House of Assembly: Vol38 - WEDNESDAY 29 MARCH 1972

WEDNESDAY, 29TH MARCH, 1972 Prayers—2.20 p.m.

APPROPRIATION BILL

(Second Reading) The MINISTER OF FINANCE:

Mr. Speaker, I move—

That the Bill be now read a Second Time.

Over the past few weeks there has been much debate, both in this House and outside, about our economic position and prospects. Some have painted a gloomy picture of our economic future; others with more faith and, I believe, more reason, have taken a more optimistic view. All are agreed, however, that prosperity and growth will not be attained without effort; hard work and good judgment will be required from the Government, from our economic leaders, and indeed from all members of the community. The Government is determined to make its contribution, and this Budget is designed to give direction and impetus to the national drive for a more prosperous South Africa.

As is customary, I shall start with a review of our present economic situation. This matter has already been extensively discussed in recent debates, and since I should like to devote a little more time to an evaluation of the problems facing our economy and the measures required to solve them, I shall follow the precept of Polonius in Shakespeare’s “Hamlet” where he said—

“Therefore, since brevity is the soul of wit, And tediousness the limbs and outward flourishes, I will be brief.”

General Economic Conditions

The growth rate of the gross domestic product in 1971, after allowing for price changes, was approximately 4 per cent. This relatively low rate (for South Africa) is due principally to a slight decline in mining production (chiefly gold and platinum) and to a relatively small increase of 3 per cent in manufacturing production. It would appear that there was an actual decline in manufacturing production per man-hour between December, 1970 and November, 1971. Agricultural production and transport services, on the other hand, increased more rapidly than in 1970. Activity in the construction industry tended to level off during 1971, but wholesale and retail trade recovered substantially from its relatively low level at the beginning of the year.

On the expenditure side, the anti-inflationary measures of the authorities succeeded in reducing the real rate of increase in gross domestic expenditure from 9 per cent in 1970 to about 4 per cent in 1971— that is, to a rate comparable to that of the gross domestic product.

Private consumption expenditure rose slowly during the first half but more rapidly during the second half of 1971; the real rate of increase over the year was about 4½ per cent.

Salary and wage increases were largely responsible for an increase of 20 per cent in current expenditure by general government during 1971. If the effect of price increases, including salary and wage adjustments, is excluded, the increase was about 9½ per cent.

Fixed investment rose by 15 per cent in 1971 as against 19 per cent in 1970. It is encouraging to note, however, that there was a substantial increase—no less than 34 per cent—in fixed investment by private manufacturing industry. This item has now shown a marked improvement in two successive years, and it is estimated that the capital assets of the private manufacturing sector, measured in constant prices, increased by 10 per cent in the two-year period 1970-’71. There were also large increases in capital investment by the provincial administrations and the South African Railways.

Investment in inventories was still large in 1971, though slightly less than in 1970. Savings continued to fall short of investment requirements and the ratio of gross domestic saving to gross domestic product declined from nearly 24 per cent in 1969 to 22 per cent in 1971.

The slower rate of growth in the economy led to an easing of the tight labour situation; employment increased more slowly and there was a slight rise in registered unemployment—which still remains, however, at a very low level. Despite this easier trend, average salaries and wages of non-agricultural workers were more than 10 per cent higher during the first nine months of 1971 than during the corresponding period of 1970.

Recent trends in prices have been discussed at length in this House, but for the record I shall mention that the index of consumer prices over the year 1971 was 5,7 per cent higher than the corresponding figure for 1970, and that this relatively high rate of increase was largely due to increases in indirect taxes and certain State-administered prices during the early part of 1971. In the fourth quarter of 1971 there were also some increases in the prices of imported goods as a result of upward adjustments in the exchange rates of some of our trading partners. Wholesale prices of imported goods rose, in fact, by 5,8 per cent in 1971 as compared with 3 per cent in 1970.

The latest available figures show that, over the period September, 1971, to January, 1972, the seasonally adjusted consumer price index increased at an annual rate of 5,2 per cent.

Balance of Payments

During 1971 the South African economy was strongly influenced by the balance of payments, which in its turn was much affected by external events, in particular the uncertainty regarding exchange rates which persisted during most of the year and which became acute in the months preceding the general realignment of currencies in December.

As a result of the anti-inflationary measures of the authorities and the consequent slower growth of consumption, imports increased more slowly during the first three quarters of 1971 than in the previous year. Exports showed only a limited improvement, rising by 4 per cent over their 1970 level. The net result was that the balance of payments on current account showed a gradual but steady improvement during the first three quarters of 1971. Since the inflow of foreign capital remained at a high level no special additional measures appeared at that time to be called for in order to rectify the balance of payments.

The accentuation of exchange rate uncertainty after August, 1971, however, significantly changed the situation. Fears of a depreciation in the rand along with the United States dollar gave rise to an increase in imports, a diminution in the inflow of capital, accelerated payments for imports and delays in payment for exports, resulting in a rapid fall in the gold and foreign exchange reserves from R645 million at the end of August to R570 million at the end of November. In these circumstances the Government was forced in November to intensify import restrictions. On 21st December, after the general realignment of major currencies had been announced, the rand was devalued by approximately 12,28 per cent to a new parity equivalent to R28-50 per fine ounce of gold.

The reasons for the devaluation have been explained many times and here it will be sufficient to sum them up very briefly as follows—

  1. (1) the need to give an additional measure of protection and stimulus to South African secondary industry, particularly in view of the unused productive capacity and the easier labour situation which developed during 1971;
  2. (2) the desirability of placing our export trade in a stronger position to compete on world markets, especially in view of the prospective entry of Britain into the European Economic Community;
  3. (3) the necessity of giving an added stimulus to the gold-mining industry;
  4. (4) the desirability of giving a general boost to the economy in order to achieve a rapid rate of economic growth; and
  5. (5) above all, the need to achieve a substantial and lasting improvement in the balance of payments on current account.

Over the year 1971 as a whole merchandise imports reached the record level of R2 888 million, and the deficit in the balance of payments on current account amounted to no less than R1 005 million. There was a substantial inflow of capital —R564 million to the private sector and R199 million to the central Government and banking sector, a total of R763 million—so that the gold and foreign exchange reserves declined over the year, as a result of balance of payments transactions, by R242 million. If account is taken of the second allocation of Special Drawing Rights (R15 million), the profit of R2 million on the revaluation of the Swiss franc in May, 1971, and the profit of R69 million consequent upon the realignment of currencies in December, the reserves actually declined over the year by only R156 million to a level of R651 million.

Since devaluation the balance of payments appears to have performed moderately well, though the statistical evidence is not yet conclusive. On the one hand, the total gold and foreign exchange reserves (excluding the new allocation of Special Drawing Rights) declined in January by R21 million—the latest available figure. The gold and foreign exchange reserves held by the Reserve Bank, on the other hand, rose from R375 million on 17th December to R539 million on 17th March. Of this increase of R164 million, an amount of R55 million was accounted for by the revaluation of the Reserve Bank’s foreign reserves following upon the devaluation of the rand, and R28 million by a new allocation of Special Drawing Rights, leaving a balance of R81 million due to balance of payments transactions. This compares with a fall of R103 million in the period from the end of September to 17th December, 1971. While the improvement was doubtless due in part to capital inflows and a reversal of leads and lags in payments for imports and exports, it is significant that imports declined from a seasonally adjusted annual rate of R2 933 million in December to R2 792 million in January and R2 675 million in February. Import control will, of course, also have influenced these figures.

Monetary and Banking Conditions

The quantity of money and near-money increased during 1971 at a slower rate than the gross domestic product at current prices, so that the ratio between these two quantities declined from 30,8 per cent in 1970 to 29,7 per cent in 1971. Substantial increases in bank credit to the Government and private sectors were offset to a considerable extent by the deficit in the balance of payments. The increase in bank credit to the private sector was, however, largely the result of increased cash credits extended by the Land Bank for the financing of crops. Apart from a relaxation of 2 per cent in respect of credit for agricultural purposes, the credit ceilings were, in general, strictly applied during 1971. During January 1972 the seasonally adjusted quantity of money and nearmoney declined by R13 million.

Short-term interest rates fluctuated appreciably over the year 1971 but showed a general upward trend. The capital markets remained tight and, although the increase in the rate of interest on long-term Government stocks to 8½ per cent per annum (as announced in my previous Budget) enabled the Government to achieve a fair measure of success in its local borrowing operations, it was still unable to obtain all the funds it required from non-bank sources. Since the end of 1971 conditions in the capital market appear to have improved and the Government loan issued last January was more successful than had been expected. In part, however, this must be ascribed to the stricter conditions imposed last year on insurance companies and pension funds regarding minimum holdings of government stocks and other prescribed investments.

While building societies experienced a generally satisfactory inflow of funds during 1971, there was a marked decline in this inflow in January and February 1972. Moreover, the margin between the average interest cost of funds for the societies and the average interest earned on mortgage loans seems to have narrowed to a level which cannot easily be maintained.

Economic Prospects and Policy.

In the economic situation which I have briefly described, the principal aims of government policy are clear.

  1. (i) Improvement in the balance of payments.
Since external factors were mainly responsible for the situation which developed towards the end of last year and which forced the Government to intensify import restrictions and later to devalue the rand, first priority must be given to the improvement of the balance of payments, in particular the reduction of the large deficit on current account, and the rebuilding of our external reserves to a safer level.
  1. (ii) More rapid rate of growth.
While the rate of growth of the gross domestic product (in real terms) during 1971 was not low by international standards, it is the aim of Government policy to increase this rate of growth to the highest level compatible with our available resources and productive capacity and with the first objective which I mentioned. Naturally, this objective must be pursued within the particular social and economic structure of the South African community.
  1. (iii) Curbing of inflation.
It is still a major aim of policy to curb inflation, and this objective is doubly important if we are to reap the benefits of devaluation, since undue price and cost increases would impair our competitive position in domestic and foreign markets.

In present circumstances and in the short run, there is inevitably some conflict between these objectives—for example, between maximum growth on the one hand, and price stability and balance of payments equilibrium on the other. It is therefore necessary to achieve a balance in the application of the various measures required to achieve these aims.

Nevertheless, there are various positive factors which should be of material assistance in our task.

The first is that we have been blessed with a favourable agricultural season, so that production in many branches of farming, both for the local market and for export, should reach high levels this year. This is indeed a cause for thankfulness.

Secondly, there has already been an improvement in the markets for some of our export products, particularly agricultural and mining products. If, as many expect, economic growth in Europe and North America should accelerate, this improvement should continue. It is not always realized how adversely the Republic’s export trade was affected in 1971 by lower prices in world markets, and how much this contributed to the deterioration in our balance of payments. Declines were registered in the world prices of iron ore, platinum, nickel, copper, wool, coal, diamonds and several other products so that the South African exporter must have felt with Shakespeare that—

“When sorrows come, they come not single spies But in battalions.”

Now, and of course especially since devaluation, the situation for many of these export products looks distinctly more promising.

Thirdly, the high price of gold on the private market which has now persisted for several weeks is obviously of benefit to the whole economy. It is impossible to predict whether the price will remain at the present level, but the continuance of at least a moderate and steadily increasing premium on the official price seems probable.

Fourthly, the productive capacity of manufacturing industry has been considerably expanded in the past two years, and some portion of this capacity is still underutilized. Moreover, the labour position is definitely easier than it was a year or two ago. It should, therefore, be possible with existing resources to expand production quite appreciably without undue inflationary effects.

A fifth positive factor is that the heavy Government expenditure on infrastructure services during the past few years will enable these services to cope with some expansion of production with reasonable adequacy.

I should also like to question the widelyheld view that the advantages gained by devaluation are necessarily short lived and must be exploited with all possible speed before they disappear. In fact, the advantages disappear only if price increases in South Africa are greater than those of our trading partners. It is therefore of the utmost importance that the expected more rapid growth in the economy should not be stimulated to such an extent as to cause unnecessary pressure on our labour and capital resources. A balanced programme of action is necessary, not a hasty, reckless dash for growth at any cost.

Nevertheless, the time has come to implement such a co-ordinated programme of action without delay. As Brutus said in Shakespeare’s “Julius Caesar”—

“There is a tide in the affairs of men, Which, taken at the flood, leads on to fortune; Omitted, all the voyage of their life Is bound in shallows and in miseries.”

Programme of Action

  1. (1) Fiscal policy.

The first element in this programme is fiscal action. Details will have to wait until later in this Budget Speech, but broadly it is clear that we must aim at substantially reducing the rate of increase in State expenditure, especially on services which do not contribute directly to the economic infrastructure, and at financing expenditure as far as possible from non-inflationary sources. Furthermore, the tax system must be revised so as to remove unnecessary obstacles to growth and to promote production and export wherever possible.

  1. (2) Credit and monetary policy.

Monetary and credit policy is also of great importance. The Governor of the Reserve Bank announced earlier today that the banks will be allowed to exceed the ceiling figures applicable to their discounts and advances by 5 per cent, and those applicable to their investments by 10 per cent, in order to permit a somewhat greater volume of credit for production and export purposes. In this connection I should like to express the hope that sympathetic consideration be given by the banks to credit for the beneficiation of base minerals, a sphere in which our export prospects appear particularly promising.

As the Governor explained, the relaxation of credit control is likely to give rise to keener competition among banking institutions for deposits, which might tend to counteract any tendency towards an easing in the genera] level of interest rates which may develop in the coming months. Such competition might furthermore force the building societies to increase their lending rates on mortgage bonds. It has therefore been deemed advisable to prescribe maximum interest rates payable by banks and building societies on deposits and building society shares. These maximum rates, as announced by the Governor, will take effect tomorrow.

If interest rate control is to operate effectively, however, it must also be applied to certain other types of financial transactions which are similar to, or directly in competition with, deposits with banks and building societies. As from tomorrow, therefore, the rate of interest payable on participation bond schemes may not exceed 8½ per cent per annum. The same maximum rate of interest will apply to loans or deposits received by persons or companies (other than banks and building societies) who act as financial intermediaries, i.e. who lend the money so received to members of the public. This includes debentures issued by subsidiaries of banks. The necessary regulations will be gazetted today. The maximum rates will not affect existing loan or deposit contracts until they expire, but will apply to all new contracts concluded as from tomorrow.

The controls are not designed to force down interest rates to unrealistic levels. If the balance of payments improves and the inflow of foreign capital continues, it is quite possible that internal liquidity will increase to such an extent that interest rates will tend to decline—a softer tendency has already been noted in the capital market. The authorities will therefore review the position from time to time.

Among the institutions which should benefit substantially from these controls are the building societies. The societies have already received exceptionally favourable treatment from the authorities in many ways, and I trust that they will find it possible to fulfil adequately their function of assisting the ordinary man to build or acquire a house. While I am aware of the limitations imposed upon the societies in respect of the granting of large mortgage loans, I wish to appeal to them to devote a greater proportion of their funds to more modest housing for the ordinary man and less to luxury housing for the well-to-do. The Technical Committee on Banks and Building Societies will give further attention to this and other matters affecting the position of the societies in our financial structure.

The same Committee is also considering changes in our credit control methods with a view to the eventual replacement of the credit ceiling by other measures. This study is, however, not yet completed.

Another aspect of credit policy which requires attention is the exchange control restriction on foreign borrowing by private firms. The complete lifting of this control cannot yet be contemplated since this would tend to neutralize the internal control of credit, but the Reserve Bank will continue its recent policy of adopting a somewhat more lenient attitude on a selective basis, towards applications for foreign borrowing for important industrial or mining development. This policy should not only make a significant contribution to the development of the industries concerned, but should also strengthen the balance of payments, relieve the pressure on the domestic capital market and so exert a downward pressure on interest rates.

  1. (3) Promotion of saving.

Greater saving is essential if we are to combat inflation effectively and finance the expansion of our economy, and further attention has been given to the channels of saving provided by the State. Measures to streamline the Post Office Savings Bank and make it more attractive to investors must await the computerization of the Savings Bank, which should be completed next year. As regards National Savings Certificates, certain important simplifications and improvements will be introduced. A new series will be issued on 1st August, 1972, carrying a rate of interest of 7,4 per cent per annum if held to maturity, i.e. for five years. Interest will be free of income tax up to a maximum investment in this series of R15 000 per person, irrespective of any other holdings of tax-free investments. Certificates of a value up to R10 may be freely bought and repaid at post offices without the completion of any forms; in other words, these will be bearer certificates and not registered in the name of the depositor. The higher denominations of certificates will, however, as at present, be registered in the name of the holder. Further details will be announced in due course. I feel sure that these investments will prove a convenient and attractive form of investment, especially for the salary– and wageearner.

As a further incentive to saving, the Government has decided to launch a home-owners’ saving scheme. The scheme is designed to encourage middle- and lower-income groups to save so as to acquire a house for their own occupation, and the Government will help by contributing 2 per cent interest on such savings annually. All persons who earn not more than R5 000 per annum will be able to join the scheme by opening a special State-assisted home-owners’ savings account with a building society. Savings in such an account can accumulate up to R4 000, and will bear interest at the current building society rate (at present 6½ per cent) plus 2 per cent payable by the State. The interest will be tax-free. The savings may be withdrawn at any time after 18 months for the erection or purchase of a dwelling, but withdrawals for any other purpose will entail loss of the subsidy. The value of the dwelling erected or purchased, including the cost of the site, may not exceed R16 000 and the building society loan may not exceed R12 000. Details of the scheme will be announced by my colleague, the Minister of Community Development. I am convinced that this scheme will not only encourage saving but will be of real assistance to our young people in acquiring a home. It should also strengthen the position of the building societies and place them in a better position to resist upward pressure on their lending rates.

  1. (4) Labour policy.

Although the labour position has eased, skilled labour remains a scarce factor and, if the economy should resume a rapid rate of growth, shortages of labour may again appear. This problem therefore requires continued attention.

