Deputy President Cyril Ramaphosa: Oral reply to questions in National Council of Provinces

Deputy President's oral reply to questions in the National Council of Provinces, Tuesday, 28 October 2014

Dr H E Mateme (ANC-Limpopo) to ask the Deputy President:
 
(1) whether the Government has engaged the South Africa-Nigeria Bi-National Commission regarding the recent death and injury of South Africans caused by the collapse of the guest house of the Synagogue Church of all Nations in Nigeria; if not, why not; if so, what are the relevant details
(2) whether the discussions included the manner in which the church and the Nigerian authorities responded to the disaster; if not, what is the position in this regard; if so, what are the relevant details;
(3) whether the Government is playing any role into the investigations regarding (a) what really happened and (b) who should be held accountable; if not, why not; if so, (i) what role and (ii) what are the further relevant details?    
 
Reply
 
Honourable Members,
 
The South Africa-Nigeria Bi-National commission has not yet convened.
 
However, the South African Government has through its High Commissioner in Abuja and the Consul-General in Lagos engaged continuously with the Federal Government of Nigeria and the Lagos State Government regarding the recent deaths and injuries of South Africans caused by the collapse of the guest house of the Synagogue Church of all Nations in Nigeria.
 
The Department of International Relations and Cooperation is also engaging the High Commissioner of Nigeria to South Africa.
 
DNA sampling is currently being carried out by a private laboratory in Stellenbosch on the mortal remains of the deceased and once the South African citizens have been identified, their remains will be repatriated to South Africa by the South African Government.
 
The discussions have largely focused on fast-tracking the return of the injured South African nationals and the repatriation of the mortal remains. The South African Government is not playing any role in the investigations because this matter falls within the Nigerian legal jurisdiction.
 
A coroner has been appointed to investigate the accident and the inquest commenced on 24 October 2014. The South African Government has however indicated its readiness to assist with the investigation and can only partake in such investigation if invited to do so by the relevant Nigerian authorities.
 
I thank you.
 
Mr D L Ximbi (ANC-WC) to ask the Deputy President:
 
(1) Whether the Government has looked at the social, economic and psychological impact of the trauma and fear of the persistent violent crime to social cohesion in our communities; if not, why not; if so, what are the relevant details 
(2) whether the Government is looking at ways to wage a concerted fight against illegal shebeens and drug dens, especially in historically marginalised and socially excluded communities; if not, why not; if so, what are the relevant details 

(3) whether the Government has achieved its goals through the:

(a) creation of social cohesion over the past 20 years and
(b) Moral Regeneration Movement since its inception in order to bring awareness and curb violent attacks and killing of defenceless persons (details furnished); if not, why not; if so,
 
i. what is the nature of the programmes that are implemented,
ii. what messages are conveyed to the communities in this regard and
iii. what are the further relevant details.

(4)    whether the Government will:
 
(a) consider any new programmes to curb these atrocities and
(b) drive any special programmes in the near future to further social cohesion in the rural areas; if not, why not; if so,
 
i. what programmes in each case and
ii. what are the further relevant details?  
 
Reply
 
Honourable Members, Government has undertaken various studies done on crime, its causes and its effects. However, there has been no study done by government that directly explores the link between crime and social cohesion.
 
Still, it is a common cause that crime has a negative impact on social cohesion. It contributes to mistrust, promotes fear, and reduces beneficial interaction across historical boundary of race, gender and class. At the same time, a lack of social cohesion contributes to high rates of crime.
 
Criminal activity is able to flourish where bonds of social solidarity are weak and a sense of community is deficient. We are therefore called upon both to fight crime and promote greater social cohesion.
 
If we embrace a sense of mutual obligation and accept responsibility for our actions, then we will have more cooperative communities; communities where people pick up litter, vote in their municipal election, donate blood, or assist those in greater need.
 
Honourable Members,
 
The Inter Ministerial Committee on Alcohol and Drug Abuse has worked on policies, laws and strategies that seek to reduce the supply and demand for alcohol and illicit drugs. Extensive work is also being done to improve treatment of addiction and other harm reduction programmes.
 
Drug and alcohol abuse is ultimately a societal issue. Government can coordinate efforts and provide resources, but this problem will only be addressed if all South Africans are actively involved. In promoting social cohesion in South Africa, we need to overcome the barriers of the past.
 
