Speaker, recently the Human Rights Commission released a damning report on the Child Protection Register. In that report it is stated in regard to the Minister's department that resource constraints and financial limitations are the reasons that the department has failed to monitor the Child Protection Register. In fact, the Minister has just reiterated those two points here today.
Minister, could you inform the House about how your department can spend R1,9 million on new cars, over R2 million on furniture, and over R6 million on overseas trips, and yet claim that it has financial constraints when it comes to fulfilling a core responsibility? Thank you. [Applause.]
The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES: Hon Speaker, I think each and every department has responsibilities and those include reporting to the United Nations. My department has to report on women and the progress made since Beijing. A lot of progress has been made, except by the DA! [Interjections.] Zero by the DA! It also has to report on programmes we are implementing in regard to people with disabilities.
I want to make it clear that I did not buy furniture for R2 million. I am not doing shopping for my department! I also want to reiterate the DA's lies, that I paid exorbitant bonuses to my officials. I have never paid a bonus to any official since the inception of this department. The DA, in its desperation to campaign for more votes, is busy misleading the House and the nation. I want to clarify that ... [Interjections.]
Hon Speaker, on a point of order: The Minister is making a delightful speech, but she is not answering the question. Could we please get an answer to the question? [Interjections.]
The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES: I have made it clear that the Department of Social Development and the Department of Justice and Constitutional Development, which have to implement the Child Protection Register, have resource constraints. We need to ensure that social workers are trained and that they are able to manage part A of the register. With regard to part B of the register, which is for the offender, first of all the court must find the offender guilty before they are registered. However, we are also saying that the two departments have resource constraints. This is not about my department. My department is monitoring. I am referring to those two departments. [Time expired.] [Applause.]
Thank you very much, Speaker. Thank you, Minister, for your earlier response. My question relates to the implementation and monitoring of the Child Protection Register. Bearing in mind that it is the responsibility of the Department of Justice Constitutional Development and the Department of Social Development, how will you ensure that we improve in future in regard to monitoring and implementation?
The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES: Hon Speaker, I have already said that my department is part of the Children's Review Forum and that we are ensuring that there is implementation of the recommendations of the Human Rights Commission. The Department of Justice and Constitutional Development and the Department of Social Development have been given five months by the Human Rights Commission to implement its recommendations. We are working together.
Since we are part of the Children's Act review, which also looks at the Child Protection Register and how it should be improved, we will make sure that these improvements are implemented and that the relevant departments are able to report on time. Thank you.
Thank you, Speaker. Minister, given the Human Rights Commission's damning report which gives, amongst other things, the department's failure to monitor the implementation of the Child Protection Register, and considering that the department's mandate is to promote, facilitate, co-ordinate and monitor the realisation of the rights of women, children and people with disabilities, how should this Assembly justify the continued financing of a department that cannot deliver on its core mandate? I thank you. [Applause.]
The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES: Hon Speaker, I have answered all the questions the hon member has asked. I have assured the House of the manner in which we are going to deliver on these important tasks that have been given to us by the Human Rights Commission. But I also want to remind the hon member that the Western Cape government is doing nothing for women, children and people with disabilities. [Interjections.] I think it is high time the hon members got their own house in order before pointing fingers at others. I am happy that my department is doing its job. I thank you. [Applause.]
Order! Question 335 has been asked by the hon D G Nhlengethwa of the Minister ...
Speaker, sorry, but there is one more opportunity for a follow- up question.
Minister, you may say that the Western Cape government is not doing much for women, children and persons with disabilities, but let me tell you that our leader is a woman; our parliamentary leader is a woman; and we believe that a woman can be the President of this country, unlike your party and your Women's League! [Interjections.]
Minister, the Human Rights Commission report, which we have both referred to, found that the state was not fulfilling its objectives to protect children from abuse and neglect. The current Child Protection Register is not a true reflection of crimes committed against children - failure to adequately implement the register has rendered it ineffective. And the list goes on and on.
Minister, you have tried to justify your overseas jaunts, you have tried to justify the new furniture in your office, but I see you did not try to justify the purchasing of new cars. I wonder why. But could you please explain to this House, once and for all, why it is that your department cannot oversee the Child Protection Register and fulfil your core responsibility of monitoring it? Thank you. [Applause.]
