Deputy Chairperson, I hope I will be given more time because I have just come home. Therefore, I must be given more special treatment than other Ministers present here. [Laughter.]
Deputy Chairperson; Comrade Enver Surty, the Minister for Justice and Constitutional Development; hon members, comrades and friends, ladies and gentlemen, we are gathered here today to reverse the Constitution Twelfth Amendment Act and replace it with the Constitution Sixteenth Amendment Bill and its accompanying legislative provisions. We are putting a final nail in the coffin that buries unhappiness and protests from the people of Merafong in general and Khutsong in particular. We have reached the crest of the journey of taking the people of Merafong to where they belong. These people were incorporated in the North West province against their will.
The Freedom Charter says that no government can claim legitimacy unless it is based on the will of the people. Today we are coming to reaffirm the principles that have guided the ANC for the past 97 years as a revolutionary and people's movement. These are the principles that made the ANC the darling of the people of South Africa. It is the only party that has its fingers on the pulse of the people of South Africa. This assertion is evident by the fact that the ANC is the only party in the world that has increased its majority in successive elections. There is no other party that has done so across the world. It is only the ANC. Therefore, this assertion is not going to stop on 22 April 2009; it will continue as before.
The ANC is the party that is viewed by the people of South Africa as their Parliament. This darling of the people of South Africa is the only party that confuses politicians, particularly political commentators and the media. It also baffles opinion-makers and surveys conducted against it. It is unpredictable, particularly to those who are not members of it. This is the secret that has made this party the darling of the South Africans. It is driven by its principles; self and constructive criticism; organisational discipline, democratic centralism; and a people-centred and people-driven approach, to mention a few.
It is these principles that make us come before you, South Africans, and the world today and say sorry to the people of Merafong.
Re entse phoso. [We have made a mistake.]
Lixhoshwa libhekile. [We have made a mistake.]
Let us look back at the reasons for why we are here today.
Ake nginithathe ngamehlo engqondo nginise eMerafong. [Let me paint an imaginary picture of Merafong.]
That municipality was a cross-boundary municipality; 26% of its southern tip fell under the North West, whilst 74% fell under Gauteng. The population of that area is estimated to be approximately 308 237 inhabitants, of whom the majority fall under Gauteng.
When the cross-boundary municipality was done away with, the gold mining belt was established from the East Rand to Johannesburg, linking with the West Rand, which historically included Carltonville, a major town in Merafong. Western Deep Levels is the deepest gold mine in the world. This gold mine is part of Merafong. The mining belt called PWV was created and established because of the discovery of gold. Therefore, the economic, social, historical and transport links were established many, many years ago in that part of the country. There is a train service that goes from Johannesburg to Carltonville and vice versa. It means that the people of Merafong have been part of Gauteng since time immemorial. What it means in essence is that the removal of these people from Gauteng to North West was like ripping off parts of a human body.
As we all know, PWV was a province that preceded Gauteng. Gauteng is a Sotho word which means gold. The discovery of gold included that part of Gauteng which was Merafong, and the deepest gold mine is in Merafong. Therefore, you can't separate Merafong from Gauteng. Gauteng is part of Merafong, and Merafong is part of Gauteng. It is this logic that made us, the people of this country and the ANC-led government, to say that we have made a mistake.
This mistake was caused by the decision we took in the 1980s that said one city one tax base. Therefore, when we built a new local municipality that had to ensure that it took the whole of Merafong, which included the areas that are liked by Sbali - Kokosi Sbali - and they are part of Merafong. Those parts were part of the North West. We made the mistake of taking the 74% majority to the area of 26% minority. The 26% were the people who stayed in the former North West and 74% have been part of Gauteng since time immemorial. That was the first cardinal mistake we made in dealing with this issue. We also made a mistake because despite their objections and their grief, we took them back and that decision was never accepted by the people of the area. However, they involved themselves in illegal violent protests which were supposed to be condemned because to raise one's views does not require using extraordinary means of violence. Express your views and government must be able to listen.
We say, today, that era is past, it is gone and this is the second last leg to ensure that the matter is resolved. Once the Bill is passed, it will be sent to the President for his assent. On 22 April 2009, I will vote in Merafong. I will welcome the people of Merafong back to Gauteng. I will be in Khutsong to cast my vote on that day, because the people of that area will then be part of Gauteng.
