Chairperson, I just want to say, while the member is so emotional, is he saying that the Minister is taking it away ... He is so emotional.
That is not a point of order!
It is a point of order!
Through submissions received it is apparent that the residents of Khutsong and Carltonville, who make up 20 municipal wards and more than plus-minus 300 000 inhabitants of the total municipality, are in favour of reincorporation into Gauteng province. However, Fochville, Kokosi, Green Park and Wedela, consisting of six wards, totalling plus- minus 75 000 inhabitants, wish to remain in the North West province. In the committee we explored the possibility of establishing two municipalities to try and accommodate everyone, one of six wards remaining in the North West province and the other 20 wards to be incorporated into Gauteng province. The ANC members and officials did not want to consider this proposal seriously because of all the legal and practical implications.
An amendment is required to the Constitution in order to give effect to the change in provincial boundaries. Not only this, but the provincial equitable share will have to be adjusted as well as any intergovernmental transfer such as the Municipal Infrastructure Grant, Municipal System Improvement Grant, the cost of the inputs by the Municipal Demarcation Board, the cost of the public hearings, etc. Hospitals and clinics will have to be retransferred back to the provinces they came from. What this fiasco has cost the South African taxpayer, heaven knows, but then the ANC does not worry about such trifling matters.
In promoting this fundamental example which demonstrates that the will of the people and consistency in respect of the redemarcation of municipal boundaries must prevail, the fact that the majority wish to go back there and that it's a substantial minority who do not wish to go back, the DA will therefore abstain from voting on this Bill. I thank you. [Applause.]
Chairperson, hon members, hon Ministers, Minister for Provincial and Local Government, Minister for Justice and Constitutional Development, comrades and friends, this debate should reflect that section 103 of the Constitution of the Republic of South Africa recognises the boundaries of the nine provinces of South Africa. In order to alter a provincial boundary, a constitutional amendment must be enacted. The Constitution Sixteenth Amendment Bill seeks to alter the provincial boundaries of the North West and Gauteng provinces in order to reincorporate the Merafong City Local Municipality into the province of Gauteng.
The Cross-boundary Municipalities Laws Repeal and Related Matters Act of 2005 is also amended to facilitate the redemarcation of the Merafong municipality and other affected areas. I was surprised when hon Darryl Worth was talking like that, because the DA did not attend the briefings when we were briefed about the reincorporation of Merafong into Gauteng. They were not there. They just disappeared. And I wonder, because the Minister has apologised, and our chairperson, Kgoshi, has apologised for what happened, but he continues.
What he must know is that when we were conducting the public hearings, we were not conducting referendums. The member wants to imitate hon Thetjeng who is no longer here. Maybe he wants to follow him. [Laughter.] [Interjections.]
Sihlalo, angifuni ukukhuluma ukuthi uyephi. Laphaya eMerafong sinethimba elikhethiwe ... [Chairperson, I do not want to say where he went to. In Merafong we have appointed a team ...]
Is that a point of order, hon Tau?
Chairperson, I just wanted to check whether the hon member is saying that hon Thetjeng could not cope with the DA?
Hon Ntuli, you may continue. That is not a point of order.
Bengisathi lapha kunethimba lochwepheshe elisungulelwe ukubona nokwenza ukuthi umasipala waseMerafong udlulela kahle esiFundazweni saseGauteng. Siyakubonga lokhu okwenzile Ngqongqoshe. Leli thimba libalulekile ngoba yilona elizobheka imininingwane yonke kanye nokususwa kwazo zonke izihibe uma kuqhutshekwa kuyiwa phambili.
Leli thimba lizosebenzisana kakhulu nohulumeni wasekhaya e-NCOP. Phela Sihlalo, sikubekile embikweni wekomodi lethu ukuthi ikomidi elisha leNCOP likahulumeni wasekhaya kufanele libe seduzane kwaleya ndawo ukuze kube ngamagama enkehli. Okusho ukuthi abaphat hi (oversight) kuyofanele ukuthi ikomidi elizoba khona lePhalamende yesine liye njalo laphaya ukuze libone ukuthi izinto zihamba kahle yini. Siyojabula futhi Ngqongqoshe uma ungashesha uwasho amagama, usho nokuthi ngobani labo chwepheshe ukuze sikwazi ukukhuluma nabo ngqo ukuthi bayilungisa kanjani le ndaba.