The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES: Well, hon member, I have never bought a car from the time when I was Minister of Agriculture and Land Affairs. The cars that were bought in my department were for the protectors, because it is too expensive to hire cars every month. It is a cost-saving tactic, with which we are trying to save on car hire.
I also want to say that I have not had any jaunts overseas, except to go and report to the United Nations on the tasks that we have been given by the President of South Africa - to report on progress women are making, and to report on progress people with disabilities are making.
I also want to assure hon members that South Africa is a shining example to the world in regard to empowering women. [Applause.] We are rated number two in Africa after Rwanda in regard to the representation of women in Parliament. We are rated number six in the world in regard to the Organisation for Economic Co-operation and Development. Therefore, we have a lot to be proud of.
We have two Deputy Ministers who have disabilities, and we have 96 public representatives with disabilities. Therefore, I believe that the ANC government has done a lot to empower our people. In the past 20 years, the ANC government has passed laws, and passed a Constitution that is lauded the world over. Thank you. [Applause.]
Envisaged impact of redetermination of municipal boundaries
335. Ms D G Nhlengethwa (ANC) asked the Minister for Co-operative Governance and Traditional Affairs:
(a) When will the redetermination of municipal boundaries as recently announced by the Municipal Demarcation Board take effect and (b) what is the foreseen impact? NO3376E
Speaker, the newly determined municipal boundaries, as determined by the Municipal Demarcation Board and announced on 15 October 2013, will be implemented with effect from the 2016 municipal elections.
There are many advantages to these determinations. Amongst them are the ability to focus on the broader developmental issues, which provides an opportunity for the newly formed metros to leverage resources and attract investments; the capacity to leverage all socioeconomic issues by operating a single tier of local government with reduced bureaucracy; the ability to better address the issue of grant dependence; better allocation of powers and functions; and the creation of improved efficiencies in service delivery, so advancing the principles of developmental local government.
Currently, there are 278 municipalities categorised as local, district and metropolitan. The recent determinations by the Municipal Demarcation Board will result in a reduction to 267 municipalities. There will be 11 fewer local municipalities and one less district municipality. It should be noted that only two provinces, Gauteng and KwaZulu-Natal, are affected by the reduction in the number of their municipalities. There are currently 61 municipalities in the KwaZulu-Natal province. This will be reduced to 54. Gauteng now has 12 municipalities. The redeterminations will result in the elimination of four municipalities and the establishment of one new metropolitan municipality. I thank you.
Hon Speaker, I thank the Deputy Minister for his response. In terms of section 21 of the Local Government: Municipal Demarcation Act, Act 27 of 1998, the Municipal Demarcation Board may redetermine the municipal boundaries in some of the municipalities, as the Deputy Minister has mentioned. Having assessed the capacities of municipalities, the impact of the rationalisation and the advantages just mentioned, what transition measures will be put in place to ensure that those municipalities affected will function fully from the outset?
Speaker, I think we all know that the Municipal Demarcation Board is an independent institution. It conducts its work in terms of the Constitution and the law. It has certain criteria that it uses for making the determinations that it does. We believe that for these determinations it has taken into account a wide range of factors that are set out in the Act.
However, we are also mindful that in the implementation of any such redemarcations, there will be challenges. For that reason, the Department of Co-operative Governance and Traditional Affairs has put together task teams to assist the municipalities in question to work towards the implementation of the determinations of the Municipal Demarcation Board. Thank you.
Speaker, I am sure the Deputy Minister is familiar with the expression that justice should not merely be done, but be seen to be done. In the same way, we have an independent Municipal Demarcation Board. We call it "independent" - it should not merely act independently, but be seen to be doing so.
I put to the Deputy Minister the fact that its behaviour over several years has given rise to a growing perception that it is not the independent body that it purports to be. He may or may not agree with the factual case being made. Certainly, the perceptions out there are growing that the board does not act as it should.
The board is due for renewal. The government's behaviour itself has sometimes been questionable. Would the Deputy Minister commit himself and his department to ensuring that whenever this board is changed, as is due soon, it is staffed with people who are fully committed to fearlessly maintaining the integrity and independence of the board, and not succumbing to behaviour which results in perceptions of their being partisan?
