The Centre for Environmental Rights, in collaboration with WWF-SA, calls for applications by suitably qualified and experienced candidates to take up a one-year legal internship contract with the Centre, starting on 1 March 2012. This internship is funded by WWF-SA, but based at the Centre for Environmental Rights where legal interns work closely with the attorneys, and play an integral role, in the Centre’s work and operations.

Qualifications, skills and experience:

• An LLB or equivalent tertiary qualification
• Candidates must be currently enrolled or have completed an LLM in Environmental Law
• A sound understanding of legal and procedural requirements for environmental decision-making and legal challenges
• A good knowledge of recent environmental case law and recent legal developments
• An ability to work independently, without constant supervision, and to take initiative
• An ability to work effectively and creatively with limited resources
• Excellent writing and legal drafting skills
• Work experience in a legal practice or not for profit organisation, as well as experience working with communities and community organisations will be an advantage
• A sensitivity to social issues and needs
• A commitment to high quality client service

Key responsibilities:

The legal intern will:

• support the Executive Director and staff attorneys in the legal and administrative operations at the Centre;
• conduct legal research and drafting legal opinions;
• do site visits and investigations;
• report non-compliance to authorities and track enforcement action;
• assist the CER in preparing court applications and court actions;
• populate and maintain the CER’s website, particularly its Virtual Environmental Law Library; and
• negotiate a programme of work that is designed to meet priority skills training and experiential learning and undertake this work diligently and responsibly;
• prepare progress reports for approval by the programme manager at WWF-SA, highlighting goals achieved, learning achieved and identifying areas for further growth and development;
• participate in any support activities in the Graduate Placement Programme arranged under the auspices of the WWF-SA Environmental Leaders Programme.

Commencement date, working hours and duration: The contract with the legal intern will commence on 1 March 2012 on a full-time basis.

Closing dates and interviews: Applications should reach us by no later than 20 February 2012. Interviews will take place on 23 and 24 February 2012.

Applications: To apply, please send a cover letter motivating why you have the necessary passion, qualifications, skills and experience for this position, as well as a short CV including the contact details of at least two referees, to dtownsend@cer.org.za.

The Centre for Environmental Rights strives to reflect South Africa’s racial, cultural and gender diversity within its staff complement. All suitably qualified candidates are encouraged to apply.

Comments by past CER interns:

• “It was an immense privilege to have the opportunity to volunteer at the Centre. The kinds of matters that are being challenged by the Centre, the talent and passion with which they are pursued, and the creativity and commitment of its leaders has been both encouraging and exciting. I am grateful to have played a small part in this work and have gained immensely through the legal insight and practical training I received there.” Olivia Rumble, volunteer legal intern in 2010
• “The CER has provided me with an opportunity to expand my skills base. I have thoroughly enjoyed the chance to work with excellent professionals and learn as much as I can.” Junaid Francis, environmental management intern and project officer in 2011
• “Working at the CER was an incredible learning experience. Gaining practical experience in matters related to my university course work completely enriched my university learning. The CER is an immensely important organisation that is fulfilling a crucial role in civil society. I feel very privileged to have been a part of the CER and I will continue to follow their work and experiences with a keen interest.” Christine Reddell, legal intern in 2011

State of the Nation Address By His Excellency Jacob G Zuma, President of the Republic of South Africa on the occasion of the Joint Sitting Of Parliament, Cape Town

9 Feb 2012

Honourable Speaker of the National Assembly,
Chairperson of the National Council of Provinces;
Deputy Speaker of the National Assembly and Deputy Chairperson of the NCOP;
Deputy President of the Republic, Honourable Kgalema Motlanthe;
Former Deputy President FW De Klerk,
Former Deputy President Baleka Mbete,
Honourable Chief Justice of the Republic, and all esteemed members of the Judiciary;
Honourable Chairperson of the SADC Parliamentary Forum and Speaker of the
Parliament of Zimbabwe; Mr Lovemore Moyo,
Honourable Ministers and Deputy Ministers,
Honourable Minister of International Relations of the Republic of Angola, Mr Rebelo Chikoti,
Honourable Minister of Foreign Affairs of the Republic of Mozambique, Mr Julio Baloi,
Distinguished Premiers and Speakers of our Provinces;
Chairperson of SALGA, and all local government leadership;
Chairperson of the National House of Traditional Leaders;
The Heads of Chapter 9 Institutions;
The Governor of the Reserve Bank;
Leaders of all sectors from business, sports, traditional and religious leaders,
Members of the diplomatic corps;
Special and distinguished guests,
Fellow South Africans,
Dumelang, good evening, goeie naand, molweni, thobela, abuxeni!

I would like to extend warm greetings to all on this important day.

It is an honour to speak to South Africans in this House and in their homes and viewing centres around the country.

I also extend a warm welcome to Ambassadors and High Commissioners representing 146 countries, with which South Africa has diplomatic relations. We value your presence in our country.

Compatriots and friends,

This State of the Nation Address takes place during a significant year in the history of our country, the centenary of the ruling party, the African National Congress.

In marking this occasion we are recognising the work of all South Africans in bringing about a truly free, non-racial, non-sexist, democratic and prosperous country.

We wish to single out the former presidents of the ANC who led our struggle for liberation and of creating a better life across generations. We salute John Langalibalele Dube, Sefako Makgatho, Zac Mahabane, Josiah Gumede, Pixley ka Isaka Seme, AB Xuma, JS Moroka, Chief Albert Luthuli, Oliver Tambo, Nelson Mandela and Thabo Mbeki.

We welcome the families of the former ANC Presidents who are our special guests this evening.

We also recognise other components of the liberation movement – the Black Consciousness Movement which was led by Mr Steve Biko, whose son Samora is also our special guest, and the Pan-Africanist Congress which was led by Mr Robert Sobukwe.

We acknowledge too, the contribution of the late former MP, Ms Helen Suzman, who was a lone voice in this very House, speaking out against oppressive laws.

Honourable Members,

Compatriots and friends,

The year 2012 is also special because it marks the 16th anniversary of the Constitution of the Republic, which gives full expression to our democratic ideals.

The Constitution is South Africa’s fundamental vision statement, which guides our policies and actions. We reaffirm our commitment to advance the ideals of our country’s Constitution at all times.