To a large extent the improvement of productivity is a task for private enterprise. Productivity can be increased by the private sector through the full utilization of the opportunities already created by the Government. For example, the Industrial Conciliation Act was amended to provide for a levy on employers in a particular industry out of which compensation could be paid to those firms which train labour; this amendment was designed to encourage the training of labour by the private sector itself, and is effectively used in certain industries such as the engineering, building and clothing industries. Much greater use can, however, still be made of this scheme. Productivity can also be increased by the further use of those recommendations of the Geyser Committee which were accepted by the Government and announced in the White Paper on the Decentralization of Industries. Much can be achieved, as the Railways Administration has shown, where the employers’ organizations can obtain the co-operation of the trade unions for the reclassification of work categories so as to permit of the more effective use of both skilled and unskilled workers.

Within our basic social structure the Government’s attitude towards labour problems remains flexible. In present circumstances, for example, a concession may be justified where additional Bantu labour is required to permit greater use of unutilized productive capacity. The authorities will, therefore, be prepared to consider allowing industry in the Pretoria-Witwatersrand-Vereeniging and other urban areas to employ additional Bantu labour in order to work multiple shifts, even where the ratio of Bantu to White labour exceeds 2,5 to 1. Naturally this concession can only be granted on a selective basis (particularly for export industries) and with due regard to factors such as the availability of housing and transport, but nevertheless it can make a significant contribution to the better use of productive capacity.

The authorities will furthermore be prepared to allow a company or group of companies which wishes to move one or more of its activities to the decentralized areas, to retain its total quota of Bantu labour in the White metropolitan areas. This concession should encourage the creation of new job opportunities for Bantu in the Bantu or border areas.

I wish to emphasize that the Government is always prepared to consider adjustments of labour policy within the basic framework of our society, in order to promote efficiency and productivity. The rigidity of our labour laws is, in fact, often exaggerated. Work reservation, for example, is in certain cases essential for the protection of the White or Coloured worker and the preservation of industrial peace, but it is applied with great flexibility and exemptions are granted where justified. The Government has done and will do its part, but private enterprise must also make its contribution to increased productivity. It can do much, for example, by the in-service training of Bantu labour as well as by the fuller use of the facilities which I have mentioned.

Immigration is another field where the State and the private sector can work together to increase our productive labour force. Although the number of immigrants entering the country tended to decline during the earlier part of last year, there was a noticeable increase during the last quarter of 1971, probably on account of less favourable economic conditions in European countries. Judging by the number of applications received this year, this trend is continuing. The prospects for 1972 thus appear favourable and, as in the past, continued efforts will be made—without, however, sacrificing principles or standards—to extract the maximum benefit for the Republic from this situation in order to strengthen further our skilled labour force.

  1. (5) Wage policy.

In order to make the best use of devaluation, it is of the greatest importance that cost increases should be kept to a minimum, and in this regard the Government is confident that, as in the past, organized labour will exercise moderation and responsibility in wage negotiations. It should be borne in mind that, in the past five years, total real wages and salaries have increased at an average annual rate of 7 per cent, whereas the real net operating surplus (i.e. mainly profits) of all sectors excluding agriculture increased over the same period at an average rate of only 2 per cent per annum. Average wages and salaries have certainly risen more rapidly than consumer prices, while total remuneration of employees, expressed as a percentage of gross domestic product, has increased from 56 per cent in 1967 to about 62 per cent in 1971.

It should not be assumed that steep price increases are inevitable in the coming months and consequently justify sharp increases in wages and salaries. Careful estimates have shown that the devaluation of the rand should not in itself involve an increase of more than 2.7 per cent in the consumer price index—1,3 per cent directly as a result of a rise in the prices of imported consumer goods and 1,4 per cent indirectly in consequence of the higher cost of production goods. This makes no allowance for a possible increase in the domestic price of goods which are also exported at world prices, but the influence of this factor is likely to be small in the aggregate.

Taking into account also its anti-inflationary and price control policies, therefore, the Government feels that moderation in wage demands is fully justified in the national interest and in the long-term interest of the workers themselves. Increases in wages without a corresponding increase in productivity must strengthen the upward pressure on costs and prices to the detriment of the community as a whole and without lasting benefit to the wage-earners.

  1. (6) Price control.

The extension of price control after the intensification of import restrictions and the devaluation of the rand helped to protect the public against excessive price increases not justified by increased costs flowing from these events. The indefinite continuation of the additional price control measures would, however, be harmful to the economy and would tend to restrain production, while it would involve a heavy administrative burden for the State and the private sector.

When, therefore, devaluation has exerted its full once-for-all effect on prices, the Government will give consideration to the replacement of these price control measures by a system of continuing consultation with organized commerce and industry, with the object of preventing unjustified price increases.

  1. (7) Import control.

Although the intensification of import control last November was designed to relieve the pressure on the balance of payments and was not intended as a permanent instrument of protection for local industry, the Government has already stated that South African industrialists will not be left unprotected against foreign competition. Adequate protection is essential to promote confidence and growth in the economy.

The customs tariff must remain the principal instrument of protection, and my colleague the Minister of Economic Affairs has already announced measures to grant adequate protection by this means in the changed international environment which has been created during the past year or two. In those cases where the Government’s commitments under the General Agreement on Tariffs and Trade prevent it from extending effective tariff protection to industry, import restrictions will have to be retained until such time as the Government can succeed in obtaining the necessary freedom under the GATT to carry out its policy.

As regards the intensified restrictions imposed on 25th November, the Government is giving consideration to possible relaxations which can be introduced when the current balance of payments shows a significant improvement. These import control relaxations will, however, be carried out in such a way as not to cause disruption to local industry.

  1. (8) Export promotion.

It is of paramount importance that our exports should be increased. Here again this is primarily a matter for the private sector, but the Government will do all in its power to assist. The whole question of South Africa’s export trade is at present being considered by a Commission of Inquiry under the Chairmanship of Professor H. J. J. Reynders, and this Commission has recently submitted an interim report containing certain urgent recommendations for the promotion of exports. The recommendations relate to tax concessions, which I shall deal with later, and export financing, which is still receiving attention. I can say here, however, that in all its policies the Government will give the utmost consideration to the encouragement of exports.

  1. (9) Credit restrictions on the sale of motor-cars.

The motor-car industry has been going through a difficult period, with sales at a comparatively low level just at the time when considerable investments in connection with the programme for local manufacture had been made. I believe that some relaxation in the credit restrictions on the sale of passenger motor-cars is justified and will assist this important industry to recover its prosperity. The minimum down payment on such sales will therefore be reduced from 40 per cent to 33 1/3 per cent, with immediate effect. This applies only to passenger cars and not to commercial vehicles.

  1. (10) Relaxation of Building Control.

Building control was instituted in order to channel as much building activity as possible into the erection of dwellings and flats. The position has now changed and the housing position can be satisfactorily dealt with without such control. In order to give greater freedom to the industry, the Government has decided to suspend building control. From the end of this month, therefore, it will no longer be necessary to submit applications for building permits to the Department of Community Development.

The plan of action which I have outlined is designed as a balanced programme to promote the three major aims which I mentioned earlier, namely, improvement of the balance of payments, more rapid economic growth, and price stability. Not everyone will agree with the emphasis placed on the different measures, and indeed the programme is capable of adaptation in the light of experience. I believe, however, that if we proceed on these lines, we shall reap the maximum benefit from, and minimize the adverse effects of, the devaluation of the rand. We shall then have cause to say, with the Duke in Shakespeare’s “As You Like It”—

“Sweet are the uses of adversity, Which like the toad, ugly and venomous, Wears yet a precious jewel in his head.”

The Financial Year 1971-’72

I turn now to the State’s accounts and I deal first with the financial year which is now drawing to a close.

Inland Revenue receipts for the year are expected to amount to R1 682,8 million, which is close to the original estimate. Receipts from customs, excise and sales duties will, however probably show a shortfall of R60 million, and are now estimated at R760,4 million. This is principally due to lower receipts in respect of import duties and of excise duty on liquor and motorcars, arising from consumer resistance to the higher duties imposed last year and from the general cooling down of the economy. Expenditure, on the other hand, is expected to amount to R2 520 million, or R32 million above the original estimate, chiefly as a result of higher expenditure on food subsidies (R7 million), the subsidy on fertilizer (R5 million), soil conservation and pest control (R9 million), contributions to pension and provident funds (R6 million), and additional provision for the Coloured Representative Council (R6 million).

In my previous Budget Speech I provided for the transfer of an amount of R39.1 million from Revenue to Loan Account. This is no longer necessary and steps will be taken to cancel the transfer. If account is also taken of the opening balance of R72.5 million, the Revenue Account should show a small deficit of R4,3 million at the close of this financial year.

On Loan Account, expenditure is estimated at R875 million, or R14,6 million more than the original figure, due principally to increased provision for telecommunications, public works and the Community Development Fund. As I mentioned earlier, however, our domestic issues of Government stock have been more successful than anticipated and the Loan Account should end the year with a surplus of R26,1 million.

I propose that the usual contribution of R5 million be made to the Loan Fund for the Promotion of Economic Co-operation, and that on this occasion the payment be made from the surplus on Loan Account, leaving a balance of R21,1 million in the Account.

On Revenue and Loan Accounts combined, there is therefore a net surplus of R16,8 million.

On the South-West Africa Account, both revenue and expenditure are expected to be slightly below the original estimate and the Account will end the year with a deficit of approximately R14,7 million, which will have to be met from Revenue Account.

The Financial Year 1972-’73

Expenditure

The Estimates of Expenditure from Revenue and Loan Account together provide for a sum of R3 545,4 million, which is R197,2 million or 5,9 per cent above the corresponding figure for 1971-’72. In my earlier remarks I said that we must aim at substantially reducing the rate of increase in State expenditure, and clearly we have succeeded in this objective. This success was, however, only achieved at the cost of great sacrifices by my colleagues, and I wish to pay tribute to their loyal co-operation in this endeavour.

Revenue Account

The printed estimates which I shall lay upon the Table make provision for expenditure of R2 745,5 million on Revenue Account, which is R225.5 million or 9 per cent above the revised estimates for the current year. The increase would have been substantially lower were it not for a number of items which are virtually unavoidable, such as the subsidy on Bantu passenger transport, interest and management charges on public debt, payments to neighbouring countries under the Customs Union Agreement, payments to farmers under the stock reduction scheme, food subsidies, subsidies to Universities, provision for the Coloured Persons Representative Council, and pensions—increases in respect of these services account for R93 million. There is also a substantial increase of R51 million under the Bantu Administration and Development Vote, but this is partly due to the fact that certain services previously performed by the Bantu Trust with funds provided under Loan and Bantu Education Accounts are now entrusted to the recently established governments of the Bantu areas which obtain funds from the Revenue Vote.

Provincial subsidies under the formula introduced last year show an increase of R63 million or 8,8 per cent above the revised estimate for 1971-’72.

Social Pensions

Although I have had to turn a deaf ear to nearly all requests for increased expenditure, I think that an exception must be made in the case of social pensions. As was said by Portia in Shakespeare’s “Merchant of Venice”—

“The quality of mercy is not strain’d; It droppeth as the gentle rain from Heaven. Upon the place beneath.”

Our means are limited, but we must do what we can for the aged and others who, through circumstances, are facing financial hardship.

I propose that the basic social pensions and allowances for White persons be increased by R3 per month. Settlers’ allowances will be adjusted accordingly.

The war veterans’ pension consists of a basic old age pension plus an amount of R8 per month for war service. The latter amount has remained unchanged for many years and I think an increase to R10 is justified. War veterans will thus receive a total increase of R5 per month.

For war pensioners, I propose an increase in the bonus payable by 7½ per cent, i.e. to 25 per cent.

I also feel that beneficiaries under the Children’s Act are entitled to some relief in respect of their schoolgoing children. It has accordingly been decided to increase the additional social benefits specially payable in respect of such children by R1 per month per child.

Furthermore, a thorough investigation into the whole question of maintenance grants payable under the Children’s Act would appear to be appropriate at this stage. The Government has accordingly decided to have the whole matter of the payment of such grants to all the population groups properly investigated, with particular reference to the possible abuse of this grant in respect of illegitimate children. The necessary arrangements in this connection are at present being made.

In order to simplify administration it is further proposed to introduce a uniform consolidated scale for the calculation of income and assets in the application of the means test to all pensioners. Details will be announced by the Department of Social Welfare and Pensions. In general, the changes will be of considerable benefit to those pensioners who do not at present receive the maximum pension, while a number of persons previously excluded by the means test will now qualify for a pension. For example, a person with an income of R984 can now qualify for the minimum pension. “Free” assets not taken into account for determining the pension are increased from R4 800 to R9 800.

It is furthermore proposed to increase the per capita allowance to children’s homes and foster parents by R5 per month.

These concessions make it necessary to increase the minimum pensions payable to civil and railway pensioners by R6 per month for married and R3 per month for unmarried persons.

Similar concessions, at the applicable scales, are proposed for non-White pensioners.

In order to give the Department time to make the necessary arrangements, all these concessions will take effect from 1st October, 1972.

Chronically Sick Aged

The Department of Social Welfare and Pensions at present grants special additional subsidies to institutions for the aged in respect of chronically sick and infirm aged persons in their care. These subsidies are, however, inadequate to cover the additional cost involved and it is proposed to increase the subsidy in respect of chronically sick aged by R20 per person per month and for infirm aged (who do not require quite so much attention) by R5 per month. These increases will take effect from 1st April, 1972.

Pneumoconiosis Pensions

Several increases in pension benefits payable under the pneumoconiosis legislation have been granted in recent years. Widows of deceased mine-workers received an increase last year. The Government has nevertheless decided to grant a further increase this year, with effect from 1st October, 1972, to all mineworkers and widows entitled to monthly pensions. Details will be announced later by the Minister of Mines.

Mentally Retarded Children

I think that an increase is justified in the allowance paid by the Department of Health in respect of mentally retarded children in day centres, and I propose an increase of 75 cents per child per school day, i.e. to R1 instead of the present allowance of 25 cents. This will take effect from 1st April, 1972.

The total cost to the Exchequer in 1972-’73 of all these social concessions is estimated at R12 million.

Contribution to Civil Service Medical Benefit Association

Membership of this Association is now a condition of service and the Government contributes to the Association at the rate of R1,50 for every R1 subscription paid. In view of increasing medical costs it is likely that the Association will shortly have to increase its subscriptions and provision for an additional contribution by the State will then be necessary. The cost in 1972-’73 will be R1,3 million.

Total expenditure on Revenue Account, including all the concessions which I have mentioned, will amount to R2 758,8 million.

Revenue, 1972-’73

It is always a difficult task to estimate revenue, and this year the task is exceptionally difficult because of the many uncertainties involved. Indeed, I wish that the Treasury had at its disposal the services of the witches in Shakespeare’s “Macbeth,” who could—

“… look into the seeds of time And say which grain will grow and which will not.”

Customs revenue is almost certain to be below the level of the current year because of lower imports. Revenue from excise duties fell considerably short of expectations in 1971-’72 because of lower sales of excisable goods, but experience has shown that consumer resistance to increased duties and higher prices tends to wear off after a time, and the expected revival of economic activity should also help to increase sales and revenue. After a detailed study of each item I estimate the revenue from customs, excise and sales duties at R760,7 million, which is approximately the same as the revised estimate for the current year.

Inland revenue is equally difficult to estimate. Premium gold sales should increase the receipts from gold mining taxation, but to some extent this will be counteracted by increased costs and by a reduction in the grade of ore mined. If economic activity shows the expected revival, the incomes of companies and self-employed persons as well as of employees may increase appreciably, but income tax revenue from the first two categories need not rise proportionately; this is because provisional tax payments can be based on the income of the previous year and the additional tax liability need only be met on assessment, which will in very many cases only be made in the following year. Taking all these factors into account, and perhaps erring slightly on the conservative side, I estimate the receipts from Inland Revenue at R1 800,9 million, or 7 per cent above the revised estimate for 1971-’72.

Until a few years ago the revenue from transfer duty was credited to Revenue Account. In 1966, however, in order to strengthen the Loan Account, it was decided to transfer the proceeds of this duty to that Account. There is no compelling reason for this to he continued and, in view of the present need of the Revenue Account, I propose that transfer duty be restored to the latter account. The estimated revenue from this source in 1972-’73 is R45 million.

The total revenue from customs, excise and sales duties and inland revenue (including transfer duty) is then R2 606,6 million, as against the estimated expenditure of R2 758,8 million. After making provision for the deficit on Revenue Account for 1971-’72 (R4,3 million) and the amounts required to meet the deficits on the South-West Africa Account for 1971-’72 and 1972-73 (R14,7 million and R22,4 million respectively), there is therefore a shortfall of R193,6 million.

Loan Account, 1972-’73

The printed estimates show the estimated expenditure on Loan Account as R799,9 million, which is R75,l million or 8,6 per cent less than the revised estimates for the current year. This remarkable achievement required almost heroic sacrifices by my colleagues, some of whom must have been moved to exclaim with Mark Antony in Shakespeare’s “Julius Caesar”—

“This was the most unkindest cut of all.”

No doubt they would have preferred me to say, with Antonio in “The Merchant of Venice”—

“My purse, my person, my extremist means, Lie all unlock’d to your occasions.”

Notable reductions have been made in the Votes Water Affairs (R9,6 million) and Community Development (R11,6 million). The provision for Bantu Administration and Development has been reduced by no less than R47,7 million, but to some extent this is offset by greater provision on Revenue Account, as I explained earlier.

On the other hand, I have tried, as far as resources permit, to make adequate provision for essential infra-structure services. For the Railways Administration, for instance, an increase of R14 million has been allowed. It would also be short-sighted to cut back too much on the programme of industrial decentralization, which is so important for our future economic and social development and which is now acquiring considerable momentum; an increase of R13,5 million has been provided for this purpose.

