Deputy Chairperson, hon members, ladies and gentlemen, thank you for the opportunity to participate in the Freedom Day debate in the NCOP on the eve of our 18th Freedom Day celebrations. We all become extremely emotional when we recall the events of that historic day, 27 April 1994, when former President Mandela cast the first vote in a free, united, democratic, nonracial, nonsexist and prosperous South Africa. We recall the dignity and expressions of joy on the faces of the millions of South Africans who patiently waited their turn in the long voting queues for that defining moment when we collectively exercised our fundamental right to determine our common destiny.
This national day also gives us an opportunity to pay tribute to the heroes and heroines who fearlessly sacrificed in pursuit of a free and democratic South Africa. We remember the prisoners and detainees who suffered greatly within the confines of torturous prison walls, and our brothers and sisters who were banished from the land of their birth and exiled from their loved ones. We salute these men and women, past and present, for it is through their selfless struggle that South Africans enjoy the benefits of a constitutional democracy.
Eighteen years later we must also reflect on the gains we have made and be mindful of the journey that still lies ahead in strengthening our democratic nation. As former President Nelson Mandela reminded us on 27 April 1995, on the occasion of the first year of celebrating our hard-won freedom:
We have learnt, over the first years of freedom, that there is no short- cut to making South Africa the country of our dreams.
It requires hard work by those entrusted with positions of responsibility in government.
It demands that workers and employers work together to produce efficiently and compete with the best in the world, to achieve equity and to help create more jobs.
It requires hard work on the part of farmers and farm workers, to feed the nation and provide raw materials, even in the face of adversity.
It requires hard work by students and teachers to build a literate, skilled and learned nation.
It requires greater exertion by our sportspersons and artists to always offer the best for the country and its people.
It demands of all of us, wherever we may be, to exercise our rights as citizens; and do so without infringing on the rights of others.
South Africa is firmly set on the road to peace and prosperity. In the spirit of Masakhane we must, as a nation, strive to do better, and even better, all the time.
The theme for today's debate is "Working together to build unity and prosperity for all". Freedom Day gives us the opportunity to give effect and meaning to the preamble of our Constitution by, among other actions, honouring those who suffered for justice and freedom in our land, respecting those who have worked to build and develop our country and believing that South Africa belongs to all of us who live in it, united in our diversity.
The motto of the South African coat of arms so succinctly captures what bind us together as a nation: "!ke e:/ xarra // ke" is written in the San language of the /Xam people and the literal meaning is "diverse people unite". It addresses each individual effort to harness the unity between thought and action. On a collective scale it calls for the nation to unite in a shared sense of belonging and pride.
As we celebrate Freedom Day, it is necessary to reflect on the history that made our constitutional democracy a reality. We should take pride in our national anthem, our national flag, our national coat of arms, our national orders and our national symbols, as they are all intertwined and linked. Each has its own rich and unique story and place in the history of South Africa.
The national orders, the highest awards that the country, through its President, bestows on its citizens and eminent foreign nationals, range from the Order of Mapungubwe, awarded for excellence and exceptional achievement, to the Order of Luthuli, awarded to South Africans who have made a meaningful contribution to the struggle for democracy, human rights, nation-building, justice and peace, and conflict resolution. As we celebrate Freedom Day, the President will also recognise and honour people who have made and are making a contribution to the rebirth of our country.
As hon members are aware, more than 500 persons who played a role in the struggle for freedom went missing and were reported to the Truth and Reconciliation Commission, TRC, as being unaccounted for. The burning memory of lost loved ones is a painful and necessary reminder of why Freedom Day is so important. A special missing persons task force has been established under the auspices of the National Prosecuting Authority to attend to the tracing, exhumation and reburial of such persons. The investigations have already led to the discovery and reburial of the remains of 53 missing persons. The forensic examination and identification of a further 24 missing persons are also in progress.
Most recently, on 3 April 2012, Minister Radebe addressed the cleansing ceremony and spiritual repatriation of Oupa Ronald Madondo. Oupa Madondo was recruited into the ANC in the early 1970s, where he was known as MK Scorpion. In July 1979, he was detained under the Terrorism Act and later released after being severely assaulted and tortured. During that same year he was shot dead by the security police and his mortal remains were blown apart in the middle of the Jozini Dam by a bomb attached to his body.
Minister Radebe reminded the community that during that same year yet another young soul lost his life, namely Solomon Mahlangu, whose words continued to ring as an inspiration to many other freedom fighters when he declared that his blood would nourish the tree that would bear the fruit of freedom. Countless others lost their lives in the struggle against apartheid, which left the chairperson of the TRC, Archbishop Emeritus Desmond Tutu, and many others in tears at the brutality revealed in some of the confessions.
In our 18th year of freedom, we have made steady progress towards achieving peace and prosperity, as President Jacob Zuma said at the 17th Freedom Day celebration last year:
We are proud of the substantial progress we have made together since 1994. In comparison to many countries that have deteriorated after liberation, we have done exceptionally well, against all odds, in only 17 years.
At the national Human Rights Day celebration, held in Kliptown, Soweto, the President elaborated further on this journey of freedom since 1994:
To give meaning to our freedom and to implement the provisions of the Constitution, from 1994, the democratic government immediately focused on building a new nonracial, nonsexist, democratic and prosperous society.
During the first 10 years of democracy, Parliament approved 789 laws or amendments to eliminate institutionalised racism from our Statute Book. The democratisation of the three arms of the state - the executive, judiciary and legislature - began. The Chapter 9 institutions were established to strengthen and protect constitutional democracy and human rights.
To give effect to socioeconomic rights, government, working with the people, has over the years expanded the delivery of social services. Since 1994, the national housing programme has delivered 2,8 million houses. This has provided shelter to 13,5 million people, making the programme one of the world's largest subsidised housing programmes. By December 2011, we had provided 87% of rural households with water and 75% with access to sanitation.
The Constitution specifically mentions social security as a human right. Government provides social grants to about 15 million people, mainly vulnerable groups such as children, older persons above the age of 60 and people with disabilities. Access to education is being broadened through extending no-fee schools, enabling 8 million children to obtain a free education, and also through the conversion of tertiary institution loans into bursaries for qualifying students.