Compatriots and friends,

At the January Cabinet lekgotla, we decided to undertake a mid-term review, looking at progress from 2009 till now instead of the usual annual review.

The mid-term review indicated steady progress in various areas such as health, education, the fight against crime, human settlements, energy, water provision, rural development and others.

However, the triple challenge of unemployment, poverty and inequality persists, despite the progress made. Africans, women and the youth continue to suffer most from this challenge.

Somlomo nosihlalo abahloniphekileyo,

Njengekhabhinethi kazwelonke sithathe isinqumo sokuthikufanele senze ngokwedlulele, ukukhulisa umnotho wezwe, ukuze siqede lezizinkinga zokwesweleka kwemisebenzi, ubumpofu kanye nokungalingani ezweni.

Ilezo zinto ezintathu esizobhekana nazo ngqo, kulonyaka naseminyakeni ezayo.

Compatriots,

When freedom was attained in 1994, South Africa inherited a problem of structural unemployment which goes back to the 1970s. Employment continued to deteriorate in the 1990s and the early 2000s due to slow growth and declining employment in gold mining and agriculture.

Although jobs grew rapidly during the boom of 2003 to 2008, unemployment did not fall below 20%.

Employment received another setback in the recession of 2009.

Fortunately, Government entered the 2008-2009 recession with healthy public finances, and a comparatively low level of debt.

This allowed for a flexible response to deteriorating economic conditions.

For example, we increased spending on social security and on infrastructure development to stimulate the economy, mainly through the 2010 FIFA Soccer World Cup build programme.

Informed by some of these difficulties and the need to move away from piecemeal planning, we took a decision in 2009 to establish the National Planning Commission and asked them to produce a national development plan for the country, informed by the Constitution of the Republic.

The Commission released the first draft of the National Development Plan for consideration, which looks at where we want to be in 20 years’ time.

The Plan also directly addresses the elimination of poverty and inequality as critical points that must be attended to.

The solution for the country therefore, is higher growth and job creation to reduce and ultimately eradicate poverty and inequality.

As a developmental state that is located at the centre of a mixed economy, we see our role as being to lead and guide the economy and to intervene in the interest of the poor, given the history of our country.

Informed by this responsibility, in 2010 we launched the New Growth Path framework and identified our job drivers as infrastructure development, tourism, agriculture, mining, manufacturing and the green economy.

We declared 2011 the year of job creation, and mobilised our social partners, namely business, labour and the community sector, to work with us in implementing the New Growth Path.

The results are encouraging, although we are not out of the woods yet, given the global economic situation.

The fourth quarter figures released on Tuesday, indicate that the rate of unemployment has come down from twenty-five percent to 23.9% as a result of new jobs.

During 2011, a total of 365 000 people were employed. This is the country’s best performance since the recession of 2008.

What is also important is that all the new jobs are in the formal sector of the economy, in sectors such as mining, transport, community services and trade to name a few.

There are two main things that we did right in 2011 which are contributing to this joint success.

Firstly, we mainstreamed job creation in every government entity including state owned enterprises.

Secondly, we strengthened social dialogue and cooperation between government, business and the community sector.

The Accords, signed by government, business and labour on procurement, skills development, basic education, and the green economy, confirm our common purpose and determination to build this country.

Government alone cannot solve the challenges faced by the country, but working together, solutions are possible.

Compatriots,

Let me take this opportunity to report back on the undertakings made in the SONA last year.

The Job Fund which we announced last year began operating in June. Over 2 500 applications were received in the first round. Project allocations of over one billion rand have been committed.

We had also announced 20 billion rand worth of incentives under Section 12(i) of the Income Tax Act, designed to support new industrial projects and manufacturing, and seven projects with an investment value of 8,4 billion rand were approved.

The procurement regulations empowering the Department of Trade and Industry to designate specific industries where local content is prescribed came into effect in December.

The sectors include clothing textiles, canned vegetables, leather and footwear.

Progress has also been made in amalgamating small business institutions, and a new entity will be launched this year.

We had announced 10 billion rand to be set aside by the IDC for job creation.

To date, about one point five billion rand was approved for 60 companies to promote job creation.

Compatriots and friends,

The mining industry, one of the job drivers in the New Growth Path, plays a critical role in the socio-economic development of the country.

As part of addressing the triple challenge of poverty, inequality and unemployment, government has developed a beneficiation strategy, which seeks to provide opportunities in the downstream part of the minerals sector.

We remain committed to the creation of a favourable and globally competitive mining sector, and to promote the industry to attract investment and achieve both industrial growth and much-needed transformation.

Honourable Speaker,

Honourable Chairperson of the NCOP,

The work done last year indicates that if we continue to grow reasonably well, we will begin to write a new story about South Africa—the story of how, working together, we drove back unemployment and reduced economic inequality and poverty.

It is beginning to look possible.

We must not lose this momentum.

For the year 2012 and beyond, we invite the nation to join government in a massive infrastructure development drive.

Baba Somlomo noSihlalo,

Sizoqala umkhankaso omkhulu wokwakha izingqalazizinda ezweni lonke. Lokhu kuzophakamisa izinga lomnotho, futhi kuveze amathuba emisebenzi.

Compatriots,

We will use the project management expertise gained during the 2010 FIFA Soccer World Cup to make this project a success.

The infrastructure plan will be driven and overseen by the Presidential Infrastructure Coordinating Commission, (PICC), which was established in September, bringing together Ministers, Premiers and Metro Mayors under the leadership of the President and the Deputy President.

The PICC has identified and developed projects and infrastructure initiatives from state-owned enterprises as well as national, provincial and local government departments.

These have been clustered, sequenced and prioritised into a pipeline of strategic integrated projects.

We have chosen five major geographically-focussed programmes, as well as projects focusing on health and basic education infrastructure, information and communication technologies and regional integration.

The projects are as follows:

Firstly, we plan to develop and integrate rail, road and water infrastructure, centred around two main areas in Limpopo: the Waterberg in the Western part of the province and Steelpoort in the eastern part.

These efforts are intended to unlock the enormous mineral belt of coal, platinum, palladium, chrome and other minerals, in order to facilitate increased mining as well as stepped-up beneficiation of minerals.

Using the developments in Limpopo as a base, we will expand rail transport in Mpumalanga, connecting coalfields to power stations.

