National Council of Provinces - 26 January 2000
WEDNESDAY, 26 JANUARY 2000 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 14:03.
The Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
WELCOMING OF MEMBERS
The CHAIRPERSON OF THE NCOP: Order! Hon members, on behalf of the presiding officers of the National Council of Provinces, I would like to welcome members back. I hope this will be a busy, rewarding and successful year for members of the National Council of Provinces and for Parliament generally.
I hope members have been doing a great deal with respect to their constituency work and have come back to Parliament with fresh energy and enthusiasm in order to ensure that the year 2000 is successful. With those words I welcome you all back.
NOTICES OF MOTION
Mnr A E VAN NIEKERK: Voorsitter, ek gee hiermee kennis dat ek môre sal voorstel:
Dat die Raad -
(1) met spyt verneem van die grootskaalse skade wat gely is in die besproeiingsboerderybedryf in die Noord-Kaap as gevolg van die ongekende reënval;
(2) hiervan kennis moet neem omdat landbou in die Noord-Kaap ‘n dominante rol speel in die ekonomie van die provinsie en daarom ook ten opsigte van werkverskaffing;
(3) verder kennis neem dat rampe van sodanige omvang gepaardgaan met ‘n drastiese afname van inkomste vir die hele provinsie, wat reeds beraam word op ongeveer R500 miljoen, en dus ‘n groot invloed het op indiensneming en dus ook ‘n belangrike rol speel ten opsigte van die bekamping van werkloosheid;
(4) ook kennis neem van die dankbaarheid wat daar is oor hierdie ongekende reëns in die eksklusiewe boerderygedeeltes van die Noord- Kaap waar dit ‘n baie welkome en belangrike uitkoms gebied het; en
(5) besluit om aandag te skenk aan die effek wat natuurlike rampe op die landbou het en om verder saam met georganiseerde landbou, werknemersorganisasies en ander rolspelers opnuut te kyk na maniere om hierdie belangrike bedryf in Suid-Afrika te ondersteun. (Translation of Afrikaans notice of motion follows.)
[Mr A E VAN NIEKERK: Chairperson, I hereby give notice that I shall move on the next sitting day:
That the Council -
(1) notes with regret the large-scale damage suffered in the irrigation farming industry in the Northern Cape as a result of the unprecedented rainfall;
(2) must take note of this because in the Northern Cape agriculture plays a dominant role in the economy of the province and therefore also with regard to the provision of employment;
(3) further notes that disasters of this degree are associated with a drastic reduction in revenue for the entire province, which is already estimated to be approximately R500 million, and therefore have a significant impact on employment and thus also play an important role with regard to the combating of unemployment;
(4) also notes the gratitude regarding this unprecedented rain in the exclusive farming regions of the Northern Cape where it provided very welcome and important relief; and
(5) resolves to give attention to the effect that natural disasters have on agriculture and furthermore, together with organised agriculture, employees’ organisations and other role-players, to look anew at ways to support this important industry in South Africa.]
Mnr P A MATTHEE: Mev die Voorsitter, ek gee hiermee kennis dat ek op die volgende sittingsdag sal voorstel:
Dat die Raad-
(1) kennis neem van die afgryslike moorde en ander geweldsmisdade wat sedert die laaste sitting van die Raad verlede jaar, in ons land plaasgevind het;
(2) die premiers van al die verskillende provinsies versoek om so gou as moontlik, maar voor of op 31 Mei 2000, die Raad van ‘n verslag te voorsien waarin uiteengesit word of die Suid-Afrikaanse Polisiediens in hulle onderskeie provinsies enige tekort aan behoorlik opgeleide personeel en/of toerusting, insluitende voertuie en ander logistieke ondersteuning, ondervind wat hulle kortwiek in hulle pogings om misdaad maksimaal te voorkom en te bekamp, en indien wel, presies wat daardie tekorte is en wat ‘n beraamde begroting is om dit reg te stel. (Translation of Afrikaans notice of motion follows.)
[Mr P A MATTHEE: Madam Chair, I give notice that I shall move on the next sitting day:
That the Council -
(1) notes the dreadful murders and other violent crimes that have been committed in our country since the last sitting of this Council last year; and
(2) requests the Premiers of all the various provinces, as soon as possible but on or before 31 May 2000, to furnish the Council with a report in which they explain whether the SA Police Service in their respective provinces is experiencing any shortage of adequately trained personnel and/or equipment, inclusive of vehicles and other logistical support, which is handicapping it in its efforts to prevent and combat crime to the maximum and, if so, precisely what those shortages are, and an estimated budget to rectify this.] FIRES IN THE WESTERN CAPE
(Draft Resolution)
Mnr C ACKERMANN: Mev die Voorsitter, ek stel sonder kennisgewing voor:
Dat die Raad -
(1) met skok en medelye kennis neem van die talle brande wat in die afgelope tyd in die Wes-Kaap plaasgevind het;
(2) sy simpatie uitspreek teenoor persone wat persoonlik en materieel daardeur getref is;
(3) die gemeenskappe, organisasies, kerke en verenigings waar die brande voorgekom het, bedank vir hulle betrokkenheid, hulp en deernis teenoor die slagoffers van hierdie brandramp;
(4) die brandslaners, talle vrywilligers asook brandweerdienste van die onderskeie plaaslike owerhede en die Nasionale Weermag bedank vir hulle onbaatsugtige diens wat meestal in uiters moeilike omstandighede en met ‘n gebrek aan rus en slaap gepaard gegaan het;
(5) die publiek aanmoedig om die rampfonds wat in die lewe geroep word, te ondersteun;
(6) die Regering vra om kennis te neem van die Premier van die Wes-Kaap se oproep dat dit tot ‘n rampgebied verklaar word; en
(7) vra dat ‘n nasionale rampbestuursplan in die lewe geroep word en dat hierdie plan so vinnig moontlik voorsiening sal maak vir hierdie tipe onvoorsiene rampe wat in ons land kan voorkom en waardeur persone geraak kan word. (Translation of Afrikaans draft resolution follows.)
[Mr C ACKERMANN: Madam Chairperson, I move without notice:
That the Council -
(1) notes with alarm and compassion the many fires which have recently occurred in the Western Cape; (2) expresses its sympathy with the people who have been personally and materially affected in this regard;
(3) thanks the communities, organisations, churches and associations among whom the fires occurred for their involvement, assistance and commiseration regarding the victims of these fires;
(4) thanks the fire-fighters, the many volunteers as well as the various local authorities’ fire departments and the National Defence Force for their selfless services which mostly went accompanied by a lack of rest and sleep under extremely difficult circumstances;
(5) encourages the public to support the disaster fund that has been set up;
(6) requests the Government to take note of the call by the Premier of the Western Cape that it be declared a disaster area; and
(7) requests that a national disaster management plan be established and that such plan provide as soon as possible for this type of unforeseen disaster which can occur in our country and by which people can be affected.]
Motion agreed to in accordance with section 65 of the Constitution.
ROAD ACCIDENTS LEADING TO DEATH AND INJURY
(Draft Resolution)
Ms P C P MAJODINA: Chairperson, I move without notice:
That the Council -
(1) takes note -
(a) with great concern of the recent road accident in the Eastern
Cape Province on 21 January 2000;
(b) that this accident claimed the lives of 26 people travelling in
the bus carrying a total of 75 passengers coming from Port St
Johns, Libode, Umtata, Engcobo and Cala to their place of work
in Rustenburg;
(c) that the horror accident apparently occurred whilst this bus was
in the process of overtaking a small vehicle;
(d) that this was on a clear stretch of road which was apparently
wet;
(e) that the bus was definitely overloaded and had been travelling
at a high speed; and
(f) that 18 passengers died at the scene and eight later in
hospital;
(2) recommends that -
(a) an immediate investigation of this accident be carried out with
the assistance of the Department of Transport and the CSIR;
(b) the provincial Department of Transport continues with
implementing the resolutions as adopted at the Cape Town bus
summit in November 1999 and the envisaged commission of inquiry
in those resolutions which should be extended to cover even this
latest accident; and
(c) the President be implored to declare this particular accident as
a disaster;
(3) further notes that -
(a) the Member, Boysie Willem, from the Eastern Cape was involved in
a terrible collision with a police truck on 14 January 2000; and
(b) he was badly injured together with his wife, his kids and a
younger brother; and
(4) wishes them a speedy recovery.
Ms C S BOTHA: Chairperson, I move as an amendment that the bus accident be
noted'' as a disaster and notdeclared’’ a disaster.
Amendment agreed to.
Motion, as amended, agreed to in accordance with section 65 of the Constitution, namely:
(1) takes note -
(a) with great concern of the recent road accident in the Eastern
Cape Province on 21 January 2000;
(b) that this accident claimed the lives of 26 people travelling in
the bus carrying a total of 75 passengers coming from Port St
Johns, Libode, Umtata, Engcobo and Cala to their place of work
in Rustenburg;
(c) that the horror accident apparently occurred whilst this bus was
in the process of overtaking a small vehicle;
(d) that this was on a clear stretch of road which was apparently
wet;
(e) that the bus was definitely overloaded and had been travelling
at a high speed; and
(f) that 18 passengers died at the scene and eight later in
hospital;
(2) recommends that -
(a) an immediate investigation of this accident be carried out with
the assistance of the Department of Transport and the CSIR;
(b) the provincial Department of Transport continues with
implementing the resolutions as adopted at the Cape Town bus
summit in November 1999 and the envisaged commission of inquiry
in those resolutions which should be extended to cover even this
latest accident; and
(c) the President be implored to note this particular accident as a
disaster;
(3) further notes that -
(a) the Member, Boysie Willem, from the Eastern Cape was involved in
a terrible collision with a police truck on 14 January 2000; and
(b) he was badly injured together with his wife, his kids and a
younger brother; and
(4) wishes them a speedy recovery.
RECENT DISASTERS AND TRAGEDIES
(Draft Resolution)
Mrs J N VILAKAZI: Chairperson, I move without notice:
That the Council -
(1) expresses its sadness at the fact that -
(a) the closing of the last millennium was characterised by the
tragedies caused by air crashes, an increase in road accidents,
the bombings in Cape Town, floods and ongoing crime and
violence; and
(b) the new millennium has started with the fire disaster in the
Cape Peninsula;
(2) expresses its deep sympathy with all those affected by these tragedies; and
(3) urges South African citizens to stop crime and violence and to start living.
Motion agreed to in accordance with section 65 of the Constitution.
ASMARA CONFERENCE IN ERITREA FOR THE PROMOTION OF INDIGENOUS AFRICAN
LANGUAGES
(Draft Resolution)
Mr A E VAN NIEKERK: Chairperson, I move without notice:
That the Council -
(1) takes note of the Asmara Conference in Eritrea where a declaration has been drawn up to promote the use of Africa’s indigenous languages; (2) welcomes this declaration as part of the African awakening and seizure of the continent’s people through their diversity of mother languages;
(3) acknowledges that the indigenous languages in Africa are essential for the promotion of the ideas of the people of Africa and the African Renaissance;
(4) recognises that the report by top African writers, publishers and academics who attended the conference, acknowledges the diversity of the African languages that reflects the cultural heritage of the continent and must accordingly be utilised to promote oneness;
(5) expresses the wish, as South Africans were involved in the Asmara declaration, that the representatives inform the relevant Select Committee fully thereof and make a copy available;
(6) is of the view that steps should be taken to translate the document into all South Africa’s indigenous languages for circulation; and
(7) resolves to deliberate on the report of the Committee.
Motion agreed to in accordance with section 65 of the Constitution.
The CHAIRPERSON OF THE NCOP: Order! I ask that members ensure that their motions are kept brief, because members are tabling motions that are rather too long. We have already asked previously that they be kept brief.
1999 MATRICULATION RESULTS
(Draft Resolution)
Mev J WITBOOI: Mev die Voorsitter, ek stel sonder kennisgewing voor:
Dat die Raad -
(1) die 1999-matrikulante gelukwens wat suksesvol was;
(2) die Wes-Kaap-regering gelukwens met die hoogste slaagsyfer in die land; en (3) met groot kommer kennis neem van die feit dat die helfte van die land se matrikulante die 1999-eksamen nie geslaag het nie. (Translation of Afrikaans draft resolution follows.)
[Mrs J WITBOOI: Madam Chair, I move without notice:
That the Council -
(1) congratulates the successful matriculants of 1999;
(2) congratulates the Western Cape government on the highest pass rate in the country; and
(3) notes with great concern the fact that half the country’s matriculants did not pass the 1999 examination.
Motion agreed to in accordance with section 65 of the Constitution.]
CONGRATULATIONS TO BAFANA BAFANA
(Draft Resolution) Mrs J N VILAKAZI: Chairperson, I move without notice:
That the Council congratulates Bafana Bafana on their victory to date in the Africa Nations Cup and wishes them every success in the rest of their games.
