Chairperson, hon members, good afternoon.
On Monday 21 March 2011 we will be marking South African Human Rights Day. The theme of Human Rights Day this year is "Working Together to Protect Human Dignity for All." It's a day of solemn commemoration. We honour the memory of those who sacrificed so much in the struggle for a united nonracial, nonsexist, democratic and prosperous South African nation, a nation in which all can enjoy equal rights.
We remember those innocent victims who met the brutal might of the apartheid security forces in Sharpeville and Langa on 21 March 1960, as they protested peacefully against the horrific pass laws. The pass laws represented the essence of apartheid colonialism. They declared the majority of South Africans to be foreigners in the land of their birth. They were the taps used to turn on and off the supply of cheap labour from the so-called independent homelands that fed the accumulation of wealth by a minority through super exploitation. They symbolised the perversion of the rule of law, the judiciary and the legal system that characterised apartheid. They represented an all-round assault on the most basic rights and human dignity of the majority of South Africans.
But this is also a day for reflection. We owe it to these heroes, ourselves and future generations constantly and critically to reflect on human rights issues that affect our people on a daily basis. How far have we come? And how far must we still travel? Which roads lead us to our destination? And which roads take us backwards? What are the obstacles along the road, and how can we clear them?
But it is also a day for celebration. We celebrate the fact that the sacrifices made by those who we honour on this day contributed to building a South Africa that is viewed across the world as an example of a democratic and constitutional state.
In his state of the nation address this year, President Zuma reported to the nation on the achievements that we've made together since the inception of our constitutional democracy. Apart from the institutional mechanism set up by the Constitution of the Republic to protect and promote human rights, we have institutions supporting constitutional democracy such as the Public Protector, the Auditor-General, the SA Human Rights Commission, the Commission on Gender Equality, the commission on cultural, linguistic and religious communities, and also an effective Parliament, and an independent judiciary.
In addition to all of these things, we've also made steady progress in promoting access to basic services. In this regard, the President informed the nation that more than 400 000 traditional people received a basic water supply in 2010. Approximately 81% of the country is electrified as compared to 63% in the year 2000. The crime statistics show a decrease in many crimes. Particularly armed robberies, house breakings, and business robberies as well as contact crimes; for example, showed a moderate decline of 8,6% in 2010. A difference is being made in education as we saw today, and as evidenced by the significant increase in the matric pass rate during 2010; an interest is being displayed by youth around the country in education.
Close to 15 million South Africans obtained social grants from the state and plans are afoot for the extension of the child support grant to cover eligible children under the age of 18 years. I think it's also opportune to reflect that, in 1996, only 64% of South Africans lived in formal households - that went up to 76% in 2010. In terms of access to water, 93% of South Africans now have access to clean drinking water. We are very close to meeting our Millennium Development Goal in terms of sanitation. Access to electricity has increased from 1994, when 4,5 million South Africans had access, to 9,5 million in 2010. All of these matters go to the very heart of restoring the human dignity of our people.
The founding provisions of the Constitution provide that the Republic of South Africa is one sovereign democratic state founded on, amongst other things, the values of human dignity, the achievement of equality and the advancement of human rights and freedom, nonracialism and nonsexism. The Bill of Rights contained in Chapter 2 of the Constitution is the cornerstone of our democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.
Section 10 of the Constitution provides that everyone has inherent dignity and the right to have their dignity respected and protected. Guided by these constitutional imperatives, since 1994, basic service programmes have been pursued to restore to the lives of our citizens the dignity to which they are entitled. As enunciated by our internationally revered icon and longstanding proponent of human rights, former President Nelson Mandela, it is critical for the country to address the issues of poverty, want, deprivation and inequality in accordance with international standards which recognise the indivisibility of human rights.
Former President Mandela said, and I quote:
The right to vote, without food, shelter and health care, will create the appearance of equality and justice, while actual inequality is entrenched. We do not want freedom without bread, nor do we want bread without freedom. We must provide for all the fundamental rights and freedoms associated with a democratic society.
The judiciary in our democratic South Africa has played a proudly independent role in the adjudication of constitutional and human rights matters, with human dignity firmly rooted in the interpretation of the rights contained in the Bill of Rights. This dynamic and evolving constitutional value has been captured in many judicial decisions in South African jurisprudence. Amongst other cases, in Dawood and Another v the Minister of Home Affairs and others, the court held, and I quote again:
Human dignity informs constitutional adjudication and interpretation at a range of levels. It is a value that informes the interpretation of many, possibly all, other rights. This Court has already acknowledged the importance of the constitutional value of dignity in interpreting rights such as the right to equality, the right not to be punished in a cruel, inhuman or degrading way, and the right to life.
The Constitutional Court firmly pronounced that dignity is not only the value fundamental to our Constitution; it is a judiciable and enforceable right that must be respected and protected. At the international level, the right to human dignity is firmly rooted in the Universal Declaration of Human Rights adopted in 1948, both in the preamble and Article One of the declaration wherein it states that:
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards each other in a spirit of brotherhood.
Human dignity has also found its place in the International Covenants on Human Rights and informs the central underpinning of the contemporary human rights discourse across the world.
Chairperson and members of the NCOP, I would like to take this opportunity to mention specifically the role that the international community has played in the struggle for our human dignity against apartheid. The date, 21 March, was designated by the United Nations as the International Day for the Elimination of Racial Discrimination. It is a day observed all around the world to focus attention on the problems of racism and the need to promote racial harmony. The United Nations made this designation in 1966 to mark the tragedy at Sharpeville. And, although the massacre occurred in South Africa, the United Nations was recognising that racism is an international problem.