Njengoba kuvela ukuthi isabiwomali sika 2009-10 sesenziwe angeke sisakwazi ukusishintsha, sesiyoze sishintshwe ngonyaka wesabiwomali sika2010-11. Okusho ukuthi isabelo sabantu baseMerafong sihamba nabo sisuka eNorth West siya eGauteng. Okusho ukuthi lokho ebesebenikwe kona kofuneka imiNyango yenze ngqo ukuthi lezo zimali zayo ziyasetshenziswa uma sebeseGauteng uhulumeni waseNorth West.
Kulokhu-ke kufuneka iziphathimandla zazo zombili lezi zifundazwe okuyiNorth West neGauteng ziqaphele ngamehlo okhozi. Lokhu kumele kwenzeke kusukela phezulu kuNdunankulu kuze kuyofika ezisebenzini zoMnyango yohulumeni bobabili. Ngineqiniso ukuthi lokhu kuzokwenzeka ngoba zombili lezi zifundazwe zizobe zisaphethwe nguhulumeni kaKhongolose, uhulumeni wabantu. Siyazi futhi ukuthi unyaka wezimali womasipala uzoqala ngoJuni kuyoba kuhle ukuthi yonke imininingwane kanye nokulethwa kwezinsiza, imali kufanele ibekhona kumasipala lo abantu baseMerafong abazobe bengaphansi kwakhe i- West Rand District municipality. Siyazi ukuthi labo hulumeni bobabili bazobe besaphethwe uKhongolose okusho ukuthi abantu baseMerafong bayaqinisekiswa ukuthi ukulethwa kwezinsiza kuzobekwenziwa futhi zizotholakala. Ngalokhu esengikubekile ngenhla ngithi-ke le Ndlu ayiwusekele lo mthethosivivinyo siqhubeke siyephambili. Ngiyabonga. (Translation of isiZulu paragraphs follows.)
[Mr Z C NTULI: I was saying that there is a team of experts who was appointed to oversee the smooth transition of the Merafong Municipality into Gauteng province. Hon Minister, we are grateful for what you have done. This team is very important because it will look into every detail and do away with all of the existing obstacles that might stand in the way of progress.
This team will mainly work with the department of cooperative governance and traditional affairs in the NCOP. Mind you Chairperson, we have stated in our report that the new Select Committee on Co-operative Governance and Traditional Affairs must be closer to that place so that everything will go according to our plan. This means that the forthcoming select committee of the Fourth Parliament must always visit that place to oversee if everything is going according to plan. We would be pleased, hon Minister, if you could quickly mention those names and tell us who these experts are so that we can directly talk to them to understand how they hope to rectify this situation.
As has emerged, the budget for the 2009-10 financial year has already been allocated, and we know that we cannot adjust it; it will be adjusted in the budget for the 2010-11 financial year. Therefore, this means that the allocation for the people of Merafong will go with them from the North West province into Gauteng. This means that the departments must ensure that the funds which were allocated to them are utilised when they are in Gauteng.
In this instance, delegated authorities from both the North West province and Gauteng need to be very vigilant. This synergy must start from the level of both the Premiers and cascade down to the level of officials in both departments of co-operative governance and traditional affairs. I am certain that this will be possible because both provinces would still be governed by the ANC-led government - the government of the people.
We know that the municipal financial year will begin in June and it would be appropriate if all the necessary details, as well as service delivery issues, are catered for in the budget of the West Rand District Municipality under which the Merafong Municipality falls. We are certain that both these provinces would still be governed by the ANC which means that the people of Merafong are guaranteed that services would be delivered. With what I have said above, I am therefore urging this House to support this Bill so that we can move forward. Thank you.]
Deputy Chairperson, we are all aware of the background to the circumstances which brought us here today to discuss the Constitution Sixteenth Amendment Bill.
Some will argue that it is the fault of government for not listening to the people, but it is, according to me, the complete opposite. The ANC government has listened to the people and will always do so. It will try to make the lives of the people of South Africa better than it was yesterday as well as to make tomorrow better than today. And so, it was for that reason that we had a situation where the proposed improvements for service delivery were rejected by a community and the re-organisation of service delivery were seen, wrongly so, as a threat to service delivery.
It is extremely regrettable that destruction to infrastructure took place. Community property was destroyed; education was disrupted; and valuable learning time was lost. The matric students, with the support of the Department of Education, made tremendous effort against all odds. They did well and I salute them.