Motion agreed to in accordance with section 65 of the Constitution.
Mr G R KRUMBOCK: Chairperson, I have an amendment. Bafana Bafana are not playing today. I think Mrs Vilakazi is referring to the match against Gabon which took place on Sunday night. I therefore think we should say ``the recent Bafana Bafana victory’’.
The CHAIRPERSON OF THE NCOP: Order! The motion has already been agreed to,
and thus we cannot amend it. I am sure we could make a correction if there
is a substantive error, but we have agreed to the motion, and I believe
to date'' was the phrase used, nottoday’’.
PHARMACY AMENDMENT BILL
(Consideration of Bill and of Report thereon) The CHAIRPERSON OF THE NCOP: Order! We welcome the Minister of Health who is the first Minister to speak in the NCOP in the year 2000. We hope it will be a healthy year for us.
The MINISTER OF HEALTH: Thank you, Chairperson, this amending Bill seeks to ensure just that.
Chairperson, members of the national committee and of provinces and my dear colleagues, there are many challenges to be met in order to improve health in South Africa. National indicators of health status reflect large disparities in health status on the basis of race, geographic region and socioeconomic status. The Department of Health continues to strive for better health outcomes for all South Africans. We are committed to the continuous improvement and maintenance of the health of our people.
The overall goals and objectives of the health care service therefore are: To provide a comprehensive and integrated health care service; to promote equity, accessibility and utilisation of health care services; to extend the availability and ensure the appropriate use of health care services; to strengthen health promotion activities; to develop the human resource plan for the health sector; to foster community participation across the health sector; and to improve health sector planning and monitoring of health status and services. These goals and objectives underscore all that we do as a health care service.
The 10 point plan will facilitate the process of accelerated quality health service delivery. Quality health service delivery is an outcome of many activities. One of these activities should ensure the availability of appropriate drugs in the correct quantities where and when needed, in a reliable, affordable and cost-effective manner.
The availability of drugs in a reliable, affordable and cost-effective manner is therefore very crucial and integral in the treatment regimens aimed at improving the quality of life. To achieve this it is vital that the following crucial activities, as outlined in our national drug policy of January 1996, be carried out. These are the selection of drugs which should be on the essential drugs list, the procurement and distribution of these drugs; the rational use of these drugs by both prescribers and consumers; the strengthening of drug management systems in order to reduce theft; and the improving of the drug supply chain in order to reduce shortages.
The crucial steps cannot be left to chance by any responsible health delivery system. They should be well handled at all levels all the time in order to ensure a reliable, constant flow of essential drugs. Pharmacists, as a professional category that is uniquely trained in these aspects, should be available in order to handle these activities in our health delivery system.
Shortages, or the unavailability of pharmacists in our health services, compromise and cripple the entire system of drug management, supply and rational usage at key strategic points.
In South Africa we currently have 10 206 registered pharmacists, with a 51:49 female-male ratio recorded. About 83% of these are practising full time in South Africa. The following statistics sketch the scenario by province - I am sure you will be interested in this. The number of registered pharmacists in South Africa, as I have already indicated, is 10
- Of these, 1 490 are in KwaZulu-Natal, 826 in the Eastern Cape, 4 118 in Gauteng, 433 in North West, 271 in the Northern Province, 112 in the Northern Cape, 398 in Mpumalanga, 415 in the Free State and 1 664 in the Western Cape, and 444 are practising outside South Africa.
A severe maldistribution of pharmacists is also found between the public and private sectors. Only 26% of pharmacists are employed in the public sector, which serves more than 80% of our population. Only 15% of pharmacists actually provide services in the public sector, if we exclude those employed in administrative and academic positions. It is only 15%. Currently about 50% of pharmacy posts in the public sector are vacant.
It is also important to note that there is one pharmacist for every 3 752 people in South Africa, and that is a ratio of 1:3. There is one pharmacist for every 1 738 people in Gauteng and one pharmacist for every 16 446 people in the Northern Cape, and yet the World Health Organisation average for industrialised countries is one pharmacist for 2 300 people.
About 500 pharmacy students qualify from academic institutions annually to become interns. Of these, about 25% do their internship training in public sector institutions. It is therefore imperative for any responsible government that is serious about service delivery and which focuses on good quality health care that is accessible to all South Africans and realises the crucial role that pharmacists play in ensuring that all aspects that pertain to drug supply and management and rational usage are adhered to, to do something about this unacceptable situation which I have just sketched for members.
We have to make sure that appropriate pharmaceutical services are in place and an adequate number of pharmacists are found within the public sector.
The Pharmacy Amendment Bill, to be called the Pharmacy Amendment Act of 1999, amends the Pharmacy Act of 1976 so as to provide for the performance of community service by persons registered for the first time as pharmacist and to provide for matters connecting therewith as from 1 January 2001.
Any person registering for the first time as a pharmacist in terms of this Act shall perform remunerated pharmaceutical community service for a period of one year in terms of the regulations that are contemplated. On the completion of such service such a person will be entitled to registration to practise as a pharmacist. The introduction of this service will make available to the public sector about 500 pharmacists annually as from 1 January 2001.
I am sure hon members will agree with me that this will go a long way in addressing the acute shortage of pharmacists in the public sector. Our health care strategic framework for 1999 to 2004 aims to build on our current strengths and weaknesses, and relates this to our vision and the future. We therefore have to consolidate our achievements and aggressively take on the remaining challenges.
With regard to pharmaceutical services, the achievements to date include the compilation of the essential drugs list and the standard treatment guidelines for adults, paediatrics and primary health care services. To support this, however, we have an inadequate system of appropriate drug supply management and rational drug use at all levels of health service delivery. The availability of essential drugs where and when they are needed and their usage in a rational way remains one of the key challenges to the success of our health services in making good quality health care accessible.
The availability of additional pharmacists within the public sector when this Bill is implemented will certainly complement all our efforts at achieving good quality health care that is accessible to the people of South Africa. The people of this country will definitely benefit from these endeavours. [Applause.]
Ms L JACOBUS: Comrade Chairperson, Comrade Minister, special delegates and members, the Pharmacy Amendment Bill before us today is of significant importance, especially to our people in the remote rural areas of our country. I had the privilege of travelling to the Eastern Cape and KwaZulu- Natal early in December 1999 on a site visit to some of our clinics and other health facilities in these two provinces. What we discovered there was shocking, to say the least, and a full report on the findings of this study tour will be tabled in this House in due course.
Amongst the major problems raised there was a shortage of medical staff. When Parliament passed the Medical, Dental and Supplementary Health Service Professions Amendment Bill in 1998, it did so in order to address the shortage of medical doctors, and to ensure an equitable distribution of human resources throughout the country. This proposed amendment before us today will be doing exactly the same with respect to pharmacists.
During our engagement with the department, they submitted to us a list of the number of practising pharmacists in South Africa as at the end of 1999. These currently total 10 206, of which the large majority, which is 4 118, is concentrated in Gauteng. The large rural provinces of the Northern Province and the Northern Cape have 271 and 112 pharmacists respectively. According to statistics of the World Health Organisation, the average number of pharmacists for industrialised countries like ourselves is 1:2 300.
Gauteng has statistically the highest distribution of pharmacists. When compared with the Northern Cape, it has approximately 4 000 more pharmacists. However, a report released by the MEC for health in Gauteng indicates that state-run hospitals and clinics are not the beneficiaries of this large number of pharmacists. The report, which was the result of a commission of inquiry into hospital care and practices in Gauteng, indicated that some hospitals are unable to cope with the patient load and that between 300 and 500 patients are requested to return the following day for medication after having spent the greater part of the day waiting for it. This is clearly an untenable situation.
The commission also found that hospitals generally experience a high turnover of pharmacists. As a consequence of the shortage of pharmacists, ward sisters end up performing this function, dispensaries have no inventory system and expired medication is handed out to patients.
These consequences are duplicated throughout the country with no province being exempt. It is my belief that no responsible government can allow such practices to continue unchecked. Our Government will certainly not tolerate this.
At the moment the ratio of pharmacists to patients in the Northern Province is 1:16 446. It is clear that a situation of this nature is unacceptable and needs to be addressed with the utmost urgency. This amendment, minor as it might seem on paper, gives effect to section 27(1) of our Constitution, which relates to the right of access to health care services for all, and this is one of the most basic rights enshrined in our Bill of Rights.
The process of consultation included all the major stakeholders in all nine provinces and tertiary institutions responsible for training pharmacists. I want to believe that the department will continue engaging them on especially some of the concerns raised by the students themselves. These concerns, I must say, are documented with us and with the department, and they are mainly logistical. The department has given us, as a committee, the assurance that it will come back to us during the course of the year to report on progress in relation to the preparations in all the provinces and the progress made in addressing some of these concerns. We as permanent delegates from our respective provinces also have a responsibility to ensure that we are on course with infrastructural and other preparations for the intake of 2001.
Before I conclude, I would like to extend the call of our President to all of us to accelerate the process of transformation inspired by the new patriotism brought about by this very young democracy of ours. The adoption of this Bill is one of the steps in this direction. I would like to read the report of the committee for adoption by the House:
The Select Committee on Social Services, having considered the subject of the Pharmacy Amendment Bill [B 51-99] … referred to it and classified by the JTM as a section 76 Bill, reports the Bill without amendment.
[Applause.]
Dr P J C NEL: Madam Chair, unfortunately I was not informed that my name would appear on the speakers’ list, so I withdraw.
The CHAIRPERSON OF THE NCOP: Order! I would like to express some surprise at that. I think the Chief Whip and the Whip from your province, or the party Whip, or some such individual, owes us an explanation as to what ensued.
Ms S N NTLABATI: Madam Chairperson, today we are 21 years and some months older since the last time the big conference in Alma-Ata was held where we said ``total health by the year 2000’’. Central to everything which was expected there was that from that time, ie 1978, to today, at least some of the things which could be affordable, such as accessibility of health service to everybody, should have been achieved. It is unfortunate that in our country, in fact, most of Africa, we still have very far to go, and we owe our people an explanation.
Central to the struggle of the ANC was the question of equity. It is because of that that we say that we could not have done any better than see this Bill drafted in order to achieve equity through accessibility of health services to the people. I think I also have to confirm that the transformation agenda is still on track. Very soon, ie once we implement this Bill, our people will enjoy a season of delight. Slowly, they will be coming out of misery.
We inherited a system which lacked access to health care. It is on that note that we say we shall be addressing, by this Bill, the inequalities in terms of access. We shall be ensuring adequate, reliable and safe drug supplies and improving the rendering of pharmaceutical services.
Central also to this Bill is the question of the human resource component which is so crucial to the health system. At this point we are talking about the pharmacists. We needed this Bill nearly 20 or 21 years ago but, nevertheless, we are going to catch up. Transformation comes with new concepts and new terminology, hence we have to bring in the concept of community service, which is, in actual fact, not new. Countries such as Holland and Cuba may have used other terms such as vocational, but this is nothing new.
This Bill aims to plead with our young men and women, not only those who are in the pharmacy classes and not only those who study medicine, but even others who are not affected by the Bill, just to volunteer for community service when they have completed their studies. It is a service to one’s country. They must not wait for the law to force them, they must please act like patriots.
To be specific, in my province, as has been said, we have 450 pharmacists. Indeed, we would be guilty of an offence if the WHO were to check up on us very closely. It has been said that only 15% of the pharmacists that we train render services in hospital pharmacies. It costs between R50 000 and R60 000 to produce one pharmacist, so what is so terrible about providing a service, for one year only, to the people who are the taxpayers? We are also pleading with the people who, through lack of understanding, want to discourage the idea of community service when we are asking for it. I am pleading with them that they must first go and look around the provinces and see what is actually happening.
In closing, I will say, the time has come that what I have, if it is affordable, others must also have. I challenge the young men and women who are in the pharmacy classes, as they write down which places they want to work in, to choose the rural areas. [Time expired.] [Applause.]
Ms E C GOUWS: Madam chairperson, hon Minister, the DP has always supported the principle of community service, and we say so again today in this House. However, we do not believe that it should apply only to one category of professionals such as those involved in health care, but that it should apply across the entire spectrum of professionals.
Gemeenskapsdiens vir ons en ons land met sy agtergeblewe gemeenskappe en groot plattelandse gebiede en swak infrastruktuur is ‘n noodsaaklikheid. Ek herhaal egter dat ons glo dit moet op ‘n vrywillige basis geskied. Beter gestel, die betrokke individu moet ten minste geken word in die uiteindelike besluit van waar, hoe en saam met wie hy of sy in die toekoms gaan werk.
Ons moet daarteen waak om te voorskriftelik op te tree, want dan neem ons die vreugde in sy werk van die jong gekwalifiseerde weg. Die DP hou nie van die idee dat die staat besluit oor hoe en waar en met watter hulpmiddels die jongmense ‘n diens moet lewer nie.