With regard to health, among many improvements a total of 29 hospitals in rural and urban areas are under construction, while 17 others are in the planning and design stages. In the long term, the National Health Insurance system will improve our health care, especially for the poor.
Over 231 000 households gained access to water between 2009 and 2011. Almost 82% of households are now connected to the main electricity supply.
We have indeed done well in a short space of time. However, we are aware that as more people gain access to these socioeconomic rights many more still live in hardship, due to centuries of neglect. One of the challenges that we still face is to ensure that freedom must also mean freedom from violence against women and children in all its forms, racism, xenophobia, hate speech and discrimination against persons on the basis of their gender or sexual orientation. Government is committed to eradicating this scourge by working together with all in society, because an injury to one is indeed an injury to all. Government condemns in the strongest terms the recent spate of violence of a sexual nature against children and persons with disabilities, some of which was allegedly committed by children and young adults.
Government has established a comprehensive legal framework through a number of legislative amendments to ensure that all role-players in the criminal justice system have the necessary legislative framework within which to investigate, prosecute, sentence and rehabilitate sexual offenders. The National Prosecuting Authority, NPA, has a specialised directorate in the Sexual Offences and Community Affairs Unit, which supports the prosecution of cases involving mainly women and children with a view to, among other goals, improving the conviction rate in gender-based violent crimes and reducing secondary victimisation.
The 30 Thuthuzela Care Centres, which provide multidisciplinary services to victims of sexual offences, are making a positive impact in the conviction rate and the roll-out of such centres is continuing. It is the intention to establish a further five Thuthuzela Care Centres by the end of the current financial year, bringing the total to 35. In the past year, Thuthuzela Care Centres have attended to no fewer than 28 000 victims of sexual offences. However, it is only through working together that we will be able to be in a position to successfully address this shameful scourge.
In a few days' time, on 8 May 2012, we will also celebrate the 16th anniversary of the adoption of the Constitution of the Republic of South Africa here in this very parliamentary precinct where the new Constitution was adopted by the Constitutional Assembly. The Constitution created a new fundamental legal order based on the principle of constitutional supremacy, in which all branches of government are bound by a Constitution that includes a Bill of Rights designed not only to end centuries of abuse of human rights but also to promote those rights. One of the pillars on which our constitutional democracy rests is the separation of powers between the legislature, the executive and the judiciary. This separation ensures that each branch of government does not exceed its constitutionally assigned authority. A well-developed system of checks and balances forms part of the Constitution. These include judicial review, legislative oversight over the executive and a number of independent, specialised institutions established by the Constitution to strengthen constitutional democracy.
The transition from apartheid to constitutional democracy has produced an exciting and vibrant response to the development of a human rights culture in South Africa. South Africa is party to major international and regional human rights treaties and is therefore bound by its obligations to respect human rights. Upon reflection on the provisions contained in these international agreements on human rights and taking into account the prerequisites for good governance and a constitutional democracy, we are unanimous in our view that our Constitution not only meets these prerequisites but transcends the parameters set out in these instruments.
The Constitution holds the promise of respect for human rights, freedom, equality and social justice. We know that there can never be full enjoyment of freedom and liberation by South Africa's people if the majority of her sons and daughters remain trapped in the social evils of inequality, poverty and unemployment. As we steadily move forward towards South Africa's 19th year of freedom, the responsibility rests with us to unite in action and to effect social change for the betterment of our people. We must rededicate and recommit our collective efforts to the constitutional goals we have set ourselves. To make this a reality, there rests a duty on the hundreds of thousands of public servants to commit to going the extra mile and improving service delivery to all the people of South Africa.
In conclusion, the government reaffirms its commitment to consolidating democracy and promoting cultural diversity and social cohesion in South Africa. As we celebrate living in a system that guarantees humanity, never again will humanity be taken away from any South African, irrespective of race, gender, creed or sexual orientation. The government is investing in infrastructure to develop the country while creating jobs and fighting poverty at the same time. The government is commemorating all the heroes and heroines and the role played by ordinary citizens in the country and abroad and calls upon on all South Africans to unite in creating a better future for all. Nation-building requires all South Africans to live by example, ensuring that the values and principles enshrined in the Constitution become a living reality in the development of fully functional communities.
As we celebrate the Bill of Rights, which distinguishes us from other nations of the world and guarantees all South Africans freedom from the repression and hatred that characterised our past, we have a responsibility to ensure that our democracy and freedom is maintained and strengthened for future generations. Nkosi Sikelel'iAfrika, God sen Suid-Afrika, Morena boloka setjhaba sa Heso, God bless South Africa. [Applause.]
Ngiyathokoza Sekela Sihlalo, ngithokoze namaLunga ahloniphekileko weNdlu, neenthunywa ezikhethekileko, nomhlonitjhwa iSekela lakaNgqongqotjhe wezoBulungisa nokuThuthukiswa komThethosisekelo, bomma nabo baba. (Translation of isiNdebele paragraph follows.)
[Ms M G BOROTO: Thank you, Deputy Chairperson, and thank you, hon members of the House, distinguished guests, hon Deputy Minister of Justice and Constitutional Development, ladies and gentlemen.]
I am standing here feeling very honoured and privileged indeed to be taking part in this very significant debate in which we commemorate the 18th anniversary of the freedom of our country.
Umntwana nakakhulako ngendlini, nakaba neminyaka elitjhumi nobunane, siba nokuqala ngapha nangapha siqalisise bona umntwana lo usiphathele ini. Lokho sikwenza ngombana sazi bonyana umntwana nakafika kileyominyaka sekakhombisa bonyana uzokuba umuntu onjani. Siyamqala begodu sibe nethemba, sibone nengomuso elihle, sifune ukubona bonyana uyakuphi nepilo. Bese simsize bona afike lapho afuna ukufika khona. (Translation of isiNdebele paragraph follows.)
[When a child grows up at home and reaches 18 years of age, we start to wonder what he is going to do for us. We do that because normally we know that when the child reaches that age he will show us what kind of person he will be. When we look at him we normally see hope and a bright future. We also see where he is headed in life and assist him to reach his destination.]