We must endeavour to strengthen our respective relationships with civil society, business and labour, institutions of learning and Chapter 9 institutions with a view to empowering the public and capacitating communities in realisation of our human rights. Celebrating Human Rights Day on 21 March presents a wonderful opportunity to involve and galvanise people from all walks of life - young and old - for the promotion and protection of human rights by means of encouraging citizen participation in working together to protect human dignity for all.
The democratically elected government of South Africa has committed itself to redressing inequalities and improving the lives of its people and to promoting and entrenching a human rights culture. The Department of Justice and Constitutional Development plays an important role in this regard, with its key mandate being justice and constitutional development, promoting human rights and access to justice for all, with particular emphasis on impoverished and marginalised communities. The transformation of society is premised on the values, dignity, equality and nondiscrimination in terms of the Constitution. Whilst we'll have a long road ahead, often difficult and trying, together we can and must redouble our efforts in promoting and protecting the human rights of our people, thereby restoring dignity, fairness, equality, justice, and democracy in our society.
This brings me to the theme of this year's commemoration of Human Rights Day, Working Together to Protect Human Dignity for All. We call on all South Africans to unite in the protection of human rights for people's dignity. The commemoration event will take place here in Cape Town at Athlone Stadium on 21 March starting at 09h30. It will be attended by representatives from all branches of the state, representatives of political parties represented in Parliament, the Chapter 9 institutions and nongovernmental organisations. The President will be delivering the keynote address, the acting premier and mayoral candidate will also be speaking, and many others.
Government will use this day to take stock of progress made in creating a climate conducive to the realisation of human dignity. We'll also devote time to reflect on the challenges that lie ahead. The significance of this year's commemoration coincides with the centenary of International Women's Day on 8 March.
What is also significant is that the Ministry of Basic Education will use the commemoration to hand over the torch of peace to the Minister of Justice and Constitutional Development. This torch is a symbol of the commitment to protect human rights. We appeal to all Members of Parliament to attend this event, to encourage your constituents to attend, and to recommit yourselves to working together to protect human dignity for all. I thank you. [Applause.]
Hon Chairperson, members, today we are debating a fundamental and most challenging theme of our society, namely human rights in a country with many diverse minority groups. The theme for the day is working together to protect human dignity for all.
The Bill of Rights is a cornerstone of democracy in South Africa; it enshrines the rights of all people in the country and defines the democratic values of human dignity, equality and freedom. Let us look at a few fundamental clauses in the Bill of Rights as reflected in the Constitution and judge the government's performance in as far as complying with the Bill of Rights is concerned.
Regarding equality, everyone is equal before the law and has the right to equal protection and benefit of the law. Can we surely state that this is true as we look at the disastrous handling of Mr Shaik, the President's former adviser in breaching his parole conditions?
Regarding human dignity, everyone has an inherent dignity and has a right to have their dignity respected and protected. As for freedom and religion, belief and opinion, this right does not extend to advocacy of hatred that is based on race, ethnicity, gender or religion and that constitutes incitement to cause harm.
Is the hatred speech of Julius Malema against the Afrikaner on which the government keeps silent in line with the Bill of Rights? The other example is how Comrade Robert Mugabe is being protected by the government whilst he is destroying democracy and the dignity of his people.
Regarding the environment, everyone has a right to an environment that is not harmful to their health or wellbeing by preventing pollution and ecological degradation. Are we satisfied with the assets crisis in the water supply of Gauteng - sewers running into rivers contaminating water, and the failure of basic services in the ANC-controlled municipalities throughout South Africa? The government is failing the people as far as their human rights are concerned.
Regarding housing, everyone has a right to have access to adequate housing. No one may be evicted from their homes without a court order. Because of tender fraud and jobs for cronies, the Minister of Human Settlements had to rebuild thousands of houses of shocking quality which were built because of chasing numbers and enriching cadres and not to provide quality housing for the poor.
It is shocking that a special investigation unit is investigating tender fraud in the eThekwini Metropolitan Municipality in the amount of R5 billion. Is it money stolen from the poor? Regarding education, everyone has a right to basic education including adult basic education and further education, which the state, through reasonable measures, must make progressively available and accessible.
As reported, our education standards are deteriorating to such an extent that the Education department had to influence and adjust results to try and improve matric results. Who is fooling who? Our failure rate at our universities is alarming. Instead of progressively building education, government closed down teacher training colleges and nursing training colleges, which resulted in skills shortages.
Every day we learn about skills shortages, we acknowledge the wrongdoings of the past, but why must our professional children, young doctors and engineers, go abroad to make a living whilst they want to participate in building our country as loyal citizens? They are deprived of opportunities whilst there are vacancies that are not filled in the scarce skills environment just because of the colour of their skin.
What is fundamentally wrong is the emphasis on race and not creating space for all, which is the fundamental issue in our government. The last week's events demonstrate exactly what I mean around the money debacle - money is a civil servant, and a well-paid one.
Paul Ngobeni, who called hon Manuel a gangster and a king of the coloureds in an open letter on Sunday, is also paid with our tax money. He has now been suspended by Minister Sisulu, but the final outcome will determine how strongly government is acting against racism.
