FRIDAY, 16 NOVEMBER 2001 __

                PROCEEDINGS OF THE NATIONAL ASSEMBLY
                                ____

The House met at 09:03.

The Deputy Chairperson of Committees took the Chair and requested members to observe a moment of silence for prayers or meditation.

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.

ESTABLISHMENT OF WORKING GROUP TO CONSIDER IMPLEMENTATION OF CONSTITUTIVE ACT

                         (Draft Resolution)

The ACTING CHIEF WHIP OF THE MAJORITY PARTY: Mr Chairperson, I move the Draft Resolution printed in my name on the Order Paper, as follows:

That the House resolves that a working group be established to consider the implementation of the Constitutive Act of the African Union.

Agreed to.

                 INTERNATIONAL DISABILITY RIGHTS DAY

                         (Draft Resolution)

The ACTING CHIEF WHIP OF THE MAJORITY PARTY: Mr Chairperson, I move the Draft Resolution printed in my name on the Order Paper, as follows:

That the House -

(1) notes that -

   (a)  3 December is the International Disability Rights Day, being
       celebrated in South Africa under the theme "Disability
       Renaissance towards Social Development";


   (b)  for many years disability was treated merely as a health and
       welfare issue and not included in societies' human rights and
       development agendas;


   (c)  in this regard disabled people were treated as dependent objects
       of pity;


   (d)  the formation of the disability rights movement in South Africa
       began the process of change towards a positive approach to
       disability;


   (e)  since 1994 the new democratic government has through legislation
       and policies begun the process of creating a climate within
       which disability rights are respected and upheld; and


   (f)  on 1 January 1999 the African Decade for Disabled Persons was
       declared; and

(2) calls on -

   (a)  all South Africans to actively transform their attitude towards
       people with disabilities so that disabled people can take their
       rightful place in classrooms, in jobs and in society in general;


   (b)  all Government departments to continue the work of
       transformation to enable people with disabilities access to
       buildings, transport, justice, education, health and welfare;
       and


   (c)  the South African Government to support the implementation of
       the African Decade for Disabled Persons.

Agreed to.

                   LABOUR RELATIONS AMENDMENT BILL

            BASIC CONDITIONS OF EMPLOYMENT AMENDMENT BILL

                       (Second Reading debate)

The MINISTER OF SPORT AND RECREATION: Chairperson, I appear before this eminent House on behalf of my esteemed colleague, the hon Membathisi Mdladlana, the Minister of Labour, who unfortunately cannot be here today to table these Bills. Minister Mdladlana is away on official business concerning the International Labour Organisation.

Hon members would remember that in his address in June 1999, following the second democratic elections, President Thabo Mbeki quoted from an ILO report on a country study of South Africa regarding problems of negative perceptions about our labour market policies. The report said:

These perceptions, while they may not be rooted in reality when one considers the regular in other countries, do appear to be influencing the behaviour of economic factors.

In his state of the nation address of February 2000, the President also said:

A review of the labour market policies undertaken by the Government has concluded that certain aspects of the legislative instruments aimed at giving effect to our labour market policies have led to unintended consequences and, for that reason, to ensure that we address simultaneously such issues as fair labour standards, the fostering of economic growth and job creation, amendments to certain provisions of the Labour Relations Act, the Basic Conditions of Employment Act and the Insolvency Act will be introduced this year.

It was against this background that in July 2000 the Minister of Labour released the Labour Relations Amendment Bill and the Basic Conditions of Employment Bill for public comment and for negotiation at Nedlac. It is no secret that the said proposed amending Bills raised a lot of controversy from social partners and a lot of interest from the citizenry as a whole.

The controversy that the Ministry of Labour predicted would be triggered by the proposed amendments was realised. On the one hand certain sections of the labour movement claimed that the amendments would roll back rights which workers had won through many years of struggle, and on the other hand certain pockets of business charged that the proposed amendments did not go far enough in addressing their concerns about the hassle factor of doing business in this country.

Addressing a parliamentary press gallery at the beginning of this year, Minister Mdladlana stunned journalists when he announced that a miracle was looming on the horizon regarding labour law amendments, notwithstanding what social partners had said when the amendments were tabled.

Today I can testify to the effect that the miracle the Minister referred to did not become a mirage. The amending Bills I am tabling here today on his behalf enjoy the substantial support of organised labour and business, and include something for everyone. The Minister of Labour further clarified that something for everyone did not mean everything for everyone, because for any right conferred to any social partner, there is a reciprocal obligation on another.

Some amendments in these Bills will improve the protection of workers, while others will assist in improving the efficiency of the labour market. Some amendments will make it easier for small business to comply with our laws, while others will make it more difficult for unscrupulous players in the labour market to abuse vulnerable workers.

The Bills tabled in Parliament today will improve the functioning of the bargaining councils; increase the effectiveness and efficiency of the CCMA, particularly in relation to their ability to serve small businesses and vulnerable workers; they will bring stability to the Labour Court in respect of the status of judges in court; they will improve the procedures in the event of dismissal, including providing for probation and introducing a far fairer system of compensation in the event of unfair dismissals; significantly revamp the procedures in the event of retrenchments; provide certainty and clarity as to the transfer of workers’ contracts of employment when a company changes hands; address problems that workers face in the event of an insolvency; prevent the abuse of workers who are forced to sign contracts which turn them into independent contractors when they are, in fact, employees; improve the balance between labour market efficiency and decent labour standards in respect of the Basic Conditions of Employment Act; and, finally, to improve the application of the Basic Conditions of Employment Act.

This is a significant set of amendments. The Government is confident that the amendments, as a package, are a signal to our supporters and detractors alike that we are responsive to the changing nature of the labour market and to the concerns and problems of all our stakeholders, organised labour and business, unorganised workers, investors, small employers and those whose possibilities of gaining employment could be limited by the operation of our laws.

Once these amendments are put into effect, organised labour will be able to elect whether they want to strike or contest the substantive fairness of a retrenchment through the labour court. Vulnerable workers will become less exposed to abusive contractual relations and have easier access to the CCMA.

Small businesses should see their interests taken into account by bargaining councils and will undoubtedly get a better deal at the CCMA. Investors will have a more certain climate in which to do business, especially in relation to the transfer of contracts of employment where they buy a business.

It is our view that these labour law amendments, coupled with other Government initiatives, including Nepad, the roll-out of the skills development strategy, initiatives such as the integrated rural development strategy and the urban renewal programme. All of these contribute to increasing the quantum of new investment in our country. This can only be good news for job creation and economic development.

The negotiation process with the social partners took over a year. There were moments of high tension and many, many long nights. A lot of time and energy were also spent in obtaining appropriate mandates as each team of negotiators was determined to get nothing but the best for its constituency.

The hon the Minister of Labour would like to acknowledge the contribution that the Millennium Labour Council made in this process. A number of critical agreements, which laid the basis for constructive negotiations in the Nedlac process, were reached by organised labour and business in this council. After this, extensive negotiations at Nedlac resulted in consensus being reached on almost all the issues.

One of the hallmarks of a strong and dynamic democracy is a vibrant social partnership between Government, organised labour and business. We are very fortunate to have such a strong tradition in our country. A strong social partnership brings with it many advantages. Labour laws that are agreed upon have high levels of credibility and legitimacy, and are more likely to be implemented and enforced. This has been the experience to date. But a social partnership not only requires hard work and hard bargaining, but also deal-making at the end. The harder one works, the more difficult for one to develop a win-win solution. We believe that this has been the case in respect of retrenchments and pay for work done on Sundays.

The Government had different proposals a year ago in respect of addressing these issues. Firstly, in respect of retrenchments, the proposals sought to improve the operation of the consultation process and reinforced the original intention of the Act, to encourage parties to find solutions to avoid or minimise retrenchments.

We were, however, persuaded in the negotiation process to consider a more significant revamp of the retrenchment procedures, to include strengthening the process of consultation prior to a retrenchment, including giving parties the option to have a facilitator to assist them, allowing workers to choose whether to strike or refer dispute about the fairness of their retrenchment to the labour court, interdicting employers who do not follow the correct procedures in respect of retrenchment disputes and circumscribing the role of the Labour Court when considering whether or not a retrenchment was substantially fair. This is a new route, but it is believed that these amendments would assist both employers and employees in managing retrenchments in a better way than has been the case up to now.

Secondly, in respect of Sundays, it was clear during the negotiations that organised labour and business did not have a problem with the status quo, except in respect of companies which employed fewer than 20 or 30 employees. As a result, and bearing in mind other representations from the public and church groups, the Cabinet approved maintaining the status quo. This position was supported during the public hearings in Parliament.

In conclusion, on behalf of my colleague, I would like to pay tribute to all those who have made these amendments possible. First of all, I would like to thank organised labour and business for their demonstrated capacity and willingness to rise above their immediate sectorial interests and put South Africa first. In this regard I would like to thank Mr Lesley Boyde and Mr Zwelinzima Vavi, co-chairpersons of the Millennium Labour Council, for their leadership.

Secondly, I would like to thank Mr Ebrahim Patel and Vic van Vuuren who, respectively, led labour and business negotiating teams during this Nedlac process. Tribute is also due to the Government negotiating team consisting of Mr Les Kettledas, who is sitting over there, Ms Lisa Seftel and Mr Tembinkosi Mkalipi. This Government team was ably led by the Director General of Labour, Adv Rams Ramashia, who is also here. Members of civil society who participated in the hearings deserve special thanks for the value added to the discourse.

Lastly, vigilant eyes of and rigorous scrutiny by the members of the Portfolio Committee on Labour, to whom we are deeply indebted, will ensure that the Bills I table before the House will, indeed, achieve what they seek to.

I do have a few minutes left. These people on the left do not listen. That is the reason they do not know anything. [Applause.]

The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Members on my left have been in a very festive mood and I would like to request the Whips to assist in getting hon members to focus on the business of the House. [Interjections.]

Mr M S MANIE: Chairperson, hon members, I am delighted to address the National Assembly on what the prophets of doom predicted would be the most contentious amendments to our country’s labour laws.

For me the most striking feature of the past process has been the level of maturity and goodwill that existed between business and labour. The bulk of the potentially contentious matters were agreed to between the Nedlac parties, and the matters referred to us were not the crunch issues. In this regard, I would like to express my gratitude for and confidence in the Nedlac processes. It is, and will remain, a very important structure in the South African economy.

We made the choice as South Africans that we would fight and eliminate discrimination and inequalities wherever they existed, including the workplace, and we make no apologies for this. We want a labour market that is regulated by fair and balanced labour policies.

Any economic growth that is based on labour market policies that are skewed or biased towards either labour or business cannot be sustainable in the long term. The portfolio committee used this as its guiding criterion on whether to accept or reject proposals regardless of whether they came from business or labour.

The main thrust of these labour law amendments was to clarify the intention of the law and remove unintended consequences. Regarding the CCMA fees, concerns were expressed that the CCMA structures were abused by labour consultants and workers who earn very big salaries.

The idea of introducing CCMA fees was met with lots of concerns because this might prejudice the access of marginalised and low-income workers. The committee, eventually, agreed that the matter should be left to the discretion of the CCMA Commissioner to make cost-awards where appropriate and that this should be guided by the regulations issued by the Minister.

With regards to Sunday work, the one argument that was being forwarded was that our labour market is changing fast and that, in many respects, Sunday forms part of the normal working week. Although this was true in some of the urban areas; this had to be weighed up against the fact that Sunday has become not only a day of importance for religious reasons, but also forms part of the way families plan and organise their free time. The various views presented to the committee during the public hearings persuaded us to retain the status quo for now.

Concerning retrenchments, originally this was one of the big problem areas of whether workers had the right to strike when faced with retrenchments. Although the parties at Nedlac have agreed, in principle, to the right to strike much of the details were referred to us for consideration.

I wish to focus on only two of these areas. Business felt that the time period given to workers within which they could take matters to court was too long. Labour, on the other hand, felt that the time was too short. The committee eventually agreed to give the facilitator the right to vary the time up or down depending on the urgency, complexity and number of workers involved. The other factor, with respect to retrenchments, was what was referred to as the ``elective right.’’ This, basically, means: Do workers have the right to choose to go on strike or take the matter to the Labour Court when faced with retrenchment? What I found very ironical was that business felt that workers should only have the right to strike and labour felt that they should also have the right to go to court.

Having been involved in the trade union movement for many years myself, I know that, in the past, business was always saying: Do not strike, but go to court, and workers used to say that they preferred to go on strike and not to court. Things have really changed. Anyway, the committee eventually agreed that the right to choose should be given to workers and not prescribed in law.

Regarding the variation of hours of work by the Minister, the need for the Act to be amended was motivated by the department through the experiences and interaction they had had with maritime, private security and agricultural workers. The committee felt that the arguments presented to it did, in fact, require the Minister to vary the hours of work to suit the special circumstances prevailing in these three sectors. However, concerns were expressed about varying hours of work generally, as the stated intention of Government policy is to reduce the hours of work to 40 hours per week.

The intention of the Act, concerning Labour Court judges, was to have a uniform approach to all judges in our country and to have Labour Court judges integrated to form part of the High Court. After several technical and constitutional issues were raised by various stakeholders, the committee felt it prudent to withdraw the affected clauses for now and will address them at a later stage, after we have consulted fully with all those institutions and persons who are affected by these possible changes.

To people who have not been directly involved in these discussions and debates, these labour law amendments may sound technical and even trivial. Let me assure hon members that these amendments will contribute greatly towards creating an atmosphere and environment within which there will be much more certainty.

Of course, the DP will find all sorts of reasons to criticise what has been hailed by parties across the political and social spectrum as a major step towards greater consensus between business and labour. [Interjections.] To me, it appears as if the DP is politically bankrupt … [Interjections] … and this is as a direct result of their fight-back policies that they have adopted. [Interjections.]

Their constant attacks and criticism of the Government are monitored by overseas investors and that is having a very negative impact on our economy and foreign direct investment. [Interjections.] Anything that impacts negatively on our economy would have the worst effect on the poorest people in South Africa. [Interjections.] I am getting more and more fed up with the DP’s sensation-seeking, obstructionist and rich-kid attitude. [Interjections.]

In conclusion, let me say that we are entering a new political phase in our country. We welcome the New NP’s decision to be part of constructive politics in South Africa. [Interjections.] [Applause.]

Ordinary people are sick and tired of the fighting. Black and white South Africans want to see politicians solve the many problems of our country and not to continue fighting. [Interjections.] Phansinge-obstructionist politics, phansi! [Down with obstructionist politics, down!]

HON MEMBERS: Phansi! [Down!]

Mr M S MANIE: Phansi nge-fight back politics phansi! [Down with fight back politics, down!]

HON MEMBERS: Phansi! [Down!] [Applause.]

Mr N J CLELLAND: Mr Chairperson, I am glad that Minister Balfour is standing in today for the Minister of Labour. But, frankly, for the Minister of Labour not to be here for such important legislation is just not cricket. [Interjections.]

In September this year, the hon the Minister of Labour said that these amendments, and I quote:

… offer something for everyone. So it would be counterproductive for parties who did not get everything they wanted to ravage the deal in public. Such a move would undermine the intent of the process. It is not my intention to, as the Minister put it, ravage the deal here today. Indeed, there is much that is constructive and positive in the Bills before the House today and the DA will support them. [Interjections.] But the hon the Minister said that it would be counterproductive for parties who did not get everything they wanted to ravage the deal in public. I assume he was referring to Nedlac and political parties here today.