This will enable us to decisively shift from road to rail in the transportation of coal, which has caused a deterioration of the roads in Mpumalanga.

The eastern parts of the North West province will also benefit from the greater focus on infrastructure connected to mining and mineral beneficiation.

Secondly, we will improve the movement of goods and economic integration through a Durban-Free State-Gauteng logistics and industrial corridor.

This project is intended to connect the major economic centres of Gauteng and Durban/Pinetown, and at the same time, connect these centres with improved export capacity through our sea-ports.

In this regard, I am pleased to announce the Market Demand Strategy of Transnet, which entails an investment, over the next seven years, of three hundred billion rand in capital projects.

Of this amount, 200 billion rand is allocated to rail projects and the majority of the balance, to projects in the ports.

Amongst the list of planned projects, is the expansion of the Iron Ore Export channel from 60 million tons per annum to 82 million tons per annum.

It also includes various improvements to the Durban-Gauteng Rail corridor and the phased development of a new 16 million tons per annum manganese export channel through the Port of Ngqura in Nelson Mandela Bay.

The Market Demand Strategy will result in the creation of more jobs in the South African economy, as well as increased localization and Black Economic Empowerment. It will also position South Africa as a regional trans-shipment hub for Sub-Saharan Africa and deliver on NEPAD’s regional integration agenda.

We have also been looking at the necessity of reducing port charges, as part of reducing the costs of doing business. The issue of high port charges was one of those raised sharply by the automotive sector in Port Elizabeth and Uitenhage during my performance monitoring visit to the sector last year.

In this regard, I am pleased to announce that the Port Regulator and Transnet have agreed to an arrangement which will result in exporters of manufactured goods, receiving a significant decrease in port charges, during the coming year, equal to about 1 billion rand in total.

Thirdly, we will develop a major new South Eastern node that will improve the industrial and agricultural development and export capacity of the Eastern Cape region, and expand the province’s economic and logistics linkages with the Northern Cape and KwaZulu-Natal.

In the former Transkei part of the Eastern Cape, we are committed to building a dam using the Umzimvubu River as the source, in order to expand agricultural production.

In addition, the implementation of the Mthatha revitalization project, which is a Presidential special project, is proceeding very well.

Work is at an advanced stage to improve water, sanitation, electricity, roads, human settlements, airport development and institutional and governance issues.

Fourthly, in the North West, we will expand the roll-out of water, roads, rail and electricity infrastructure. Ten priority roads will be upgraded.

Fifthly, we see enormous potential along the west coast of the country and need to improve infrastructure to unlock this potential.

Our plans include the expansion of the iron-ore rail line between Sishen in Northern Cape and Saldanha Bay in the Western Cape, which will create large numbers of jobs in both provinces.

The iron-ore capacity on the transport-side will increase capacity to 100 million tons per annum.

This will allow for the expansion of iron-ore mining over the next decade to feed the developing world’s growing investment in infrastructure and industrial activities.

Compatriots,

We have also identified critical social infrastructure projects. These include projects aimed at laying the basis for the National Health Insurance system such as the refurbishment of hospitals and nurses’ homes.

A total of 300 million rand has been allocated for the preparatory work towards building new universities in Mpumalanga and Northern Cape.

Another infrastructure project with great potential is South Africa’s bid to host the Square Kilometre Array radio telescope in partnership with eight other African countries. The winning bid will be announced next month. We urge you to support the country’s bid.

Lastly, our infrastructure work extends beyond our borders. South Africa champions the North-South Road and Rail Corridor, which is part of the African Union’s NEPAD Presidential Infrastructure Championing initiative.

Work in this regard, comprises various inter-related projects that cover roads and railways, border crossings, energy and information and communication technologies.

Compatriots,

The massive investment in infrastructure must leave more than just power stations, rail-lines, dams and roads. It must industrialise the country, generate skills and boost much needed job creation.

I will convene a Presidential infrastructure summit to discuss the implementation of the plan with potential investors and social partners.

Honourable Speaker, Honourable Chairperson of the NCOP,

I would now like to discuss matters relating to the extension of basic services, addressing inequalities, peace and security and social cohesion.

I received a lot of valuable correspondence in the run-up to this SONA. Such interaction enables us keep in touch with our people and their needs.

I received an email relating to a housing problem from Mzukisi Mali, a public servant from the Fingo area in Grahamstown. He wrote;

“In 1994 my income was too high to get an RDP and too low to get a

bond, this continued until to date.I have three children and my

wife is not working.

“When I apply for an RDP I am told that I do not qualify and cannot get a bond because I am risky to the banks…’’

Fortunately we have gone some way to address the problem facing Mr Mali and many others.

In 2010, we announced a one billion rand guarantee fund to promote access to loans.

We are pleased to report that this fund will start its operations in April, managed by the National Housing Finance Corporation. The scheme will enable the Banks to lend to people who are in a similar situation as Mr Mali.

In addition, from April, people earning between three thousand five hundred rand and R15 000, will be able to obtain a subsidy of up to R83 000 from Provinces, to enable them to obtain housing finance from an accredited Bank.

Ungalilahli ithemba Mr Mali nabaningi abanye, kuzolunga ngenxa yalomxhaso ozotholakala kohulumeni bezifundazwe, kanye nalomshwalense omusha ozokwenza kubelula kumabhange ukuthi aniboleke imali.

Compatriots,

There is an ongoing concern from business and communities about high electricity costs.

I have asked Eskom to seek options on how the price increase requirement may be reduced over the next few years, in support of economic growth and job creation and give me proposals for consideration.

We need an electricity price path which will ensure that Eskom and the industry remain financially viable and sustainable, but which remains affordable especially for the poor.

However to achieve sustainability, a pact will be required with all South Africans – including business, labour, municipalities, communities and all customers and suppliers.

We must save electricity.

For the next two years, until the Medupi and Kusile power stations come into operation, the electricity system will be very tight.

We should all play our part in order to avoid load shedding.

To increase energy capacity we will continue searching for renewable energy sources, especially solar electricity and biofuels as we implement the Green Economy Accord with economic stakeholders.

To date we have installed more than 220 000 solar geysers nationwide.

The Government target is one million solar geysers by 2014-2015.

Honourable Members,

Compatriots,

Government continues to extend access to basic water supply. However, clearly, water access is still a challenge in some areas.