On the question by the Sunday Independent about Mr Manyi's role in the struggle he said, "We looted. It was nice to loot! We would stop a truck carrying milk and say, 'If we loot this truck, who loses, you or the white man' We enjoyed this spree - until the Hippos came."
His role in the struggle was not of a freedom fighter, but a looter. He is mainly busy looting the Bill of Rights, but who is going to stop him? As reported in the Cape Times, if government's leadership does not come up with a clear and unambiguous position rather than meaningless mumblings about nonracialism, the minority groups will accept that the former liberation movement has become a tribalist cabal.
What is the solution? The DA calls it the open opportunity society. [Interjections.] By "open", we mean a society in which people have the right to be themselves and follow their own path in life. An open society is founded on the Bill of Rights, the rule of law and democratic decision- making. [Interjections.] By "opportunity", we mean a society in which people are given the means to take advantage of their rights, to improve their circumstances and live lives they value.
By "for all", we mean a society which truly belongs to all who live in it, in which all South Africans, regardless of the colour of their skin or circumstances of their upbringing, have the same rights and access to opportunities they need to improve their lives. In a society for all, redress of past discrimination is essential and is aimed at those who still suffer the effects of that discrimination.
Why are so many people immigrating from the Eastern Cape to the Western Cape? The reason is, they come to a province of hope and service delivery. [Interjections.] We did not steal the Western Cape; the voters voted for the DA ... [Time expired.]
UMntwana M M M ZULU: Sihlalo, amalungu ahloniphekile ale Ndlu, lolu usuku lwamalungelo abantu baleli lizwe, yize noma sazi kahle emlandweni ukuthi uhulumeni owayephethe eminyakeni edlule wahlasela abantu bakithi ngezibhamu bengaphethe lutho, ebahlasela ngezibhamu kwachitheka igazi labantu abangayi- 169.
Kuyaziwa futhi ukuthi kwaba khona abalimala ababalelwa kwi-180, nangaphezulu kwalokho kuwo wonke amalokishi abantu abaMnyama eGoli. Lokho yisibonelo esibi okufuneka ukuthi njengohulumeni wentando yeningi sikubhekisise ngoba kuyinto engafanele yenzeke ukuthi amaphoyisa ethu noma umButho wezeMpi ushaye abantu bakithi bengaphethe lutho.
Ngiyakuhalalisela ukuthi uhulumeni ukwazile ukwakha iKhomishani yamaLungelo aBantu okufuneka ukuthi thina sonke njengezakhamizi zaleli zwe siyihloniphe ukuze ikwazi ukwenza umsebenzi wayo. Uma ngephule ilungelo lomuntu othile kumele ibhekane nami ukuze ngiqonde, ngibe nesimilo.
INingizimu Afrika iyizwe elikwazile ukuthi eminyakeni eyi-16 eyedlule ibe nokuhlonishwa kwamalungelo abantu. Ngiyacela kithi esiphethe ezinhlakeni zikahulumeni ukuthi singangeneleli siphazamise izikhungo zika-Chapter 9, ezinikezwa nguMthethosisekelo igunya lokuthi izindaba zawo zingangenelelwa yinoma yimuphi omunye umuntu.
Lokho kuzosenzela igama elihle njengezwe, ukuthi siyawahlonipha amalungelo abantu futhi siyazihlonipha izakhiwo zikahulumeni ezweni lakithi iNingizimu Afrika. Njengezakhamizi zaleli lizwe kufuneka sikwazi ukufundisa izingane zethu ukuthi zihloniphe amasiko wezinye izizwe nathi uqobo lwethu sihloniphe amasiko ezinye izizwe ngoba sinemikhutshana eminingi ehlukene njengezizwe.
INingizimu Afrika iyizwe elinabantu abavela emazweni amaningi, okufuneka ukuthi sikwazi ukuhloniphana. Njengokuthi uma amaNdiya eyothandaza, kulungile mawahambe ayothandaza, nathi uma siyobulala inkomo esibayeni, kungashiwo ukuthi sihlukumeza izilwane ngoba sisuke siqhuba lokhu okuthiwa ngamasiko ethu njengesizwe.
Ngiyabonga Sihlalo, ngithi phambili ngeNingizimu Afrika ukuba ikwazi ukumela amalungelo abantu, ikwazi ukuhlonipha Ubuntu. (Translation of isiZulu speech follows.)
[Prince M M M ZULU: Chairperson, hon members of this House, Human Rights Day is for the people of this country, although we know very well from our history that the government that was in power previously attacked unarmed people with guns - they attacked them with guns - and 169 people lost their lives.
It is also known that 180 people were injured, and the numbers exceed that as the same thing happened in all the black townships around Johannesburg. That is a very bad example that calls us, as a democratic government, to look closely at it as it is something that our police or the Defence Force shouldn't be doing - attacking our unarmed civilians.
I commend the government for forming the SA Human Rights Commission, which we all have to respect as the citizens of this country so that it can perform its duties well. It needs to deal with me if I have violated someone's rights in order for me to be a good person and be well behaved.
South Africa is a country that has been able to entrench a culture of human rights in just 16 years of democracy. I am pleading with all of us who are in power within the government structures not to interfere with the Chapter 9 institutions, which are protected by the Constitution so that no one should interfere with their affairs.
This will give us a good name as a nation; that in our country South Africa, we respect human rights as well as all the spheres of government. As the citizens of this country we need to teach our children to respect the cultures of other nations and we ourselves need to respect other cultures because we have different customs as different nations.