Laat ons dit maar vir mekaar sê: die goeie en suksesvolle werker is dié wie se werkomstandighede gunstig is. Met ander woorde, ‘n gelukkige werker is ‘n goeie werker.
As ons goeie vrugte van gemeenskapdiens wil pluk, moet ons sorg dat die mense se omstandighede goed is, en dat hulle gelukkig is. Dan en dan alleen sal hierdie diens suksesvol en ‘n bate vir die gemeenskap wees. (Translation of Afrikaans paragraphs follows.)
[Community service is a necessity for us and our country, with its disadvantaged communities and large rural areas, as well as its poor infrastructure. However, I repeat that we believe it should occur on a voluntary basis. Stated in a better way, the relevant individual should at least be consulted with regard to the eventual decision as to where, how and with whom he or she will be working in the future.
We must guard against being too prescriptive, because then we deprive the young qualified person of the joys of his work. The DP does not like the idea of the State deciding how and where and with what resources the young people should deliver a service.
Let us be honest with one another: the good and successful employee is the one who has a favourable working situation. In other words, a happy worker is a good worker.
If we want to reap the fruits of community service, we must see to it that the people have favourable circumstances, and that they are happy. Then, and only then, will this service be successful and serve as an asset to the community.]
We have had community service in place for newly qualified doctors for a year now. We have received multiple complaints of unhappiness and misery from young doctors, not because they are against the idea of community service, but because of the chaotic administrative and organisational systems, especially in certain provinces and areas. Are we positive that everything is in place and that the same administrative bungling will not be repeated as in the case of the young medical doctors?
We must do everything in our power to ensure that we have happy workers. We have seen and heard of the problems of people who are relocated to other working areas where they are not happy. We have seen the results of unhappy working conditions - I am now thinking of teachers and police officers. Doctors doing community service are on the same track. Must we add yet another unhappy young person to this list? This, we have found out to our regret, simply does not work.
We are experiencing a brain drain, not because the young people do not feel for their country, but because of bad administration, little money and lack of consultation. These things have a demoralising effect on the young graduates looking forward to applying their knowledge in practice.
Is daar werklik oorleg gepleeg met die aptekerswesestudente? Hulle beweer ja, daar is, maar heeltemal ontoereikend. Die meerderheid studente is nié teen gemeenskapsdiens nie. Ons het die syfers. Hulle is nié dislojale burgers nie, maar hulle het hulle bedenkings of hierdie diens reeds teen die begin van 2001 effektief in plek geplaas sal kan word. Daar is nog baie beplanning en evaluering wat gedoen moet word. Wat vir die staat en die Minister moontlik onbenullige tegniese punte is, is vir hierdie jongmense van die uiterste belang. (Translation of Afrikaans paragraph follows.)
[Was there really any consultation with the pharmacy students? They allege yes, there was some consultation, but it was completely insufficient. The majority of students are not opposed to community service. We do have the statistics. They are not disloyal citizens, but they have their reservations about whether this service will be effectively in place by the beginning of 2001. There is still a great deal of planning and evaluation that has to be done. What are possibly unimportant technical points to the state and the Minister are of the utmost importance to these young people.]
These minor technicalities, such as how allocation will be done, where students will be sent, whether there will be adequate supervision for these young trained, but inexperienced, pharmacists and what the conditions of service will be, are the things that are of concern to the DP. As a party, therefore, we cannot support this Bill.
Mrs J N VILAKAZI: Chairperson, hon Minister of Health Dr M E Tshabalala- Msimang and hon members, the enactment of this Pharmacy Amendment Bill is definitely highly applauded by my province, KwaZulu-Natal, including me as a person.
Taking this direction, which would see to it that quality care is given to all in this new millennium is indeed a milestone which can never be disputed. The pressure of work that has been experienced by health workers in the clinical sector during the previous decades will be gradually alleviated. The health care givers, especially in the nursing profession, despite their heavy workload within the parameters of their profession, have acted to fill the gaps, dispensing medicine in the absence of pharmacists. This usually happens in the underserved areas of society - I am talking about rural areas and other low socioeconomic areas. I have worked in the nursing profession for a long time and I am familiar with quite a number of the problems that emanate from and exist because of the shortage of pharmacists in health care services. With the community service for pharmacists introduced by this Bill, the students will acquire experience that will make them fully fledged pharmacists when they complete their training.
They will have a better understanding of the community they serve. The health services will always be assured of the availability of this category of people, as is the case with nurses and medical students. In promoting quality care for patients by working in collaboration with other health disciplines, pharmaceutical care will not exist in isolation from other health care givers. It belongs to the multidisciplinary team.
Pharmacists are responsible directly to the patients for the cost, quality and results of pharmaceutical care, like other health care givers. They are problem solvers who must be capable of adapting to changes in health care.
On behalf of my province KwaZulu-Natal and on behalf of my party, the IFP, we support this Bill as it is on the Table. Lo Mthetho ophasiswayo namhlanje siwushayela ihlombe thina esikwaziyo ukuhlupheka. Kubuhlungu kabi ukuvuka ekuseni uhambe uye esibhedlela noma emtholampilo ufike uhlangane nokuthi ozokhipha imithi akekho noma mhlawumbe kukhona oyedwa kanti abantu bona baningi kakhulu. Ngakho-ke, kuze kushaye isikhathi sokushayisa abantu bengayitholile imithi. Lokhu kuvamise ezindaweni zasemakhaya. Angizukusho mina ukuthi yizindawo zasemaphandleni njengoba besho abanye abangalwazi ulimi lwesiZulu. Amaphandle yilapho kuhlala khona izilwane, hhayi abantu. Abantu bahlala ezindaweni ezisemakhaya.
Abahlengikazi esikhathini esiningi basebenza kanzima benza umsebenzi wabezemithi, (ama-pharmacists). Siyazi sonke ukuthi umhlengikazi ungumgogodla wezempilo. Udokotela uma engekho, ukhona umhlengikazi. Wenza umsebenzi kadokotela nowakhe kanye nowabanye uma bengekho ukuze ahlenge impilo yesiguli sakhe.
Uma-ke abafundi bakwezemithi bezophakwa nabo basebenze emphakathini ukuze baqeqesheke kahle bawazi, bawujwayele futhi bawuthande umphakathi, yisibusiso leso esivela ngaphezulu. Siyawuncoma kakhulu lo mthetho osezithebeni namhlanje othi abafundela ulwazi lwemithi mabayikhiphele iziguli njengokubona kukadokotela. Abahlengikazi bazokhululeka bakwazi ukubhekana nomsebenzi wabo ngqo, bayeke ukuba yizivimbo noma amaspigots, kuzo zonke izindawo.
Sibonile kwezinye izindawo abagulayo, ngenxa yokugcwala kwalapho kukhishwa khona imithi, bebuyela emakhaya imithi bengayiphethe kuthiwe abayilande ngakusasa ukugula kube kuthe bhe. Umuntu athole ukuthi umenzi wemithi oyedwa ukhiphela imithi inqwaba yeziguli. Uma engekho, kwenzeke lokhu esengikushilo. Angiyiphathi-ke eyasezibhedlela zasemakhaya, izinkinga ziningi kakhulu khona.
Siyethemba ukuthi lo mthetho phasiswayo uzoletha abezemithi abaningi kuzo zonke izindawo bakhiphe imithi emini nasebusuku njengoba kwenza abahlengikazi nodokotela. Muhle lo mthetho. Siwushayela ihlombe. Siyothokoza uma kulungiswa isimo kuhlangatshezwane nezidingo zalo msebenzi ukuze abafundayo bakunamele ukuphakwa kwabo emakhaya.
Egameni lesifundazwe sami saKwaZulu-Natali nasegameni leqembu Inkatha Freedom Party ngithi halala. Elethu. Siyawesekela lo mthetho. [Ihlombe.] (Translation of Zulu paragraphs follows.) [We, the people who have experienced hardships, applaud the Bill that is being passed. It is sad to wake up in the morning, especially when one is ill and has to go to hospital or the clinic, only to find that there is no one to give one medicine at the pharmacy. Or perhaps there is only one person to attend a huge number of people. People wait for medicines until it is time for the staff to knock off. I would not call the rural areas ``the countryside’’ as those who do not know the Zulu language have done. People stay in rural areas, not in the countryside.
Nurses work hard doing the work of pharmacists. We all know that nurses are a fountain of life. When a doctor is absent, a nurse does her own job and a doctor’s job. She also does her colleagues’ job to save people’s lives.
If medical students are deployed in communities as part of their training, to cause them to like working with people, that will be a blessing. We are happy with this Bill as it says the medical students should give medicines to people according to the doctor’s prescription. This will bring the nurses relief and enable them to focus on their job. They will not have to do everybody’s jobs.
We have seen other places where people were told to come the following day to collect medicine whilst they were in pain. This happened because there were a lot of people waiting for medicines, whereas the number of staff that served them was not enough. One found that one pharmacist had to attend to a lot of people. In cases where there were no pharmacists people had to come back the following day. The situation was worse in rural hospitals. We hope that this Bill will enable pharmacists to give medicine to people day and night. In fact, they will be working the same way as nurses and doctors.
This is a good Bill and we applaud it. We are happy if the situation is corrected and the demands of this job are met so that medical students will enjoy their deployment to rural areas.
In the name of my province, KwaZulu-Natal, and also in the name of my party, the IFP, I wish to say congratulations. The country is ours. We support this Bill. [Applause.]]
Mr K D S DURR: Madam Chairperson, I must say, isiZulu is a beautiful language, and I always enjoy hearing our colleagues speaking that beautiful language. The Pharmacy Amendment Bill makes it mandatory that a person registering for the first time as a pharmacist must do pharmaceutical community work for one year before they can practise as a qualified pharmacist. Christian democrats do not object to community service, and I believe the track record of Christians and the church, generally, in voluntary community service speaks volumes in South Africa and, of course, we support it.
What concerns us is that certain categories of health workers are being penalised and discriminated against because of their choice of career. It is not that we object to the principle of doing charitable work, but we are not even sure that the measure is not unconstitutional. If we read section 13 of the Constitution on forced labour and section 9 on equality, it seems we have here discrimination against a particular class of worker.
The ACDP understands the problem. We understand that there must be a solution to the problem and we understand the sentiments that underlie the Government wanting to solve the problem. However, we think the solution is to offer bursaries to people entering the particular categories of work required, in this case pharmacists. If we are short of pharmacists, then we must make bursaries available for students to study pharmacy for nothing, conditional upon them working for the state for a period of, say, three years after graduation. It is a principle and practice well established in South Africa and well established worldwide, and it works very well indeed.
The old saying applies here that if one wants more of something, one should subsidise it. If one wants less of something, one should tax it. By bringing this new kind of impost, it may well have the opposite effect to that intended. One will have fewer pharmacists, and not more. This is a fair, tried and successful approach, and it is a fair bargain. Tied or forced labour is not something South Africa would want to give birth to in our new democracy.
The amendment to the Pharmacy Act also gives the Minister unlimited power to decide where the service is to be performed and the conditions of employment. This too, is unacceptable as far as we are concerned. If the Minister was to tell my little girl, who has just qualified, that she must go to some remote, and perhaps what I would consider inhospitable, spot, I would not like that at all.
The ACDP is opposed to all forms of social engineering. We prefer to see the use of incentives - fair incentives - wherever possible, and maximum choice. We favour community service - it lies at the heart of what we believe - but we are against this amendment, which discriminates, manipulates and robs people of the exercise of their own discretion. We are against the measure, and we have made it known within our provincial delegation.
Mr J HORNE: Chairperson, hon Minister, members of the Council, I would briefly like to take this opportunity, on behalf of my province, the Northern Cape, to support the Bill under discussion.
The Northern Cape’s portfolio committee on health has taken a proactive stance with regard to the issue of community service for pharmacists. Consultations with relevant role-players and the department have indicated that community service should be a priority in the Northern Cape in view of the fact that adequate pharmaceutical services are currently lacking owing to a shortage of operative pharmaceutical personnel.
The Northern Cape has only 1,1% of the total registered pharmacists in South Africa, the majority of whom are employed in the private sector. Of the 108 registered pharmacists in the province, only 16 are currently working in the public sector. These 16 pharmacists provide services to the majority of the population in the province as large parts of the province are rural, with no private pharmacists.
The staffing levels of pharmaceutical services do not conform to the World Health Organisation’s norms or standards. Currently, there is only one pharmacist per 7 777 persons in the Northern Cape.
The relevant stakeholders were informed of the application process, the allocation criteria and the control systems which will be in place. As regards the application process, the national Department of Health and pharmaceutical services in the province will work jointly. However, it will be the responsibility of the province to set up the conditions of employment.