Deputy Chairperson, this year's Freedom Day and the theme we have chosen for our debate, namely "Working together to build unity and prosperity for all", are made even more relevant because they coincide with our movement's declaration of this year as the year of unity in diversity. It is the year in which, on 8 January 2012, we celebrated 100 years of our illustrious movement. We say this because unity and diversity are the two most important fundamental impulses of the ANC and our struggle for freedom.
The theme that we have chosen for our debate reaffirms our commitment to break with our tragic and divided past. It reasserts the pledge and solemn undertaking we made after the demise of apartheid rule. When we came to power in 1994, we pledged that we would work tirelessly with all our people to break the discord of our divided past and build a united, democratic, nonracial, nonsexist and prosperous society. Allow me, Deputy Chair, to take this moment to pay tribute to the selfless efforts of the many heroes and heroines and millions of ordinary South Africans who, day in and day out, resisted the oppression and fought tirelessly for freedom and democracy in our land. We are truly grateful for their sacrifice and contribution to the struggle for liberation. It is through their tireless efforts that we convene today to celebrate our freedom and narrate the profound story of our nation's progress from the bondage of oppression to the path of democracy, racial justice and freedom.
As the ANC, we rise today with great humility and the utmost appreciation for the role that the forebears in our movement played in the fight for liberation in our country. We acknowledge the brutalities of our tragic past - the detentions without trial, the disappearance of our people, deaths in detention, the hanging of those opposed to apartheid rule, imprisonment without trial, massacres of innocent people, forced removals, banishment, the Group Areas Act and many more laws that made the lives of black people unbearable - and give testimony that our freedom did not come free.
Ever since the ANC was founded in 1912, it has dedicated itself to the historic mission of uniting our people in the struggle for liberation. As the ANC today, we remain committed to these ideals and we are resolute in our resolve to unite our people and ensure a prosperous South Africa.
The great son of Africa and a veteran of our fight for freedom, former President Nelson Rolihlahla Mandela, once challenged all of us to work tirelessly when he said:
... we shall build a society in which all South Africans, both black and white, will be able to walk tall, without any fear in their hearts, assured of their inalienable right to human dignity - a rainbow nation at peace with itself and the world.
Former President Nelson Mandela challenged all of us to never again let this beautiful country of ours "suffer the indignity of being the skunk of the world".
To many of us and millions of our people, this momentous day of the dawn of freedom in our land, 27 April, came as a great beacon of hope. The commemoration of Freedom Day always brings with it the opportunity to recommit and rededicate ourselves to the ideals of freedom and democracy. The day gives us the opportunity to rise up and live out the true meaning of the creed laid out in our Constitution and the civil liberties that it guarantees our people.
This day calls upon all of us to ensure that in our daily deeds and words we become advocates of hope, prosperity, freedom and respect for each other's rights. It reminds all of us as leaders of our people that we have an even greater duty and responsibility to preach a message of hope to our people that this nation we have today shall never regress to the dreaded days of apartheid. We must show our people that this great nation of ours has chosen hope over fear and unity of purpose over conflict and discord. This day calls upon all of us to continue inculcating in our people a belief in the justice and dignity that our Constitution accords them.
It is tragic that almost 18 years into our democracy some of our people continue to endure the dehumanisation associated with the apartheid era. They are regarded as lesser human beings and are even called "refugees" in their country of birth. It is our clarion call to all South Africans to refuse to be in the company of those who use divisive language and the words that served to characterise our people during the dark days of apartheid. We should speak out against such individuals, regardless of their position in society. We must rise without any hesitation to condemn their shameful words, deeds and intentions, which are divisive, backward and narrow-minded. We cannot allow racism or racist attitudes to prevail in our society and communities. We must therefore work harder to defeat elements of racism, sexism, homophobia and xenophobia.
The challenges facing our people are multiple and complex but we remain determined to build a prosperous South Africa. We have moved with the utmost speed to dismantle the laws that created the foundation for the neglect and isolation of our people in the country of their birth. We have expanded access to education, health care and other inalienable rights guaranteed by our Constitution. We are on the path to building a better quality of life for all and ensuring that our nation continues to prosper.
We are aware that some of our people still face poverty, have no access to basic services and are unemployed. But steadily, as I said when I started, umntwana okhulako ufunda kophambili abone bona kwenziwa njani [a growing child is learning from the old ones to see how things are done].
The dark clouds of despair are clearing.
Isokana naliba neminyaka elitjhumi nabunane sithoma ukubona bona lizokusiza njani ngekhaya nasifuna isizo. Lokho kuyakhombisa bona akuzenzakaleli bonyana nasiba neminyaka elitjhumi nabunane sikhula njalo sinethemba sibe sigidinga ukufikelela eminyakeni elikhulu. (Translation of isiNdebele paragraph follows.)
[When a boy reaches 18 years of age, we start to notice how the boy is going to assist us at home when we need assistance from him. That shows that it does not just happen out of nowhere that we reach 18 years of age; we always grow up having hopes until we reach 100 years of age and celebrate.]
We have bled from a thousand wounds in progressing towards our country's healing. We are a nation at work, building a better life for all our people. [Time expired.] [Applause.]
Deputy Speaker, Madam Chair, and all protocol observed, Freedom Day is an annual celebration of South Africa's first nonracial, democratic elections of 1994. Peace, unity and the preservation and restoration of human dignity are the hallmarks of Freedom Day celebrations on 27 April each year. In the spirit of building a South Africa that belongs to all, Freedom Day celebrations are intended to unite all South Africans in consolidating our country's democracy.
The road to democracy was a long and difficult one. All people of colour were denied the vote and hence a say in the running of the country. South Africa was never truly independent or democratic. The exclusion of the majority of South Africans from political power was at the centre of the liberation struggle and resistance to white minority rule. Blacks were systematically herded into restricted areas and homelands, and their right to equal opportunity was denied. [Interjections.]
It is a fact that South Africa belongs to all who live in it - black and white. Blacks and whites fought for this liberation, this freedom. The Soweto uprising of 1976 saw increased militancy - I am proud to say I was one of the participants. Even the church could no longer stand by silently but added its voice to the liberation struggle. The state of emergency failed in an attempt to suppress the freedom movement. By 1998, a stalemate had been reached.