South Africa is a land with many people coming from many different countries, which means that we have to respect one another. For instance, when the people of Indian origin have to go pray, they must be allowed to do so, and when we need to slaughter a cow in a kraal, that must not be regarded as cruelty towards animals because we would be performing what forms part of our culture.
Thank you, Chairperson. I am saying: Forward with a South Africa that respects human rights, and ubuntu.]
Chairperson, this coming Saturday, the people of KwaZulu- Natal, government and royalty, will be commemorating two very important South African figures - Princess Pixley ka Isaka Seme and UMntwana Mcwayizeni. We are commemorating their lives because they contributed to building the cohesion in the society in KwaZulu-Natal and contributed to peace and security of the people of KwaZulu-Natal.
UMntwana Mcwayizeni fought a lot against intolerance that ravaged the people of KwaZulu-Natal for decades. Inkosazana Uphikisile ka Seme of course, is a woman who gave birth to a son of the the ANC - Pixley ka Seme. We sometimes see the parents in the child and we thank this woman of South Africa for giving us a stalwart that fought for human dignity.
I stand here today, on behalf of the ANC, to share its contribution to the human rights of the people of South Africa, Africa and the world, from the liberation struggle era to the birth of the developmental state and to the current milestones that the ANC government achieved in the short space of time of its rule. The ANC is fighting and eradicating deprivation, injustice and poverty.
We owe this, as the Deputy Minister alluded, to some heroes, many of whom are dead, many of whom have shed blood for us to appreciate this day. We are paying tribute to the forefathers and fore founders of this 99-year-old movement, who were persuaded by their conviction that the conditions and the circumstances under which the oppressed people of South Africa were living were inhumane and unjust. They therefore warranted this course of liberation that led to the birth of the developmental state in 1994.
The history entailed in the processes that led to the formal ushering in of the human rights regime in South Africa has been characterised by intense political, social and economic efforts to eradicate the ills that have ravaged our society for more than 300 years. I hope I am correct. I am not saying 400 years, in case somebody tries to be smart. It was particularly done by those who made themselves the architects of the system and rooted themselves deeply on the basis of race, colour, creed, gender, age and disability. They continuously, as we hear today from the speaker of the Western Cape, resisted the change and the transformation for a better life.
That history began with the exploration by the Dutch and the Portuguese, the arrival of the Settlers, which was followed by the destruction of the human systems of the African people through the colonial wars which eroded the values of ubuntu and the collective living of our families in South Africa.
Since the inception of the Industrial Revolution, with the discovery of mineral resources, the political revolution which established various forms of governance systems excluded and deprived the majority of the people. The agrarian revolution dispossessed our people of land and, therefore, the liberation path for the forefathers of the ANC was inevitable, as contained in the activities that were undertaken leading up to 1955.
There were activities by the Congress of the People in 1955 which adopted the Freedom Charter, the Defiance Campaign, the declaration of the armed struggle and the recalling of the conference in Pietermaritzburg that called for the defence and the protection of the human dignity of the majority of the people of South Africa.
They had to mobilise the people to fight against this deprivation, discrimination and impoverishment, all of which had dehumanising effects. The liberation struggle had multifaceted elements. Some became high profiled, whilst others remained essential for the total realisation of the just and humane co-existence of our people. One of the elements is human rights in general and human dignity. We cannot emphasise enough the importance of human dignity.
Unfortunately, your time is up.
Chairperson, I had words for this opportunity ... [Interjections.] I hope I will find some other time next year. [Time expired.]
Chairperson, when we talk about human rights, the first thing that will come to mind is the constitution of a country. We are from a past that had a constitution, but a constitution without the protection of human rights. Today, we are sitting with a Constitution that is rated as one of the best in the world. A Constitution with a Bill of Rights, and that is in chapter two. I was there when this Constitution was written.
The opening paragraph of the Bill of Rights says, and I quote from sections 1 and 2:
This Bill of Rights is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.
The state must respect, protect, promote and fulfil the rights in the Bill of Rights.
Chairperson, many people have laid down their lives for these rights. Many people spent years in prison, went into exile and are sitting with painful scars for these rights. It is very sad for me to say that what I have just quoted from the Bill of Rights is not respected; it is very scary when we read what we read in the media on a daily basis about the alleged brutality and torture of suspects by the police. It reminds one of the olden days. The recent raid by the crime intelligence police on the Office of the Public Protector is a clear sign of intimidation of a Chapter 9 institution. These actions go directly against our Bill of Rights.
While on the face of it all our people are free, in truth, the vast majority remains in bondage. Mired in poverty and lacking skills, they experience loss of human dignity on a daily basis. The protection of human dignity begins with having food on the table. If government had provided vigorous leadership, thousands of people would have joined in to support people growing their own food.
When we speak of the protection of human dignity, we also need to turn the spotlight on violence against women and children. The frequency with which women are raped and sexually abused in our country should be a matter of shame for all of us. By doing nothing, we are complicit in the abuses that occur against women.
Physical violence and abuse against women robs them of their human dignity. The same applies to children who are abused. We all know what is happening but we are turning a blind eye and we allow abuses to rob our children of their human dignity. Thank you.
House Chairperson, thank you very much. Hon Deputy Minister of Justice and Constitutional Development, hon members and guests, the fact that we, as South Africans, have set aside 21 March as a day on which to celebrate human rights is no accident of history. Suffice it to say that the inherent contradiction in this celebration makes it altogether more fundamental in building our democracy.