The apartheid government sought the physical, economic and social separation of people who live in South Africa through laws such as the Prohibition of Mixed Marriages Act, the Group Areas Act, the Natives (Urban Areas) Act, and the Reservation of Separate Amenities Act. Access to public resources and services was determined by race.
 
Government has created an environment for greater social cohesion through the repeal of such legislation; the adoption of our new Constitution, with a Bill of Rights in which all are equal before the law; and by redressing disparities in the provision of public services.
 
Much more needs to be done.
 
There are still great divisions within our society, and we need to work together to overcome these. Under the leadership of Father Smangaliso Mkhatshwa, the Moral Regeneration Movement can count a number of achievements:

  • July has been declared as Moral Regeneration month.
  • An MRM Charter of Positive Values was formulated and adopted by all parties. It is premised on our Constitution and informed by the spirit of Ubuntu. In line with the MTSF Outcome 14, this Charter is being further popularised. 
  • The MRM Schools Project was launched in 2011. It aims to address issues such as general ill-discipline, teenage pregnancy, violence in schools, lack of commitment from teachers, and the absence of ethical leadership in schools. 
  • The Moral Regeneration Movement's Charter of Election Ethics was launched on 25 February 2014 in partnership with SABC and the IEC.

Outcome 3 of the MTSF deals with the reduction of crime.
 
It requires the implementation of strategies in the following areas by 2018/19:

  • Integrated crime prevention and combating
  • Visible Policing
  • Public Order
  • Community Policing
  • Rural Safety
  • Intelligence-led Policing,
  • Crime Detection

Again, these efforts will only be effective if all individuals and organisations in society work together to achieve these objectives.
 
I thank you!
 
Mr M J Mohapi (ANC-FS) to ask the Deputy President:
 
(1) Whether the Government has critically analysed the nature of service delivery protests across the country with the aim of setting a benchmark for effective service delivery to communities, especially between the various spheres of government; if not, why not; if so, what are the relevant details;
 
(2) whether such a benchmark would look at the varying levels of the quality of services offered by the various provinces regarding their economic and historical factors; if not, why not; if so:
 
(a) what is the plan to ensure improvement of services in areas that have been lacking behind and
(b) what are the further relevant details?    
 
Reply
 
Honourable Members,
 
The increase in the number of service delivery protests and their often violent nature is of serious concern to government. Of particular concern are protests that lead to loss of life, the disruption of schooling, and the destruction of government buildings and community assets such as libraries and clinics.
 
Five provinces - Gauteng, Eastern Cape, KwaZulu Natal, Western Cape and North West - account for 84% of all the protests in 2014. Protests are thus spread across the country in both more urbanised and less urbanised provinces. It is hard to correctly analyse the nature of protests because many are contextual.
 
However, the common denominator in all of this is that there is significant dissatisfaction among communities with both the functioning and the way in which municipalities are managed.
 
To this end, the Department of Cooperative Governance has undertaken an assessment of municipalities in all nine provinces. This revealed that just under a third of municipalities are not performing well, while a further third are at risk.
 
The "Back to Basics: Programme of Action” recently unveiled by the Minister of Cooperative Governance and Traditional Affairs is intended to get municipalities to serve communities better.
 
To get municipalities to serve communities better, government expects municipalities to demonstrate good governance, a responsive administration, sound financial management, action against corruption and substantive community involvement.
 
The details of this plan have been communicated to all municipal mayors and senior managers across the country. It has been made clear to the political leadership and officials in all municipalities that government expects no service failures, but where these occur government expects the services to be restored urgently.
 
The Department of Cooperative Governance, together with its provincial counterparts, will be closely monitoring the implementation of the Back to Basics Programme of Action by municipalities.
 
I thank you.
 
Ms E C van Lingen (DA-EC) to ask the Deputy President:
 
Whether he will take any steps against Ministers and Deputy Ministers who fail to attend to oral questions' sessions in the National Council of Provinces (details furnished); if not, why not; if so, what are the relevant details?    
 
Honourable Members
 
All members of the Executive remain committed to fulfilling all Parliamentary obligations including responding to both Oral and Written Parliamentary Questions.
 
In my capacity as Leader of Government Business I will continue to ensure government's legislative programme is dealt with efficiently and effectively and that Cabinet Ministers fulfil their obligations to Parliament.
 
I thank you.
 