The allocation will be done on the basis of service needs. If there are any bursary holders, they will be allocated to the province from which they receive their bursaries. Allocations to the different districts will be done from a central point in the province.
The control will be under the jurisdiction of pharmaceutical services in the province, which will provide quarterly reports to the national Department of Health on progress regarding community service.
The statutory council called the SA Pharmacy Council will register pharmacists upon successful completion of community service. Personnel will provide support to community service pharmacists from the pharmaceutical service component of the Department of Health and problem-resolution committees will be set up in the province.
The Bill follows the same route as in the case of medical practitioners, which has proved to be a success and therefore needs the support of us all. It has ensured that effective medical and health services become a reality.
In all nine provinces, there are shortages of pharmacists. Although the legislation requires one-year community service, it will enable the pharmacists to gain valuable practical experience which will be to their benefit when they open their own pharmacies or are employed in the pharmaceutical business world.
The Bill will not only reduce the acute shortage of pharmacists, but will also bring about a much improved general health service to the communities. Therefore the Northern Cape province supports it. It is preferable to start the service in January 2001, once the Act and regulations are promulgated. [Applause.]
Mr J O TLHAGALE: Chairperson, hon Minister and members thank you for this opportunity to participate in this debate. However, my greatest thanks are directed to the Almighty God for His abundant blessings over all of us in the new millennium.
According to available statistics, there were, in the North West province in 1999, 433 pharmacists in state employment to a population of approximately 3,8 million. This means one pharmacist was dispensing medicine and drugs to approximately 8 000 patients. This situation applies, in varying degrees, to all other provinces in our country.
According to the World Health Organisation, the average for industrialised countries is 1:2 300. When one compares this ratio with our situation, one realises that we are confronted by a huge problem that calls for our immediate attention. The amendment before this House seeks to address this acute shortage of pharmacists working for the state. The insertion of section 14(a) in Act 53 of 1974, makes provision for the performance of community service of one year by pharmacists who are registering for the first time.
Most of our people in this country use state health facilities, and therefore we need to influence the distribution of pharmaceutical services adequately in each province. The distribution of pharmaceutical services throughout the provinces would not happen on its own, and therefore there is merit in having this kind of legislation. With the introduction of community service for the medical practitioners in 1998, this shortage is being gradually reduced. Similarly, the proposed amendment to the Pharmacy Act of 1974 would be to the national good.
On behalf of the North West province and the UCDP, we support the Bill as it is. [Applause.]
Dr A E VAN ZYL (Western Cape): Chairperson, hon Minister, hon members and colleagues, the Standing Committee on Health and Welfare of the Western Cape is made up of members of the different political parties; three New NP members, three ANC and one DP.
On 5 November last year, the committee members listened to the concerns raised by the pharmacy students, the director of the University of the Western Cape pharmacy school, and representatives from the Pharmaceutical Society of SA relating to the proposed amendment. The students agreed to community service, and agreed that it was beneficial to the country. They agreed to do community service. They only asked to be considered, as the Bill affected them, their lives, their futures and their families.
Last week at a meeting Dr Zokufa, spokesperson for the department and Minister, emphasised that the intention was to make community service so attractive that pharmacists would want to remain in government service even after their year of service. The student pharmacists, on the other hand, asked that commencement of community service start in the year 2002 and not in 2001. This would allow students who qualified in 1999 a little more time to repay their student loans and organise their future lives. Why can this be not granted? Why are we so pressed to pass laws without consideration for the people it will affect?
A survey showed that second-year students had no problems with doing community service compared with those in the final year. This is because the second-year students will be able to prepare for community service better. The survey also showed that 66% of the second year students said that they would still have done pharmacy had they known about community service beforehand.
In the Western Cape many pharmacists are women. A large percentage of these women are from the Muslim community. Is sending them into rural areas, where their working conditions are not secure, how the Minister intends encouraging our youth to become professionals in this discipline?
I am confused. As politicians we were elected by our South African public to represent them, to serve them, to look after them, to work on their behalf. Or am I mistaken? Is this amendment actually intended for foreigners: Cubans, Russians, Congolese, Zimbabweans or others? My place of work is in the provincial administrative building in Wale Street. For access to my office I must have an identity pass card, and visitors must leave their names and addresses at security checkpoints before they are allowed to visit anyone in the building. How fortunate we are! We are protected and can perform our jobs in safety. What a luxury we take for granted! What about our sons, daughters, nieces, nephews - our family and friends, for whom this Bill is intended?
Why do we show so little respect, recognition, understanding and confidence for our people, our South Africans who have gone through difficult times, who are now plagued by other, more desperate worries like violence, rape, murder, accidents and HIV/Aids? Why do we not make laws that reflect their input? Why do our laws not demonstrate upliftment in the form of recognition? Why do our laws have to be in the form of punishment? For that matter, why do our standing committees invite our public to give their input if their input is ignored?
Concerning the Pharmacy Amendment Bill, we were also told last week that regulations are being drafted, and are intended to cover all these concerns. However, do we not perhaps forget that legislation should be correct in all its aspects, especially legally? Why not correct the Bill in the first place?
Finally, registration as a professional is mostly of importance in the country where that person will be practising. Registration as a pharmacist in South Africa is not a prerequisite to work in the United States or anywhere else in the world. The pharmacist will have to register in England if he or she wants to work there. That, I hope, clarifies the fear that allowing pharmacists to register … [Time expired.]
Mr M I MAKOELA: Madam Chairperson, when the subject of community service for doctors was first discussed there was a great deal of opposition, like that we are hearing now, some of it extremely harsh and very irrational. For example, some newspapers reported at that time that the proposed Bill was an outrageous transgression of the civil rights of trainee doctors, as we are hearing now from the ACDP, and that it was contrary to natural justice. That is still being said by the ACDP today.
There were also the prophets of doom who, as we have heard from the DP, the ACDP and the Western Cape, predicted there would be a mass exodus of young doctors to other countries in an attempt to avoid community service. They are still continuing today.
Nevertheless, none of the bad publicity received deterred us from bringing doctors closer to the people. We knew we needed to ensure equal access to resources. Our people were suffering and we are in government to help alleviate that suffering. Unfortunately, unlike the ACDP and the DP, we do not represent rich people. We represent the poor of the country, and we make no apology for that.
We are not going to pretend that the process of allocating doctors was without logistical problems. There were a good few examples of those, but what has heartened this Government is the overwhelmingly positive response at grass-roots level from public hospitals, clinics and patients who received the services of these young doctors.
The department shared with our committee some of the comments received from those doctors providing services to the community. Many of them saw the process as a unique learning experience, unlike what was reflected in the comments of the previous speakers.
Today we are going further by asking our young pharmacists to contribute to nation-building by assisting the Department of Health and the community at large with their valuable service for one year. We, as Government, are asking a little extra. We ask young people to serve their country, thereby making some personal sacrifices and giving up some modern conveniences, but we need to ask them for this sacrifice, nonetheless. If it was not absolutely necessary, we would not be asking.
If I may just for the moment share with hon members the situation in my province with regard to pharmacists, then hon members here and members of the public will begin to appreciate the backlog of inequities which the Ministry, this committee and the Department of Health are trying to alleviate with this legislation. In my province, the Northern Province, there is one pharmacist for every 16 446 people. Some people from my province do not even know what a pharmacist is.
What we see this Bill doing is ensuring that of the pharmacy students in their fourth year right now, at least a few will come to the Northern Province. We want to assure them of the most hospitable, peaceful and unforgettable experience. In return, these young people will be performing a priceless task for my constituency and for others like mine.
Furthermore, we would like to see the unequal interprovincial distribution of health care personnel, especially pharmacists, rectified. The more rural provinces such as the Northern Province will continue to carry the burden of insufficient resources if we do not develop a strategic plan to rectify the situation.
The Minister has assured us in her health sector strategic framework for 1999-2004 that one important priority of the department and her Ministry is to ensure equity and the distribution of and access to health resources. We hope that statistics such as those in the survey done by the SA Institute of Race Relations with regard to medical personnel registered with the Interim National Medical and Dental Council of SA, the Interim Nursing Council and the Interim Pharmacy Council of SA between 1990 and 1996, will become a thing of the past very quickly. In this survey it was found that in 1996 there were 4 235 dentists, 28 381 doctors and 9 752 pharmacists for the whole of South Africa. Pharmacists formed only 4% of registered health workers.
Our Constitution guarantees everyone the right of access to health care services, but if we do not have the resources, we cannot provide access. Pharmacists are an extremely valuable resource. We need to pool all our resources and distribute them evenly throughout the country, and therefore our province supports this Bill. [Applause.]
Mr P G QOKWENI: Madam Chair, hon Minister and members of the NCOP, our Constitution provides for the right of access by everyone to health care services, and requires the state to take reasonable legislative and other measures within its available resources to achieve the progressive realisation of that right. The amendment this House is debating this afternoon, that of providing for the performance of community service by persons registering for the first time as pharmacists, is intended to address this vision.
The province of the Eastern Cape is composed largely of rural land and rural communities with a myriad of disadvantages. Many of its people have never seen a pharmacist, let alone a pharmacist at work. Those that we produce are continually lost to the bright lights and glamour of Cape Town, Durban and Gauteng. This Bill will at least add to the trickle of 826 pharmacists that we currently have and facilitate an increase through the community pharmaceutical service recruits.
When the initiative to amend the existing Act through this Bill was considered, the concern centred mainly around how best to engage the pharmacy students in a consultative process and not whether or not there was a need for community service. This need was self-evident. The student pharmacists would leave their homes and families and render services in remote rural areas. One would love to confirm that they were clear about the expectations.
We are now satisfied that the process of consultation has provided the department, and will do so continually, with the opportunity of addressing the concerns raised by the SA Pharmaceutical Students Federation with regard to where and how they would do this service, what support and protection they would receive from the department and in fact that they would not be seen as cheap labour.
We can ensure that the pharmacists are brought to those areas of the province where they are needed most and that the best possible measures are taken to give them comparable security. Our province cannot wait for the implementation of this Bill. We want to assure the hon the Minister that we will take care of the students deployed to our province, because we understand the value of better access to health services. So the Eastern Cape is in full support of the Bill. [Applause.]
The MINISTER OF HEALTH: Chairperson, hon members, special delegates and colleagues, let me thank everyone very much for a very sensitive and lively debate and for the majority of colleagues who have come out in support of the Bill, except, of course, those who debated out of tune, particularly the DP, the New NP and the ACDP. I think by now, at the end of this debate, we all know who their constituency is. We all know the character and the composition of their constituencies.
Those of us who have had a chance to visit the clinics and health centres in our constituencies, especially in the remote rural areas, will concede that, indeed, the availability of drugs even in those areas has improved. This is also confirmed by our own surveys that indicate that more than 80% of essential drugs in our clinics and health centres, including the health institutions, are available.
The problem that gets highlighted each time we visit these clinics is the difficulty in the availability of drugs for chronic diseases. The reason is the shortage and absence of pharmacists who must dispense these drugs. This in turn undermines even the provisions of our patients’ rights charter. I think members will agree with me that this arrangement and the adoption of this Bill will go a long way towards ensuring the availability, at all levels and at all times, of a reliable and constant flow of drugs and also for the management and treatment of chronic illnesses, particularly of the elderly.
The chairperson of the committee spoke about the shortage of medical staff in the rural areas. Yes, that is true, but let me assure the member that just this week we had a meeting with all the co-ordinators of the programme of doctors who have come to South Africa on the government-to-government agreement which seeks to make doctors available in the rural areas. I think we need to thank Cuba and other European countries that have made these doctors available in the rural areas. I think the next thing that we must do is to ensure that other categories of health workers are also available and present in the rural areas in particular.
Let me assure members that the department and the Ministry will do its best during the course of this year, and not in the year 2002 or the year leading to 2002, but this year, to prepare for those students to do community service. Of course, we shall be building on our experiences.
The last speaker referred to Alma-Ata. I think by now everybody agrees that the Alma-Ata Declaration is very ambitious indeed. But it did assist us to focus on the delivery of health care, particularly for the disadvantaged communities and also to ensure equity in health care delivery. I think we have done that as a country and, again, we are building on our experience. Certainly, in our country, there are visible and tangible examples of the progress made in health care delivery. These are informed, in part, by the international instruments and also guided by the provisions of our own Constitution.
To Mrs Gouws I say, yes, indeed, we would have liked to see all new
students do community service, but I think she will agree with me that in
this country there are moves in other departments to follow the Department
of Health to ensure community service in the rural areas in particular. I
think she should say: Halala!'' [Well done!] to the Department of Health.
You have done very well, you have set the pace, we congratulate you,’’
because we have proved that it can be done. I am not prescriptive. We have
consulted the students. We have even had road shows in order to consult the
students. Her proposal is indeed a contradiction in terms. She talks about
the poor and then she says we should not redistribute the resources. I find
that absolutely ridiculous.