This day evokes in the imagination of many South Africans visions of the poor women and children being shot with live ammunition for daring to exercise their rights to freedom of assembly, to demonstrate and to picket.
House Chair, let me quote from Proverbs, chapter 31, verse 8:
Speak up for people who cannot speak for themselves. Protect the rights of all who are helpless. Speak for them and be a righteous judge. Protect the rights of the poor and needy.
The first protest of women against the carrying of passes, which took place in Bloemfontein in 1913 in the then Orange Free State, was a response to the above quotation. Comrade Charlotte Manye Maxeke, the cofounder of the Bantu Women's League, led this protest to speak up for the rights of people across gender and race divisions who could not speak for themselves.
This organisation organised women to defiantly burn their passes or tear them up while they shouted remarks at the policemen and provoked the authorities into arresting them. These were brave women who had had enough of triple oppression on the basis of race, class and gender. Chair, despite the elevation of women in politics, religion, the economy, government and domestic situations, there are still so many drawbacks and resistance contributing to hindering the full enjoyment by women of their human rights.
The abuse of farm workers by farmers led to the Barberton Potato Boycott of 31 May 1959. This protest was a response to the inhumane treatment of farm workers and children who were forced to dig for potatoes with their bare hands, and was in protest against child labour and the abuse of human rights. The effectiveness of the potato boycott paralysed the potato industry and drew attention to the inhumane working and living conditions of farm labourers in Bethal.
Even now, we are still witnessing the abuse of farm workers in the Western Cape at the hands of rogue farmers, who are paying their workers by using the deplorable dop system, while the DA provincial government watches in tacit approval, as these rogue elements are treasured members of the DA ... [Interjections.]
... soos byvoorbeeld in die Boland ... [... such as, for instance, in the Boland ...]
... and women are the most affected by these nefarious muscle flexes. We must still have a campaign in the Boland to make these women aware that the dop system is not the right way to receive a salary. [Applause.]
There is no dop system!
We must be like those women of 1913, 1956 and 1959, who fought fearlessly against the abuse of human rights. They never feared death. We must stand up and speak out against these horrible, abusive employers.
Dink net daaraan. Om die dop in jou le maag te sit sonder kos is verskriklik! [Applous.] [Just think about it. Putting that alcohol in your stomach without food is terrible! [Applause.]]
In an incident as recent as 7 March 2011, a grandmother was assaulted by an official of the department of social development in the Western Cape when he called her a kaffir. She works as a messenger in this department. She was pulled by her arm into the official's office and questioned about letters to be delivered outside the building. She defended herself by explaining her lines of duty and he started calling her derogatory names. This is totally unacceptable. If things like this are still happening, we are definitely far from reaching the goals of what the women of 1913 and the ANC fought for.
According to my Bible, we were all created equal, and I quote from Genesis, chapter 1, verses 26 to 28:
All men and women are created in the image of God and given dominion to rule over the creatures of the earth.
It never said all farmers or men only.
House Chair, as for the women of the ANC who laid the foundation, I am appealing that we should again lay the foundation to make sure that the remaining recognition of women's human rights in the economy, politics, religion and domestic situations are realised and increased. We do have the tools.
As we celebrate this Human Rights Day, we cannot but be conscious of the fact that every woman in South Africa, irrespective of her race, class, religion, language or political affiliation, has something in common, namely her fear and risk of being the victim of gender-related violence. Neither social status, economic empowerment nor political affiliation ensures a woman's safety. Violence against women is pervasive, systematic and knows no race, class or cultural barriers. Violence against women acts as an instrument of control over women, to maintain inequality, just as apartheid was used to control black people.
Chair, according to research, the following facts about violence against women persist: The home is the most dangerous place for women; the perpetrators of gender violence are often known to women and may be their partners, fathers, uncles, employers and acquaintances, or they may be total strangers; and most women remain in abusive relationships due to financial dependence on a partner. I know of various situations where women are still being raped and killed, when they live alone, or are elderly and are murdered by their own.
On Morning Live this morning, two young orphan girls told of how they were lured to Johannesburg with promises of a better life. Once there, they were instead shown a pornographic movie, and ordered to do the same afterwards. These are the things we will not keep quiet about until our rights and integrity are respected. [Time expired.] [Applause.]
Hon Chairperson, hon Deputy Minister and hon members, the South African Constitution contains the Bill of Rights, which is a cornerstone of democracy in South Africa. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.
This approach includes the notion that all individuals in a society accept rules imposed by a legitimate authority in exchange for security and economic advantage. The Universal Declaration of Human Rights prohibits all discrimination on one or more grounds, specifically race, gender, sex, pregnancy, marital status, ethnic or social origin, sexual orientation, age, disability, conscience, belief, culture, language and birth. This list is more extensive than the equality provisions in most human rights instruments. What is noteworthy is the distinction between gender and sex, and the inclusion of pregnancy, age and disability.
The constitutional law of South Africa declares that there will be no discrimination on whatever basis. I grew up in District Six, where I had the honour of attending St Phillips Primary School and being a member of the Eoan Group. The forced removals that laid District Six bare for so many years reinforces the remembrance and brings the scars of the removals to the fore every time I see the barren wasted land as I enter the city of Cape Town.
May there never in the future of our country be a repetition of any forced removal of any of its people from their place of birth.
Dit is my grondwetlike reg as Suid-Afrikaansgebore Wes-Kapenaar om in hierdie provinsie te woon en te werk, en dit is ook die reg van die miljoene ander mense vir wie die Wes-Kaap hul enigste tuiste is.