What next? That was the question we had to ask ourselves. The government began looking for a way out. As a result, negotiations with the ANC leadership started. The ANC, SACP, PAC and other organisations were unbanned on 2 February 1990. The winds of change were blowing in the sky of Africa. A nonracial Constitution was eventually agreed upon and adopted in 1993. The new Constitution came into effect on 27 April 1994 - the day the nation cast its vote in the first democratic elections in the country. Nelson Rolihlahla Mandela was inaugurated as the President of South Africa on 10 May 1994.
Tomorrow our country will be celebrating Freedom Day to mark the liberation of our country and its people from a long period of colonialism and white minority domination. Freedom Day is a day for all South Africans. When South Africa was liberated, both the oppressor and the oppressed were liberated. Today we proudly say, "one nation, one future".
Een nasie, een toekoms. [One nation, one future.]
It is therefore imperative for South Africans of diverse political and economic backgrounds to work together towards a common objective. On Freedom Day, we celebrate the relentless efforts of those who fought for liberation, the heroes and heroines who took up arms and courted imprisonment, banning and torture on behalf of the oppressed masses.
One is tempted to ask the question: Are we really free, when our people remain poor and unemployed and display unwarranted violence due to poor service delivery? On Freedom Day, we remind ourselves to defend our Constitution. We need to ensure that all our people enjoy the fruit of these freedoms, not merely as theoretical rights but as part of the daily life experience of all South Africans. Freedom should mean emancipation from poverty, unemployment, racism, sexism and other forms of discrimination, but poverty continues to exist for many black people, women, children, the disabled and the elderly.
We need to continue to work together to eradicate poverty, racial inequalities and socioeconomic disparities. Freedom Day means something very valuable - it is the necessary condition for us all to achieve the vital and fundamental objective of a better life for all.
I would like to conclude by saying, Harambe!, which means to work together and pull together, in one line, peacefully and harmoniously. Khanimambo. [Thank you.] [Applause.]
THE DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon members, I plead with you that we should not interject when someone is speaking. Let us give each other time to express ourselves without interjections, please, irrespective of affiliation. Veteran, you should set an exemple.
Deputy Chairperson, hon Deputy Minister of Justice and Constitutional Development, hon members and special delegates, Freedom Day marks a founding moment in our country's history, when all South Africans were for the first time afforded the opportunity to vote and elect a government of their choice. In our context freedom should not only mean the ability to exercise the democratic right to vote but also the emancipation from the triple challenge of poverty, unemployment and inequality, as well as racism, sexism and other forms of discrimination.
Yet, this day also marks an important opportunity to reflect on the road travelled and the many successes we have attained in expanding services and opportunities to millions more of our people. Many people who did not have opportunities before now enjoy the benefits of freedom. Equal access to opportunities is a critical indicator on the freedom barometer, if we had such a thing. Therefore we cannot rest for as long as challenges remain that prevent all South Africans from enjoying their freedom - being free from poverty, inequality and discrimination. Indeed, these challenges remain key enemies to our collective goals.
This year's theme, "Working together to build unity and prosperity for all", highlights the fact that all sectors of society need to play an active role in realising our freedom, which will ultimately lead to unity and prosperity for all. In terms of the manifestation of inequality at local government level, our transformation from a society rooted in discrimination and disparity to a constitutional democracy posed, and continues to pose, particularly profound challenges. It is here that acute imbalances in personal wealth, physical infrastructure and the provision of services were and are often most obvious. The establishment of nonracial municipalities did not eliminate the disparities of the past. Thus, local government is the key site of delivery and development and is central to the entire transformation project of the new South Africa.
However, South Africans also have an obligation to be actively involved in the programmes of local government through public participation processes, such as the development of integrated development plans and ward committees. These are but some of the avenues for ensuring that citizens work together with councillors and local government to build prosperity for all.
Local economic development, LED, is a vital component of addressing, in innovative local ways, the triple challenge of poverty, unemployment and inequality. It empowers local initiative to ensure that local solutions are found for local problems. The Expanded Public Works Programme and community works programme are also important in achieving these goals - as are LED networks that identify, document and disseminate good LED practices by creating a forum to exchange knowledge and successful LED practices. Tourism remains a key driver of LED and the potential of this sector needs to be fully explored. The potential for LED to alleviate poverty and build prosperity for local people must be harnessed and has never been more important.
Local government has thus been given a very broad and challenging set of responsibilities. Effective performance against these expectations can only be met with coherent and co-ordinated support from national and provincial government, organs of state and civil society. The strengthening of co- operative governance and intergovernmental relations is therefore critically important. Enhanced co-operation and unity of action from national, provincial and local government will enable government to meet the needs of South Africans more effectively and to build the prosperity we so desire. It is therefore vitally important that we accelerate our efforts to tackle the constraints hampering effective co-operative governance.
In conclusion, Freedom Day serves as a reminder to us that the attainment of our collective freedom requires us to continually work together to eliminate the triple challenges of poverty, unemployment and inequality, for it is only once these are eliminated and all South Africans enjoy a prosperous life that true freedom for all will be achieved.
We are committed to working with our partners in government, civil society and, most importantly, our citizens to ensure that this goal becomes a reality. It may be a long walk, but the sacrifices of so many people remind us that we dare not fail. Baie dankie. [Thank you.] [Applause.]
Deputy Chairperson, hon Deputy Ministers who are here, hon members and the people who are listening to us, allow me to say that tomorrow we will be 18 years into a new democracy. When we look back - and I agree with the President when he said this in this House the other day - we, as South Africans, will realise that we have achieved a lot. We are the only country in Africa that can stand up and say, "This is what we have achieved."
However, there is a big challenge in our country. Coming up to Freedom Day, we need to be honest with ourselves. Yes, we can solve our problems and we are on our way, but the challenge is so big that it takes a long time to overcome. The wheels are turning so slowly that some of our people are perishing before reaping the fruits of this freedom.