I would like to invite her to read an article in the Mail and Guardian of last week that was about community doctors in the rural areas, and then decide for herself whether or not these students are indeed gaining practical experience and whether they like it or not. The article is contrary to what she has just told this House.
I think it would also be very ridiculous for us to always rely on expatriates, to always rely on doctors who come to this country in terms of a government-to-government agreement when we have people who complete their studies in this country and can indeed be of service to our people. I think this has also been aptly articulated by Mr Horne. What is the DP doing about the brain drain? What would they call adequate consultation? I am glad, in any case, that she herself conceded that the students do agree that they were consulted. In any case, what would one expect from the DP? Would I expect them to support the Bill? No, I would never expect them to do so. After all, they do not know what the rural areas are like. They do not know the suffering that takes place in the rural areas. But, thanks to the composition of this House, I think the Bill is going to go through.
I appeal to Mrs Vilakazi to invite Mrs Gouws to go with her to the rural areas - perhaps then she would speak a different language - and see for herself what the suffering is like. It is not the picture that she paints in this House. Let me thank Mrs Vilakazi for offering her free information, education and a lecture. She is advised to join Mrs Vilakazi, in particular, in KwaZulu-Natal and the Eastern Cape and then she can see for herself. Maybe Mrs Gouws might win over a few members to the DP if she goes there.
I want to tell Mr Durr that we have to start somewhere because we want to build on our experiences. There are no categories of health workers that are going to be excluded. I can assure him that when I briefed our committee - and I thought he was there too - I did indicate that we are moving and then we will go to other categories of health workers so that they too can do community service.
I do not understand what is unconstitutional about the Bill, because it is beginning to redress the legacy of the past. I do not agree with him.
This Bill is not about bursaries. It is about placement of pharmacists for community service, not about bursaries. If he he wants a Bill on bursaries, he must please propose it. [Laughter.]
He certainly also has not understood that taxpayers in this country contribute largely to the education and training of all students, including medical students, and he does not even know that the Department of Health is in constant dialogue with other stakeholders around the placement of students for community service and on how we should improve the criteria for their placement. I invite him to please join us at next month’s meeting so that he can learn for himself.
Let me also thank all those who do assist us as we try to improve this initiative by improving the criteria in order to make sure that the students who do community service indeed do it in an environment that is conducive for them to begin to assist us in redressing the legacy of the past.
I really was very disappointed at Dr Van Zyl’s input. I thought she was a doctor and that she would indeed subscribe to the need for equity in health care delivery in this country, but she spoke differently. I really am very disappointed. May I invite her to come to my office so that we can discuss this matter in depth. I sincerely mean that, so she must please come. In any case, I thought there were also Muslims in the rural areas. So what is her problem? [Interjections.] If there are none, maybe these students will help to convert people to the Muslim faith. She should be happy. [Laughter.] [Interjections.]
The CHAIRPERSON OF THE NCOP: Order!
The MINISTER: Indeed, I sat here and I could not believe what she was saying. In my own view, she really is not concerned about the plight of the poor. She really is not. [Interjections.]
The DP and the New NP would be the first parties to cry foul if we were to go out and recruit foreign pharmacists. They would, wouldn’t they?
Thank you very much to Mr Qokweni. His contribution does indeed indicate that the need for community service by pharmacists is absolutely self- evident. As I have said, we do consult and will continue to do so, because one can only improve by consultation and building on one’s experiences.
Once again, thank you very much to those who have supported the Bill, and I hope that those who did not support it can go and sign up in support thereof after this debate. [Applause.]
Debate concluded.
Bill agreed to in accordance with section 65 of the Constitution (Western Cape dissenting).
The Council adjourned at 15:26. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
FRIDAY, 19 NOVEMBER 1999
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Joint Tagging Mechanism (JTM), in terms of Joint Rule
160(3), classified the following Bill as a section 75 Bill:
(i) Financial Services Board Amendment Bill [B 62 - 99]
(National Assembly - sec 75) - (Portfolio Committee on Finance
- National Assembly).
(2) The Joint Tagging Mechanism (JTM), in terms of Joint Rule
160(4), classified the following Bill as a section 76 Bill:
(i) Fire Brigade Services Amendment Bill [B 63 - 99] (National
Assembly - sec 76(1)) - (Portfolio Committee on Provincial and
Local Government - National Assembly).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Education:
Report of the Council on Higher Education for 1998-99.
- The Minister of Defence: (1) Agreement between the Government of the Republic of South Africa and the Government of the Republic of France concerning Defence Co- operation, tabled in terms of section 231(3) of the Constitution, 1996.
(2) Agreement between the Department of Defence of the Republic of
South Africa and the Federal Ministry of Defence of the Federal
Republic of Germany on the Mutual Protection of Classified Defence
related information, tabled in terms of section 231(3) of the
Constitution, 1996.
(3) Agreement between the Government of the Republic of South Africa
and the Kingdom of Lesotho concerning the Status of Armed Forces
in the Kingdom of Lesotho providing military assistance, tabled in
terms of section 231(3) of the Constitution, 1996.
(4) Agreement between the Government of the Republic of South Africa
and the Government of the Republic of Singapore concerning the
Status of the Singapore Forces deployed in the Republic of South
Africa, tabled in terms of section 231(3) of the Constitution,
1996.
(5) Agreement between the Government of the Republic of South Africa
and the Government of the United Republic of Tanzania concerning
Defence Co-operation, tabled in terms of section 231(3) of the
Constitution, 1996.
(6) Memorandum of Agreement between the United Nations Office for
Project Services and the Republic of South Africa, tabled in terms
of section 231(3) of the Constitution, 1996.
(7) Agreement between the Government of the Republic of South Africa
and the Government of the United States of America concerning
Security Measures for the Protection of Classified Military
Information, tabled in terms of section 231(3) of the
Constitution, 1996.
(8) Agreement between the Government of the Republic of South Africa
and the Department of Defence of the United States of America
concerning Co-operation on Military Environmental Matters, tabled
in terms of section 231(3) of the Constitution, 1996.
(9) Administrative and Technical Status Diplomatic Note Exchange
between the Government of the Republic of South Africa and the
Government of the United States of America, tabled in terms of
section 231(3) of the Constitution, 1996.
(10) Agreement between the Government of the Republic of South Africa
and the Government of the Kingdom of Lesotho concerning the Status
of Armed Forces in the Republic of South Africa participating in
Exercise Blue Crane, tabled in terms of section 231(3) of the
Constitution, 1996.
- The Minister for Justice and Constitutional Development:
(1) Document, in terms of section 9(1) of the Promotion of National
Unity and Reconciliation Act, 1995, regarding the remuneration,
allowances and other employment benefits of the staff of the Truth
and Reconciliation Commission.
(2) List relating to Government Notice for 5 November 1999. 4. The Minister of Water Affairs and Forestry:
Report of the Department of Water Affairs and Forestry for 1998-99.
THURSDAY, 25 NOVEMBER 1999
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) Assent by the President of the Republic in respect of the
following Bills:
(a) Intelligence Services Control Amendment Bill [B 46B - 99]
- Act No 42 of 1999 (assented to and signed by President on
18 November 1999);
(b) Abolition of Certain Title Conditions Bill [B 40B - 99] -
Act No 43 of 1999 (assented to and signed by President on 18
November 1999);
(c) Education Laws Amendment Bill [B 44B - 99] - Act No 48 of
1999 (assented to and signed by President on 18 November
1999);
(d) Adjustments Appropriation Bill [B 55 - 99] - Act No 51 of
1999 (assented to and signed by President on 18 November
1999);
(e) Second Adjustments Appropriation Bill [B 58 - 99] - Act No
52 of 1999 (assented to and signed by President on 18
November 1999);
(f) Revenue Laws Amendment Bill [B 59 - 99] - Act No 53 of
1999 (assented to and signed by President on 18 November
1999);
(g) Higher Education Amendment Bill [B 45B - 99] - Act No 55
of 1999 (assented to and signed by President on 18 November
1999); and
(h) National Student Financial Aid Scheme Bill [B 48B - 99] -
Act No 56 of 1999 (assented to and signed by President on 18
November 1999).
(2) The following Bill was introduced in the National Assembly on 25
November 1999 and referred to the Joint Tagging Mechanism (JTM)
for classification in terms of Joint Rule 160:
(i) Limitation of Legal Proceedings against Government
Institutions Bill [B 65 - 99] (National Assembly - sec 75) -
(Portfolio Committee on Justice and Constitutional Development
- National Assembly) [Bill and prior notice of its
introduction published in Gazette No 20676 of 25 November
1999.]
(3) The Minister for Justice and Constitutional Development on 24
November 1999 submitted the draft Cross-Border Insolvency Bill,
1999, and the memorandum explaining the objects of the proposed
legislation to the Speaker and the Chairperson in terms of Joint
Rule 159. The draft has been referred to the Portfolio Committee
on Justice and Constitutional Development and the Select Committee
on Security and Constitutional Affairs by the Speaker and the
Chairperson, respectively, in accordance with Joint Rule 159(2). National Council of Provinces:
- The Chairperson:
(1) The President of the Republic submitted the following letter,
dated 18 November 1999, to the Chairperson of the National Council
of Provinces, informing Parliament, in terms of section 201(3) of
the Constitution, 1996, of the employment of the South African
National Defence Force in terms of section 201(2)(c) of the
Constitution, 1996.
REPORT IN TERMS OF SECTION 201(3) 0F THE CONSTITUTION OF THE
REPUBLIC OF SOUTH AFRICA, 1996 (ACT 108 OF 1996), ON THE
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE IN TERMS OF
SECTION 201(2)(c) OF THE CONSTITUTION, 1996, IN THE FULFILLMENT OF
AN INTERNATIONAL OBLIGATION IN THE REPUBLIC OF MOZAMBIQUE
1. This serves to inform the National Council of Provinces that on
12 November 1999, I authorised the employment of the South
African National Defence Force personnel and aircraft in the
Republic of Mozambique in fulfillment of an international
obligation. This employment was authorised in accordance with
the provisions of section 82(4)(b)(ii) of the Constitution of
the Republic of South Africa, 1996 (Act 108 of 1996), as well
as section 201(2)(c) of the said Constitution of 1996, as read
with section 227(1)(b) of the Constitution of 1993.
2. This employment is in compliance with the Republic of South
Africa's regional support to render logistical support to the
Mozambican Government during their elections.
3. The deployment will consist of 121 members rendering support in
terms of logistics, communications and medical. Seven Oryx
helicopters, of which one will be in reserve in case of
unserviceability, will be deployed. Other support aircraft
will be required for the pre-deployment reconnaissance,
deployment of equipment, placing of fuel, transport of
election officials and deployment and withdrawal of personnel.
These include Cessna 208, Casa 212, C-130, Boeing 707, Falcon
50 and PC-12.
4. The costs of the operation amount to:
a) Flying Hour Rates and Fuel R15 903 828-00
costs for Oryx, C-208, C-212,
C-130, B-707, PC-12, Falcon 50
b) Total Logistical Support R949 920-90
for a Temporary Air Base
c) Communications Support R34 999-98
d) Personnel Allowances R227 570-88
(121 personnel)
e) Medical Support R77 036-16
f) Total R21 193 350-00
5. I will also communicate this report to the National Assembly
and wish to request that you bring it to the notice of the
Members of the National Council of Provinces.
With kind regards
T M MBEKI
PRESIDENT
(2) The President of the Republic submitted the following letter,
dated 18 November 1999, to the Chairperson of the National Council
of Provinces, informing Parliament, in terms of section 201(3) of
the Constitution, 1996, of the employment of the South African
National Defence Force in terms of section 201(2)(c) of the
Constitution, 1996.
REPORT IN TERMS OF SECTION 201(3) 0F THE CONSTITUTION OF THE
REPUBLIC OF SOUTH AFRICA, 1996 (ACT 108 OF 1996), ON THE
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE IN TERMS OF
SECTION 201(2)(c) OF THE CONSTITUTION, 1996, IN THE FULFILLMENT OF
AN INTERNATIONAL OBLIGATION IN THE UNITED REPUBLIC OF TANZANIA
1. This serves to inform the National Council of Provinces that on
18 November 1999, I authorised the employment of the South
African National Defence Force personnel and aircraft in the
United Republic of Tanzania in fulfillment of an international
obligation. This employment was authorised in accordance with
the provisions of section 82(4)(b)(ii) of the Constitution of
the Republic of South Africa, 1993 (Act 200 of 1993), [which
continues to be in force in terms of Item 24(1) of Schedule 6
to the Constitution of the Republic of South Africa, 1996 (Act
No 108 of 1996)], as well as section 201(2)(c) of the said
Constitution of 1996, as read with section 227(1)(b) of the
Constitution of 1993.