Die Grondwet stel dit onomwonde dat elkeen die reg het op sy taal en kultuur. Wanneer mense soos Mnr Manyi ligtelik na verwyderings verwys, besef hulle dat elke gesin en familiegroep interafhanklik is en verantwoordelik vir mekaar is? Die mense aan die Kaap van Goeiehoop het 'n eeue-oue geskiedenis, van lank voor Krotoa, tot ons wat vandag hier saam in die Huis sit om ons onderskeie gemeenskappe gesamentlik te kan verteenwoordig.
Die DA onderskryf die Grondwet van Suid-Afrika om aan elke individu die geleentheid te gun om hulself te kan ontwikkel en hulself uit te leef as gelyke, volkome, wettige burgers, en sodat elkeen se taal en kultuur die erkenning sal geniet soos in die Grondwet omskryf.
Daar is ses pilare waardeur die DA se begrip van 'n oop samelewing gerugsteun word: 'n Grondwet wat die gesag van die gereg, individuele regte, vryhede en die skeiding van magte voorop stel; deursigtigheid en verantwoorbaarheid, waarsonder 'n regering sy magte kan misbruik en die vryhede, soos in die Grondwet bepaal, in gevaar stel; veiligheid van die persoon en sy eiendom; 'n onafhanklike en vrydenkende burgerlike samelewing; 'n algemene verdraagsaamheid teenoor die verskille in die bevolking; en daarmee saam hang 'n ekonomie wat hoofsaaklik gekenmerk word deur die basiese vrye keuses van die individu.
Die DA is daartoe verbind om alle aanslae te identifiseer wat daarop gemik is om persoonlike vryhede aan bande te l, en om terselfdertyd die uitbreiding van die ruimte vir persoonlike vryheid te bevorder. (Translation of Afrikaans paragraphs follows.) [It is my constitutional right as a South African-born citizen of the Western Cape to live and work in this province, and this is also the right of the millions of other people for whom the Western Cape is their only home.
The Constitution unequivocally states that every person has the right to his or her language and culture. When people like Mr Manyi lightly refer to removals, do they realise that each family and family group is interdependent on and responsible for each other? The people from the Cape of Good Hope have an age-old history, dating back to long before Krotoa up until today where we are gathered here in the House to collectively represent our various communities.
The DA endorses the Constitution of South Africa to provide each individual with the opportunity to develop themselves and to express themselves as equal, absolute and legal citizens, and so that each one's language and culture is acknowledged as defined in the Constitution.
There are six pillars through which the DA's concept of an open society is backed up: A Constitution that prioritises the authority of the law, individual rights, freedoms and the division of powers; transparency and accountability, without which a government could misuse its powers and endanger the freedoms as stipulated in the Constitution; an individual's safety and security of his property; an independent and freethinking civil society; a general tolerance towards the differences in the population and, in accordance with this, an economy that is primarily characterised by the basic free choices of the individual.
The DA is committed to identifying all onslaughts that are aimed at impeding personal freedoms, and to promoting the opportunity to create more room for personal freedom at the same time.]
With regard to human rights, the members of the NCOP must realise that they have a major role to play in recognising any impact that new legislation submitted to them may have on the exercising of those human rights embedded in the Constitution, and which are dear to us all, regardless of our political affiliations.
Do not only look to the possibly explicit clauses which one may identify, but also, through lateral thinking processes, to those which many seem innocuous but which, at some future time, may be extrapolated as so-called principles with regard to situations for which they were not intended by the drafters of the Bills.
The process of careful examination by the NCOP and informed referrals to address perceived problem areas is a most important one, and emphasises the watchdog role of the NCOP and its responsibility to present and future citizens.
Minderheidsgroepe soos gestremdes moet 'n betrebare samelewing kan ervaar. Daar moet opnuut na die toeganklikheid van die omgewing en werkplek gekyk word om alle geriewe aan alle burgers van die Wes-Kaap beskikbaar te stel.
Die DA ondersteun die Triangle Project, wat hul daarvoor beywer om 'n algemene verdraagsaamheid teenoor die verskille in die mense se keuses ten opsigte van godsdiens, kultuur en sexuele voorkeure, te bevorder. Die DA keur ten sterkste gedrag af wat daarop gemik is om 'n individu te straf vir sy of haar reg om persoonlike keuses uit te oefen. Regte wat in die Grondwet erkenning geniet, moet ook op grondvlak daardie beskerming bied aan elke burger. (Translation of Afrikaans paragraphs follows.)
[Minority groups like the disabled must be able to experience a society that is easily accessible. The accessibility of the environment and workplace needs to be examined once again to ensure that all facilities are available to all citizens of the Western Cape.
The DA supports the Triangle Project that endeavours to promote general tolerance towards the differences in people's choices with regard to religion, culture and sexual preference. The DA strongly condemns behaviour that is aimed at punishing an individual because of his or her right to exercise personal choice. The rights that are acknowledged in the Constitution should also provide the same protection at grass-roots level to each citizen.]
Section 9(4) of the Constitution states emphatically that:
No person may unfairly discriminate directly or indirectly against anyone on one or more grounds ... National legislation must be enacted to prevent or prohibit unfair discrimination.
It is therefore necessary for the government to intervene on behalf of a minority group targeted for corrective rape.