We have also established a transitional committee composed of different spheres of government led by my department. The transitional committee will be dealing with overseeing the reincorporation and reconstruction and development of the Merafong area. The business sector, particularly the mining houses, has come forward. They want to contribute to the party. They want to release the land and contribute financially to ensure the development of that area. The area has the deepest gold mine in the world, therefore it cannot afford to be poor. As a department we are ensuring that this matter is addressed.
We also have other challenging areas. Regarding the area of Moutse, we will be taking a decision soon, within the next two weeks, to come up with a conclusion in terms of what will happen in that area. Where the area of Matatiele is concerned, we will also take a decision around it which will be underpinned by the interest of the people, because we believe that if this ANC government is rooted in the people it will always be in power. Maybe it will be out of power when the son of someone comes back to this country. That will be the only time when it will not be in power.
The matter of handling the issues of cross-boundary municipalities is something that must be done because we believe that this is a sideshow. Our focus must be on service delivery, development and on improving the quality of lives of our people. And we are going to do that without fear, favour or prejudice. That's what we are going to do. And I want to say in this august House that I appreciate the fact that for the past four years I've worked with wonderful people, including the leadership of the Deputy Chair and the Chairperson. We appreciate it. I am the son of the soil in this House. The strength and the wisdom that you have given me will allow me to conduct my tasks and my responsibility in a way that will make you proud when you look at it.
I want to thank the committee that I worked with, which we called the Mokoena detachment. If you look at the clusters in this House, this detachment has managed to raise the bar; even in times of debates it was a committee that did very well. I felt privileged and honoured to be part of the Mokoena detachment. So please, Mokoena, continue with the detachment; it did very well. It shaped and chiselled us to be what we are today.
I also want to thank the committees of the National Assembly for conducting this work because when the Bill was introduced - when the concept was conceived - nobody, including some of my colleagues in Cabinet, believed that it could be done. Today, it was proved that it can be done. I must also thank Minister Surty for his co-operation, because we worked very well on this task, as well as the select committee led by "uSbali" uBhuti Mkhaliphi for doing this work so well. We really appreciate your contribution. As much as I need to thank the Chief Whip and the leadership of the institution for the way they have managed to assist us in conducting this work and developing it, I need to thank my department and my office, led by Ntlaks Nkondwane. That team doesn't sleep; it works until the morning. I feel proud to be associated with hardworking men and women of such calibre. This country will be taken to another level if they continue to do so. [Applause.]
I also want to thank my family for allowing me to do what I am doing by giving me the support, which is important in terms of discharging one's responsibilities. We hope, in going forward, that the NCOP will always make us proud.
However, you must know, the issue of your future is on my table. The future of provinces is in my desk drawer with regard to looking at whether or not provinces, as spheres of government, need to remain. Sometimes when I touch that document I get very scared because it is quite fundamental and serious. Therefore, when you see me you must smile at all times, otherwise your future will be determined. [Laughter.] Thank you very much. [Applause.]
Chairperson, colleagues, hon members, comrades and friends, let me start off by saying thank you to the Minister for explaining and taking us through the Bill and for telling us what led to this Bill being brought back to Parliament.
Public hearings were conducted in the areas of Merafong in the year 2005 to get the views of the people concerned. Let me boldly say that the current Minister for Provincial and Local Government, hon Sicelo Shiceka, was very vocal in advising Parliament that it was wrong to incorporate Merafong into the North West. Unfortunately, his views were ignored. The committee also raised some concerns on this issue, but unfortunately the powers that be didn't want to listen then. Thank you very much, hon Minister, for progressively addressing this issue.
In the two Bills, we are reversing the mistake that was made in 2005, where the two districts of Kenneth Kaunda and West Rand were placed under North West against the will of the people. In these two Bills, we are redetermining the geographical areas of the provinces of Gauteng and North West. All the areas under the above municipalities will be reincorporated into Gauteng province.
After some serious discussions, the committee decided to join our colleagues in provinces when they conducted public hearings. In this very affected area of Khutsong in Merafong, we were informed by our colleague, the hon Mzizi, that attendance was very good. We were informed that all structures in the area were with one voice saying "yes" to Gauteng and "no" to North West. After going through all the mandates from the nine provinces, the committee agreed that Khutsong in Merafong and the two districts I mentioned must be reincorporated into Gauteng.