It will take time to rebuild the area, not only schools and libraries, but also a spirit of learning and returning to a sense of normality. The people must once again respect and take care of the institutions that define it. The libraries and schools should once again be the pride and joy of the community. They should not be used as sites of protest and anger.
Let me also put on record that this is not done for election purposes. This has been a long time coming. We know that Khutsong is an ANC stronghold. People would rather not vote than to vote for any other party. It is a pity that this process has taken so long and cost so much. Public protest must be bound by the processes we have institutionalised in our society. There are avenues for protest built into the design of our Constitution and society. Perhaps we've failed in implementing these systems. Having said that, wonderful and valuable lessons have been learned, the most important of which is a reminder that the definition of democracy is "government by the people for the people" and that the will of the people must be respected at all times. The ANC, therefore, calls on all of us to work together to do more to change the lives of our people. We are proud of our election call which says "Working together we can do more".
Lastly, Minister, I would like to apologise because I will leave before the end of the debate as I have been deployed to attend the funeral of a comrade. So I do apologise, but my colleague, hon Mack, will inform me of what took place afterwards. I thank you.
Deputy Chairperson, hon Minister for Provincial and Local Government, hon Minister Enver Surty, hon members of the NCOP and special delegates. Good morning.
Ladies, gentlemen and hon members, I must say that the SA Local Government Association, Salga, representing 283 municipalities in South Africa, welcomes this opportunity to address this august House on the occasion of passing into law the Constitution Sixteenth Amendment Bill of 2009. This important piece of legislation paves the way for the reincorporation of one of our member municipalities, which is Merafong City Local Municipality, from the North West province into Gauteng.
In 2002, the Presidential Co-ordinating Council resolved that no municipality should straddle across provincial boundaries. This, effectively, meant that the boundaries of all cross-boundary municipalities had to be reviewed to ensure that they, indeed, fall within one or the other province, but not both - it couldn't be both. In implementing this decision, the Minister for Provincial and Local Government introduced legislation to redetermine the boundaries of certain municipalities and, likewise, the Minister for Justice and Constitutional Development introduced legislation to redetermine provincial boundaries. As a result the following municipalities and provinces were affected: Umzimkhulu Local Municipality; Sisonke District Municipality; Alfred Nzo District Municipality; Umzimvubu Local Municipality; Matatiele Local Municipality; Bushbuckridge Local Municipality; Ehlanzeni District Municipality; Maruleng Local Municipality; Mopani District Municipality; Merafong City Local Municipality; Southern District Municipality, which is now called Dr Kenneth Kaunda District Municipality; the West Rand District Municipality; Metsweding District Municipality; and Ekungwini Local Municipality.
The affected provinces are: KwaZulu-Natal, Mpumalanga, Limpopo, North West and Gauteng. Accordingly, amongst others, Merafong City Local Municipality was incorporated into the North West province in its entirety and became part of the Southern District Municipality which is now Dr Kenneth Kaunda District Municipality. A proposal subsequently surfaced and was approved by the Cabinet for the redemarcation of the boundaries of the Dr Kenneth Kaunda District Municipality to the extent that Merafong City Local Municipality is to be reincorporated into the West Rand District Municipality.
The process of moving Merafong City Local Municipality from the Dr Kenneth Kaunda District Municipality of the North West province to the West Rand District Municipality of Gauteng province has several municipal and provincial boundary implications. The boundary of Dr the Kenneth Kaunda District Municipality will, henceforth, be reduced in that Merafong City Local Municipality will no longer form part thereof. Subsequently, the boundary of the West Rand Local Municipality will, obviously, expand in such a way that Merafong City Local Municipality will be incorporated into its jurisdiction. In view of the fact that the two district municipalities fall within two different provinces, this will, obviously and effectively, give rise to changes in the boundaries of the North West and Gauteng provinces alike.
The Minister for Provincial and Local Government introduced the Cross- boundary Municipalities Law Repeals and Related Matters Amendment Bill, which seeks to provide a legislative framework for the redetermination of the municipal boundaries, and the Minister for Justice and Constitutional Development introduced the Constitution Sixteenth Amendment Bill for the redetermination of the provincial boundaries.