Furthermore, Mr Chairperson, it is the constitutional duty of each citizen of South Africa to respect, protect, promote and fulfil those rights. We cannot leave it to the state alone to do that. I am therefore thankful to be part of the DA in the Western Cape that adheres unconditionally to these rights. Thank you, hon Chairperson. [Interjections.] [Applause.]
Chairperson, hon Deputy Minister, and hon members, national Human Rights Day marks a very historic annual event that cannot and may not be ignored. It does not only remind us, as citizens of South Africa, that there was a time in our history that the colour of our skin destined our fate, but also commemorates those days when the state turned its guns on its own people. A trail of blood runs through places such as Langlaagte where workers wanted rights, through Langa where children were not spared, up to Sharpeville where the majority of people were shot in the back. Unfortunately, it did not end there. We saw the killings and shootings continue through the Cape Flats and Soweto; almost no place was spared the spilling of innocent blood.
Then our new democracy came. We have the Bill of Rights, so it had to stop there. But did it? Here in the not so democratic, so-called "Republic of the Cape of Good Hope," as the hon Hartnick referred to it, there is little hope for poor and ordinary people, as the demonic alliance does not care about them. Too often the scenes of the past are still seen in the streets of Cape Town.
Chair, there is one striking resemblance between the shootings at the hand of apartheid and what we witness today. It is the party with the majority of remnants of those days. The DA is in control of this provincial government, the Western Cape, and some municipalities, and it controls the lives of people in the same high-handed manner as the late Verwoerds and Bothas. [Interjections.] Let me give you some examples of the DA's black tracks around the peninsula in the past few weeks. Chair, I am quite shocked and ashamed that the hon Hartnick can still say she is a proud member of this alliance.
In June 2010, protesting people sitting in a Makhaza road were shot at close range with rubber bullets; in July, 250 women only protected by blankets were shot for complaining about raw sewage regularly running in their streets; in September, four people of Hangberg lost an eye each in brutal shootings ...
There is a point of order.
No, it is not a point of order. I want to know, Chair, if the member will take a question.
Order, members! Hon member, are you prepared to take a question?
After the speech, Chair. Not now.
It means therefore that you are not prepared to take a question now?
Not now, Chair.
I just want to ask him if ...
No! Order, hon Watson! We have not established whether the member wants to take the question. Hon member, can you be clear; do you want to take the question?
I will take his question, Chair.
I just want to know, Chair - the hon member referred to the Verwoerds and the Bothas. Is that the same Botha that was his "Baas Botha" at one time?
No, Chair, he was his boss. The Botha that I am referring to was the hon Watson's boss.
Chair, in September, four people of Hangberg lost an eye each in brutal shootings; in November, more were shot at in Eerste River and a woman was hit four times as she tried to get away; on March 10, people in Elsies River were wounded with rubber bullets and live ammunition, and a man with disabilities, limping away, was hit twice in the back; this week a girl of four was wounded in Nyanga by a rubber bullet when law enforcement officers claimed to be clamping down on a taxi strike.
It is clear from these examples that this DA monster is devouring and hurting mostly the poor. Here in Cape Town there is a lone ranger, running his own battle, called sheriff J P Smith of this bylaw city. He is working very hard to turn the Cape into a little Monaco - a reserve for the rich and famous. The privileged are welcomed in this city, while he is waging a war on the poor with the blessings of his national leader, Madam Helen Zille.
The DA in government has created more restrictive bylaws than goodwill. There is a growing resistance to the oppressive DA. This party with its "fit for purpose" misguided principles pretends to care for poor and ordinary people. It claims it is guided by the Constitution and the rule of law. This is what it says, but what does it do? In practice, it finds itself too often in breach of the Constitution, its Bill of Rights and the rule of law.
In a number of court battles, it was found to be in breach of the Constitution and the principles embedded in our law. Here are a few examples: the Cape High Court found the provincial government's interference in the Overberg District Municipality by Premier Zille unconstitutional; in another matter, local government MEC Bredell unsuccessfully attacked a well-doer who allowed 500 homeless people to take shelter on his land in Philippi. MEC Bredell called it a dumping ground. He thinks people are rubbish, and we know his party does not like poor people coming to this province as they call them foreigners or "inkommers", strangers in their own country. A schoolgirl was kicked out of a Stellenbosch school, because they did not like her photo on Facebook, and Zille's education MEC agreed with that. When it looked bleak in the High Court, they quickly settled the matter. In the Makhaza open toilet scandal, the DA once more was taught a lesson in human rights by the SA Human Rights Commission itself ...
Hon Chair, is it parliamentary for a member of this House to refer to another member of this House by their name without their proper title? The hon member referred to hon Zille as Zille. [Interjections.]
Hon members, order! In terms of the Rules and the decorum of this House, it is expected of all of us to refer to each other as honourable. So, therefore, it would be out of order for us to refer to each other by our names. You may proceed with the debate, hon member.
Thank you, Chair. In the Makhaza open toilet scandal, the DA once more was taught a lesson in human rights by the SA Human Rights Commission itself, that found residents' constitutional dignity was impeded upon. The City of Cape Town's very own forensic report was damning of the so-called toilet with a view. The only view anybody had was of a person in a minute of vulnerability.
Hon Zille fired 13 officials of the Social Transformation Programme and the Commission for Conciliation, Mediation and Arbitration, CCMA, found it unlawful and unconstitutional. Does this only happen in Cape Town? No, it is a trend where the DA rules.