An email from Mmatsheko Pine from Hammanskraal is a case in point.

The writer says; “There is the area called Ngobi near Hammanskraal, under Moretele Local Municipality, the people residing in the area are now old, aged and mostly sick.

“The area has been without water for the past two years. People rely on rain to harvest water.

There are water pipes and machines installed but the problem is said to be pressure to pump water. Could your office kindly assist with the powers that be?”.

I have asked the Minister of Water and Environmental Affairs to investigate this matter with a view to finding an urgent solution.

Water expansion has been delayed in some parts of the country due to a lack of infrastructure.This is being attended to. For example, five new water augmentation schemes are on schedule.

These are Olifants River Water Resource in Steelpoort in Limpopo Province, the Vaal River Eastern Sub-System in Secunda in Mpumalanga, Komati Water Augmentation Scheme in Nkangala in Mpumalanga, the raising of Hazelmere dam in KwaZulu-Natal and the Clan William Dam in Clan William in the Western Cape. In addition, nine out of 25 dams have been rehabilitated.

In relation to the announcements we made during the United Nations COP 17 climate change conference, an amount of 248 million rand is to be invested over next two years to deal with the issue of Acid Mine Drainage in Witwatersrand.

Let me take this opportunity to congratulate the inter-ministerial committee on COP 17 for making the conference a huge success

The final outcome of COP 17 was historic and precedent setting, ranking with the 1997 conference where the Kyoto Protocol was adopted.

Building on the success of COP 17, South Africa will participate in the Rio plus 20 Summit in Brazil, which marks the 10th anniversary of the World Summit on Sustainable Development.

Honourable Speaker and Honourable Chairperson,

Our intensive focus on education is paying off.

We are pleased that the matric percentage pass is on an upward trend. We congratulate the teachers, learners, parents and the communities for the efforts.

We will continue to invest in producing more teachers who can teach mathematics, science and African languages.

Compatriots,

Our call to teachers to be in school, in class, on time, teaching for at least seven hours a day remains pivotal to success. We thank the teacher unions for supporting this campaign.

A major achievement is the doubling of Grade R enrolment, from 300 000 in 2003 to 705 000 in 2011. We appear poised to meet our target of 100% coverage for Grade R by 2014.

To fight poverty and inequality and to keep learners in school, over 8 million learners attend no-fee schools while over eight million benefit from government’s school feeding scheme.

Last year, national government instituted a Section 100 (1)(b) intervention in the Eastern Cape, to assist the department of education to improve the delivery of education.

Problems included non-delivery of textbooks, non-payment of scholar transport, excess teachers and a general poor culture of learning and teaching.

The implementation of the intervention will continue and we are working well with the province in this regard. Sizimisele ukwenza immeko yemfundo ibengcono eMpuma Koloni. We call on all stakeholders to work with us to make this turnaround a success.

Compatriots,

During the 2010 FIFA Soccer World Cup, we resolved that the South African legacy would be to promote universal access to education.

School attendance in the country is now close to 100 percent for the compulsory band, 7-15 years of age.But we remain concerned by the report of the General Household Survey in 2010 that just over 120 000 children in that band are out of school.

Grade 10 drop outs appear to be a problem, particularly in the rural and farm areas of the Western Cape.

The national Government will work closely with the Western Cape government, to trace these learners and provide support so that they do not lose their future.

With regards to higher education, we are exceeding targets. Close to 14 000 learners were placed in workplace learning opportunities over the past year, and over 11 000 artisans have completed their trade tests.

Siyajabula ukubona ukuthi liyanda inani lentsha efunda amakhono kulamakolishi abizwa phecelezi ngama-Further Education and Training Colleges.

Siyaninxusa bazali ukuthi nigqugquzele izingane zifunde kulamakolishi. Akufanele zicabange ukuthi imisebenzi ifundelwa emanyuvesi kuphela.

Siyawadinga amakhono atholakala kulamakolishi.

To expand access to tertiary education as per our announcement last year,200 million rand was utilised to assist 25 000 students to pay off their debts to institutions of higher learning.

Compatriots and friends,

We congratulate the health sector as well as the South African National Aids Council led by the Deputy President of the Republic on the success of the HIV and AIDS programme.

While we are doing well with regards to treatment and the prevention of mother to child transmission, general prevention efforts must also be accelerated.

We also wish to encourage South Africans to live healthier lives to reduce the impact of non-communicable diseases such as diabetes, heart disease and hypertension.

Compatriots and friends,

The year 2013 will mark the centenary of the Natives Land Act of 1913, which took away 87 percent of the land from the African people.

The Constitution requires that the State must realise the restitution of land rights for those who were dispossessed by the 1913 law.

We have only distributed 8% of the 30% target of land redistribution for 2014 that we set ourselves. The process is slow and tedious and there is general agreement that the willing buyer- willing seller option has not been the best way to address this question.

That is why have introduced a new policy framework, the Green Paper on Land Reform.

We urge the public to participate in the process of improving land redistribution and reform to reverse the impact of the 1913 Act.

Honourable Speaker,

Compatriots,

On economic transformation, we are amending the Broad-Based Black Economic Empowerment Act. The amendments amongst other things, establish a statutory Commission that would deal with non-compliance and circumvention.

The proposed law will also criminalise fronting and other forms of empowerment misrepresentation.

With regards to issues of disability, we have directed all government departments to ensure that we meet the target we set several years ago of having 2% of people employed in the Public Service to be disabled persons.

We are also working towards a Women Empowerment and Gender Equality Bill, to promote compliance in both government and the private sector and to provide for sanctions in the case of non-compliance.

Meanwhile, the NEDLAC Process on the Atypical Forms of Employment and Labour Broking has now been completed.

Government seeks to eliminate all forms of abusive practices inherent in labour broking, in order to strengthen the protection of vulnerable workers. We trust that common ground will be found this year on this matter.

Compatriots,

In 2009 we made a commitment to accelerate the fight against crime and corruption.

The crime statistics for the period 2010/2011 indicate that our country witnessed a decline of 5% in the number of reported serious crimes compared to the previous year.

We will however, not become complacent. We are continuing to implement our programmes of making South Africans feel safe and to be safe.

We also continue to improve the performance of the state in various ways, including the fight against corruption.