In fulfilling its constitutional mandate, Salga consulted widely on the proposed legislation by circulating the Bill to the relevant local municipalities. A meeting was subsequently convened with the executive mayors, Speakers and municipal managers of the respective municipalities on 8 January 2009 to consider fully the implications of the proposed legislation. The outcome of that meeting indicated overwhelming support for both Bills. Concerns have, however, been raised with regard to the implementation date, transitional arrangements and the financial implications relating to both the Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Bill and the Constitution Sixteenth Amendment Bill.
A number of functions are currently being provided for by the Merafong City on an agency basis for the North West provincial government. These include library services and vehicle licences and, similarly, the provision of health services has been driven at local level, while this arrangement is actually substantially different in Gauteng province. The final implementation date should, amongst others, allow sufficient time to put the appropriate structures and systems in place to ensure a smooth transfer and transition from the North West province to Gauteng province.
We have learnt some lessons in the 2005-06 redemarcation process, and central to this is the agreement reached on the implementation protocol to be entered into between the receiving and the releasing province. In addition, to ensure that the necessary implementation protocol is duly agreed upon and entered into between the North West and Gauteng provinces before the implementation date, it will be critically important that structures at both the technical and political levels are established to facilitate this transition further, with Parliament and, in particular, this select committee playing the general oversight role. Local government must be directly represented as a number of functions that are subject to the transfer are performed at local government level. And, for that matter, the central and overriding purpose would be to ensure a seamless transition and uninterrupted service delivery in respect of those functions and services that will be directly affected by this exercise. This process of reincorporating Merafong City Local Municipality, from the Dr Kenneth Kaunda District Municipality which is in the North West province, into the West Rand District Municipality, which is in Gauteng province, will have serious planning and consequent financial implications for all three municipalities as well as the two affected provinces.
From a planning point of view, I must indicate that various high-level considerations are evident. The receiving municipality, which is the West Rand District Municipality, will have to, obviously, amend its integrated development plan, IDP, to incorporate planning for the Merafong City Local Municipality.
Similarly, the receiving province, which is Gauteng, would have to amend its provincial plan to incorporate development for the Merafong City Local Municipality. The provision of services by the Merafong City Local Municipality on an agency basis on behalf of the Gauteng provincial government and planning on certain specific matters will also required, for example, a review of the municipal IDP.
In conclusion, as Salga, we are fully supportive of this proposed Bill and eagerly awaiting the roll-out of the oversight role of this committee over the implementation process, subsequent to the promulgation of this legislation. I would like to take this opportunity to thank this august House for giving us the opportunity to present it here. I thank you. [Applause.]
Hon members, I was lenient because the hon member is from the South African Local Government Association, Salga. So, we want to entice them with incentives to be more active.
Sihlalo, noNgqongqoshe bobabili ngithi okumhlophe kodwa. [Chairperson and both Ministers, I wish you all the best.]
Chairperson, these two Bills before us intend to give effect to the decision taken by government to reincorporate the Merafong City Local Municipality into Gauteng province.
In 2005, when government decided, after reviewing the municipal demarcation, to incorporate Khutsong and its municipality of Merafong into the North West, the IFP was vehemently opposed to this move. This was a wasteful and fruitless exercise and the ANC government met with absolute resistance that actually caused the people of Merafong to be violent.
Similarly, the IFP has condemned the intention of the ruling party to go ahead with the implementation of demarcation legislation with regard to Matatiele, despite the opposition and the wishes of the majority of the people in Matatiele. The IFP has at relevant times stood together with the people of Merafong City, and in particular the area of Khutsong. We therefore give unconditional support to the reincorporation of Khutsong into Gauteng. The question is, however, whether this government has learnt a lesson from it.
The controversy around Merafong and other remaining boundaries stresses the importance of public participation. Many people often confuse public participation with public hearings. The principle of public participation holds that those who are affected by decisions have a right to be involved in the decision-making process. Public participation implies that public contribution will influence the decision. Had the public participation been done prior, the emergence of violence and unrest in Khutsong would have been averted, but now a lot of damage to infrastructure and properties has already been done.
The real question in the eyes of the public is whether the reincorporation of Merafong into Gauteng province would have been possible without the violent protests. Is it because, for about four years since the incorporation, Khutsong has became synonymous with violent protests such as burning tyres, torching homes and breaking traffic lights. What is the message that this government is sending to the people out there in desperate communities? Is it that if people wanted their issues to be on the national map or immediately addressed, they must resort to violence? The reincorporation of other remaining boundaries, such as Matatiele, needs to expedited because familiarity breeds contempt.