In addition, provision is required for the repayment or amortization of foreign loans to an amount of R109,3 million, and of internal loans and sundry items amounting to R487,0 million. The latter amount includes R30 million for the repayment of the loan levy first imposed seven years ago. By law this levy must be refunded not later than 28th February, 1973, and I have decided that the date of refund (including tax-free interest at 5 per cent per annum) will be 31st January, 1973.

In order to simplify administration and to remove a source of irritation, I propose further that the levy paid by certain categories of taxpayers will also be repaid, with interest, during the 1972-’73 financial year. The categories are—

  1. (a) women who marry,
  2. (b) persons who leave the country permanently, and
  3. (c) persons—usually those who are aged or are in ill health—whose financial position has so altered that they will not in the near future again be liable for normal tax.

In future, the last assessment issued to women who marry or to persons who leave the country permanently, will also not include the loan levy.

The additional amount required for such repayments is estimated at R1,5 million.

I have also reconsidered the position of the Land Bank, for which R15 million is provided in the printed Estimates. Because of a slight improvement in the position of the Loan Account since the Estimates were drawn up, and because I am fully aware of the vital role played by the Land Bank in our farming industry, I have decided to increase the provision to R18 million, of which R8 million is for the erection of bulk storage capacity by co-operative societies and R10 million for normal loans to farmers—the latter amount being provided at the special interest rate of 2 per cent per annum.

The total amount needed for the Loan Account is therefore R1400,7 million.

It is estimated that the following amounts will be available:

Rm.

Opening balance

21,1

Loan recoveries and miscellaneous receipts

142,2

Public Debt Commissioners

240,0

Renewal of foreign loans

86,3

Conversion of local stocks

370,8

Premium bonds, etc

56,0

Loan levies

176,0

1 092,4

With the prospect of greater liquidity in the economy and some easing of the local capital market, I feel that we can hope to raise slightly more by the issue of local stock than the net amount of R178 million raised in the current year. I put the figure at R180 million.

Foreign loans are also at present more readily available, though I have not yet found anyone like Antonio in “The Merchant of Venice”, of whom Shylock said—

“He lends out money gratis, and brings down The rate of usance here with us in Venice.”

Although I do not wish to rely too heavily on external loans, I think we can reasonably budget for an amount of R180 million.

A total of R1 452,4 million is therefore available to meet the estimated requirement of R1 400,7 million. Further consideration will be given to the position after some tax changes have been announced. To complete the picture, however, I must first deal briefly with the South-West Africa Account.

South-West Africa Account, 1972-’73

Here again strict economy has been exercised and the estimated expenditure, R63,7 million is 3,5 per cent less than the revised figure for the current year. Receipts are estimated at R69 million, which is very close to the 1971-’72 level. Approximately R27,7 million will, however, have to be transferred to the South-West Africa Administration, leaving only R41,3 million available for the Account. The shortfall of R22,4 million will, as already mentioned, have to be met from Revenue Account.

Our principal problem is clearly the Revenue Account, where we face a shortfall of R193.6 million. If I were to deal with this problem on a narrow fiscal basis, then I should have to tell the House, as Mark Antony told the Roman populace in Shakespeare’s “Julius Caesar”—

“If you have tears, prepare to shed them now.”

I believe, however, that we must view this problem in the wider context of South Africa’s economic position. While the objective of price stability makes it impossible, in the present budgetary situation, to contemplate any substantial reduction of taxation, the need for more rapid growth makes it equally impossible to impose considerable new burdens upon the community—especially where the shortfall on our Revenue Account can be ascribed, in some measure, to fortuitous factors such as the sluggish response of company income tax receipts to increased economic activity.

We have in previous years prudently set aside a reserve in the form of the Stabilization Account, which now stands at R161,5 million. Before considering what use should be made of this nest-egg, I wish to propose some tax changes, and I shall first announce some adjustments and concessions which have become necessary.

In this connection I should mention that the Government has appointed a Standing Commission of Inquiry into Taxation Policy, on which the private sector is represented. The Commission’s task is to keep the tax system under constant review and to advise the Government on desirable changes and adaptations. Some of the changes which I shall introduce today arise out of the recommendations of the Commission.

Dividends on Building Society Shares

The first change was, in fact, announced last August, namely the concession whereby dividends on building society shares will in future be treated for tax purposes as company dividends, so that only a portion of these dividends, varying with income, is subject to income tax. This concession will cost approximately R5 million per annum and has already been allowed for in my estimates of revenue.

Stamp Duty. Transfers of Marketable Securities

A stamp duty of 1 per cent is at present payable in respect of the registration of transfer of marketable securities where the securities are sold or disposed of otherwise than on the Stock Exchange. The Stamp Duties Act provides for an exemption where a security is transferred from a nominee to a principal or vice versa or from one nominee to another nominee. This exemption was originally intended as a concession in cases where registration of transfer was affected without a change of beneficial ownership. It has come to my attention that schemes have been worked out to circumvent, or attempt to circumvent the underlying intention of the exemption and, by the use of nominees, to transfer the ownership in securities without the necessity for a registration of transfer. A number of schemes of this nature, involving the avoidance of considerable amounts of stamp duty, have come to the attention of the Secretary for Inland Revenue. A bill will be introduced to state more clearly the circumstances in which the exemption will apply and to impose stamp duty in cases where the registration of transfer of securities is avoided by the use of nominees. It is not the intention to interfere with the normal operations of stockbrokers and banks who make use of nominee companies for the convenience of clients, without avoidance of duty.

It is proposed to exempt from stamp duty the registration of transfer of securities where transfers are effected in order to give effect to arbitrage transactions put through on the local market and the stock market of a foreign country. Such transactions are already exempt from marketable securities tax and the proposed stamp duty exemption will make the local market more attractive to arbitrageurs and so result in a greater flow of foreign exchange to this country. The exemption in respect of arbitrage will apply to registrations effected in respect of transactions concluded after today.

The proposed amendments to the Stamp Duties Act in regard to nominees are of a somewhat technical nature and will come into operation on a date still to be fixed. It is estimated that there will be an overall increase in stamp duty collections of about R0,5 million per annum.

Single Premium Insurance Policies

It has come to my notice that during 1969 insurance companies commenced marketing certain single premium insurance policies on such terms that they are in effect no more than ordinary fixed deposits. The generous provisions contained in the Income Tax Act in respect of traditional insurance policies are being exploited by means of these so called insurance policies, in order to grant tax-free benefits to a small group of wealthy taxpayers. Lately the movement has gained momentum and not only is large scale tax avoidance now taking place but funds, estimated to be in excess of R50 million, have been drained from other financial sectors, especially building societies.

Legislation will be introduced to plug the loophole in the Income Tax Act as from the current tax year. This should bring in some extra tax and should also restore balance in the financial sector. Those who wish to avoid paying tax should rather make use of the tax-free investments offered by the Government.

Investment Allowances

The present investment allowances expire on 30th June, 1973. Since it takes time to erect factory buildings and install machinery, and since it is important that fixed investment in manufacturing industry should continue to expand, the deadline will be extended for two years and the allowances will apply to machinery, plant and factory buildings brought into use up to 30th June, 1975.

Exporters’ Allowance

I have already referred to the Interim Report submitted by the Reynders Commission of Inquiry into the Export Trade. The Commission feels that much greater emphasis should be placed on export promotion, and that the opportunities created by the devaluation of the rand and the revaluation of certain other currencies make this the right time to increase the incentives to exporters, in order to enable them to entrench their positions in existing markets and to penetrate and conquer new markets. As an urgent interim measure, the Commission recommends that the exporters’ allowance be increased, that the definition of “marketing development expenditure” qualifying for the allowance be broadened, and that the scope of the scheme should be modified, e.g. to cover service establishments.

The subject is a complicated one and there are several aspects relating to the nature and scope of this tax incentive which seem to me to call for further study. I certainly agree with the urgency of promoting our export trade, however, and I therefore propose that the rate of allowance be increased as recommended by the Commission, that is, that the basic additional deduction in respect of allowable expenditure on the development of export markets be increased from 50 per cent to 75 per cent, and that this additional deduction be increased to 100 per cent where an increase in basic export turnover of 10 per cent or more is achieved. Furthermore, the basic turnover will be determined as the average of the three poorest export sales years during the preceding five years. The definition of allowable expenditure and the scope of the scheme must, however, stand over for further consideration.

I feel that the importance of this concession is not always fully understood by potential exporters. On the basis of the standard 40 per cent rate of company income tax, the concession means in effect that the State will now bear 70 per cent of allowable market development expenses, which include costs of marketing research, advertising expenses, costs of soliciting orders, participating in trade fairs, cost of providing free samples and technical information, cost of bringing prospective buyers to the Republic, tender and quotation preparation costs, and commissions or other remuneration in respect of export sales. If export turnover is increased by only 10 per cent, the State will in effect bear 80 per cent of these expenses. This should be a powerful incentive to a more aggressive selling effort in our export markets.

This concession is estimated to cost R9 million in a full year, but the loss in 1972-’73 will be negligible.

Married Women

The present allowance of R500 deductible from the earnings of a married woman tapers off after the combined income of husband and wife exceeds R8 000, so that the professional woman or the woman who can command a fairly high salary has little incentive to go out to work. This militates against our objective of higher productivity and growth, and I therefore propose that the deduction of R500 should not taper off but should remain at R500 irrespective of income. The loss of revenue in 1972-’73 is estimated at R300 000.

Sales Duty

Representations have been made to the Government that the present sales duty be replaced by a duty levied at the point of sale to the consumer or by a tax on retail turnover. The matter is complicated and is being studied by the Standing Commission of Inquiry on Taxation Policy, which is expected to report to the Government later in the year.

Meanwhile it has been found possible to make concessions in respect of certain sales duty goods. Soap and washing preparations are being exempted from the payment of sales duty. In the case of knitting machines for domestic purposes and domestic sewing machines the rate of sales duty is being reduced from 15 per cent to 10 per cent, whilst the sales duty on watches and clocks is being reduced from 30 per cent to 25 per cent.

As a result of the devaluation of the rand the prices of imported components used in the manufacture of motor vehicles have increased. These increases in prices resulted in increased values for sales duty purposes and in order to maintain the position which applied before devaluation, it was decided to increase the maximum value for sales duty purposes from R2 050 to R2 150 in respect of motor vehicles which are subject to a sales duty of 10 per cent.

These concessions will be implemented by means of a Government Notice which will be published to-morrow and will result in a loss of revenue of approximately R2,5 million.

It is trusted that importers and manufacturers will pass the benefit of these concessions on to the consumer public.

A considerable number of representations were received in respect of sales duty goods which are not only sold as such but are also used as intermediate material in the manufacture of other goods, especially where such final products are exported. This matter is being investigated by an interdepartmental committee in co-operation with representatives of commerce and industry.

Interim proposals which have been submitted include, inter alia, recommendations that certain intermediate sales duty goods in packings used mainly in industry, should be exempted from the payment of sales duty. These proposals, which have been accepted by me in principle, will not only result in the elimination of a considerable amount of administrative problems for industry but will also have the effect that manufacturers of the final products in which such sales duty goods are used as material, will be able to utilize this advantage and, it is hoped, also pass it on to the consumer. For the Republic’s export effort this concession will naturally be of great importance as it will make the South African product more competitive.

A further concession, which has also been accepted in principle, is that where sales duty goods are exported by persons other than the manufacturers, the sales duty, subject to certain conditions, may be refunded to the exporter.

The concessions mentioned will be implemented as soon as possible by means of a Government Notice.

Representations have further been received that exemption from the payment of sales duty should be granted in respect of certain goods for use in registered old age homes and schools. Provided the necessary machinery therefor can be established, the representations will be favourably considered.

The loss of revenue as a result of these concessions will depend upon when they can be implemented, but should not exceed R2 million in 1972-73.

I come now to the more important changes which I wish to propose. The problem, it will be recalled, is that we have in prospect a large deficit on Revenue Account and a surplus (though a smaller one) on Loan Account.

Quite apart from this particular set of circumstances, the Standing Commission of Inquiry into Taxation has given some thought to the question of loan levies and has come to the general conclusion that they have little justification under normal conditions. Although they are in fact a compulsory investment bearing interest at 5 per cent tax-free, they are still generally regarded as little different from a tax. Furthermore, if they are used to finance expenditure of a continuing nature (rather than large temporary increases in expenditure) then a problem must always arise when the time comes for their repayment. They also give rise to administrative problems. The general view was that the levies should be phased out.

In these circumstances it seems necessary to place more emphasis on taxation and less on the loan levies, and I propose to do this in the following way:

Company Income Tax

At present there is a loan levy of 7½ per cent on the income tax payable by companies. To convert this levy at one stroke to a tax surcharge would have too drastic an effect on company balance sheets, and I propose therefore that one-third of the present levy should be converted to a surcharge of 2½ per cent on company income tax, leaving a loan levy of 5 per cent on tax. This applies to all companies except gold and diamond mining companies, where the position will remain unchanged.

The special loan levy of 7½ per cent of the dividend receipts of companies is difficult to justify as a permanent measure and gives rise to anomalies and to administrative difficulties. I cannot afford to abolish it entirely this year, but I propose that the rate be reduced to 3 per cent.

The net result of all these changes in company taxation should be a gain of R14,5 million to the Revenue Account (through the 2½ per cent surcharge on company tax) and a loss of R26,2 million to the Loan Account (through the reduction in loan levies). In terms of cash, therefore, companies as a whole should be considerably better off than during the current year.

Income Tax on Individuals

The high marginal rates of income tax and loan levy applicable to those in the higher income brackets have caused some dissatisfaction and undoubtedly have a detrimental effect on productivity and the incentive to work. It is imperative to remove barriers to productivity as far as possible and I agree that marginal rates are too high. It would, unfortunately, involve too great a cost to reduce marginal rates to the maximum level recommended by the Franzsen Commission, but at least we can make a start in that direction.

I propose, therefore, that the loan levy on individuals be abolished completely and replaced by a 10 per cent surcharge on income tax, i.e. in addition to the present surcharge.

The result will be that the maximum marginal rate will be reduced from 78 per cent to 72 per cent. There will be small increases in the take-home pay of salary– and wage-earners who previously paid loan levy, while those who did not will not be affected.

At present taxpayers over the age of 65 and with a taxable income not exceeding R5 000 are not liable for loan levy. In order to ensure that no taxpayer will pay more in tax on a given income than he now pays in tax plus loan levy, the same exemption will apply to the new 10 per cent surcharge, except that the concession will be somewhat more generous and will apply to taxpayers over the age of sixty with incomes not exceeding R5 000.

If account is taken of the considerable amounts of loan levy which will be repaid to taxpayers on 31st January next, it is clear that, in cash terms, nearly all taxpayers should be better off than in the current year.

The net effect of these changes in individual income tax will be a gain of R46,1million to the Revenue Account and a loss of R77 million to the Loan Account.

Conclusion

The net additional revenue available for the Revenue Account from all the tax changes which I have mentioned should amount to R56,3 million, so that the shortfall on this Account is reduced from R193,6 million to R137,3 million. This can be met by a transfer of, say, R140 million from the Stabilization Account, leaving a balance of R2,7 million in the Revenue Account.

The changes in loan levy will, however, cause the receipts of the Loan Account to fall by R103,2 million, thus converting the surplus of R51,7 million in that Account into a deficit of R51,5 million. An amount of R21,5 million can be met from the Stabilization Account, and the balance by the issue of Treasury Bills.

As is customary, a summary of the public accounts on the conventional and cash basis is subjoined here in the printed version of the Budget Speech.

Conventional Basis

R million

Revenue Account :

Expenditure :

Printed estimates

2 745,5

Social pensions, etc

12,0

Increased contribution : Civil Service Medical Benefit Association

1,3

2 758,8

Deficit, 1971/72

4,3

Transfer to S.W. A. Account, 1971/72

14,7

Transfer to S.W.A. Account, 1972/73

22,4

2 800,2

Revenue:

Revenue on existing basis of taxation

2 561,6

Transfer duty (transferred from Loan Account)

45,0

Stamp duty : marketable securities.

0,5

Income tax :

2½ per cent surcharge on companies

14,5

10 per cent surcharge on individuals

46,1

Transfer from Stabilization Account

140,0

2 807,7

Less

Sales duty concessions

4,5

Concessions to married women

0,3

4,8

2 802,9

Surplus

2,7

R million

Loan Account:

Expenditure:

Printed estimates

799,9

Land Bank : additional provision

3,0

Repayments, etc.:

Loan levy

31,5

Other

566,3

1 400,7

Receipts :

Opening balance

21,1

Loan recoveries and miscellaneous

187,2

Public Debt Commissioners

240,0

Local loans :

Conversions

370,8

New

180,0

Foreign loans :

Renewals

86,3

New

180,0

Premium bonds

56,0

Loan levies (on present basis)

176,0

Transfer from Stabilization Account

21,5

Treasury bills

30,0

1 548,9

Less

Transfer duty (transferred to Revenue)

45,0

Reduction in loan levies on companies

26,2

Abolition of loan levy on individuals

77,0

148,2

1 400,7

Cash Basis

R million

Expenditure:

Revenue Account

2 800,2

Loan Account

802,9

3 603,1

Cash Basis

R million

Receipts (excluding loans)

Customs, excise and sales duties

756,2

Inland revenue (including transfer duty)

1 906,7

Loan recoveries, etc. (excluding transfer duty)

142,2

Transfer from Stabilization Account

161,5

2 966,6

Total deficit, excluding borrowings.