2. This employment is in compliance with the Republic of South
Africa's regional obligation for support. The presentation of
this refresher diver training to members of the Tanzanian
Peoples Defence Force over the period 10 November 1999 to 1
December 1999 falls within the ambit of South Africa's
regional commitments.
3. The deployment will consist of the SANDF Diving Team, including
a Diving Instruction, Diving Supervisor, and five Dive
Technicians. One C-130B transport aircraft with eight
crewmembers will be required to transport the SANDF Diving
Team and equipment to and from Dar-Es-Salaam.
4. The costs for the operation amount to:
a. Fuel costs R130 670-00
b. Landing Fees and overflight R15 600-00
costs
c. Naval Group S&T R93 744-00
d. Total R240 014-00
5. I will also communicate this report to the National Assembly
and wish to request that you bring it to the notice of the
Members of the National Council of Provinces.
With kind regards
T M MBEKI
PRESIDENT
(3) The following members have been appointed to serve on the
Committees or Subcommittees mentioned below, viz:
Ad Hoc Committee on Oversight and Accountability
Province Member Party
Eastern Cape Suka, L ANC
Free State Setona, T S ANC
Nel, P J C (Alternate) New NP
Gauteng Jacobus, L ANC
KwaZulu-Natal Matthee, P A New NP
North West Lever, L G DP
Surty, M E (Alternate) ANC
Western Cape Pandor, G N M (Alternate) ANC
Subcommittee on Delegated Legislation
Province Member Party
Eastern Cape Suka, L ANC
Free State Setona, T S (Chairperson) ANC
Nel, P J C (Alternate) New
NP
Gauteng Jacobus, L ANC
KwaZulu-Natal Vilakazi, J N IFP
Mpumalanga Mahlangu, J L ANC
Northern Cape Kgware, D M ANC
Northern Province Makoela, M I ANC
North West Lever, L G (Alternate) DP
Surty, M E (Alternate) ANC
Maloyi, P D M ANC
Western Cape Pandor, G N M ANC
Ackermann, C New
NP
Joint Subcommittee on Delegated Legislation
Province Member Party
Eastern Cape Suka, L ANC
Free State Setona, T S (Co-chairperson) ANC
Nel, P J C New
NP
Gauteng Jacobus, L ANC
KwaZulu-Natal Matthee, P A New
NP
North West Lever, L G DP
Surty, M E (Alternate) ANC
Western Cape Pandor, G N M ANC
Joint Subcommittee on Funding of Represented Political Parties
Province Member Party
Gauteng Conroy, E A New
NP
KwaZulu-Natal Bhengu, M J (Alternate) IFP
Mpumalanga Mahlangu, J L ANC
Bhabha, M (Alternate) ANC
Northern Cape Lubidla, E N (Co-chairperson) ANC
Northern Province Makoela, M I ANC
North West Lever, L G DP
Tlhagale, J O (Alternate) UCDP
Joint Subcommittee on Internal Arrangements
Province Member Party
Eastern Cape Willem, B ANC
Free State Nel, P J C (Alternate) New
NP
Gauteng Ndzanga, R A ANC
KwaZulu-Natal Thomson, B ANC
Mpumalanga Mkhaliphi, B J (Alternate) ANC
Northern Cape Van Niekerk, A E New
NP
Northern Province Mushwana, M L (Co-chairperson) ANC
Western Cape Versfeld, A M DP
Ntwanambi, N D (Alternate) ANC
Subcommittee on Internal Arrangements
Province Member Party
Eastern Cape Willem, B ANC
Free State Nel, P J C (Alternate) New
NP
Gauteng Ndzanga, R A ANC
KwaZulu-Natal Thomson, B ANC
Mpumalanga Mkhaliphi, B J (Alternate) ANC
Northern Cape Van Niekerk, A E New
NP
Northern Province Mushwana, M L (Chairperson) ANC
Western Cape Versfeld, A M DP
Ntwanambi, N D (Alternate) ANC
Subcommittee on International Relations
Province Member Party
Eastern Cape Dlulane, B N ANC
Qokweni, P G UDM
Free State Ntlabati, S N ANC
KwaZulu-Natal Zulu, B Z ANC
Mpumalanga Themba, M P (Alternate) ANC
Northern Cape Lubidla, E N (Alternate) ANC
Northern Province Mushwana, M L (Deputy Chairperson) ANC
North West Moatshe, P (Alternate) ANC
Surty, M E (Alternate) ANC
Western Cape Pandor, G N M (Chairperson) ANC
Ackermann, C New
NP
Joint Subcommittee on International Relations
Province Member Party
Eastern Cape Qokweni, P G UDM
Free State Ntlabati, S N ANC
Gauteng Jacobus, L ANC
KwaZulu-Natal Zulu, B Z ANC
Mpumalanga Themba, M P (Alternate) ANC
Northern Cape Lubidla, E N (Alternate) ANC
North West Moatshe, P (Alternate) ANC
Surty, M E (Alternate) ANC
Western Cape Pandor, G N M (Co-chairperson) ANC
Ackermann, C New
NP
Joint Subcommittee on Review of Joint Rules
Province Member Party
Gauteng Moosa, M V (Co-chairperson) ANC
KwaZulu-Natal Raju, N M DP
Vilakazi, J N (Alternate) IFP
Northern Province Makoela, M I (Alternate) ANC
North West Maloyi, P N D ANC
Western Cape Ntwanambi, N D ANC
Ackermann, C ANC
Joint Subcommittee on Parliamentary Powers and Privileges
Province Member Party
Gauteng Moosa, M V (Co-chairperson) ANC
KwaZulu-Natal Raju, N M DP
Vilakazi, J N (Alternate) IFP
Northern Province Makoela, M I (Alternate) ANC
North West Maloyi, P N D ANC
Western Cape Ntwanambi, N D ANC
Ackermann, C New
NP
Subcommittee on Review of Council Rules and Powers and Privileges
Province Member Party
Gauteng Moosa, M V (Chairperson) ANC
KwaZulu-Natal Raju, M N DP
Vilakazi, J N (Alternate) IFP
Northern Province Makoela, M I (Alternate) ANC
North West Maloyi, P N D ANC
Western Cape Ntwanambi, N D ANC
Durr, K D S ACDP
Joint Subcommittee on Parliamentary Budget
Province Member Party
Eastern Cape Majodina, P C P ANC
Free State Marais, A (Chairperson) ANC
Gauteng Mahlangu, Q D ANC
Conroy, E A New
NP
Mpumalanga Taabe, T B (Alternate) ANC
Krumbock, G R DP
Northern Cape Kgware, D M (Alternate) ANC
Northern Province Mokoena, M L (Alternate) ANC
North West Kolweni, Z S (Alternate) ANC
Joint Subcommittee on Support for Members
Province Member Party
Eastern Cape Majodina, P C P ANC
Free State Marais, A (Co-chairperson) ANC
Gauteng Mahlangu, Q D ANC
Conroy, E A New
NP
Mpumalanga Taabe, T B (Alternate) ANC
Krumbock, G R DP
Northern Cape Kgware, D M (Alternate) ANC
Northern Province Mokoena, M L (Alternate) ANC
North West Kolweni, Z S (Alternate) ANC
Subcommittee on Council Budget and Support for Members
Province Member Party
Eastern Cape Majodina, P C P ANC
Free State Marais, A (Chairperson) ANC
Gauteng Mahlangu, Q D ANC
Conroy, E A New
NP
Mpumalanga Krumbock, G R DP
Taabe, T B (Alternate) ANC
Northern Cape Kgware, D M (Alternate) ANC
Northern Province Mokoena, M L (Alternate) ANC
North West Kolweni, Z S (Alternate) ANC,
FRIDAY, 17 DECEMBER 1999
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) Assent by the President of the Republic in respect of the
following Bills:
(a) Sentech Amendment Bill [B 52 - 99] - Act No 44 of 1999
(assented to and signed by President on 9 December 1999);
(b) National Water Amendment Bill [B 53B - 99] - Act No 45 of
1999 (assented to and signed by President on 2 December
1999);
(c) World Heritage Convention Bill [B 42D - 99] - Act No 49 of
1999 (assented to and signed by President on 3 December
1999);
(d) Rental Housing Bill [B 29D - 99] - Act No 50 of 1999
(assented to and signed by President on 9 December 1999);
(e) Mutual Banks Amendment Bill [B 47 - 99] - Act No 54 of
1999 (assented to and signed by President on 9 December
1999);
(f) South African Sports Commission Second Amendment Bill [B
61 - 99] - Act No 57 of 1999 (assented to and signed by
President on 2 December 1999);
(g) Disestablishment of the Local Government Affairs Council
Bill [B 54 - 99] - Act No 59 of 1999 (assented to and
signed by President on 2 December 1999); and
(h) Housing Second Amendment Bill [B 49 - 99] - Act No 60 of
1999 (assented to and signed by President on 9 December
1999).
(2) The following Bill was introduced in the National Assembly on 29
November 1999 and referred to the Joint Tagging Mechanism (JTM)
for classification in terms of Joint Rule 160:
(i) Preferential Procurement Policy Framework Bill [B 66 - 99]
(National Assembly - sec 76(1)) - (Joint Committee on
Preferential Procurement Policy Framework Bill) [Bill and
prior notice of its introduction published in Gazette No 20657
of 22 November 1999.]
(3) The Joint Tagging Mechanism (JTM), in terms of Joint Rule
160(3), classified the following Bill as a section 75 Bill:
(i) Land Affairs General Amendment Bill [B 64 - 99] (National
Assembly - sec 75) - (Portfolio Committee on Agriculture and
Land Affairs - National Assembly).
(4) The following papers have been tabled and are now referred to
the relevant portfolio committees as mentioned below:
(a) The following papers are referred to the Portfolio
Committee on Home Affairs and the Select Committee on Social
Services for consideration and report. The papers are also
referred to the Joint Monitoring Committee on Improvement of
Quality of Life and Status of Women:
(i) Convention on the Nationality of Married Women, tabled in
terms of section 231(2) of the Constitution, 1996.
(ii) Explanatory Memorandum to the Convention.
(b) The following papers are referred to the Portfolio
Committee on Labour and the Select Committee on Labour and
Public Enterprises:
(i) Report of the Compensation Fund for 1997-98.
(ii) Report of the Unemployment Insurance Fund for 1998.
(iii) Report of the National Training Board for 1998.
(c) The following paper is referred to the Portfolio Committee
on Justice and Constitutional Development and the Select
Committee on Security and Constitutional Affairs for
consideration and report:
(i) Document, in terms of section 9(1) of the Promotion of the
National Unity and Reconciliation Act, 1995, regarding
the remuneration, allowances and other employment
benefits of the staff of the Truth and Reconciliation
Commission.
MONDAY, 10 JANUARY 2000
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Joint Tagging Mechanism (JTM), in terms of Joint Rule
160(3), classified the following Bill as a section 75 Bill:
(i) Limitation of Legal Proceedings against Government
Institutions Bill [B 65 - 99] (National Assembly - sec 75) -
(Portfolio Committee on Justice and Constitutional Development
- National Assembly).
(2) The Joint Tagging Mechanism (JTM), in terms of Joint Rule
160(4), classified the following Bill as a section 76 Bill:
(i) Preferential Procurement Policy Framework Bill [B 66 - 99]
(National Assembly - sec 76(1)) - (Joint Committee on
Preferential Procurement Policy Framework Bill).
(3) The Minister of Finance on 21 December 1999 and 28 December
1999, respectively, submitted drafts of the Financial Institutions
(Investment of Funds) Bill, 2000, and the SAA Unallocatable Debt
Bill, 2000, as well as the memorandums explaining the objects of
the proposed legislation, to the Speaker and the Chairperson in
terms of Joint Rule 159. The drafts have been referred to the
Portfolio Committee on Finance and the Select Committee on Finance
by the Speaker and the Chairperson, respectively, in accordance
with Joint Rule 159(2).
National Council of Provinces:
- The Chairperson:
(1) The President of the Republic submitted the following letter,
dated 13 December 1999, to the Chairperson of the National Council
of Provinces, informing Parliament, in terms of section 201(3) of
the Constitution, 1996, of the employment of the South African
National Defence Force in terms of section 82(4)(b)(ii), read with
section 227(1)(d), of the Constitution of the Republic of South
Africa, 1993 (Act No. 200 of 1993).