Angisho nje ukuthi nomthandazo uyasho uthi: ngithethelele ngoba nami ngiyabathethelela abangonayo. [Let me tell you that even the prayer says: Forgive me as I forgive those who trespass against me.]
There was nothing wrong when the Minister stood up and asked for the people of Khutsong to forgive us for the mistake that was made. I would have stood up if he had said that the ANC is sorry and I would have said that he must take my speech as read. But because he said "We are sorry", it means that he was doing it for all of us even though we actually did not agree with that decision.
Asimemukele uNgqongqoshe uma ethi ucela uxolo. Kuhle lokho. [Let us accept the Minister's apology. That is good.]
Forgive us.
Hon member, your time has expired. [Interjections.]
Hawu! Nanamhlanje lo mama udodi bengithi singabangane. [Ihlombe.] [Alas! Even today this woman is still evil; I thought we were friends. [Laughter.]]
Chairperson, may I address the House while I am seated? Chairperson, hon Minister for Provincial and Local Government, Sicelo Shiceka, in his absence, hon Minister Surty and the House at large, I thank you for the opportunity. I am rising to this debate with all the respect I can muster.
The decision of the Gauteng Provincial Legislature to support the Constitution Sixteenth Amendment Bill of which the main objective and purpose is to give effect to the decision to reincorporate Merafong City Local Municipality into Gauteng translates, actualises and demonstrates our commitment to the Constitution of the Republic of South Africa.
Public participation lies at the centre of our democracy. Parliamentary and government decisions should reflect the will of the people. A free South Africa must therefore ensure that parliamentary decisions do not become a source of division or conflict.
Residents of Merafong, which includes Khutsong township, have in the past taken to the streets in protest against the 2005 decision of incorporating Merafong into the North West province. Their contention was the perceived perception that their standard of living would plummet under the North West province. The fact of the matter is that the people of Merafong regard themselves as an inseparable part of Gauteng. Their position is informed by the socioeconomic fibre linkages between their municipal area of jurisdiction and the Gauteng province.
While we agree with the struggles of the people of Merafong, we are cognisant of our responsibility to restore law and order. Restoration of peace will require a concerted effort by all, including civic associations, trade unions and other independent bodies. On the other hand, I want to stress to you, Chairperson, that we are mindful of the constitutional principles of a democratic South Africa, which envisages that provinces or regions should not be devised as a means of perpetuating privilege. Central government has a responsibility of seeing to it that all areas of the country have equitable access to natural resources and opportunities. Similarly, when we speak of a united South Africa, we speak of a society united behind one national identity. The Merafong cross-boundary dispute has sparked tensions, but it has also allowed us as public representatives to remind ourselves of the slogan used by the ANC in the late 1980s and early 1990s which was "one person one vote in a unitary state". This was a simple statement of mass democracy.
In the 1980s the Khutsong protests were not foreseen or anticipated. Surprisingly, the slogan is as relevant today as it was then. The right to vote in a unitary state is a right that cannot be defined or determined by a provincial boundary. This applies to the people of Moutse or Matatiele - we must encourage them to vote. We are not a federal state. We are tasked with the responsibility of promoting national unity.
The urban-rural balance is another consideration which requires that provinces with a rural bias must be on equal footing with provinces with an urban bias, particularly in terms of opportunities. We cannot sit here and be boastful of Gauteng and condemn the North West province. What we need to do is to expand opportunities to all South Africans, irrespective of provincial boundary lines. We must, as legislatures and as Parliament, ensure that we enable communities to access services. We also need to promote the dignity and equality of all South Africans irrespective of where they are.
Spheres of government are distinctive in that they are interdependent and interrelated. It is important to develop co-ordinated implementation programmes that will enable the receiving municipality and Gauteng province to achieve the intended objective of the Bill. The end result, which is what we are fighting for, is the restoration of national pride in the whole Merafong community. As Gauteng we support the Bill. I thank you.
Modulasetulo, badirammogo, Tona Rre Enver Surty, Tona Rre Shiceka, yo o tsamaileng fa a fetsa go bua le rona, fa nkabo ke le kwa kgotleng ke ne ke tla re ke la me leo. Fela go botlhokwa ka gore ... (Translation of Setswana paragraph follows.)