Unfortunately, those who really do not get everything they wanted are the millions of our people who are without jobs. They are the losers in this cosy deal and have neither been involved, or consulted, nor have they benefited from the rounds of talks that took, literally, years. These amendments are the celebrated result of months of negotiation and compromise between labour, business, and Government. Regrettably, what has emerged is a set of insubstantial amendments that fail to address the root problems in the labour market, and serve instead as politically symbolic gestures of give-and-take between Government, business and trade unions.

However, insubstantial as they may be, in the bigger picture, they are not entirely devoid of value and worth, and let’s give praise where praise is due. That we have any amendments at all is an indication that Government is thinking about the consequences of our labour regime. I hope that it is still prepared to go further along this very necessary road. The introduction of a six-month probation period for new employees; technical improvement designed to streamline the CCMA and Labour Court; efficient and effective use of conciliation and arbitration - these and other innovations are reason enough to support this Bill.

But, on the other hand, let us not forget that these Bills are the offspring of lengthy and often acrimonious negotiations and that there are serious and contentious sticking points, like the right to strike over retrenchments; the potential imposition of a user fee for the CCMA; and the so-called elective rights of workers to either strike or litigate. Unfortunately, all of these, the good and the bad, amount to nothing more than nifty tinkering around the margins. Our inflexible labour market remains and even the World Bank cites this as one of South Africa’s biggest economic problems.

The professed philosophy of the Minister and the department includes the admirable values of sound labour relations and economic growth. Laws that deal with dismissal are, therefore, ostensibly designed to provide a measure of security of employment for employees. But, ironically, in real life they mostly achieve the direct opposite effect: The harder it is to fire a worker, the less likely he/she will be hired; and the more job protection, the fewer the jobs.

Frankly, for the hon the Minister continuously to rebuff this point, whenever I make it, with a kneejerk reaction that says ``we have radically different philosophies’’ is actually, with respect, unacceptable. What South Africa needs are bolder steps to relax the overly regulated labour environment and send a clear message to the world that we are open for business in a global supermarket of investment.

Yes, this legislation is a step in the right direction and, at best, it will provide a modicum of flexibility to certain aspects of our labour regime and it will facilitate a certain amount of elasticity in the job market. But, it is not enough. Labour legislation is not the only factor that inhibits economic growth and higher rates to fixed investment, but it is one of the most valuable tools with which we can show investors that the Government is committed to creating an environment conducive to business.

The unemployed people of South Africa, like Dickens’ Oliver Twist, have arms outstretched for more - more amendments, more radical changes - please sir, I want some more. [Applause.]

Mr N S MIDDLETON: Chairperson, the Minister of Bafana Bafana, and now of Labour, and colleagues, since 1994 there has been an intense debate within and outside the corridors of Government about how to reform inherited apartheid labour programmes.

The result of this was a proclamation of the following Acts: the Labour Relations Act of 1995, Basic Conditions of Employment Act of 1997, Employment Equity Act of 1998. Then followed the Skills Development Levies Act of 1999, all of which had the intention of improving the workers’ conditions.

Unfortunately, the challenge that has continued to bedevil the Government is the slow pace with which these Acts have been implemented thus far, to the satisfaction of those concerned. [Interjections.]

The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Order! Hon members, I will afford you latitude, but I think you are overdoing what you are doing. You are busy making conversation behind your backs, laughing loudly and you are not allowing this House to proceed with its work with some measure of decorum. I really must earnestly ask the Whips to assist in this matter. Thank you, hon members.

Mr N S MIDDLETON: Chairperson, may I just remind you that we are discussing labour and it is the workers’ right to make noise whenever they want to. [Laughter.]

Be that as it may, one needs to bear in mind the old saying that nobody can please all the people all the time. This saying applies just as well to all governments. For this reason, amongst many others, governments throughout the world will continue to shift the goal posts from time to time in order to accommodate the people they represent. From time to time it will be necessary to amend the existing Acts of Parliament whenever the occasion arises.

Since 1994, the Government has sought to address the exploitation of the vulnerable workers as well as the phenomenon of the working poor; and the inequities and discrimination that have existed against workers along racial and gender lines. These amendments, to both the Labour Relations Act and the Basic Conditions of Employment Act before this House, are sincere endeavours to look at the workers’ basic rights, protection and collective bargaining, human resource development as well as the wage and occupational structures.

One ought to be mindful of the fact that during the promulgation of these Acts, so many reservations against them were expressed, including some by my party, the IFP. The IFP still have critical concerns with these amendments in a few focused areas. One of these concerns is the area of sympathy strike, particularly with respect to retrenchments. Because retrenchment in itself is an emotive issue and because trade unions often make strike action on retrenchments a highly emotional issue, it is my party’s considered opinion that sympathy strikes, by and large, have a tendency of punishing the innocent institutions more than the culprits who were the cause of these strikes and who, after all, do not care a damn.

We welcome the amendments to termination of employment on the grounds of insolvency by the employers. We have seen too many fabricated insolvency grants in order to circumvent collective agreements reached by both parties. We also welcome the regulated enforcement of collective agreements by the bargaining councils. The objectives of the Conditions of Employment Bill are also welcome as they now recognise domestic and seasonal workers as workers.

The IFP supports the broad package as presented in these two Bills. We believe that, hopefully, these amendments will lay to rest the period of conflict that has thus far existed and that we will see a new shared commitment by both labour and business components in taking these amendments forward. The IFP, in supporting these amendments, wishes to say: Phambili nomzabalazo wabasebenzi, phambili! [Forward with the workers’ struggle, forward!] [Applause.]

HON MEMBERS: Phambili! [Forward!] Mr N S MIDDLETON: Phambili nomzabalazo wabasebenzi, phambili! [Forward with the workers’ struggle, forward!]

HON MEMBERS: Phambili! [Forward!]

Mr A BLAAS: Chairperson, the hon the Minister and the chairperson of the portfolio committee dealt comprehensively with the clauses that are amended and argued the reasons and merits of these changes.

These amendments are an improvement on the legislation and the objectives of the changes, as were mentioned by the Minister, should be reasonably achieved. Whether this will increase sensitivity of our legal framework to the imperative of creating jobs, however, is open for argumentation. The New NP will thus support these amendments to the labour laws.

In analysing as to how they effectively address labour policy imperatives, I dare to suggest that some of the amendments may have a conflicting consequence. Let us quickly look at job creation, improvement of labour market efficiency and investor attractiveness. The existing position relating to retrenchment for operational requirements is that an employer may dismiss employees for a fair reason based on these requirements and provided that the procedure, as set out in section 189 of the Act, is followed.

Although the amendments, clauses 47 and 48 of the Bill, will not adversely affect employers with less than 50 workers, they impose additional duties on parties with more than 50 workers. Workers now have the right to strike if dismissed for mentioned reasons and employers have the right to lock them out. The parties can agree on a facilitator to be used in resolving disputes. The employees may elect to strike or litigate over any dispute.

The same prescribed formalities currently applying to strikes, except the 14 days’ advance notice for secondary strikes, must precede all strikes and lockouts. These prescribed procedures introduce more legalistic formalities that will invite the participation of lawyers and increase transaction costs. The market may perceive this right, a normal commercial action and at present taken care of by the Act, as a further risk.

Because of the formalities, and avoiding the risk of incurring more costs, employers will employ fewer and fewer people and the opportunities for re- employment will be reduced. Furthermore, this means it may take months to resolve retrenchments. This leads to less flexibility, loss of productive time and increased costs, and deters possible investors.

Section 55 of the Bill provides for inclusion in the scope of the Act persons who conclude agreements as independent contractors. This mainly involves people who prefer to work as freelance operators and individuals who choose to agree on piecework contracts. Although their rights as employees will be protected by this legislation, it may deny them their freedom to regulate their own relationships by agreement.

The more the laws limit the choices that parties are able to make in arranging their relationships, the weaker the bargaining powers of that employee becomes. To avoid risks that may be imposed by this section, employers may choose to automate and mechanise, which may also result in jobs being lost.

In summary, some of the proposed amendments may increase inflexibility, costs and disincentives to invest. Measured against policy imperatives, it may have no impact on job creation, boosting investor confidence or improving the efficiency of the labour market. On the contrary, it may have the opposite influence.

Although we would like to see more flexibility and less legal interference to create an environment for individual agreements and to enable employees to establish their own destiny, the New NP supports these amendments to the Labour Relations Act and the Basic Conditions of Employment Act. [Applause.]

The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Mr D D Mabuza will be making his maiden speech. [Applause.]

Mr D D MABUZA: Chairperson and hon members, I want to take the opportunity afforded to me to participate in this debate and speak in this House for the first time. I take this debate to be very important because of the proposed amendments before us. The proposed amendments seek to improve the efficiency of the labour market, improve the protection of workers, and to at least make it impossible to abuse vulnerable workers.

The proposed amendments represent our collective desire to achieve social justice for all our hardworking people. Social justice remains central to our march towards political, economical and social transformation, hence the assertion that we are indeed on the right course.

These amendments seek to ensure that the working conditions of unorganised and vulnerable workers meet the minimum conditions of employment which are socially acceptable and in consonance with the level of development of our country. It is quite encouraging to note that there is a greater amount of consensus among all the role-players who were involved in the public hearings, which made the Bill more credible and legitimate. An exception was those few lonely, uninitiated, voices somewhere.

There was agreement around private and public bargaining councils which will make the implementation process simpler so as to ensure that employers and employees are served better and to the fullest. We also want to urge and encourage small business to take membership of the bargaining councils, so that their interests and aspirations could be represented. Bargaining councils are an important cornerstone in the collective bargaining arrangement in the country and there is a need to enhance and strengthen their functioning.

There are also concerns around issues affecting the CCMA. We all agree that the functioning of the CCMA should be improved by simplifying its processes, shortening the time to handle cases and eliminating the scope of abuse of resources and processes. There is an agreement on the introduction of a phase to eliminate the grounds for abuse. We agree that we must not prejudice those workers who earn very little. Dispute resolution mechanisms should be improved by giving employers and employees the option to request an arbitrator to conduct a final and binding disciplinary inquiry. This will eliminate duplication of proceedings. Employers and employees can only do so on the basis of mutual consent, by deeming arbitration awards made by the CCMA and bargaining councils final and binding, capable of being enforced. We must align the scope and powers of the bargaining council arbitrators with those of the CCMA, to reduce inconsistencies and duplications.

On retrenchments, the following amendments were agreed upon. Parties facing retrenchments are to engage in a joint consensus process. These parties should be allowed to request a facilitator from the CCMA, if they so desire. Industrial action by parties should be allowed in accordance with procedure laid down in the Act or disputes about the fairness of retrenchments should be referred to the Labour Court. Workers should be allowed to refer a complaint about procedural fairness to the Labour Court, so as to compel employers to comply with a fair procedure.

The onus is placed on the employer to prove that information that they refuse to disclose to unions is not relevant. This will enhance the ability of unions to gain access to information which will enable them to participate meaningfully in retrenchment consultation.

Let me also acknowledge and commend the stakeholders for their genuine contributions in all public hearings and their ability to reach consensus on a number of issues. As we have said, these amendments go to the very heart of the relationship between labour and business and seek to depart in a big way from old practices to new practices altogether. These amendments will go a long way in improving the investment climate and our job creation drive.

However, we want to forewarn the unscrupulous businesspeople who always follow the procedures laid down in the law for the sake of formality without genuine reasons or substantive fairness for the course of action they take. These actions often result in job losses under the guise that their businesses are facing economic downturns. The reasons for such job losses should be substantiated with relevant information that shows the financial performance of their businesses and factors responsible for nonperformance. Meaningful engagement should be given a chance, in trying to avert retrenchment, as undertaken by the department, when offering assistance of such consultation through the CCMA commissions.

As the ANC, we will continue to support policies and activities which encourages greater and more productive use of labour, without undermining worker security and basic employment conditions. We are still glued to the view that improvement in the living standard of workers and focused programmes of human resource development will release the resources of the nation’s workers and significantly improve productivity in the economy of the country. This will ensure that we move progressively in bettering the lives of our people.

We cannot develop as a country at the expense of social justice and compete meaningfully without a floor of basic human standards. The ANC supports the Bills before the House. [Applause.]

Adv Z L MADASA: Mhlali-ngaphambili, mandiyivume kwangoku into yokuba bendingekho ezintlanganisweni xa bekuxoxwa ngale Mithetho isaYilwayo. Loo nto ayindinqandi ukuba ndingathabathi nxaxheba kule ngxoxo.

Ndiyayincoma iKomiti yezaBasebenzi ngokumamela nokwamkela izimvo zabantu abaninzi kangaka. Zininzi izinto ezenziwa ngulo Mthetho usaYilwayo. Ubukhulu becala ndiyavumelana nalo Mthetho usaYilwayo. Kodwa ndiza kuthetha nje ngomba wabasebenzi basemakhitshini.

Lo Mthetho usaYilwayo uzama ukukhusela abasebenzi abasebenza iiyure ezimbalwa ukuze nabo bathatyathwe njengabasebenzi. Umbutho we-ACDP uyayixhasa loo nto. Abasebenzi mabangaxhatshazwa. Kambe ixhala esinalo kukuba, njengoko sisenza le mithetho, sikhusela abasebenzi, bayagxothwa mihla le, kuba abaqeshi bayanqena ukujongana neenkcukacha zomthetho. Ke ngoko, ndicinga ukuba ngesingawungxamelanga lo Mthetho usaYilwayo unxulumene nabasebenzi basemakhitshini, ukwenzela ukuba aba basebenzi bangagxothwa, njengoko begxothwa yonke le mihla.

Umzekelo, ngoku kwanda amashishini okuhlamba impahla. Ngenxa yoko, abantu abaninzi ngoku abasaqeshi bantu bokubahlambela iihempe neebhulukwe, njalo njalo. NjengabeLungu bonke abantu ngoku bathabatha impahla bayifake engxoweni, baye kuyifaka emtshinini. Ngolo hlobo bathi bangaqeshwa abantu, balahlekelwe yimisebenzi.

Yiloo ndawo ke endihluphayo malunga nalo Mthetho usaYilwayo. Nangona kunjalo, siyawuxhasa ngokupheleleyo lo Mthetho usaYilwayo. [Kwaqhwatywa.] (Translation of isiXhosa speech follows.)

[Adv Z L MADASA: Chairperson, let me admit that I was not at the meeting when these Bills were discussed. However, that does not prevent me from taking part in this debate.

I commend the Portfolio Committee on Labour for its readiness to listen and to pay attention to the views of so many people. On the whole I support this Bill. However, I would like to comment on the issue of domestic workers.

This Bill is aimed at protecting those workers who work limited hours, so that they too can be regarded as employees. The ACDP supports that. Workers should not be exploited. However, our concern is that while we are busy making these laws, trying to protect the workers, they are being expelled from their jobs every day, because the employees are reluctant to abide by the terms of these laws. Therefore, I feel that we should not have rushed this Bill concerning domestic workers, so that these workers should not have their services terminated, as is happening every day now.

For instance, right now launderette businesses are increasing. As a result many people today no longer employ workers for doing the washing. Today everybody puts their washing in laundry bags and take it to the self- operated machines at the launderettes, like the white people do. This results in job losses for many people.

This is the aspect of this Bill about which I am somewhat concerned. However, we support the Bill. [Applause.]]

The DEPUTY CHAIRPERSON OF COMMITTEES: Order! Hon members, you are totally free and entitled to speak in any one of the official languages, but it would assist considerably if you give prior notice in order that an interpreter can be in place. So I appeal to the Whips, if hon members want to use any one of the official languages, please to indicate which one of these languages it would be.

Mr I S MFUNDISI: Mr Chairperson and hon members, there has been debate about the imbalance in labour laws with regard to employers and employees. The lopsided laws tended to retard economic growth and job creation.