Speaker, the hon Smith's question raises a broader issue. I think it is an issue that is fundamental to this stage of the development of our democracy, and that is the respect that we should accord to the institutions that we have established in the Constitution and through legislation. We cannot adopt an approach that suggests that these institutions are independent and worthy of respect when they decide in ways that we want them to decide, and when we are not happy with their decisions, we then impugn their dignity, and we impugn their reputation. I think that is a very, very dangerous thing to do in any democracy, but especially in ours at this stage of our development.
The hon Smith, I think, was quite correct to say that he was referring to perceptions. He predicted that I might not agree with the factual case that he was making. Indeed, I do not, because he did not make a factual case. He stated what is a perception, without any facts to support that perception.
As I have said, the Municipal Demarcation Board is established by the Constitution. It operates in terms of the law, and I think that unless there is concrete evidence to suggest that it has not complied with the Constitution or the law, we must then respect the outcomes of its processes.
Furthermore, the hon Smith is quite correct - there are three vacancies on the board as it exists now. A further seven positions will become vacant at the beginning of next year and, in order to ensure that there is a smooth transition and that the work of the board is not interrupted, a process has been put in motion to identify candidates to fill those vacancies. I think, as we speak, those interviews are being conducted or would have been concluded yesterday. Thank you very much. [Applause.]
Speaker, it would have been very nice to see the Minister here today; we have not met him in committee yet.
Nonetheless, let me say this. The Deputy Minister wants to deal with fact; let us deal with fact, then. On 24 January this year a joint press statement was put out by your so-called "independent" Municipal Demarcation Board on a Department of Co-operative Governance and Traditional Affairs Ministry letterhead and its own letterhead, from which I want to quote:
The meeting noted and agreed that the Minister's public announcement to put the demarcation process on hold was in the interests of peace and stability.
Now, I will ask you, Deputy Minister, given what you have just said in this House: Do you regard that as the independence that we require from a board like this, when a Minister is able to interfere directly, go above the board, and put a process on hold when it suits the ANC to do so?
This demarcation board has itself to blame for the perceptions that there are out there. They have behaved recklessly. The fact that the so-called independent chairperson, Mr Mahlangu, can put a signature to a joint press statement like this with the Ministry is unacceptable, and he deserves the scorn that South Africans are pouring the board on and the light that it is now seen in.
However, let us be absolutely clear on what the impact was, because that is what the question asked. The impact was that the ANC have now gerrymandered the only municipality in Gauteng that is run by the DA - the best run municipality in Gauteng ... [Interjections.] ... into the ANC's clutches. That is what this demarcation process set out to achieve ... [Time expired.] [Applause.]
Mr Speaker, no. I want to reiterate the point that I made earlier. The Municipal Demarcation Board operates in terms of the Constitution and the law. The law sets out the criteria in terms of which it makes its determinations. [Interjections.] The hon member has not stood up here in this House and adduced a single shred of evidence that would suggest that the board has not complied with the Constitution or the law. [Interjections.] He says that the ANC has gerrymandered a DA municipality out of existence. [Interjections.] He does not provide one shred of evidence. [Interjections.] No ...
Order, hon members! Order!
All that the hon member has held up in this House is a letter that says that a given process was on hold at a particular time. [Interjections.] I will have a look at that letter, but I do not know how a process being on hold affects the outcome and the content of that process. In addition, he said nothing whatsoever about the propriety of the process or the factors considered by the Municipal Demarcation Board in arriving at their conclusion.
So, please, can we make an appeal to members to respect our institutions, the institutions created by our Constitution? [Interjections.] Give them the respect that they deserve. The hon members should remember, ...
Order, hon members! Order!
... today a decision that emanates from an institution might not please you. Tomorrow that same institution might come up with a decision that pleases you ... [Interjections.] ... but by that time you would have rubbished the integrity and the reputation of that institution. [Interjections.] So, let us be careful in how we go about the treatment of our institutions. Thank you. [Applause.]
Hon Speaker, I think the Deputy Minister has answered sufficiently. Thank you. [Applause.]
Action to improve performance in Programme 4: Rights of People with Disabilities in 2014
336. Ms L L van der Merwe (IFP) asked the Minister of Women, Children and People with Disabilities:
With regard to the performance of her department's Programme 4: Rights of Persons with Disabilities which only achieved 37,5% of its targets in the 2012-13 financial year, what (a) action will be taken by her department to improve this performance in 2014 and (b) are the major achievements envisaged by her department for this programme in the 2013-14 financial year?