REPORT IN TERMS OF SECTION 201(2) 0F THE CONSTITUTION OF THE
REPUBLIC OF SOUTH AFRICA, 1996 (ACT 108 OF 1996) ON THE EMPLOYMENT
OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE FOR SERVICE IN THE
PROVISION OR MAINTENANCE OF ESSENTIAL SERVICES RELATED TO THE Y2K
PHENOMENON
1. This serves to inform the National Council of Provinces that I
authorised the employment of the South African National
Defence Force (SANDF) personnel and equipment in the Republic
of South Africa for the provision and maintenance of essential
services in the event of unforeseeable breakdown related to
non-compliance with Y2K compatibility. This employment
commenced from 10 December 1999 to 16 January 2000. This
employment was authorised in accordance with the provisions of
section 82(4)(b)(ii), read with section 227(1)(d), of the
Constitution of the Republic of South Africa, 1993 (Act No.
200 of 1993), [which sections continue to be in force in terms
of item 24(1) of Schedule 6 to the Constitution of the
Republic of South Africa, 1996 (Act No. 108 of 1996)], read
further with section 3(2)(a)(v) of the Defence Act, 1957 (Act
No. 44 of 1957) for service in the provision or maintenance of
essential services.
2. The deployment consisted of 3 Battalions (1200 personnel) that
were placed on standby and were authorised to be deployed to
the extent necessary in the provision or maintenance of
essential services such as the water supply,
telecommunications, medical facilities and ensuring that
essential state infrastructure was provided for and
maintained. The operation was known as OPERATION CASTENET.
3. The SANDF funded the operation from within its current budget
allocation.
4. I will also communicate this report to the National Assembly
and wish to request that you bring it to the notice of the
Members of the National Council of Provinces.
Regards
T M MBEKI
PRESIDENT
Referred to the Joint Standing Committee on Defence.
THURSDAY, 20 JANUARY 2000
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) Assent by the President of the Republic in respect of the
following Bills:
(a) Nuclear Energy Bill [B 10B - 99] (National Assembly - sec
75) - Act No 46 of 1999 (assented to and signed by President
on 20 December 1999);
(b) National Nuclear Regulator Bill [B 11B - 99] (National
Assembly - sec 75) - Act No 47 of 1999 (assented to and signed
by President on 20 December 1999); and
(c) Local Government: Municipal Structures Amendment Bill [B
60B - 99] (National Assembly - sec 75) - Act No 58 of 1999
(assented to and signed by President on 12 January 2000).
Note: The President has now assented to and signed all the Acts
(60 in total) passed by Parliament in 1999.
(2) The following Bill was introduced in the National Assembly on 20
January 2000 and referred to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160:
(i) South African Airways Unallocatable Debt Bill [B 1 - 2000]
(National Assembly - sec 75) - (Portfolio Committee on Finance
- National Assembly) [Explanatory summary of Bill and prior
notice of its introduction published in Government Gazette No
20800 of 7 January 2000.]
COMMITTEE REPORTS:
National Assembly and National Council of Provinces:
-
Report of the Joint Committee on Preferential Procurement Policy Framework Bill on the Preferential Procurement Policy Framework Bill [B 66 - 99] (National Assembly - sec 76), dated 18 January 2000, as follows:
The Joint Committee on Preferential Procurement Policy Framework Bill, having considered the subject of the Preferential Procurement Policy Framework Bill [B 66 - 99] (National Assembly - sec 76), referred to it and classified by the JTM as a section 76 Bill, reports the Bill with amendments [B 66A - 99].
FRIDAY, 21 JANUARY 2000
ANNOUNCEMENTS:
National Council of Provinces:
- The Chairperson: Message from National Assembly to National Council of Provinces:
Bill passed by National Assembly on 21 January 2000 and transmitted for
concurrence:
(1) Preferential Procurement Policy Framework Bill [B 66B - 99]
(National Assembly - sec 76(1)).
TABLINGS:
National Assembly and National Council of Provinces:
Bills:
- The Minister for Justice and Constitutional Development:
(1) uMthethosivivinywa wokuQhubekisa ukuLingana nokuVimbela
uBandlululo Olungalungile [B 57 - 99].
The Promotion of Equality and Prevention of Unfair Discrimination
Bill [B 57 - 99] (National Assembly - sec 75) was introduced by
the Minister for Justice and Constitutional Development on 27
October 1999 and referred to the Ad Hoc Joint Committee on
Promotion of Equality and Prevention of Unfair Discrimination
Bill.
Papers:
- The Speaker and the Chairperson:
Reports of the Auditor-General on the -
(1) Financial Statements of the University of the North West for
1997 [RP 164-99;
(2) Foundation for Education, Science and Technology for 1997-98 [RP
168-99];
(3) Financial Statements of the Council for Mineral Technology for
1998-99 [RP 188-99;
(4) Financial Statement of Vote 16 - Health for 1998-99 [RP 140-99];
(5) Accounts of the Rustenburg-Marico Regional Services Council for
1993-94 [RP 145-95];
(6) Financial Statements of the President's Fund for 1997-98 [RP 165-
99];
(7) Group Financial Statements of Syncat (Pty) Ltd for 1997-98 [RP
184-99].
- The Minister of Foreign Affairs:
(1) Agreement between the Government of the Republic of South Africa
and the Government of the Federal Republic of Germany concerning
the project "Reorientation and Development of Agricultural
Advisory Services in the Northern Province", tabled in terms of
section 231(3) of the Constitution, 1996.
(2) Agreement between the Government of the Republic of South Africa
and the Government of the Federal Republic of Germany concerning
the project "Promotion of Participative Development Planning in
the Eastern Cape Province", tabled in terms of section 231(3) of
the Constitution, 1996.
(3) Agreement between the Government of the Republic of South Africa
and the Government of the Federal Republic of Germany concerning
the project "Provincial Administration Capacity Building Programme
Mpumalanga", tabled in terms of section 231(3) of the
Constitution, 1996.
(4) Agreement between the Government of the Republic of South Africa
and the Government of the Federal Republic of Germany concerning
the project "Small Business Promotion/Ntsika Enterprise Promotion
Agency (NEPA)", tabled in terms of section 231(3) of the
Constitution, 1996.
(5) Agreement between the Government of the Republic of South Africa
and the Government of the Federal Republic of Germany concerning
the project "Teacher Training (President's Education Initiative)",
tabled in terms of section 231(3) of the Constitution, 1996.
- The Minister of Finance:
(1) Annual Report and the Financial Statements of the Public
Investment Commissioners for 1998-99, including the Report of the
Auditor-General on the Financial Statements of the Public
Investment Commissioners for 1998-99 [RP 167-99].
(2) Fourteenth Report of the Public Investment Commissioners for
1997-98, including the Report of the Auditor-General on the
Financial Statements of the Public Investment Commissioners for
1997-98.
MONDAY, 24 JANUARY 2000
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Minister for Welfare and Population Development on 21
January 2000 submitted drafts of the Nonprofit Organisations
Amendment Bill, 2000, and the Developmental Welfare Governance
Bill, 2000, as well as the memorandums explaining the objects of
the proposed legislation, to the Speaker and the Chairperson in
terms of Joint Rule 159. The drafts have been referred by the
Speaker and the Chairperson to the Portfolio Committee on Welfare
and Population Development and the Select Committee on Social
Services, respectively, in accordance with Joint Rule 159(2).
COMMITTEE REPORTS:
National Assembly and National Council of Provinces:
- Report of the Ad Hoc Joint Committee on Open Democracy Bill on the Open Democracy Bill [B 67 - 98] (National Assembly - sec 75), dated 24 January 2000, as follows:
The Ad Hoc Joint Committee on Open Democracy Bill, having considered
the subject of the Open Democracy Bill [B 67 - 98] (National Assembly -
sec 75), referred to it and classified by the JTM as a section 75 Bill,
presents the Promotion of Access to Information Bill [B 67B - 98].
The Committee further wishes to report as follows:
1. This Bill, resulting from the constitutional obligation to enact
legislation giving effect to the right referred to in section 32
of the Constitution, amongst others, promotes transparency and
accountability of public bodies by providing the people of South
Africa with timely, accessible and accurate information.
The Committee is of the opinion that proper record-keeping by all
public bodies will contribute to the efficiency of public bodies
in relation to their obligations in terms of the Bill. The
National Archives of South Africa Act, 1996 (Act No. 43 of 1996),
as a standard-setting piece of legislation for the proper
management and care of records held by governmental bodies,
standardises and regulates the operations of public bodies with
regard to control over records. An efficient system of
identification, arrangement, storage and retrieval of records will
enhance the ability of public bodies to provide the public with
timely and accurate information.
Various submissions were received that public bodies were more
often than not in breach of the National Archives of South Africa
Act, 1996, not always acting in accordance with the provisions of
the Act. The Minister for Justice and Constitutional Development
is, therefore, requested to inform all public bodies of the
importance and necessity of proper record-keeping, to request them
to once again take note of the provisions of the National Archives
of South Africa Act, 1996, and to take the necessary steps to
ensure that its provisions are closely followed by all public
bodies to which the Act applies. Furthermore, the Minister is
requested to undertake an audit as to the feasibility and
desirability of existing legislation dealing with record-keeping,
and to suggest appropriate remedial action.
2. Clause 6 of the Bill provides that the Bill does not prevent the
giving of access to records of public or private bodies in terms
of any other legislation listed in the Schedule to the Bill.
Clause 86 of the Bill requires that the Schedule to the Bill
should be amended to include the provisions of legislation which
provides for or promotes access to records of public and private
bodies. A schedule of this nature will provide an individual who
wishes to request access to a record held by a public or private
body but is faced with a choice between utilising this Bill or
another piece of legislation, with an efficient form of reference
to enable him or her to make use of both options.
The Committee, therefore, draws the attention of the Minister for
Justice and Constitutional Development to the provisions of Clause
86, which require the relevant amending legislation to be
introduced in Parliament within 12 months after the commencement
of Clause 6, and requests the Minister to initiate an audit
amongst all public bodies as soon as possible in preparation of
the relevant amending legislation.
3. Clause 5 of the Bill provides that the Bill applies to the
exclusion of any other legislation that prohibits or restricts the
disclosure of a record of a public or private body which is
materially inconsistent with an object, or a provision, of the
Bill. No audit appears to have been done in order to establish how
this legislation will effect existing legislation, and vice versa.
In the interim, this Clause has been provided for to reflect the
intention of the legislature that this Bill applies to the
exclusion of any other legislation that prohibits or restricts the
disclosure of a record of a public or private body.
The Committee still finds it advisable to request the Minister for
Justice and Constitutional Development to do a comprehensive audit
and, if necessary, to propose appropriate remedial action. The
Committee requests the Minister to interact with all departments
whilst undertaking this audit.
4. This Bill, amongst others, deals with access to personal
information in the public and the private sector to the extent
that it includes provisions regarding the mandatory protection of
the privacy of third parties.
This Bill only deals with the aspect of access to private
information of an individual, be it access by that individual or
another person, and does not regulate other aspects of the right
to privacy, such as the correction of and control over personal
information and so forth. Foreign jurisdictions with freedom of
information regimes enacted separate legislation which, as an
important component of democracy legislation, regulates aspects,
inter alia, such as the correction of and control over personal
information. Privacy legislation generally provides for more
detailed mechanisms and provisions dealing with personal
information in the hands of another person by empowering that
individual to, amongst others, demand the correction of incorrect
information. The part in the Bill that dealt with these matters,
was removed, as the Committee felt that it would be dealing with
the right to privacy in section 14 of the Constitution in an ad
hoc and undesirable manner. Clause 88 of the Bill provides for an
interim measure regarding the correction of personal information,
and it is intended that South Africa, in following the
international trend, should enact separate privacy legislation.
The Committee, therefore, requests the Minister for Justice and
Constitutional Development to introduce Privacy and Data
Protection legislation, after thorough research of the matter, as
soon as reasonably possible. Furthermore, it may be noted that,
when the Privacy and Data Protection legislation is passed, this
Bill may have to be amended, if necessary, in accordance with that
legislation.
5. Clause 51 of the Bill provides that the heads of private bodies
must compile manuals within six months after the commencement of
that Clause.
The manual referred to in Clause 51 must contain information which
will facilitate a request for access to a record held by a private
body. Provision is further made for the Minister, on receipt of a
request or on the Minister's own accord, to exempt any private
body or category of private bodies from any provision of the
Clause for such period as the Minister thinks fit. The Committee
is aware of and sensitive towards the fact that Clause 51, read
with the definition of "private body" in Clause 1, might place an
undue burden on certain private bodies to meet the requirements of
Clause 51.
The Committee, therefore, requests the Minister for Justice and
Constitutional Development to consider exempting certain private
bodies in accordance with Clause 51(4) simultaneously with the
implementation of Clause 51.
6. The Committee has once again become acutely aware of the various
shortcomings of the Interpretation Act, 1957 (Act No. 33 of 1957),
during its deliberations on the Bill. This Act was drafted during
an era when we had a system of unfettered parliamentary
sovereignty and regulated matters of interpretation during the
height of the Apartheid era. This Act is highly anacronistic and
in no way is it in line with the principles of constitutional
democracy. The Committee therefore urges the Minister to consider
the amendment of the Interpretation Act, 1957, to bring it in line
with the principles and ethos of constitutionalism and the new
principles and practices of interpretation which Parliament and
the courts have used since 1994.