The amendments we are debating today are effected in order to address the concerns of small business and the protection of vulnerable workers. The amendments are a sort of give-and-take measure in that small businesses will be assisted to comply with the law, while unscrupulous players in the labour market will not find it easy to abuse workers.

We hope the amendments will stop a recurrence of incidents such as the Lenasia factory tragedy in which people were incinerated while factory owners were enjoying their sleep. This is a clear manifestation of the notion that blacks cannot be left to work unsupervised, and that if one cannot supervise them, then one should keep them under lock and key.

Amendments will ensure improved access to services provided by the Commission for Conciliation, Mediation and Arbitration, as well as ensure a speedy process of conciliation. This measure will surely benefit vulnerable workers. The amendments will also empower the Minister of Labour and the Registrar of Labour Relations to act decisively against bogus unions, employer organisations and others who often mislead small employers and charge them high fees.

As a give-and-take measure, the amendments give more flexibility in respect of the arrangement of working time and shorter notice periods in respect of employees who have been employed for less than six months. Similarly, employers will also have less difficulty in establishing the substantive fairness of dismissal on grounds of incompatibility or incompetence during the probation period. These amendments also aim at ensuring that basic conditions of employment are more sensitive to the imperatives of job creation and small business.

Through the amendments, the Minister will be empowered to expand the working week to a 45-hour week on condition that there is collective agreement. Given the nature of these amendments, the UCDP supports the Bill.

Miss S RAJBALLY: Mr Chairperson, may I take this opportunity to congratulate the hon Mabuza on his maiden speech.

As expected, many Bills and policies are to return to the Table to be amended and put in order. This has been the case with these two very important amending Bills.

Survival rotates around money, although it is attained in many ways. One enters into an agreement of employment primarily to attain payment, which comes in the form of money, in exchange for labour. This relationship between the employer and the employee comprises of many technicalities and is guarded by a series of rules and regulations as to how it should be conducted.

In terms of the Labour Relations Act, satisfaction is expressed as to the specific attention paid to small business and vulnerable workers, who often find themselves victims of the harsh conditions of competitive marketing. The involvement of the CCMA, the Minister of Labour and the Registrar of Labour Relations would certainly ensure that the overseeing function is conducted adequately.

Further, the general amendments made to the Labour Relations Act attempt to improve and give greater certainty to the right of workers who are facing retrenchment or transfer of contracts when property changes hands as a result of insolvency. Amendments to this Bill appear to be in order and now the tools to institute these provisions effectively and efficiently are awaited.

With regard to the Basic Conditions of Employment Bill, we support the amendments made to overtime. The expansion of the working week introduced by the Minister of Labour also appears to be in order. However, consideration should be given to the intensity of each form of labour and the employee’s ability to perform at the required rate.

The amendment made with regard to the notice of termination of employment appears to be fair and, hopefully, will be accepted soon. The MF supports both Bills. [Applause.]

Ms E THABETHE: Mr Chairperson, six years ago we inherited a world of work based on economic deprivation, adversarial labour relations and blatant denial of worker rights. It was run on a cheap, migrant-labour system, with massive income and wealth disparities, systematic exploitation and discrimination against poor people, women, the youth, people with disability and other groups, and accompanied by high unemployment levels.

Indeed, this terrible, inhumane legacy did not vanish into thin air when the ANC took over the reins of Government. Yes, even today this legacy continues to weigh heavily on the working lives of our people and the business environment.

Despite the distorted labour market framework that we inherited, the ANC- led Government has been successful in delivering on our promises of a new labour dispensation that not only entrenches the rights denied for so many decades, but also lays the foundation for sustainable and sound economic growth. These are some of the points I raised during the budget Vote on labour earlier this year, and I strongly believe that they are as relevant for this debate.

The Department of Labour’s approach to labour market policy entails the following good and progressive points: the need to regulate the labour market in order to resolve inherited rigidities and inflexibility; the need to proactively promote labour market and overall economic efficiency; the need to support and enhance employment creation; the need to promote worker security and safety through maintenance of socially acceptable and mandated minimum basic conditions and standard of employment, in line with our constitutional requirements.

The two Bills that we are dealing with today seek to address the ideals of the points raised above. The amendments to the Labour Relations Act cover unfair dismissals and unfair labour practices. The amendments improve the resolution of disputes broadly, although labour recorded their reservation on the terms of the compensation to be awarded in the event of an unfair dismissal, as well as on the concept of compatibility in relation to probation.

With regard to the Commission for Conciliation, Mediation and Arbitration, which is in short called the CCMA, we received, as Parliament, through the labour portfolio committee and the Department of Labour, annual reports. After going through some of those reports, it was quite evident that there was a need to simplify CCMA procedures and processes, as well as to shorten the time taken to process cases and limit the scope of abuse of the CCMA’s resources and processes. This will further strengthen relations between parties with regards to bargaining councils.

The amendments address the improvement to private and public sector bargaining councils to ensure that the service rendered to both employers and employees are better off than before. This measure will accommodate both big and small employers for membership, but will be of greater benefit to small businesses and employers’ associations.

The Basic Conditions of Employment Amendment Bill focuses on two areas, that is changing substantive conditions of employment and improving the application and the enforcement of the Act. This is very important, because if enforcement is strengthened, there will be more harmonisation and better dispute resolution in general, ensuring that workers whose contracts of employment are terminated when their employer is liquidated or sequestrated, are entitled to better severance pay. I believe this is a major victory for the working class of this country, as workers used to be left in the lurch and suffered a great deal.

I really commend the ANC-led Government for the progressive review of our labour laws. I also acknowledge Nedlac for the sterling work they have done, as negotiations were not easy at all. The matters before them were complex, but because there was commitment from all parties, they were able to strengthen social dialogue at all levels.

When we dealt with some of these amendments, we dwelt a lot on the question of meaningful negotiations and the consultation process. This was a thoroughly debated issue in the committee, but I am glad that at the end of the day we had meaningful inputs. From the opposition side we agreed to disagree at times, but then we were able to deal with these labour law amendments.

When the commentators were really dealing with this aspect, we thought that maybe mountains would move, because they were over- exaggerating the labour laws. We thought that they would be able to get rid of the rights which workers fought for over a long period. I really commend the department and the Government for not listening to those people, but for coming up with amendments that will make our labour market more flexible in terms of what it is supposed to do.

I also thank the acting Minister and some of the members who participated in the spirit of working together in the committee, that we were able to come up with these amendments. I hope that the House will be able to support the amendments.

We also thank the workers in the gallery. It shows that this is really a people’s Parliament. In the past they were not used to coming here and listening to debates. They were harassed at the gates of this Parliament and could not gain entry to this place. We also welcome the ANC for making sure that when it took power in 1994, it really meant to be a people’s Government. [Applause.]

The MINISTER OF SPORT AND RECREATION: Chairperson … Qina msebenzi, qina! [be strong, worker, be strong!]

That is to thank the workers who are sitting in the gallery. I am not going to respond to all aspects, I think that everybody supported it. It is quite clear from what Mr Clelland said that he also believes that he knows nothing about some of the things he was saying. [Laughter.] [Applause.]

So I am not going to bother myself with that. All that remains for me to do is thank all the hon members and parties who have expressed their support for these amendments. It is very clear that the Department of Labour has delivered on the mandate of the President, in that the amendments have removed the unintended consequences, and would go a long way in addressing the hassle factor of doing business, without eroding the rights of workers.

I do want to say also that it is very clear that these amendments seek to maintain a very elusive balance between labour market efficiency and decent labour standards. We are trying our best to make things work out. To all the members who have participated, we say thanks and we wish all the members of Parliament the best as they go out today, because Parliament is going into recess. We are calling on all our social partners and workers to go out there and make these amendments work.

Klim op die wa. [Applous.] [Get on the bandwagon. [Applause.]]

Debate concluded.

Bills read a second time.

                     UNEMPLOYMENT INSURANCE BILL

            (Consideration of Bill and of Report thereon)

Order disposed of without debate.

Report adopted and Bill agreed to. TELECOMMUNICATIONS AMENDMENT BILL

            (Consideration of Bill and of Report thereon)

Order disposed of without debate.

Report adopted and Bill agreed to.

                 PENSION FUNDS SECOND AMENDMENT BILL

            (Consideration of Bill and of Report thereon)

Order disposed of without debate.

Report adopted and Bill agreed to.

 TOLERANCE AS A PILLAR OF NATION-BUILDING, WORLD PEACE AND STABILITY

                      (Subject for Discussion)

The DEPUTY MINISTER OF HOME AFFAIRS: Madam Speaker and hon members, I want to come to today’s topic for discussion on the strength of a Xhosa word which means tolerance. Tolerance in Xhosa is ``ukunyamezelana’’.

This Xhosa word has a broader scope than its English synonym, and it includes the following in its definition: to treat one another with consideration, or to care for one another. As can be appreciated the word is one of the key components of our concept of ubuntu. It has resonance with the great majority of South Africans, black and white, who fought a long and hard struggle to liberate our country.

Among such people was Goolam Hoosain Ismael Pahad who, as we are speaking, is being buried in Johannesburg. He was 90 years old and Comrade Pahad is the father of both Comrade Essop Pahad, Minister in the Presidency, and Deputy Minister Aziz Pahad.

He was a member of the Transvaal Indian Congress, as well as the South African Indian Congress. In his work within those organisations, as well as the broader democratic movement, he rubbed shoulders with the giants of our struggle, who included Nelson Mandela, Walter Sisulu, Yusuf Dadoo and others. We as the ANC would like to dip our banners to that gallant son of our soil. May he rest in peace.

The principle of ukunyamekelana'' [tolerance] was the lodestar of quite a number of gallant revolutionaries of our people which includes people such as Fred Carnerseen who, writing from behind the walls of Pollsmoor Prison where he was held to face charges relating to treason in the mid-sixties, wrote to his daughter Liane and said the following:I was not afraid to go into battle nor will I hesitate to do so again if needs must’’. Some of the charges he was facing related to his membership of the SA Communist Party, as a leader of that of organisation as well as to his being a member of uMkhonto weSizwe. When he died early this year, he was still active in our movement and was among the leaders of our party.

When he cast his ballot in the local government elections last year, he must have remembered another 5 December in 1956 when he was among 156 leaders of our people who were arrested and incarcerated in South Africa’s apartheid jails to face treason charges. Among those who were also arrested are people who are in this House, people such as MaBertha Gxowa, Billy Nair and Reg September. Of course, they were in very good company, because others who were arrested on that day were Nelson Mandela, Walter Sisulu and other leaders of our movement.

I came across the word ``ukunyamekelana’’ [tolerance] for the first time in a discussion with a villager at Mount Coke mission, a village just outside King William’s Town. The area was at that time, in the throes of a severe drought. We were talking about the effect it had on the people in the village, when the villager said to me that the people have come together to face the harsh conditions as a collective, on the basis of consideration and care for one another.

Of course, this was not unique to the people of Mount Coke. It has been part of the way of life of African families since time immemorial. It guided the founding members of the ANC in their quest to establish an organisation on our soil that would create the conditions necessary for all our people to treat one another with consideration and care, on the basis of unity, democracy, peace and justice. The ANC was convinced that the ideal of a South Africa that would belong to all her people was achievable, hence that memorable line in the Freedom Charter. African society established systems to care for all vulnerable people in the community, including widows and their children. Resources were spread around to cater for the needs of even those who were poor and could not make ends meet. The children grew up under the strict guidance of every elder in the community. There was respect for the elders and the laws that governed general behaviour and ethics.

Despite the strides we have made in our nation-building project, there is still evidence of moral decay within our society. There are many instances of the abuse of women and children, but especially the girl child and elderly citizens. Quite clearly, we need to do more to bring to book all those who are raping women and children. We certainly owe this to nine- month-old Tsepang who was mentioned a couple of days ago in our debate in this Chamber on the incidence of child rape across South Africa.

As we build our nation, let us emulate the early generations of our people. Wrongdoing of any kind must not be tolerated. The ANC continues to seek ways and means to unite our people, so that, as a united force, they can confront the many challenges we face at the present time. Indeed, if we are united in our diversity we can defeat the new enemies of our people, which are poverty, disease, crime and illiteracy. We believe it is possible to find each other and formulate a programme of nation-building, based on our common aspirations and willingness to serve our nation.

We believe we can achieve national consensus. Our view is that it is possible to build the South Africa that the Freedom Charter envisages. It was this ideal that influenced our former President Nelson Mandela to extend an invitation to the PAC to join the Government. The same ideal influenced him to invite other parties such as Azapo and fortunately Azapo’s leader is now part of the Government. Indeed, even the hon Tony Leon has been invited to serve. It was on the basis of this ideal that we are uniting all our people behind the national effort to establish, in this country, conditions for our people to get the better life that we talk about. [Applause.]

The goals of democracy, peace, prosperity and social progress that we pursue in the ANC are informed by our commitment to creating new conditions in our country, where every South African man, woman and child will be the beneficiaries of a life that would be better all round. This is the only way we can say, without any fear of contradiction, that we are treating all our people with consideration and care. We will remove any and every obstacle on our road to a better life for all. Our people have always shown commitment, loyalty, courage and resilience in the face of adversity. These things will not happen today or tomorrow, but will happen nonetheless as we gain more strength.

Our people are used to these struggles. Their combined strength defeated apartheid. Much has been achieved as we move closer to the fullfilment of our goals of true freedom and democracy and consideration and care for all our people. Admittedly, much still needs to be done before we can claim that our nation-building project enjoys overwhelming support. There are still many people who live in conditions of extreme poverty, who die from preventable diseases. There are many who have no homes to call their own and there are others who sleep in the streets. But the changes that are happening around them fire their hopes that their day will also come, when these rights will be theirs. Hope has become their weapon and their shield.

The ANC, I want to tell the hon Seremane, while leading the struggle for freedom in South Africa, also participated in the setting of the international agenda for freedom, democracy, peace and justice for all nations of the world. That is the reason, when he was asked to respond to the signing of the Atlantic Charter, Comrade Walter Sisulu said:

The ANC bases its programmes and actions not merely on the national but also on the international sphere, and the ANC is not merely a mouthpiece for the African people in South Africa, but also has a say in world affairs.

Concomitant with our programme to reconstruct and develop South Africa, we will also participate in the rebuilding of the African continent. That is the reason we have made a commitment to help take forward the peace processes in Burundi, Angola, the Democratic Republic of the Congo, Sudan and the Middle East. We believe that the people in these countries should be treated with consideration and care. In the Middle East, we would want to contribute to the establishment of a viable Palestinian state, and an Israeli state within secure boundaries.

The world’s children must grow up in conditions of peace and prosperity, of freedom and justice, and we must be part of those who will contribute constructively to the creation of those new circumstances. The problems of children, women and elderly people who are dying in the civil strife in Angola are our problems. The problems of the Barundi are ours. The problems elsewhere in the world, where death and destruction are happening, are our problems. As South Africans these include, of course, the problems of Zimbabwe. That is the reason we have been engaging with the people of Zimbabwe. We keep on telling members of this House that the one thing we will never do as the ANC is to impose on people conditions that are not discussed. We want to sit down and engage with people, as we are doing elsewhere in the world.

We are not imposing conditions in respect of the Middle East. our contribution there arises out of engagement with the people of the Middle East. This is what we do right through the world. We sit down and hold discussions with people. We are concerned about developments in Zimbabwe, and we have said all the time in this House that we are engaged in processes that seek to ensure a very amicable resolution of the problems in Zimbabwe. The technological advances the world makes, must not be used to cause death and destruction, but to advance the cause of humanity. The new knowledge that we acquire we must enspan to ensure that we no longer have areas in the world where people will sleep without food; where people will not have clothes; where people will be victims of diseases that are otherwise preventable; where people will not get education; where, in the end, we will have people who are no more than ordinary animals that walk our world. [Applause.]