Lastly, we also saw this in Midvaal, the municipality which is the so- called flagship of DA rule. There is an investigation, because that council and some individuals stole people's houses from under them, and many more things happened there. A can of worms has been opened, and these DA worms are crawling in all directions to run away from other DA scandals.
Chair, it is common knowledge that the DA is bad news for poor people in areas ruled by that power-hungry and trigger-crazy party. Where the DA rules, people's water is cut. In some cases, not a drop reaches people's homes to ensure the basic free allocation and the constitutional right of access to water, hon Watson. Chair, people receive threatening pink letters, and it does not end there. In fact, people are evicted at an alarming rate from Hangberg to Schaapkraal. The uncaring DA wants to throw people off land. It renders people homeless without proper alternatives that see other established human rights infringed upon.
Chairperson, it is a well-known fact that homeless people also have difficulty in accessing basic services. The right to a healthy environment and health care, the right to schooling, and the right to decent living and dignity as well as the right to adequate housing all come under pressure. Children's rights also come under severe attack, but it does not end there either.
We saw how the DA in Cape Town treats poor people trying to find even casual work. Under its nuisance bylaw, it uses silly reasons to persecute those who serve the rich in leafy suburbs. Recently, the city was urged by a DA councillor to clear up the Brackenfell area of job seekers on a Saturday that looked too untidy for her liking. They were put in vans, taken away, profiled and fined. Instead of earning a meal for their families, they had to pay R100 each as an admission of guilt. The DA city acts against those earning an honest living without providing space where casual workers may find someone who needs assistance. No, they see them as a distraction to traffic, no rights and no alternatives. The DA city just clamps down without any regard for human rights or any rights.
This is the true DA, this is the DA unmasked, and this is the DA that preaches to others but indulges in the opposite, hon Hartnick. Through you, Chair, when the DA speaks about constitutionality, human rights and the coming holiday, we have to measure it by what it actually does to human beings and the bloody tracks behind where their dignity and rights are trampled on.
That is why, Chairperson, none of us can keep quiet when actions of indignity or indecency are practised towards those in society that are not able to defend themselves. The Constitution, the Freedom Charter and other documents are clear - South Africa belongs to all who live in it. The wealth of the country will be shared among all people. There will be measures in place to see that every child receives the best education. There will be shelter, sanitation, water and adequate housing and not only for the DA. That is the cornerstone on which the ANC builds its vision for generations to come. I thank you. [Applause.]
Chairperson, thank you very much. At the outset, I would like to thank all members who participated in the debate. I think what stands out very clearly in this debate is that despite the differences that we have as South Africans, the different backgrounds that we come from, the different socioeconomic circumstances that we find ourselves in, the different parties to which we belong and the different views that we have, we are slowly but surely uniting as a nation and uniting around important pillars of our society such as our Constitution.
Of course, we are a vibrant and a democratic society, and therefore we will have robust debates. I think in conducting those robust debates it's always important for us to do so in a manner that is respectful both of each other and the truth. Therefore, I would like to thank those members, starting with the hon Zulu, who highlighted the need to respect our institutions, cultures and diversity.
I would also like to thank the hon Nzimande for highlighting the importance of national unity, tolerance and the respect for human dignity. I would like to thank the hon Priscilla Themba for her sober and balanced intervention in this debate that recognised both the progress that we have made as well as the tremendous challenges that still remain, especially for vulnerable groups, such as farm workers and in particular for highlighting the position of women on the issue of gender-based violence.
I would also like to thank the hon Adams for a very robust intervention that speaks for itself and also hon Hartnick for referring to our painful past - a painful past very close to our hearts, the forced removals that took place in District Six. I also want to make an appeal, as we go about the business of governance in the Western Cape, to remember that history, and to make sure that the past is not inflicted on people in the present.
Lastly, I just want to say that what makes our Constitution such a special and a unique document is that it's a document that emanates from the lived experience of the majority of South Africans. When we met in the Constitutional Assembly, we brought the experience of our whole society together. We made sure that the Constitution-writing process was as open, transparent, democratic and participative as possible.
The committees of the Constitutional Assembly received thousands and thousands of submissions from all over South Africa. The Theme Committees of the Constitutional Assembly went across the length and the breadth of the country in the same spirit that characterised the process leading up to the Congress of the People where the Freedom Charter was adopted. So, therefore we find in our Constitution a reflection of the deepest desires and aspirations of the South African people - a reflection of what the real needs are. That is why values such as dignity and why rights such as basic socioeconomic rights to health, education and water find expression in our Constitution.
Our Constitution is a transformative document; it's a revolutionary document, because it seeks to change - just to create - the legal framework for society, to change from what it was to what it is and to what it must still become. Therefore, it is not enough for us to create opportunities, be they open or closed.
It is not enough to say that we are opening opportunities but that we are closing reality. The opportunities that we open must be followed through with concrete action - the action that is mandated by our Constitution to make sure that those rights are not just possibilities but that they become realities.
So, in conclusion I should also thank the hon Dennis Bloem for his intervention. Indeed it is a fundamental right to be able to live in dignity - I think he would agree with me that his current home is not a place of dignity. [Laughter.] Maybe it's time to look for a new-old home where dignity will indeed reign. [Interjections.]
Hon Bloem, please respect the conclusion of the debate by the Deputy Minister.
On that note I just want to reiterate the appeal that I made to all members to please attend the Human Rights Day celebration in Cape Town, on Monday, and to encourage your constituencies to do so as well. Thank you. [Applause.] Debate concluded.