[Mr A J L MOSEKI: Chairperson, colleagues, Minister Enver Surty, Minister Shiceka, who left after delivering his speech, if I was in the council I would have seconded but it is important because ...]
... we also represent the North West province. North West, as a progressive province, is better than other provinces and supports the passing of this legislation. We do that because we understand the importance of the development of our people in this country. The second thing is that we understand that South Africa is a unitary state.
Go nna kwa Gauteng, Bokone Bophirima kgotsa Limpopo ga go kae sepe. [It does not matter whether you live in Gauteng, the North West or Limpopo.]
The bottom line is that we are all citizens of this country. The development brought by government to communities is intended to improve the lives of all South Africans.
North West is negatively affected by cross-boundary municipalities and has lost a number of areas such as Kgalagadi, Phokwane, Mabopane, Ga-Rankuwa, Temba and now Merafong to other provinces. We never protested and are not going to do so.
Go sa ntse go na le morafe wa GaMothibi o o batlang go tswa kwa Bokone Bophirima o ye felogongwe. Ke batla go kopa gore puso e matlafatse lenaane la thuto ya set?haba gore re nne le bokao bo le bongwe ba gore Aforika Borwa ke eng. (Translation of Setswana paragraph follows.)
[There is still the community of GaMothibi who wants to move from the North West and be incorporated somewhere else. I would like to urge government to improve its programme of educating the nation so that we can all have a common understanding of what South Africa is.]
Firstly, we appeal that citizens at the lower level must have the same understanding as other citizens at other levels about what South Africa is and what it means to be a citizen of this country.
Our second appeal is in respect of what the South African Local Government Association said in terms of revenue, economic space and equity shares. North West is losing a lot in this regard. We want to urge the Minister and Cabinet to speed up the process of the review and consolidation of provinces. It is our view that if we don't do that speedily the caucus problems we have regarding Matatiele and other areas are going to continue. If you review a number of provinces in the country and consolidate them to a manageable number, you will have a permanent solution to our problems.
Another important thing we want to say, as members of the ANC having said what the North West would have wanted to say, is that the ANC-led government is a caring government. Our people must understand that if this government was not a caring government, it would not have reconsidered what the people of Merafong have been saying. It should be understood by Mr Worth and others that, being the caring organisation that we are, after realising that some of the decisions taken in the past are no longer fulfilling the interests of our people, we reviewed them and decided to address the will of our people. That shows how caring the ANC is. It is not because the DA or IFP have said something, but because we are a caring organisation.
We also want to mention this for other parties to understand that we are doing these things in the spirit of good governance. We are mindful of the fact that if people are not satisfied, there is no way that there can be good governance in this country. As a caring organisation, we want to ensure that there is good governance at all levels.
We see the need for the people of Merafong to be part of that good governance. We want them to be happy. We want the people of Merafong to enjoy the warmth of the ANC and to enjoy the love of the ANC. We are happy that we listened to the people of Merafong in the public hearings, speaking with one voice, saying that they'd want to be relocated to Gauteng. Therefore, the ANC supports the passing of this Bill. Thank you. [Applause.]
Chairperson, we welcome our two hon Ministers to this House. How befitting it is to be in this House in this last sitting.
The Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Bill provides for the administrative procedures and processes in the redemarcation of boundaries between the district municipalities of Dr Kenneth Kaunda in the North West province and the West Rand in the Gauteng province. This Bill goes with the Constitution Sixteenth Amendment Bill so that, when read together, these Bills have the effect of reincorporating the Merafong City Local Municipality into the Gauteng province. The principal Act, that is the Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Act of 2005, and of course its twin, the Constitution Twelfth Amendment Act of 2005, are amended by these Bills.
If we reflect briefly on clauses 4 to 7 of the Bill under discussion, we will realise that it makes provision for the amendment of the statutory notices by the relevant MECs for local government in terms of section 12 and section 17 of the Local Government: Municipal Structures Act, as well as for the schedules stipulating the changes in expressions of the affected districts and localities identified on the relevant maps. Clause 9 of the Bill makes provision for the voting district of the Merafong City Local Municipality to be part of the Gauteng segment on the voters' roll in order to comply with the stipulations of section 24 of the Electoral Act of 1998.
Also, looking at clause 10(2) of the Bill, clause 9 deems to have come into operation on the day the 2009 election was proclaimed in the Electoral Act. In essence, it says that when the President proclaims this year's elections, we will consider this Bill to have been in place by then. Unlike other pieces of legislation, which come into effect on a date proclaimed by the President, this Bill takes effect on the same date as the start of the Constitution Sixteenth Amendment Act of 2005, hence we say that these Bills should be read together.