The DEPUTY SPEAKER: Order! The hon Lowe will be making his maiden speech.

Mr C M LOWE: Madam Speaker, on this, the International Day for Tolerance, I am particularly privileged to address Parliament and to deliver my maiden speech on a subject that I so strongly identify with, and to formally and sincerely record my personal commitment, and that of the DA, to ensuring that tolerance, like truth, transparency and accountability, is forever held aloft, bringing hope to the millions of South Africans whose dreams and aspirations we all represent, and for whom we speak in this House.

Maiden speeches, I am reliably informed, are traditionally noncontroversial in both content and delivery, and made without the benefit of interjection or heckling from members. Not that I am any stranger to controversy or heckling, and those hon members who know me well will know that I can give just about as good as I get. But tempted as I am, it is not my intention to be controversial today, but I do wish to record that the scourge of intolerance, in all its ugly forms: political, religious, social and economic, is a direct and unacceptable assault on the very cornerstone of any democratic institution and one that must be faced down and overcome with every fibre of our being.

When I first entered public life, 13 years ago, as a new and somewhat nervous Durban city councillor, this country was at war. The infamous P W Botha presided over an imperial apartheid Republic, we lived under a state of emergency and my province of KwaZulu-Natal was a bloody battlefield. So much has changed since then, not least of all the miracle of peace in KwaZulu-Natal, a testimony to the extraordinary efforts and tolerance of political leadership in that province. But what has not changed one iota is my desire and that of my party to make a difference, a commitment to justice and freedom in a democratic country.

As I look back over those 13 years, I see how much tolerance has been displayed in bringing about the political, social and economic changes so necessary to our country, and how blessed we have been with leaders who transcended what many thought impossible and who, together, moulded a new beginning. I rejoice in our new democracy, the miracle of our Constitution and our rights and obligations as free citizens of a united and indivisible land.

It is an achievement that my predecessors in the liberal democratic movement - Jan Steytler, Colin Eglin, Helen Suzman, Boris Wilson, Zach de Beer, Ray Swart, Harry Pitman, Mollie Blackburn, Pat Poovalingham and Tiaan van der Merwe, to mention just a few - also substantially contributed to. It is an ideal that good men and women, from all corners and all backgrounds, fought and even died for. It is a foundation that we cherish and defend against all odds. There can be no going back.

The golden thread of tolerance is deeply woven into the fabric of our Constitution and its principles of individual liberty, a commitment to human rights, equality and the rule of law. It is one of the finest in the world, and many, many South Africans paid a terrible price to see it written. Too many paid with their lives. We thus have a special duty in this House to uphold the principles and values enshrined in our Constitution and to ensure that all South Africans demonstrate the tolerance required to see that the sacrifices of others were not in vain.

When asked what he thought the defining characteristic was that made an individual a liberal, Alan Paton, that great son of South Africa, replied that, in his opinion, it was a generosity of spirit. What we so desperately need in this Parliament and throughout this land is a greater generosity of spirit. And I believe it can be done. For I arrive in this Chamber, like my President and all hon members, an African - inextricably linked and committed to this dark and beautiful continent, this tragic and majestic land, and most especially the breathtaking beauty and aching potential of this country we all love and defend.

I arrive in the knowledge that despite the issues that sometimes divide us, there are far more things that unite us and that this House, when it wishes, can embody a generosity of spirit that quite literally reaches out and touches the lives of the very people who elected us here. I arrive determined to continue speaking my mind, without fear or favour, but having learned, in the hallowed and sometimes heated halls of the KwaZulu-Natal legislature, the need for tolerance and, some would even say, a little of the art of compromise. I have certainly learnt that whatever our arguments in this House, we all leave this Chamber together, custodians of our country, united by our very diversity, committed to lead, build, protect and defend her.

In thanking hon members for their tolerance this morning in listening to me, I leave them with the words of Thomas Jefferson, a liberal statesman, author of the Declaration of Independence and third President of the United States, his nation’s greatest champion of tolerance, of representative democracy and the rights of man, which I quote:

The art of governing consists simply of being honest, of exercising common sense, of following principle, and doing what is right and just.

What finer way to truly ensure nation-building, to ensure lasting peace and stability, than for this Parliament to embrace those wise words and for all of us, together, to commit ourselves to greater tolerance and to a generosity of spirit. [Applause.]

Mr J H VAN DER MERWE: Madam Speaker, it was interesting to listen to the previous speaker. It was interesting, because today’s debate is not a political debate, but it is based on issues of humanity. The IFP certainly welcomes this debate because tolerance materially affects the very cornerstone of nation-building, world peace and stability. It is therefore a much more important debate than meets the eye, because without tolerance there will be no hope for nation-building, world peace and stability.

Tolerance affects every human being - hon members and I personally see this every day in our deliberations, whether it is in our study groups, our caucuses or portfolio committees in the Houses, even today. But we also see, in our private lives, how plans fail because of intolerance; we see how people show little or no patience, how tempers flare, how marriages break up, how partnerships are dissolved and how court cases result, not so much because of issues of merit, but because of intolerance. We see areas of serious conflict all over the world - the Middle East, the Congo and elsewhere - where if one examines them closely, intolerance lies at the root of the problems.

In South Africa we are still grappling with nation-building and reconciliation. We are struggling to overcome many differences -differences because of the vast variety of human diversity. We suffer from many other problems such as poverty, crime, HIV/Aids and unemployment. We are therefore faced with a whole agenda full of critically important issues, many of which are just nation-building and the others that I have just mentioned. We therefore have to seek and identify instruments that we may use. I think the lesson for today lies in this. We have to seek and identify instruments that we may use, even as ordinary citizens - you and me - to address the challenges facing us.

The instrument that we are discussing today is the instrument of tolerance. There can be no doubt that should we all resolve and improve our level of intolerance, but seriously so, then half the battle would be won. We therefore call for a firm resolve by each and every member present here today - also by the citizens of our country and the citizens of the world - to give serious attention to systematically increasing their personal levels of tolerance, to ensure that we strengthen our tolerance. By doing so we will succeed in nation-building; we will succeed in achieving world peace; and we will succeed in getting world stability. [Applause.]

Ms F HAJAIG: Madam Speaker, hon members, tolerance as a pillar of nation- building, world peace and stability is the subject of today’s debate. What does all this mean? The very first paragraph in our Constitution underscores the system of tolerance when it says that our democratic state is founded on the following values:

(a) Human dignity, the achievement of equality and the advancement of human rights and freedoms.

(b) Non-racialism and non-sexism.

Our Bill of Rights aptly underlines the principle of tolerance. In section 15(1) it gives everyone the right to freedom of conscience, religion, thought, belief and opinion. It continues in sections 30 and 31 to give everyone cultural, religious and linguistic rights. These rights are doubly significant when we examine where we come from.

In South Africa our people suffered so much for so long under a system that classified everyone according to race, colour and ethnicity. The majority of the people of South Africa, both black and white, are developing the ideal of nonracialism in which race, colour and ethnicity are totally irrelevant.

The ideal of nonracialism in South Africa demands a social contract which will repudiate the politics of race and ethnic nationalism, and affirm a new-found ethic of building a better life for all our people, both black and white. The challenges of achieving the ideal of a nonracial, united South Africa are enormous. This entails dealing with stereotyping, social attitudes and economic inequities.

We should commit ourselves to working together for the healing and building of our nation. We should do all we can to put right the wrongs of the past by acknowledging our own contribution to that past, especially our indifference in the face of evil to stand for the truth. We should build bridges for those from whom we have been separated, deal with the prejudice in us which nurtures the stereotyping of other groups - ethnic rivalry, racism and more recently, xenophobia and Islamophobia.

The richness of our society lies not in our affluence, but in the integrity, compassion and the courage of our people. A new future for our country begins as each one takes responsibility for the wellbeing of our families, communities and those alienated from us. We have duties towards each other simply because we are human and by reason of our dignity. Our survival, as well as the common good of people as a whole, depends on this solidarity. Today I ask that we all commit ourselves to this responsibility of ubuntu, because we need to do so.

I would like to quote three of our leaders in this respect. Hon President Thabo Mbeki said at the beginning of Parliament on 25 June 1999: The promotion and protection of the cultural, linguistic and religious rights of all our people must occupy a central place in the work of the Government.

It should not happen that any one of us should feel a sense of alienation. Whatever the sicknesses of our society, none should be driven to levels of despair which drive them to a peripheral existence at the fringes of the mainstream.

We consider the work of restoring the pride and identity of all our people of vital importance to the task of advancing the human dignity of all our citizens and ensuring the success of our efforts towards national reconciliation and nation-building.

The hon Dr Mangosuthu Buthelezi said, also in 1999:

The conflict of the past will remain with us unless those who carry the responsibility of leadership have the courage to take extraordinary measures which bear testimony in a new spirit of goodwill which can percolate from the top, all the way down into our communities and into the hearts and minds of those who are still divided by hatred, ancient feuds and deep-seated rancour. I know deep down in my soul that this pain must now be left behind if we are to give our best contribution to building a new country.

The third contribution was by the hon Marthinus van Schalkwyk, who said, also in 1999:

When I call myself an Afrikaner, a South African and an African, I accept the history of all other South Africans as part of my own history. Sharpeville is part of my history that I cannot deny and run away from.

He continued:

Opposition can never be an end in itself. The objective of opposition should also be to build a better country. This is especially true in a country as diverse as South Africa.

In terms of world peace and stability, I wish to quote from the work of a great son of Africa, Oliver Tambo. He said in 1955:

The colonial peoples need liberation, freedom and independence. But we who fight for freedom, fight also for peace, so that our children may grow up in a world of prosperity and international friendship.

We need to examine this thing called terrorism, which has reared its ugly head on 11 September 2001 in the USA. No country is immune to any such attack. No one can condone such an attack. But what are the root causes of terrorist behaviour? Is it religious fundamentalism? Is it the oppressive behaviour of hegemonic, rich states over the developing nations? Is it the ever-growing chasm between the rich and the poor? Is it the rapid face of globalisation, which erodes the sovereignty of the nation states while still seeking mechanisms to ensure a fair deal in world trade and in the international economy?

The people who are responsible for the events of 11 September cite the following reasons for their actions: The lack of peace in the Middle East, the oppressive behaviour of Israel towards the Palestinian people, the intransigence of America, the lack of sanctions on Israel, who are permitted to inflict all manner of oppression on the people of Palestine. The Middle East is a strategic region of the world, owing to its oil resources. The continued volatility and instability in this region is not conducive to world peace and stability. Israel must accept and respect an independent Palestine with the right to return for Palestinian exiles. On the other hand, the right of Israel to exist must be respected by all. A speedy resolution to this conflict must be found.

Emanating from the events of 11 September, we see a small and poverty- ridden country such Afghanistan bombed and destroyed, its people scattered without food, shelter or dignity. Does anyone have the right to decimate a whole nation? The wars in the Middle East have fanned the fires of Islamaphobia. Are muslims responsible for acts of terrorism or are individuals of any creed - individuals with an agenda - responsible for the acts of terrorism?

A noted poet from the Middle East, Khalil Gibran, wrote in his work The Prophet, and I quote:

Is not religion all deeds and all reflection, and that which is neither deed nor reflection, but the wonder and a surprise ever springing in the soul even while hands hew the stone or tend the loom?

Who can separate his faith from his actions or his beliefs from his occupation. One’s daily life is one’s temple and one’s religion. Whenever one enters into it one should take along one’s all. One should take the plough, the forge, the mallet and the lute - the things one has fashioned for necessity or delight. For in reverie one cannot rise above one’s achievements, nor fall lower than one’s failures. And one should take along all men. For in adoration one cannot fly higher than their hopes, nor humble oneself lower than their despair.

We say to the Americans and to the world that in their fight against terrorism, they must seek the root causes of it. They must address these issues of despair in a responsible manner and make sure that indignities and injustices are removed, if they want to see a peaceful and stable world.

To us all in Africa I say, in the words of Rabinath Tagore, a distinguished Bengali poet:

Where the mind is without fear and the head is held high Where knowledge is free Where the world had not been broken up into fragments by narrow domestic walls Where words come from the depth of truth Where tireless striving stretches its arms towards perfection Where the clear stream of reason has not lost its way into the dreary desert sand of dead habit Where the mind is led forward by Thee into every widening thought and action Into the heaven of freedom My Father let my country awake!

[Applause.]

Mr R S SCHOEMAN: Madam Speaker, colleagues, at the outset I wish to associate the New NP with the expressions of sympathy to our parliamentary colleagues, Essop and Aziz Pahad, and their families in their time of great loss and sadness, with the passing of their father.

I also wish to congratulate the hon Mark Lowe on his maiden speech. He and I come from the great province of KwaZulu-Natal, arguably the greatest province in the country. [Interjections.] He brings much experience and expertise to this Chamber. He started young and has had experience at three levels of government and we wish him every success on an individual level in his career.

Although we are discussing the subject we are today in the context of the International Day for Tolerance, I will concentrate on the need for tolerance, specifically in our own South African context and directly in relation to the need for tolerance as a prerequisite for nation-building to succeed.

Perhaps at the outset we should remind ourselves of the synonyms of intolerance, and they are bigotry, discrimination, fanaticism, prejudice, racism and xenophobia, to mention but a few. But interestingly, a common denominator for all these negative phenomena is arrogance - an assumption of one’s own superiority and the inferiority of others; of one’s own rectitude and the lack of moral position on the part of others, of the indisputable validity of one’s own views and lack of respect for acknowledgement of any opposing view.

I would suggest that in the country of such political, religious and cultural diversity as South Africa, the combination of our diversity and our intolerance is a dangerous one, which poses a potentially lethal threat to our much-needed process of nation-building, to which the New NP has been and remains totally committed.

As South Africa moves to a new national agenda in which reconciliation and nation-building remain central elements, tolerance is not only essential, but must, I believe, be taken a step further. To tolerate the reality of diversity is important, but that is only one element of the solution. The second and equally important element that should go in tandem with tolerance is the need to accommodate diversity and to deal with it in such a way that no section of the population feels discriminated against or alienated.

The only way, I believe, that feelings of exclusion can be countered is inclusivity, decision-making and a participatory style in the conduct of the Government at all levels. In modern politics today much emphasis is placed, and rightly so, on the whole question of diversity and how it must be dealt with.

We should be reminded that our Constitution calls upon us to heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights. Our own official motto is ``Unity in Diversity’’, and that calls on all of us to be tolerant, to accept one another and to accept that we are made up of people or communities of very different cultures. Tolerance and co-operation, I believe, not confrontation, must be our guiding principle as we go into the future.

Die suksesvolste resep vir standhoudende nasiebou in Suid-Afrika is die erkenning van die diversiteit van ons land en sy mense; om nie alleen mekaar se andersheid te verdra nie, maar ook erkenning daaraan te gee en dit in ons besluitneming te akkommodeer. As dit die vertrekpunt is, sal dit moontlik wees om wel eenheid in ons verskeidenheid te hê, en dan sal dit nie net ‘n mooi konsep wees nie. (Translation of Afrikaans paragraph follows.)

[The most successful recipe for lasting nation-building in South Africa is the acknowledgment of the diversity of our country and its peoples; not only to accept one another’s difference, but also to give credence to it and to accommodate it in our decision-making. If this is the point of departure, it will be possible to have unity in our diversity and it will not be just a fine concept.]