I want to plead with this government to show commitment. I would like to ask government one thing, and this thing is written in the Word of God, in the book of Ecclesiastes. According to Ecclesiastes, there was a big city that a certain king wanted to destroy. There was a poor old man who, through his wisdom, protected and saved that city but no one remembered that poor old man. All I want to say to my colleagues and everybody gathered here is that we should celebrate tomorrow and remind ourselves that there are poor people out there who need us. The youth out there need to be educated. The inequality in this country really is something we need to tackle with both hands and feet and everything we have in order to achieve the goal we so desire.
Allow me to conclude by saying that the Northern Cape is not a poor province. It is very rich in minerals - but some of the poorest people are found in that province. Why? Because of this inequality! We need economic freedom in the Northern Cape and throughout this country for our people to enjoy real freedom. [Applause.]
Deputy Chair, hon Ministers present here, hon members, I appreciate the opportunity to participate in the debate on national Freedom Day, which the country will be celebrating tomorrow, 27 April 2012. On this day our freedom will be 18 years old. Our freedom is in its teenage years, an age category in which proper monitoring and guidance is needed to sustain our constitutional democracy.
This is a significant day of reflection and celebration for all the people of South Africa and our friends across Africa and the world. On this day we celebrate the attainment of freedom, democracy, national reconciliation, unity and the restoration of human dignity. We celebrate a Freedom Day that brought us, black and white, together across the racial divide. We are celebrating freedom and democracy obtained through the blood, sweat, tears and sacrifices of scores of freedom fighters, ordinary South Africans and freedom-loving people in Africa and the world. On each Freedom Day, we remember that scores of South Africans laid down their lives so that we could be free.
We are proud of the substantial progress we have made together since 1994. In comparison to many countries that have deteriorated after liberation, we have done exceptionally well, against all odds, in only 18 years. We have established a solid, sound, stable and functional constitutional democracy.
Our task at the moment is to make sure that the gains we have made since 1994 translate into the economic betterment of our people's lives. To broaden economic empowerment to reach the masses of our people, we encourage various forms of collective ownership of the economy, such as employee shareholding schemes, co-operatives and public ownership.
We know that many more South Africans still need water, electricity, sanitation, jobs and other basic necessities. That is why we must continue working together to expand access to services and reverse the legacy of apartheid and colonial oppression.
When we celebrate our achievements and ponder the work that must still be done, we must never forget the huge sacrifices that were made for our freedom. Many South Africans laid down their lives so that we could be free. We should never allow ourselves to lose sight of the value of our freedom. All South Africans, black and white, must continue to work together to deepen the reconciliation and unity of the rainbow nation, as encapsulated by the theme for this year, 2012, which is "Working together to build unity and prosperity for all".
We must recognise that South Africa is a country blessed with massive mineral wealth, which could provide resources for a flourishing society. But thanks to apartheid's rapaciousness, there is a legacy of immense poverty and deprivation for the majority of the people. In dealing with this matter, the ANC-led government chose to implement an economic policy that has been successful in introducing macroeconomic stability and, until recently, low inflation, a balanced budget and a sound economic framework.
The government had no illusions about the fact that the political freedom that we attained in 1994 would be meaningless without the economic freedom of the majority of South Africans who were subjected to all forms of deprivation and poverty. Our economic policies have created a good grounding for business to flourish in the South African market but besides the cushion that most South Africans enjoy against poverty occasioned by the social security net, a lot still has to be done to empower our people economically.
Unemployment, poverty and underdevelopment are still challenges that government must confront, especially unemployment among the youth of our country, but linked to this is the need to re-examine what freedom means from the perspective of our social transformation agenda. This matter calls upon us to create a society that is the embodiment of social virtues that serve as examples to our young children, and there is the concomitant responsibility to cultivate a culture of respect for human dignity among our children.
Our moral regeneration programme cannot be more relevant than at the present time, when we are seeing a prevalence of social ills that is unprecedented in our history. The story of the teenage girl allegedly being raped by a group of young boys and the video thereof being posted on the social communication networks is a departure from the norms and standards of a good society; the kind of society we are attempting to build. This matter embodies an utter disrespect for the rule of law and is a setback for our campaigns against gender-based violence and oppression. This kind of behaviour must be uprooted in all its forms and manifestations. Our children cannot enjoy freedom under circumstances like these and it is increasingly becoming a cause for concern that the social communication media are contributing towards a culture of moral degeneration. I base this on the reported incidence of date rape, the posting of messages that border on immorality and the posting of pictures and videos that explicitly reveal sex, and the fact that there appears to be no regulation or limit to access of what is posted on the likes of Twitter, Facebook and others. Our freedom cannot find practical expression under these circumstances and we call on our youth to desist from engaging in practices that can only harm their future and consequently the future of our country as a whole. A happy Freedom Day to all of you. [Applause.]
Chairperson, Ministers and hon members, in 1994 the father of our nation, Nelson Mandela, declared to the world: "Let freedom reign. The sun shall never set on so glorious a human achievement." We celebrated that "glorious human achievement" with him and we were determined that the sun would never set on that achievement. That was a time of belief for all of us. It was a time to look forward and to be proud. The whole world looked at us in amazement. Regrettably, in the lifetime of our great and iconic leader, the enhancement of the freedom of others has receded into the background. Our glorious human achievement has been sullied by legislation taking us back to where we were coming from. [Interjections.]
In recent days we witnessed how government spokespersons savaged Reuel Khoza for his warning that although South Africa is widely recognised for its liberal and enlightening Constitution, we are observing the emergence of a strange breed of leaders who undermine the rule of law and override the Constitution. Mr Khoza further warned that South Africa was fast losing the checks and balances provided by the Constitution. [Interjections.]
Over the past few years we have seen the dismantling of the Scorpions and the strenuous attempt by government not to include a public defence clause in the Protection of State Information Bill. We have seen government lose many court actions and we have heard Deputy Ministers and others criticising the Constitution. Government's reaction to losing in the courts has always been predictable. It has tried to intimidate the judiciary by suddenly proposing a review. [Interjections.]
The struggle for liberation, which ended in a grand triumph in 1994, unfortunately needs to be revived. We need to mobilise our people once again and stand in defence of our Constitution against the so-called ...
Deputy Chair, I am rising on a point of order: The speaker refers to the review of the Constitutional Court as something that comes from the air. It comes from the Constitution. It should not be compared to something that is plucked from the air.