636,5

Redemptions :

Internal and sundry

488,5

Foreign

109,3

Total borrowing requirement

1 234,3

Financing

Foreign loans (renewals and new loans)

266,3

Internal loan conversions

370,8

New internal loans :

Public Debt Commissioners

240,0

Other

210,0

Non-marketable debt (including loan levies)

128,8

Decrease in cash balance

18,4

1 234,3

Mr. Speaker, the taxation proposals which I have presented are not the only, or even the most important, element in this Budget. The main features of this Budget, as I see them, may be summarized as follows :

  1. (1) The relaxation of credit restrictions in order to promote production and export.
  2. (2) The promotion of saving, particularly through the new home-owners saving scheme.
  3. (3) The flexible application of labour policy.
  4. (4) The substantial curbing of the rate of growth of State expenditure.
  5. (5) The increase in social pensions.
  6. (6) The increased tax incentives for exporters.
  7. (7) The reduction in the sales duty on certain items.
  8. (8) The improvement in the cash position of companies through the reduction in the loan levy on dividends received.
  9. (9) The abolition of loan levy on individuals and consequently (a) the reduction in the maximum marginal rate payable, and (b) the increase in the take-home pay of all those persons who formerly paid loan levy.

Most of these measures should contribute directly to the attainment of one or more of the three objectives which I mentioned early in my speech, namely, the improvement of the balance of payments, the achievement of a more rapid rate of growth, and the curbing of inflation.

Basically, however, the achievement of these objectives depend not so much on the Government’s action as on the efforts of the whole community—the industrialists, the workers, the farmers, the merchants, the professional men, and, let me add, the housewives. The housewife can, by judicious buying, play a most important role in curbing inflation and keeping down the cost of living.

In the first Budget which I presented to this House five years ago, I suggested that our watchword should be “Work and save”. This is equally applicable today, for no nation ever grew rich and strong without hard work and thrift. In the circumstances of 1972, however, I think our watchword can be elaborated and broadened.

Work is of little avail unless it is wisely directed and organized so as to be as productive as possible. I have already referred to the apparent decline in productivity, i.e. in production per man-hour, in manufacturing industry during 1971. This is a disturbing trend. The Productivity Advisory Council and the National Productivity Institute of the Bureau of Standards have done and are doing very useful work in this field, but it is primarily the task of private enterprise—both employers and employees—to increase efficiency. Higher productivity benefits all concerned and is essential for our economic progress.

Thrift, on the other hand, is of little avail unless the savings are wisely invested. The State does its best to protect the investor, particularly the small saver who puts his money in banks, building societies, insurance companies or pension funds, or of course with the Government itself through the Post Office Savings Bank or National Savings Certificates. The State cannot, however, guarantee the safety of all investments, and it is a wise rule to remember that an unusually high rate of return often involves a high risk.

In present circumstances, however, productive work and judicious saving are not enough. We need also dynamic enterprise to grasp the opportunities which lie before us, to develop our rich resources—particularly our mineral resources—and to open up new markets for our products. Some South Africans have already done this with great success, and others can do the same.

The Budget has not been easy to prepare, for it has been necessary to seek a delicate balance between growth and stability. Given reasonable immunity from externally-induced shocks, I believe that the budget proposals furnish a sound basis for stable growth.

We shall not necessarily see dramatic results in a matter of months, and we should not be disappointed if our three objectives cannot all be achieved immediately. Our economy is broadly based and resilient, however, and our policy measures can be adapted from time to time as conditions demand. With work, thrift and enterprise, the ultimate attainment of our goal is assured.

Mr. Speaker, I now lay upon the Table:

  1. (1) Estimates of Expenditure to be defrayed from—
    1. (a) Revenue Account [R.P. 2—’72];
    2. (b) Loan Account [R.P. 3—’72]; and
    3. (c) South-West Africa Account [R.P. 4—’72]
during the year ending 31st March, 1973;
  1. (2) Estimate of the Revenue to be received during the year ending 31st March, 1973 [R.P. 5—’72];
  2. (3) Statistical Survey—Budget, 1972-’73 [W.P. B—’72];
  3. (4) Comparative figures of Revenue for 1971-’72 and 1972-73; and
  4. (5) Taxation proposals.

REVENUE 1971/72

R1 000

Head of Revenue

Revised Estimate R

Original Estimate R

Increase R

Decrease R

Inland Revenue:

Income Tax:

Normal Tax:

Gold mines

98 000

95 000

3 000

Diamond mines

1 000

6 000

5 000

Other mines

34 000

44 000

10 000

Individuals

582 000

544 300

37 700

Companies (other than mining)

637 800

653 900

16 100

Interest on overdue tax

2 000

1 200

800

1 354 800

1 344 400

41 500

31 100

Non-Resident shareholders’ tax

33 000

40 000

7 000

Non-Residents’ tax on interest

5 500

4 500

1 000

Undistributed profits tax

2 200

2 500

300

Donations tax

800

700

100

Quitrent and farm taxes

6

6

41 506

47 706

1 100

7 300

Stamp duties and fees.

47 000

51 000

4 000

Tax on purchase and sale of marketable securities

9 500

12 000

2 500

Licences

4 400

5 300

900

Cinematograph films tax

1 700

1 900

200

Licences and mynpacht dues

552

481

71

Bantu pass and compound fees

85

100

15

63 237

70 781

71

7 615

Departmental and Miscellaneous Receipts:

Government Garage

14 300

13 243

1 057

S.A. Reserve Bank

6 072

5 500

572

S.A. Mint

4 410

3 900

510

Government Printing Works

6 840

6 020

820

State Diamond Diggings

4 650

4 650

Forest Revenue

3 000

3 000

Fines and forfeitures

6 400

6 200

200

Recoveries of advances

1 290

1 290

General

59 810

55 000

4 810

106 772

98 803

7 969

Interest and Dividends :

On state loans and investment of cash balances

111 134

109 140

1 994

Dividends

5 343

4 380

963

116 477

113 520

2 957

Total for Inland Revenue

1 682 792

1 675 210

53 597

46 015

Customs and Excise:

Customs Duties :

Customs

200 000

220 000

20 000

Excise Duties :

Beer

57 000

63 500

6 500

Wine

11 000

11 200

200

Spirits

104 000

133 000

29 000

Acetic Acid

55

87

32

Cigarettes and cigarette tobacco

111 500

111 500

Pipe tobacco and cigars

11000

12 300

1 300

Petrol

55 500

55 500

Kerosene, distilate fuel and residual fuel oils

9 800

10 800

1 000

Motorcars

36 000

44 000

8 000

Mineral water

528

655

127

Bantu Beer

2 300

1 900

400

27

Base oils

470

450

20

399 153

444 892

420

46 159

Sales duty

175 000

173 000

2 000

Miscellaneous

3 000

1 000

2 000

Gross Total of Customs and Excise

777 153

838 892

4 420

66 159

Less amount to be credited to S.W.A. Account (Section 22 (1) (d) of the S.W.A. Affairs Act 1969)

16 800

18 692

1 892

Net Total for Customs and Excise

760 353

820 200

4 420

64 267

Total Revenue to be Received

2 443 145

2 495 410

58 017

110 282

REVENUE 1972/73

(On existing basis of taxation)

R1 000

Head of Revenue

Estimate 1972/73 R

Revised Estimate 1971/72 R

Increase R

Decrease R

Inland Revenue:

Income Tax:

Normal Tax:

Gold mines

112 000

98 000

14 000

Diamond mines

3 000

1 000

2 000

Other mines

40 000

34 000

6 000

Individuals

635 000

582 000

53 000

Companies (other than mining)

650 000

637 800

12 200

Interest on overdue tax

2 000

2 000

1 442 000

1 354 800

87 200

Non-Resident shareholders’ tax

35 000

33 000

2 000

Non-Residents’ tax on interest

6 500

5 500

1 000

Undistributed profits tax

3 000

2 200

800

Donations tax

850

800

50

Quitrent and farm taxes

6

6

45 356

41 506

3 850

Stamp duties and fees

50 000

47 000

3 000

Tax on purchase and sale of marketable securities

11 500

9 500

2 000

Licences

4 700

4 400

300

Cinematograph films tax

1 800

1 700

100

Licences and mynpacht dues

561

552

9

Bantu pass and compound fees

85

85

68 646

63 237

5 409

Departmental and Miscellaneous Receipts :

Government Garage

15 148

14 300

848

S.A. Reserve Bank

5 500

6 072

572

S.A. Mint

3 825

4410

585

Government Printing Works

7 040

6 840

200

State Diamond Diggings

4 127

4650

523

Forest Revenue

3 000

3 000

Fines and forfeitures

6 900

6 400

500

Recoveries of advances

1 400

1 290

110

General

55 000

59 810

4 810

101 940

106 772

1 658

6 490

Interest and Dividends :

Interest On state loans and investment of cash balances

136 318

111 134

25 184

Dividends

6 592

5 343

1 249

142 910

116 477

26 433

Total for Inland Revenue

1 800 852

1 682 792

124 550

6 490

Customs and Excise :

Customs Duties :

Customs

175 000

200 000

25 000

Excise Duties :

Beer

60 000

57 000

3 000

Wine

12 000

11 000

1 000

Spirits

110 000

104 000

6 000

Acetic Acid

70

55

15

Cigarettes and cigarette tobacco

112 000

111 500

500

Pipe tobacco and cigars

11 000

11000

Petrol

61 500

55 500

6 000

Kerosene, distilate fuels and residual fuel oils.

11 200

9 800

1 400

Motor cars

34 000

36 000

2 000

Mineral water

400

528

128

Bantu Beer

2 600

2 300

300

Base oils

510

470

40

415 280

399 153

18 255

2 128

Sales duty

185 000

175 000

10 000

Miscellaneous

2 000

3 000

1 000

Gross Total of Customs and Excise

777 280

777 153

28 255

28 128

Less amount to be credited to South-West Africa Account (Section 22 (1) (d) of the South-West Africa Affairs Act, 1969)

16 600

16 800

200

Net Total for Customs and Excise

760 680

760 353

28 255

27 928

Total Revenue to be Received

2 561 532

2 443 145

152 805

34 418

Mr. S. EMDIN:

Mr. Speaker, if brevity is the soul of wit, then this is a very funny Budget. I want to congratulate the hon. the Minister on a marathon performance. I think a detailed study of the Budget is going to show a lot of words, words, words. The hon. the Minister has become something of a Jack-in-the-box. He jumps from Revenue to Loan Account and from Loan Account to Revenue as if financial figures and financial policies mean nothing. Last year we had the problem of the Loan Account, so he robbed Revenue Account to take care of Loan Account. Now he has problems with his Revenue Account, so he is robbing the Loan Account to take care of the Revenue Account. What is worse, the hon. the Minister is taking an awful gamble, because between the Minister of Finance and the Minister of Transport, we have depleted all our reserves. Our Stabilization Account is practically nil; the hon. the Minister of Transport’s Rates Equalization Fund is gone and all this is predicated on what hon. Ministers think is going to happen.

The hon. the Minister, despite the picture he gave to the contrary, added his deficit to those of the hon. the Minister of Transport and the hon. the Minister of Posts and Telegraphs. Sir, today we have completed a trilogy of the “Year of the Deficits”!—the sad story of three unwise men. These deficits were not intended by these Ministers, Mr. Speaker. In fact, they planned for exactly the opposite; they planned for surpluses. The hon. the Minister of Transport budgeted for a small deficit, it is true, of R6,9 million, but he managed to achieve a deficit of R38,9 million. The hon. the Minister of Posts and Telegraphs budgeted for a modest surplus of R2,5 million; he managed to achieve a deficit of R29,5 million. The hon. the Minister of Finance outshone his colleagues both in estimates and in deficits. He budgeted for a surplus on Revenue Account of R39,l million and he managed to achieve—I have had to work this out very quickly because I did not have the figures—a deficit of something of the order of R91,5 million. It is no good the hon. the Minister coming to us and saying: “I have taken R72,5 million of my opening balance; I have a deficit of R14,7 million on the South-West Africa account and I will end up with a deficit of R4,3 million”, and then working around with figures in the Loan Account to give an impression that he has a surplus. In fact, he has a deficit on Revenue Account of at least R90 million.

We are not surprised at these deficits; we have been expecting them, because they merely mirror the economic conditions that exist in South Africa today. They also mirror the deficit in the ability of this Cabinet to get a job done properly. The Cabinet did not realize that the economy was on a downward trend. We have warned them often enough but what effect did our warnings have? The hon. the Minister of Finance called us every name possible, Jeremiahs, Prophets of Doom, exaggerated depressionists, and many others. Now the hon. the Minister has changed his tune. Now he has suddenly discovered that this is the most difficult period our economy has ever gone through; now he is a worried man. If he had had the interests of the country at heart and if he had had the remotest idea of what has been going on over the past few years, we would not have had the position we did have during the last year or two, and he would have got down to solving some of these problems that are always with us.

The Government has now decided on a wide range of changes in many areas. I want to congratulate the hon. the Minister. It is not often that I do so, but I want to do so today because at long last he has taken the advice which has been showered upon him year after year. [Interjections.]. Mr. Speaker, I have learnt that when my hon. friends opposite laugh, it is when they are most embarrassed; let any single member on that side of the House, when he enters this debate, show me one single thing the hon. the Minister has done this afternoon, which is beneficial, and which has not been offered from this side of the House, from industry, from commerce and from every knowledgeable economist in the country. [Interjections]. Now that is a challenge. We shall wait for the answer.

The hon. the Minister has reduced the increase in his overall capital expenditure on Revenue and Loan Account to 5,9 per cent. I use his figures and not my own calculations, which differ considerably. This figure compares with a figure last year of plus or minus 20 per cent. I find this very strange indeed. After all, we have in the past demanded year after year from the hon. the Minister that he should cut his expenditure. What has his reply been? His reply, chorused by every other member of the Cabinet, was:“It is impossible to do so; you tell us where we can cut expenditure.”

The MINISTER OF FINANCE:

You could never tell us.

Mr. S. EMDIN:

We told you it could be done; you said it could not be done. This year, however, the hon. the Minister has managed to cut the increase in his expenditure from 20 per cent to 5,9 per cent. This is very interesting; the hon. the Minister is starting to do his homework at last. He is beginning to see what can be done if you really give your attention to the job you are supposed to perform.

On Revenue Account he has cut his increase in expenditure to 9 per cent. We agree with this, Sir. For years we have been saying that he must cut his expenditure. On Loan Account he has performed a minor miracle in a major disaster. He has reduced his loan expenditure by 7 per cent—the Minister makes it 8,6 per cent. We accept this, Sir, under the present circumstances, but we accept it for two reasons: The first reason is that it has always been our policy that Government expenditure must be cut. We accept it for a very important second reason because the hon. the Minister has learnt a very important lesson the hard way. If you look at the Loan Estimates, you will find that there are two major cutbacks which have resulted in the R60 million cut which the Minister has achieved. One is an amount of R23 million in respect of miscellaneous services—I do not know what they are, because we do not have the details—and the other is a cut in the grant-in-aid to the Bantu Trust Fund of R47 million. The hon. the Minister says this is partially adjusted by the Revenue Account but the adjustment, as he knows, is negligible. So we have had a drop from R86 million to R38 million this year, a drop of some 55 per cent, in respect of the grant to the South African Bantu Trust Account.

The MINISTER OF TRANSPORT:

Are you not going to leave some of your speech for next time?

Mr. S. EMDIN:

No, there is plenty more. Sir, I can understand the hon. the Minister’s agitation. [Interjections.] The hon. the Minister has at last learnt one of the economic lessons of life, that you can dream whatever dreams you like and you can base your policies on idealistic philosophies; but you cannot bend the economy to suit your own purposes. And so he has had to cut back sharply on his contributions to the homelands. Soon he is going to take the next step: He is going to ask for White capital in the homelands without this nonsense of an agency basis; I call it short-term investment. If this huge drop in the contribution to the South African Bantu Trust means anything, Sir—it is 5 per cent of the entire Vote—it should mean this to the hon. the Minister, that it is the industrial strength and the prosperity of our industries in the metropolitan areas on which the future policies of any Government have got to be based if they are to have any chance of success, and that our basic task is to see that we have expansion and prosperity and progress in the metropolitan areas as fast as we can, and that any Government that does not accept this principle, is doomed to failure.

Mr.Speaker, there is much in this Budget that requires examination. But I still do not believe that we have had the blueprint from the hon. the Minister that we hoped for, because once again we have had no clarity on the question of labour. The hon. the Minister’s own words are so vague and embarrassing that they are really meaningless, and there is a much more important problem. Mr. Speaker: For whom does the hon. the Minister speak? Does he speak for himself; does he speak for half his Cabinet, or does he speak for his whole Cabinet? You will remember what happened last year, Sir. The hon. the Minister last year dealt with certain aspects of the Government’s policy, particularly in the relation to the expansion of industries in the metropolitan areas, and he held out hope for the urban industries. But what happened? The hon. the Minister of Social Welfare repudiated the hon. the Minister of Finance before his words were cold, and he was immediately joined by the hon. the Minister of Labour, and what he said in the Other Place a day or two ago does not give us any confidence in what the Minister of Finance said today. And, Sir, what did the hon. the Prime Minister do? He confused the issue further by sitting on the fence and saying nothing. If we are going to see the new policies which the hon. the Minister enunciated today, really being put into effect, we have got to know that the Cabinet is speaking with one voice. I want to let the matter rest here.

The MINISTER OF SPORT AND RECREATION:

Yes, we want to get away.

Mr. S. EMDIN:

I want the hon. the Minister of Sport and Recreation to wait in anticipation to hear what I am going to say to him on Monday the 10th. I would also like to get away if I were in his boots. Sir, the hon. the Minister in his unfinished symphony mentioned many changes. The prime change that we still require after listening to the speech of the hon. the Minister this afternoon is a change in Government, and I give him Claudius, King of Denmark, from Hamlet

And where the offence is, let the great axe fall.