The Multi-Agency Working Group on procurement led by the National Treasury, SARS and the Financial Intelligence Centre is reviewing the entire state procurement system to ensure better value for money from state spending.

Initiatives include the vetting of supply chain personnel in government departments.

To further improve security, the Department of Home Affairs, signed a Memorandum of Understanding with the banking industry, to roll out the online fingerprint verification system in all participating banks, to assist in fraud prevention and detection.

Compatriots and friends,

We are working with various provinces to improve governance, systems and administration.

These include Gauteng to improve health service delivery, the Free State on transport and roads and Limpopo to improve governance and financial administration in five departments, including the provincial treasury.

We welcome the launch of Corruption Watch by COSATU, as well as the recent agreement between government and business to implement anti-corruption programmes.

These interventions will complement the work of government in combating corruption.

Compatriots and friends,

As part of promoting social cohesion, this year we will undertake and continue many heritage projects.

Museums and centres to be unveiled will include the 1980 Matola Raid museum in Maputo, the Ncome museum in KwaZulu-Natal, phase 2 of the Freedom Park museum and the Steve Biko heritage centre in Ginsberg in King Williamstown.

We have also prioritised thehomes and graves of former ANC Presidents and other national heroes including Thomas Maphikela, Lillian Ngoyi, Walter and Albertina Sisulu, Griffiths and Victoria Mxenge, Robert Sobukwe and others.

Memorial sites to be prioritised include that of the Pondo Revolt, the sites of the Frontier Wars, the 1913 revolt by African women in the Free State, the 1957 anti-pass revolt by women in Zeerust, the Rocklands Civic Centre in Mitchells Plein where the United Democratic Front was formed and the Gugulethu Seven monument in Cape Town.

We are also in the process of purchasing and rehabilitating the Winnie Mandela house in Brandfort, the Dr. Moroka house in Thaba Nchu and the Bram Fischer house in Westdene.

Additional projects include the launch of the Dube Tradeport and the unveiling of the statue of John Dube at King Shaka International Airport next month and renaming the Kings House presidential residence in Durban after Dr Dube.

The Presidential Guest House in Pretoria will be named after Mr Sefako Makgatho and the Diplomatic Guest House in Pretoria after the late prolific diplomat, Mr Johnny Makatini.

Government will also table the National Traditional Affairs Bill which makes provision for the recognition of the Khoi-San communities, their leadership and structures.

It is important to remember that the Khoi-San people were the most brutalised by colonialists who tried to make them extinct, and undermined their language and identity. As a free and democratic South Africa today, we cannot ignore to correct the past.

I discussed this matter extensively with the Khoi-San community when I met with them in Cape Town last year and we agreed to work together to redress the injustices of the past.

Compatriots,

Next year 2013, the seat of government, the majestic Union Buildings, will mark 100 years of existence and planning will start this year to mark the centenary.

Fellow South Africans,

We must perform better in sports this year! Our star performer, Oscar Pistorius has set the standard for the year by winning the 2012 Laureus Sportsperson of the Year with a Disability Award.Congratulations for this achievement.

We also congratulate the national women’s soccer team Banyana Banyana for qualifying for the London Olympics for the first time. With our support, they will do well.

We have been given the honour to host the Africa Cup of Nations next year, replacing Libya as they are unable to do so.

Compatriots,

Allow me to use this opportunity to extend heartiest congratulations and good wishes to Mama Rebecca Kotane, wife of former ANC treasurer general, Moses Kotane and SACP general secretary, who will turn 100 years old on Sunday the 12th of February.

The Young Men’s Guild of the Methodist Church of Southern Africa, Amadodana aseWesile, is also celebrating 100 years this year.

Another centenary celebration is that of Omama Besililo of the United Congregational Church of South Africa.

We wish them all successful celebrations.

Compatriots,

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.

As we get back to work tomorrow, let us internalise the words of ANC Women’s League founding president Charlotte Maxeke who said in her Presidential address to the National Council of African Women.

“This work is not for yourselves — kill that spirit of self, and do not live above your people, but live with them. If you can rise, bring someone with you’’.

I thank you.

Issued by: The Presidency

Watch the second in our series of four short films on some of the cases undertaken by the Centre for Environmental Rights and Lawyers for Human Rights through their joint mining project. “Bad luck will come to us” features Mashile Phalane of the Batlhabine Foundation at Lenyenye near Tzaneen in Limpopo.

In 2005, Blue Platinum Ventures reopened an old clay mine in Lenyenye, near Tzaneen in Limpopo. The clay is used for making bricks in their brickyard.

In 2010, they started mining outside the area for which they had an approved management programme, encroaching on areas sacred to the community.

Little, if any, rehabilitation has ever been done by Blue Platinum Ventures to contain the erosion which is threatening the health and safety of the Batlhabine community.

It took the Batlhabine community 3 months to get copies of a notice issued to Blue Platinum Ventures by the Department of Mineral Resources. Despite the rapid and uncontrolled erosion of those pits which are beginning to encroach on private land, the DMR notice does not direct the company to rehabilitate the mining pits closest to the community.

The film features Mashile Phalane from the Batlhabine Foundation.

This film was commissioned by the CER and Lawyers for Human Rights, produced by Green Renaissance and funded by the National Lottery Distribution Trust Fund.

To watch all four films in this series, click here.

Watch the first in a series of four short films on some of the cases undertaken by the Centre for Environmental Rights and Lawyers for Human Rights through their joint mining project. “I hate this in my life” features farmer Samson Sibande, and the Wessleton community near Ermelo in Mpumalanga.

I hate this in my life from Green Renaissance on Vimeo.

In 2008 Samson Sibande bought a farm near Belfast, Mpumalanga. On the land was a small coal mine, abandoned by Cousins Coal without rehabilitation.

Samson has been trying to get the information he needs to force Counsins Coal to come and rehabilitate the damage left by the mine, including large pits of polluted water. To date, Samson has been unable to obtain copies of any environmental management plans or financial provision information from the Department of Mineral Resources.

Despite failing to rehabilitate the mine as required by law, Cousins Coal returned in 2012 and is attempting to obtain a new prospecting right on Samson’s farm.

But what is happening on Samson’s farm is happening all over Mpumalanga. The community of Wessleton outside Ermelo has seen their entire surroundings transformed by numerous coal mines, directly adjacent to the community’s houses.