I don't understand the point of order. The Constitution is part of ... [Interjections.]
The point of order is that the speaker is being misleading. He is misleading this House by giving them wrong information. The review of the Constitution is a mandate that we get from our country's Constitution of 1996. [Interjections.]
I hope my allocated speaking time will be protected.
Members of this House must understand the need to protect the great legacy of those who made great sacrifices so that we can be free today. If we do not act in defence of our Constitution, our children will hold us responsible. Many politicians are also intimidated because the security institutions of the state appear to be misused to achieve political ends. Politicians do not speak their minds. They must simply toe the line.
On this Freedom Day, let us take stock of where we are coming from and where we are going. Let us be determined to protect the constitutional freedom that we have, so that our children can continue to enjoy the day that we are celebrating tomorrow.
Deputy Chair, Deputy Ministers and hon members, I am honoured to address our nation on the eve of the historic day of 27 April, the day that echoes the triumph of freedom over oppression and, yes, even the triumph of good over evil. I am equally honoured to debate and celebrate this important day on our national calendar in the city that saw the arrival of the first colonisers of our country in 1652, which is the Cape of Good Hope, as it used to be called by the colonisers.
It is here in this beautiful land of our forefathers where the struggle for liberation was fought by generations of heroes and heroines - fearless cadres, brave students, determined workers and powerful men and women who were convinced that it was their mission to bring us our freedom. Fear of death would not stop them. This movement gained strength as new generations joined them. Their only purpose was that the next generation would live to taste the fruits of freedom. For this reason martyrs like Solomon Kalushi Mahlangu, when he was facing the gallows, bade farewell to the nation with these words: "Tell my people that I love them ... and my blood shall water the tree of liberty and freedom."
On this special day we should celebrate our maturing constitutional democracy whose seed we planted on 27 April 1994. This nation has indeed trudged a tortuous journey from a divided, embittered past to a democratic society based on equality, equity, dignity and respect for human rights.
It is important to recall some of the events prior to the adoption of our universally envied Constitution. Despite the signing of the National Peace Accord in September 1991, increasing levels of political violence almost derailed the negotiations on a number of occasions. To credit the politicians involved, they stuck to the process. You will remember that the now defunct National Party government's efforts to negotiate a solution were sanctioned by the overwhelming support it obtained in a lily-white referendum on political change held in March 1992, while the ANC's efforts were boosted from time to time by campaigns of rolling mass action.
The all-party negotiations formally began with the convening of the Convention for a Democratic South Africa, Codesa, on 20 December 1991 and ended two agonising years later, with the adoption of the interim Constitution by the tricameral Parliament on 22 December 1993.
At Codesa, the parties agreed on a two-stage transition, which the Constitutional Court succinctly described as follows:
Instead of an outright transmission of power from the old order to the new, there would be a programmed two-stage transition. An interim government, established and functioning under an interim constitution agreed to by the negotiating parties, would govern the country on a coalition basis while a final constitution was being drafted. A national legislature, elected (directly or indirectly) by universal adult suffrage, would double as the constitution-making body and would draft the new constitution within a given time.
To cut a long story short, we now know that the interim Constitution was formally adopted as an Act of the predemocratic tricameral Parliament, ensuring the legal continuity of the South African state. After the 1994 elections, the new Parliament and a Government of National Unity were established and began to function in accordance with the interim Constitution, which came into force on 27 April 1994.
The interim Constitution was a transitional constitution. One of its principal purposes was to set out the procedures and modalities for the negotiations and drafting of a final constitution. Once the 1996 Constitution was adopted, the interim Constitution was repealed and it fell away.
We need to remind ourselves of these important historical events in our country as we celebrate 18 years of freedom in our lifetime during the ANC's centenary year. In fact, the 1996 Constitution completed South Africa's constitutional revolution. Whereas the interim Constitution was not the product of a democratically elected body, the 1996 Constitution was drafted and adopted by an elected Constitutional Assembly. The Constitutional Assembly was, in effect, the Parliament that had been elected in the 1994 elections, under a different name. According to section 68(1) of the interim Constitution, the Constitutional Assembly consisted of the National Assembly and the Senate, sitting jointly. The final text of the Constitution had to be adopted by a two-thirds majority of the Assembly. In the final analysis, the actual majority voting in favour of the Constitution was 86%. We now also know that the Constitutional Assembly made concerted efforts to involve the public in the constitution-writing exercise and to avoid the charge that had been levelled at the interim Constitution, namely that it was an "elite pact".
I am aware that the appropriate theme under which we are celebrating this Freedom Day, namely "Working together to build unity and prosperity for all", urges us to remember the basic principles that underlie the constitutional order. These are constitutionalism, the rule of law, democracy and accountability, the separation of powers with checks and balances, co-operative governance and the devolution of power. Some of the principles are expressly entrenched in the text of the Constitution, particularly in section 1, which lists, inter alia, human dignity, equality and the advancement of human rights and freedoms, nonracialism and nonsexism, democracy, supremacy of the Constitution and the rule of law as the values on which the state is founded. Indeed, other principles are implicit in the text.
It is worth noting that the celebration of 18 years of freedom in our country coincides with the reality that the ANC will be converging in the not-too-distant future, when it will be holding its national policy conference. I had the opportunity to peruse several policy documents, in particular the one titled "Social Transformation", which says in its introduction, under subsection 1(3), that in the current phase of the national democratic revolution, the ANC, as the leader of the motive forces of social transformation, agreed that we must intensify work in the five pillars of social transformation, namely the state; the economy; organisational work; ideological struggle; and international work.
This document poses a critical question to which we as the movement need to respond. It is this: What progress has been made in transforming society, the state and the economy in addressing issues of class, gender and race? The document proceeds to assert that in response to this broad question, it urges us to take a medium- to long-term approach to the challenges we face on the road to the South African dream, which is a nation that is prosperous, nonracial, nonsexist, united and, indeed, democratic. This is the South African dream that we must grapple with, as His Excellency, Jacob Zuma, the President of the Republic of South Africa, correctly invited us to do during the state of the nation address on 9 February 2012, when he said:
We have outlined a busy infrastructure implementation programme for now until 2014 and beyond.