Mr. Speaker, although the hon. the Minister has mentioned many so-called concessions to many people, there is another quotation from Hamlet which might be appropriate—

For this relief much thanks. ’Tis bitter cold and I am sick at heart.

Therefore, Sir, I move—

That the debate be now adjourned.

Agreed to.

SPEAKER’S STATEMENT ON NATURE OF SUPPLEMENTARY QUESTION PUT BY MR. J. W. E. WILEY, M.P. *Mr. SPEAKER:

In connection with my statement yesterday on a supplementary question put to the Prime Minister by the hon. member for Simonstown, I have to inform the House that I have given further consideration to the matter. The question put by the hon. member was as follows—

Mr. Speaker, arising out of the Minister’s reply, may I ask the Prime Minister if any Minister, Deputy Minister or member is involved in this matter?

†Subsequently there were negotiations to give the member an opportunity to make a statement in the House. After he had been reprimanded by the Chair, the hon. member made the following brief statement—

Mr. Speaker, this afternoon I asked a supplementary question. With respect to you, I made no reflection on any member of this House.

I thereupon indicated that I did not accept those words and that I would take the matter further. In this connection I wish to refer to the 18th edition of May’s Parliamentary Practice (page 324) where it is stated : “It is not in order in a question to reflect on the character or conduct of those persons whose conduct may only be challenged on a substantive motion.”

*I have afforded the hon. member the opportunity to reflect on the matter and to appreciate the possible consequences of his conduct. I now give him the opportunity—

  1. (a) unconditionally to withdraw the insinuation against Ministers (including Ministers who are members of the Senate), Deputy Ministers and members, contained in the question, and to apologize; and
  2. (b) to apologize to the Speaker and to this House for abusing his privileges as a member of this House.
Mr. J. W. E. WILEY:

Mr. Speaker, with your leave, and in view of your saying yesterday and again today that you did not accept the personal statement I then made, may I say, as I said yesterday, that I asked a supplementary question of the Prime Minister and further that I have made no reflection on any member of this House. I would now like to make it clear beyond all doubt that I made no reflection, nor did I intend making a reflection, on the honour or integrity of any member of either House nor of Parliament itself. If you, Sir, or if any Member of Parliament should feel aggrieved, then I ask you or him to accept my word for it.

Mr. SPEAKER:

Does the hon. member apologize?

Mr. J. W. E. WILEY:

Sir, I have asked you to accept my word.

Mr. SPEAKER:

If the hon. member is not prepared to apologize I am reluctantly obliged to name him. I have, therefore, to name Mr. Wiley, the hon. member for Simonstown.

The MINISTER OF TRANSPORT:

Mr. Speaker, I move—

That Mr. J. W. E. Wiley be suspended from the service of the House.

Upon which the House divided:

AYES—101 : Aucamp, P. L. S.; Bodenstein, P.; Botha, G. F.; Botha, H. J.; Botha, L. J.; Botha, M. C.; Botha, P. W.; Botha, R. F.; Botha, S. P.; Botma, M. C.; Coetsee, H. J.; Coetzee, B.; Coetzee, S. F.; De Wet, C.; De Wet, M. W.; Diederichs, N.; Du Plessis, A. H.; Du Plessis, G. F. C.; Du Plessis, G. C.; Du Plessis, P. T. C.; Du Toit, J. P.; Engelbrecht, J. J.; Erasmus, A. S. D.; Gerdener, T. J. A.; Greyling, J. C.; Grobler, M. S. F.; Grobler, W. S. J.; Hartzenberg, F.; Hayward, S. A. S.; Henning, J. M.; Herman, F.; Heunis, J. C.; Hoon, J. H.; Horn, J. W. L.; Janson, T. N. H.; Keyter, H. C. A.; Koornhof, P. G. J.; Kotzé, S. F.; Kotzé, W. D.; Kruger, J. T.; Langley, T.; Le Grange, L.; Le Roux, F. J.; Le Roux, F. J.; Le Roux, J. P. C.; Loots, J. J.; Malan, G. F.; Malan, J. J.; Malan, W. C.; Marais, P. S.; Maree, G. de K.; Martins, H. E.; McLachlan, R.; Meyer, P. H.; Mulder, C. P.; Muller, H.; Muller, S. L.; Nel, D. J. L.; Nel, J. A. F.; Otto, J. C.; Palm, P. D.; Pansegrouw, J. S.; Pelser, P. C.; Pieterse, R. J. J.; Potgieter, J. E.; Potgieter, S. P.; Prinsloo, M. P.; Rail, M. J.; Raubenheimer, A. J.; Reinecke, C. J.; Reyneke, J. P. A.; Rossouw, W. J. C.; Schoeman, B. J.; Schoeman, H.; Schoeman, J. C. B.; Smit, H. H.; Swanepoel, J. W. F.; Treurnicht, A. P.; Van Breda, A.; Van der Merwe, C. V.; Van der Merwe, H. D. K.; Van der Merwe, P. S.; Van der Merwe, S. W.; Van der Merwe, W. L.; Van der Walt, H. J. D.; Van Tonder, J. A.; Van Vuuren, P. Z. J.; Van Wyk, A. C.; Van Zyl, J. J. B.; Viljoen, M.; Viljoen, P. J. van B.; Visse, J. H.; Vorster, B. J.; Vorster, L. P. J.; Vosloo, W. L.; Waring, F. W.; Wentzel, J. J. G.

Tellers: W. A. Cruywagen, P. C. Roux, G. P. van den Berg and H. J. van Wyk.

NOES—34: Basson, J. A. L.; Basson, J. D. du P.; Baxter, D. D.; Cillie, H. van Z.; Deacon, W. H. D.; De Villiers, I. F. A.; Emdin, S.; Fisher, E. L.; Graaff, De V.; Hickman, T.; Hopewell, A.; Hourquebie, R. G. L.; Hughes, T. G.; Jacobs, G. F.; Malan, E. G.; Miller, H.; Mitchell, D. E.; Mitchell, M. L.; Murray, L. G.; Oliver, G. D.G.; Raw, W. V.; Smith, W. J. B.; Stephens, J. J. M.; Steyn, S. J. M.; Taylor, C. D.; Timoney, H. M.; Van den Heever, S. A.; Van Hoogstraten.H. A.; Von Keyserlingk, C. C.; Webber, W. T.; Winchester, L. E. D.; Wood, L. F.

Tellers: H. J. Bronkhorst and J. O. N. Thompson.

Motion accordingly agreed to.

Mr. Speaker thereupon called upon Mr. Wiley to observe the resolution of the House and to withdraw from the precincts of the House.

Whereupon the hon. member withdrew.

RAND WATER BOARD STATUTES (PRIVATE) ACT AMENDMENT BILL (Second Reading) *The MINISTER OF WATER AFFAIRS:

Mr. Speaker, I move—

That the Bill be now read a Second Time.

Firstly I just want to point out that although the expression “private” still appears in the title of this Act, it is really a public Act, and not a private Act, as a result of the amendments introduced in 1964. The Rand Water Board, however, desires that the expression “private” be retained for historical and sentimental reasons.

For the following reasons, in particular, it is essential that the Rand Water Board Statutes (Private) Act, 1950, be amended—

  1. (1) The Board’s power to finance capital works from current revenue is limited to the amounts it can annually allocate to the Betterment Fund. As the Act reads at present, such moneys can be invested in the Board’s stock, but the interest on that cannot accrue to the Fund. Owing to the increasing demands being made on both local and overseas capital sources, the Board must also be able to pay in the interest and profits on such stock to the Betterment Fund and thereby to establish an accumulative capital development fund, as in the case of Escom.
  2. (2) Although the Board and virtually all its consumers have switched over to the metric system, the Board is compelled by its Act to calculate its rates for water supplied per 1 000 gallons (or the metric equivalent) instead of per kilolitre or cubic meter, which is the convenient and accepted unit for that purpose in terms of the metric system.
  3. (3) For administrative purposes it is necessary for the Board to transfer certain functions to committees and officials. As the Act reads at present there is some doubt about whether the Board is empowered to appoint an executive committee consisting of Board members and officials or even to delegate to such a committee the increment of minor costs, debt or liability.

The concomitant draft Bill approved by the Water Board on 22nd October, 1971, contains proposed amendments to bring about the essential adjustments mentioned above. At the same time other amendments are also being proposed to correct obsolete provisions and to improve administrative procedures. The various amendments envisaging essential changes, and particulars in connection with the effect these will have, are briefly explained below.

Clause 2 amends section 7 to delete the provision that the State President may grant leave of absence to the chairman. This is an obsolete provision. Clauses 3 and 4 amend section 22 to enable the Board to appoint committees of Board members and/or officers and to delegate powers to such committees or to officers. For the performance of normal functions delegation is unavoidable and desirable. Hon. members will understand that with an enormous organization such as the Rand Water Board, the staff of which is continually expanding, as are its activities, it is absolutely essential that it be able to streamline its own machinery. Clause 6 amends section 25 to also empower the board to implement the provisions of the Expropriation Act, 1965. The Board is already empowered to expropriate property in terms of the “Municipalities Powers of Expropriation Ordinance, 1903” but owing to the long-windedness of the procedure prescribed in the Ordinance, it is regarded as desirable that in urgent cases the Board should be able to make use of the procedure in the Expropriation Act. Section 2 of the Expropriation Amendment Act, 1971 (Act No. 53 of 1971), does make provision for expropriation being carried out in the public interest on behalf of a juristic person who is himself not entitled to make use of the Expropriation Act, 1965. The provisions under the Expropriation Amendment Act, 1971, however, also require Parliamentary approval for expropriation and can therefore not apply in urgent cases.

Clause 7 amends section 32 to increase from R100 to R200 the maximum penalty the Board may impose for any breach of its by-laws. This is merely being done because the amount was fixed many years ago and to be able to impose a more realistic penalty for a serious breach. Clause 8 amends section 33 to increase the costs, debt or liability a committee or an official of the Board may incur under delegated powers. The section is otherwise being amended to place above all doubt that such powers can, in fact, be delegated by the Board. For the normal daily functions it is necessary that the power to incur smaller costs, etc., be delegated to the executive committee and senior officials. At the moment this is not the case, and this creates many administrative difficulties.

Clause 9 amends section 37 to provide that moneys annually allocated to the betterment fund must be invested in Rand Water Board stock and that the interest and profits must also be paid into the fund. In that way the Board will be able to establish a really accumulative fund that can be applied more efficiently to finance essential capital works, particularly in times when there is a scarcity of capital. In terms of section 35 the Board cannot allocate more than one-tenth of its revenue to the betterment fund annually. This restriction is not being changed.

Clause 10 amends section 43 to enable the Board to again sell its own stock which it purchases for its funds. This is in accordance with the custom in other investment undertakings, such as the municipalities and Escom. The marketability of the Board’s stock will hereby also be increased.

Clause 11 actually refers only to the metric system I explained at the beginning of my speech.

Clause 12 amends section 48 merely to transfer, from the 15th to the 21st day of the month, the payment of accounts for water supplied to consumers. This section is therefore only being amended with a view to administrative convenience. It will facilitate the reading of meters and the furnishing of accounts.

Clause 13 amends section 49 to delete the requirement that the rates for water supplied must be calculated according to a specific quantitative water unit. The quantitative unit must in any case be determined with due regard to prevailing custom and the needs of consumers. At present the convenient and accepted unit is a kilolitre or cubic metre and not 1 000 gallons (or the metric equivalent) as the Act requires at present.

Clause 14 is being inserted to introduce an amendment in accordance with the Mining Rights Act and the Atomic Energy Act. It is a purely administrative amendment.

Clause 15 amends section 62 with respect to the raising of loan moneys by ways other than the issuing of stock, for example by overseas loans as well. In the case of stock the Act expressly prescribes what steps can be taken against the Board where it neglects to pay interest on it or neglects to pay back the principal. The amendments are only intended to state above all doubt that the same provisions are also applicable where the Board neglects to make such payments and repayments in respect of other loans. After study of the strict requirements of overseas banking institutions, this amendment is essential.

Clause 16 amends section 64 to increase the amount that may be borrowed from a bank by way of overdraft, without the sanction of the State President, from R100 000 to R5 million. Authorization for an overdraft amount of up to R5 million has already been granted by the State President, but as the Act reads at present it is still necessary from time to time to obtain the State President’s sanction for the payment of increased interest rates on all overdrafts above R100 000 as the official bank rate, and therefore also the commercial bank rate, is increased. The amendment merely envisages simplified administration.

Clause 17’s purpose is merely to make provision for the metric system.

Clause 18 amends section 76 and repeals the Fifth Schedule to provide that the instrument of transfer shall be a document separate from the stock certificate and that transfer cannot take place on the authority of an endorsement of a stock certificate. This is in accordance with the present requirements of the Stock Exchange. This is consequently also an administrative requirement.

Clause 21 amends section 78 to extend the period during which the Board’s nominal register and stock transfer registers may be closed from 15 to 30 days. This will facilitate administrative procedures and is in accordance with the present-day custom of the Stock Exchange.

Clause 22 again merely brings to issue the metric system. In various clauses adjustments are being made with respect to the metric system.

Clause 23 amends section 97 to express in decimal currency the minimum amount for which a bill may be issued and to empower the Board to issue bills to the bearer. The Board is already empowered to issue certificates in respect of loans to the bearer and this amendment is only intended to align bill issues accordingly. It is not envisaged that many investors will require such bills, but it will enable the Board to provide for the needs of such investors.

Clauses 28 and 32 amend sections 128 and 138 respectively to increase, from R100 to R400, the maximum penalty a court may impose for the illegal use or appropriation of water the Board is entitled to or for malicious damage to or interference with the Board’s works. The amendment is being proposed to align the amount more specifically with present monetary value and the period of imprisonment which is determined.

The remaining clauses contain no essential amendments, except that they express imperial units in metric unit terms and sterling currency in decimal currency terms and replace references to repealed legislation by references to new applicable legislation.

As hon. members can see, this legislation is actually an overhauling of the Statutes of the Rand Water Board, which were established by the Rand Water Board itself and have been applicable throughout the years. Today I am doing this on my own behalf because I am the Minister responsible for it, but I also have the privilege today of proposing this on behalf of the Rand Water Board.

Mr. D. E. MITCHELL:

Mr. Speaker …

*Mr. L. LE GRANGE:

Where is the United Party? [Interjections.]

Mr. D. E. MITCHELL:

I wonder if it is possible for only one member at a time to make a speech? In that case I would like to be the one to make this speech.

The hon. Minister of Water Affairs has given a brief résumé of the Bill before us, a Bill consisting of some 37 clauses. I do not propose to detain the House long at this Second Reading. Some of the clauses of this Bill can perhaps be discussed in a little bit more detail and more appropriately in the Committee Stage. In dealing with this Bill I want to say something in general. The hon. Minister said just now that this is a Bill dealing with a particular institution, viz., the Rand Water Board. The Rand Water Board and many of its instruments are being brought up to date in its work and in its functioning by means of this Bill which is before us. That is perfectly true and I may say in general that when one looks at the manner in which it performs its functions, the services which it renders, the extraordinary critical position in which it is placed in regard to the development of the Witwatersrand, and the way in which it has discharged its responsibilities and its duties, it can have a Bill before this House which will be viewed and which will be regarded with a great deal of sympathy. It will certainly be regarded with a great deal of sympathy by this side of the House. What is demanded of an institution placed as this one is, as I have said, at the centre of the development of the Witwatersrand? We expect that it shall be capable of looking ahead, capable of providing an adequate water supply, that it shall be supplied at a reasonable cost, that its financial affairs should be soberly and judiciously administered and that in so far as its powers are concerned it shall not exercise those powers capriciously or in an unwise manner which will be to the detriment of other people; it may be the little man who comes in conflict with a vast organization which has very strong financial resources. In all those respects we can say of the Rand Water Board that it discharges its duties very well indeed. In this Bill its powers have been extended a little bit, but they have not been extended any further than we have been able to go with the general law in regard to water affairs; if anything it has come along now a little later than some of the provisions that we have put into amending ordinances for our own Water Act. As regards financial measures, I may say to the hon. the Minister that I asked one of our financial people, in whose judgment I repose the greatest confidence, to have a look at the financial provisions as set out in this Bill. He could find no fault with them whatsoever. He was perfectly satisfied. As a man who knows little about finance and is never the possessor of any himself, may I say that I had to rely upon the opinion of another hon. member to advise me in regard to the financial provisions of this particular Bill.

As I have said, there are certain powers that are being taken. One point I do want to dwell on—I am going to be very brief —is the question of the further powers in regard to pollution. There is special provision made in clause 35 for the penalty for those who may be guilty of pollution to be raised from £20 to R400. I draw particular attention to that for two reasons. The first is that throughout the Bill provision is being made for metric figures to be used for distances and for the present system of rands and cents instead of the old pounds, shillings and pennies. The change-over has been made right throughout. In this particular clause, had it been merely a change from pounds to rand, it would have been a matter of R40, but, Sir, the penalty is R400 for pollution in terms of the conditions which are set down here. We on this side of the House accept that. We say that, if anything, they may still be erring on the lenient side towards people who may be guilty of polluting the water supplies which are dealt with by the Rand Water Board.

Let me finish on this note: I am informed that the finances are perhaps not exactly orthodox. However, where provisions have been made—we will come to it in the Committee Stage—so that the board can, for instance invest moneys in its own stock, we are satisfied that that will only be done in the case where the stock concerned was absolutely reliable at its face value, since there could be no question or shadow of doubt as to the value of that stock. That is rather an unusual provision in a Bill of this kind, but we are also willing to accept it without any question. Sir, from this side of the House I give this Bill my blessing and I hope that the Rand Water Board will find that in this measure it has an instrument which is going to assist it in its administration and strengthen it in the provision of pure water supplies for the Witwatersrand.