Mr L B Gaehler (UDM-EC) to ask the Deputy President:
 
1. What is South Africa's approach and plan in ensuring that democracy prevails in Swaziland regarding:

(a) political tolerance among political formations,
(b) respect of human rights,
(c) freedom of speech and
(d) free media (details furnished);
 
(2)    what is South Africa's interest through the Bilateral Commission in respect of water challenges confronting the neighbouring Nkomazi Local Municipality in Mpumalanga?
 
Reply
 
Honourable Members
 
South Africa is committed to the promotion of human rights and democracy in the region, the continent and across the world. South Africa respects the sovereignty of all countries and only intervenes under the auspices of multinational institutions like SADC, the AU or the UN. In the case of Swaziland, our Government does engage the Government of the Kingdom of Swaziland on a number of bilateral issues including the issues of political freedoms.
 
Bilateral relations between South Africa and Swaziland are cordial and are informed by historical bonds, cultural affinities and geographical proximity. Structured bilateral relations between the two countries are conducted under the framework of the Joint Bilateral Commission for Cooperation (JBCC).
 
This framework, signed in Swaziland on 20 December 2004, seeks to promote political, economic and social cooperation between South Africa and Swaziland. As a consequence, the two countries have concluded over the years, bilateral agreements and memoranda of understanding to enhance sectoral cooperation between the two countries.
 
On the area of managing natural resources, including water, our cooperation is underpinned by the Republic of South Africa and the Kingdom of Swaziland Memorandum of Understanding of 23 July 2010 on the sharing of water resources between borders shared by the two countries.
 
With regards to addressing water challenges in the Nkomazi Local Municipality, the South Africa and Swaziland established a Joint Water Commission in 1992 for the building of Driekoppies Dam. This dam is also managed by the two countries with the assistance of Komati Basin Water Authority (KOBWA), which is a cross border company formed by the two countries.

Part of the water supplied to Nkomazi Municipality comes from Driekoppies Dam. Most of the water-related challenges in the municipality are a result of infrastructure that is ageing, thus resulting in the inadequate supply of water to the communities concerned. The Municipal Water Infrastructure Grant (MWIG) aims to assist with the refurbishment of this infrastructure to ensure these challenges are overcome.
 
I thank you.
 
Ms L Mathys (EFF-Gauteng) to ask the Deputy President:
 
With reference to his reply to oral Question No 2 on 27 August 2014, and the latest reports regarding a certain company (name furnished), what actions has the Government taken on private sector corruption regarding:
 
(a) tax evasion,
(b) base erosion and
(c) price fixing in which the said company is implicated (details furnished)?    
 
Reply
 
Honourable Members,
 
Tax evasion, base erosion and price fixing as contemplated are three different concepts, but they have the same consequence - reduction, deferment or elimination of a tax liability. Government, through National Treasury, the South African Reserve Bank and the South African Revenue Service, works continually to ensure that the South African tax base is protected.
 
Over the past year National Treasury introduced several proposals to counter base erosion across a multitude of tax types. As part of their routine activities, the South African Revenue Service and the South African Reserve Bank continually assess taxpayers and significant financial transactions to ensure compliance with their relevant laws.
 
The Reserve Bank and the South African Revenue Service work closely together to monitor capital flow movements. On-going interaction between the two institutions means that attempts by non-compliant taxpayers to move capital offshore are reduced.
 
The South African Revenue Service, as the administrator of the tax and customs laws, works towards driving compliance through intense audit activity. In working around the audit capacity constraints SARS has adopted a risk based targeted approach to auditing large corporations.
 
On transfer pricing specifically, the tax laws currently provide for rules to adjust the taxable income of a taxpayer where the Commissioner is satisfied that a transaction between connected parties was not done on an arm's length basis.
 
At a more strategic level, National Treasury and the South African Revenue Service are also working closely with the Davis Commission to ensure a thorough review of the current tax policy and legislative framework.
 
With respect to the said company, Section 69 of chapter 6 of the Tax Administration Act, 2011, provides for the confidentiality of taxpayer information held by the South African Revenue Service and prohibits the disclosure of taxpayer information by the South African Revenue Service except in narrowly defined cases. These cases include disclosures to the South African Police Service and National Prosecuting Authority related to tax offences, by order of a High Court or with the written consent of the taxpayer concerned.
 
I have been informed by the Minister for Economic Development that according to the records of the Competition Commission, which falls under his purview, there has not been a price fixing matter involving the said company.
 
Thank you!
 
For more information:
Ronnie Mamoepa
Cell: 082 990 4853

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