Now is the time for a meeting of minds on the need for tolerance in our society, not only in words, but also in deed. Now is the time to put tolerance at the top of our national agenda and to take that message to every corner of our country when we leave this Chamber today. [Applause.]

Mr W G MAKANDA: Madam Speaker, I wish to convey our condolences to the Pahad family on the passing on of their dear father. I associate myself with the tributes paid to this great son of the soil for the sterling contribution he has made to the struggle in this country.

The world today lurches from one catastrophe to another. The pages of modern history are written in the blood and tears of millions of innocent victims of political conflict, ethnic cleansing, religious intolerance, fundamentalist terrorism, pogroms and endless internecine wars in Africa, the Balkans and elsewhere.

The discernible thread that stands out in all these conflicts is intolerance, where political groupings or governments endeavour to impose their will on others and disregard their dissenting voices. Fundamentalists unleash bloody purges on people they deem to be refusing to conform to their creed.

This is happening in northern Nigeria today. The Middle East is torn apart by a relentless conflict that has lasted for decades and has created a yawning chasm between Israel and Palestine and their respective support groups.

This regional antagonism is the source of an emerging Islamophobia and anti- Semitism and is setting the stage for another global polarisation. These sectoral animosities and their incidental physical conflicts have left a trail of blood, homelessness, wars, displacements, famine, disease and untold suffering on a scale that defies the imagination.

It is for this reason that the UN adopted the Declaration of Principles of Tolerance that gave tolerance an internationally accepted definition. It means respect, acceptance of and appreciation for the rich diversity of the world’s cultures, forms of expression and human identities. It is the result of knowledge, openness, communication, freedom of thought, conscience and belief. The quintessential quality of tolerance is harmony in diversity and the replacement of the culture of war by a culture of peace.

The scale of human suffering, as a result of the imposition of social, religious and political creeds on the peoples of the world by power-hungry psychopaths in the last century defies description and quantification. South Africa has endured her fair share of the tragedy and pain of racial bigotry, minority hegemony and intolerance. It is for this reason that South Africa, backed in her resolve by her rich diversity, is now a signatory to the Declaration of Principles of Tolerance.

Our ground-breaking and pioneering experience in reconciliation and endeavour at healing historical wounds has been instructive to the world and is a universally acclaimed precedent that has become a point of reference and a beacon of hope for future generations of the world community.

We focus our thoughts on advancing the cause of tolerance in modern society today at a time when the world has been plunged by recent events at the World Trade Centre and the Pentagon into the dark depths of despair, hatred and bloody regional conflict on a scale that could easily escalate into a global apocalypse.

Let us all embrace the Declaration of Principles of Tolerance and turn it into a powerful, material force that could reinforce the foundations on which to build accommodating, accepting and tolerant societies. [Applause.]

Mr L M GREEN: Madam Speaker, allow me to express the ACDP’s condolences to Ministers Aziz and Essop Pahad and their families on the loss of their father, Mr Pahad senior.

Tolerance is, and I quote: ``to endure phenomena which one does not agree with or which one does not find congenial.’’ A tolerant nation is not one which seeks to homogenise the world views of its people, nor should any government attempt to impose its world view on all its citizens.

I would like to examine tolerance as a pillar of nation-building closer to home, here at Parliament. In the National Assembly, the legislature, we are all part of the law-making process. In order to be effective in the law- making process, all political parties must be heard. The audi alteram partem rule must be applied. We understand that the audi alteram partem rule, as applied in our courts, is applied equally to all persons. No one is favoured, irrespective of status, wealth or size of influence. The emphasis is on allowing all parties in court to have adequate time to put their cases.

One would assume that a democratic institution, like our own Parliament, would create the space and the time to allow all political parties to articulate their views. But, this is not the case. If we carefully examine the allocation of debating time to, especially, the smaller opposition parties, we must admit that the allocation of one or two minutes to debate important legislation can be viewed as a form of censorship and intolerance.

The principle of proportionality is used as a yardstick to determine time allocation for parties in debates. When that is narrowly defined and applied, it results in a party receiving two minutes to question Ministers in respect of 33 budget Votes. One cannot hold the executive accountable if the allocation of time does not allow for that. It amounts to a form of intolerance.

This is a great paradox, when in an open, transparent, tolerant and democratic Parliament the practices and conventions of parliamentary Whips has the effect that smaller parties are effectively silenced.

I believe that this debate should be continued at the level of international organisations like the IPU and the CPA to determine what parliamentary practices, precedents and conventions are elsewhere in the world.

In conclusion, tolerance does not mean compromise. It is possible for us to tolerate each other without compromising our positions and our beliefs. [Applause.]

Dr C P MULDER: Madam Speaker, the ``Tolerance as a pillar of nation- building, world peace and stability’’, subject for discussion makes for an interesting thought process. The question is, why? Well, first of all, we all want world peace. Stability amongst states fosters world peace. To have this, one needs unique stability, obviously, within states; to have stability in states one needs happy and content nations; and to have happy nations, one needs tolerance. This is all true, but it is a bit more complicated, unfortunately, than I have mentioned.

How does one obtain stability in states, with happy nations and communities, especially in such diverse societies like those we have in South Africa? The subject suggests that the answer is tolerance. Well, maybe the answer is yes, but also no. If we are really serious, tolerance must then mean much more than just tolerance by allowing minorities the opportunity to put their views. Real tolerance also means tolerance and accommodation of those views, and not the attitude that we quite frequently get from the majority which says: be reasonable, see it our way.

The hon the Deputy Minister of Home Affairs today referred to the Xhosa meaning of tolerance when he said that it means to treat one another with consideration and to care for one another. How does one care for one another and also for minority communities if one does not accommodate their views and ideals?

The Minister also said that they do not want to impose when they talk and discuss with other people. I would like to suggest to the Government that that is a good policy. But, perhaps they should start at home, with their own communities and their own people in South Africa. If they do not have tolerance and do not accommodate tolerance, they will not have a happy nation and there may also not even be stability in the long term.

Verdraagsaamheid impliseer baie meer as om net te dink en ‘n paar mooi uitsprake te maak. Begin daarmee by die huis en akkommodeer die verskillende gemeenskappe in hierdie land, dan sal agb lede sukses hê. Daarsonder mag hulle probleme ondervind op die lang termyn. (Translation of Afrikaans paragraph follows.)

[Tolerance implies a lot more than merely thinking and uttering a few fine- sounding words. Start doing so at home and accommodate the various communities in this country, then hon members will be successful. Without that they may encounter problems in the long run.]

Mr P A GERBER: Madam Speaker, one hundred years ago, on 26 October, the leader of the Liberal Party in Britain, Sir Henry Campbell-Bannerman, was denounced as a traitor when he condemned the setting up of Boer concentration camps during the Anglo-Boer War in his speech, entitled ``Methods of barbarism’’. I would like to quote him:

We are not fighting with a foreign foe whom we are to thrash and overcome and vanquish and punish, and then abandon him and turn our backs upon him. These men are to be our neighbours - nay, they are to be our fellow citizens. Whatever be their faults, whatever be their offences in the present or in the past against us, if we are to stay in South Africa at all, they will be there; and not only so, but they are indistinguishable from the great majority of our own citizens …

That speech could have been made any time between 1948 and 1994 in South Africa. I say this because, in a way, we are world leaders when it comes to tolerance and nation-building. We have, indeed, showed democratic maturity in our own capacity for tolerance. However, our years of colonialism and apartheid have been highly successful in separating people and creating deep and abiding levels of intolerance. Therefore, it is understandable that the people will find the journey to tolerance to be a long one.

Die Afrikatradisie van verdraagsaamheid was van deurslaggewende belang in die sensitiewe onderhandelingstydperk. Die Afrikakultuur van vergifnis en warmte was een van die grootste faktore wat gehelp het om Suid-Afrika terug te plaas op die hoofpad na vryheid, geregtigheid en gelykheid.

Alhoewel ons lank reeds saam in dieselfde rye staan in die poskantoor, bank en supermark, het ons nog steeds diepgewortelde, verdraaide houdings en sienings van onsself en van mekaar en sal dit steeds hê. Dit is ‘n luukse wat ons nie langer kan bekostig nie. (Translation of Afrikaans paragraphs follows.)

[The African tradition of tolerance was of crucial importance in the sensitive negotiation period. The African culture of forgiveness and warmth was one of the biggest factors which helped to put South Africa back on the road to freedom, justice and equality.

Although we have for a long time now been standing in the same queues at the post office, bank and supermarket, we still have deep-rooted, distorted attitudes and views of ourselves and of each other and these will remain. This is a luxury which we can no longer afford.]

We cannot paralyse our nationhood by accusing each other of different levels of intolerance. We need to improve our tolerance together as patriotic Africans, not in a geographic sense but as an emerging consolidated nation. We should do it in such a manner that we do not reinvent whiteness or blackness. Reverse racism is just as vulgar as racism in itself. The time for a debate on white-on-white racism in this House is long overdue.

Ons moet onsself uitbreek uit die loopgrawe van onverdraagsaamheid. Elke dag sien ons voorbeelde hiervan. [We must dig ourselves out of the trenches of intolerance. We see examples of this every day.]

We must climb out of the trenches of intolerance. Every day we see examples of this.

Elke keer as ‘n swartman sonder ‘n Carducci-pak in die eersteklaswa van ‘n voorstedelike trein klim, wonder baie wit passasiers of hy nie dalk ‘n derdeklaskaartjie in sy sak het nie. [Every time a black man who is not wearing a Carducci suit gets into the first-class carriage of a suburban train, many white passengers wonder whether he does not possibly have a third-class ticket in his pocket.]

It is wrong. When I recently inspected the border post as an MP, I had a frozen reception until I showed the black official my ANC membership card. That attitude is wrong.

Verlede maand ry ‘n wit NG-predikant van Wellington in sy motor met die bruin bediende op die agterste sitplek. Dit is nie reg nie. [Last month a white Dutch Reformed Minister from Wellington was driving in his car with the coloured domestic worker in the back seat. That is not right.]

Tolerance is sabotaged when the national anthem is sung deliberately without the sections of ``Die Stem’’ in Afrikaans and English, and vice versa.

Verdraagsaamheid word getoets wanneer ons aan glasies mineraalwater teug terwyl miljoene mense nog nie lopende water in hul huise het nie. [Tolerance is tested when we sip glasses of mineral water while millions of people still do not have running water in their homes.]

Tolerance is undermined when unscrupulous businessmen, whiter than myself, claim to be black in order to jump the queue for profits.

Verdraagsaamheid word ondermyn as mense heeldag boere beswadder, en dit nogal met ‘n mond vol kos. [Tolerance is undermined when people constantly malign farmers, and that with a mouth full of food.]

Tolerance is tested when 30% of the pupils of a Model C school are black, but all the teachers are white.

Verdraagsaamheid word gesloop as ryk skole se kinders oorsee aan sportbyeenkomste gaan deelneem, terwyl sommige skole nog puttoilette gebruik of glad geen toilette het nie. [Tolerance is undermined when children from rich schools travel overseas to participate in sports meetings, while some schools still use pit latrines or have no toilets at all.]

It is sad that the sports field at the school near Newlands is made available for parking when rugby is played, but not when soccer is played.

Die feit dat die NG Kerk nog steeds Sondae in kleurkompartemente apart kerkdienste hou, doen ook nie veel vir nasiebou in Suid-Afrika nie. [The fact that the Durch Reformed Church still holds separate church services on Sundays in colour compartments, also does not do much for nation-building in South Africa.]

We must take great care that we do not implode into communes of intolerance. We cannot build tolerance if we accuse farmers of stealing the land when 90% of the farms are heavily bonded to our banks.

In die proses van nasiebou kan ons nie volledig na die armoedevraagstuk kyk sonder om ook raak te sien dat daar duisende arm blankes onder die derduisende ander arm mense is nie. [In the process of nation-building we can also not look at the issue of poverty comprehensively without also noticing that there are thousands of poor whites among the many thousands of other poor people.]

We should destruct intolerance in such a creative way that we become innovative in new methods and mechanisms to improve nation-building and tolerance. Having said that, there is high appreciation for the initiative of the Free State young farmers and ANCYL for their exploratory talks.

Die soldate vir verdraagsaamheid is byvoorbeeld die bruin kondukteur op die Metro-trein wat elke oggend die gestremde wit plaasarbeider by Dal Josafatstasie op die trein help en by die Paarl-stasie weer van die trein afhelp. [The soldiers of tolerance are, for example, the coloured conductor on the Metro train who helps the disabled white farmworker onto the train at Dal Josafat station and off the train at Paarl station.]

There are many more examples of nation-building. The joining, lately, of the Afrikaanse Sakekamer in Pretoria with their black business colleagues was courageous.

Tolerance is a state of mind, mind is a state of being, and being is incomplete without abundant tolerance. We cannot abuse our freedom in such a way as to neglect tolerance and nation-building. If the escalator to nation-building is broken, we will just have to use the stairs. We simply cannot afford to remain in the basement of a polarised society. Tolerance is not a light sentiment. It is and should continue to be our strength. As ons onverdraagsaamheid gewaar, vernietig dit, moenie eers wag totdat daar ‘n kommissie aangestel word om dit te ondersoek nie. As ons te lank in die vallei van onverdraagsaamheid vertoef, sal ons nooit oor die berg kan kom nie.

Ons mag teleurgesteld wees as ons faal, maar ons is verdoem as ons nie minstens probeer nie. Ons nalatenskap moet wees dat ons die toestand van dít wat ons in 1994 hier gekry het, verbeter het. (Translation of Afrikaans paragraphs follows.)

[If we see intolerance, destroy it, do not wait for a commission to be appointed to investigate it. If we stay in the valley of intolerance for too long, we will never be able to get over the mountain.

We may be disappointed when we fail, but we are doomed if we do not at least try. Our heritage must be that we have improved the situation of what we found here in 1994.]

We should strive to leave a legacy of tolerance in South Africa and the rest of Africa so that some day soon no country in Africa would have to depend on foreigners to observe, determine and monitor the transparency, tolerance and fairness of the process by which Africa chooses its leaders.

I want to conclude by quoting a statement by the former President, Nelson Mandela, at his inaugural address on 10 May 1994 in Johannesburg, and I quote:

The time for the healing of the wounds has come. The moment to bridge the chasms that divide us has come. The time to build is upon us. We have, at last, achieved our political emancipation. We pledge ourselves to liberate all our people from the continuing bondage of poverty, deprivation, suffering, gender and other discrimination.

We have work to do. [Applause.]

Mr P H K DITSHETELO: Madam Speaker, may I also express our condolences to the Pahad family on losing their beloved father.

It is beyond any reasonable doubt that in order to achieve world peace and stability, it is crucial that tolerance and understanding of our diversity should be promoted in any attempt to achieve the objective of nation- building. Tolerance as a pillar of nation-building, world peace and stability has to be vigorously promoted and practised by all who are committed to bringing about a nation that is free from any form of prejudice.

Nation-building is not an event, but a well thought-out approach to unite the nation on common threads that bind together its citizenry irrespective of cultural, political and religious backgrounds. Political systems that allow people to have different opinions and views without any fear of being penalised for holding such views which are considered to be contrary to the prevailing, established and dominant ones have the potential to accelerate nation-building.

The International Day of Tolerance symbolises a desire and an expressed need by the nation to embrace tolerance as we seek ways to avoid unnecessary wars brought about as a result of lack of understanding and acceptance of our background and practices that define the humility.

It is our uniqueness that completes our human nature. It is an open secret that some of the wars that our nations are engaged in are religiously and economically inspired. The reality is that we cannot wish away the existence of other religions and political systems, as practised by other nations.