The MINISTER OF WATER AFFAIRS:

Mr. Speaker, on behalf of the Rand Water Board I wish to thank the hon. member for his contribution. I expected the hon. member, since he is very keen on the question of pollution, to detect the alteration in this amendment, and I fully concur with the hon. member.

Motion put and agreed to.

Bill read a Second Time.

(Committee Stage)

Clause 35 :

Mr. D. E. MITCHELL:

Mr. Chairman, I do not want to move amendments to the Bill or to raise the kind of objection which could embarrass the Minister in any way when dealing with this measure. I hope the Minister will appreciate that if in practice hereafter it is found that there are circumstances under modern industrial conditions and modern urban development which make the provisions of this section inadequate for the purpose of protecting the water supplies of the Rand Water Board, and he has to come back to Parliament with an amending Bill, we shall support him. We are not going to stand in the way when it comes to bringing up to date a measure which deals with an important matter of this kind. We shall not obstruct him if he has to amend this legislation to make it possible for the Rand Water Board to deal with new conditions which may arise as the result of urbanization and industrialization.

There is a clause in this Bill which we have already passed—I was going to deal with it, although it is not really material— dealing with the question of source material. The hon. the Minister knows about this. In terms of that clause the Commissioner of Mines has to give the Rand Water Board a statement every year, showing all the mines which are being mined in the area of supply. Amongst others, he has to indicate mines which are producing source material, namely material which can be used in the production of uranium or other substances related to it. This particular clause contains a limit in respect of the gathering ground for water for the supply of the Rand Water Board. It was five miles and it is now eight kilometres. I want to repeat that in practice that may be found to be inadequate, especially in the light of some of the new materials being used as the result of increasing urbanization and industrial development. Whether you call the distance five miles or eight kilometres, it is beside the point; it is the same distance. I am afraid I do not easily change miles into kilometres and kilometres back into miles, but I understand that eight kilometres is exactly the same distance as five miles. What I am concerned about is that if a person allows to collect or to be deposited in this area materials of such a character that they can pollute the water supply of the Rand Water Board in any way, he is exempted from the penal provisions of this clause if it takes place five miles away or further. I say therefore that the distance of five miles may be found to be inadequate. It is not always a matter of distance; it can be a matter of drainage. You can have a natural drainage system extending for miles and miles. All of us who are farmers know that. Material that is discharged nine or ten miles away can come down a natural water course during floods, and this is one of the things I particularly want to mention. During the past year we have had terrific downpours; there has been very heavy precipitation indeed in some areas; the Witwatersrand has had its share; and in such circumstances a distance of five miles from a source of the water for the Rand Water Board can be quite inadequate. I do not want to move an amendment in this regard. I simply put this point forward, and if I labour it, it is because the Rand Water Board cannot afford to have its water supplies polluted.

Do you know, Sir, that with all our modem legislation and all the vast sums we are spending on dams and that sort of thing, we have never yet found a simple and easy way of saving water at the consumer end. All we have been able to do is to use the time-honoured system of a water meter. We have, however, found no way of saving water. If a substantial part of the water supply on the Rand is polluted for any reason, particularly by one of these new pollutants resulting from increased industrialization, such as compound chemical elements, then the prodigal use of water which is indulged in so often at present by the public will be shown up at its worst. I labour the point, Sir, but I do so deliberately, because this can be an Achilles heel in the water supplies of the Rand Water Board. I hope, therefore, that the Minister will not hesitate to come back to the House if necessary so that we can give further consideration and possibly wider legislative powers to the Board to deal with any kind of pollution which may arise from any cause whatsoever.

The MINISTER OF WATER AFFAIRS:

Mr. Chairman, I fully agree with the hon. member, and I think the Rand Water Board concurs with him in this regard. This is a very grave problem in our country at this juncture, and I can give the hon. member the assurance that not only is the Rand Water Board very perturbed about the position, but also that we are, as the hon. member will know, spending a vast amount on scientific research on this problem. I can give him the assurance that we shall either come back to amend this law, or we shall take action in terms of the Water Act, or even amend the Water Act, if necessary. I fully concur with the hon. member.

Clause put and agreed to.

House Resumed:

Bill reported without amendment.
FOODSTUFFS, COSMETICS AND DISINFECTANTS BILL

Report Stage taken without debate.

Bill read a Third Time.

RENTS AMENDMENT BILL (Committee Stage)

Clause 1 :

Mr. E. G. MALAN:

Mr. Chairman, I do not intend to detain the Committee long. As you know, Sir, Parliament is usually associated in the public mind with debating battles, fiery speeches and controversial issues, but every so often it does happen that a minor Bill, such as this one before us, is introduced, and I sometimes feel that it is on such an occasion that one sees Parliament at its best. In this particular case, what could have amounted to an injustice arose in connection with rent paid by certain tenants in a certain block of flats, tenants who were good citizens, who had a good life in the service of their country behind them, many of them pensioners, who were going to suffer what could have been an injustice under the existing law. It so happens that this particular block of flats and these tenants are in my constituency. They themselves and I approached the hon. the Minister in this connection, and I think here we have a sign of what Parliament really can do when it comes to protecting the individual, the humblest individual in the country, against a possible injustice. In this particular case I must say that I was received by the hon. the Minister in a most friendly and cooperative way. He realized, too, that something had been done which was not the fault of the law-makers; it was one of the inevitable consequences which sometimes flow from the passing of legislation. The hon. the Minister decided that he would put the matter right, and it is a great privilege for me on this occasion—it is one which may not arise many times—to thank the hon. the Minister very much indeed for what he has done in this particular case to remove an injustice.

*The MINISTER OF COMMUNITY DEVELOPMENT:

I want to thank the hon. member very much. He was the one who brought the matter to my attention, and I am glad that between the two of us, we have revealed the necessary wisdom.

Clause put and agreed to.

Clause 2:

*The MINISTER OF COMMUNITY DEVELOPMENT:

Mr. Chairman, I move—

That this clause be omitted.

I am doing so for the reason I indicated in the Second Reading debate yesterday. We shall rectify this matter by amending another Act.

*The DEPUTY CHAIRMAN:

Order! The hon. member may not move the omission of the clause; he may only vote against it.

Clause put and negatived.

Title:

*The MINISTER OF COMMUNITY DEVELOPMENT:

Mr. Chairman, I move the amendment printed in my name, as follows—

To omit all the words after “retrospective” in the third line up to and including “keys” in the fifth line.

Agreed to.

Title, as amended, put and agreed to.

House Resumed:

Bill reported with amendments.

PROFESSIONAL ENGINEERS’ AMENDMENT BILL (Committee Stage)

Clause 9:

*The MINISTER OF PUBLIC WORKS:

Mr. Chairman, I move the amendments printed in my name, as follows—

In line 7, after “committee” to insert “and as to the recovery from funds of the council of any allowances paid to a member of the council or of a committee of the council or of an advisory committee who is in the service of the State”; and to add the following paragraph after “paragraph” in line 19: (hA) as to the fees which shall be payable to the council in respect of any examination (or part thereof) referred to in section 18 (2) (b), 18 (6) (c) (ii) or 19, conducted by or on behalf of the council;

This Bill, which was introduced in the Other Place, includes certain financial provisions which, according to the rules of the Other Place, could not be accepted there. Consequently those provisions were omitted from the Bill and are merely being reinserted into the Bill.

Amendments put and agreed to.

Clause, as amended, put and agreed to.

House Resumed:

Bill reported with amendments.

CHURCH SQUARE, PRETORIA, DEVELOPMENT BILL (Second Reading resumed) Mr. W. T. WEBBER:

Mr. Speaker, yesterday when this debate was adjourned, we had just had an indication from the hon.

the Minister that he was prepared to convert the committee which advised him on the planning of Church Square, Pretoria, into a statutory body. He suggested that it should be a statutory body similar to that which controls the development of the Foreshore in Cape Town. I tried to point out to the hon. the Minister last night that there was a difference between the development of the Foreshore in Cape Town and what is planned by this Bill. I particularly want to draw his attention to section 5 of the Seashore Act, No. 21 of 1935, subsection (2) of which reads—

The Minister may cause any land in the sea or on the seashore to be reclaimed, and such reclaimed land shall be State-owned land.

Sir, here is the difference between the Foreshore here in Cape Town and Church Square in Pretoria. I am sorry to have to say to the hon. the Minister that we appreciate his gesture, but that we cannot accept it, because of this very difference; here you have virgin land reclaimed from the sea which vests in the Minister of Lands or the Minister of Agricultural Credit and Land Tenure today, and there is a board for the development of that virgin land. But in this Bill we have a completely different principle altogether. The principle here is that the control of the development of that area is being taken away from the Pretoria City Council and placed wholly in the hands of this hon. Minister.

Mr. R. J. J. PIETERSE:

You have not read the Bill correctly.

Mr. W. T. WEBBER:

Sir, I wonder if that hon. member has read the Bill, because this is exactly what the Bill is all about, and I am sure that his own Minister will agree with me when I say that, so I cannot see how the hon. member can make that statement. As I say, Sir, the principle is different because control is being removed from the local authority, in this case the Pretoria City Council; it is not a question here of control over virgin land. Sir, the hon. the Minister said yesterday by way of interjection that the plan had been approved by the Pretoria City Council. I accept this; I believe that the plan has been accepted, but has the principle of this Bill been accepted by the Pretoria City Council? This is the important matter. The hon. the Minister shakes his head; he says that he does not know.

The MINISTER OF COMMUNITY DEVELOPMENT:

No, I say I have had no objection from the Pretoria City Council.

Mr. W. T. WEBBER:

I believe that the chairman of the management committee of the Pretoria City Council has issued a statement to the effect that he is opposed to the principle of this Bill. He is opposed to this Bill for the very reason for which we are opposing this Bill, and that is that we are removing the control of this area from the local authority concerned. If this principle is adopted here this afternoon …

Mr. H. D. K. VAN DER MERWE:

Why do you say that?

Mr. W. T. WEBBER:

Sir, with respect to the hon. member for Rissik, why do I say that? Because that is exactly what is happening here. Let me refer the hon. the Minister to clause 2 (1), which says that with effect from the date on which this law comes into operation no alteration may be effected to the planning of Church Square and no building or other structure on any site or portion of a site detailed in Schedule B, which comprises six city blocks of Pretoria, may be erected without the prior written approval of the Minister. Then we come to subsection (2), which says that the Minister may, in his discretion, withhold or grant consent, and then we go on to the point which has been raised by my hon. friend the hon. member for Green Point, that the Minister must consult the City Council. We accept that he must consult the Pretoria City Council, but the Minister specifically says in the Bill that he does not have to take any notice whatsoever of what they say. He is not compelled to accept or even to consider their recommendations. Now the hon. member for Rissik asks why I say that the control is being taken away. The control is being taken away, and I believe that there is an even more iniquitous principle involved here. I am sure the hon. member for Rissik, who has had a legal training, understands what is meant by a servitude, particularly when it is granted in perpetuity to the public. Here we have in clause 5 that “all servitudes registered under Crown grant are hereby cancelled”. How can the hon. member say that this is not interfering with the Pretoria City Council? What are these servitudes? These servitudes are in favour of the public and the hon. the Minister is now taking those rights away from the public. In terms of these servitudes certain rights were given to the public. The one servitude was that a driveway 79 feet wide was to be maintained around the square for public use. Now the Minister wishes to cancel this servitude. Why? He has not told us why. Is he prepared to give the public something else in compensation for it? What is he going to do? As we read the Bill, he is taking this away from the public. The other servitude which is registered against Church Square is that no buildings or statues or memorials or improvements shall be erected without the approval of the State President. But here we have a Bill before us today to cancel that servitude and to allow this Minister at his sole discretion to decide what shall be done. No longer is this vested in the State President as the curator and as the symbol, the person who represents the public of South Africa and not just the public of Pretoria. The important thing is that if we accept this principle now, not a single portion of South Africa will be inviolate. This Minister will then be able to extend his rights; he will be able to go into any city and town in the country and take over the control of their central portions and say to the people and to the city councils concerned that they will no longer have any say; that he will listen to what they have to say but that he will take no notice whatsoever of what they say. Sir, I believe this is a further manifestation of the megalomania of this Government. They cannot help but stick their sticky fingers into everything which is going on in this country. They sit there like a great big black spider with eight or more legs sticking out and a finger in everything that is going on. Nothing is sacred. Nothing can be left to any local authority or to the people; everything has to be controlled by Pretoria, by the Minister concerned. Whether this is empire building by the Ministers, I do not know. There is no need for me to go any further here except to ask the Minister what he is doing about the rights of the individual landowners.

The MINISTER OF COMMUNITY DEVELOPMENT:

Nothing.

Mr. W. T. WEBBER:

The Minister says “nothing”. We have to consider this point.

The MINISTER OF COMMUNITY DEVELOPMENT:

Of course, I have considered it; I have met them.

Mr. W. T. WEBBER:

The Minister has met these people. Can the Minister tell us that every one of these landowners has agreed to this Bill; that they have seen the Bill and that they are aware of all the provisions and the implications of the Bill? That is the point. The hon. the Minister cannot tell us. Are they aware of the implications of this Bill; do they accept its provisions and what it means to them? They have no right of appeal, as it stands at the moment. And, Sir, we are not dealing with just peanuts. We are dealing with five blocks in the centre of Pretoria. Property owners there pay almost one-third of the total rates paid by the people of Pretoria. This is not just peanuts; we are dealing with the commercial centre of a city which has now been planned. The Minister says he has got the plan and he is accepting it. But it has been planned in isolation. Has consideration been given to any future development of the area surrounding it, or to the future expansion of Pretoria? Sir, we cannot accept that this should be taken in isolation. Sir, I am sure that we have registered our protest against the powers the Minister is taking here. We have made out our case. We have moved in the strongest terms our rejection of this Bill and I support the amendment of the hon. member for Green Point that this Bill be read today six months.

*The MINISTER OF COMMUNITY DEVELOPMENT:

Here we have now had the spectacle of the hon. member and the hon. member for Green Point coming along and speaking as if they were speaking on behalf of the Pretoria City Council. Why should I listen to their objections now? The Pretoria City Council was represented on the committee by which the Bill was drafted. The town clerk of Pretoria was a member of the committee by which this Bill was drafted. This Bill was submitted to the Pretoria City Council and the City Council only asked for one change to be made, and that was for the period in which they can give their opinions to he extended from 60 to 90 days, and that was granted. Am I now to go and consult every voter? What nonsense. There is not a single member of Parliament from Pretoria who objects; there is not a single member of the Pretoria City Council who objects. The hon. member for Pietermaritzburg District is quite wrong in saying that the chairman of the management committee has issued a statement objecting to the Bill. That is not so. What actually happened here? What happened was that the Post Office and the Provincial Administration wanted to erect two large tower blocks on Church Square. Objections were then raised against that plan by the Akademie vir Wetenskap en Kuns, by the Simon van der Stel Foundation, by the Genootskap van Ou Pretoriane and by certain branches of the Rapportryers. The Cabinet took cognizance of these and said that there was cause for re-investigation. The Cabinet then appointed a committee consisting of many distinguished people, under the chairmanship of Mr. Poole of the Department of Public Works. On that committee served Mr. Justice Murray, Mr. Rhoode, the town clerk of Pretoria, Mr. Metnitz, the chief architect of Public Works, and quite a few other architects, representatives of the Province, representatives of the city council and representatives of all who have to do with the development there, and they drew up a new plan. They heard evidence and that new plan was published and submitted to the city council and it was also submitted to all interested parties. A model was made of the new plan and everyone who had objected was asked to come and look at it and to give his opinion, and every one of those bodies agreed with it.

*Mr. L. G. MURRAY:

May I ask a question? I take it that the city council accepts this plan. Why can the execution of that plan not be left in their hands?

*The MINISTER:

For the simple reason that the people who drew up that plan, which has now been approved by all the parties, are the people who are now going to control Church Square. You have to put the powers in someone’s hands in the final instance, and those powers are being placed in the hands of the Minister. But it is that organization, that committee, which will really be in control. It is not an unusual thing for the Minister to be granted such control over local authorities. I have the same control over District Six. There is a government committee which acts in an advisory capacity, but I have the final say. The city council cannot have the final say in this matter. The Administrator now has the final say. The only difference is that the Minister will have the final say in this case, because this committee, under the chairmanship of the Deputy Secretary for Public Works, is the committee which controls the entire Church Square. This matter is as simple as that. The city council has no objection. No one has objections, except for these two members and the United Party. They had better decide for themselves what they are objecting to. They do not even know what it is all about. The hon. member for Pietermaritzburg District did not even know that such a new plan had been drawn up.

*Dr. J. C. OTTO:

He does not even know where Church Square is.

*The MINISTER:

He does not know of such a plan. Does he know where Church Square is? I am afraid that the hon. members have gone off in the wrong direction altogether. The city council has no objection and I think I have fully motivated the necessity for this Bill.

Question put : That the word “now” stand part of the motion.