During our deliberations on this Bill, National Treasury highlighted that the budget allocations for the Merafong City Local Municipality will continue to be disbursed by the North West provincial government until the end of the 2009-10 financial year. We were then also informed that the Department for Provincial and Local Government was establishing an interdepartmental transitional committee with clear timeframes and protocols to ensure the smooth and effective management of the changeover. We further discussed how we should be dealing with such boundary changes in future. This is a work in progress, but there are some suggestions which make some sense constitutionally, as put forward by the demarcation board.
In terms of section 103(2) of the Constitution we can make a once-off amendment to that section of the Constitution to make provisions for any change in the boundaries of municipalities to be dealt with in terms of the relevant legislation, without going for constitutional amendments. This is the issue that will be taken forward by the next Parliament, the Fourth Parliament.
In conclusion, our roles as respective legislatures is that of regular oversight on these processes, bearing in mind the previous hurdles observed in similar areas like Bushbuckridge. As to the reason for these Bills coming here, the hon Minister has elaborated on these matters. We have also rendered our apology and our repentance in this regard and anybody who continues to lambast us in this regard is trying to score a political goal via an offside position. We table this Bill for consideration by this august House. Thank you very much for your attention.
Chairperson, the National Council of Provinces has indeed delivered. It has delivered to the national executive, and to Ministers, who were nurtured, developed, and shaped by this House. [Applause.] So today you have, on the last day of this democratic period, the presence of two of your sons, as my colleague has correctly pointed out, who were largely influenced by the ability of this institution to contribute directly to their development. For that, both of us say thank you very much and, perhaps, our presence in the executive is a celebration of the outstanding achievement of this particular House. In doing so, we recognise the leadership of the presiding officers, the support of the Chief Whip and all other presiding officers.
What is interesting about this House, and this is a useful example in terms of a public education issue that was raised by you, Ms Letwaba, is that because we are drawn from the ranks of this particular House, we understand the importance of co-operative governance, the relationship between the three spheres of government, the need for collaboration, and the role of the National Council of Provinces and the National Assembly in giving effect to the implementation of legislation.
If we did not have a sense of this particular complex arrangement within our constitutional landscape, indeed the Minister for Provincial and Local Government - who is always in a hurry to get things done, full of energy, robust, and vibrant - would not have been able to achieve this. It meant that we had to collaborate as a Department of Provincial and Local Government and a Ministry of Justice or Department of Justice and Constitutional Development. It is in this regard that I would like to say thank you very much to Mr Rudman and his team for their commitment in ensuring that, as agents on behalf of the Ministry of Provincial and Local Government, we were able to deliver. So, you have delivered two Ministers who have indeed delivered the legislation on time to the people of Merafong and Khutsong.
This would not have been possible if it was not for the able, wise, experienced, capable, competent, proficient and well-endowed leadership of the two chairpersons, Kgoshi Mokoena and hon B J Mkhaliphi. For your leadership and collaboration, we say thank you very much. [Applause.] As the astounding leaders that you are, you would tell me that it would not have been possible without the participation of your very committed and passionate members of the committee. So, to the members of the select committee of all political parties, thank you very much for your co- operation.
I think the next lesson that can be drawn from this experience, and this has been indicated in the speech of Cllr Moloi from Salga, is that central to the tenets and the imperatives of our Constitution is the participatory nature of our democracy. We should engage with communities, and what hon Worth - who is normally very placid, very serene, and very calm - has said now, very passionately in a moment of excitement about the elections, is that we didn't listen attentively. We were not listening well enough to the voices of the people. What we are saying, and what he is saying - unfortunately, he is going to abstain - is indeed true. I think both my colleague and I would say quite unashamedly that the ANC apologises. We take the responsibility, as the leading party in government which certainly would influence the outcomes of political decisions, to say that to the people of Khutsong and Merafong.
However, this debate, and that is the next lesson, is not about provincial boundaries; it is not about competing fiefdoms; and it is not about where the line is drawn. It is a recognition of the nature of our societies as they evolve; of its diversity in terms of language; and of its linkages, as Ms Letwaba quite correctly pointed out, to the social and economic phenomenon that the community encounters in their day to day living. When I think of what Ms Vantura said, and she spoke quite correctly about the frustration of the community in terms of education, this House would know more than any other House about how we had to transport people physically to to and from Further Education and Training colleges and Khutsong to enable the Grade 12 learners to write the matric examination. That meant that something was not right, that there was resistance, and that people were unhappy.