I would like to appeal to all our people to join hands as they always do, as we deal decisively with the triple challenges of unemployment, poverty and inequality. Nobody will do this for us, it is in our hands. And we are all equal to the task.
Allow me to conclude with words of wisdom taken from the biography of O R Tambo, the father of our selfless struggle for freedom, when he said to all of us:
... it is no longer enough for us to repeat the tired slogans. We should, therefore, carefully re-evaluate the advisability of insisting on the retention of sanctions, given the new developments in the country and abroad. ... If peaceful negotiations will result in the formation of a united, democratic, nonracial and nonsexist South Africa we are not only willing but ready to enter into such negotiations. Consequently, the ANC has suspended the armed struggle in order to give peace a chance as well as indicate our serious concern for the future of the country and all its citizens.
It is fitting for this august House today, as we celebrate our Freedom Day, that we should take positive lessons from these words of wisdom of O R Tambo, which led to the situation that I have tried to describe above - the drafting and adoption of the new Constitution. No, we have not betrayed O R Tambo and Nelson Mandela, nor many other stalwarts of our liberation struggle, because we have done well as a country in only 18 years of freedom.
We now know that many more South Africans still need water, electricity, sanitation, jobs and other basic necessities. That is why we must continue without fail to work together to expand access to services and reverse the legacy of apartheid and colonial oppression. Therefore the theme "Working together to build unity and prosperity for all" inspires us. I thank you for your undivided attention. [Applause.]
Deputy Chair, Deputy Ministers Nene and Nel, hon members, our veteran, the hon Mokgoro, I would just like to correct one statement made by the hon Onell de Beer. You know, if you are comfortable in a house and then you run away, like a naughty son, you become confused. By that I mean the hon Onell was very comfortable in the ANC. [Interjections.] He ate ... [Laughter.] ... and he and the hon Bloem ... [Interjections.]
Order! Order! [Interjections.]
In addition, the hon Bloem was very comfortable. I repented. They went on to sin. [Laughter.] Sin against the ANC, sin against your own people!
Order! [Interjections.] [Laughter.]
And you know, that is why Cope is in the mess it is today - because of people like that. And they want to come and tell the ANC, an organisation that is 100 years old, how to run their affairs!
Hon Adams, deliver your speech.
Well, it is part of it, Chair, because I am just defending what they have attacked.
All right, but I am asking you to deliver your speech now. Thank you.
Chairperson, on Freedom Day, we celebrate the start of our democracy.
Hold on. Hon De Beer?
Chair, I just want to know if the member is being ... [Inaudible.] [Interjections.]
Well, it seems as if there is sabotage. Can you take your seat and let us continue?
No, I just want to know from the member if he is prepared to take a question.
No. [Interjections.]
Yes, Chair, he can ask his question. [Interjections.] Ask the question.
This technology is failing us. [Interjections.]
It is like the ANC: Sometimes it works and sometimes not. [Interjections.]
Withdraw your statement. [Interjections.]
He has not logged in.
Technicians, can you please help us?
Thank you, Chair. As usual, Cope did not log in.
On Freedom Day, we celebrate the start of our democracy 18 years ago, as well as our Constitution, flag and other symbols. It was the first election involving all South Africa's people. To many South Africans, it was the time when they were liberated from the oppression, servitude and subhuman lives to which they had been subjected under apartheid. This year we also commemorate the centenary of the ANC, which fought for our freedom.
Here in the Western Cape we are too often reminded of the pain and indignity of being kept from being full citizens in the land of our birth for over 300 years. Unfortunately, this day of the celebration of freedom is not such a joyous occasion for many people in the Western Cape. Although we are thankful for our rights under the Constitution and the protection it brings, for too many people of the Western Cape these rights have still not been realised in their daily lives.
It is because this is the last province that has not been fully liberated. Too many people still experience this province as one where people are not really welcome and are viewed as aliens or strangers who are not full citizens. This is especially true under the DA government in the Western Cape, where people testify that they are seen as aliens intruding or taking the place of other people. We heard the MEC for health in the Western Cape saying the people from the Eastern Cape were what caused others not to get full services. His party repeatedly says people of the Eastern Cape push in at the front of the line. We hear the same mantra from other MECs, who tell us that housing, roads and other services are under pressure because of people from the Eastern Cape.
The DA tells people that these incomers or aliens are bused in to outvote the people of the Western Cape. It is surprising, then, that DA councillors in Cape Town have on two occasions led land grabs where people robbed housing because they perceived the incomers to be the priority beneficiaries in the province. The DA's spin doctor, Gareth van Onselen, even wrote an opinion piece to prove that "a massive influx of people from the Eastern Cape" is the problem in the Western Cape. Imagine that. The DA even used the old term associated with the discriminatory influx control legislation of the white apartheid regime, which was aimed at keeping people of colour out of white areas. [Interjections.]
So, it fits the mould that the premier of the Western Cape, Helen Zille, referred to isiXhosa-speaking schoolchildren as "refugees". To add insult to injury, she said that those who disliked this term were xenophobic. She has now made a half-baked apology, which has been widely rejected. She also said it was false outrage when people objected to this term. Most of those who reacted strongly pointed out that they were not refugees in the land of their birth. Refugees stay only temporarily and then return. They are never full citizens. They are, in fact, regarded as strangers or aliens. Even members from her own party - yes, from her own party, and it's a pity that the hon Faber is not here, but the others are here; hon Worth, hon De Villiers and others can convey the message to the premier - have condemned her reference to "refugees". She defended the term with explanations, but she could not convince us that it was not meant to hurt. [Interjections.]
When the ANC was founded in 1912, the founding secretary, Comrade Sol Plaatje, voiced the feeling of people who were treated as aliens or strangers by coining the phrase "I am a pariah in the land of my birth." Now, 100 years later, Premier Helen Zille says black people are still refugees or pariahs in this land. [Interjections.] She touched a raw nerve. She has said, by implication, that they are not welcome in their own land; that they are second-class citizens and not full citizens.