We should know that intolerance breeds hatred, and hence the potential to lead to world instability with unthinkable consequences. Any initiative to world peace and stability has to be concentrated on fighting world poverty and promoting equal distribution of wealth. We should allow national imperatives to determine any country’s fate without any form of interference if we are to contribute to achieving the objectives of world peace and, indeed, stability.

Mrs P DE LILLE: Madam Speaker, I wish to join those colleagues who have spoken before me in extending sympathy to the Pahad brothers on the passing away of their father. May his soul rest in peace.

Most conflicts in the world come about because of intolerance. We are in a free world and every single person in this world is entitled to his or her opinion. The problem with intolerance sets in when people use their opinions to judge others. This leads to arrogance because they believe that they have the monopoly on ideas and theirs alone matters.

We must ask ourselves this question: What role should political institutions play in fostering tolerance? For example, Parliament as an institution where 13 political parties are represented must be a leading institution which promotes tolerance. The Constitution makes provision for representivity and proportionality. This principle must be respected.

Tolerance will provide the building blocks for peace and stability in the world and the resolution of conflict all over the world. The world must unite against terrorism, but the world must equally unite against injustices, because injustices breed intolerance.

Finally, the PAC wants to clarify a point that was made by the Deputy Minister of Home Affairs. The ANC did make an offer to the PAC, but I wish to state that this was never followed up with details, as we requested. Therefore, it is incorrect to say that we declined the offer.

Miss S RAJBALLY: Madam Speaker, at this stage, the MF also associates itself with the House in expressing its sincere condolences to the Deputy Minister of Foreign Affairs, Aziz Pahad, and his family on the loss of his father.

As people, we are expected to accept human tendencies and being who one is, but fail hopelessly in accepting differences. Glutony, vanity, sloth, lust and envy are biblically known as the seven deadly sins which easily tempt man into dreadful situations, as seen in the many intolerances expressed globally. I am not attempting to propose an excuse for the evils and horrors of the world, but rather to establish the tendencies we have that get us into this kind of mess in the first place.

South Africa has also been a victim of this. We have seen it in the years of colonialism. We have seen it in the apartheid era. Though currently under transition, we still see bits of it in the present South Africa. We had a change in policy. Our Bill of Rights certainly secures us from a return to those intolerances that have invaded so many persons’ rights to freedom and life as one people.

We have certainly come a long way. Our citizenry has accepted change gradually. We are proud to be the rainbow nation that we are. South Africa has come a long way, and our example of nation-building, unity and tolerance is certainly a model for nation-building, world peace and stability globally.

It should be emphasised, though, that this was and is by no means an easy task. It took a united effort to get us where we are. It has taken long hours of policy-making and approval to get us where we are. It has taken the ability to forgive to get us where we are. It takes a will to want such a change and the preparation to work together to correct the injustices of the past and institute policies to enhance our nation, both nationally and internationally.

The MF agrees that the way forward for all nations is to hold firmly onto the institution of tolerance as a pillar in nation-building, world peace and stability. [Applause.]

Mr C AUCAMP: Madam Speaker, intolerance is as old as humankind itself. The story is told about a boere dominee [minister of religion], some time after the Anglo-Boer War who, on receiving the news that Lord Kitchener had died, prayed and said: ``Lord, we have heard that You have called up Lord Kitchener for higher service and we want to humbly remind You that Lord Milner is still in our midst’’. [Laughter.] This is not so much an indication of tolerance but the point is that one should always make oneself tolerable.

Tolerance is necessary, but I am of the opinion that in a country such as South Africa, tolerance will only take us halfway. In essence, tolerance is but a negative concept. Tolerance itself assumes too much the character of a ceasefire. This is not what we need in our country, because, some day, or other tolerance will give way, and the lid will blow off under the pressure. What we need is understanding and compassion. What we need especially in a country as diverse as South Africa is the gift to view the sometimes hard realities of the day through the other person or group’s eyes.

Let us put on the other person’s glasses for a change and get a different perspective. What we also need is an accommodation of the diversity in our instruments of state. Let us do away with the stereotypes. Let us do away with generalisations, especially when individuals in a particular group make themselves intolerable. When an Afrikaner has a cough, it does not mean we all have pthysis.

Furthermore, one tolerates a nuisance and appreciates an asset. Let me state my case with an example of my own people. Afrikaners do not want to be tolerated, but want to be appreciated. We believe that we are an asset to this country, and we want to be like that more and more.

A last remark that I want to make is about religious tolerance, which is so critical in the whole world today. Religious tolerance does not mean religious relativism. It does not mean accepting the truth of another person’s religion, but accepting his right to practise that religion. That will bring us a lot further in this world.

Ms N E HANGANA: Madam Speaker and members of Parliament, our debate today seeks to engage us on a topic that, at this point in our lives, ought to be paramount amongst people and nations as our current daily experiences bring us to yet another vital chapter about the history of the world, people and politics.

The topic is about tolerance, primarily amongst ourselves as a people and as nations all over the world. In taking part in this debate, I thought it proper to focus my attention on the lessons that people of the world and some sectors of our society could learn. I am sure that hon members will agree that we have a lot of lessons to impart to the world on how to overcome hostilities and join hands in building what truly could be regarded as a nation. In my opinion, tolerance rests on principles, if not a collection of those. In a sense, it is a personal undertaking to be tolerant of others and, in return, others will desist from being hostile to one.

In the course of our struggle against racial oppression, people laid down their lives as a personal sacrifice to achieve what is rightfully theirs. A living example of tolerance and sacrifice is our very own former Pesident, the hon Nelson Mandela who, when faced with an uncertain term in jail, proclaimed and I quote:

During my lifetime, I have dedicated myself to this struggle of the African people. I have fought against white domination and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal which I hope to live for and achieve, but if needs be, it is an ideal for which I am prepared to die.

Our former President, together with many of our fallen heroes, imparted a great deal of wisdom and character to our struggle, led by the ANC. To put an end to nearly 300 years of racial inequality in our country, we were maimed and tortured. We persevered and remained true to a struggle that was not aimed at one race dominating the other. We lost many of our people, amongst them Chief Bambatha, Magogo, Makhado, Comrade King Dalindyebo, Comrade Luthuli, Tambo, MaNgoyi and many more before they could taste the fruits of democracy achieved through a great deal of their personal sacrifices.

Today we are taking part in this debate as a free people, elected to lead to a truly free country that respects the rights of all its citizens. This is the ideal that Comrade Mandela spoke of as accused number one during the Rivonia Trial. We share this hon House with people who, elsewhere, would have been rejected as being unfit for a democracy, let alone sitting and taking part in a democratically elected government.

We are leaders of a country that has come to terms with its past and as our President, Comrade Thabo Mbeki, put it, I quote,

We are a nation united in action for change.

We are people who have committed ourselves to making democracy work and to dealing with any traces of racism with rigour. Tolerance is undoubtedly one of our most important virtues and has made us overcome what people the world over thought would be impossible. The world wanted us to succeed. However, they braced themselves for the worst as the magnitude or culture of oppression was amongst the most brutal practice in the world.

We are currently experiencing, as a country, an interesting phase in the political sphere, especially in the Western Cape. We have read in the newspapers and listened to audiovisual news about many changes and shifts executed by Western Cape politicians. This important epoch in the political evolution can best be understood and appreciated by those of us who subscribe to progressive politics in this province, that former New NP politicians today find a place in the party of Helen Suzman.

Comrade President Thabo Mbeki and Chief Buthelezi testify to the culture of growing intolerance in this country. It is a province with people who have democratically expressed their wish to be part of a country that is building a nation. People of the Western Cape charge the ANC with the task of integrating them with the rest of the country and not for them to be seen as an extension of Europe or an extension of America.

Political opportunism, especially from those who saw or treated it as some kind of frontier for a narrow nationalist, even neoliberal politics, opposed the democratic decision. [Interjections.] I do not talk to the stupid. We do not need to abandon tolerance. [Interjections.] We stand by our principles and belief that, in this case, as elsewhere, evil will not triumph over good. A cookie from poorly kneaded dough is bound to crumble.

We welcome the political developments in the province and see them as a vital step by the New NP in breaking away from its past. They want to embrace a future. They want to join in building this democratic nation, and we welcome this. Surely, out of this, there will come important lessons of how, as a people, we can truly build a nation. [Interjections.] The individual, community, ethnic groups, racial groups, religious groups, and civil society, must mould a stronger, more tolerant nation. We must appreciate that we have achieved as it is appreciated and envied by many other nations. [Interjections.] Rene Dubois once said, and I quote:

Human diversity makes tolerance more than a virtue. It makes it a requirement for survival.

For those opponents of progress who might still have doubts better ask from a philosopher who once said, and I quote:

To ask is a moment’s shame. Not to ask is a lifelong shame.

We should also guard against some of the loose cannons in our country who are used as political condoms. These are parties that do not want to see stability in South Africa. They are the evil night owls scanning every little corner looking for some wrong that this country has done. We should look at their track records, and whether they have made any meaningful contribution towards the efforts of nation-building. Instead of building the nation, they are engaged in building their personal egos.

The ANC wants to give a word of warning by saying that those personal egos will take them nowhere. This country will continue to move forward. We shall continue to build this country with those who love democracy and will leave the behind like dead potatoes. [Applause.]

Debate concluded.

                    CONDOLENCES TO PAHAD BROTHERS

                           (Announcement)

The DEPUTY SPEAKER: Order! Hon members, before I go onto the next Order of the day, I would like to take this opportunity on behalf of the Office of the Speaker and, I believe, on behalf of all of us, as colleagues, to convey to the Pahad brothers, the hon Essop Pahad and the hon Aziz Pahad a message of sympathy and support during this difficult time for them.

If that is agreed to, then we will pass on to the next item on the Order Paper. I do not believe that this is a matter that needs debate.

    CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON JUSTICE AND
         CONSTITUTIONAL DEVELOPMENT - DESIGNATION OF IRELAND

Order disposed of without debate.

Report adopted.

CONSIDERATION OF THIRD REPORT OF STANDING COMMITTEE ON PUBLIC ACCOUNTS

Order disposed of without debate.

Report adopted.

CONSIDERATION OF FOURTH REPORT OF STANDING COMMITTEE ON PUBLIC ACCOUNTS Order disposed of without debate.

Report adopted.

CONSIDERATION OF FIFTH REPORT OF STANDING COMMITTEE ON PUBLIC ACCOUNTS

Order disposed of without debate.

Report adopted.

CONSIDERATION OF SIXTH REPORT OF STANDING COMMITTEE ON PUBLIC ACCOUNTS

Report adopted without debate.

Report adopted.

CONSIDERATION OF SEVENTH REPORT OF STANDING COMMITTEE ON PUBLIC ACCOUNTS

Order disposed of without debate.

Report adopted. CONSIDERATION OF EIGHTH REPORT OF STANDING COMMITTEE ON PUBLIC ACCOUNTS

Order disposed of without debate.

Report adopted.

CONSIDERATION OF NINTH REPORT OF STANDING COMMITTEE ON PUBLIC ACCOUNTS

Order disposed of without debate.

Report adopted.

CONSIDERATION OF TENTH REPORT OF STANDING COMMITTEE ON PUBLIC ACCOUNTS

Order disposed of without debate.

Report adopted (Democratic Party dissenting).

  CONSIDERATION OF REPORT OF STANDING COMMITTEE ON PRIVATE MEMBERS'
 LEGISLATIVE PROPOSALS AND SPECIAL PETITIONS - PROPOSED TRANSFER OF
                      CONVICTED PRISONERS BILL Order disposed of without debate.

Report adopted (Democratic Party dissenting).

  CONSIDERATION OF REPORT OF STANDING COMMITTEE ON PRIVATE MEMBERS'   LEGISLATIVE PROPOSALS AND SPECIAL PETITIONS - FUND FOR VICTIMS OF CRIMES
                                BILL

Order disposed of without debate.

Report adopted (Democratic Party dissenting).

  CONSIDERATION OF REPORT OF STANDING COMMITTEE ON PRIVATE MEMBERS'    LEGISLATIVE PROPOSALS AND SPECIAL PETITIONS - CORRUPTION AMENDMENT BILL

Order disposed of without debate.

Report adopted.

CONSIDERATION OF REPORT OF AD HOC COMMITTEE ON POWERS AND PRIVILEGES OF PARLIAMENT

Order disposed of without debate. Report adopted.

                         FAREWELL TO MEMBERS

The ACTING CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I am sure that 2001 is a year that will stand out in our memories. It has been a long and hard year. We have passed a huge amount of legislation. We have had one or two family problems, a long pregnancy around the arms report, an annulment of the unconsummated marriage of two parties who shall, for discretion’s sake, remain nameless. [Interjections.]

Let us, as we come to the end of the year, once again celebrate our democracy, celebrate that we have weathered these storms, celebrate that our state is strong, that our separation of the powers of the judiciary, the executive and the legislative arms are stronger than ever.

We must not let our ideological differences come too sharply between us. In any family, there are those who sit away from the fire and sulk, complaining, as they move further away, that they are cold and getting colder, but we all know that they are still part of the family. There are too few opportunities to acknowledge all those who make our path smoother, who assist us in fulfilling our mandate as elected representatives - the presiding officers who steer this unwieldy ship through stormy and often unchartered waters. This year has deepened our understanding of the role of the presiding officers. We also have the Secretariat and the Table staff, who toil so devotedly to ensure this ship continues to run. Without their guidance and assistance, our burden would be unbearable.

Then, of course, there are those who, while they did not always make our path smoother, sometimes placed unwelcome obstacles in our paths - the Whips of other parties. I must acknowledge that they are doing what they perceive to be their duty, misguided as I think one or two sometimes are. They have, most of the time, been reasonable and co-operative in allowing us to remove those obstacles.

Recognising that the smooth running of Parliament benefits us all, the Chief Whips’ Forum has been of major assistance in avoiding conflict. It helps us see others as humans and patriots. The challenge for the coming year is to establish protocols for the conduct of members, so that our behaviour reflects the stature of the House. The Whips of my own party have shown the maturity of their experience. We assure our erstwhile colleague, Jannie Momberg, that while Parliament still stands without him, we miss him much, and I am sure Mike Ellis does miss Jannie.

The chairpersons of committees have risen to the challenge of managing their committee work in a more coherent way. As we extend our oversight role in terms of the Public Finance Management Act, we can feel confident that we are ready to fulfil our role. I must give special thanks to the Leader of Government Business, Deputy President Zuma, whose leadership has made our work so much easier.

We have made great strides since 1994. Though we still lack support in many areas, our institution functions more efficiently. We are coming of age as a democratic Parliament, and for this we must express our gratitude, not only to the Speaker and the other presiding officers, but to all who work and make Parliament work, from the cleaners to the librarians, the researchers and the clinic, the political support staff and the service officers who work here with dedication and a love for democracy.

I must make special mention of the three former Chief Whips under whom I served. Each of them gave me added insight into and an understanding of the importance of the Whippery. Above all, we must thank the people of South Africa who sent us here to represent them, who, more and more, participate in the processes of Parliament, and truly make this a people’s Parliament.

As we leave for our constituencies and holidays, I implore all not to drink and drive, but to arrive alive. On behalf of the ANC here in Parliament, I wish all well over the fast, and all the best for the festive season. [Applause.]

Mr D H M GIBSON: Madam Speaker, I hope that it was as much of a pleasure and privilege to introduce me as it was to introduce the hon Acting Chief Whip.

It is always a pleasure taking part in this farewell debate, and I am always quite glad that we have managed to get here. This has been quite a tough year, and I must say that I anticipated previously that it was going to be a quiet and smooth year, because it was a post election period, and that we would be able to consolidate.