Upon which the House divided :

AYES—95: Aucamp, P. L. S.; Bodenstein, P.; Botha, G. F.; Botha, H. J.; Botha, L. J.; Botha, M. C.; Botha, R. F.; Botha, S. P.; Botma, M. C; Coetsee, H. J.; Coetzee, B.; Coetzee, S. F.: De Wet, C; De Wet, M. W.; Diederichs, N.; Du Plessis, A. H; Du Plessis, G. F. C.; Du Plessis, G. C.; Du Plessis, P. T. C.; Du Toit, J. P.; Engelbrecht, J. J.; Erasmus, A. S. D.t Gerdener, T. J. A.; Greyling, J. C.; Grobler, M. S. F.; Grobler. W. S. J.; Hartzenberg, F.; Hayward, S. A. S.; Henning. J. M.; Herman, F.; Heunis, J. C.; Hoon, J. H.; Horn. J. W. L.; Janson. T. N. H.; Keyter, H. C. A.; Koornhof, P. G. J.; Kotzé, S. F.; Kotzé, W. D.; Kruger, J. T.; Langley, T.; Le Grange, L.; Le Roux, F. J.; Le Roux, F. J.; Le Roux, J. P. C.: Loots. J. J.; Malan, G. F.; Malan, J. J.; Malan, W. C.; Marais, P. S.; Maree. G. de K.; Martins, H. E.; McLachlan. R.; Meyer, P. H.; Mulder, C. P.; Muller. H.; Muller, S. L.: Nel, D. J. L.; Nel, L A. F.; Otto. J. C.; Palm, P. D.; Pansegrouw. J. S.; Pieterse. R. J. J.: Potgieter, S. P.; Prinsloo, M. P.: Rail. M. J.; Raubenheimer, A. J.; Reinecke, C. J.: Reyneke, J. P. A.; Rossouw. W. J. C.: Schoeman, B. J.; Schoeman, H.; Schoeman, J. C. B.; Smit, H. H.; Swanepoel, J. W. F.; Treurnicht, A. P.: Van Breda, A.: Van der Merwe. C. V.; Van der Merwe, H. D. K.; Van der Merwe, P. S.; Vander Merwe, S. W.; Van der Merwe, W. L.; Van der Walt, H. J. D.; Van Tonder, J. A.; Van Vuuren, P. Z. J.; Van Wyk, A. C.; Van Zyl, J. J. B.; Viljoen, P. J. van B.; Visse, J. H.; Vorster, L. P. J.; Vosloo, W. L.; Wentzel, J. J. G.

Tellers : W. A. Cruywagen, P. C. Roux, G. P. van den Berg and H. J. van Wyk.

NOES—32: Basson, J. A. L.; Basson, J. D. du P.; Baxter. D. D.; Cillie, H. van Z.; Deacon, W. H. D.; De Villiers, I. F. A.; Emdin, S.; Graaff, De V.; Hickman, T.; Hopewell, A.; Hourquebie, R. G. L.; Hughes, T. G.; Jaoobs, G. F.; Malan, E. G.; Mitchell, D. E.; Mitchell, M. L.; Murray, L. G.; Oliver, G. D. G.; Raw, W. V.; Smith, W. J. B.; Stephens, J. J. M.; Steyn, S. J. M.; Taylor, C. D.: Timoney, H. M.; Van den Heever, S. A.; Van Hoogstraten, H. A.; Von Keyserlingk, C. C.; Webber. W. T.; Winchester, L. E. D.; Wood, L. F.

Tellers : H. J. Bronkhorst and J. O. N. Thompson.

Question affirmed and amendment dropped.

Motion accordingly agreed to and Bill read a Second Time.

EDUCATIONAL SERVICES AMENDMENT BILL (Second Reading) *The MINISTER OF NATIONAL EDUCATION:

Mr. Speaker, I move—

That the Bill be now read a Second Time.

The implementation of the Educational Services Act, 1967 (Act No. 41 of 1967), has gradually brought to light that certain amendments are essential with a view to realizing the original objectives of the legislation. I should like to sketch in greater detail the aspects affected by the Bill.

The first amendment applies to students enrolling at the correspondence course division of the autonomous Witwatersrand College for Advanced Technical Education. These students must comply with specific obligations in respect of the submission of assignments, progress, zeal, conduct and other regulations issued by the college. It has also for years been the custom that a candidate receives exemption or recognition for a subject on the grounds of successfully having completed a corresponding or similar subject with another recognized examining body.

According to legal opinion obtained, the Act grants the Minister no authority, in respect of a national examination which is conducted, to refuse the enrolment of a candidate who has failed to submit the assignments and comply with other regulations of the college, or to grant a candidate exemption in respect of a course successfully completed with another examining body. It is, however, regarded as essential that provision be made to prohibit a candidate, who has not completed the assignments and complied with other prescribed requirements, from writing an examination. The necessary amendment of section 13 by clause 1 (a) and (b) of the Bill is therefore being proposed to invest the Minister with the required authority in the above connection.

With reference to clause 2, Mr. Speaker, I want to mention that in the regulations, as I shall be explaining in the discussion of clause 4, provision will now be made for someone, appointed in terms of this Act, to be compelled to become a member of a medical aid fund, It is consequently necessary to provide in section 28 that such a person, who contravenes a regulation of such a fund’s constitution or neglects to comply with such a rule, shall be guilty of misconduct and that action can be taken against him. There is a similar provision in the Public Service Act, 1957, from which the wording in clause 2 has also been derived.

As far as clause 3 of the Bill is concerned, I want to mention that the present Act provides that the establishments of schools, i.e. the number of posts at schools, be determined as follows: In terms of section 16 (1) of the Act, at a State school the Minister determines the establishment according to a basis recommended by the Public Service Commission, and in terms of section 18 (1) (a) the Minister determines the establishment at a State-subsidized school.

The “basis” mentioned in the Act, and according to which the establishment of posts takes place, already exists. After an inquiry by a committee of experts, this was recommended by the Public Service Commission in respect of State schools and approved by the Minister.

In the case of State-subsidized schools the proposals are considered and approved by the Minister, if he agrees with them.

If sound reasons are given as to why there must be a deviation from the said basis as a result of changed circumstances, the same procedure, as sketched above, is followed.

Since the basis for the determination of posts is only approved after thorough investigation and careful consideration by the Minister, any subsequent action, i.e. the establishment of new posts, justified according to the approved basis, as well as the abolition of redundant posts, may with the utmost confidence be entrusted to the Secretary of the Department and other senior officers.

Consequently it is being proposed that the Act makes provision for the delegation of the powers contained in section 16 (1) and 18 (1) (a). The circumstances and the manner in which this takes place eliminates the possibility of irregularities as long as the establishment is determined according to a basis, and it has always been the intention with the transfer of the Minister’s authority to determine an establishment. However, it has now been determined that his authority to determine the establishment at State-subsidized schools in terms of section 18 (1) (a), cannot be transferred subject to a basis unless that paragraph is amended to provide for the Minister’s determining the establishment at a subsidized school according to a basis he determines. It is therefore also my intention to move such an amendment when the House considers the Bill in committee.

In the regulations made in terms of the Act it is provided that membership of the Civil Servants Medical Benefit Association is compulsory for officers and employees at State schools. When consideration was given to prescribing similar provisions in respect of officers and employees in the service of subsidized schools the legal advisers indicated that the Act does not grant the Minister the authority to issue regulations in connection with that matter in respect of someone employed at a subsidized school. In those circumstances it is regarded as necessary that section 43 (1) be amended by clause 4 so that the Minister will, in fact, obtain the authority to issue the necessary regulations.

That, Mr. Speaker, is in short the content and purport of this measure.

Mrs. C. D. TAYLOR:

Mr. Speaker, the contents of this Bill are largely administrative. There is nothing contentious about it whatsoever.

As far as clause 1 (a) is concerned, we have no objection. I understand it to mean, as the hon. the Minister has said, that some degree of flexibility will now exist in regard to courses that may have been successfully completed by students or pupils in one institution; they may now legally be given credit for these courses by another educational institution under the Act. In fact, we welcome this proposal since it makes for greater flexibility. If my information is correct, really all that this clause is doing is making what has been done in the past retrospectively legal. This is the position as far as I can gather from the hon. the Minister’s speech.

Clause 1 (b) deals with the conditions of enrolment and we are quite able to understand and to accept the motives behind it. It is true that the Minister already has the power to prescribe the academic conditions under which such institutions shall be run. We just have one query in regard to this clause. Does it in any way refer to ordinary schools? Is there any possibility, for instance, that this Bill could be applied to an ordinary school? If that were the case, we can see various complications arising therefrom. The question of the Minister’s staff controlling education standards as such we find entirely reasonable, but the use of the word “circumstances” which the Minister may prescribe raises some doubt in my mind. Other than the maintenance of academic standards, what circumstances does the Minister have in mind?

We have no objection in regard to clause 2, which deals mainly with penalties for misconduct. A new penalty is being added to the effect that teachers belonging to prescribed medical aid schemes have to abide by the regulations governing such schemes or else become subject to disciplinary action. I want to refer to clause 4, which amends section 43 (1) (jA) of the original Act, which also refers to medical aid schemes. In regard to this new proviso, I would like to ask the hon. the Minister whether there should not be an option left open for teachers under certain circumstances. Can we be quite sure that this provision is not mandatory? I would like to ask the Minister what, for instance, will be the position of women teachers, where their husbands are already covered by a medical aid fund or whose husbands are already members of the Civil Service Medical Association? This might create the problem that these couples may be obliged to pay twice, or does the word “may” in this clause leave the situation open? I would like clarification on that point.

With regard to clause 3, we want to know why section 16 (1) and section 18 (1) (a) have been left out in the first place. It seems a little odd. As things stand, in terms of section 42 of the Act the governing body of a subsidized private school has the right to decide upon the appointment of the staff and the ratio of pupils to staff. With this proposed amendment and the Minister’s delegating his powers to the Secretary or any person in the employment of the department or a governing body, does the Minister not anticipate that there might just be grounds for conflict in this regard? I refer to possible conflict between a governing body of a private school, for instance, and the representatives of the Minister’s department. Apart from this one query in regard to clause 3, we have no objection to it at all.

Subject to clarification by the Minister of the few points I have raised, we support the Second Reading of this Bill.

*The MINISTER OF NATIONAL EDUCATION:

Mr. Speaker, what is important to me in this discussion is that the Opposition, in the person of the hon. member for Wynberg, supports the principle of this Bill. I should like to express my gratitude for that. The matters raised by the hon. member are ones which, in my opinion, can more profitably be discussed in the Committee Stage, I shall then reply fully to them, because I also take into account that we are in a hurry to dispose of this Second Reading. Tomorrow in the Committee Stage I shall therefore reply more specifically to all the matters raised.

Motion put and agreed to.

Bill read a Second Time.

AGE OF MAJORITY BILL

(Second Reading)

The MINISTER OF THE INTERIOR:

Mr. Speaker, I move—

That the Bill be now read a Second Time.

Mr. Speaker, the Bill now before the House contains two principles. The first principle is in fact a re-affirmation of the existing legal position in this country regarding minors, namely that minors attain the age of majority when they reach the age of 21 years. It is at the age of 21 years that minors attain, amongst other things, full contractual capacity, the right to marry without parental option or consent. It is at this age that they are no longer subject to parental control and at which they are regarded by law as of full legal capacity.

In clause 1 of the Bill it is provided that all persons, males and females, attain the age of majority when they attain the age of 21 years. This is the position that obtained in the former colonies and republics, in each of which it was specifically enacted that the age of 21 years shall be the age of majority. In clause 9 of the Bill the repeal of these enactments is proposed. In passing I wish to mention that in some quarters it has been suggested that the age of majority should be the age of 18 years. Amongst people who have propagated this from time to time are prominent persons. I want to add, however, that this cannot be supported. The age of 21 years is the traditional age of majority and it has so been fixed by law in the Cape more than a century ago. The age of 21 years is also the age of majority in most Western countries. I doubt whether the majority of the people in South Africa would agree to the proposal that the age of majority should be lowered to the age of 18 years. How many parents would agree to this?

*Mr. Speaker, the second principle embodied in this Bill is an interesting one, i.e. that persons who are 18 years and older may upon application be declared to be majors by the court. In order to elucidate this principle in the Bill, one may trace the legal history of venia aetatis. However, I am not going to do so. If hon. members want me to do so, I shall use the Committee Stage for that purpose.

Now, what is the legal position in South Africa? The position in South Africa is that it was only in the province of the Orange Free State that the advancement of the age of majority was regulated by legislation passed by the former Republic of the Orange Free State. In terms of this legislation the applicant, who shall not be under the age of 18 years, shall lodge a petition with the State President, who shall then refer the petition to the Provincial Division of the Supreme Court in Bloemfontein for investigation and recommendation. Subsequent to that the State President shall grant or refuse the petition in accordance with the recommendation made by the court, i.e. the State President has no discretion in the matter. Since 1910 only 21 such petitions have been lodged and approved.

In the other three provinces the advancement of the age of majority is controlled by common law, in terms of which the power to grant or refuse any advancement of the age of majority is vested in the State President without the intervention of the courts. In this case, therefore, the State President does have a discretion.

Although a few of the older authorities were of the opinion that the power to grant an advancement of the age of majority was vested in the courts as well as the authorities, and that an applicant could turn to either of them, the majority of the authorities, past as well as present, are agreed that this power is vested in the Head of State.

I am not going to explain to you today, Sir, what the history in South Africa is in this regard. I have here an explanation of the position, but to save time, I am going to omit it. However, I am willing to deal with it at the Committee Stage if hon. members would like to hear it.

The two principles embodied in this Bill are (a) to regulate the advancement of the age of majority by way of legislation in all four provinces and South-West Africa, and (b) to entrust to the Supreme Court the power to authorize any advancement of the age of majority, and so to remove any existing doubts as to the body or person in whom this power is vested.

I should like to elucidate as follows the underlying reasons for this power being entrusted to the Supreme Court and not to the State President.

The Supreme Court is the supreme guardian of all minors, and in this capacity it sees to it that the interests of any minor are protected. The Supreme Court has the power to grant consent to marriage to a minor. In the light of the circumstances prevailing at present, the current procedure, as defined in the legislation of the former Republic of the Orange Free State, is a cumbrous one and imposes unnecessary work on officials. In any case, it does make provision for investigation by the Supreme Court. On close examination one finds that in terms of the Free State legislation the granting or refusal of an advancement of the age of majority is vested in the court, since the State President has to accept the recommendation made by the court; the State President does not have a discretion in the matter. It is not possible to eliminate the Supreme Court when the granting of an advancement of the age of majority is considered, since it is the proper authority for handling the necessary investigation. After all, the Supreme Court is the supreme guardian of all minors. Finally, this legislation will remove any doubts as to the body or person in whom the power to grant an advancement of the age of majority is vested—the Head of State or the courts.

I want to make a few more observations on the procedure, but under the circumstances—the shortage of time—I am not going to do so now. However, I shall gladly do so at the Committee Stage if hon. members want to put questions in that regard.

Mr. L. G. MURRAY:

Sir, the official Opposition will support the measure introduced by the hon. the Minister. I will similarly be brief in my remarks. I believe it is wise that we should have uniform legislation to replace the legislation enacted in the various colonies and the former Republics. It is interesting to note from the schedule that it is as long ago as 1829 that legislation was introduced in the Cape Colony specifying the age of majority as 71. We also believe and accept that this Bill is an understandable sequitur to the granting of the vote to eighteen-year-olds. We believe that this Bill goes in a direction which is appropriate for the 1970s and that we need no longer have ourselves hinged to legislation of over a century ago.

There are one or two matters that I want to mention in passing. I hope the hon. the Minister will be good enough to take them into consideration. We can deal with them more fully in the Committee Stage. Clause 7 of the Bill states that a person to whom a court order has been granted declaring him to be a major shall be deemed to have attained the age of majority for all purposes. We have some questions as to what effect this would have on, for instance, trusts or testamentary dispositions executed prior to the granting of the order and in which the testator or the trustee did not take the precaution of mentioning the age of 21, but merely said that certain inheritances would accrue at the age of majority. I think myself that the clause, as it is drawn, will not have retrospective effect, but I would like the hon. the Minister to have a look at this and perhaps we can then discuss it further in the Committee Stage. There is also the question of procedure, which the Minister has not touched upon and which I will also leave over for discussion at a later stage. Then, Sir, there is one other matter which comes to mind in looking at this legislation, and that is that it opens the way to income tax benefits for certain classes of persons. You will know, Sir, that at present the income of a minor is added to the income of the parent for the purpose of assessing income tax, and this sometimes considerably affects the rate of taxation payable by the parent. With a minor now being declared to be a major at the age of 18, it is possible for a man in business with two sons of 18 and 19 to introduce them into his business as directors and, by way of directors’ fees, to divide his income into three portions. His income will therefore be taxable in the hands of three persons at a much lower rate of aggregate taxation. This is one of the consequences that will flow from the passing of this Bill. There are other consequences as well that we can discuss further in the Committee Stage. We will support the Second Reading.

The MINISTER OF THE INTERIOR:

I thank the hon. member for Green Point for supporting the Bill on behalf of that side of the House. He has mentioned two very interesting points. I discussed them with him before this debate, and shall reply to them in the Committee Stage.

Motion put and agreed to.

Bill read a Second Time.

ADJOURNMENT OF HOUSE UNOER HALF-HOUR ADJOURNMENT RULE

(Alleged statement by Police Officer in connection with the Agliotti case)

Mr. M. L. MITCHELL:

Mr. Speaker, I move pursuant to Standing Order No. 25—

That the House do now adjourn.

I move this in order that we may discuss the investigation by a senior officer of the South African Police of a statement about the Agliotti case alleged to have been made by Lt.-Col. D. A. Bester, Chief Deputy Commissioner of Police. Sir, this is a matter of grave importance to the country and I think also to the Police Force. It raises the question of the operation of the Police Force and whether any directions—and, if so, what sort of directions— are given to senior police officers entrusted with these important matters in the carrying out of their duty. Without a good explanation from the hon. the Minister— and this is what we are hoping to get— we have the impression that when the Police investigate matters which might be embarrassing to the Government, strange things seem to happen. Sir, the background of these investigations are well known to all of us. There was the Agliotti scandal, the mere mention of which …

Mr. SPEAKER:

Order! I must draw the hon. member’s attention to the fact that under this motion he cannot refer to any previous debate that has taken place in this House.

Mr. M. L. MITCHELL:

No, Sir, I am merely saying …

Mr. SPEAKER:

No, in using the words “the Agliotti scandal”, the hon. the member is expressing an opinion.