7. The enforcement mechanism provided for in terms of the Bill
includes internal appeals against the decisions of information
officers of certain public bodies, whereafter an individual may
remedy the matter in a court of law by lodging an application.
Application may, on the other hand, be lodged with a court by a
person who is aggrieved by the outcome of a request for access to
a public or private body where an internal appeal procedure is not
available to that person.
The Committee is aware that it is adding further matters to the
jurisdiction of Magistrate's Courts. Clause 79 of the Bill
provides that the Rules Board for Courts of Law must within 12
months after the commencement of that Clause make and implement
rules of procedure for a court in respect of applications in terms
of Clauses 78 and 80(3)(a) of the Bill. Clause 79 further provides
that applications should be lodged with the High Court or another
court of similar status before the implementation of the relevant
rules of procedure for Magistrate's Courts. Therefore, in the
first year after the commencement of this Bill, all applications
must be lodged in the High Courts, until the appropriate Rules
have been drafted and approved by Parliament.
The Committee has, however, noted that other jurisdictions created
an enforcement mechanism, namely an Information Commissioner,
which is characterised by an accessible and inexpensive form of
dispute resolution aimed at mediating disputes on an informal and
speedy basis between interested parties, with the ability to
adjudicate on disputes between parties. The Committee has noted
further that the system enjoys great success in those
jurisdictions in the sense that they have created an enforcement
mechanism which tends to be widely accepted by members of the
public and the relevant public authorities. However, the Committee
is aware of the lack of financial and other resources, and it is
not intended or advisable to allow for a proliferation of
commissions, despite the desirability of such alternative less
adverserial type of enforcement mechanisms in our nascent
democracy. The existing court structures with its formal
procedures will not be conducive to settling informal disputes of
this kind between parties in our society.
The Department of Justice and Constitutional Development is
requested to investigate the feasibility of establishing an
enforcement mechanism like the Information Commissioner and to
report back to the Committee within 12 months after the Bill has
been put into operation. The Committee is considering a proposal
in this regard at this moment and will forward it to the
Department in due course.
8. The Committee has spent much time in looking at the
implementation of the Bill in a phased manner. It is an attractive
and novel concept, but the phased implementation of the Bill is
problematic. On 4 February 2000, section 32(1)(a) and (b) of the
Constitution will come into operation in its unrestricted form,
until the Bill is put into operation. This could last for a few
months whilst the regulations are being drafted. The courts will
have to enforce the right without any guidelines from the
legislature contained in this Act now being passed. Against this
background, the Committee suggests that the Bill should be
implemented in all haste. Clause 87 of the Bill is flexible and
will have to be used against the background that each public body
has to create an information regime afresh and, therefore,
provision is made that public bodies will be allowed to deal with
requests for access within a period of 90 days within the first 12
months after the commencement of the Bill, a period of 60 days
within the next 12 months, and a period of 30 days within the
third year.
9. The original Bill provided a chapter on the protection of
whistle blowers. All parties were unanimous in their views that
this legislation is vital for the fight against crime. The
Committee was of the view that it is not apposite to include a
chapter on whistle blower protection in legislation dealing with
the right of access to information. Parliament has embarked on a
process of redrafting the chapter into separate legislation. The
whistle blower legislation will be the next priority of the
Committee, and this task must be finalised by not later than the
end of February 2000.
10. Provision was made in Clause 8 of the original Bill for a duty
to disclose records of governmental bodies that reveal a serious
public safety or environmental risk. However, information regimes,
including our own, are request-based and, therefore, it was held
to be undesirable to retain this Clause in the Bill. It was
decided that it was best dealt with in those departments which
administer legislation dealing with environmental and public
safety issues. The Committee suggests that the various departments
should review the relevant existing legislation, and those
departments without such legislation should provide for a similar
mechanism in new legislation to provide for this very important
issue.
Report to be considered.
TUESDAY, 25 JANUARY 2000
ANNOUNCEMENTS:
National Council of Provinces:
- The Chairperson:
Message from National Assembly to National Council of Provinces:
Bills passed by National Assembly on 25 January 2000 and transmitted
for concurrence:
(a) Promotion of Access to Information Bill [B 67B - 98] (National
Assembly - sec 75)(introduced as Open Democracy Bill [B 67 - 98]
(National Assembly - sec 75)).
(b) Promotion of Administrative Justice Bill [B 56B - 99] (National
Assembly - sec 75)(introduced as Administrative Justice Bill [B 56
- 99] (National Assembly - sec 75)) - (Select Committee on
Security and Constitutional Affairs - National Council of
Provinces).
- The Chairperson:
(1) The following papers have been tabled and are now referred to
the relevant committees as mentioned below:
(i) The following papers are referred to the Select Committee
on Finance:
(a) Annual Report of the Public Investment Commissioners for
1998-99.
(b) Fourteenth Report of the Public Investment Commissioners
for 1997-98.
(ii) The following paper is referred to the Select Committee on
Land and Environmental Affairs.
(a) Agreement between the Government of the Republic of South
Africa and the Government of the Federal Republic of
Germany concerning the project "Reorientation and
Development of Agricultural Advisory Services in the
Northern Province", tabled in terms of section 231(3) of
the Constitution, 1996.
(iii)The following papers are referred to the Select Committee on
Local Government and Administration.
(a) Agreement between the Government of the Republic of South
Africa and the Government of the Federal Republic of
Germany concerning the project "Promotion of
Participative Development Planning in the Eastern Cape
Province", tabled in terms of section 231(3) of the
Constitution, 1996.
(b) Agreement between the Government of the Republic of South
Africa and the Government of the Federal Republic of
Germany concerning the project "Provincial Administration
Capacity Building Programme Mpumalanga", tabled in terms
of section 231(3) of the Constitution, 1996.
(iv) The following paper is referred to the Select Committee on
Economic Affairs.
(a) Agreement between the Government of the Republic of South
Africa and the Government of the Federal Republic of
Germany concerning the project "Small Business
Promotion/Ntsika Enterprise Promotion Agency (NEPA)",
tabled in terms of section 231(3) of the Constitution,
1996.
(v) The following paper is referred to the Select Committee on
Education and Recreation.
(a) Agreement between the Government of the Republic of South
Africa and the Government of the Federal Republic of
Germany concerning the project "Teacher Training
(President's Education Initiative)", tabled in terms of
section 231(3) of the Constitution, 1996.
COMMITTEE REPORTS:
National Assembly and National Council of Provinces:
- Report of the Ad Hoc Joint Committee on Promotion of Equality and Prevention of Unfair Discrimination Bill on the Promotion of Equality and Prevention of Unfair Discrimination Bill [B 57 - 99] (National Assembly - sec 75), dated 21 January 2000, as follows:
The Ad Hoc Joint Committee on Promotion of Equality and Prevention of
Unfair Discrimination Bill, having considered the subject of the
Promotion of Equality and Prevention of Unfair Discrimination Bill [B
57 - 99] (National Assembly - sec 75), referred to it and classified by
the JTM as a section 75 Bill, presents the Promotion of Equality and
Prevention of Unfair Discrimination Bill [B 57B - 99].
The Committee further reports as follows:
The Bill was tabled in Parliament in late October 1999. Parliament is
required to enact a law in terms of section 9(4) of the Constitution by
4 February 2000. Despite the limited time and the very difficult nature
of the issues canvassed by this Bill, we received more than 100 written
submissions. The Committee also held extensive and well publicised
public hearings, at which a wide range of views were tabled for
consideration by the Committee during its deliberations. The Committee
has managed to successfully complete the difficult task it was given in
respect of this important law.
There are, however, some outstanding issues that need to be taken
further, as detailed below:
1. Additional prohibiting grounds
Based on the extensive written and oral submissions received,
there is overwhelming evidence of the importance, impact on
society and link to systemic disadvantage of discrimination based
on the grounds of HIV/AIDS status, socio-economic status,
nationality, family status and family responsibility. The Minister
for Justice and Constitutional Development has been required to
give special consideration to the inclusion of these as additional
prohibited grounds. In this respect, the Bill requires the
Minister, immediately upon enactment, to establish an Equality
Review Committee which must, inter alia, make recommendations to
the Minister regarding the inclusion of these grounds as listed
prohibited grounds within one year.
2. Unfair discrimination against elderly persons
Based on submissions to the Committee by specialised lobby groups,
there is also evidence of a need to address specific forms of
unfair discrimination against elderly persons. The Committee
therefore requests the Minister for Welfare and Population
Development to investigate this area of unfair discrimination and,
where necessary, to adopt appropriate measures. A concerted and
pro-active effort also needs to be made to sensitise society about
this problem.
3. Hate speech
In addition to section 16 of the Constitution, this Bill
specifically prohibits and prevents hate speech from being
uttered, except in the form of artistic creativity, academic and
scientific inquiry and fair and accurate reporting in the public
interest. There is a view generally held that, in the light of
our apartheid, colonial and patriarchal past, the Minister for
Justice and Constitutional Development is requested to give
special consideration to the following:
(a) Tabling legislation in Parliament which deals with the
criminalisation of hate speech. Such measures must be
consistent with section 16 of the Constitution and the
Convention on the Prevention and Elimination of all forms of
Racial Discrimination. In addition, such legislation, needless
to say, will also be required to create offences relating to
hate speech.
(b) Taking any other measures that may be necessary to give
effect to the Convention on the Elimination of all forms of
Racial Discrimination and the Convention on the Elimination of
all forms of Discrimination against Women, to the extent that
these have not been dealt with in this or other relevant
legislation.
4. Establishment of Equality Review Committee
The Committee urges the Minister to establish the Equality Review
Committee contemplated in the Bill as speedily as possible, and to
resource that committee adequately so as to ensure that the useful
role it may play in deepening our understanding of equality
legislation and its impact on our society is reinforced.
5. Establishment of equality courts
The Committee further urges the Minister to initiate the
establishment of the equality courts as soon as possible. A long
delay in the training of presiding officers and clerks and the
establishment of these courts will seriously hamper the
achievement of the objects of the Bill. Furthermore, the areas of
our society that require the remedies afforded by the Bill are
primarily the rural areas and people who are disempowered. The
Minister has been given the power to make regulations to allow for
people other than attorneys and advocates to appear in court on
behalf of complainants, in order to represent them. It is vital
that these and other regulations in respect of access to justice
are promulgated urgently.
6. Ad Hoc Parliamentary Committee on Promotion of Equality
Parliament is requested to consider the establishment of an ad hoc
parliamentary committee to oversee the implementation of the Act.
The role of the committee should be to monitor the progress made
in implementing the Act and the regulations, and to assess the
general impact that its implementation has had in various sectors
of our society. The committee need not meet on an ongoing basis,
nor should it be a permanent committee of Parliament. It is
suggested that the committee should meet annually for a short
period of three to four weeks in order to do its work.
7. Audit of laws
The Cabinet is requested to direct a process of departmental
auditing of legislation so as to identify laws which may impact on
equality, in order to eliminate inconsistency, to introduce
measures which reinforce fairness and equality, and with a view to
giving effect to the strong pro-active measures to be taken by the
State and all persons to promote and achieve equality.
Report to be considered.
National Council of Provinces:
-
Report of the Select Committee on Social Services on the Pharmacy Amendment Bill [B 51 - 99] (National Assembly - sec 76), dated 25 January 2000, as follows:
The Select Committee on Social Services, having considered the subject of the Pharmacy Amendment Bill [B 51 - 99] (National Assembly - sec 76), referred to it and classified by the JTM as a section 76 Bill, reports the Bill without amendment.
WEDNESDAY, 26 JANUARY 2000
ANNOUNCEMENTS:
National Council of Provinces:
- The Chairperson:
Message from National Assembly to National Council of Provinces:
Bill passed by National Assembly on 26 January 2000 and transmitted for
concurrence:
(1) Promotion of Equality and Prevention of Unfair Discrimination
Bill [B 57B - 99] (National Assembly - sec 75).
TABLINGS: National Assembly and National Council of Provinces:
Papers:
- The Minister for Welfare and Population Development:
Report of the Department of Welfare for 1998-99 [RP 179-99].
COMMITTEE REPORTS:
National Council of Provinces:
- Report of the Select Committee on Security and Constitutional Affairs on the Promotion of Administrative Justice Bill [B 56B - 99] (National Assembly - sec 75), dated 26 January 2000, as follows:
The Select Committee on Security and Constitutional Affairs, having considered the subject of the Promotion of Administrative Justice Bill [B 56B - 99] (National Assembly - sec 75), referred to it, reports that it has agreed to the Bill.