It took the Wessleton community more than a year and a court order just to get hold of the permits granted to the mines from the Department of Mineral Resources.

At least one of the Wessleton mines has since been closed by the Department of Mineral Resources. Like the mine on Samson’s farm, this mine has not been rehabilitated. This is a common and prominent problem in many of the mines surrounding Ermelo.

This film was commissioned by the CER and Lawyers for Human Rights, produced by Green Renaissance and funded by the National Lottery Distribution Trust Fund.

To watch all four films in this series, click here.

Media Release: Mining-Environment-Communities Alliance: Statement for the Mining Indaba

• lack of consultation with civil society and communities on MPRDA Amendment Bill
• DMR and mining companies’ resistance to access to information
• mines without water use licences, and a downward trend in quality of water use licences
  
• absent community voices and a challenge to the Mining Indaba
  

The Mining-Environment-Communities Alliance

1. For the past two years, there has been ongoing engagement between civil society, community organisations, academic institutions and law clinics increasingly concerned about the impacts of mining on the environment and on the communities that rely on those natural resources.  This coalition has now evolved into a Mining-Environment-Community Alliance that works together to implement a civil society legal strategy to promote environmental compliance, transparency and accountability in mining.
2. The focus of our concern and endeavours is not to oppose mining, but to ensure that adequate assessment and mitigation of detrimental impacts take place within reasonable timeframes before prospecting and mining are commenced, followed by predictable compliance monitoring of requirements set, and strong enforcement action taken when non-compliance is found. This is the only way to ensure responsible environmental practices at mines, in the interest of workers, communities and the country.
3. See a list of participants in the Mining-Environment-Communities Alliance here.
4. At the occasion of the Mining Indaba, the Alliance would like to raise the following concerns about environmental impacts of mining and the environmental regulation of mining activities.

The MPRDA Amendment Bill

1. In April 2011, the Alliance made a detailed submission to the Minister and the Department of Mineral Resources (DMR) regarding problems with the current Mineral and Petroleum Resources Development Act, 2002 (MRPDA) from a civil society and community perspective. A copy of the full submission can be accessed here.
2. Despite repeated requests, the Minister and the DMR have deferred all our requests for consultation on the contents of a proposed MPRDA Amendment Bill to future Parliamentary hearings.
3. We do not believe that excluding such civil society engagement until an amendment bill is already in Parliament constitutes good governance, nor does it make for appropriate and supported legislation. We know that the DMR has engaged with other stakeholders like the Chamber of Mines and through forums like the Mining Industry Development Growth and Employment Task Team (Midgett), so we cannot see why a similar engagement cannot take place with civil society stakeholders like our Mining-Environment-Communities Alliance.
4. The ongoing parallel and inferior environmental management system for mining is no longer justifiable in a democratic society, particularly in view of South Africa’s international and national commitments to environmental protection and the green economy. The consequences for the ongoing special treatment of mines are severe, and do nothing to benefit the country, the mining industry, mineworkers or communities. It is high time the mining industry complied with the same rules as all other industries in South Africa.
5. The MPRDA’s environmental management rules provide for: inadequate notice of new applications that violate the principles of administrative fairness; inadequate time and opportunities for public participation; inadequate time for proper assessment of environmental impacts; penalties that are so low as to be no disincentive whatsoever for mining companies (examples are given in the submission, but the maximum fine for an offence under the MPRDA is R500,000, compared to the R5 million for similar offences in other environmental legislation).
6. Most of these problems will be addressed by applying the environmental management rules provided for in the National Environmental Management Act, 1998 to mining. In addition, such a step would facilitate an integrated licensing process for mines, which would presumably be supported strongly by the mining industry itself. It would also end the ongoing confusion in the mining industry about which environmental authorisations are required.
7. We continue to support the inclusion of additional procedural safeguards in areas of particular sensitivity. See the submission by 13 non-government organisations on 1 February 2011 to the Minister to declare certain critical areas as completely prohibited from commercial prospecting and mining. Download this letter to the Minister here.

Access to information

1. It is extremely difficult for communities and civil society organisations to access information about rights and permits granted to mines, and enforcement action taken against non-compliant mines.
2. Both mining companies and the DMR regularly refuse to answer questions or provide information on mining activities informally, and generally require communities and civil society organisations to submit formal requests under the Promotion of Access to Information Act, 2000 (PAIA).
3. From our experience, compliance with PAIA is not prioritised within the DMR. Many requests for information go unanswered, some are refused on inappropriate grounds, and very few, if any, appeals are decided. The DMR rarely, if ever, responds within the statutory time frames. In some instances, it has taken communities more than a year, and a court order, to obtain basic information about permits granted to a particular mine.
4. Mining companies generally resist disclosure of information about their activities, often citing the DMR’s instructions not to release copies of rights and permits. Companies also regularly ignore formal PAIA applications, which means that communities and CSOs’ only option is to incur the expense of going to court to compel production of documents.
5. We strongly believe that all applicants for and holders of mining and related rights must be obliged to give full access to key information relating to their applications to the DMR to all interested and affected parties as a condition of their permits.

Operating mines without water use licences

1. The Alliance remains extremely concerned about the many mines that continue to operate without water use licences issued by the Department of Water Affairs (DWA).
2. In December 2011, the Minister of Water and Environmental Affairs told Parliament that the DWA knows of approximately 84 mines that are still operating without water use licences, which means that these facilities are using and discharging water into our water systems without licence requirements that can be monitored, and enforcement action taken when limits are exceeded. Using water without a water use licence is also a criminal offence under the National Water Act, 1998, and allowing mines to do so without consequence undermines the entire regulatory system.
3. The Alliance is similarly concerned by a downward trend in the quality of water use licences being issued by the DWA.
4. While it is important for all outstanding water licence applications to be processed as soon as possible to remedy this unacceptable situation, it is also of great importance that water use licences only be granted to mines in cases where proper impact studies have been completed, where proper mitigation measures have been proposed and put in place and all required steps have been taken under the National Water Act, 1998. The Alliance is committed to challenging decisions to grant water use licences in violation of legal requirements.