People who were born in Africa belong in Africa, unlike those who were born in Germany but claim to have African roots or culture, like the premier has claimed. Her ancestors are in Germany, but she claims that she is an African. How can you be from Germany, with your ancestors in Germany, your roots in Germany, yet you claim to be an African? She said on TV that her roots were in Germany, which is why she was going back to Germany to get funding for the Western Cape. Africa belongs to Africans. With that terrible tag, she labelled people in the country of their birth as people who are aliens here in the Western Cape. [Interjections.]
Chairperson, on a point of order: One of the hon members is referring to the premier of the Western Cape as a Nazi. That is not in order with the Rules of our House, the NCOP. [Interjections.]
Hon Joseph, a member of the DA has lodged his dissatisfaction and time is moving on. We are working against the clock here. Are you raising something different to what has just been said?
Yes, Chair. I want to say that the speaker is making statements that are unconstitutional and he is contradicting himself. He is confusing people in other provinces with people who are not allowed to move from country to country. That is unconstitutional. It goes against freedom of association. It is guaranteed in our Constitution that people have the right to move around.
Hon members, the Nazi remark was not recorded on the system. May I then make the ruling that we forget about it; it's not on record. Continue, hon Adams.
Chair, the hon Joseph has just said what we in the ANC are saying. He has just confirmed that people have the freedom to move within their own country, but his own party leader doesn't see that. His own leader, the premier of the Western Cape, hon Helen Zille, does not see that. How confused they are in that party!
She and her party denied people their full rights as citizens of the Republic of South Africa. She tells them they do not have the right to choose where to move to or where to stay - for the information of the hon Joseph. They may not associate with whom they wish, as the Constitution guarantees. This is a huge infringement of their human rights. People moving or migrating around the world is an age-old trend. People are not planted in one place like trees. It is therefore important to recognise that people may move to or stay where they want to. [Interjections.]
It is even worse that Premier Helen Zille pointed fingers at the Eastern Cape education system to deflect attention from her real problem here in the Western Cape. It is the problem of inferior services and infrastructure, like buildings and equipment in the Western Cape education system. [Interjections.] It is the problem of elite schools of excellence against many township schools that do not get the same support. It is the denial of people's rights. It is denying learners a chance in life. It is the DA's double standard, where it preaches an open-opportunity society for all but does not give people in poor and black areas the same level of services as the mostly white areas. It is setting up those children for failure. This is a travesty ...
Hon Adams, please conclude.
I will, Chair. The incident that made Premier Zille use that racist term was a picket in Grabouw, where people had to take to the streets in order to get attention for the big problem they have with overcrowding in their schools.
Chair, can I ask the speaker a question? I suppose he won't take a question if he only has a few seconds left.
Do I have time, Chair, to answer a question?
To be honest, you have run out. That is why I asked you to conclude.
Chairperson, the DA had better redirect ...
Chairperson, I'm wondering if Mr Adams will take a question. It's a short question from ...
Hon Bloem, I just said, a few seconds ago, that he has already run out of time. So, can we then conclude? You can ask him outside the Chamber.
Chairperson, people will not stand for this kind of discrimination. The Western Cape needs to be finally and fully liberated and set free from DA oppression. It should come under the rule of the ANC in order to be free. [Applause.]
Deputy Chairperson, again I express my thanks and gratitude for being able to participate in this Freedom Day debate in the NCOP. What we witnessed here today was an eloquent choir of South Africa's elected public representatives in the NCOP singing a song of freedom.
What stands out for me are the following voices in that choir: First was the hon Manzini, who sang in an eloquent way, giving us an overview of our history, about where we come from, and reminding us that the advent of freedom brought liberation to both oppressed and oppressor. He also reminded us of the importance of working together to achieve common national objectives and to realise the objective of a better life for all. Second was the hon Schippers, who spoke eloquently about the special and important role of local government in the realisation of the objectives contained in our Constitution and the role of local government in giving full effect to what we celebrate on Freedom Day.
Third was the hon Gunda, who took diamonds from his native province and strung them together and in that rhythm he reminded us of the importance of the mineral wealth in our country and how it should be used to alleviate poverty. Fourth was the hon Kasienyane, who spoke in the same vein about the important need for us to engage in economic transformation to give full effect to those powerful provisions in our Constitution that talk about socioeconomic rights and the means for all South Africans to realise their full human potential.
Fifth was the hon Skhosana's thoughtful input, which took us over the history of the road we travelled to be at the point we are today, celebrating 18 years of freedom. In doing so he reminded us that as we move forward it is always advisable to check the rear-view mirror from time to time to remind ourselves where we come from. That will help us to better chart the way forward to the national democratic society envisaged in our Constitution.
Sixth was the hon Adams, who spoke eloquently and passionately, emphasising that in terms of our Constitution South Africa is indeed one united and undivided nation, that all of its citizens enjoy equal rights under the Constitution and that we have no first-class or second-class citizens based on where they might find themselves in our beautiful country.
In the midst of this beautiful choir that sang here today, I think there were one or two discordant notes. I appeal to members that as we engage in public discourse let us refrain from doing so in a shallow and careless manner. The matters that we are discussing are serious matters that affect the future of our nation. We should not present arguments in the form of "federations of discontent" or take news clippings and dish them up as analyses.
The matters raised regarding the Protection of State Information Bill are currently before a committee of this House and I believe that they are receiving due and proper consideration.
Matters relating to the assessment of the impact of judgments of the highest courts in our land, being the Constitutional Court and the Supreme Court of Appeal, have been undertaken exactly at this juncture in our history where we feel it is appropriate to assess the work of the courts and the impact of their judgments, especially on socioeconomic rights. If one looks at the terms of reference and the discussion document released by the Department of Justice and Constitutional Development, one will see that in fact the exercise being conducted there is being conducted according to the letter and in the spirit of the Constitution.
Recently, in fact, many judges and aspirant judges have welcomed the release of that discussion document and the terms of reference for that assessment. So, there really is nothing to fear and everything to welcome. Indeed, it underscores our belief that by assessing, engaging and analysing them we are in fact strengthening the foundations of our constitutional democracy, which we started building 18 years ago.
Deputy Chairperson, I thank you for the opportunity to participate in this debate. Let me wish all members well on Freedom Day. I wish and hope that you will be in your constituencies, singing the beautiful song of freedom that we heard here this morning. [Applause.]
Debate concluded.