Mr. M. L. MITCHELL:

I beg your pardon, Sir. Let me refer then to the words which appear in the motion—the Agliotti case, the mere mention of which gives people the twitters, amounting almost to St. Vitus’ dance. This matter was the subject of a report laid on the Table of this House. Then there was a debate on the matter. The Police had been investigating this matter long before that report was laid on the Table of the House. Indeed, it would seem that they investigated this matter even before the commission of inquiry was set up. Then, Sir, we had an answer from the hon. the Minister of Police on 3rd March, to the effect that the investigations into the Agliotti case were not expected to be completed until June of this year, with no real explanation to this House or to the country as to how it was that these investigations could have taken so long and why they would take so long. Thereafter, we had the most extraordinary turn of events concerning this investigation, which happened in the offices of the Natal Mercury in Durban, a morning newspaper. What happened was that a person who was later identified but was not then immediately known and would not identify himself, went to the Mercury offices accompanied by another person and asked to see the crime reporter, one Mr. Gerrie Strauss. They wanted to question him. Sir, I think it is important to appreciate just what happened. Apparently a Brig. Prinsloo then talked to Mr. Strauss. The conversation went like this—

Prinsloo: Who did you telephone and who did you speak to after you left us in the foyer? Strauss: I tried to get hold of my attorney. Prinsloo : What did you want an attorney for? Strauss : I wanted to establish my legal rights. Prinsloo : Why are you worried about your legal rights? You haven’t heard half of what I have to say yet … Strauss : I want to know my legal rights because people are put away for 180 days without trial. Prinsloo : Do you think that this is what is going to happen to you? Strauss : I don’t know what is going to happen to me. I am afraid, that’s all … Prinsloo : There is nothing to be afraid of. All I want is a statement from you on what Gen. Bester told you about the Agliotti case. Strauss : Gen. Bester has never at any time discussed the Agliotti case with me. The last time I saw him there were five other people present at the dinner at a friend’s beach cottage, and at no time was I alone with Gen. Bester the whole evening. Nor was the case mentioned in my presence. Prinsloo: Have you ever spoken to anyone about Gen. Bester giving you information about the Agliotti case? Strauss : No, I told you I know nothing about this. Prinsloo: But we have evidence that you did say Gen. Bester gave you information about the case. Strauss: What is your evidence? Who is my accuser? Prinsloo : Look, all I am asking is for you to make a sworn statement in writing of what you have told me.

A little later on Strauss said—

You say you have evidence of what you are alleging. Are you prepared to disclose the name of your informer? Prinsloo : No, I am not. Strauss : I elect not to make a sworn, written statement.

After this Mr. Gerrie Strauss telephoned Gen. Bester in Pretoria, and I quote his version of the events, from the Mercury of last Friday—

In the early afternoon I was able to contact Gen. Bester by telephone at Police headquarters in Pretoria and told him that two detectives, one named Prinsloo from Pretoria, had questioned me about an alleged interview I was supposed to have had with him, the General, in regard to the Agliotti affair. From a description of the man, Gen. Bester concluded that “I am being investigated by a brigadier on my own staff”. He was sure the man was Brig. Gert Prinsloo. Gen. Bester was furious. He thanked me for the information and said I would hear from him again.

Sir, it would appear from that that this was the first time the general knew about his investigation, and he was furious. Sir, surely this is not the way you treat your Deputy Commissioner. Because he is one of the longest serving policemen with the finest record; he is the Deputy Commissioner of Police and the Chief of the C.I.D. and in charge of the investigations into the Agliotti affair.

This is what apparently happened, and I find it unbelievable without some explanation. The Commissioner of Police has said in a Press statement that at some time while the investigations were in progress, General Bester was put in the picture, but apparently on the evidence available to us, not when they were started. I would have expected that what would normally be done was that the Commissioner would call his friend and colleague and say to him: “Look, man, what is going on here?” And the Deputy Commissioner would have told him what is going on, and that could have been the end of the matter. [Interjections.] No one asked anything like this. No one ever mentioned this at all, but this is what one would have expected. If this is what happens, this sort of attitude is hardly calculated to engender confidence within the Police Force and hardly calculated to enhance the morale of the Force. In fact, I think the situation was perhaps summed up by a senior Police officer to the Daily News on that Friday that the story broke, as follows—

One senior officer said that reading between the lines it would appear that General Bester had been completely in the dark about this inquiry. “If this can happen at the top, God help us down below. Is everybody going mad?”

But this is not the end of the story, because then General Joubert, the Commissioner of Police, telephoned, presumably having had a telephone call from Prinsloo. He telephoned Strauss, the reporter, and I will quote what he said—

About half an hour later I received a telephone call from the Commissioner of Police, General Joubert. He asked me why I had refused to make a sworn statement to Brigadier Prinsloo, and I replied that I had refused for several reasons: (1) Because the whole thing was so bloody ridiculous; (2) that the investigating officer did not identify himself as a brigadier and would not identify the person or persons who had made these allegations. General Joubert said : “We all know the whole thing is ridiculous and a lot of nonsense and that is why we want a statement from you to clear the matter up once and for all.”
An HON. MEMBER:

What is wrong with that?

Mr. M. L. MITCHELL:

I will tell you what is wrong with that. If it was so ridiculous and if it was a lot of nonsense in the opinion of the Commissioner of Police, then even more so, a fortiori, one would have expected them to have gone to General Bester and to have said : “Look, here is this thing which is a lot of nonsense and which is ridiculous, and what have you got to say about it?” But this is not what happened. The Commissioner of Police himself asked Strauss for a sworn statement. Why was it not enough, if it was a lot of nonsense and it was ridiculous, merely to take the word of General Danie Bester as an officer and a gentleman? That is what one would have expected; but no, this did not happen. I must get on. Then one has this extraordinary thing. What was the statement which was of such importance that the Commissioner himself had to investigate it and there had to be sworn statements? On the face of it I would have expected, as I said, the Commissioner to have been satisfied with the word of his deputy, but he wanted sworn statements—not to satisfy him. He would have been satisfied, I believe, by the word of his deputy as an officer and a gentleman. But someone else wanted to be satisfied, and not him, General Joubert. That is the question that is here. The only other persons who could even presume to want more information would be the Minister of Police or the Prime Minister. They are the two other people who have the power to inquire into such a matter. What we want to know is what is this statement which caused such a furore and caused this extraordinary behaviour? This statement must have been of great significance to someone, not necessarily of great significance to the Commissioner of Police, but of great significance to someone, so that he himself investigated it and that sworn statements are required. As far as the Commissioner was concerned it was ridiculous and a lot of nonsense.

Then, the Commissioner of Police said that this was a departmental matter. If that is so and only he was involved, surely he was the person who would accept the word of his deputy. Once he is satisfied by talking to him, that is the end of the matter as far as he is concerned, because this is a departmental matter and he is the person who decides; he is the boss of that department, and once he is satisfied that is the end of the matter. That makes one feel even more that he would not want a sworn statement, but someone in fact wanted this statement, and that someone, without some explanation, could only be the Minister of Police or the hon. the Prime Minister.

And then, suddenly far from becoming ridiculous and a lot of nonsense, this matter suddenly becomes a delicate one. The hon. the Minister has told us that the inquiry into the Agliotti case was a delicate one. In fact, I think he said it was a very delicate one. That was on 3rd March. Then the Commissioner of Police, in the course of all this, said the same thing. The hon. the Minister said this was a very delicate matter. Sir, what is delicate about this Agliotti case? It is an ugly matter. It is the opposite of delicate, and in fact the report of the Commissioner indicated the presence of mala fides in that report. But this is now referred to as delicate. What has made the inquiry delicate? It cannot be the fact of the matter. It must be the involvement of someone with some interest which has made this matter, which was described by the Commissioner as involving mala fides, delicate.

My time is expiring. I just want to ask one other thing. In the course of all this there suddenly appeared in the Tribune a statement by Mr. Gert Claassen, the former M.P.C. for Umlazi. Mr. Gert Claassen was apparently the person—and this is how he comes into it—who is referred to in that statement where the dinner party took place. Mr. Gert Claassen said that nothing happened at the dinner party; they did not talk about the Agliotti case, etc. He said—

I am flabbergasted that an old friend could have suffered as the result of a dinner party in my house. The Government will live to regret this, and I mean this as one who will die a Nationalist. Now the whole truth about the Agliotti business must come out.

Now, has that statement been investigated? What does Mr. Gert Claassen mean by the whole truth having come out? The implication is that the whole truth has not come out. [Interjections.] At this stage I will ask the hon. the Minister whether he will now give this House and the country an explanation of these extraordinary events.

*Mr. J. T. KRUGER:

The hon. member for Durban North probably thought he was going to drop a bombshell here this afternoon, but I can assure him that it was nothing but a damp squib. If this has to be a matter of public importance, I feel sorry for the Opposition that they have to try to come to this House with a matter of this kind. I can only say to the hon. member that if he thinks he is furthering the cause of the United Party by scratching around in the rubbish heap for gossipmongering stories like a political ferret and then wanting to conduct a major debate on it, he is making a very big mistake. [Interjections.] Why did the hon. member ask for this debate? He received his normal publicity in the Sunday Times on Sunday with a lot of rubbish, where he asked questions and tried to make insinuations against the hon. the Minister of Police and the hon. the Prime Minister. After he had made those insinuations they became front-page news. The next day the Commissioner of Police made a full statement in the Press. He told the Press that this was a departmental inquiry. There are many departmental inquiries. One would have expected the hon. member for Durban North, if he reads his Press as faithfully as he reads his little Natal newspaper, to have known about this statement, and he would not then have requested this debate. But in spite of that he requested this debate after he had heard that a matter had been investigated. And let me now tell him why it is necessary to investigate statements which reach the ears of the Commissioner. It is necessary because we should like Gen. Bester’s name to be cleared completely. If the Commissioner had gone to him, as the hon. member suggested and had said : “Look here, Danie, did you say this?” and Danie had replied: “No, my old friend, I did not say that”, what would we have had then? We would then have had one debate after another here and we would have been asked to appoint a judicial commission of inquiry. That is why the Commissioner acted correctly. [Interjections.] I just want to tell the hon. member that even the English-language Press stated by implication that the whole matter had been solved. Here it stands in the Pretoria News: “Bester, U.P. wants debate.” That newspaper states : “He has been cleared.” In other words, why does the United Party want a debate? For no reason whatsoever.

Mr. M. L. MITCHELL:

No one suggested there was anything wrong with Gen. Bester.

*Mr. J. T. KRUGER:

With this debate the United Party simply wants to do some political muck-raking. There is absolutely nothing wrong here, but the United Party is making a great issue of it. Let them make a great issue of it now. I want to say that they are only making fools of themselves. With this matter the hon. member for Durban North has made a complete fool of himself.

*The MINISTER OF POLICE:

Mr. Speaker, from last Friday up to last night, while the newspapers were engaged in this controversy which has led to this debate this afternoon, I was, fortunately, not anywhere near here. I was far away on other official duties. Actually I am grateful for having been spared that. It seems to me that lately the hon. member for Durban North has become a puppet of the English newspapers. When they pull the string, he jumps about; he dances around according to the wishes and desires of the English newspapers.

If time permits, I shall come back to that later. In the first place, as I think it is my duty to do, I want to relate the full history of what happened. In the first place, a report was conveyed to the Commissioner of Police personally that Gen. Bester had allegedly made certain statements to a reporter of an English language newspaper in Natal. These statements which Gen. Bester had allegedly made, were to the effect that the Government wanted to impose certain restrictions on certain aspects of the inquiry into the Agliotti matter. In other words, what it amounted to was that the Police, because of action from the side of the Government, could not conduct their inquiry freely and in an unhampered way. Furthermore, according to the report conveyed to the Commissioner of Police, Gen. Bester had allegedly told the reporter that as a result of the interference of the Government in regard to the inquiry into the Agliotti case, he was going to retire before he was due to retire and that, after he had retired, he would make the full story and all information available to this reporter for publication. This, more or less, is the content of the statement allegedly made to the reporter by Gen. Bester. It goes without saying that the Commissioner of the South African Police, who is responsible, in the first place, not only for the inquiry into the Agliotti case, but also for every officer and member of the force serving under him, regarded the statement allegedly made by Gen. Bester in a very serious light. He regarded it as his duty to do something about it and to take action. For that reason he personally started investigating the case. Here I should like to emphasize very seriously what the hon. member for Prinshof said a moment ago; the only point which the hon. member for Durban North made, was that Gen. Joubert, as Commissioner of Police, should have approached Gen. Bester and asked him what he had said on that occasion. Sir, these things are United Party gossip; it is a wicked campaign in which they are participating. If Gen. Joubert had received the reply from Gen. Bester that he had not said something like that, do hon. members think the gossip would have stopped in Natal?

*HON. MEMBERS:

Never!

*The MINISTER:

It is in that hon. member’s part of the world where this gossip is being spread, i.e. in Natal. Therefore I say that it would have been totally unsatisfactory …

*Mr. S. J. M. STEYN:

Was it a public inquiry?

*The MINISTER:

No, there was no public inquiry. The only other point which the hon. member for Durban North made, was that an officer who was Gen. Bester’s junior, had allegedly investigated the matter. The investigation which took place was conducted by the Commissioner of Police himself, under his supervision, but it is obvious that he cannot do everything himself. Therefore he asked one of his very responsible and senior officers to go to the person who had supplied the information about what Gen. Bester had allegedly said, in order to get a statement from him about the question whether Gen. Bester had said something like that and what he had in fact said.

*Mr. G. D. G. OLIVER:

Did Gen. Bester know about it?

*The MINISTER:

I want to emphasize that in so far as Gen. Joubert did not conduct the investigation himself, it was conducted with him directly in charge; it was only in so far as he was unable to handle it himself that he appointed another responsible officer to go and take down a statement at a particular place. It was not regarded as a charge against Gen. Bester. In fact, according to what Gen. Joubert told me, he was convinced that there was no truth in such a statement; he is convinced that there was no interference in the Agliotti case from the side of the Government.

*Mr. S. F. KOTZÉ:

Those are merely United Party stories.

*The MINISTER:

He was not aware of any hampering in connection with the Agliotti inquiry.

Mrs. C. D. TAYLOR:

Why did he do anything then?

*The MINISTER:

If an allegation such as this were true, the Commissioner of Police would have taken action and ensured that the investigation of the Agliotti case proceeded, regardless of who on earth would be affected by it. He would have done so had there been any truth in the statement. On the other hand, if there were no truth in such a statement, he would at least want to determine who the liar was. He would want to determine who the man was who had lied and who had implicated Gen. Bester’s name in that way. Therefore it was essential for the Commissioner of Police to investigate what had happened here. It is probably still necessary and desirable to investigate the case further.

For these reasons, the Commissioner of Police sent Brig. Prinsloo to go and speak to the person to whom Gen. Bester had allegedly made certain statements. I want to emphasize here that the Commissioner of Police received no instruction whatsoever from me or from the Prime Minister regarding this action taken by him. He did so in his capacity as Commissioner of the South African Police. But I also want to say frankly that I approve of his every action. Had he asked me beforehand whether he were to have done this in the way in which he in fact did, I would have given him the necessary instruction to do so. Brig. Prinsloo then went to conduct an interview with the reporter referred to a moment ago. As the hon. member for Durban North rightly remarked a few moments ago, Brig. Prinsloo was hardly in conversation with the reporter when a telephone call came through to Gen. Bester in Pretoria. Gen. Bester went to the Commissioner’s office when he heard that questions had been put to the reporter. Apparently Brig. Prinsloo was still in the office of the reporter. On that occasion the Commissioner of Police told Gen. Bester everything, including what he had allegedly said. Subsequently Gen. Bester made a full affidavit and denied that he had made these statements he had allegedly made. Brig. Prinsloo did not take a statement from the reporter. He himself made a signed affidavit which he sent by post to the Commissioner of Police. Similarly, the reporter denied that Gen. Bester had made these statements. [Interjections.]

Mr. M. L. MITCHELL:

That is not the issue. I mentioned it. Deal with the issue. [Interjections.]

Mr. SPEAKER:

Order!

*The MINISTER:

I made the statement that Gen. Bester had made an affidavit in which he said that he had not made these statements. The reporter, too, made an affidavit that he had not made the statement.

Mr. Speaker, I regard this action of the newspapers and of that Opposition as a planned, wicked gossip campaign aimed at creating suspicion and doubt as to the honesty and integrity of responsible persons in this country. [Interjections.] Mr. Speaker, it is disgraceful what they are doing to South Africa. We are grateful we still have a Commissioner of Police who is prepared to take immediate action in order to settle these things. I should like to say to the hon. the Leader of the Opposition that as regards his people, this Muddy Mitchell, who is always scratching around in the mud, it is high time he …

*HON. MEMBERS:

Who is that?

*The MINISTER:

That is his name : Muddy Mitchell. The hon. the Leader of the Opposition should restrain this Muddy Mitchell for a change. By means of this episode they have done Gen. Bester a disservice. [Interjections.] Mr. Speaker, they have done the Police a disservice and they have done South Africa a disservice.

Sir DE VILLIERS GRAAFF:

Mr. Speaker, if ever the Police have been done a disservice, then I think they have been done it by the Minister of Police this evening. [Interjections.] They have been done it by the Minister of Police this evening, because this hon. gentleman has left a number of very important loose ends in his statement. He has placed us in a position that we are very unhappy about the manner in which a senior officer of the Police in South Africa has been treated, apparently with the full approval of the hon. the Minister. There is the statement by the Commissioner of Police that “Brig. Bester is van die begin af in hierdie saak geken”. Is that why he was so furious …

Discussion having continued for half an hour,

The House adjourned at 6.19 p.m.