However, the reality, and that is the next lesson, is that the people of Khutsong and Merafong did not go to the polling stations. They did not vote for the DA. They did not vote for the IFP. They said to the African National Congress: "We are disappointed. You have not heard our pleas for incorporation. You have not recognised the complex nature of our society and our linkages of yesteryear. Please reconsider." That plea was responded to by the African National Congress. That is why the ANC is saying that it is sorry and that it is neither proud nor condescending. It will not only admit where it has erred but will also rectify the error in a hurry.
To my colleague, the Minister for Provincial and Local Government, if you can please listen to me - I know this is his House - I wanted to speak to you directly to say thank you very much for the enthusiasm, spirit, and urgency with which you dealt with this matter. Thank you very much for doing so and for recognising that this is not the end of the journey. I know that, as I speak here in this House, the Minister has been to Mutse, the Minister has been to Matatiele, and the Minister is aware that even within the North West Province, hon Moseki, there are other areas which have to be looked at. In fact, his closing remark was that he is tasked with the responsibility of looking at the consolidation and alignment of provincial boundaries in its totality.
It is not about fragmentation, about Matatiele which must be attended to, and indeed is being attended to as we speak, or about Mutse as we look at it. It is about saying that, given our experience over the past 15 years, we recognise the challenges and the socioeconomic linkages. How do we do it? How do we create a unitary state with boundaries that make sense to the people, recognising their diversity and not intending to fragment them, to divide them or separate them, but really to unify them around issues of socioeconomic development? These notable points for development are going to be recognised, so we say thank you very much. I am very impressed with the quality of the contributions that have been made here. They certainly, in no uncertain terms, quite unequivocally, reflect a clear understanding of the challenges of local government, provincial government, and its interrelationship. Cllr Moloi, quite correctly again, raised the issue of the implementation of the protocol. We have an intergovernmental relationship framework. Protocols are critical and Salga as well as Ms Letwaba from Gauteng have indicated that the implementation of these protocols, these transitional arrangements that the Minister for Provincial and Local Government has spoken about, are critical and necessary.
Let me assure hon Ntuli that, indeed, Treasury is aware of its responsibility in providing resources to the community of Merafong, including Khutsong, and, indeed, National Treasury has allocated resources. So, in the realignment and the rearrangement of the provincial boundaries, there will not be any financial prejudice or hardship. What should, however, occur is a strong oversight and monitoring, and strong collaboration among provinces, and among cities, to ensure that delivery does take place and resources that have been earmarked are spent for the benefit of the people of Merafong, as well as the people of Khutsong.
What we are saying, which is another lesson that we have learned from this, is that there is no better teacher than experience and we learn from our mistakes. We are better able to understand the needs of communities in its great diversity if we interact. The party that I belong to does not only go to communities but goes door to door to listen to the concerns and the needs of our people, because a constitutional amendment is of no value and does not fulfil the objective of a developmental state unless it reflects, quite correctly, the aspirations and the ethos of a new democratic dispensation which says that our task as public representatives is to improve the quality of the lives of our people, especially the poorest of the poor. Today, what you are doing here is celebrating that commitment to ensure that we do indeed bring about a qualitative change in the lives of our people.
I will say, in conclusion, that an election period is imminent. We have responsibilities as public representatives. We have to be tolerant. We have to ensure all political parties have the right to participate without fear, without favour and without prejudice. We have a responsibility, as political leaders, to ensure that we instil discipline among our people and wish all political parties well in our new democratic elections.
To the members of this House and to its leadership, I can, as my colleague has correctly pointed out, only say thank you very much for contributing so significantly and so largely to our development to ensure that what we do, we do together, and we do it in a hurry, because together we can do much more. Thank you very much. Debate concluded. Question put: That the Constitution Sixteenth Amendment Bill be agreed to.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Bill accordingly agreed to in accordance with section 65 of the Constitution.
Question put: That the Second Report of Select Committee on Security and Constitutional Affairs on Constitution Sixteenth Amendment Bill be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Bill agreed to in accordance with section 75 of the Constitution.