Mining Is In My Community: Mining, Environment, Communities and Justice

1. See more information about a Film Screening and Panel Discussion on Experiences of Communities Affected by Environmental Impacts of Mining at Centre for the Book, Queen Victoria Street, Cape Town, 8:30 to 11:00, Wednesday, 8 February 2012 here.
2. On 6 and 7 February 2012, the Mining Indaba organisers refused to allow flyers of this event to be distributed to members of the media attending the Indaba, and confiscated the flyers on 7 February 2012.
3. It is curious that organisers of the multi-million rand Indaba, with its well-heeled delegates, are not prepared to allow a free flow of information around all of the impacts of mining.
4. It is also notable that there is no space at this event for the voices of communities living around mines to be heard. We challenge the organisers and funders of the Mining Indaba 2013 to allow communities affected by mining, for better or for worse, tell their stories, alongside the mining industry and government.

Contacts:

• Melissa Fourie (072 306 8888 or mfourie@cer.org.za) and Dina Townsend (083 444 8607 or dtownsend@cer.org.za), Centre for Environmental Rights www.cer.org.za
• Jacob van Garderen (082 820 3960 or Jacob@lhr.org.za) and Emma Algotsson (082 822 8415 emmaa@mweb.co.za), Lawyers for Human Rights www.lhr.org.za

For interviews, we can also put you in touch with any of the Alliance members, and particularly with community representatives who will be present at the Mining Is In My Community Film Screening and Panel Discussion on Wednesday.

ENDS

Media Invitation: Film Screening and Panel Discussion on the Experiences of Communities Affected by Environmental Impacts of Mining

Centre for the Book, Queen Victoria Street, Cape Town

8:30 to 11:00, Wednesday, 8 February 2012

For the past two years, there has been ongoing engagement between civil society, community organisations, academic institutions and law clinics increasingly concerned about the impacts of mining on the environment and on the communities that rely on those natural resources.  This coalition has now evolved into a Mining-Environment-Community Alliance that works together to implement a civil society legal strategy to promote environmental compliance, transparency and accountability in mining.

Every year, Cape Town hosts the Investing in African Mining Indaba, which describes itself as “the world’s largest gathering of miners, explorers, project developers, mining analysts, fund managers, investment specialists, financiers and many other professions.” Communities directly affected by the environmental impacts of poorly managed and poorly regulated mining are generally excluded from events like this. Therefore in 2012, the Mining-Environment-Community Alliance would like to create an opportunity for the voices of our community partners to be heard.

You are invited to attend a media event on 8 February 2012 at 8:30-11:00 at the Centre of the Book, Queen Victoria Street, Cape Town. Present at this meeting will be community representatives from communities across the country affected by mining, as well as some of the attorneys representing these communities.

The media event will entail three components:

1. The screening of four short films (more details about each of these films below).
2. A panel discussion with community representatives about their experiences.
3. A Q&A session with the community representatives and some of their attorneys.

Please RSVP to zmohammed@cer.org.za or 021 447 1647 by Monday, 6 February 2012.

Background on environmental impacts of poorly managed and poorly regulated mining

Unrehabilitated historic and existing mines are already causing significant environmental degradation and continue to do so. This can be seen in the examples of acid mine drainage on the West Rand and coal mines in Mpumalanga.

A flood of new mining applications that are processed through a woefully inadequate environmental licensing process, without adequate public participation, is further of great concern to the deterioration of the quality of our precious water and other natural resources.

The environmental, health and social impacts of mining are keenly felt by those communities who live and work in close proximity to the mines. As is often the case, it is marginalised and vulnerable communities that have the least power and ability to impact the decision making around mines.

Affected communities are particularly vulnerable to flawed consultation processes, a lack of access to information and inadequate provisions made for the rehabilitation of mines. There is further very little attempt made to hold those mining companies who violate the human and environmental rights of affected communities accountable, and regulators like the Department of Mineral Resources have been slow to respond to community concerns and requests for access to information.

Information on the films

All films will be downloadable before the media event from www.cer.org.za. The films have been produced by Green Renaissance, and cover stories from the following communities:

• Unrehabilitated coal mine on land of an emerging farmer near Belfast, Mpumalanga and impacts of mining at Wessleton outside Ermelo, Mpumalanga (Wessleton community)
• Risks of erosion caused by unrehabilitated clay mining near Tzaneen, Limpopo (Batlhabine community, Lenyenye, Limpopo)
• Impacts of illegal anthracite mining at Madadeni, near Malelane, Mpumalanga (Madadeni community)
• Holding De Beers Accountable: Ensuring proper rehabilitation pursuant to sale of Namaqualand Mine (Hondeklipbay community)

The films and the event are funded through a grant by the National Lottery Distribution Trust Fund.

Other communities and community organisations which will be represented include:

• Amadiba Crisis Committee, Wild Coast, Eastern Cape
• Davidsonville Community, Randfontein, Gauteng
• Earthlife Africa JHB Acid Mine Drainage Committee
• Mapungubwe Action Group, Limpopo
• Riverlea Community, Gauteng

Centre for Environmental Rights, www.cer.org.za, Tel 021 447 1647

Lawyers for Human Rights, www.lhr.org.za, Tel 012 12 320 2943

March to Parliament and Mining Indaba

After the Media Event, members of the media can also attend a march to Parliament and the Mining Indaba starting at 11:00, organised by the Environmental Justice Network www.ejn.org.za.

• 2011  – DA(WC) Groenewald – Q641 – PAIA Applications to the (a) Water Research Commission and (b) Trans Caledon Tunnel Authority since 1 December 2010 and relevant information.
• 2011 -  DA(EC) Van Lingen  – Q 640 – The number of PAIA applications the DWAE, SANParks, SA Weather Services and SANBI has received since 01/12/2012 and to what extent they were addressed.
• 2011 – DA Morgan  - Q 3802 – Why Morgan has not received any information regrading a PAIA request made to the DMR.
• 2011 – DA Davidson – Ministerial policy to responding to parliamentary Q&A’s
• 2011 – DA Marais  – 1905 – Questions pertaining to the appointment of a ministerial special advisor

Tomorrow, 24 January 2012, and 25 January 2012, Parliament will hold public hearings on the South African Weather Service Amendment Bill, 2011.

Many civil society and community organisations, including groundWork [1], the South Durban Community Environmental Alliance (SDCEA) [2], and the Vaal Environmental Justice Alliance (VEJA) [3], are particularly concerned about the offence the Amendment Bill proposes if an air pollution-related warning (which is not defined in the Bill) is issued without written permission from the South African Weather Service. If the Bill is passed in its current format, this offence is likely to have negative implications for the environment, public health, and particularly, civil society participation in environmental governance and community information dissemination.

Community organisations who conduct independent monitoring of air quality by sending samples for laboratory analysis, and advising the public (including through media releases) of the results of such analyses, face a R5 million fine and/or five years’ imprisonment for a first conviction of this offence. They can also be held liable for any loss or damage that arises as a result of the offence. This is despite the fact that such organisations disclose air pollution-related information in the public interest, and as a check and balance for air pollution information generated by major emitters such as Engen, Shell and ArcelorMittal, as well as by authorities.

There are other cases in which awaiting the Weather Services’ permission could undermine the protection of public health. For instance, an acute air pollution incident by industry in close proximity to a school requires speedy dissemination of information in order to evacuate the school urgently. In these and similar circumstances, it would not be appropriate to require permission from the Weather Service before alerting the school.

The offence created is also at odds with the National Environmental Management Act, 1998 (NEMA). Section 30 of NEMA obliges the reporting of certain incidents which may result in serious danger to the public or potentially serious pollution of or detriment to the environment, and does not require the Weather Services’ permission. Also, section 31 of NEMA – which, in certain circumstances, protects whistleblowers from prosecution if they disclose evidence of an environmental risk – does not require this permission.

Constitutionally, the offence well may impinge on the right to freedom of speech in terms of section 16 of the Constitution, as well as the environmental rights in section 24.

“Placing such draconian restrictions on how people make air pollution information publicly available, and criminalising such actions, is unconstitutional, and smacks of the heavy-handedness of the Protection of Information Bill,” warns Bobby Peek, Director of groundWork, Friends of the Earth, South Africa.

“Over the years there have been various oil refinery incidents which have resulted in air pollution events in south Durban that have affected peoples’ health.  Shell and Engen will be directly ‘protected’ by this Bill, as community people would not be able to make this air pollution event public knowledge – locally, nationally or globally,” comments Desmond D’Sa, Coordinator of the SDCEA.

“This Bill will further restrict community activism in places such as the Vaal, where major polluters such as Sasol, Eskom and ArcelorMittal regularly impact upon communities’ lives.  People will be scared to speak out against these companies and their air pollution,” warns Samson Mokoena, Coordinator of the VEJA.

The Centre for Environmental Rights [4], on behalf of groundWork, SDCEA, and VEJA, has made written submissions to Parliament calling for the deletion of the “air pollution-related warning” offence from the Bill [5], and will support these submissions with oral submissions in Parliament tomorrow, 24 January 2012.

For queries:

• about how the offence proposed by the Bill impacts the work of community organisations, contact Bobby Peek at groundWork: bobby@groundwork.org.za; 033 342 5662; 082 464 1383
• about legal aspects of the Bill, contact Robyn Hugo at the Centre for Environmental Rights: rhugo@cer.org.za;  021 447 1647; 082 389 4357

Footnotes:

[1] groundWork, Friends of the Earth South Africa, is a environmental justice organisation working with community people from around South Africa and increasingly in Southern Africa on environmental justice and human rights issues focusing on air pollution, waste (including health care waste) and corporate abuse. groundWork is a member of Friends of the Earth International. www.groundwork.org.za

[2] SDCEA is an environmental justice organisation based in south Durban. It is made up of 16 affiliate organisations, and it has been active since its formation in 1996. It is considered successful for many reasons, one of which is that it is a vocal and vigilant grouping in terms of lobbying, reporting and researching industrial incidents and accidents in this area. It contributes to the struggle against environmental racism for environmental justice and environmental health.

[3] VEJA is a non-racist, non-sexist democratic alliance of empowered civil society organisations in the Vaal Triangle, who have the knowledge, expertise and mandate to represent the determination of the communities in the area to control and eliminate emissions to air and water that are harmful to these communities and to the environment.

[4] The Centre for Environmental Rights is a law clinic established in 2009 by 8 non-governmental organisations in the environmental and environmental justice sectors to provide legal expertise and support to communities, community and civil society organisations. Its mission is to advance environmental rights, and to promote civil society participation in environmental governance that is stronger, more streamlined, and better legally and scientifically equipped. www.cer.org.za

[5] The submissions are available at: http://cer.org.za/wp-content/uploads/2012/01/CER-Letter-to-PPC-re-SAWS-Amendment-Bill-2011_12-January-2012_final.pdf

Court: Supreme Court of Appeal
Case Number or  Citation: Eye of Africa v Nicola Shear (863/10) [2011] ZASCA 226 (30 November 2011)
Date of judgement: 30 November 2011
Judge/s: Heher, Mhlantla and Seriti JJA (judgement written by Seriti JA)
Type of application:
Legislation considered include: National Environmental Management Act, 1998; National Water Act, 1998; Environment Conservation Act, 1989
Download the SCA judgement in PDF here.

Court a quo: South Gauteng High Court
Case Number or  Citation: 09/24998
Date of judgement: 18 June 2010
Judge/s: Lamont, J.
Type of application:
Legislation considered include:
Download the South Gauteng High Court judgement in PDF here.

Media coverage: Lesson for developers in Eye of Africa case, Business Day, 19 January 2012

Photo: groundWork

On 12 January 2012, the Centre for Environmental Rights made submissions to the Parliamentary Portfolio Committee on Water and Environmental Affairs on the South African Weather Service Amendment Bill, 2011 on behalf of groundWork, the South Durban Community Environmental Alliance and the Vaal Environmental Justice Alliance.

Many civil society and community organisations are particularly concerned about the offence the Amendment Bill proposes if an air pollution-related warning (which is not defined in the Bill) is issued without written permission of the South African Weather Service. For the reasons we set out in the submissions, if the Bill is passed in its current format, this offence is likely to have negative implications for the environment, public health, and particularly, civil society participation in environmental governance.

Public hearings on the Bill will be held in Parliament on 24 and 25 January 2012.

The South African Weather Service Act, 2001, as well as the South African Weather Service Amendment Bill, 2011 are available here.

Read more about the Centre’s work on pollution, waste and land use here.