Instead of that, Parliament has had a torrid time and the parties have had drama, excitement, marriages, lovers’ tiffs and divorces. We even had some new engagements and, on the eve of the floor-crossing legislation, we have had a flurry of flirting going on. I do not know if members have seen it. [Laughter.] If the corridor gossip is to be believed, the newest romance has struck a rock or two. We can always hope. Can we not?

There is never a time when politics is dull, and this is because it happens here in this House. Those of us who have been here for quite a while remember a time when some of the most important politics in South Africa happened outside. It happened at Cosatu, Codesa, in the streets, and in the rural areas. Now this is the centre of political life, and that is as it should be.

Those of us who really care about Parliament, and there are people in all parties here who do, want to see Parliament strengthened. We want it to be and to become a real symbol of our democracy and something which the voters can be proud of.

Often we exchange hard words in the House. From time to time, speeches become heated and sometimes MPs say things that they do not really mean, or if they do mean them, would have been better left unsaid. Even I have occasionally become irritated in the House, sometimes with members and sometimes even with presiding officers. Unlikely as it may seem, even the Deputy Speaker and the Speaker might now and then become cross with me. [Interjections.]

The DEPUTY SPEAKER: Never!

Mr D H M GIBSON: Madam Speaker, I cannot imagine why, but then both of them are also human beings with feelings. [Laughter.]

I want to emphasise again what I have said in the past, and it is important that the people outside hear this: Democratic discourse demands plain speaking. Sometimes it produces high emotions, but MPs of different parties are not enemies. They are opponents. We all have friendships which stretch across party lines and warm feelings for people who are not in our party.

I want to thank the presiding officers and all of the parliamentary staff at every level, from the most senior to the newest and most junior, for all their hard work. They make our lives bearable here and enable Parliament to operate.

My gratitude goes to my own Whips for their splendid efforts and to the Whips of all other parties for their co-operation. I am pleased to acknowledge the fact that, under the hon Geoff Doidge and his colleagues, the hon Mr Nel and Mr Bhengu, the relationship between Government and opposition has been restored, and it is much better than it was a while ago.

We are privileged to serve in this House and if, during the time that we serve here, we are able to make a small contribution to the development of our country, to the upliftment of the poor and the disadvantaged, then we have really made a difference, and what we do and what we say are important. I regard it as a privilege to serve here, and I am always grateful to the voters who sent me here to enable me to serve, and I think that all of us are similarly grateful. [Applause.]

Mr J H VAN DER MERWE: Madam Speaker, Mr Mike Ellis asked me to say something nice about him. I will do so: Goodbye, Mike! [Laughter.]

I stand here today before this House as somebody who is extremely proud to be a member of this Parliament. In fact, every day, when we pray during the moment of silence, I silently thank God for allowing me, through His grace, to be here.

I am proud of the magnificent achievements of this Parliament and of its members. When we arrived here some seven and a half years ago, we were, with few exceptions, an inexperienced team - babies in the parliamentary bush without any previous parliamentary experience for our head of state, Ministers, presiding officers, Whips, and members.

Members will recall the graveyard predictions of the prophets of doom. They predicted that we would fail and that the country would soon be in chaos, but how magnificently have we survived our period of inexperience. How unbelievable today the professional performance of our Cabinet, presiding officers, Whips, and members. In fact, today, despite the prophecies of doom, our Parliament functions in accordance with the highest of international parliamentary standards, so much so that our Parliament is today looked upon as a leader by many other parliaments. It will, therefore, be appreciated when I say that I am extremely proud to be a member of this formidable Parliament and so should every one of us.

The IFP associates itself with the thanks expressed by other speakers. We also thank everyone who contributes to our being able to function here successfully and professionally. We wish all our colleagues and staff a Merry Christmas and a prosperous New Year.

Agb kollegas, wat sê ons vir mekaar wanneer ons groet? Sê ons maar net totsiens, of sê ons iets meer? Die Hollanders glo mens groet iemand nooit sonder om nie ook vir hom hoop te gee nie. As ons in die IVP dus vandag groet, wil ons almal hoop toebid; hoop dat dit met almal en hul dierbares goed sal gaan, hoop dat almal gelukkig en voorspoedig en gesond sal wees. Ons hoop dat die Here almal sal spaar en aanstaande jaar veilig sal terugbring. Ons hoop dat dit goed sal gaan met ons land en sy mense. (Translation of Afrikaans paragraph follows.) [Hon colleagues, what do we say to each other when we take our leave? Do we just simply say goodbye, or do we say a bit more? The Dutch believe that one should never take one’s leave of someone without also giving him hope. When we in the IFP therefore take our leave today, we want to pray for hope for everyone; hope that all will be well with everyone and their loved ones, hope that everyone will be happy, prosperous and healthy. We hope that the Lord will protect everyone and return them safely next year. We hope that all will be well with our country and its people.]

In conclusion, at the end of this month, I will be celebrating my 24th year of uninterrupted service as a member of Parliament. I aim to remain here for another 24 years … [Laughter] … which means that by then I would be about 100 years old.

Madam Speaker, just between you and me, and it is very confidential, I will be making a new year’s resolution this year which I want to share only with you, and that is that I pray that before I reach the age of 100, my leader’s Immigration Bill will be an Act of Parliament. [Laughter.] [Applause.] The SPEAKER: Order! Perhaps, at this point, in view of that last statement, I should extend my sympathy to whoever will be Speaker in the year when you turn 100, Kobus. [Laughter.]

Mr C H F GREYLING: Madam Speaker, at the end of the third session of the second democratic Parliament, it is my privilege to express some gratitude on behalf of my party and to wish everyone a good festive season and a pleasant recess.

During the past year there were many times of sharp debating and differences of opinion. However, there were also serious times, ceremonial times, but also very humorous times. During these times not only the members, but also a wide range of other people, performed very important roles.

Therefore, I firstly want to thank Madam Speaker for her sometimes difficult role. She not only has to maintain the dignity of the House, but also keep order in the House. I want to thank the Deputy Speaker, the Chairperson of Committees and the Deputy Chairperson of Committees for the roles they played. Dit is ook gepas om die agb Waarnemende Hoofsweep van die Meerderheidsparty, mnr Geoff Doidge, te bedank vir sy hantering van die Hoofswepeforum en ook sy bereidwilligheid om na verdienstelike standpunte te luister en ‘n oopdeurbeleid te volg. Hy moes ‘n baie warm stoel oorneem en dit is duidelik dat hy dit met bekwaamheid en waardigheid hanteer.

Teenoor die Hoofsweep van die Grootste Minderheidsparty wil ek ook graag my dank betuig. Ons het vir ‘n kort periode op ‘n ander terrein saamgewerk. Ek dink ek kan sonder vrees of teëspraak sê ons het wedersydse respek vir mekaar gehad en dat ons dit op ‘n persoonlike vriendskapsvlak sal voortsit.

Ek wil ook dankie sê aan al die ander swepe aan opposisiekant vir die samewerking in die forums waar ons moet saamwerk in belang van al die lede van die Parlement. ‘n Besondere woord van dank ook aan die Sekretaris van die Parlement, die Sekretaris van die Nasionale Vergadering, al die Tafelpersoneel, diensbeamptes, spysenieringspersoneel, veiligheidspersoneel en alle ander parlementêre personeel wat die Parlement se wiele geolie moet hou.

Ek wil ook die media bedank wat die taak het om oor die bedrywighede van die Huis en sy vele komitees te rapporteer. Hul besondere rol om die werksaamhede van die Parlement aan die gemeenskap daar buite oor te dra, word op prys gestel en waardeer. (Translation of Afrikaans paragraphs follows.)

[It will also be appropriate to thank the hon Acting Chief Whip of the Majority Party, Mr Geoff Doidge, for his handling of the Chief Whips’ Forum and his willingness to listen to deserving points of view and to follow an open door policy. He had to take over a very hot seat and it is quite clear that he handled it with competence and dignity.

I would also like to extend my gratitude to the Chief Whip of the Largest Minority Party. We worked together for a short time in another field. I think I can, without fear of contradiction, say that we had a mutual respect for one another and that we will continue it on a personal friendship level.

I also wish to thank all the other whips on the opposition side for the co- operation in the forums where we have to work together in the interest of all the members of Parliament. Also, a special word of thanks to the Secretary to Parliament, the Secretary of the National Assembly, all the Table personnel, service officers, catering staff, security personnel and all other parliamentary personnel who are responsible for keeping Parliament’s wheels oiled.

I also want to thank the media, whose task it is to report on the activities of the House and its multitude of committees. Their special role to convey the proceedings of Parliament to the community outside is appreciated.]

In conclusion, I want to wish everybody a very pleasant festive season and may the year 2002 be full of prosperity and happiness. I trust that all members will enjoy their holiday and that they will all return safely next year. [Applause.]

Mr C T FROLICK: Madam Speaker and hon members, the nature of our work could easily lead us to forget that we, as members of Parliament, are more than politicians and ideological opponents.

Firstly, we are South Africans and we are human beings. The upcoming reprieve from our parliamentary duties should afford all of us the opportunity to reaffirm our basic humanity and our common South Africanism. In the new year we should return to these Chambers not only as party- political representatives, but also tacitly aware that we are not, and should not be, any different from our fellow South Africans whom we represent in Parliament.

I humbly submit that during this time of the year, as we who are more fortunate in society, return to our loved ones and our homes, we also become aware of the many people in our society who will not have such an opportunity. We live in a society where a great many of our fellow South Africans are separated physically, economically and socially from their loved ones and homes.

At the same time let us also put forward the names of and keep in mind those colleagues who were with us at the beginning of this year and who were called to higher service. Although their places are empty they will remain firmly in our hearts.

I sincerely hope that all of us will return in the new year with a greater sense of urgency and a sharp awareness of what needs to be done to make South Africa a home for all South Africans. I would also like to extend a word of thanks to my fellow whips, to the presiding officers, to other members of Parliament and staff. It has indeed been an enriching experience. As each of us embark on our different journeys home, and join thousands of others on the road, let us heed the call to arrive alive and drive with courtesy and respect towards our fellow travellers.

The UDM extends its sincere wishes for a restful and invigorating recess to all our colleagues in the House.

Agb lede word ‘n geseënde Kesfees en ‘n voorspoedige Nuwejaar toegewens. [Applous.] [Hon members are wished a Merry Christmas and a prosperous New Year. [Applause.]]

Rev K R J MESHOE: Madam Speaker, firstly I want to thank the almighty God for His love and mercy that endure forever, and His grace that enables us to enjoy good health and have the energy to fulfil our tasks and functions in this Parliament.

Secondly, I want to thank all the presiding officers and hon members for the healthy working relationship that exists between us as hon members belonging to different political parties. I trust that we would all have a well deserved rest after a very hectic parliamentary session. May I also use this opportunity to wish all hon members of Parliament and their families a very peaceful and blessed Christmas and a prosperous New Year.

Before I pray for hon members of Parliament, I want to read two verses from the Book of Numbers, and that is verses 24 to 26:

May the Lord bless you and keep you. May the Lord make His face shine upon you, and be gracious unto you. May the Lord lift up His countenance upon you, and give you peace.

Shall we pray: Father, I want to thank you for this year that we had in this Parliament. Thank you for the grace that you have given us to do everything that we needed to do. We acknowledge you as the one that enabled us and helped us. We return to say thank you.

As we would be going to our different homes, I pray for travelling mercies. May your hand of protection and blessing be upon every member of Parliament. I pray for their families, and that they will enjoy and experience your love, compassion and salvation, especially throughout this festive season. I ask this in the name of Jesus Christ. Amen.

HON MEMBERS: Amen.

Rev K R J MESHOE: I wish every hon member a safe and prosperous journey back home.

Ek wil almal ‘n voorspoedige en veilige reis toewens. [I want to wish everyone a good and safe journey.] Le sepele gabotse. [Go well.] Vha tshimbile zwavhudi. [Go well.] Mi famba kahle. [Go well.] Le tsamaye sentle, bagaetsho. [Go well, hon members.] [Applause.]

Dr C P MULDER: Mevrou die Speaker, nóg ‘n politieke jaar in die Parlement is so pas verby, en watter soort jaar was dit nie gewees nie! Die politieke monster wat hier in die gange rondloop, het ook weer onder ons gevang, hoog en laag, sonder aansiens des persoons, en hy het ook sy oog op party van ons wat nog hier is. (Translation of Afrikaans paragraph follows.)

[Dr C P MULDER: Madam Speaker, yet another political year at Parliament is just behind us, and what kind of a year it has been! The political monster that moves about in the corridors here has once again claimed victims among us, high and low, without regard to persons, and it has its eye on some of us who are still here.]

We also saw a political divorce, a drama that made the soap opera Egoli look like an amateur production. It reminded me of that famous quote from the movie The War of the Roses where the attorney said to the client:``There is no such thing as a friendly divorce.’’

Dit is tyd om namens die VF dankie en totsiens te sê vir hierdie jaar aan elkeen wat hier teenwoordig is.

Ek wil begin deur dankie te sê aan die voorsittende beamptes, die Speaker, die Adjunkspeaker, die Voorsitter en die Adjunkvoorsitter van Komitees. Ek bedank ook die lede van die Suid-Afrikaanse Polisiediens wat elke dag op die terrein is, gesiens en ongesiens, en wat omsien na ons veiligheid. Ons neem nie eens partykeer kennis van die werk wat hulle doen nie.

Ek wil ook dankie sê aan die swepe van al die partye. Ek bedank die agb Waarnemende Hoofsweep van die Meerderheidsparty, maar ook die swepe van elke ander party in die Parlement vir die werksaamhede en hul samewerking. Ek bedank die pers, die media, en ek weet ek praat namens elke politikus in hierdie Huis as ek sê ons kan eintlik nie sonder hulle klaarkom nie, en miskien hulle ook nie sonder ons nie!

Ek wil ook baie dankie sê aan die diensbeamptes, die administrasie van die Parlement, die Tafelpersoneel, die spysenieringsafdeling, en aan elkeen wat help om dit hier vir ons meer aangenaam en lekker te maak. Ek weet ek praat namens die hele Parlement wanneer ek hulle bedank.

Laastens, van die VF se kant, wil ek dankie sê aan elke lid van die Parlement. (Translation of Afrikaans paragraphs follows.)

[On behalf of the FF, the time has come to greet and thank everyone present for this year.

I want to start by thanking the presiding officers, the Speaker, the Deputy Speaker, the Chairperson and the Deputy Chairperson of Committees. I also thank the members of the South African Police Service who are on the premises every day, seen and unseen, and who take care of our safety. At times we do not even take note of the task they are performing.

I also want to thank the Whips of all parties. I thank the hon Acting Chief Whip of the Majority Party, but also the Whips of every other party in Parliament, for the proceedings and their co-operation. I thank the press, the media, and I know I speak on behalf of every politician in this House when I say that we actually cannot function without them, and maybe they cannot function without us either!

I also want to thank the service officers, the administration of Parliament, the Table staff, the catering section, and everyone who helps to make our stay here more pleasant and enjoyable. I know I speak on behalf of Parliament as a whole when I thank them.

Finally, on behalf of the FF, I want to thank each member of Parliament.]

We say thank you to each and every member of Parliament. We thank them for their co-operation and kindness.

Ons wil elkeen ‘n heerlike rustyd toewens en ‘n baie Geseënde Kersfees. [Applous.] [We wish everyone a delightful period of rest and a very Merry Christmas. [Applause.]]

Mr I S MFUNDISI: Madam Speaker and colleagues, again it is that time of the year when everybody will be going home to be with family and in familiar surroundings. We all look forward to that.

This has been a very demanding year, especially for my party, because we had to do with two thirds of the party’s strength owing to the indisposition of our colleague, hon Baloi, who is slowly recuperating at his home in Vryburg. The Lord has, however, been good to us as we have survived and now look forward to our constituency work.

We thank the staff, from the Secretary to the last cleaner, for all the hard work they put into making Parliament work. I wish to express my sincerest gratitude to colleagues in this House, chairpersons of committees we serve in, who show so much understanding if one does not make it to a meeting owing to a clash or other commitments.

I am also indebted to the Whips - fellows who work backstage and see to the smooth running of sessions in this House. We hope that in future the affable Koos will have empathy and compassion for the other eight parties.

Many thanks go to the Speaker for her authoritative disposition, the Deputy Speaker for her calmness, the Chairperson of Committees for his friendly disposition and to the Deputy Chairperson, our own Aristotle. One marvels at their nerves of steel in handling the heated discourses in this House at times.

We part today full of life and great expectations for the coming festive season. May we all hasten slowly on the roads and arrive alive. May God be with all of us, till we meet again, and may His counsellors abide with us.

Ga go na pelaelo ya gore re makopanelathapong. Le gale, re kgona go tshela mmogo ka go itshokelana e bile re amogela gore dikgomo go tlhabana tsa lesaka. A re yeng magaeng, re gakologelwe gore go ya ka magoro ga se go tswana. Re eleletsa maloko a a tlotlegang katlego, masego le nala mo boitapolosong jwa bona. A re kopaneng isago, re le mafolofolo, go kampana le mabaka a setšhaba. Pula! (Translation of Setswana paragraph follows.)

[There is no doubt that all of us here have a common purpose. But we have to be tolerant of each other, accepting the fact that there are differences among people who live together. We will all be going to our respective homes, but out of sight is not out of mind. We wish all hon members well during their holidays. Let us meet next year with renewed strength, to be able to deal with national issues. Good wishes!]

Mrs P DE LILLE: Madam Speaker, we have come to the end of a long year. We have achieved a lot, and we still have a lot more to do. I wish to thank the presiding officers and the Chief Whip of the Majority Party for their guidance and assistance.

I just want to raise one specific outstanding issue - I direct this to Mr Koos Van der Merwe - and that is the issue of the travel formula. Unfortunately, the Chief Whips’ Forum has nominated Mr Van der Merwe to chair the task team, and he has a belief that goes: Join Parliament and see the world.'' That is the reason we have not been able to find a proper formula. [Laughter.] He only taught us three phrases, namelyset in stone, set in iron and set in steel’’. At the end of the day it meant nothing, because Mr Van der Merwe had only the capacity to count up to 11. So I hope that when Mr Van der Merwe has his Christmas dinner, he will think about his outstanding work and come back to Parliament with a workable formula.

For those political parties that have to wait until next year before they can jump into bed with one another, I wish that they would also just take the precautions that they normally do when they jump into bed, that they will be covered and protected. [Laughter.] And we wish them well on their future marriage.

For those members who have to travel to destinations away from Cape Town, I wish them safe travel, a happy Christmas and a prosperous New Year. [Applause.]

Dr A I VAN NIEKERK: Madam Speaker, when one is standing at the end of a queue, there is not much that one can say, except to thank the presiding officers, including you, Madam Speaker, for what you have done together with the Whips, especially the Whips who have been shunting us around. But we have survived. I thank them for that. [Interjections.]

I think that … [Interjections] … Yes, I am a Whip … [Laughter] … and I have a good caucus too. My caucus might expect some people to join me if everything goes well, but anyway, that could disrupt my caucus in a sense. I think that Parliament is getting its job done in its own way.

Die Parlement begin sy eie stempel afdruk. Die nuwe Parlement van Suid- Afrika word ‘n kernpunt van die Suid-Afrikaanse politiek. Dit is lekker om deel te wees van só ‘n gesprek. Dit is goed dat ons ons verskillende standpunte met mekaar deel. Só kry ons begrip vir mekaar. Ek wil almal bedank wat bygedra het tot die sukses hiervan.

Die mense wat die meeste vergeet word, is dié wat vir my die meeste beteken. Elke dag is minstens een glas water na my bank gebring. Ek wil graag baie dankie sê vir al dié moeite.

Mag ons ‘n Geseënde Kersfees en ‘n voorspoedige Nuwejaar ontvang. [Applous.] (Translation of Afrikaans paragraphs follows.)

[Parliament is starting to leave its mark. The new Parliament of South Africa is becoming a key area in South African politics. It is enjoyable to be part of such a discussion. It is a good thing for us to share our different viewpoints with one another. In this way we are learning to understand one another. I want to thank everyone who contributed to this success.

The people who are most frequently forgotten, are ones who mean the most to me. Every day at least one glass of water is brought to my desk. I would like to say thank you very much to the people who take all this trouble.

May we have a Merry Christmas and a prosperous New Year. [Applause.]]

Miss S RAJBALLY: Madam Speaker, yes I think that the DP especially will be very happy that this is my last appearance this year on this podium. [Interjections.]

It is amazing how fast the year has gone by, but I am glad that it has done so constructively. It has been characterised by long working hours, like yesterday, and the pressures have been intense on everyone. I would like to kindly take this opportunity to thank the staff of Parliament and all those who have sacrificed, endured and took part effectively in attaining our objectives.

I thank the research department for their ready assistance and their comprehension, which contributed greatly to the proper formulation of and criticisms accorded the policies put in place. I kindly wish the department well for the forthcoming year, letting them know that their contribution does not go unnoticed.

The MF would like to thank and wish all parties well. May we return to the new year of challenges in the best of strength, ability and togetherness, to work towards the improvement of the lives of our people in our country.

Many thanks and good wishes also to members of Parliament, the Speaker, the Deputy Speaker, the Ministers and their Deputies, Chairpersons and their Deputies and the Presidency, not forgetting all our staff who have rendered assistance throughout the year. I wish them all well for the holidays and festive season, and kindly hope that we shall return fresh to face the challenges of another year. And I cannot conclude without thanking and wishing well the South African citizenry who we are here to serve, and to thank God for having given us light when it was dark.

To the Speaker and her Deputy, may I, at this stage, call them to order and tell them to have a good rest. I wish all members a safe and good holiday. [Applause.]

Mr C AUCAMP: Madam Speaker, thank you for affording me the last word in Parliament for 2001. Parliament is a very strange place. At the start of each year’s proceedings one thinks: How on earth am I going to struggle through all these sessions? Yet when the proceedings of the year come to an end, like today, it is with a sense of nostalgia that one says goodbye.

We had some vigorous debates. We stand on the brink of a hot and hectic time of political reshuffling, floor-crossing and defections, but today is a day for a little ceasefire. Talking about defections, I am afraid that after the window period, my caucus will not be so unanimous any more. [Laughter.]

On behalf of the AEB I want to thank everyone who made a contribution to the functioning of Parliament this year: To you, Madam Speaker, the Deputy Speaker and the co-chairs for the dignified way in which you directed proceedings in this House; all the personnel, from the safety personnel to the administrative ones, from whom we have always received friendly service and assistance; the Acting Chief Whip, Mr Doidge, and, in his absence, the previous Chief Whip, Mr Yengeni, and all the other Whips. I also wish to thank each and every member for their conduct outside this House.

When Madam Speaker asked for goodbye speeches two years ago, she might remember that during my goodbye speech I gave a CD to every party in this House. I thought I must disappoint hon members this year. As rookie members of Parliament have received no salary increase yet, I will not be in a position to do so this time. [Laughter.] [Applause.] However, if one cannot buy one’s music, one has to make one’s own music. Therefore, today I decided to pick some members for Parliament’s own band.

Of course, you, Madam Speaker, will be the conductor, the Deputy President … wel, die ANC slaan die kitaar … [well, the ANC calls the shots] … and we give the hon Tony Leon the drums, because the DP makes the most noise. [Laughter.] The hon Marthinus will play the violin, because the New NP is going to play second fiddle in the new alliance, again. [Laughter.] Dr Pieter Mulder will join in with a boere-konsertina (accordion), wat die Oranjerivier settees speel [playing music]. [Laughter.]

Mr Buthelelezi will give the beat of the knopkierie [knobkerrie] on the skildvel [shield] … [Laughter] … and the hon Patricia de Lille, of course, will blow the whistle. [Laughter.] The vocalist will be the man with the biggest mouth in Parliament, and that, of course, is the hon Dennis Bloem. [Laughter.]

If anyone does not perform up to standard, we will have some trouble because the hon Louis Luyt is no longer here to send him a fax. I suggest that the band starts practising during the recess because there seem to be a lot of members in this House who want to play musical chairs when we come back.

I wish every member of Parliament a peaceful and enriching festive season, and a pleasant and, in some instances, a well-deserved holiday. [Applause.]

The SPEAKER: Order! I am afraid that I am going to have to disappoint Mr Aucamp, because he does not get the last word! [Laughter.]

Hon members, when we come back we will be in the eighth year of a democratic Parliament. I think every one of us - MPs and political parties

• need to look back as well as forward. Today of all days we have to look at how we have conducted ourselves and how we have behaved and interacted with each other. Did we indicate a spirit of tolerance? Did we extend the spirit of tolerance? Did we show respect for different points of views, or was the concern mainly to shout each other down and make sure that our own views are heard? I am afraid very often our own views are also drowned out in the noise we create. We need to ponder on these matters. Reference was made to a cease-fire. We need to work towards an armistice rather than a cease-fire, with occasional breaches of the armistice.

The International Day of Tolerance was supposed to be an annual occasion, when we reflect and take stock of the extent to which a culture of tolerance has been manifested in the societies in which we live. This is very, very important for Parliament - not just on this day - because just as biodiversity is a sustainable necessity for our natural environment, so important is diversity of thought and speech for the sustainability of our democratic society. As the custodians of our democracy we, as parliamentarians, are duty-bound to create a culture of tolerance through our words, actions and deeds.

Recent incidents of xenophobia internationally - but more alarmingly locally - should serve as a call to action for us as parliamentarians. Not so long ago, all parties in this House proclaimed support for an ideal of African unity. But that is going to be a dead letter if we set a national tone for intolerance and we do not improve tolerance among ourselves and in our communities to which we are now returning.

I would like to thank the many people who have made this institution function this year and continuously over the past eight years - and, we hope, in the future. First of all, to the Secretary and the entire administrative staff of Parliament, the management board and every member of the staff who have functioned in their particular ways to ensure that we can be here, we can function, and we can go back; to the Table staff for ensuring that our debates proceed sincerely, that they are prepared for and that they proceed with a minimum of disruption in terms of support; to the Chamber staff, who have not only provided water and prepared the Chamber, but also ensured that whatever we needed, every time we raised our hands, they would carry notes, provide notepaper, carry messages and perform a lot of other functions. Sometimes I even see them doing some shopping for members. I am not sure if that is permitted, but I nonetheless observed this and have not said anything more about it. To the security staff of Parliament, the SA Police Services and the other protection units who have assisted us in providing the environment in which we can function.

Of course, not least, to all members here. Whatever we have said of each other, by and large we get along with each other. People often ask: How do you manage that? I tell them that we have not killed each other and that I do not think we have the intention to do so. We manage to get along with each other. And, of course, thank you to the Whips, who managed to function within the parties, control members and also control relationships between parties.

There were references made to marriages and so on. I just want to draw your attention to the fact that we are 13 parties. This is supposed to be an unlucky number, but it has been a good number for us - 13 parties, albeit of different sizes, but we have managed. I hope we will not diminish in number. It might make Parliament manageable. But when I was looking around I thought no, I do not think I want any of them to disappear from Parliament because everyone has made a contribution. So, I hope we keep that spirit as we go away and when we come back again.

Last but not least, my thanks have to go to the parliamentary office bearers - to the Chairperson of Committees and his Deputy, who is going to assume more and more onerous duties in the new year, but is going to have to work during the recess as well, together with the committees that will be meeting. They keep a very somber look, but we can see the smiles coming out on both their faces. To the ever-supportive Deputy Speaker, who continues to give support not just to me, but also to the members of Parliament whenever called upon to do so. So, my deep appreciation to them for having kept this institution going.

I think it is very significant that Parliament goes into recess at the same time that the diverse religious communities in our country enter festivals of reflection and of dedication - Ramadan, Diwali, Chanukah, Christmas and, of course, for all of us, a New Year. So, I wish members happy festivity, dedication, reflection, but also a renewed spirit which you will gain because you will have time to enjoy yourselves as well as reflect. So it is an opportunity to be with your dear ones. I wish you well. Enjoy yourselves. It is not all hard work.

I intend to take the good advice given by one of the members that we as presiding officers should have some rest and come back renewed and reinvigorated. Go well, as you go back to your homes and to your communities. I thank you all. [Applause.]

The House adjourned at 12:10. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

ANNOUNCEMENTS:

National Assembly and National Council of Provinces:

1. The Speaker and the Chairperson:

 (1)    The Portfolio Committee on Justice and Constitutional
     Development (National Assembly) published a draft Loss or
     Retention of Membership of National and Provincial Legislatures
     Bill, 2001, in Government Gazette No 22835 on 16 November 2001.
     The draft Bill was published in accordance with National Assembly
     Rule 241, read with Rule 239, after the Assembly, on 13 November
     2001, had given permission in terms of Rule 239 to the Committee
     to proceed with the draft Bill. In the notice in the Gazette,
     interested persons and institutions were invited to submit written
     comments on the draft Bill before 11 January 2002. A copy of the
     Bill can also be found on the website of the Parliamentary
     Monitoring Group at "http://www.pmg.org.za".

National Assembly

1. The Speaker:

 Bills passed by National Assembly on 16 November 2001: To be submitted
 to President of the Republic for assent:


 (i)    Unemployment Insurance Bill [B 3D - 2001] (National Assembly -
       sec 75).


 (ii)   Telecommunications Amendment Bill [B 65D - 2001] (National
       Assembly - sec 75).


 (iii)  Pension Funds Second Amendment Bill [B 41D - 2001] (National
       Assembly - sec 75).

TABLINGS:

National Assembly and National Council of Provinces:

Papers:

1. The Minister of Arts, Culture, Science and Technology: Report and Financial Statements of the South African Blind Workers Organisation for 2000-2001.

2. The Minister of Communications:

Report and Financial Statements of Sentech for 2000-01.

National Assembly:

1. The Minister for Agriculture and Land Affairs:

 Written explanation, dated 15 November 2001, from the Minister for
 Agriculture and Land Affairs in terms of section 65(2)(a) of the Public
 Finance Management Act, 1999 (Act No 1 of 1999), setting out reasons
 why the department could not table its Annual Report and Financial
 Statements for 2000-2001 in time:


 Dear Dr Ginwala


 The Department of Land Affairs, in terms of section 40(1)(d) of the
 Public Finance Management Act (PFMA), is required to table an Annual
 Report on activities of the Department, within a specific timeframe.
 Also in terms of section 65(2)(a) of the PFMA, reasons must be tabled
 in the legislature as to why the Annual Report was not tabled in time.
 The Director-General of the Department of Land Affairs, Dr G P Mayende,
 on the 7th of July 2001, wrote a letter to his counterpart in National
 Treasury, therein requesting the extension of the tabling of the Annual
 Report. As well as giving reasons for the delay in the tabling of the
 Annual Report.


 The delay for the tabling of the report is due to the new reporting
 framework, resulting in some of the inputs being delayed and as a
 result the Department could not meet the deadline.


 I thus wish to table in Parliament this explanation as to why the
 Department of Land Affairs' Annual Report was not tabled on time, in
 the legislature. The Annual Report is however ready for tabling and
 will be forwarded to Parliament in due course.


 Kind regards


 AT DIDIZA