In any conflict there are always two opposing views. This was the same in Khutsong. The name Khutsong means a place where there is peace. But during the time of the conflicts, unfortunately, there was no peace there. On behalf of the committee, I want to thank the hon Mzizi for the role he played in making sure that all the necessary logistics and dynamics in our committee were in place. Thanks very much, "Baba" Mzizi. You are one of the best shining examples in our committee. You put the interest of the country first and not that of your party. Thank you very much, hon member.
People opposed the views held by the majority in the area. Some of these people were attacked and many of them were even exiled. Councillors couldn't work in the area. I want to appeal to the leadership in the area to try and call some meetings to reconcile the opposing groups there. In any democracy, it is not possible for people to think the same way. If need be, some of us won't mind if you call prayer meetings or prayer days. We need to reconstruct Khutsong. If I had my way, I would rename the municipality after the Minister because of the role he played in the area. That would be part of saying "thank you" to you, Minister, for being such a dynamic Minister.
To all the people of Khutsong, please give our officials a chance to develop your area. We are all aware that service delivery was hampered because of these disputes. Of course, my colleague Comrade Chris Ntuli will deal with this matter decisively. Let me say in passing it is true that the department assured us they would do everything in their power to ensure that service delivery in the area is not hampered. As you are aware, the budget that is supposed to service the area is still under North West. The department promised that, through the transitional committee, nothing will fall through the cracks.
The last time I checked, South Africa was a unitary state. I know Comrade Moseki will give us "a briefing" on the subject. But at the same time what should occupy our minds is whether the areas in which we are staying are developed and not the question of where we are located. There are still some people who want to be placed in one province or the other. The question is how the department is going to deal with these conflicts in the future. Of course I am not best qualified to deal with this matter. It is only the hon Mkhaliphi who can do this decisively. This is all I can say on this subject.
This being our last sitting, on behalf of the committee, I would like to thank our leadership in this council for their support. We wouldn't be such a dynamic committee if it was not for the support of our leadership in this council. To date, as a committee, we have had 163 meetings since 2004. In those meetings we were able to pass 45 pieces of legislation. We were able to put through this House 25 international agreements. All this was possible because of the support we had from our leadership. Chairperson, this was possible because you gave us this support.
Apart from a few, we also got co-operation from our Ministers in this cluster. I was fortunate to chair this committee that consists of such selfless, hardworking, dedicated, understanding, decisive, intelligent, sharp, cool, always alert, wonderful, magnificent, excellent, evergreen, calculated and dynamic members. I am still humbled by the respect and co- operation I received from these members who serve on this committee. It's true that history remembers us not by our looks, but by the work we have done. Our motto as a committee has been "don't put away for tomorrow what you can do today". We have been doing this because we are aware that the full use of today is the best preparation for tomorrow. One other reason why we took this direction is because we knew that it is not the hours that one puts in that count, but what one puts into those hours.
Finally, to you colleagues, I want to wish you all the best in your future endeavours. You are an asset to this committee, the NCOP and our country, and not a liability. Hon members, please support us when we deliver the people of Khutsong back to where they belong - Gauteng. Let's support both Bills.
Modulasetulo, ga ke nyake go hlwa kgorong. Go ja kudu ga se go nt?ha tlala. Ka gona e re ke re, diphala t?a mona marula di a tloga. A re thekgeng Melaokakanywa ye mebedi ye. Ke a leboga. [Chairperson, I do not want to waste time. May I therefore say that it is time for me to wrap up. Let us support these two Bills. I thank you.]
Chairperson, Ministers present and hon members, the Constitution Twelfth Amendment Act of 2005 and the Cross-boundary Municipalities Laws Repeal and Related Matters Act 2005 provided for transitional arrangements to ensure a smooth transition from the cross- boundary municipal dispensation to where a municipality would only be located in one particular province.
One of the consequences of the Constitution Twelfth Amendment Act and the Cross-boundary Laws Repeal Act was that Merafong cross- boundary municipality was incorporated into the North West province in its entirety and became part of the then Southern District Municipality. I quote from the Bill itself: