National Council of Provinces - 27 February 2001
TUESDAY, 27 FEBRUARY 2001 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 14:02.
The Deputy Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
WELCOMING OF MEMBERS
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! This is our first sitting since we adjourned last year, and I therefore wish to take this opportunity to welcome all members back to Cape Town. I hope they had a very good rest and are bringing their revitalised energy to this House and their work for this House.
NEW MEMBER
(Announcement)
The Deputy Chairperson announced that the vacancy caused by the resignation of Mr P G Qokweni had been filled by the appointment of Mr H T Sogoni with effect from 19 December 2000.
The member had made and subscribed the oath in the office of the Chairperson.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Welcome to this House, Mr Sogoni. I hope you will enjoy your membership of this House. [Applause.]
NOTICES OF MOTION
Mnr C ACKERMANN: Voorsitter, ek gee kennis dat ek by die volgende sitting sal voorstel:
Dat die Raad by wyse van onderhandeling met Salga die Unistad- burgemeesters van Suid-Afrika by ‘n spesiale debat of andersins sal laat optree en rede voer. (Translation of Afrikaans notice of motion follows.)
[Mr C ACKERMANN: Chairperson, I give notice that on the next sitting day I shall move:
That the Council, through negotiation with Salga, will allow the Unicity mayors of South Africa to take part and speak in a special debate or in something similar.]
Mr K D S DURR: Chairperson, I give notice that I shall move on the next sitting day:
That the Council, in the light of the further relaxation of exchange control as announced in the Budget Speech, and given South Africa’s history, calls upon the Minister of Finance to introduce an amnesty on South Africans holding undisclosed assets abroad, provided that -
(1) the disclosure is made to the SARS within two years and that any income derived therefrom will become subject to normal standard tax treatment in South Africa in subsequent tax years;
(2) any disclosure would be made to the SARS and would be confidential and guaranteed free of any prosecution whatsoever; (3) the persons, companies and professional advisers concerned would also be free of any retribution or prosecution; and
(4) any amounts disclosed would not become subject to back taxes, uncollected in the past, and that the taxpayers’ assets would be reinstated de novo without fear of any legal retribution, now or in the future.
Moruti M CHABAKU: Monnasetilo, ke itsise gore kwa kopanong e e latelang ya Ntlo eno ke tlaa tshikinya gore:
Khansele e tlotlomatse Puso ya Aforika Borwa go bo e amogetse Khuduthamaga ya nama-o-tshwere ya Dingaka tsa Setso, eo e tsileng go nna le maemo a a tshwanang le a khuduthamaga ya Khansele ya Diporofesene tsa Boitekanelo kgotsa Health Professions Council. (Translation of Sotho notice of motion follows.)
[Rev M CHABAKU: Chairperson, I hereby give notice that on the next sitting day of the House I shall move:
That the Council commends the South African Government for recognising the interim Council of Traditional Healers, which will have the same status as the Health Professions Council.]
ATTACK ON HOUSE OF DA MEMBER
(Draft Resolution)
Mnr C ACKERMANN: Voorsitter, ek stel voor sonder kennisgewing:
Dat die Raad -
(1) met misnoeë kennis neem van ‘n aanval met bottels en ander voorwerpe gisteraand op die huis van die DA-raadslid in Wyk 21, beter bekend as Bellville-Suid;
(2) ‘n beroep doen op intimideerders en aanvallers om politieke verdraagsaamheid en verantwoordelikheid aan die dag te lê; en
(3) ‘n beroep op die polisie doen om sulke voorvalle van politieke intimidasie dringend te ondersoek en verdagtes aan die kaak te stel. (Translation of Afrikaans notice of motion follows.) [Mr C ACKERMANN: Chairperson, I move without notice:
That the Council -
(1) notes with dissatisfaction the attack last night with bottles and other objects on the house of the DA councillor in Ward 21, better known as Bellville South;
(2) calls on the intimidators and attackers to display political tolerance and responsibility; and
(3) calls on the police to investigate as a matter of urgency such incidents of political intimidation and to expose the suspects.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Is there any objection to the motion?
Mr M V MOOSA: Yes, Chairperson.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! There is an objection, and therefore the motion may not be proceeded with. The motion without notice will now become notice of a motion.
MOTION OF CONDOLENCE
(The late Sir Donald Bradman)
Mr Z S KOLWENI: Chairperson, I move without notice:
That the Council -
(1) notes with sadness the untimely death of Sir Donald Bradman, who died in his sleep on Sunday morning after suffering from pneumonia for a short time;
(2) notes that the passing away of Donald Bradman marked the loss of not only Australia’s most revered sporting figure, but also the greatest batsman in test cricket history;
(3) recognises his spirit of fair play, which was even noted by our former President, Mr Nelson Mandela; and
(4) offers its heartfelt condolences to the family and friends of Don and reassures them that not only Australia has lost, but the whole world.
Motion agreed to in accordance with section 65 of the Constitution.
CONGRATULATIONS TO MINISTER OF FINANCE
(Draft Resolution)
Mrs E N LUBIDLA: Chairperson, I move without notice:
That the Council -
(1) salutes the efforts taken by our Minister of Finance, Trevor Manuel, in his Budget Speech that bring hope to the poor and the jobless;
(2) recognises that the Minister has given billions of rands to the poor and to middle-income earners in his ambitious Budget, designed to kickstart the rural economy and create much-needed jobs;
(3) takes note of the fact that the Minister has thoroughly applied his mind to his work, which resulted in the economy growing by 3%, which is the fastest rate of growth since 1996; and
(4) recognises the fact that our country needs people such as Comrade Trevor to take our country forward.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Is there any objection to the motion?
Mr C ACKERMANN: Yes, Chairperson.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Because of the objection, the motion may not be proceeded with. The motion without notice will now become notice of a motion.
EXCLUSION OF RHODA KADALIE FROM CANDIDATES’ LIST FOR COMMISSION FOR GENDER EQUALITY
(Draft Resolution)
Ms C S BOTHA: Chairperson, I move without notice: That the Council -
(1) deplores the deletion of the name of Ms Rhoda Kadalie from the candidates’ list during the shortlisting of names for the Commission for Gender Equality, in the light of her remarkable and unblemished record as activist in the field of gender and human rights;
(2) considers this deletion reason to place a huge question mark over the constitutional insight and purpose expressed by those members of the Ad Hoc Committee on Filling Vacancies in the Commission for Gender Equality who voted against her inclusion; and
(3) moreover considers this to be a backward step in our purported commitment to furthering women’s rights, which are, after all, human rights, and in the end should neither be subject, nor subservient, to narrow political interests.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Is there any objection to the motion? I want somebody to speak. I do not only want to see hands.
Mr T S SETONA: I object, Chairperson.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! There is an objection to the motion. In the light of the objection, the motion may not be proceeded with and the motion without notice will now become notice of a motion.
LEADERSHIP STYLE OF DEMOCRATIC PARTY LEADER
(Draft Resolution)
Rev P MOATSHE: Chairperson, I move without notice:
That the Council -
(1) notes with shock and dismay -
(a) the allegations confronting the official Opposition party
leader, Tony Leon, which refer to him as an autocratic leader of
the DP;
(b) that even the Chief Whip, Douglas Gibson, is supportive of Tony
Leon, who treats veteran MPs like children;
(c) that, contradictory as its seems to the party's policies,
although Mr Tony Leon claims to be a democrat and is critical of
other leaders whom he deems to be autocratic, he is unable to
practise what he preaches within his party;
(d) that this absurd situation clearly shows the South African
people the cunning jackal in a sheepskin; and
(2) calls upon the leader of the DP to come clean with his intentions, namely that he is not satisfied with the present situation and would like to return to the past with his fight-back strategies.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Is there any objection to the motion?
Mr J L THERON: Yes, Chairperson.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! There is an objection to the motion, and because of that, the motion may not be proceeded with. It will now become notice of a motion. ATTACK ON BAGHDAD BY US AND BRITISH PLANES
(Draft Resolution)
Mr M I MAKOELA: Chairperson, I move without notice:
That the Council -
(1) notes the shocking and terrible loss of lives of civilians in Iraq as a result of attacks by US and British planes in Baghdad;
(2) further notes that the attacks happened between 8 km and 32 km from Baghdad, and were aimed at removing the threat to planes patrolling the no-fly zone set up after the 1991 Gulf War; and
(3) expresses its deepest sympathy with the Iraqi people and all others who have lost loved ones and family because of this callous deed.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Is there any objection to the motion?
Mr K D S DURR: Yes, Chairperson.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! There is an objection to the motion and the motion will now become notice of a motion.
FLOODS IN MOZAMBIQUE
(Draft Resolution)
Mr D M KGWARE: Chairperson, I move without notice:
That the Council -
(1) notes with great concern the floods in Mozambique which have already affected about 400 000 people since they began early this year;
(2) notes that Mozambique is still recovering from last year’s devastating floods in which more than 700 people were killed and the infrastructure was destroyed;
(3) thankfully and appreciatively notes the commendable role played by the South African Government in providing R10,5 million worth of aircraft, food and medication; and
(4) recognises the invaluable contribution of our defence force and of emergency flood aid in bringing the situation under control.
Motion agreed to in accordance with section 65 of the Constitution.
HUMANITARIAN AID TO IRAQ, THE WEST BANK AND MOZAMBIQUE
(Draft Resolution)
Rev M CHABAKU: Chairperson, my motion is very similar to the previous motion. With the hon member’s permission, I was going to include countries such as Iraq and the West Bank, to which we also send humanitarian support.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Regrettably, the motion has already been agreed to. You should move your own motion instead. Rev M CHABAKU: Chairperson, I move without notice:
That the Council -
(1) endorses and supports the issue of humanitarian aid to the residents of Iraq, the West Bank and Mozambique; and
(2) remembers the support that these people gave us during our times of strife, even when their own struggles and resources were very bleak.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Is there any objection to the motion?
Mr K D S DURR: Yes, Chairperson.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! There is an objection to the motion and therefore the motion without notice will become notice of a motion.
PERSECUTION OF PEOPLE OF THE SOUTHERN SUDAN
(Draft Resolution) Mr K D S DURR: Chairperson, I move without notice:
That the Council, because of the continuing persecution and oppression being practised by the government of the Sudan over the past 40 years against the people of the southern Sudan, and in particular the targeting of Christian churches, schools and clinics -
(1) calls upon the Minister of Foreign Affairs to use her influence to bring peace and stability to the region by promoting and initiating a process of real dialogue between the warring parties and working to structure genuine multiparty constitutional forums;
(2) notes with appreciation speeches made to date by Minister Zuma and encourages the Government to help the Sudanese parties move forward to the negotiating table and to work for the ending of the bombing and violence being perpetrated against the people of the southern Sudan; and
(3) notes that over the Christmas period alone, from 25 December 2000 to 7 January 2001, 127 bombs were dropped on civilian targets in Moruland, Western Equatoria, including on churches, in those two weeks.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Is there any objection to the motion?
Mr M I MAKOELA: Yes, Chairperson.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! There is an objection to the motion, and therefore the motion without notice will now become notice of a motion.
CONSIDERATION OF FIRST REPORT OF SELECT COMMITTEE ON ECONOMIC AFFAIRS - CONSTITUTIVE ACT OF AFRICAN UNION
Mr M V MOOSA: Chairperson, it is indeed a privilege to speak in the first debate of the year 2001 and to be the first speaker - indeed, the only speaker - in this special plenary that has been convened specifically so that I may speak. [Laughter.]
On a more serious note, this is indeed a special plenary. I do not think that many South Africans, or Africans throughout the continent, understand what a significant event will be taking place in March this year, when African heads of state meet in order to consider the Constitutive Act of the African Union.
Allow me to take members of the House quickly through some of the background to this. As we all know, the Organisation of African Unity, the OAU, has for a long time been trying to unite countries on the African continent with regard to common policies, principles and so forth. But in our changing world, globalisation has become a factor that nobody can ignore, and economic issues are inextricably linked with political and other socioeconomic processes. The African continent has had to organise itself in order to compete and develop in the context of a globalised world.
In 1999 a declaration was adopted in Sirte, Libya. Known as the Sirte Declaration, it set in motion a series of processes, some of whose results we have already seen. One of the important outcomes of the Sirte Declaration was the recognition that the countries and regions of Africa should begin looking at developing common economic and political communities like those created by the European Union. We in Africa need to organise ourselves in blocs for engagement in international political issues, and also to help one another within the community in furthering the cause of development.
At the Sirte summit, which was a very special summit - an extraordinary summit, in fact - a few things were decided, for example that we would create an African parliament. As hon members know, this process has already begun with some meetings that took place right here in our own country in December 2000.
Amongst other things, some more context and meaning were given to the Abuja Treaty, which spoke about creating socioeconomic, political and a whole range of other levels of co-operation between African countries, and which will even, we hope, create a common currency on the African continent in about 25 years’ time.
In the year 2000, the OAU and the African Economic Community heads of state and government met again, this time in Lomé, Togo. The highlight of that conference was the adoption of the very Act that we are about to give effect to today, the Constitutive Act of the African Union. Our own President, President Thabo Mbeki, signed the Constitutive Act of the African Union on 8 September 2000 in New York.
It is important for us to know these things, because our Government and diplomatic community have been forging ahead with the objective of making us an integral part of the process of uplifting the continent of Africa after the problems that it has faced over the past couple of hundred years.
With the signature that President Thabo Mbeki put to the constitutive Act, a number of processes began. Apart from the Pan African Parliament, the Act also provides for the establishment of a common court of justice and a common central bank for the whole of Africa, an African monetary fund, an African investment bank and several specialised technical committees in areas such as rural economy and agriculture; monetary and financial affairs; trade, customs and immigration; industry, science and technology, energy, natural resources and environment; transport, communications and tourism; health, labour and social affairs; and education, culture and human resources. As hon members can see, this is undoubtedly extensive and far-reaching.
Our President will lead a delegation again to another extraordinary summit to take place in Sirte, which will be known as the African Union Summit. At this summit, to take place next month, in March of the year 2001, the countries that have formally adopted this Act will launch it and begin the process of actually knitting the whole mechanism together.
Our President needs to be empowered by the ratification of Parliament, so that when he acts there, he acts with the full mandate of our country and the representatives of our people. Today’s sitting was arranged in order to give him that mandate. [Applause.]
There are complex issues that we need to look at as a country, particularly because South Africa is one of the more developed countries on the African continent. We need to understand some of the issues around the Constitutive Act of the African Union, particularly policy matters. What impact will it have on our legislative frameworks and on the way in which we in this country organise our industries, our government and various other sectors? It will have an impact on the way in which we work in the SADC region and engage with the countries of the Southern African Customs Union.
The NCOP and National Assembly committees have highlighted the fact that there are many things that need to be investigated further and many issues that need to be better understood, but we must see this ratification as the beginning of a process. We, as Parliament, are ratifying the Act and giving our delegations a mandate regarding the constitutive Act and the launch of the African Union. This does not mean, however, that we do not have lots of hard work and engagement to do to unpack the processes that need to go into the creation of the African Union so that it is a meaningful organisation and does not suffer the pitfalls that the Organisation of African Unity has experienced over the years.
Of course the African Union, after its launch, would regard the conflicts on the continent of Africa, such as the DRC conflict, as key areas that need to be addressed.
With those few words, I wish to ask the House to support the ratification of this constitutive Act creating the African Union. I also ask all members of the House, in whichever committees they participate, to begin studying this thing and checking the processes that evolve out of it so that we as a country can make a meaningful contribution to the process.
We have no doubt that two thirds of the countries of Africa will have ratified and supported the launch of the African Union by March, and we are quite sure that in March the African Union will become a reality. [Applause.]
Debate concluded.
Report adopted in accordance with section 65 of the Constitution.
The Council adjourned at 14:32.
__________
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
THURSDAY, 16 NOVEMBER 2000
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The following Bill was introduced in the National Assembly on 16
November 2000 and referred to the Joint Tagging Mechanism (JTM)
for classification in terms of Joint Rule 160:
(i) Local Government: Municipal Structures Second Amendment
Bill [B 71 - 2000] (National Assembly - sec 76) - (Portfolio
Committee on Provincial and Local Government - National
Assembly).
- The Speaker and the Chairperson:
(1) Pursuant to an appeal having been received against the outcome
of a disciplinary hearing which resulted in the dismissal of the
former Head: Institutional Support Division in the Administration
of Parliament, the Speaker and the Chairperson have appointed a
committee to consider the appeal and make a recommendation thereon
to both Houses, the committee to make its recommendation by 20
November 2000.
(2) The committee consists of:
National Assembly: National Council of Provinces:
Cassim, M F Surty, E
Doidge, G Q M
Selfe, J
September, C C
FRIDAY, 17 NOVEMBER 2000
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
The announcement on 16 November 2000 that the Local Government:
Municipal Structures Second Amendment Bill [B 71 - 2000] (National
Assembly - sec 76) had been introduced in the National Assembly was
incorrect: The Bill could not be introduced as section 154 of the
Constitution had not been complied with in respect of the Bill.
- The Speaker and the Chairperson:
(1) Assent by the President of the Republic in respect of the
following Bills:
Local Government: Municipal Systems Bill [B 27B - 2000] - Act No
32 of 2000 (assented to and signed by President on 14 November
2000); and
Construction Industry Development Board Bill [B 59B - 2000] - Act
No 38 of 2000 (assented to and signed by President on 13 November
2000).
- The Speaker and the Chairperson:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(1) The following paper is referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Justice and Constitutional
Development and the Select Committee on Security and
Constitutional Affairs for information:
Report of the Auditor-General on the Summary of Statements of
Moneys kept in Trust in the Guardians' Funds for 1998-99 [RP 162-
2000].
(2) The following paper is referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Health and the Select Committee on
Social Services for information:
Report of the Auditor-General on the Financial Statements of the
Health Donations Fund for 1999-2000 [RP 164-2000].
(3) The following paper is referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Education and the Select Committee
on Education and Recreation for information:
Report of the Auditor-General on the Financial Statements of the
Council on Higher Education for 1999-2000 [RP 165-2000].
(4) The following papers are referred to the Portfolio Committee on
Public Service and Administration and the Select Committee on
Local Government and Administration:
(a) Report of the Public Service Commission on Career
Management in the Public Service [RP 152-2000].
(b) Report of the Public Service Commission on Management of
Probationary Appointments within Public Service Departments at
National Level [RP 153-2000].
(5) The following paper is referred to the Portfolio Committee on
Public Service and Administration and the Select Committee on
Local Government and Administration. It is also referred to the
Joint Monitoring Committee on Improvement of Quality of Life and
Status of Women and the Joint Monitoring Committee on Improvement
of Quality of Life and Status of Children, Youth and Disabled
Persons:
Report of the Public Service Commission on the State of
Representativeness in the Public Service [RP 154-2000].
(6) The following paper is referred to the Portfolio Committee on
Finance and the Select Committee on Finance:
Government Notice No R.1025 published in Government Gazette No
21671 dated 27 October 2000, Amendment of Regulation 5 of the
Regulations under the Associated Institutions Pension Fund Act,
1963, made in terms of section 2 of the Associated Institutions
Pension Fund Act, 1963 (Act No 41 of 1963).
(7) The following paper is referred to the Portfolio Committee on
Home Affairs and the Select Committee on Social Services. The
report of the Auditor-General contained in the following paper is
referred to the Standing Committee on Public Accounts for
consideration and report.
Reports and Financial Statements of the Film and Publication Board
for 1998-99 and 1999-2000, including the Reports of the
Auditor-General on the Financial Statements for 1998-99 and 1999-
2000.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Members of African Parliaments at a meeting in Pretoria, from 7 to 10
November 2000, agreed on a Draft Protocol to the African Economic
Community (AEC) Treaty relating to the Pan-African Parliament.
The Protocol will be submitted to the Council of Ministers and
thereafter to the Organisation of African Unity (OAU) Heads of States
for adoption in 2001.
DRAFT PROTOCOL TO THE TREATY ESTABLISHING THE AFRICAN ECONOMIC
COMMUNITY RELATING TO THE PAN-AFRICAN PARLIAMENT
PREAMBLE
The Member States of the Organization of African Unity State Parties to
the Treaty Establishing the African Economic Community:
Bearing in mind the Sirte Declaration adopted at the Fourth
Extraordinary Session of the Assembly of Heads of State and Government
held in the Great Socialist People's Libyan Arab Jamahiriya on 9.9.99
establishing the African Union and calling for the speedy establishment
of the institutions provided for in the Treaty establishing the African
Economic Community signed in Abuja, Nigeria, on 3 June, 1991 and the
establishment of the Pan-African Parliament by the year 2000;
Noting, in particular, the adoption by the Assembly of Heads of State
and Government meeting in its 36th Ordinary Session in Lome, Togo, from
10 to 12 July, 2000, of the Constitutive Act of the African Union,
thereby giving concrete expression to the common vision of a united,
integrated and strong Africa;
Further noting that the establishment of the Pan-African Parliament is
informed by a vision to provide a common platform for African peoples
and their grass-roots organisations to be more involved in discussions
and decision-making on the problems and challenges facing the
Continent.
Conscious of the imperative and urgent need to further consolidate the
aspiration of the African peoples for greater unity, solidarity and
cohesion in a larger community transcending cultural, ideological,
ethnic, religious and national differences;
Considering the principles and objectives stated in the Charter of the
Organization of African Unity;
Further considering that Articles 7 and 14 of the Treaty establishing
the African Economic Community provide for a Pan-African Parliament of
the Community, whose composition, functions, powers and organisation
shall be defined in a related Protocol;
Recalling the Cairo Agenda for Action which was endorsed by the Thirty-
first Ordinary Session of the Assembly held in Addis Ababa, Ethiopia,
from 26 to 28 June 1995 (AHG/Res. 236 (XXXI)), and which recommended
the speeding up of the rationalisation of the institutional framework
in order to achieve economic integration at the regional level;
Recalling further the Declaration on the Political and Socio-Economic
Situation in Africa and the Fundamental Changes Taking Place in the
World, which was adopted by the Twenty-sixth Ordinary Session of the
Assembly in Addis Ababa, Ethopia, on 11 July 1990;
Considering that by the Algiers Declaration (AHG/Decl.1 (XXXV)) of 14
July 1999 the Assembly reaffirmed its faith in the African Economic
Community;
Determined to promote democratic principles and popular participation,
to consolidate democratic institutions and culture and to ensure good
governance;
Further determined to promote and protect human and peoples' rights in
accordance with the African Charter on Human and Peoples' Rights and
other relevant human rights instruments;
Conscious of the obligations and legal implications for Member States
of the need to establish the Pan-African Parliament;
Firmly convinced that the establishment of the Pan-African Parliament
will ensure effectively the full participation of the African peoples
in the economic development and integration of the continent;
HEREBY AGREE AS FOLLOWS:
Article 1
Definitions
In this Protocol the following expressions shall have the meanings
assigned to them hereunder:
"Assembly" means the Assembly of Heads of State and Government of
the Community;
"Bureau" means the office-bearers of the Pan-African Parliament as
provided for in Article 12(6) of this Protocol;
"Community" means the African Economic Community;
"Council" means the Council of Ministers of the Community;
"Court of Justice" means the Court of the Community;
"General Secretariat" means the General Secretariat of the
Community";
"Member of Pan-African Parliament" or "Pan-African
Parliamentarian" means a representative elected or designated in
accordance with Article 5 of this Protocol;
"Member State" or "Member States", unless the context otherwise
prescribes, means Member State or Member States of the Community;
"OAU" means the Organization of African Unity;
"President" means the Member of the Pan-African Parliament elected
to conduct the business of Parliament in accordance with Article
12(2) of this Protocol;
"Region of Africa" shall have the meaning assigned to it in
Article 1 of the Treaty establishing the African Economic
Community;
"Secretary-General" means the Secretary-General of the Community;
"Treaty" means the Treaty establishing the African Economic
Community.
Article 2
Establishment of the Pan-African Parliament
Member States hereby establish a Pan-African Parliament the
composition, functions, powers and organisation of which shall be
governed by the present Protocol.
The Pan-African Parliamentarians shall represent all the peoples of
Africa.
The ultimate aim of the Pan-African Parliament shall be to evolve
into an institution with full legislative powers, whose members
are elected by universal adult suffrage. However, until such time
as the Member States decide otherwise by an amendment to this
Protocol:
(i) The Pan-African Parliament shall have consultative and
advisory powers only; and
(ii) The Members of the Pan-African Parliament shall be
appointed as provided for in Article 4 of this Protocol.
Article 3
Objectives
The objectives of the Pan-African Parliament shall be to:
facilitate the effective implementation of the policies and
objectives of the OAU/AEC and, ultimately, of the African Union;
promote the principles of human rights and democracy in Africa;
encourage good governance, transparency and accountability in
Member States;
familiarise the peoples of Africa with the objectives and policies
aimed at integrating the African Continent within the framework of
the establishment of the African Union;
promote peace, security and stability;
contribute to a more prosperous future for the peoples of Africa
by promoting collective self-reliance and economic recovery;
facilitate cooperation and development in Africa;
strengthen Continental solidarity and build a sense of common
destiny among the peoples of Africa; promote the principles of
human rights and democracy in Africa;
facilitate cooperation among Regional Economic Communities and
their Parliamentary fora.
Article 4
Composition
Member States shall be represented in the Pan-African Parliament by
an equal number of Parliamentarians;
Each Member State shall be represented in the Pan-African
Parliament by five (5) members, at least one of whom must be a
woman;
The representation of each Member State must reflect the diversity
of political opinions in each National Parliament.
Article 5
Election, Tenure and Vacancies
The Pan-African Parliamentarians shall be elected or designated by
the respective National Parliaments or any other deliberative
organ of the Member States, from among their members.
The Assembly shall determine the beginning of the first term of
office of the Pan-African Parliament at its session immediately
following the entry into force of this Protocol.
The term of a Member of the Pan-African Parliament shall run
concurrently with his or her term in the National Parliament
concerned.
The seat of a Member of the Pan-African Parliament shall become
vacant if he or she:
(a) dies;
(b) resigns in writing to the President;
(c) is unable to perform his or her functions for reasons of
physical or mental incapacity;
(d) is removed on grounds of misconduct;
(e) ceases to be a Member of the National Parliament
concerned;
(f) is recalled by the National Parliament; or
(g) ceases to be a Pan-African Parliamentarian in terms of
Article 19 of this Protocol.
Article 6
Vote
The Pan-African Parliamentarians shall vote in their personal and
independent capacity.
Article 7
Incompatibility
Membership of the Pan-African Parliament shall not be compatible with
the exercise of executive or judicial functions in a Member State.
Article 8
Privileges and Immunities of Pan-African Parliamentarians
The Pan-African Parliamentarians, while exercising their functions,
shall enjoy in the territory of each Member State the immunities
and privileges extended to representatives of Member States under
the General Convention on the Privileges and Immunities of the OAU
and the Vienna Convention on Diplomatic Relations.
Without prejudice to Paragraph (1) of this Article, the Pan-
African Parliament shall have the power to waive the immunity of a
member in accordance with its Rules of Procedure.
Article 9
Parliamentary Immunities
The Pan-African Parliamentarians shall enjoy parliamentary immunity
in each Member State. Accordingly, a member of the Pan-African
Parliament shall not be liable to civil or criminal proceedings,
arrest, imprisonment or damages for what is said or done by him or
her within or outside the Pan-African Parliament in his or her
capacity as a member of Parliament in the discharge of his or her
duties.
Without prejudice to Paragraph (1) of this Article, the Pan-
African Parliament shall have the power to waive the immunity of a
member in accordance with its Rules of Procedure.
Article 10
Allowance
The Pan-African Parliamentarians shall be paid an allowance to meet
expenses in the discharge of their duties.
Article 11
Functions and Powers
The Pan-African Parliament shall be vested with legislative powers to
be defined by the Assembly. However, during the first term of its
existence, the Pan-African Parliament shall exercise advisory and
consultative powers only. In this regard, it may:
Examine, discuss or express an opinion on any matter, either on its
own initiative or at the request of the Assembly or other policy
organs and make any recommendations it may deem fit relating to,
inter alia, matters pertaining to respect of human rights, the
consolidation of democratic institutions and the culture of
democracy, as well as the promotion of good governance and the
rule of law.
Discuss its budget and the budget of the Community and make
recommendations thereon prior to its approval by the Assembly.
Work towards the harmonisation or coordination of the laws of
Member States.
Make recommendations aimed at contribution to the attainment of the
objectives of the OAU/AEC and draw attention to the challenges
facing the integration process in Africa as well as the strategies
for dealing with them.
Request officials of the OAU/AEC to attend its sessions, produce
documents or assist in the discharge of its duties.
Promote the programmes and objectives of the OAU/AEC, in the
constituencies of the Member States.
Promote the coordination and harmonization of policies, measures,
programmes and activities of the Regional Economic Communities and
the parliamentary fora of Africa.
Adopts its Rules of Procedure, elect its own President and propose
to the Council and the Assembly the size and nature of the support
staff of the Pan-African Parliament.
Perform such other functions as it deems appropriate to achieve the
objectives set out in Article 3 of this Protocol.
Article 12
Rules of Procedure and Organisation of the Pan-African Parliament
The Pan-African Parliament shall adopt its own Rules of Procedure
on the basis of a two-thirds majority of all its members.
The Pan-African Parliament shall elect, at its first sitting
following its election, by secret ballot, from among its members
and in accordance with its Rules of Procedure, a President and
four (4) Vice-Presidents representing the Regions of Africa as
determined by the OAU. The election shall, in each case, be by
simple majority of the members present and voting.
The terms of office of the President and the Vice-Presidents shall
run with the National Parliament or the deliberative organ which
elects or designates them.
The Vice-Presidents shall be ranked in the order of first, second,
third and fourth initially, in accordance with the result of the
vote and subsequently by rotation.
The President and the Vice-Presidents shall be the Officers of the
Pan-African Parliament. The officers, under the control and
direction of the President and subject to such directives as may
be issued by the Pan-African Parliament, shall be responsible for
the management and administration of the affairs and facilities of
the Pan-African Parliament and its organs. In the discharge of
their duties, the Officers shall be assisted by the Clerk and the
two Deputy Clerks.
The Pan-African Parliament shall appoint a Clerk, two Deputy Clerks
and such other staff and functionaries as it may deem necessary
for the proper discharge of its functions and may by regulations
provide for their terms and conditions of office in accordance
with the relevant OAU practice as appropriate.
The President shall preside over all parliamentary proceedings
except those held in committee and, in his or her absence, the
Vice-Presidents shall act in rotation, in accordance with the
Rules of Procedure which shall also deal with the powers of the
person presiding over Parliamentary proceedings.
The Office of the President or Vice-President shall become vacant
if he or she:
(a) dies;
(b) resigns in writing;
(c) is unable to perform his or her functions for reasons of
physical or mental incapacity;
(d) is removed on grounds of misconduct;
(e) ceases to be a Member of the National Parliament or the
deliberative organ concerned;
(f) is recalled by the National Parliament; or
(g) ceases to be a Pan-African Parliamentarian in terms of
Article 19 of this Protocol.
Removal on the grounds stipulated in 8(c) or (d) above shall be on
a motion to be decided on by secret ballot and supported at the
end of debate by two-thirds majority of all the Pan-African
Parliamentarians. In the case of removal under the ground
stipulated in 8(c), the motion shall, in addition, be supported by
a medical report.
A vacancy in the Office of the President or Vice-President shall be
filled at the sitting of the Pan-African Parliament immediately
following its occurrence.
The quorum for a meeting of the Pan-African Parliament shall be
constituted by a simple majority.
Each Pan-African Parliamentarian shall have one vote. Decisions
shall be made by consensus or, failing which, by a two-thirds
majority of all the Members present and voting. However,
procedural matters, including the question of whether a matter is
one of the procedure or not, shall be decided by a simple majority
of those present and voting, unless otherwise stipulated in the
Rules of Procedure. In the event of an equal number of votes, the
person presiding shall have a casting vote.
The Pan-African Parliament may establish such committees, as it
deems fit, for the proper discharge of its functions and in
accordane with its Rules of Procedure.
Until the Pan-African Parliament appoints its staff, the General
Secretariat of the OAU shall act as its Secretariat.
Article 13
Oath of Office
At its first sitting, after the election and before proceeding with any
other matter, the Pan-African Parliamentarians shall take an oath or
make a solemn declaration which shall be set out as an Addendum to this
Protocol.
Article 14
Sessions
The inaugural session shall be presided over by the Chairperson of
the OAU/AEC until the election of the President of the Pan-African
Parliament who shall thereafter preside.
The Pan-African Parliament shall meet in ordinary session at least
twice a year, within a period to be determined in the Rules of
Procedure. Each ordinary session may last up to one month.
Two-thirds of the Pan-African Parliamentarians, the Assembly or the
Council, through the Chairperson of the OAU, may, by written
notification addressed to the President, request an Extraordinary
session. The request shall provide a motivation for and details of
the matters to be discussed at the proposed Extraodinary session.
The President shall convene such a session which shall discuss
only the matters stipulated in the request. The session shall end
upon exhaustion of the agenda.
The proceedings of the Pan-African Parliament shall be open to the
public, unless otherwise directed by the Bureau.
Article 15
Budget
The annual budget of the Pan-African Parliament shall constitute an
integral part of the regular budget of the OAU/AEC.
The budget shall be drawn up by the Pan-African Parliament in
accordance with the Financial Rules and Regulations of the OAU/AEC
and shall be approved by the Assembly until such time as the Pan-
African Parliament shall start to exercise legislative powers.
Article 16
Seat of the Pan-African Parliament
The seat of the Pan-African Parliament shall be determined by the
Assembly and shall be located in the territory of a State Party to this
Protocol. However, the Pan-African Parliament may convene in the
territory of any Member State at the invitation of that Member State.
Article 17
Working Languages
The working languages of the Pan-African Parliament shall be, if
possible, African languages, Arabic, English, French and Portuguese.
Article 18 The Relationship between the Pan-African Parliament and the Parliaments
of Regional Economic Communities and National Parliaments.
The Pan-African Parliament shall work in close co-operation with the
Parliaments of the Regional Economic Communities and the National
Parliaments of Member States. To this effect, the Pan-African
Parliament may, in accordance with its Rules of Procedure, convene
annual consultative fora with the Parliaments of the Regional Economic
Communities and the National Parliaments to discuss matters of common
interest.
Article 19
Withdrawal
The Pan-African Parliamentarians from a Member State which withdraws
from the Community shall automatically cease to be Pan-African
Parliamentarians.
Article 20
Interpretation
The Court of Justice shall be seized with all matters of interpretation
emanating from this Protocol. Pending its establishment, such matters
shall be submitted to the Assembly which shall decide by a two-thirds
majority.
Article 21
Signature and Ratification
This Protocol shall be signed and ratified by the Member States in
accordance with their respective Constitutional procedures.
The instruments of ratification or accession shall be deposited
with the Secretary-General of the OAU.
Article 22
Entry into Force
The Protocol shall enter into force thirty (30) days after the deposit
of the instruments of ratification by a simple majority of the Member
States.
Article 23
Accession
Any Member State may notify the Secretary-General of its intention
to accede to this Protocol after its entry into force. The
Secretary-General shall, upon receipt of such notification,
transmit copies thereof to all Member States.
For any Member State acceding to this Protocol, the Protocol shall
come into force on the date of the deposit of its instrument of
accession.
Article 24
Amendment or Revision of the Protocol
This Protocol may be amended or revised by the decision of a two-
thirds majority of the Assembly.
Any Member State party to this Protocol or the Pan-African
Parliament may propose, in writing to the Secretary-General, any
amendment or revision of the Protocol.
The Secretary-General shall notify the proposal to all Member
States at least thirty (30) days before the meeting of the
Assembly, which is to consider the proposal.
The Secretary-General shall request the opinion of the Pan-African
Parliament on the proposal and shall transmit the opinion, if any,
to the Assembly, which may adopt the proposal, taking into account
the opinion of the Pan-African Parliament.
The amendment or revision shall enter into force thirty (30) days
after the deposit of the instruments of ratification with the
Secretary-General by two-thirds of Member States.
Article 25
Review of the Protocol
Five years after the entry into force of this Protocol, a
Conference of the States parties to this Protocol shall be held to
review the operation and effectiveness of this Protocol, with a
view to ensuring that the objectives and purposes of this
Protocol, as well as the vision underlying the Protocol, are being
realised and that the Protocol meets with the evolving needs of
the African Continent.
At intervals of ten years thereafter, further Review Conferences of
States Parties to this Protocol may be convened with the same
objective as stated in Paragraph 1 above. Such Conferences may be
convened at an interval of less than ten years, if so decided by
the Pan-African Parliament.
- The Minister of Finance:
(1) Agreement between the Government of the Republic of South Africa
and the Government of the United States of America regarding
mutual assistance between their Customs Administrations, tabled in
terms of section 231(3) of the Constitution, 1996.
(2) Explanatory Memorandum on the Agreement.
- The Minister of Trade and Industry:
(a) Report and Financial Statements of Ntsika Enterprise Promotion
Agency for 1999-2000, including the Report of the Auditor-General
on the Financial Statements for 1999-2000.
(b) Report and Financial Statements of the Competition Commission
for 1999-2000, including the Report of the Auditor-General on the
Financial Statements for 1999-2000.
TUESDAY, 21 NOVEMBER 2000
ANNOUNCEMENTS: National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) Assent by the President of the Republic in respect of the
following Bills:
(i) Education Laws Amendment Bill [B 48B - 2000] - Act No 53
of 2000 (assented to and signed by President on 17
November 2000); and
(ii) Higher Education Amendment Bill [B 55B - 2000] - Act No 54
of 2000 (assented to and signed by President on 17
November 2000).
- The Speaker and the Chairperson:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(1) The following papers are referred to the Portfolio Committee on
Trade and Industry and the Select Committee on Economic Affairs.
The reports of the Auditor-General contained in the following
papers are referred to the Standing Committee on Public Accounts
for consideration and report:
(a) Report and Financial Statements of Ntsika Enterprise
Promotion Agency for 1999-2000, including the Report of the
Auditor-General on the Financial Statements for 1999-2000.
(b) Report and Financial Statements of the Competition
Commission for 1999-2000, including the Report of the Auditor-
General on the Financial Statements for 1999-2000.
(2) The following papers are referred to the Portfolio Committee on
Finance and the Select Committee on Finance:
(a) Agreement between the Government of the Republic of South
Africa and the Government of the United States of America
regarding mutual assistance between their Customs
Administrations, tabled in terms of section 231(3) of the
Constitution, 1996.
(b) Explanatory Memorandum on the Agreement.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Trade and Industry:
Report and Financial Statements of the Industrial Development
Corporation of South Africa Limited for 1999-2000.
- The Minister of Environmental Affairs and Tourism:
Government Notice No R.1129 published in Government Gazette No 21736
dated 17 November 2000, Amendment of Regulations, made in terms of
section 77 of the Marine Living Resources Act, 1998 (Act No 18 of
1998).
- The Minister of Safety and Security:
Report of the Independent Complaints Directorate for 1999-2000 [RP 176-
2000].
Referred to the Portfolio Committee on Safety and Security and the
Select Committee on Security and Constitutional Affairs.
THURSDAY, 23 NOVEMBER 2000
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
Decision taken by the meeting convened in terms of Joint Rule 62
(Policy matters requiring decision during recess)
The Speaker and the Chairperson of the Council convened a meeting in
terms of Joint Rule 62 on Monday, 20 November 2000, to consider the -
(1) pending closure of Acacia Park Primary School; and
(2) report of the committee to consider the appeal by former Head:
Institutional Support Division in the Administration of
Parliament.
The pending closure of Acacia Primary School:
Mr G Q M Doidge reported to the meeting that the Gauteng
Department of Education was no longer prepared to fund the Acacia
Park Primary School which was used by children of members of
Parliament who during session time reside at Acacia Park
Parliamentary Village. The school would therefore have to be
closed with effect from 1 January 2001, unless Parliament was
prepared immediately to take over responsibility for its
operation. After discussion the meeting decided that -
(i) in principle the Acacia Park Primary School should remain
open;
(ii) the Presiding Officers, assisted by management of
Parliament, explore the funding aspects, including
subsidisation by Western Cape Education Department; and
(iii) in conjunction with the existing governing body of the
school, a report on all relevant implications be drawn up
for circulation to members by the middle of January 2001.
Report of the committee to consider the appeal by former Head:
Institutional Support Division in the Administration of Parliament:
The meeting, having considered the report of the committee,
reports that the appeal has been denied.
F Ginwala G N M Pandor
Speaker of the Chairperson of the
National Assembly National Council of Provinces
- The Speaker and the Chairperson:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(1) The following paper is referred to the Portfolio Committee on
Trade and Industry and to the Select Committee on Economic
Affairs:
Report and Financial Statements of the Industrial Development
Corporation of South Africa Limited for 1999-2000.
(2) The following paper is referred to the Portfolio Committee on
Environmental Affairs and Tourism and to the Select Committee on
Land and Environmental Affairs:
Government Notice No R.1129 published in the Government Gazette No
21736 dated 17 November 2000, Amendment of Regulations, made in
terms of section 77 of the Marine Living Resources Act, 1998 (Act
No 18 of 1998).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Housing:
Report and Financial Statements of the National Housing Finance
Corporation Limited for 1999-2000.
TUESDAY, 28 NOVEMBER 2000
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Housing:
Report and Financial Statements of the National Housing Finance
Corporation Limited for 1999-2000.
Referred to the Portfolio Committee on Housing and to the Select
Committee on Public Services.
FRIDAY, 1 DECEMBER 2000
ANNOUNCEMENTS: National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) Assent by the President of the Republic in respect of the
following Bills:
(i) Council for the Built Environment Bill [B 16B - 2000] -
Act No 43 of 2000 (assented to and signed by President on
26 November 2000);
(ii) Architectural Profession Bill [B 17B - 2000] - Act No 44
of 2000 (assented to and signed by President on 26
November 2000);
(iii) Landscape Architectural Profession Bill [B 18B - 2000] -
Act No 45 of 2000 (assented to and signed by President on
26 November 2000);
(iv) Engineering Profession Bill [B 19B - 2000] - Act No 46 of
2000 (assented to and signed by President on 26 November
2000);
(v) Property Valuers Profession Bill [B 20B - 2000] - Act No
47 of 2000 (assented to and signed by President on 26
November 2000);
(vi) Project and Construction Management Professions Bill [B
21B - 2000] - Act No 48 of 2000 (assented to and signed
by President on 26 November 2000);
(vii) Quantity Surveying Profession Bill [B 22B - 2000] - Act No
49 of 2000 (assented to and signed by President on 26
November 2000);
(viii) Chiropractors, Homeopaths and Allied Health Service
Professions Second Amendment Bill [B 66B - 2000] - Act No
50 of 2000 (assented to and signed by President on 26
November 2000);
(1x) African Renaissance and International Co-operation Fund
Bill [B 65D - 2000] - Act No 51 of 2000 (assented to and
signed by President on 21 November 2000);
(x) Second Adjustments Appropriation Bill [B 67 - 2000]
- Act No 55 of 2000 (assented to and signed by President
on 26 November 2000);
(xi) Bills of Exchange Amendment Bill [B 47B - 2000] - Act No
56 of 2000 (assented to and signed by President on 29
November 2000);
(xii) South African Reserve Bank Amendment Bill [B 62 - 2000] -
Act No 57 of 2000 (assented to and signed by President on
29 November 2000);
(xiii) Revenue Laws Amendment Bill [B 70 - 2000] - Act No 59 of
2000 (assented to and signed by President on 29 November
2000);
(xiv) Marine Living Resources Amendment Bill [B 68B - 2000] -
Act No 68 of 2000 (assented to and signed by President on
29 November 2000); and
(xv) Redetermination of the Boundaries of Cross-boundary
Municipalities Bill [B 69 - 2000] - Act No 69 of 2000
(assented to and signed by President on 21 November
2000).
TABLINGS:
National Assembly and National Council of Provinces:
Bills:
- The Minister for Intelligence:
(1) Algemene Wysigingswetsontwerp op Intelligensie [W 36 - 2000].
The General Intelligence Law Amendment Bill [B 36 - 2000]
(National Assembly - sec 75) was introduced by the Minister for
Intelligence on 24 May 2000.
THURSDAY, 7 DECEMBER 2000
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) Assent by the President of the Republic in respect of the
following Bills:
(a) National Health Laboratory Services Bill [B 52B - 2000] -
Act No 37 of 2000 (assented to and signed by President on 5
December 2000);
(b) Competition Second Amendment Bill [B 41D - 2000] - Act No
39 of 2000 (assented to and signed by President on 5 December
2000);
(c) Adult Basic Education and Training Bill [B 42D - 2000] -
Act No 52 of 2000 (assented to and signed by President on 5
December 2000);
(d) Council for Medical Schemes Levies Bill [B 61 - 2000] -
Act No 58 of 2000 (assented to and signed by President on 5
December 2000);
(e) National Prosecuting Authority Amendment Bill [B 39B -
2000] - Act No 61 of 2000 (assented to and signed by
President on 5 December 2000);
(f) Judicial Matters Amendment Bill [B 63B - 2000] - Act No 62
of 2000 (assented to and signed by President on 5 December
2000);
(g) Sea Transport Documents Bill [B 28B - 2000] - Act No 65 of
2000 (assented to and signed by President on 5 December
2000);
(h) Abolition of Lebowa Mineral Trust Bill [B 49B - 2000] -
Act No 67 of 2000 (assented to and signed by President on 5
December 2000); and
(i) Tourism Amendment Bill [B 50F - 99] - Act No 70 of 2000
(assented to and signed by President on 5 December 2000).
COMMITTEE REPORTS:
National Council of Provinces:
-
Report of the Select Committee on Land and Environmental Affairs, dated 21 November 2000:
The Select Committee on Land and Environmental Affairs, having considered the shortlist of candidates nominated to be appointed to the National Agricultural Marketing Council, hereby recommends to the Minister for Agriculture and Land Affairs, in terms of section 4(4)(e) of the Marketing of Agricultural Products Act, that the following candidates be considered for appointment to the Council:
Category A: Mr D P Dall Mr W A Fourie Mr M C Heyns
Category B: Mr M E J Bezuidenhout Mr S Luthuli Ms D Ndaba Category C: Mr P Govender Prof J F Kirsten Mr M G Rathogwa
Category D: Mr B Maketha Ms S E Moolman Ms M G Njoni Category E: Dr C Buthelezi Mr M W Mvabaza Mr M A Tanda
-
Report of the Select Committee on Education and Recreation on Study Tour to India and Malaysia , dated 10 November 2000:
A. Introduction
A multi-party delegation of the Select Committee on Education and
Recreation (the Committee) embarked on a study tour to India and
Malaysia from 26 June to 8 July 2000. In addition, chairpersons of
the relevant committees in the provincial legislatures were
invited to join the delegation on this fact-finding mission.
The Committee members were Mr D M Kgware (Chairperson), Ms C
Nkuna, Mr P G Qokweni and Mrs J Witbooi.
The following members of the provincial legislatures joined the
Committee:
Western Cape Mr Y Gabru
Mr E Isaacs
Free State Mr I Segalo
Northern Cape Mr R Stadhouer
Mpumalanga Mr J M Mthembu
North West Mrs M M Bopalamo
B. Objectives
The objectives of the study tour was to investigate matters
relevant to the three clusters of the Committee, namely Education,
Arts, Culture, Science and Technology, and Sport and Recreation.
On educational matters, the delegation studied conceptualisation,
policy, curriculum development, development of learning and
teaching material, and teacher training and assessment. In
addition, student financial assistance, education and training in
higher education as well as the use of information technology in
education were also investigated.
The Promotion of South African Indigenous Knowledge Bill, aimed at
the protection and promotion of indigenous knowledge systems, will
be referred to the Committee soon, and thus the delegation also
investigated programmes of development of the indigenous people of
India and Malaysia as well as the issue of Indigenous Knowledge
Systems (IKS). In this regard the delegation, amongst other
issues, investigated the progress of these countries on ethno-
medicine and ethno-pharmacy.
In addition, the delegation also investigated sport and
development programmes, in particular rural development in these
countries.
C. Meetings in India
1. National Council of Educational Research and Training
The National Council of Educational Research and Training
(NCERT) is an autonomous body, fully financed by the
government of India. It assists and advises the Ministry of
Human Resources Development on issues pertaining to the
formulation and implementation of policies and programmes in
respect of school education.
(1) The NCERT concentrates on three aspects:
(a) Research and development.
(b) Training.
(c) Extension.
It functions in a federal system where school education
is primarily a state competency. However, the NCERT has
acquired nation-wide acceptability for its programmes,
and constantly interacts with states to identify
educational needs.
(2) NCERT Programmes
NCERT programmes include teacher training, curriculum
development and pedagogical research and development.
State textbooks are periodically reviewed to detect
references which hinder national integration, show bias
against women, etc.
The NCERT is at the centre of ensuring the use of
computer technology for updating school education and
providing basic learning facilities. It also provides
academic expertise in designing, implementing and
evaluating centrally sponsored school improvement
schemes.
(3) Policy formulation
The NCERT strives for an educational system that is
rooted in culture and complements progress. There are 18
official languages entrenched in the Constitution, and
emphasis is placed on scholars being educated in their
mother tongue. A three-language formula is adopted, which
ensures that scholars can speak three languages (their
mother tongue, English and another Indian language). An
integrated approach is followed, where scholars with
minor disabilities are integrated and taught in ordinary
schools. However, special schools are set aside for those
with severe disabilities.
(4) Examination system
Assessment of scholars are confined to their cognitive
capacities, and the rule is that whatever is taught in
class, should be tested. Universities now conduct
entrance examinations. Special projects are under way to
identify and nurture gifted children. In addition, in
1986 the government launched a scheme which focused on
the identification and nurturing of talented rural
children. These students are fully subsidised by the
government for a period of seven years.
(5) Curriculum development
Compulsory learning of science and mathematics is
required up to class 10. In classes 11 and 12, specified
areas of science are identified, and students can choose
between an A or a B course in science, depending on the
course they intend to follow when leaving school.
At the moment education in India is receiving 3,4% of the
GDP, although the target set for education is 6% of the
GDP. The budget is of great concern, as in some states
95% of the budget goes to the salaries of teachers.
2. Ministry of Science and Technology
The Ministry of Science and Technology is divided into three
sectors: Science and Technology; Biological Technology; and
Scientific Research.
(1) Objectives
This Department, through the Science and Engineering
Research Council (SERC), promotes research and
development programmes (R & D programmes) in newly
emerging and frontline areas of science and engineering.
It also promotes general research capabilities in areas
of science and technology, taking into account the
capabilities of the host institutions. It further
encourages young scientists to take up challenging R & D
activities.
(2) Activities
(a) It grants support to scientists and technologists in
challenging areas of research.
(b) It sets up training programmes for young scientists.
(c) It grants fellowships and grants.
(d) It sets up research support facilities and the
organisation of "Summer/Winter Schools".
Students who receives grants/fellowships to study abroad,
has to enter into an agreement with the university
concerned that they will return to work in India after
completing their studies. This way, a "braindrain" is
prevented. A National Science and Technology
Entrepreneurship Development Board (NSTEDB) was
established by the government in 1982 as an institutional
mechanism to promote gainful self-employment and to
develop entrepreneurship through the use of science and
technology. It also facilitates and conducts various
informal services relating to entrepreneurship
development through the use of science and technology.
(3) Several programmes have been created to promote awareness
amongst science and technology persons to take
entrepreneurship as a career:
(a) Skills Development Training Programme
Under this programme, scientifically designed skills
development programmes are organised, mainly for
unemployed, educated youths in rural and semi-urban
identified areas with immediate potential for self-
employment, by creating skills through the
application of science and technology. The objective
is to harness the available resources of the science
and technology infrastructure in the country for the
generation of wealth. The duration of the training
normally varies between four and eight weeks,
depending on the trade. In implementing this
programme, a survey of opportunities in specific
trades for creating jobs should be done.
Identification of trainers, experts and craftsmen and
providing them with suitable orientation training is
necessary. Preparation of lecture material in
vernacular languages, wherever such material is not
available, and the selection of trainees through
aptitude tests are also done. A quarterly review of
progress is done through district level monitoring
committees and the submission of quarterly progress
reports to the NSTEDB. There are more than 100
agencies all over India, and basic tools/materials
are provided to successful trainees free of charge.
(b) Open Learning Programme in Entrepreneurship (OLPE)
In order to spread the message of entrepreneurship at
a faster rate and to cover a large number of
beneficiaries, this programme enables potential
entrepreneurs to be provided with study material and
guidance by resource persons in contact sessions in
different parts of the country. These persons are
trained through the Faculty Development Programme of
the NSTEDB. The duration of these courses is 11
months.
The Technology Development Board provides financial
assistance to research and development institutions
as well as to the industry. In addition, it
facilitates interaction between industry and R & D
Institutions and fosters co-operative research
between the industry and institutions. The Board also
creates ventures and new job opportunities, and
assists partnerships with financial schemes. To date,
35% of participants in these programmes have already
set up enterprises.
3. Jawayhar Novodaya Vidyalayas (New Dawn Schools)
The objective of the Novodaya Vidyalaya Scheme is to create
centres of academic excellence for talented children,
predominantly from rural areas, and to be pacesetters for the
improvement of quality education in educational institutions
of the district where the Vidyalayas are located.
(1) Admission policy
Admissions take place on the basis of a test designed and
conducted by the NCERT in 20 of the languages of India.
The test is non-verbal, class-neutral and designed to
ensure that the children are able to compete without
facing any disadvantages. Successful candidates are
educated free of charge, the expense for their studies
being paid by the government.
(2) Enrolment
At present, there are 127 000 talented children and 14
000 staff members in these schools. The programme
concentrates on the enrolment of 75% of rural children
and 25% of urban children.
(3) Pace-setting activities
An important feature is the "pace-setting" activities of
these schools, which results in interaction between local
schools and Navoday Vidyalayas schools, so that benefits,
facilities and experiences can be transferred to local
schools. Teachers and staff live with these children in
hostels, and emphasis is placed on personality building.
(4) Curriculum
These children follow the same curriculum as ordinary
children, and no accelerated curriculum is undertaken. In
view of the fact that most students were earlier taught
in their mother tongue, instruction is provided through
the same medium up to class 8, after which intense
teaching in Hindi and English takes place. Thus, a three-
language formula is followed - a regional language, Hindi
and English. Agreements for the introduction and
implementation of a Computer Education Programme in 320
of these schools have been signed, and computer literacy
has been made compulsory for all students.
(5) Student Exchange Programme
Another feature of this programme is a scheme of exchange
of students from one Novodaya Vidyalayas in a particular
linguistic region to another in a different linguistic
region. This promotes understanding of diversity and
cultures of the people of India.
(6) Teacher Assessment
A graduate from this reputable school is highly accepted.
Teachers are selected by regional offices and must obtain
a 50% pass rate at university and also obtain a teacher
training diploma. This year, because of the influx of
applicants, a written test is required before interviews
are conducted. The teacher-student ratio is 25 to 1.
Political support has been given to this scheme and the
Constitution has been amended to give local authorities
autonomy over these schools. This scheme is considered to
be a small effort to improve state education in rural
areas.
4. Meeting with Sports Authority of India (SAI)
The government is trying to promote sports development through
a number of schemes implemented by the SAI.
(1) SAI schemes
(a) National Sports Talent Contest Scheme (NSTC)
In order to tap the rural youth, this body scouts for
talented children and supports them with regard to
their diet and school expenses.
(b) Special Area Games (SAG) Scheme
This scheme is implemented to scout and nurture
natural talent for competitive sports from tribal and
rural areas of the country where genetically gifted
individuals are located.
(c) SAI Training Centres (STC) Scheme
These centres select individuals based on a battery
of tests and on merit, where they undergo in-house
training with modern facilities and qualified
coaches.
(d) Centre for Excellence
This is an extension of the STC Scheme, and it
attracts and trains meritorious sportspersons with
the potential for achieving international excellence.
(2) Schemes of Ministry
(a) Infrastructure Schemes
Through these schemes, the Ministry provides grants
for the creation of sports infrastructure, for rural
schools to purchase sports equipment and to develop
playgrounds, as well as for the construction of sport
facilities at universities and colleges.
(b) National Sports Federations (NSFs)
Financial assistance is also provided to NSFs for
training their teams and arranging tournaments.
(c) Sports Scholarship Scheme
This scheme was launched with a view to assisting
talented individuals as a result of their outstanding
performances in sport. There is also a special
scholarship for women who excel in sport.
(d) National Sports Development Fund
This fund was set up with the view to mobilising the
government, the private sector and individuals for
the development of sports in the country.
(e) Rural Sports Programmes
The objective of this scheme is to create general
consciousness and support mass participation in
sports in rural areas in order to strengthen sport at
grass roots level and to provide opportunities to the
rural youth. Rural sports tournaments for selected
disciplines such as archery, tug of war,etc, are
organised by the state from its own resources.
(f) Recreation Sports Programmes
The aim is to promote and develop general sports
disciplines identified by the government (like go-
carting, bowling, ice skating). Co-operation with the
private sector is important to ensure that facilities
are built.
The delegation also paid a courtesy visit to the Minister
of State and Youth Sports, the Hon Mr Shahnawaz. He
emphasised that the mere fact that the Department of
Sport had been upgraded to a Ministry, showed the state's
interest and the value attached to the promotion of
sport.
5. National Innovation Foundation (NIF)
(1) Philosophy
The NIF was established 11 years ago due to the fact that
the respect for Indigenous Knowledge Systems (IKS) was
dying. It recognises that modern medicine is of great
value, yet at the same time it is important to preserve
indigenous knowledge and shows the determination of the
Indian government to make India a global leader in
grassroots technology.
(2) Objectives
(a) To help India become a global leader in sustainable
technologies.
(b) To ensure evolution and diffusion of grassroots
innovations so as to meet the socio-economic and
environmental needs of the society.
(c) To provide support and to ensure self-reliance
through competitive innovation-based enterprises.
(d) To evolve strategies and conduct and support
research.
(e) To build links between excellence in formal
scientific systems and informal knowledge systems.
(f) To promote wider social awareness through the
educational curriculum, development policies and
programmes.
(3) Methods used
Two kinds of IKS have been recognised: Traditional
knowledge and contemporary innovations. The promotion of
IKS is encouraged. The following methods are used:
(a) Scouting and dissemination.
(b) Coverting innovation into products.
(c) Reward and compensation.
(d) Greater knowledge network.
(4) Honey Bee Project
This is a knowledge centre/network, pooling solutions
developed by people from different sectors throughout the
country and the world and creating links between informal
and formal science. This project has collected over 10
000 examples of contemporary innovations in addition to
the examples of the use of traditional local knowledge in
the sustainable management of natural and other
resources. These innovations are shared with local
communities and individuals and in other countries
through the Honey Bee newsletter, which is published in
eight different languages. This network has also created
new standards of accountability and ethics in dealing
with grassroots innovations. The formal sector is not
allowed to use this indigenous knowledge without
acknowledgement, citation and prior consent of the
individuals involved. Similarly, the documentation and
dissemination of these innovations must take place in
local languages and without exhausting the intellectual
property rights of innovative communities and
individuals.
(5) Society for Research and Initiatives for Sustainable
Technologies and Institutions (SRISTI)
SRISTI was established in 1993 to essentially sustain the
Honey Bee newsletter and associated research and action
activities.
(6) Grass Innovation Augmentation Network (GIAN)
A need exist to link IKS with modern medicine, although
at the moment there are not sufficient funds to do this.
The government, for the purpose of raising funds for IKS-
related programmes, has established the GIAN. GIAN
attempts to establish links between grassroots
innovators, entrepreneurs and investors to scale up
potential green innovations through commercial and non-
commercial channels.
(7) Recommendations to South Africa
To ensure that the development and promotion of IKS
becomes a reality, Prof Anil Gupta made the following
recommendations:
(a) Set up a National Research Foundation and promote
the following ideals: Ethics, environment,
excellence, equity, efficiency and education.
(b) Organise competitions and mobilise students to scout
on a national campaign.
(c) Use the media to achieve these aims.
(d) build upon sustainability.
(e) Make use of a micro-venture fund, which will convert
small products into huge ones.
6. Discussion on education and curriculum development
Due to the fact that primary education is a State competency,
many new models in education are being tested by different
states. Many states have accepted that education cannot
prosper without the involvement of the community. Thus, there
is a move in some states towards this approach. Village
education committees are being formed, parents being
encouraged to get involved in the education of their children.
One major problem is teacher representation. The teacher-
student ratio ranges from 1 to 40 in some cases to 1 to 100 in
others. In many instances, teachers can be teaching up to six
classes at one time. A system of students teaching other
students has been introduced to make up for the lack of
teachers in some areas. In 1970, teachers also started a
process of teaching in shifts in order to combat the problem
of the lack of teachers. In addition, use was made of
unemployed graduates (not necessarily with teacher
qualifications) who were given a training programme and paid a
third of a teacher's salary, with no benefits. The government
has not been too successful in cracking down on absenteeism of
teachers, as the unions representing these teachers are
regarded as very powerful. Both parents and students are
interviewed before students are accepted at any school. This
ensures that any problems and concerns are ironed out and also
inculcates a culture of learning by ensuring that parental
involvement in the student's education is ongoing.
(1) Funding
Scholarships are available to any student who is able to
qualify for higher education. In the state of Gujaraat,
education is free for women up to college level. The
government practices affirmative action policies, as
22,5% of the seats to the top educational institutions
are reserved for socio-economically disadvantaged
students.
Absenteeism was combatted in many schools by introducing
a system of providing free meals to students, especially
in rural areas. School attendance increased from 35% to
90%.
National literacy campaigns were conducted and
recommendations was made that the education system needed
to change in order to make students interested in
reading. In addition, it was recommended that one
vocational subject e.g. woodwork, art etc. should be
compulsory, the curriculum should be developed to
accommodate local knowledge and custom e.g. story telling
etc. and that non-formal education should compliment
formal education.
7. Interactive session with Unesco
The main objective of Unesco is to contribute to world peace
and security by promoting collaboration among nations through
education, science, culture and communication.
The New Delhi office of Unesco was established in 1948, its
main objective being to achieve basic literacy and education
for all in India.
Programmes
(1) Primary Education Project
This programme provides child-friendly education to
underprivileged children, especially girls, and focuses
on improving their attendance and performance at school.
The programme strives to enhance community participation
in education and to ensure that the community take
responsibility for the quality of school education. The
goal is to improve the motivation, self-esteem and
performance of primary school teachers and develop
interactive methods of teaching. Social factors affecting
the performance and attendance of students are also
addressed.
(2) Special Education Programme
This programme tries to bring culture to the forefront
and to ensure that the creative potential of individuals
are developed in order for them to sustain themselves.
Special projects are developed to train rural women to
use simple technics to improve the quality of their life.
(3) Special Needs Education Programme
The education of children with disabilities is of great
concern at both national and district level. All
educational institutions are charged with the
responsibility of taking care of children with
disabilities. Residential camps have been arranged, where
teachers and parents receive training on how to deal with
these children. Most children gained enormously in self-
confidence, whilst the community, in turn, was sensitised
to treat these children with dignity.
(4) Teacher Education
Programmes have been implemented to improve the quality
of teaching by providing training for teachers in,
amongst other things, information technology, management
issues, etc. Unesco has identified a need to transform
teacher education by involving the use of technology.
(5) Distance Education Programme
The aim of this programme is to improve the education
system in respect of higher and distance education by
making use of satellite-based education programmes. In
addition, an Interactive Television (ITV) Pilot Project,
aimed at training and upgrading teaching skills of
primary school teachers, has been launched in Gujarat.
(6) HIV/AIDS
In India, 3,5 million people have been diagnosed with
HIV/AIDS. An educational approach is followed in order to
create awareness in respect of this illness and
destigmatise the disease in the eyes of the public.
Projects have been launched in collaboration with NGOs to
interact with teachers and students with the objective to
raise awareness among young people on HIV/AIDS and to
promote safer sex practices.
(7) Street Children Project
Under this project, street children are being targeted
with the aim to enrol them in schools and thereby lower
the dropout rate, which vary from state to state and
range from 40% to 45% nationally. In addition, these
children are taught life skills in order to take care of
themselves later. India has the largest number of child
labour, and Unesco has highlighted the areas of concern,
and is trying to eliminate this practice with joint
programmes and activities with the relevant role-players.
In addition, children who were formerly working and are
now in school, will be coached and counselled to ensure
that they continue their education.
D. Meetings in Malaysia
1. Courtesy call to Deputy Speaker: Parliament House
The Deputy Speaker welcomed members of the delegation and gave
a brief overview of the history of Malaysia and the functions
of its Parliament.
2. Ministry of Education
The vision of the government for the year 2020 is to develop a
well-balanced student (emotionally, intellectually,
spiritually as well as physically strong individuals) in order
to ensure a world-class quality education system.
The literacy rate in Malaysia is 93,7%. Education is the
responsibility of the federal government, and the national
education system encompasses education from pre-school to
higher education. Primary and secondary education is free but
not compulsory.
A training institute for principals attached to the University
of Malaysia has been implemented. The experienced or
"excellent principals" are sent to schools identified as
problem areas in order to improve their performance. These
principals are rewarded by way of salary increments and
promotions. Due to the big schools, sessions are held both in
the morning and in the afternoon. A prefect system and parent-
teacher associations are in place to ensure that students and
parents play a role in the administration of the school.
The Curriculum Development Centre has the task to come up with
guidelines for one common curriculum for the country, to which
all schools should adhere. The aim of the government is to
engage 60% of the students of the country in the science and
technology field, whilst 40% will study the social sciences.
3. Smart School Concept
A "Smart School Concept" was implemented in conjunction with
the private sector, where use is made of technology to teach
students. This was a move to transform a culture of memory-
based, examination-orientated learning to a thinking, creative
and problem-solving culture. Greater emphasis is placed on
student-directed learning and flexibility on target-learning
activities to the specific needs and abilities of individual
students. Teachers merely facilitate education and do not
"teach" in the conventional sense. Assessment is geared to
enable students to be assessed when they are ready, thus
enabling them to graduate from school at a younger age.
4. Funding
The government funds education, although a political party
could also fund it. The government has also set up a National
Higher Education Fund to provide loans and scholarships for
deserving students.
5. Initiatives
In rural areas food programmes are implemented to ensure that
children remain in school. Students are also given free
textbooks for as long as their parents keep them in school.
There is also a great demand for pre-schools to be opened in
primary schools, especially in rural areas. The government has
also initiated programmes of distance learning as well as
adult education to facilitate the development in education,
especially in rural areas.
6. Meeting with multimedia development corporation (MDC)
MDC provides a consultancy and an advisory service to
companies to help them to become world-class competitors in
technology. Legislation has been passed in Malaysia to ensure
that technology remains the primary concern of the country. An
Internal Advisory Panel (IAP) sits annually and determines
directions for these companies.
MDC has implemented a strategy to create an ideal multimedia
environment to attract world-class competitors.
7. Vision
(1) To successfully create a multimedia super-corridor.
(2) To link MDC and other cyber cities internationally.
(3) To transform Malaysia into a knowledge society.
8. A company would have to meet the following criteria in order to
have participation status:
(1) Prove that it is a provider or heavy user of multimedia
products and services.
(2) Employ a substantial number of knowledged workers (15%)
with five years' working experience.
(3) Possess a strong value basis and specify how its
operations will contribute to the development of the MSC
and Malaysia.
(4) Establish a separate legal entity.
(5) Latch on to an MSC designated Cybercity.
(6) Comply with environmental guidelines.
The MDC plays a major role in the development and
implementation of the "Smart School Concept" by introducing IT
programmes in schools. The Minister of Education has piloted
190 Smart Schools, and has encouraged private sector and
community participation in this project. An improvement of an
average of 40% in the results of students has been observed
due to the introduction of technology into the school
curriculum.
9. Meeting with Multimedia University
This private university was established in March 1997 by
Telekom Malaysia and approved by the Cabinet to spearhead two
areas: Private higher education and multimedia education.
(1) Objective
The objective of this University is to create an
environment in which multimedia education can be
conducted in its widest sense and provides a spectrum of
teaching and research in multimedia and IT systems.
(2) Vision
The vision of the University is to ensure that every
policy implemented has to be economically viable and that
it attains world-class status without delay.
(3) Features
It boasts a multicultural, multinational campus, which
includes 40 South African students and which allows for
people from all over the world to share their ideas. All
courses are online and students can download lecture
material. It collaborates internationally. It is
supported by the private sector and is market- and
industry-driven. It promotes borderless thinking and a
creative campus environment. Student and staff are able
to set up their own companies in the National Incubator
Centre. Programmes are implemented for the development of
youth in IT.
(4) Operating Principles
(a) A standard of excellence should be maintained.
(b) Competent personnel should be employed (95% of
academic staff have masters degrees).
(c) It should be performance-orientated.
(d) Activities should be open and transparent.
(e) All courses should be cost-effective and approved by
the National Accreditation Board.
(5) Assessment of staff
Academic staff are assessed in the following areas:
(a) Teaching should be above average (assessment of
3,0).
(b) Research and supervision abilities.
(c) Staff are required to work with the private sector
in respect of consultative work.
(d) Staff are required to publish in renowned journals.
(e) They should have administrative skills.
(6) Funding
The government has implemented a National Higher
Education Fund to fund deserving students. In addition,
the University also implements programmes to collect
funds for students. The loans given to students will have
to be paid back on completion of their studies, at a 4%
interest rate, which in turn allows for more profit to be
made.
10. Meeting with National Economic Action Plan Committee
In 1997 the Malaysian economy experienced a financial crisis,
which resulted in a steep depreciation of the Ringgit and the
collapse of the stock market. As a result, the National
Economic Action Council (NEAC) was established as a
consultative body to the Cabinet, to deal with economic
problems and to restore the economy of Malaysia. The NEAC
prepared the National Economic Recovery Plan in order to
provide a comprehensive framework for economic recovery.
11. Philosophy
The NEAC promotes a mixed economic system of free enterprise,
but with active government support and direction.
12. Objectives of Recovery Plan
(1) To stabilise the Ringgit.
(2) To restore market confidence.
(3) To maintain financial market stability.
(4) To strengthen economic fundamentals (like increasing the
quality of investments and labour competitiveness).
(5) To continue with the equity and socio-economic agenda.
(6) To restore and revive adversely affected sectors.
13. Approach of government
(1) Raised interest rates to attract capital.
(2) Reduced government spending.
(3) Lower bank credit expansion.
(4) Shut down ailing firms/banks.
(5) Removed subsidies.
The result of the abovementioned approach was that Malaysia is
now experiencing a stable economy with a very low inflation
rate, positive outputs and growth. In addition, moderate tax
rates and low interest rates are the norm. It also resulted in
the expanding of trade and strong corporate restructuring.
Since 1969 the government has implemented poverty alleviation
strategies by providing basic amenities (granting free
education up to form 5, free health services, etc). In
addition, creating more jobs and privatisation of the economy
liberated the rural poor. International companies are able to
operate in Malaysia with a 10-year tax-free concession.
Although these companies do not contribute much to the
economy, they do create jobs for the Malaysians. The
government provides housing loans, and banks are instructed to
regard housing as a priority. Employees are also forced to
contribute 10% of their salary to an Employment Programme
Fund, whilst the employer contributes 11%. These savings can
only be accessed when employees reach old age or when they
need to purchase a house. In some rural areas the government
also provides water and electricity at subsidy costs, whilst
in urban areas these services are provided at market costs.
14. Meeting with Malaysian Indian Congress (MIC)
The MIC is a political party that was established in 1946 to
represent the Malaysian Indian community in the federal, state
and local governments of Malaysia.
(1) Influence in education
(a) The Maju Institute of Educational Development (MIED)
was established with the task of setting up
educational and training institutions, providing
financial assistance to students to pursue higher
education and supporting those who do not get places
locally to obtain higher education overseas.
(b) It collaborates internationally and establishes
joint ventures with nine foreign universities and
institutions.
(c) Tafe College was established to encourage urban-
based Indians to pursue higher education, especially
those from squatter settlements.
(d) It also conducts educational recovery programmes
every Saturday to strengthen the academic performance
of Indian students in high school.
(e) A Women's College was established to further the
education standards of women.
(f) They are also in the process of establishing a
private university in conjunction with the private
sector to ensure that more students are able to study
at tertiary level.
(2) Funding
It raises funds from different sources, namely from its
members, via donations as well as through lottery
earnings. Students pay back loans at 4% interest, which
also allows the MIC a profit margin of 150% per month.
Most financial assistance comes through the loan scheme,
although a bursary system does exist. It also raises
funds through investments, corporate society, etc.
The MIC holds the view that its contribution to the
education system is for the well-being of the country as
a whole and not for Indians alone. In order to promote
racial unity, these universities are not only confined to
Indian students, but are multi-cultural in nature and
adheres to the policy of government by allowing a 7-8%
quota for Indian students at the universities.
15. Meeting with BAE systems
The role of this body is to foster relationships between the
Malaysian government and relevant organisations and to provide
marketing support in respect of education, health, industrial
development and youth and sports programmes. Areas of
involvement include the following:
(1) Education
(a) It provided support to national "Smart Schools",
where the focus shifts from a teacher-centred
approach to a student-centred approach.
(b) It initiated collaboration between the British
Malaysian Institute (BMI) and the Malaysian
government to set up a vocational college. Provided
financial support and expert assistance to BMI and co-
manages the development of the present campus.
(c) It initiated collaboration with the International
Islamic University in respect of automotive and
aerospace engineering.
(d) It provided support in the form of developmental
programmes, IT training programmes and human resource
management to the new project being implemented by
the University of Sains Malaysia.
(2) Health Programmes
(a) It has initiated cardiac programmes with the
National Heart Institute and fostered similar
programmes with the UK.
(b) It works with the government to develop an
electronic hospital programme as well as a mobile
one.
(3) Industrial Development Programmes
It provides support in the development of industry and
facilitates the transfer of technology to Malaysia from
other countries.
(4) Youth and Sport Development Programmes
It supports sports programmes in conjunction with the
National Sports Council (like a series of research of
activities such as biokinetics). In addition, it supports
the Rakan Muda Aviation Camp run by the Sports Ministry,
to ensure the involvement of youth in sport.
(5) Other Programmes
Certain socio-economic programmes are linked to South
Africa.
(a) Schools Programme
BAE is in the process of providing support as well as
training to teachers of the following schools:
(i) Qisiuisan Senior secondary (KwaZulu-Natal).
(ii) Moefi Senior Secondary (North-West).
(iii) Kromhoek Junior Secondary School (Eastern
Cape).
(iv) Kwa Ntisikana Junior Secondary School
(Orlando).
(b) Public Service Programme
They are developing training programmes for SAMDI in
order to develop an institution similar to that found
in Malaysia.
BAE Systems are also in the process of discussing the
establishment of an Industrial Business Park, a
Centre for Advanced Technology and a Telehealth
programme.
16. Meeting with Majlis Amanah Rakyat (MARA)
MARA was established in 1966 and is the Council of Trust for
the Indigenous People of Malaysia, with the objective to
promote, motivate, guide, train and assist the indigenous
people of Malaysia (Bumiputeras) to enable them to participate
actively and progressively in commercial and industrial
activities. MARA is a statutory body created with the
responsibility to promote economic development. Its primary
objective is to eradicate poverty through strategies of
economic development.
(1) Vision
Its vision for the year 2020 is to strive towards
industrialism and to create and increase Bumiputera
entrepreneurship.
(2) Main Activities
It provides entrepreneurs with counselling activities and
provides a wide range of training and advisory services.
It provides small and medium businesses with finance to
start or upgrade their businesses. The credit financing
scheme provides facilities for projects operating
directly in the manufacturing field, and also caters for
the development of business infrastructure (the building
of business premises for rental to the Bumiputera
community). Rental of these businesses is almost 30% less
than the current rate. It also provides a Rural Transport
Service to fulfil the need to link remote villages with
urban centres.
(3) Other Activities
An Education and Training Programme was launched with the
ultimate aim of channelling Bumiputera students into
areas of study and skill pertinent to the world of
commerce and industry. In addition, it established
training institutes geared towards producing sufficient
skilled and semi-skilled Bumiputera human resources. It
also provides informal institutional training in selected
vocational areas pertinent to the needs of the rural
community. MARA provides students with interest-free
loans to enable them to pursue a tertiary education.
(4) Funding
These programmes are fully initiated and funded by the
government.
17. Meeting with British Malaysian Institute (BMI)
BMI is Malaysia's leading engineering institution, the result
of a partnership between the Malaysian and British
governments. The Malaysian government provides the
infrastructure and staff, whilst the British provide support
and expertise from companies such as British Airways in the
fields of engineering and technical education.
(1) Objectives
The objectives are to provide an alternative route to
higher levels of learning and training, facilitating the
transfer of modern technology and contributing towards
the prosperity of other developing communities.
BMI is in the process of providing training programmes to
South Africa in the form of the Centre for Advanced
Technology (CAT). It is proposed that three types of
programmes will be run in the CAT:
(a) Basic skills programme: Duration - three months.
(b) Artisan programmes: Duration: Two to two and a half
years.
(c) Technician/technologist programmes: Duration - one
year.
These programmes are designed to ensure that successful
applicants can become self-employed. They were developed
in line with the South African Qualifications Authority
(SAQA). In addition, successfully competent artisans can
take up higher-level posts in the industry with the
relevant training provided by BMI. This project can
accommodate 3 000 students, with a budget of 483,5
million rands over five years, and the aim is to create a
close working relationship with the local community to
ensure that most people trained are able to set up
projects to serve the community.
18. Meeting with Department of Aborigines Affairs
The indigenous people of Malaysia, the "Orang Asli", make up
0,5% of the total population. Due to geographical, social,
psychological and cultural factors, the Orang Asli has had a
low percentage of socio-economic success. For this reason, the
Department of Aborigines Affairs was established in 1953 to
look after their affairs and protect them.
The Aboriginal Act of 1954 (revised in 1974) provides for the
protection and well-being of Aborigines, and states that the
Commissioner is responsible for their development.
(1) Objectives
(a) To reduce/eradicate poverty.
(b) To improve the quality of life of the Orang Asli.
(c) To upgrade health standards.
(d) To upgrade the community to ensure that they become
self-reliant.
(e) To maintain and promote arts and culture.
(f) To ensure greater participation of the Orang Asli in
industrial and commercial sectors.
(g) To upgrade the Department as a highly creditable,
efficient and effective agency.
(2) Developmental Programmes introduced
(a) Economic Programmes - to uplift the economic status
of the Orang Asli (it includes the co-operation of
the private sector).
(b) Social Programmes - to facilitate better living
conditions and a good quality of life, and to ensure
that they become self-reliant and independent.
(c) Other Programmes:
(i) Research and information - to instil an
understanding and awareness among the Orang
Asli of government policies and a need for
education.
(ii) Human Resource Development - to provide
training facilities and increase knowledge and
skills of the youth.
(iii) Health and Medical Services - to provide good
medical services to the community.
(3) Land Reform
Policies have been implemented to compensate the Orang
Asli for their 113 000 acres of land.
(4) Staffing
A third of the staff of the Department consists of the
Orang Asli community.
(5) Language
The Orang Asli is encouraged to speak their local
language, although the children are taught in the
national language (Basha Malay) of Malaysia.
19. Meeting with Ministry of Science and Technology
The rich biological resources have given rise to a rich
cultural heritage of sustainable use amongst the indigenous
people of Malaysia. These elements are reflected in handcraft
and in the use of forest plants and animals.
The Ministry of Science and Technology has identified the
value of the protection of Indigenous Knowledge Systems and
has implemented a legal framework in this regard in order to
prevent the exploitation of such knowledge. At both national
and state level regular meetings take place to plan programmes
and strategies for the country in the promotion of research on
science and technology. The Department has recognised the role
of the local communities and the need to upgrade the standard
of living of people with indigenous knowledge. Research has
shown that pharmaceutical products produce the biggest revenue
in Malaysia. Efforts are made to protect the patent rights of
these people and to ensure that they receive their rightful
share of the benefits. In addition, this Department is also
trying to encourage the processing of ethnic medicines in a
modern way so that it can be marketed commercially.
The Ministry of Science and Technology has initiated the
following plan of action:
(1) Initiate long-term studies on demographic, genetic and
environmental variation of indigenous species.
(2) Improve the scientific knowledge base by establishing an
inventory of traditional knowledge.
(3) Encourage private sector participation through
privatisation projects.
(4) Encourage the exchange of information.
(5) Establish funding mechanisms.
20. Meeting with Malaysian Industry Government Group for High
Tech (MIGHT)
MIGHT is a governmental body with the function to examine
globalisation and its impact on Malaysia as well as the
international community in general.
The main objective of MIGHT is to develop a "high tech"
economy by harnessing new technology and to generate new
sources of economic growth. It is currently co-ordinating the
preparation of a National Action Plan that will draw up
strategies and programmes to make Malaysia an international
manufacturing, research, development and trading centre for
herbal products. At present, most of the herbal products
available in Malaysia are being imported. This situation is
unsatisfactory to the government of Malaysia, and they have
tried to remedy the situation by implementing policies to
promote this industry, increasing human resource development
in this area of expertise, developing sufficient technology
and increasing business opportunities for new and existing
players in the market. Local companies with different racial
backgrounds are chosen as key players in the development of
these products and pay a subscription fee to be part of MIGHT.
In addition, the government charges a 30% tax levy on these
businesses. The opportunities generated is huge and varied in
that it allows for the development of new and improved
products, enhancement of packaging technology, use of
technology to improve genetic materials, increase in foreign
exchange and also the creation of employment. The government
is trying to integrate traditional medicine with modern
medicine. However, in order to ensure uniformity, all
traditional healers are subject to one common Control Body,
which ensures that they are registered and have been tested by
the Ministry of Health. The government have also implemented
mechanisms to protect the patent rights of individuals to the
medicines created by them.
E. Recommendations
As regards South Africa, the Committee recommends as follows:
1. Education
(1) To intensify information technology in tertiary, secondary
as well as primary education.
(2) To intensify information technology support systems for
educators.
(3) To promote science and technology in all institutions of
learning.
(4) To promote and incorporate cultural norms and standards in
all spheres of education.
2. Sport
(1) Developmental sport should originate from school level in
order to prepare the incumbent for national and
international competition.
(2) Physical education should be a top priority for South
African schools.
(3) Emphasis should be placed on the development of sports
facilities and the promotion and facilitation of sport
activities in order to promote career pathing.
3. Arts, culture, science and technology
(1) To ensure the development and promotion of Indigenous
Knowledge Systems by building linkages between formal
scientific systems and informal knowledge systems.
(2) To promote and create strategies to ensure self-reliance
through competitive innovation-based enterprises.
MONDAY, 18 DECEMBER 2000
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
Short title of Act No 8 of 2000 and of Act No 70 of 2000:
(1) The Tourism Amendment Bill [B 3 - 2000], which was introduced
early in 2000, was passed by both Houses in March 2000. After the
President had assented to it, it became Act No 8 of 2000, with the
short title: Tourism Amendment Act, 2000.
(2) The Tourism Amendment Bill [B 50F - 99], which was introduced in
1999, was passed by both Houses in November 2000. After the
President had assented to it, it became Act No 70 of 2000, with
the short title: Tourism Second Amendment Act, 2000.
- The Speaker and the Chairperson:
(1) The Minister of Finance on 29 November 2000 submitted a draft of
the Pension Funds Amendment Bill, 2001, as well as the memorandum
explaining the objects of the proposed legislation, to the Speaker
and the Chairperson in terms of Joint Rule 159. The draft has been
referred to the Portfolio Committee on Finance and the Select
Committee on Finance by the Speaker and the Chairperson,
respectively, in accordance with Joint Rule 159(2).
- The Speaker and the Chairperson:
(1) Assent by the President of the Republic in respect of the
following Bills:
Cross-Border Insolvency Bill [B 4B - 2000] - Act No 42 of 2000
(assented to and signed by President on 8 December 2000);
Home Loan and Mortgage Disclosure Bill [B 53B - 2000] - Act No 63
of 2000 (assented to and signed by President on 8 December 2000);
and
South African Rail Commuter Corporation Limited Financial
Arrangements Bill [B 64 - 2000] - Act No 64 of 2000 (assented to
and signed by President on 8 December 2000).
- The Speaker and the Chairperson:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(1) The following paper is referred to the Portfolio Committee on
Housing and to the Select Committee on Public Services:
Report and Financial Statements of the National Housing Finance
Corporation Limited for 1999-2000.
(2) The following paper is referred to the Portfolio Committee on
Transport and to the Select Committee on Public Services:
Report and Financial Statements of the South African Civil
Aviation Authority for 1999-2000.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson: (1) Financial Statements of the Financial and Fiscal Commission and the Report of the Auditor-General on the Financial Statements of the Financial and Fiscal Commission for 1996-97.
(2) Report and Financial Statements of the Financial and Fiscal
Commission for 1998-99, including the Reports of the Auditor-
General on the Financial Statements for 1997-98 and for 1998-99.
(3) Financial Statements of the Financial and Fiscal Commission and
the Report of the Auditor-General on the Financial Statements of
the Financial and Fiscal Commission for 1999-2000.
- The Minister of Finance:
(1) Rider No 2 to the Financing Agreement between the Government of
the Republic of South Africa and the European Commission
concerning the Cato Manor Development Programme, tabled in terms
of section 231(3) of the Constitution, 1996.
(2) Project Grant Agreement Amendment Number Three between the
Government of the Republic of South Africa and the Government of
the United States of America acting through the United States
Agency for International Development for the Municipal
Infrastructure Investment Framework (MIIF) Program, tabled in
terms of section 231(3) of the Constitution, 1996.
(3) Amendment Number Two of the Bilateral Agreement between the
Government of the Republic of South Africa and the Government of
the United States of America acting through the United States
Agency for International Development for the Local Government
Support Program, tabled in terms of section 231(3) of the
Constitution, 1996.
Referred to the Portfolio Committee on Provincial and Local
Government and to the Select Committee on Local Government and
Administration.
(4) Rider No 1 to the Financing Agreement between the Government of
the Republic of South Africa and the European Commission
concerning Reinforcing South Africa's Participation in the Maize
and Wheat Improvement Research Network (MWIRNET), tabled in terms
of section 231(3) of the Constitution, 1996.
(5) Grant Agreement between the Government of the Republic of South
Africa and the Government of the United States of America acting
through the United States Agency for the Increased Commercial
Viability of Existing Small and Medium Agribusiness, tabled in
terms of section 231(3) of the Constitution, 1996.
Referred to the Portfolio Committee on Agriculture and Land
Affairs and to the Portfolio Committee on Trade and Industry.
Referred also to the Select Committee on Land and Environmental
Affairs and to the Select Committee on Economic Affairs.
(6) Bilateral Agreement between the Government of the Republic of
South Africa and the Government of the United States of America
acting through the United States Agency for International
Development on Skills Development, tabled in terms of section
231(3) of the Constitution, 1996.
Referred to the Portfolio Committee on Labour and to the Select
Committee on Labour and Public Enterprises.
(7) Grant Agreement between the Government of the Republic of South
Africa and the Government of the United States of America acting
through the United States Agency for International Development on
Fiscal Management of Urban Environmental Infrastructure, tabled in
terms of section 231(3) of the Constitution, 1996.
Referred to the Portfolio Committee on Environmental Affairs and
Tourism and to the Portfolio Committee on Provincial and Local
Government. Referred also to the Select Committee on Land and
Environmental Affairs and to the Select Committee on Local
Government and Administration.
(8) Grant Agreement Amendment Number Four between the Government of
the Republic of South Africa and the Government of the United
States of America acting through the United States Agency for
International Development for the Primary Education Results
Package (formerly the South Africa Basic Education Reconstruction
Project), tabled in terms of section 231(3) of the Constitution,
1996.
(9) Project Grant Agreement Amendment Number Five between the
Government of the Republic of South Africa and the Government of
the United States of America acting through the United States
Agency for International Development for the Tertiary Education
Linkages Project, tabled in terms of section 231(3) of the
Constitution, 1996.
(10) Grant Agreement Amendment Number Three between the Government of
the Republic of South Africa and the Government of the United
States of America acting through the United States Agency for
International Development for the Support to Tertiary Education
Project, tabled in terms of section 231(3) of the Constitution,
1996.
Referred to the Portfolio Committee on Education and to the Select
Committee on Education and Recreation.
(11) Grant Agreement Amendment Number Three between the Government of
the Republic of South Africa and the Government of the United
States of America acting through the United States Agency for
International Development for the Support for Economic Growth and
Analysis and Mandela Economics Scholars Program, tabled in terms
of section 231(3) of the Constitution, 1996.
Referred to the Portfolio Committee on Finance and to the
Portfolio Committee on Education. Referred also to the Select
Committee on Finance and to the Select Committee on Education and
Recreation.
(12) Project Grant Agreement Amendment Number Three between the
Government of the Republic of South Africa acting through the
Ministry of Health and the Government of the United States of
America acting through the United States Agency for International
Development for the Equity in Integrated Primary Health Care
Project, tabled in terms of section 231(3) of the Constitution,
1996.
Referred to the Portfolio Committee on Health and to the Select
Committee on Social Services.
(13) Project Grant Agreement Amendment Number Three between the
Government of the Republic of South Africa acting through the
Ministry of Health and the Government of the United States of
America acting through the United States Agency for International
Development for the Institutional Development Program under the
Shelter and Urban Development Support Project (SUDS) and
Environmentally Sustainable Housing and Urban Development Project
(ESHUD), tabled in terms of section 231(3) of the Constitution,
1996.
Referred to the Portfolio Committee on Housing and to the Select
Committee on Public Services.
(14) Project Grant Agreement Amendment Number Five between the
Government of the Republic of South Africa and the Government of
the United States of America acting through the United States
Agency for International Development for the Administration of
Justice Project, tabled in terms of section 231(3) of the
Constitution, 1996.
Referred to the Portfolio Committee on Justice and Constitutional
Development and to the Select Committee on Security and
Constitutional Affairs.
(15) Government Notice No R.1112 published in Government Gazette No
21726 dated 8 November 2000, Regulations relating to banks, made
in terms of section 90 of the Banks Act, 1990 (Act No 94 of 1990).
(16) Government Notice No R.1149 published in Government Gazette No
21751 dated 10 November 2000, Amendment of the Rules of the
Government Employees Pension Fund Law, 1996, made in terms of
section 29 and 6A of the Government Employees Pension Law, 1996
(Proclamation 21 of 1996).
Referred to the Portfolio Committee on Finance and to the Select
Committee on Finance.
- The Minister of Environmental Affairs and Tourism:
Government Notice No 4477 published in Government Gazette No 21778
dated 24 November 2000, Establishment of the Greater St Lucia Wetland
Park and Authority, made in terms of the World Heritage Conservation
Act, 1999 (Act No 49 of 1999).
MONDAY, 22 JANUARY 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The following Bills have been introduced in the National
Assembly since 1 January 2001 and referred to the Joint Tagging
Mechanism (JTM) for classification in terms of Joint Rule 160:
(i) Financial Intelligence Centre Bill [B 1 - 2001] (National
Assembly - sec 75) - (Portfolio Committee on Finance -
National Assembly) (introduced on 8 January 2001) [Explanatory
summary of Bill and prior notice of its introduction published
in Government Gazette No 21513 of 29 August 2000.]
(ii) South African Sports Commission Amendment Bill [B 2 -
2001] (National Assembly - sec 75) - (Portfolio Committee on
Sport and Recreation - National Assembly) (introduced on 22
January 2001) [Explanatory summary of Bill and prior notice of
its introduction published in Government Gazette No 21549 of
15 September 2000.]
(2) The Minister of Finance on 11 January 2001 submitted a draft of
the Pension Funds Second Amendment Bill, 2001, and the memorandum
explaining the objects of the proposed legislation, to the Speaker
and the Chairperson in terms of Joint Rule 159. The draft has been
referred by the Speaker and the Chairperson to the Portfolio
Committee on Finance and the Select Committee on Finance,
respectively, in accordance with Joint Rule 159(2).
- The Speaker and the Chairperson:
The following papers were tabled on 18 December 2000 and are now
referred to the relevant committees as mentioned below:
(1) The following papers are referred to the Standing Committee on
Public Accounts for consideration and report. They are also
referred to the Portfolio Committee on Finance and the Select
Committee on Finance for information:
(a) Financial Statements of the Financial and Fiscal
Commission and the Report of the Auditor-General on the
Financial Statements of the Financial and Fiscal Commission
for 1996-97.
(b) Financial Statements of the Financial and Fiscal
Commission and the Report of the Auditor-General on the
Financial Statements of the Financial and Fiscal Commission
for 1999-2000.
(2) The following paper is referred to the Portfolio Committee on
Finance and the Select Committee on Finance. The reports of the
Auditor-General contained in the following paper are referred to
the Standing Committee on Public Accounts for consideration and
report:
Report and Financial Statements of the Financial and Fiscal
Commission and the Reports of the Auditor-General on the Financial
Statements for 1997-98 and for 1998-99.
(3) The following paper is referred to the Portfolio Committee on
Environmental Affairs and Tourism and the Select Committee on Land
and Environmental Affairs:
Government Notice No 4477 published in Government Gazette No 21778
dated 24 November 2000, Establishment of the Greater St Lucia
Wetland Park and Authority, made in terms of the World Heritage
Conservation Act, 1999 (Act No 49 of 1999).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
(1) Report and Financial Statements of the Special Investigating
Unit for 1999-2000, including the Report of the Auditor-General on
the Financial Statements for 1999-2000.
(2) Report and Financial Statements of the Pan South African
Language Board for 1999-2000.
TUESDAY, 23 JANUARY 2001
TABLINGS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) Report of the Auditor-General on the Financial Statements of the
Truth and Reconciliation Commission for 1999-2000 [RP 180-2000].
(2) Interim Report of the Auditor-General on Transversal
Environmental Audit of certain aspects of Freshwater Resources and
Water Services [RP 181-2000].
(3) Performance Audit Report of the Auditor-General completed at the
Public Investment Commissioners [RP 172-2000].
(4) Report of the Auditor-General on the Financial Statements of the
South African Human Rights Commission for 1999-2000 [RP 187-2000].
(5) Report of the Auditor-General on the Financial Statements of the
South African Medical Research Council for 1999-2000 [RP 177-
2000].
(6) Report of the Auditor-General on the Financial Statements of the
Meat Board for 1998 [RP 186-2000].
THURSDAY, 25 JANUARY 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
The following Bill was introduced in the National Assembly on 25
January 2001 and referred to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160:
Unemployment Insurance Bill [B 3 - 2001] (National Assembly - sec
75) - (Portfolio Committee on Labour - National Assembly)
[Explanatory summary of Bill and prior notice of its introduction
published in Government Gazette No 21563 of 11 September 2000.]
- The Speaker and the Chairperson:
The following papers were tabled on 22 January 2001 and are now
referred to the relevant committees as mentioned below:
(1) The following paper is referred to the Portfolio Committee on
Justice and Constitutional Development and to the Select Committee
on Security and Constitutional Affairs. The Report of the Auditor-
General contained in the following paper is referred to the
Standing Committee on Public Accounts for consideration and
report:
Report and Financial Statements of the Special Investigating Unit
for 1999-2000, including the Report of the Auditor-General on the
Financial Statements for 1999-2000.
(2) The following paper is referred to the Portfolio Committee on
Arts, Culture, Science and Technology and to the Select Committee
on Education and Recreation:
Report and Financial Statements of the Pan South African Language
Board for 1999-2000.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Trade and Industry:
Report and Financial Statements of Khula Enterprise Finance Limited for
1999-2000.
- The Minister for Agriculture and Land Affairs:
Report and Financial Statements of the South African Veterinary Council
for 1999-2000.
WEDNESDAY, 31 JANUARY 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
The following papers were tabled and are now referred to the relevant
committees as mentioned below:
(1) The following papers are referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Justice and Constitutional
Development and the Select Committee on Security and
Constitutional Affairs for information:
(a) Report of the Auditor-General on the Financial Statements
of the Truth and Reconciliation Commission for 1999-2000 [RP
180-2000].
(b) Report of the Auditor-General on the Financial Statements
of the South African Human Rights Commission for 1999-2000 [RP
187-2000].
(2) The following paper is referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Environmental Affairs and Tourism,
the Portfolio Committee on Water Affairs and Forestry and the
Select Committee on Land and Environmental Affairs for
information:
Interim Report of the Auditor-General on Transversal Environmental
Audit of certain aspects of Freshwater Resources and Water
Services [RP 181-2000].
(3) The following paper is referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Finance and the Select Committee on
Finance for information:
Performance Audit Report of the Auditor-General completed at the
Public Investment Commissioners [RP 172-2000].
(4) The following paper is referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Health and the Select Committee on
Social Services for information:
Report of the Auditor-General on the Financial Statements of the
South African Medical Research Council for 1999-2000 [RP 177-
2000].
(5) The following papers are referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Agriculture and Land Affairs and the
Select Committee on Land and Environmental Affairs for
information:
(a) Report of the Auditor-General on the Financial Statements
of the Meat Board for 1998 [RP 186-2000].
(b) Report and Financial Statements of the South African
Veterinary Council for 1999-2000.
(6) The following paper is referred to the Portfolio Committee on
Trade and Industry and the Select Committee on Economic Affairs:
Report and Financial Statements of Khula Enterprise Finance
Limited for 1999-2000.
National Council of Provinces:
- The Chairperson:
The vacancy in the representation of the Province of the Eastern Cape,
which occurred owing to the resignation of Mr P G Qokweni with effect
from 1 September 2000, has been filled with effect from 26 January 2001
by the appointment of the following member:
Sogoni, H T.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
(1) Reports of the Auditor-General on the -
(a) Findings identified during an Audit of the Salary Bill at
National and Provincial Departments [RP 163-2000].
(b) Financial Statements of the President's Fund for 1998-99
[RP 179-2000].
(c) Financial Statements of the Compensation Fund for 1996-97,
1997-98 and 1998-99 [RP 185-2000].
(d) Financial Records of the Special Pension Board for the
period 1 December 1996 to 31 March 1999.
(e) Financial Statements of the Maize Board for 1999-2000 [RP
192-2000].
(2) The Human Rights Commission's Second Economic and Social Rights
Report for 1998-1999.
- The Minister of Arts, Culture, Science and Technology:
Report and Financial Statements of the South African Council for
Natural Scientific Professions for 1999-2000.
- The Minister of Trade and Industry:
Report of the Department of Trade and Industry for 1998-99 [RP 178-
2000].
Referred to the Portfolio Committee on Trade and Industry and the
Select Committee on Economic Affairs.
- The Minister for Justice and Constitutional Development:
(1) Government Notice No R.1426 published in Government Gazette No
21939 dated 22 December 2000, Determination of Magistrates'
salaries for the purpose of the Magistrates' Act, 1993, made in
terms of section 12(1) of the Magistrates' Act, 1993 (Act No 90 of
1993).
(2) Proclamation No R.77 published in Government Gazette No 21891
dated 12 December 2000, Remuneration of Judges, made in terms of
sections 2 and 10A(1) of the Judges' Remuneration and Conditions
of Employment Act, 1989 (Act No 88 of 1989).
(3) Proclamation No R.78 published in Government Gazette No 21891
dated 12 December 2000, Remuneration of Judges, made in terms of
section 2(2)(a) of the Judges' Remuneration and Conditions of
Employment Act, 1989 (Act No 27 of 1989) (Bophuthatswana).
(4) Proclamation No R.79 published in Government Gazette No 21891
dated 12 December 2000, Remuneration of Judges, made in terms of
sections 2 of the Judges' Remuneration and Conditions of Service
Decree, 1990 (Decree No 19 of 1990).
(5) Proclamation No R.73 published in Government Gazette No 21806
dated 29 November 2000, Commencement of the Promotion of
Administrative Justice Act, 2000 (Act No 3 of 2000) with the
exception of sections 4 and 10, made in terms of section 11 of the
Promotion of Administrative Justice Act, 2000 (Act No 3 of 2000).
(6) Government Notice No R.1297 published in Government Gazette No
21814 dated 29 November 2000, Determination of salaries of Deputy
Directors of Public Prosecutions and Prosecutors for the purposes
of the National Prosecuting Authority Act, 1998, made in terms of
section 18(1) of the National Prosecuting Authority Act.
(7) Proclamation No R.68 published in Government Gazette No 21732
dated 10 November 2000, Amendment of Proclamations issued under
the Special Investigating and Special Tribunals Act, 1996, made in
terms of section 2(4) of the Special Investigating and Special
Tribunals Act, 1996 (Act No 74 of 1996).
(8) Proclamation No R.69 published in Government Gazette No 21742
dated 10 November 2000, Referral of matters to existing Special
Investigating Unit and Special Tribunal, made in terms of section
2(2) of the Special Investigating and Special Tribunals Act, 1996
(Act No 74 of 1996).
(9) Proclamation No R.66 published in Government Gazette No 21700
dated 1 November 2000, Commencement of the Recognition of the
Customary Marriages Act, 1998, made in terms of section 14 of the
Recognition of the Customary Marriages Act, 1998 (Act No 120 of
1998).
(10) Government Notice No R.1101 published in Government Gazette No
21700 dated 1 November 2000, Regulations relating to the
Recognition of the Customary Marriages Act, 1998, made in terms of
section 11 of the Recognition of the Customary Marriages Act, 1998
(Act No 120 of 1998).
(11) Government Notice No R.1110 published in Government Gazette No
21719 dated 3 November 2000, Amendment to the determination of
Professional Controlling Body in terms of section 1 and
designation of a body for purposes of section 5 of the Contingency
Fees Act, 1997 (Act No 66 of 1997).
- The Minister of Health:
(1) Proclamation No R.59 published in Government Gazette No 21610
dated 29 September 2000, Commencement of the Tobacco Products
Control Amendment Act, 2000, made in terms of section 11 of the
Tobacco Products Control Amendment Act, 1999 (Act No 12 of 1999).
(2) Government Notice No R.975 published in Government Gazette No
21610 dated 29 September 2000, Notice relating to smoking of
tobacco products in public places, made in terms of section 2 of
the Tobacco Products Control Amendment Act, 1999 (Act No 12 of
1999).
(3) Government Notice No R.974 published in Government Gazette No
21610 dated 29 September 2000, Notice relating to the maximum
permissible yield of tar, nicotine and other constituents in
tobacco products, made in terms section 3A of the Tobacco Products
Control Act, 1993 (Act No 83 of 1993).
(4) Government Notice No R.976 published in Government Gazette No
21610 dated 29 September 2000, Regulations relating to the point
of sale of tobacco products, made in terms of section 3 and 6(1)
of the Tobacco Products Control Act, 1993 (Act No 83 of 1993).
(5) Government Notice No R.977 published in Government Gazette No
21610 dated 29 September 2000, Regulations relating to provision
for exemption for unintended consequences and phasing out of
existing sponsorship contractual obligations, made in terms of
section 3(5) and 6(1) of the Tobacco Products Control Act, 1993
(Act No 83 of 1993).
(6) Government Notice No R.1052 published in Government Gazette No
21671 dated 27 October 2000, Amendment of regulations relating to
milk and dairy products, made in terms of section 15(1) of the
Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No 54 of
1972).
(7) Government Notice No R.1108 published in Government Gazette No
21711 dated 3 November 2000, Amendment of regulations defining the
scope of profession of optical dispensing, made in terms of
section 33(1) of the Health Professions Council of South Africa
Act, 1974 (Act No 56 of 1974).
(8) Government Notice No R.1109 published in Government Gazette No
21712 dated 3 November 2000, Designation of facilities for the
surgical termination of pregnancies, made in terms of section 3 of
the Choice on Termination of Pregnancy Act, 1996 (Act No 92 of
1996).
(9) Government Notice No R.1150 published in Government Gazette No
21736 dated 17 November 2000, Regulations defining the scope of
profession of oral hygiene, made in terms of 33(1) of the Health
Professions Council of South Africa Act, 1974 (Act No 56 of 1974).
(10) Proclamation No R.70 published in Government Gazette No 21754
dated 20 November 2000, Commencement of sections 12, 13, 14, 15,
16, 17, 18, 19, 20, 24, 27, 29 and 30 of the Pharmacy Amendment
Act, 1997, made in terms of section 46 of the Pharmacy Amendment
Act, 1997 (Act No 88 of 1997).
(11) Government Notice No 1154 published in Government Gazette No
21754 dated 20 November 2000, Date of commencement of regulations
relating to performance of pharmaceutical community service and
community service, made in terms of regulation 2 of Regulations
relating to the performance of Pharmaceutical Community Service.
(12) Government Notice No 1155 published in Government Gazette No
21754 dated 20 November 2000, List of approved health facilities
for the purposes of performing community service by pharmacists in
the year 2000, made in terms of regulation 2 of Regulations
relating to the performance of Pharmaceutical Community Service.
(13) Government Notice No 1156 published in Government Gazette No
21754 dated 20 November 2000, Regulations for the pharmacy
education and training, made in terms of section 33 and 34 of the
Pharmacy Act, 1974 (Act No 53 of 1974).
(14) Government Notice No 1157 published in Government Gazette No
21754 dated 20 November 2000, Regulations relating to the
performance of pharmaceutical community service, made in terms of
section 14 and 14A of the Pharmacy Act, 1974 (Act No 53 of 1974).
(15) Government Notice No 1158 published in Government Gazette No
21754 dated 20 November 2000, Regulating relating to the practice
of pharmacy, made in terms of section 35A of the Pharmacy Act,
1974 (Act No 53 of 1974).
(16) Government Notice No 1159 published in Government Gazette No
21754 dated 20 November 2000, Regulations relating to the
management of a person registered in terms of the Pharmacy Act,
1974, unfit to practise for reasons other than unprofessional
conduct, made in terms of sections 4, 38 and 49(1)(q) of the
Pharmacy Act, 1974 (Act No 53 of 1974).
(17) Government Notice No 1160 published in Government Gazette No
21754 dated 20 November 2000, Regulations relating to registration
of persons and the maintenance of register, made in terms of
section 14 of the Pharmacy Act, 1974 (Act No 53 of 1974).
(18) Government Notice No R.1198 published in Government Gazette No
21792 dated 28 November 2000, Regulations relating to examination
for medical practitioners and dentists who have applied for
registration in terms of section 26 of the Health Professions
Council of South Africa Act, 1974 (Act No 56 of 1974).
(19) Government Notice No R.1199 published in Government Gazette No
21792 dated 28 November 2000, Regulations relating to examination
for medical practitioners and dentists applying for exemption from
the restriction relating to their registration, made in terms of
section 61(5) of the Health Professions Council of South Africa
Act, 1974 (Act No 56 of 1974).
(20) Government Notice No R.1200 published in Government Gazette No
21792 dated 28 November 2000, Regulations relating to registration
of persons as general practitioners and family physicians in
medicine, made in terms of section 24 of the Health Professions
Council of South Africa Act, 1974 (Act No 56 of 1974).
(21) Government Notice No R.1201 published in Government Gazette No
21792 dated 28 November 2000, Regulations relating to registration
of persons as general practitioners in dentistry, made in terms of
section 24 of the Health Professions Council of South Africa Act,
1974 (Act No 56 of 1974).
(22) Government Notice No R.1203 published in Government Gazette No
21792 dated 28 November 2000, Regulations relating to registration
of persons who qualified outside South Africa as interns, medical
practitioners or dentists, made in terms of section 25 of the
Health Professions Council of South Africa Act, 1974 (Act No 56 of
1974).
(23) Government Notice No 1308 published in Government Gazette No
21825 dated 1 December 2000, Chiropractors, Homeopaths and Allied
Health Service Professions Second Amendment Act, 2000 (Act No 50
of 2000).
(24) Government Notice No R.1321 published in Government Gazette No
21830 dated 8 December 2000, Correction notice to the regulations
relating to the Pharmacy Education and Training (R.1156 of 20
November 2000), made in terms of the Pharmacy Act, 1974 (Act No 53
of 1974).
(25) Government Notice No R.1348 published in Government Gazette No
21873 dated 12 January 2001, Regulations in terms of
Chiropractors, Homeopaths and Allied Health Service Professions
Second Amendment Act, 1982 (Act No 63 of 1982).
(26) Government Notice No R.1353 published in Government Gazette No
21879 dated 15 December 2000, in terms of the National Health
Laboratory Service Act, 2000 (Act No 37 of 2000).
(27) Government Notice No R.1362 published in Government Gazette No
21868 dated 15 December 2000, Annual Fees payable to the Council,
made in terms of section 49 of the Dental Technicians Act, 1979
(Act No 19 of 1979).
(28) Government Notice No R.1363 published in Government Gazette No
21868 dated 15 December 2000, Regulations relating to registration
of dental laboratories and related matters, made in terms of
section 50 of the Dental Technicians Act, 1979 (Act No 19 of
1979).
(29) Government Notice No R.1405 published in Government Gazette No
21910 dated 22 December 2000, Amendment to the rules specifying
the acts or omissions in respect of which disciplinary steps may
be taken by a professional board and council, made in terms of
section 49(2) of the Health Professions Act, 1974 (Act No 56 of
1974).
National Council of Provinces:
- The Chairperson:
President of the Republic submitted the following letter, dated 11
January 2001, to the Chairperson of the National Council of Provinces
Speaker informing Parliament of the employment of the South African
National Defence Force:
Dear Madam Chairperson
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE IN COMPLIANCE
WITH THE INTERNATIONAL OBLIGATIONS OF THE REPUBLIC OF SOUTH AFRICA
TOWARDS THE UNITED NATIONS ORGANISATION AND THE ORGANISATION OF AFRICAN
UNITY
This serves to inform the National Council of Provinces that I
authorised the employment of South African National Defence Force
(SANDF) personnel to fulfil the international obligations of the
Republic of South Africa towards the UN and OAU Mission in Ethiopia and
Eritrea (UNMEE and OLMEE).
This employment was authorised in accordance with the provisions of
Section 82(4)(b)(ii) read with Section 227(1)(d) of the Constitution of
the Republic of South Africa, 1993 (Act No. 200 of 1993), [which
Sections continue to be in force in terms of Item 24(1) of Schedule 6
to the Constitution of the Republic of South Africa, 1996 (Act No. 108
of 1996)], read further with Section 3(2)(a)(v) of the Defence Act,
1957 (Act No. 44 of 1957).
A total of 12 personnel will be deployed to Ethiopia and Eritrea as
follows:
(a) UNMEE- 10 x UN Observers/Staff Officers
(b) OLMEE- 2 x Military Liaison Officers
The SANDF members will be deployed for a total of two years with a
rotation of all personnel after six months.
The expected costs for the deployment of personnel to the mission area
are as follows:
A. ERITREA
Costs per person per year are as follows:
i. US$2 409.00 special daily allowance.
ii. R7 592 standby allowance.
iii. R2 401.70 danger allowance.
iv. R3 598.90 special danger allowance.
v. The total cost of one person deployed to Eritrea for one year
amounts to R34 117.28. Calculations are based on an exchange
rate of R7.52 to the US$ and include the special danger
allowance.
B. ETHIOPIA
Costs per person per year are as follows:
i. US$7 665.00 special daily allowance.
ii. R7 592 standby allowance.
iii. R2 401.70 danger allowance.
iv. R3 598.90 special danger allowance (if confirmed).
v. The total cost of one person deployed to Ethiopia for one year
amounts to R78 898.40. Calculations are based on an exchange
rate of R7.52 to the US$ and include the special danger
allowance.
Other costs to be incurred are as follows:
(a) 4 x 4 vehicle driver orientation courseR56 000.00 (Allows for
training of rotation personnel also)
(b) Stationery required for mobilisation every six months R1 000.00
(c) Rations during mobilisationR1 600.00
(d) Subsistence and travel during mobilisationR32 000.00
(e) Immunisation of initial and subsequent groupsR12 000.00
(f) Photographs for passportsR1 000.00
(g) Uniforms and personal equipmentR192 000.00
(h) Rotation every six months- air tickets for own cost (24 return
tickets)R144 000.00
(i) Provision for eight one-week visits over two years
Four return ticketsR48 000.00
Daily allowance @ US$70.00 per dayR28 224.00
Hotel costs @ US$120.00 per dayR48 384.00
TOTAL ADDITIONAL COSTSR564 208.00
TOTAL COST FOR TWO-YEAR DEPLOYMENT
The total cost of a two-year deployment amounts to:
(a) 9 x members to EthiopiaR1 420 171.20
(b) 3 x members to EritreaR204 703.68
(c) Additional costs for mobilisation, equipping, rotation, S&T,
staff visits, etc R564 208.00
Total Expense for Participation:R2 189 082.88
The Department of Defence is responsible for the costs of this
Deployment.
I will also communicate this report to the National Assembly, and wish
to request that you bring the contents of this report to the notice of
Members of the National Council of Provinces.
Regards
T M MBEKI
MONDAY, 5 FEBRUARY 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
-
The Speaker and the Chairperson: (1) The Minister of Water Affairs and Forestry on 24 January 2001 submitted a draft of the National Forest and Fire Laws Amendment Bill, 2001, and the memorandum explaining the objects of the proposed legislation, to the Speaker and the Chairperson in terms of Joint Rule 159. The draft has been referred by the Speaker and the Chairperson to the Portfolio Committee on Water Affairs and Forestry and the Select Committee on Land and Environmental Affairs, respectively, in accordance with Joint Rule 159(2). (2) The Minister of Correctional Services on 25 January 2001 submitted a draft of the Correctional Services Amendment Bill, 2001, and the memorandum explaining the objects of the proposed legislation, to the Speaker and the Chairperson in terms of Joint Rule 159. The draft has been referred by the Speaker and the Chairperson to the Portfolio Committee on Correctional Services and the Select Committee on Security and Constitutional Affairs, respectively, in accordance with Joint Rule 159(2).
-
The Speaker and the Chairperson:
The following papers were tabled and are now referred to the relevant
committees as mentioned below:
(1) The following paper is referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Public Service and Administration
and the Select Committee on Local Government and Administration:
Report of the Auditor-General on the Findings identified during an
Audit of the Salary Bill at National and Provincial Departments
[RP 163-2000].
(2) The following paper is referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Justice and Constitutional
Development and the Select Committee on Security and
Constitutional Affairs:
Report of the Auditor-General on the Financial Statements of the
President's Fund for 1998-99 [RP 179-2000].
(3) The following paper is referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Labour and the Select Committee on
Labour and Public Enterprises:
Report of the Auditor-General on the Financial Statements of the
Compensation Fund for 1996-97, 1997-98 and 1998-99 [RP 185-2000].
(4) The following paper is referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Finance and the Select Committee on
Finance:
Report of the Auditor-General on the Financial Records of the
Special Pension Board for the period 1 December 1996 to 31 March
1999.
(5) The following paper is referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Agriculture and Land Affairs and the
Select Committee on Land and Environmental Affairs:
Report of the Auditor-General on the Financial Statements of the
Maize Board for 1999-2000 [RP 192-2000].
(6) The following papers are referred to the Portfolio Committee on
Justice and Constitutional Development, the Select Committee on
Security and Constitutional Affairs and the Joint Monitoring
Committee on Improvement of Quality of Life and Status of Women:
(a) Proclamation No R.66 published in Government Gazette No
21700 dated 1 November 2000, Commencement of the Recognition
of the Customary Marriages Act, 1998, made in terms of section
14 of the Recognition of the Customary Marriages Act, 1998
(Act No 120 of 1998).
(b) Government Notice No R.1101 published in Government
Gazette No 21700 dated 1 November 2000, Regulations relating
to the Recognition of the Customary Marriages Act, 1998, made
in terms of section 11 of the Recognition of the Customary
Marriages Act, 1998 (Act No 120 of 1998).
(7) The following papers are referred to the Portfolio Committee on
Justice and Constitutional Development and the Select Committee on
Security and Constitutional Affairs:
(a) Government Notice No R.1110 published in Government
Gazette No 21719 dated 3 November 2000, Amendment to the
determination of Professional Controlling Body in terms of
section 1 and designation of a body for purposes of section 5
of the Contingency Fees Act, 1997 (Act No 66 of 1997).
(b) Government Notice No R.1426 published in Government
Gazette No 21939 dated 22 December 2000, Determination of
Magistrates' salaries for the purpose of the Magistrates' Act,
1993, made in terms of section 12(1) of the Magistrates' Act,
1993 (Act No 90 of 1993).
(c) Proclamation No R.77 published in Government Gazette No
21891 dated 12 December 2000, Remuneration of Judges, made in
terms of sections 2 and 10A(1) of the Judges' Remuneration and
Conditions of Employment Act, 1989 (Act No 88 of 1989).
(d) Proclamation No R.78 published in Government Gazette No
21891 dated 12 December 2000, Remuneration of Judges, made in
terms of section 2(2)(a) of the Judges' Remuneration and
Conditions of Employment Act, 1989 (Act No 27 of 1989)
(Bophuthatswana).
(e) Proclamation No R.79 published in Government Gazette No
21891 dated 12 December 2000, Remuneration of Judges, made in
terms of sections 2 of the Judges' Remuneration and Conditions
of Service Decree, 1990 (Decree No 19 of 1990).
(f) Proclamation No R.73 published in Government Gazette No
21806 dated 29 November 2000, Commencement of the Promotion of
Administrative Justice Act, 2000 (Act No 3 of 2000) with the
exception of sections 4 and 10, made in terms of section 11 of
the Promotion of Administrative Justice Act, 2000 (Act No 3 of
2000).
(g) Government Notice No R.1297 published in Government
Gazette No 21814 dated 29 November 2000, Determination of
salaries of Deputy Directors of Public Prosecutions and
Prosecutors for the purposes of the National Prosecuting
Authority Act, 1998, made in terms of section 18(1) of the
National Prosecuting Authority Act.
(h) Proclamation No R.68 published in Government Gazette No
21732 dated 10 November 2000, Amendment of Proclamations
issued under the Special Investigating and Special Tribunals
Act, 1996, made in terms of section 2(4) of the Special
Investigating and Special Tribunals Act, 1996 (Act No 74 of
1996).
(i) Proclamation No R.69 published in Government Gazette No
21742 dated 10 November 2000, Referral of matters to existing
Special Investigating Unit and Special Tribunal, made in terms
of section 2(2) of the Special Investigating and Special
Tribunals Act, 1996 (Act No 74 of 1996).
(8) The following papers are referred to the Portfolio Committee on
Health and to the Select Committee on Social Services:
(a) Proclamation No R.59 published in Government Gazette No 21610
dated 29 September 2000, Commencement of the Tobacco Products
Control Amendment Act, 2000, made in terms of section 11 of
the Tobacco Products Control Amendment Act, 1999 (Act No 12 of
1999).
(b) Government Notice No R.975 published in Government Gazette
No 21610 dated 29 September 2000, Notice relating to smoking
of tobacco products in public places, made in terms of section
2 of the Tobacco Products Control Amendment Act, 1999 (Act No
12 of 1999).
(c) Government Notice No R.974 published in Government Gazette
No 21610 dated 29 September 2000, Notice relating to the
maximum permissible yield of tar, nicotine and other
constituents in tobacco products, made in terms section 3A of
the Tobacco Products Control Act, 1993 (Act No 83 of 1993).
(d) Government Notice No R.976 published in Government Gazette
No 21610 dated 29 September 2000, Regulations relating to the
point of sale of tobacco products, made in terms of section 3
and 6(1) of the Tobacco Products Control Act, 1993 (Act No 83
of 1993).
(e) Government Notice No R.977 published in Government Gazette
No 21610 dated 29 September 2000, Regulations relating to
provision for exemption for unintended consequences and
phasing out of existing sponsorship contractual obligations,
made in terms of section 3(5) and 6(1) of the Tobacco Products
Control Act, 1993 (Act No 83 of 1993).
(f) Government Notice No R.1052 published in Government
Gazette No 21671 dated 27 October 2000, Amendment of
regulations relating to milk and dairy products, made in terms
of section 15(1) of the Foodstuffs, Cosmetics and
Disinfectants Act, 1972 (Act No 54 of 1972).
(g) Government Notice No R.1108 published in Government
Gazette No 21711 dated 3 November 2000, Amendment of
regulations defining the scope of profession of optical
dispensing, made in terms of section 33(1) of the Health
Professions Council of South Africa Act, 1974 (Act No 56 of
1974).
(h) Government Notice No R.1109 published in Government
Gazette No 21712 dated 3 November 2000, Designation of
facilities for the surgical termination of pregnancies, made
in terms of section 3 of the Choice on Termination of
Pregnancy Act, 1996 (Act No 92 of 1996).
(i) Government Notice No R.1150 published in Government
Gazette No 21736 dated 17 November 2000, Regulations efining
the scope of profession of oral hygiene, made in terms of
33(1) of the Health Professions Council of South Africa Act,
1974 (Act No 56 of 1974).
(j) Proclamation No R.70 published in Government Gazette No
21754 dated 20 November 2000, Commencement of sections 12, 13,
14, 15, 16, 17, 18, 19, 20, 24, 27, 29 and 30 of the Pharmacy
Amendment Act, 1997, made in terms of section 46 of the
Pharmacy Amendment Act, 1997 (Act No 88 of 1997).
(k) Government Notice No 1154 published in Government Gazette
No 21754 dated 20 November 2000, Date of commencement of
regulations relating to performance of pharmaceutical
community service and community service, made in terms of
regulation 2 of Regulations relating to the performance of
Pharmaceutical Community Service.
(l) Government Notice No 1155 published in Government Gazette
No 21754 dated 20 November 2000, List of approved health
facilities for the purposes of performing community service by
pharmacists in the year 2000, made in terms of regulation 2 of
Regulations relating to the performance of Pharmaceutical
Community Service.
(m) Government Notice No 1156 published in Government Gazette
No 21754 dated 20 November 2000, Regulations for the pharmacy
education and training, made in terms of section 33 and 34 of
the Pharmacy Act, 1974 (Act No 53 of 1974).
(n) Government Notice No 1157 published in Government Gazette
No 21754 dated 20 November 2000, Regulations relating to the
performance of pharmaceutical community service, made in terms
of section 14 and 14A of the Pharmacy Act, 1974 (Act No 53 of
1974).
(o) Government Notice No 1158 published in Government Gazette
No 21754 dated 20 November 2000, Regulating relating to the
practice of pharmacy, made in terms of section 35A of the
Pharmacy Act, 1974 (Act No 53 of 1974).
(p) Government Notice No 1159 published in Government Gazette
No 21754 dated 20 November 2000, Regulations relating to the
management of a person registered in terms of the Pharmacy
Act, 1974, unfit to practise for reasons other than
unprofessional conduct, made in terms of sections 4, 38 and
49(1)(q) of the Pharmacy Act, 1974 (Act No 53 of 1974).
(q) Government Notice No 1160 published in Government Gazette
No 21754 dated 20 November 2000, Regulations relating to
registration of persons and the maintenance of register, made
in terms of section 14 of the Pharmacy Act, 1974 (Act No 53 of
1974).
(r) Government Notice No R.1198 published in Government
Gazette No 21792 dated 28 November 2000, Regulations relating
to examination for medical practitioners and dentists who have
applied for registration in terms of section 26 of the Health
Professions Council of South Africa Act, 1974 (Act No 56 of
1974).
(s) Government Notice No R.1199 published in Government
Gazette No 21792 dated 28 November 2000, Regulations relating
to examination for medical practitioners and dentists applying
for exemption from the restriction relating to their
registration, made in terms of section 61(5) of the Health
Professions Council of South Africa Act, 1974 (Act No 56 of
1974).
(t) Government Notice No R.1200 published in Government
Gazette No 21792 dated 28 November 2000, Regulations relating
to registration of persons as general practitioners and family
physicians in medicine, made in terms of section 24 of the
Health Professions Council of South Africa Act, 1974 (Act No
56 of 1974).
(u) Government Notice No R.1201 published in Government
Gazette No 21792 dated 28 November 2000, Regulations relating
to registration of persons as general practitioners in
dentistry, made in terms of section 24 of the Health
Professions Council of South Africa Act, 1974 (Act No 56 of
1974).
(v) Government Notice No R.1203 published in Government
Gazette No 21792 dated 28 November 2000, Regulations relating
to registration of persons who qualified outside South Africa
as interns, medical practitioners or dentists, made in terms
of section 25 of the Health Professions Council of South
Africa Act, 1974 (Act No 56 of 1974).
(w) Government Notice No 1308 published in Government Gazette
No 21825 dated 1 December 2000, Chiropractors, Homeopaths and
Allied Health Service Professions Second Amendment Act, 2000
(Act No 50 of 2000).
(x) Government Notice No R.1321 published in Government
Gazette No 21830 dated 8 December 2000, Correction notice to
the regulations relating to the Pharmacy Education and
Training (R.1156 of 20 November 2000), made in terms of the
Pharmacy Act, 1974 (Act No 53 of 1974).
(y) Government Notice No R.1348 published in Government
Gazette No 21873 dated 12 January 2001, Regulations in terms
of Chiropractors, Homeopaths and Allied Health Service
Professions Second Amendment Act, 1982 (Act No 63 of 1982).
(z) Government Notice No R.1353 published in Government
Gazette No 21879 dated 15 December 2000, in terms of the
National Health Laboratory Service Act, 2000 (Act No 37 of
2000).
(aa) Government Notice No R.1362 published in Government
Gazette No 21868 dated 15 December 2000, Annual Fees payable
to the Council, made in terms of section 49 of the Dental
Technicians Act, 1979 (Act No 19 of 1979).
(bb) Government Notice No R.1363 published in Government
Gazette No 21868 dated 15 December 2000, Regulations relating
to registration of dental laboratories and related matters,
made in terms of section 50 of the Dental Technicians Act,
1979 (Act No 19 of 1979).
(cc) Government Notice No R.1405 published in Government
Gazette No 21910 dated 22 December 2000, Amendment to the
rules specifying the acts or omissions in respect of which
disciplinary steps may be taken by a professional board and
council, made in terms of section 49(2) of the Health
Professions Act, 1974 (Act No 56 of 1974).
(9) The following paper is referred to the Portfolio Committee on
Arts, Culture, Science and Technology and the Select Committee on
Education and Recreation:
Report and Financial Statements of the South African Council for
Natural Scientific Professions for 1999-2000.
(10) The following paper is referred to the Joint Standing Committee
on Defence:
Letter from the President informing Parliament of the employment
of the South African National Defence Force in compliance with the
international obligations of the Republic of South Africa towards
the United Nations and the Organisation of African Unity.
(11) The following paper is referred to the Portfolio Committees on
Justice and Constitutional Development, Education, Environmental
Affairs and Tourism, Health, Housing, Agriculture and Land
Affairs, Social Development, Water Affairs and Forestry, and
Correctional Services. It is also referred to the Select
Committees on Security and Constitutional Affairs, Education and
Recreation, Land and Environmental Affairs, Social Services and
Public Services. It is also further referred to the Joint
Monitoring Committee on the Improvement of Quality of Life and
Status of Women and the Joint Monitoring Committee on the
Improvement of Quality of Life and Status of Children, Youth and
Disabled Persons:
The Human Rights Commission's Second Economic and Social Rights
Report for 1998-1999.
National Council of Provinces:
- The Chairperson:
Report of the Additional Empowerment Strategies Workshop on Women in
Politics and Decision-Making for female Members of Parliament from some
SADC Member States, 22 - 24 September 2000, White Sands Hotel, Dar es
Salaam, Tanzania:
EXECUTIVE SUMMARY
(a) A consultative workshop for SADC women Ministers and MPs was
held at White Sands Hotel, Dar es Salaam, Tanzania on 22nd-24th
September 2000. Hon Mary Nagu, Minister, Ministry of Community
Development, Women Affairs and Children officially opened the
workshop, which was organised by the SADC Secretariat and hosted
by the government of Tanzania. The workshop targeted women
Parliamentarians from countries that held general elections in the
past three years. Participants included Ministers, Deputy
Ministers and MPs from Botswana, Malawi, Namibia, Seychelles,
South Africa, Swaziland and Zimbabwe. The facilitators of the
workshop were from the Tanzania Gender Networking Programme
(TGNP).
(b) The major objectives of the workshop were:
- To share experiences on the participation of women in
Parliament, focusing on the achievements and constraints to
their participation;
- To consult MPs on the draft outline of the Gender Resource Kit,
with a view towards ascertaining the relevance of the topics,
as well as identifying other needs;
- To facilitate female MPs to identify gender issues that require
the attention of Parliamentarians using the four modules of
the draft outline of the Gender Resource Kit for decision-
makers in SADC;
- To enhance the acquisition of knowledge on gender issues and
the global, regional and national instruments on gender
equality and the role of parliament in ensuring the
implementation of these instruments as well as the role of
female MP in lobbying, advocating, for the gender equality
agenda in and outside parliament;
- To enhance acquisition and application of analytical
assertiveness, confidence building skills in participation in
debates and presentation of motions in parliament and other
decision-making structures;
- To advance discussions on how to strengthen and
institutionalise Women Parliamentarian Caucuses and other
networks at national and regional level;
- To draw a strategic framework/plan for better coordination at
national level on the target to increase the number of women
in policy and decision-making positions at all levels by a
minimum 30% in 2005, and activities to strengthen their
capacity in participating and effecting transformation.
(c) In her opening speech, Hon Mary Nagu welcomed the delegates to
Tanzania and thanked SADC for honouring this country with the
opportunity to host the workshop. She acknowledged the SADC
Declaration on Gender and Development adopted by the SADC Heads of
State in 1997. The declaration calls for equal representation of
women and men in the decision-making bodies of SADC Member States.
She expressed her hope that the workshop will equip MPs from the
SADC countries represented with relevant knowledge and skills on
gender issues. She stated her optimism that the results of the up-
coming Tanzanian General Elections will bring more women in
Parliament.
(d) During the three days, the Ministers and MPs held discussions on
the major themes that included the following:
- Key gender concepts;
- Issues of access to political and decision-making structures,
participation in and transformation of decision-making
institutions such as Parliament by women leaders;
- The critical international and regional instruments for gender
equality, such as the CEDAW and its Optional Protocol, the
Beijing PFA as well as the 1997 SADC GAD Declaration and its
1998 Addendum;
- The SADC Regional Programme of Action for Women in Politics and
the role of MPs in supporting it.
(e) On the whole, the MPs were presented with four modules of the
draft Gender Tool Kit for SADC Decision-Makers to utilise as tools
for expanding their gender knowledge. An outline of the four
modules is contained in Annex D. The draft tool kit exercises can
be perused in Annex E.
(f) The MPs adopted the following resolutions at the workshop:
(g) To take measures in our respective Parliaments and Cabinets to
raise issues of gender equality, and the representation of women
in politics and decision-making at all levels i.e. Cabinet,
Parliament, Local Government and others;
h) In partnership with national gender machineries, NGOs and other
stakeholders, to sensitise both women and men MPs, Ministers and
other decision-makers on the fact that gender equality is a matter
of democracy, human rights and development;
(i) To bring the attention of political leaders, the media and the
public to the stereotypes about the role of women in society and
leadership that have their origins in tradition, religion,
socialisation and colonisation, and work towards changing these
stereotypes;
(j) To take steps to ensure the effective participation of both
women and men in our cabinets, parliaments and at all levels, as
well as transforming them into well-resourced institutions that
are conducive to the effective participation of women;
(k) To ensure that male and female MPs understand and acquire the
requisite skills, with which to mainstream gender in to the
policies, procedures and programmes of Parliament, as well as
gender sensitive budgets;
(l) To remind their Heads of State, Ministers, Political Parties
and Members of Parliaments of the commitments made by the
respective countries at regional and international level, such as
the Convention for the Elimination of Discrimination Against Women,
the Beijing Platform for Action and the SADC Gender and Development
Declaration and Addendum, especially the importance of ensuring and
monitoring their implementation through their incorporation into
national laws;
(m) To work closely with the SADC Secretariat and the various
stakeholders at national level to implement and monitor the SADC
Plan of Action for Women in Politics and Decision-Making, in
particular the activities identified for women in Parliament;
(n) Through lobbying, networking and information sharing, to create
or strengthen existing national caucuses of women MPs and work
towards the creation of a SADC caucus of women MPs.
- The Chairperson:
The following changes have been made to the membership of Committees,
viz:
Land and Environmental Affairs:
Appointed: Dlulane, B N.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Trade and Industry:
Report of the Board for Manufacturing Development for 1999.
- The Minister of Environmental Affairs and Tourism:
Government Notice No R.1428 published in Government Gazette No 21948
dated 29 December 2000, Amendment of regulations, made in terms of
section 77 of the Marine Living Resources Act, 1998 (Act No 18 of
1998).
Referred to the Portfolio Committee on Environmental Affairs and
Tourism and the Select Committee on Land and Environmental Affairs.
TUESDAY, 6 FEBRUARY 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Joint Tagging Mechanism (JTM) on 6 February 2001 in terms of
Joint Rule 160(6), classified the following Bills as section 75
Bills:
(i) Financial Intelligence Centre Bill [B 1 - 2001]
(National Assembly - sec 75) - (Portfolio Committee on
Finance - National Assembly).
(ii) South African Sports Commission Amendment Bill [B 2 -
2001] (National Assembly - sec 75) - (Portfolio Committee
on Sport and Recreation - National Assembly).
(iii) Unemployment Insurance Bill [B 3 - 2001] (National
Assembly - sec 75) - (Portfolio Committee on Labour -
National Assembly).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Report of the Auditor-General on the Financial Statements of Vote 18 -
Improvement of Conditions of Service for 1999-2000 [RP 127-2000].
- The Minister of Trade and Industry:
(1) Trade Agreement between the Government of the Republic of South
Africa and the Government of the Socialist Republic of Vietnam,
tabled in terms of section 231(3) of the Constitution, 1996.
(2) Explanatory Memorandum to the Agreement.
FRIDAY, 9 FEBRUARY 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Minister of Defence on 30 January 2001 submitted drafts of
the Termination of Integration Intake Bill, 2001, Constitution of
the Republic of South Africa Amendment Bill, 2001, and
Demobilisation Amendment Bill, 2001, and the memorandums
explaining the objects of the proposed legislation, to the Speaker
and the Chairperson in terms of Joint Rule 159. The drafts have
been referred by the Speaker and the Chairperson to the Portfolio
Committee on Defence and the Select Committee on Security and
Constitutional Affairs, respectively, in accordance with Joint
Rule 159(2).
(2) The Minister for Justice and Constitutional Development on 1
February 2001 submitted a draft of the Special Investigating Units
and Special Tribunals Amendment Bill, 2001, and a memorandum
explaining the objects of the proposed legislation, to the Speaker
and the Chairperson in terms of Joint Rule 159. The draft has been
referred by the Speaker and the Chairperson to the Portfolio
Committee on Justice and Constitutional Development and the Select
Committee on Security and Constitutional Affairs, respectively, in
accordance with Joint Rule 159(2).
(3) The Minister of Safety and Security on 2 February 2001 submitted
a draft of the Security Industry Regulation Bill, 2001, and a
memorandum explaining the objects of the proposed legislation, to
the Speaker and the Chairperson in terms of Joint Rule 159. The
draft has been referred by the Speaker and the Chairperson to the
Portfolio Committee on Safety and Security and the Select
Committee on Security and Constitutional Affairs, respectively, in
accordance with Joint Rule 159(2).
- The Speaker and the Chairperson:
(1) The following Bills were introduced in the National Assembly on
9 February 2001 and referred to the Joint Tagging Mechanism (JTM)
for classification in terms of Joint Rule 160:
(i) Constitution of the Republic of South Africa Amendment
Bill [B 4 - 2001] (National Assembly - sec 74(3)(a)) -
(Portfolio Committee on Defence - National Assembly)
[Explanatory summary of Bill and prior notice of its
introduction published in Government Gazette No 21599 of 22
September 2000.]
NOTE:
The Portfolio Committee on Defence has been instructed by the
Speaker in terms of National Assembly Rule 249(3)(c) to
consult the Portfolio Committee on Justice and Constitutional
Development on the Bill.
(ii) Demobilisation Amendment Bill [B 5 - 2001] (National
Assembly - sec 75) - (Portfolio Committee on Defence -
National Assembly) [Explanatory summary of Bill and prior
notice of its introduction published in Government Gazette
No 21599 of 22 September 2000.]
(iii) Termination of Integration Intake Bill [B 6 - 2001]
(National Assembly - sec 75) - (Portfolio Committee on
Defence - National Assembly) [Explanatory summary of Bill
and prior notice of its introduction published in
Government Gazette No 21599 of 22 September 2000.]
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Report of the Auditor-General on the Financial Statements of Vote No 3
- Parliament for 1999-2000 [RP 112-2000]. 2. The Minister of Trade and Industry:
Annual Report of the South African Council for the Non-Proliferation of
weapons of mass destruction for 1998-1999.
MONDAY, 12 FEBRUARY 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) On 12 February 2001 the following Bill, at the request of the
Minister of Housing, was introduced in the National Council of
Provinces by the Select Committee on Public Services. It was
referred to the Joint Tagging Mechanism (JTM) for classification
in terms of Joint Rule 160:
(i) Housing Amendment Bill [B 7 - 2001] (National Council of
Provinces - sec 76(2)) - (Select Committee on Public Services
- National Council of Provinces) [Explanatory summary of Bill
and prior notice of its introduction published in Government
Gazette No 21556 of 8 September 2000.]
(2) The following Bill was introduced in the National Assembly on 12
February 2001 and referred to the Joint Tagging Mechanism (JTM)
for classification in terms of Joint Rule 160:
(i) Correctional Services Amendment Bill [B 8 - 2001]
(National Assembly - sec 75) - (Portfolio Committee on
Correctional Services - National Assembly) [Explanatory
summary of Bill and prior notice of its introduction published
in Government Gazette No 22020 of 25 January 2001.]
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Finance:
(1) Government Notice No R.1414 published in Government Gazette No
21936 dated 28 December 2000, Conditions for the conducting of the
business of a bank by a foreign institution by means of a branch
in South Africa, made in terms of section 90 of the Banks Act,
1990 (Act No 94 of 1990).
(2) Government Notice No R.1422 published in Government Gazette No
21941 dated 28 December 2000, Designation of the institution of
which the activities do not fall within the meaning of "the
business of a bank" ("Financial Service Co-operative") made in
terms of paragraph (dd)(i) of the definition of "the Business of a
bank" in section 1 of the Banks Act, 1990 (Act No 94 of 1990).
(3) Government Notice No R.1423 published in Government Gazette No
21936 dated 28 December 2000, Designation of the institution of
which the activities do not fall within the meaning of "the
business of a bank" ("The National Housing Finance Corporation
Limited"), made in terms of paragraph (dd)(i) of the definition of
"the Business of a bank" in section 1 of the Banks Act, 1990 (Act
No 94 of 1990).
- The Minister for Justice and Constitutional Development:
Draft Regulations made in terms of section 40 of the National
Prosecuting Authority Act, 1998 (Act No 32 of 1998) submitted to
Parliament in terms of section 40(3)(c) of the Act.
- The Minister of Minerals and Energy:
Report and Financial Statements of the Atomic Energy Corporation of
South Africa for 2000.
TUESDAY, 13 FEBRUARY 2001
TABLINGS:
National Assembly and National Council of Provincies:
Papers:
- The Speaker and the Chairperson:
Reports of the Auditor-General on the -
(a) Financial Statements of Vote No 32 - Statistics South Africa for
1999-2000 [RP 141-2000].
(b) Financial Statements of Vote No 2 - Deputy President and the
National Youth Commission for the period 1 April to 31 May 1999
[RP 111-2000].
WEDNESDAY, 14 FEBRUARY 2001
TABLINGS:
National Assembly and National Council of Provincies:
Papers:
- The Speaker and the Chairperson:
Reports of the Auditor-General on the -
(a) Financial Statements of the High School Vorentoe Disaster Fund
for 1997-98 and 1998-99 [RP 193-2000].
(b) Financial Statements of the Refugee Relief Fund for 1998-99 [RP
197-2000].
(c) Social Relief Fund for 1997-98, 1998-99 and 1999-2000 [RP 202-
2000].
- The Minister for Provincial and Local Government:
Draft Regulations made in terms of section 120 of the Local Government
Municipal Systems Act, 2000 (Act No 32 of 2000) submitted to Parliament
in terms of section 120(7)(a) of the Local Government Municipal Systems
Act, 2000.
- The Minister for Justice and Constitutional Development:
(a) Report of the South African Law Commission on Juvenile Justice
[RP 159-2000].
(b) Proclamation No R.3 published in the Government Gazette No 21976
dated 12 January 2001, Commencement of the National Prosecuting
Authority Amendment Act, 2000 (Act No 61 of 2000) on 12 January
2001, made in terms of section 26 of the National Prosecuting
Authority Amendment Act, 2000 (Act No 61 of 2000).
(c) Government Notice No R.41 published in the Government Gazette No
21983 dated 19 January 2001, Amendment of Regulations, made in
terms of section 81(2) of the Attorneys Act, 1979 (Act No 53 of
1979).
THURSDAY, 15 FEBRUARY 2001
ANNOUNCEMENTS:
National Council of Provinces:
- The Chairperson:
The following changes have been made to the membership of Committees,
viz:
Education and Recreation:
Appointed: Sogoni, H T.
Public Services:
Appointed: Sogoni, H T.
Social Services:
Appointed: Sogoni, H T.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Reports of the Auditor-General on the -
(a) Financial Statements of the Foundation for Education, Science
and Technology for 1998-99 [RP 198-2000].
(b) Financial Statements of the King George V Silver Jubilee Fund
for Tuberculosis for 1999-2000 [RP 199-2000].
- The Minister of Home Affairs:
Government Notice No 938 published in Government Gazette No 21573 dated
15 September 2000, Regulation 19: Transitional Arrangements, made in
terms of section 38 of the Refugees Act, 1998 (Act No 130 of 1998).
FRIDAY, 16 FEBRUARY 2001 TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Public Enterprises:
Report and Financial Statements of Transnet Limited for 1999-2000.
- The Minister for Justice and Constitutional Development:
(1) Directives in terms of section 4(1) of the Criminal Procedure
Amendment Act, 1997 (Act No 76 of 1997) in terms of which legal
aid or legal representation is rendered or made available for
purposes of section 3 of the said Act, tabled in terms of section
4(2)(b) of the Criminal Procedure Amendment Act, 1997.
(2) Directives in terms of section 7 of the Criminal Matters
Amendment Act, 1998 (Act No 68 of 1998) in terms of which legal
aid or legal representation is rendered or made available for
purposes of section 3(a) of the said Act, tabled in terms of
section 7(2)(b) of the Criminal Matters Amendment Act, 1998.
MONDAY, 19 FEBRUARY 2001
ANNOUNCEMENTS: National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(1) The following papers are referred to the Portfolio Committee on
Trade and Industry and to the Select Committee on Economic
Affairs:
(a) Report of the Board for Manufacturing Development for
1999.
(b) Trade Agreement between the Government of the Republic of
South Africa and the Government of the Socialist Republic of
Vietnam, tabled in terms of section 231(3) of the
Constitution, 1996.
(c) Explanatory Memorandum to the Agreement.
(2) The following report is referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Public Service and Administration
and to the Select Committee on Local Government and Administration
for information:
Report of the Auditor-General on the Financial Statements of Vote
18 - Improvement of Conditions of Service for 1999-2000 [RP 127-
2000].
(3) The following report is referred to the Standing Committee on
Public Accounts for consideration and report and to the Portfolio
Committee on Finance and to the Select Committee on Finance for
information:
Report of the Auditor-General on the Financial Statements of Vote
32 - Statistics South Africa for 1999-2000 [RP 141-2000].
(4) The following report is referred to the Standing Committee on
Public Accounts for consideration and report and to the Joint
Monitoring Committee on Improvement of Quality of Life and Status
of Children, Youth and Disabled Persons for information:
Report of the Auditor-General on the Financial Statements of Vote
2 - Deputy President and National Youth Commission for the period
1 April to 31 May 1999 [RP 111-2000].
(5) The following papers are referred to the Portfolio Committee on
Finance and to the Select Committee on Finance:
(a) Government Notice No R.1414 published in the Government
Gazette No 21936 dated 28 December 2000, Conditions for the
conducting of the business of a bank by a foreign institution
by means of a branch in South Africa, made in terms of section
90 of the Banks Act, 1990 (Act No 94 of 1990).
(b) Government Notice No R.1422 published in the Government
Gazette No 21941 dated 28 December 2000, Designation of the
institution of which the activities do not fall within the
meaning of "the business of a bank" ("Financial Service Co-
operative") made in terms of paragraph (dd)(i) of the
definition of "the Business of a bank" in section 1 of the
Banks Act, 1990 (Act No 94 of 1990).
(c) Government Notice No R.1423 published in the Government
Gazette No 21936 dated 28 December 2000, Designation of the
institution of which the activities do not fall within the
meaning of "the business of a bank" ("The National Housing
Finance Corporation Limited", made in terms of paragraph
(dd)(i) of the definition of "the Business of a bank" in
section 1 of the Banks Act, 1990 (Act No 94 of 1990).
(6) The following paper is referred to the Portfolio Committee on
Justice and Constitutional Development and to the Select Committee
on Security and Constitutional Affairs for consideration and
report:
Draft Regulations made in terms of section 40 of the National
Prosecuting Act Authority, 1998 (Act No 32 of 1998) submitted to
Parliament in terms of section 40(3)(c) of the Act.
(7) The following paper is referred to the Portfolio Committee on
Minerals and Energy and to the Select Committee on Economic
Affairs:
Report and Financial Statements of the Atomic Energy Corporation
of South Africa for 2000.
(8) The following paper is referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Education and to the Select
Committee on Education and Recreation for information:
Report of the Auditor-General on the Financial Statements of the
High School Vorentoe Disaster Fund for 1997-98 and 1998-99 [RP 193-
2000].
(9) The following paper is referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Home Affairs and to the Select
Committee on Social Services for information:
Report of the Auditor-General on the Financial Statements of the
Refugee Relief Fund for 1998-99 [RP 197-2000].
(10) The following paper is referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Social Development and to the Select
Committee on Social Services for information:
Report of the Auditor-General on the Financial Statements of the
Social Relief Fund for 1997-98, 1998-99 and 1999-2000 [RP 202-
2000].
(11) The following papers are referred to the Portfolio Committee on
Justice and Constitutional Development and to the Select Committee
on Security and Constitutional Affairs:
(a) Report of the South African Law Commission on Juvenile
Justice [RP 159-2000].
(b) Proclamation No R.3 published in the Government Gazette No
21976 dated 12 January 2001, Commencement of the National
Prosecuting Authority Amendment Act, 2000 (Act No 61 of 2000)
on 12 January 2001, made in terms of section 26 of the
National Prosecuting Authority Amendment Act, 2000 (Act No 61
of 2000).
(c) Government Notice No R.41 published in the Government
Gazette No 21983 dated 19 January 2001, Amendment of
Regulations, made in terms of section 81(2) of the Attorneys
Act, 1979 (Act No 53 of 1979).
(12) The following paper is referred to the Portfolio Committee on
Public Enterprises and to the Select Committee on Labour and
Public Enterprises:
Report and Financial Statements of Transnet Limited for 1999-2000.
(13) The following paper is referred to the Portfolio Committee on
Provincial and Local Government and to the Select Committee on
Local Government and Administration for consideration and report:
Draft Regulations made in terms of section 120 of the Local
Government Municipal Systems Act, 2000 (Act No 32 of 2000)
submitted to Parliament in terms of section 120(7)(a) of the Local
Government Municipal Systems Act, 2000.
(14) The following paper is referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Arts, Culture, Science and
Technology and to the Select Committee on Education and Recreation
for information:
Report of the Auditor-General on the Financial Statements of the
Foundation for Education, Science and Technology for 1998-99 [RP
198-2000].
(15) The following paper is referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Health and to the Select Committee
on Social Services for information:
Report of the Auditor-General on the Financial Statements of the
King George V Silver Jubilee Fund for Tuberculosis for 1999-2000
[RP 199-2000].
(16) The following paper is referred to the Portfolio Committee on
Home Affairs and to the Select Committee on Social Services:
Government Notice No 938 published in the Government Gazette No
21573 dated 15 September 2000, Regulation 19: Transitional
Arrangements, made in terms of section 38 of the Refugees Act (Act
No 130 of 1998).
(17) The following papers are referred to the Portfolio Committee on
Justice and Constitutional Development and to the Select Committee
on Security and Constitutional Affairs:
(a) Directives in terms of section 4(1) of the Criminal
Procedure Amendment Act, 1997 (Act No 76 of 1997) in terms of
which legal aid or legal representation is rendered or made
available for purposes of section 3 of the said Act, to be
tabled in terms of section 4(2)(b) of the Criminal Procedure
Amendment Act, 1997.
(b) Directives in terms of section 7 of the Criminal Matters
Amendment Act, 1998 (Act No 68 of 1998) in terms of which
legal aid or legal represenation is rendered or made available
for purposes of section 3(a) of the said Act, to be tabled in
terms of section 7(2)(b) of the Criminal Matters Amendment
Act, 1998.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Report of the Auditor-General on the Financial Statements of Vote 10 -
Education for 1999-2000 [RP 119-2000].
- The Minister of Defence: (1) Agreement between the Government of the Republic of South Africa and the Government of the People’s Democratic Republic of Algeria concerning Co-operation in the Field of Defence, tabled in terms of section 231(3) of the Constitution, 1996.
(2) Agreement between the Government of the Republic of South Africa
and the Government of Australia for the Reciprocal Protection of
Classified Information of Defence Interest, tabled in terms of
section 231(3) of the Constitution, 1996.
(3) Agreement between the Government of the Republic of South Africa
and the Government of the Kingdom of Belgium concerning the
presence of the Belgiun Air Force in the territory of the Republic
of South Africa, tabled in terms of section 231(3) of the
Constitution, 1996.
(4) Agreement for the establishment of a Joint Permanent Commission
on Defence and Security between Agreement between the Government
of the Republic of South Africa and the Government of the Republic
of Botswana, tabled in terms of section 231(3) of the
Constitution, 1996.
(5) Memorandum of Understanding between the Department of Defence of
the Republic of South Africa and the Department of National
Defence of Canada concerning Defence Industrial Cooperation,
tabled in terms of section 231(3) of the Constitution, 1996.
(6) Memorandum of Understanding between the Government of the
Republic of South Africa and the Government of the Republic of
Cyprus on Military and Technical Cooperation, tabled in terms of
section 231(3) of the Constitution, 1996.
(7) Agreement between the Government of the Republic of South Africa
through its Department of Defence and the Government Czech
Republic through its Ministry of Defence on Defence Cooperation,
tabled in terms of section 231(3) of the Constitution, 1996.
(8) Protocol on Intelligence Cooperation between the Government of
the Arab Republic of Egypt as represented by the Director of
Military Intelligence and the Government of the Republic of South
Africa as represented by the Chief of Defence Intelligence, tabled
in terms of section 231(3) of the Constitution, 1996.
(9) Agreement between the Department of Defence of the Republic of
South Africa and the Federal Ministry of Defence of the Federal
Republic of Germany concerning Cooperation in the Fields of
Defence Economy and Defence Technology, tabled in terms of section
231(3) of the Constitution, 1996.
(10) Agreement between the Government of the Republic of Ghana and
the Government of the Republic of South Africa concerning Defence
Training and Technical Cooperation, tabled in terms of section
231(3) of the Constitution, 1996.
(11) Agreement between the Government of the Republic of South Africa
and the Government of the Republic of India on Defence
Cooperation, tabled in terms of section 231(3) of the
Constitution, 1996.
(12) Agreement between the Government of the Republic of South Africa
and the Government of the Hashemite Kingdom of Jordan concerning
Cooperation in the Field of Defence and Defence Equipment, tabled
in terms of section 231(3) of the Constitution, 1996.
(13) Memorandum of Understanding between the Government of the
Republic of South Africa and the Government of the Kingdom of
Lesotho concerning Defence Cooperation, tabled in terms of section
231(3) of the Constitution, 1996.
(14) Agreement between the Government of the Republic of South Africa
and the Kingdom of Lesotho concerning the Status of Armed Forces
in the Kingdom of Lesotho providing assistance in the
Establishment of a Sustainable Training Capacity within the
Lesotho Defence Force, tabled in terms of section 231(3) of the
Constitution, 1996.
(15) Agreement between the parties contributing to the Southern
African Development Community's Combined Task Force and the
Government of the Kingdom of Lesotho, providing Military
Assistance to the Kingdom of Lesotho and regarding the Status of
their Armed Forces, tabled in terms of section 231(3) of the
Constitution, 1996.
(16) Cooperation Agreement in the Field of Defence between the
Government of the Republic of South Africa and the Government of
the Republic of Mozambique, tabled in terms of section 231(3) of
the Constitution, 1996.
(17) Diplomatic Note Exchange on the Employment of the South African
National Defence Force to render Humanitarian Assistance to the
Mozambican Government during the Widespread Flooding, tabled in
terms of section 231(3) of the Constitution, 1996.
(18) Diplomatic Note Exchange on the Employment of the South African
National Defence Force to render Logistical Support to the
Mozambican Government during their General Elections, tabled in
terms of section 231(3) of the Constitution, 1996.
(19) Agreement between the Government of the Republic of South Africa
and the Government of the Republic of Poland on Industrial,
Technological and Commercial Cooperation within the scope of the
Military Industries, tabled in terms of section 231(3) of the
Constitution, 1996.
(20) Agreement between the Government of the Republic of South Africa
represented by the Department of Defence and the Ministry of
Defence of the Russian federation concerning Defence Intelligence
Cooperation, tabled in terms of section 231(3) of the
Constitution, 1996.
(21) General Security Agreement between the Government of the
Republic of South Africa and the Government of Sweden concerning
the Exchange of Classified Information, tabled in terms of section
231(3) of the Constitution, 1996.
(22) Agreement between the Government of the Republic of South Africa
and the Government of Sweden concerning Defence Cooperation,
tabled in terms of section 231(3) of the Constitution, 1996.
(23) Defence Cooperation Agreement between the Government of the
Republic of South Africa and the Government of the United Arab
Emirates, tabled in terms of section 231(3) of the Constitution,
1996.
TUESDAY, 20 FEBRUARY 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The following Bill was introduced in the National Assembly on 20
February 2001 and referred to the Joint Tagging Mechanism (JTM)
for classification in terms of Joint Rule 160:
(i) Special Investigating Units and Special Tribunals
Amendment Bill [B 9 - 2001] (National Assembly - sec 75) -
(Portfolio Committee on Justice and Constitutional Development
- National Assembly) [Explanatory summary of Bill and prior
notice of its introduction published in Government Gazette No
22073 of 16 February 2001.]
(2) Assent by the Acting President of the Republic in respect of the
following Bill:
General Intelligence Law Amendment Bill [B 36B - 2000] - Act No 66
of 2000 (assented to and signed by Acting President on 20 February
2001).
(3) The following members attended and participated in the
Additional Empowerment Strategies Workshop on Women in Politics
and Decision-Making for female Members of Parliament from some
SADC Member States, held on 22-24 September 2000, at White Sands
Hotel, Dar es Salaam, Tanzania:
National Assembly:
Xinwana, L; Motubatse, S D; Thabathe, E; Rajbally, S; Mnumzana, S
K; Mndende, N; Sono, B; Ngubane, H; and
National Council of Provinces:
Witbooi, J and Themba, P.
(4) The Executive Summary of the Report of the Additional
Empowerment Strategies Workshop on Women in Politics and Decision-
Making for female Members of Parliament from some SADC Member
States, 22-24 September 2000, White Sands Hotel, Dar es Salaam,
Tanzania tabled on 5 February 2001 is referred to the Joint
Monitoring Committee on Improvement of Quality of Life and Status
of Women.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Report of the Auditor-General on the Financial Statements of Vote 5 -
Arts, Culture, Science and Technology for 1999-2000.
COMMITTEE REPORTS:
National Council of Provinces:
-
Report of the Select Committee on Land and Environmental Affairs on Sorghum Industry , dated 13 February 2001:
The Select Committee on Land and Environmental Affairs, having considered the application by the National Agricultural Marketing Council for the continuation of the statutory measures in the sorghum industry, reports, in terms of section 15 of the Marketing of Agricultural Products Act, 1996, that it has approved the recommendations of the council.
-
Report of the Select Committee on Land and Environmental Affairs on Citrus Fruit Industry, dated 13 February, 2001:
The Select Committee on Land and Environmental Affairs, having considered the application by the National Agricultural Marketing Council for the implementation of the proposed statutory measure in the citrus fruit industry, reports, in terms of section 15 of the Marketing of Agricultural Products Act, 1996, that it has approved the recommendations of the council. The Committee further approves the recommendations to the Minister that the CGA submit its annual audited financial statements reflecting actual income and expenditure figures to the council and the Auditor-General on a yearly basis.
The Committee further approves the recommendation that the council have observer status on the CGA’s board of directors to ensure compliance with the original intent of the application.
WEDNESDAY, 21 FEBRUARY 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Minister for Justice and Constitutional Development on 19
February 2001 submitted a draft of the High Court Amendment Bill,
2001, and a memorandum explaining the objects of the proposed
legislation, to the Speaker and the Chairperson in terms of Joint
Rule 159. The draft has been referred by the Speaker and the
Chairperson to the Portfolio Committee on Justice and
Constitutional Development and the Select Committee on Security
and Constitutional Affairs, respectively, in accordance with Joint
Rule 159(2).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Report of the Auditor-General on the Financial Statements of Vote No 15
- Health for 1999-2000 [RP 124-2000].
- The Minister of Finance:
(1) The Budget Speech of the Minister of Finance [RP 28-2001].
(2) Estimate of National Revenue for 2001-2002 [RP 34-2001].
(3) Taxation Proposals: Income Tax.
(4) Taxation proposals in respect of custom and excise duties laid
upon the Table at 15:12.
(5) Division of Revenue Bill [B 11 - 2001] tabled in terms of
section 10(1) of the Intergovernmental Fiscal Relations Act, 1997
(Act No 97 of 1997).
(6) Budget Review 2001 [RP 27-2001], including "Annexure E:
Memorandum to accompany the Division of Revenue Bill", tabled in
terms of section 10(5) of the Intergovernmental Fiscal Relations
Act, 1997 (Act No 97 of 1997).
(7) Appropriation Bill [B 10 - 2001].
(8) Estimate of National Expenditure 2001 [RP 30-2001], which
includes:
1. Memorandum on Vote No 1 - "Presidency", Main Estimates, 2001-
2002;
2. Memorandum on Vote No 2 - "Parliament", Main Estimates, 2001-
2002;
3. Memorandum on Vote No 3 - "Foreign Affairs", Main Estimates,
2001-2002;
4. Memorandum on Vote No 4 - "Home Affairs", Main Estimates, 2001-
2002;
5. Memorandum on Vote No 5 - "Provincial and Local Government",
Main Estimates, 2001-2002;
6. Memorandum on Vote No 6 - "Government Communication and
Information System", Main Estimates, 2001-2002;
7. Memorandum on Vote No 7 - "National Treasury", Main Estimates,
2001-2002;
8. Memorandum on Vote No 8 - "Public Enterprises", Main Estimates,
2001-2002;
9. Memorandum on Vote No 9 - "Public Service and Administration",
Main Estimates, 2001-2002;
10. Memorandum on Vote No 10 - "Public Service Commission",
Main Estimates, 2001-2002;
11. Memorandum on Vote No 11 - "South African Management
Development Institute", Main Estimates, 2001-2002;
12. Memorandum on Vote No 12 - "Statistics South Africa", Main
Estimates, 2001-2002;
13. Memorandum on Vote No 13 - "Arts, Culture, Science and
Technology", Main Estimates, 2001-2002;
14. Memorandum on Vote No 14 - "Education", Main Estimates,
2001-2002;
15. Memorandum on Vote No 15 - "Health", Main Estimates, 2001-
2002;
16. Memorandum on Vote No 16 - "Housing", Main Estimates, 2001-
2002;
17. Memorandum on Vote No 17 - "Social Development", Main
Estimates, 2001-2002;
18. Memorandum on Vote No 18 - "Sport and Recreation South
Africa", Main Estimates, 2001-2002;
19. Memorandum on Vote No 19 - "Correctional Services", Main
Estimates, 2001-2002;
20. Memorandum on Vote No 20 - "Defence", Main Estimates, 2001-
2002;
21. Memorandum on Vote No 21 - "Independent Complaints
Directorate", Main Estimates, 2001-2002;
22. Memorandum on Vote No 22 - "Justice and Constitutional
Development", Main Estimates, 2001-2002;
23. Memorandum on Vote No 23 - "Safety and Security", Main
Estimates, 2001-2002;
24. Memorandum on Vote No 24 - "Agriculture", Main Estimates,
2001-2002;
25. Memorandum on Vote No 25 - "Communications", Main
Estimates, 2001-2002;
26. Memorandum on Vote No 26 - "Environmental Affairs and
Tourism", Main Estimates, 2001-2002;
27. Memorandum on Vote No 27 - "Labour", Main Estimates, 2001-
2002;
28. Memorandum on Vote No 28 - "Land Affairs", Main Estimates,
2001-2002;
29. Memorandum on Vote No 29 - "Minerals and Energy", Main
Estimates, 2001-2002;
30. Memorandum on Vote No 30 - "Public Works", Main Estimates,
2001-2002;
31. Memorandum on Vote No 31 - "Trade and Industry", Main
Estimates, 2001-2002;
32. Memorandum on Vote No 32 - "Transport", Main Estimates,
2001-2002;
33. Memorandum on Vote No 33 - "Water Affairs and Forestry",
Main Estimates, 2001-2002.
National Council of Provinces:
- The Chairperson:
The President of the Republic submitted the following letter, dated 19
February 2001, to the Chairperson informing Parliament of the
employment of the South African National Defence Force:
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE IN COMPLIANCE
WITH THE INTERNATIONAL OBLIGATIONS OF THE REPUBLIC OF SOUTH AFRICA
TOWARDS THE GOVERNMENT OF THE REPUBLIC OF MOZAMBIQUE FOR HUMANITARIAN
ASSISTANCE DURING WIDESPREAD FLOODING
This serves to inform the National Council of Provinces that the
President authorised the employment of South African National Defence
Force (SANDF) personnel to fulfil the international obligations of the
Republic of South Africa towards the Government of the Republic of
Mozambique for humanitarian assistance during widespread flooding in
the Zambezia Province.
This employment was authorised in accordance with the provisions of
Section 82(4)(b)(ii) read with Section 227(1)(d) of the Constitution of
the Republic of South Africa, 1993 (Act No 200 of 1993), [which
Sections continue to be in force in terms of Item 24(1) of Schedule 6
to the Constitution of the Republic of South Africa, 1996 (Act No 108
of 1996)], read further with Section 3(2)(a)(iv) of the Defence Act,
1957 (Act No 44 of 1957).
(a) Personnel. A total of 13 personnel have been deployed to
Mozambique: 3 x pilots, 2 x navigators, 2 x flight engineers, 3 x
air loadmasters, 1 x interpreter and 2 x medical personnel.
(b) Aircraft. 1 x C-130 cargo aircraft and 2 x medical personnel
aircraft.
The SANDF members were deployed for a total of three days over the
period 10 February 2001 to 12 February 2001.
FINANCIAL IMPLICATIONS
The estimated financial implications are as follows:
(a) 18 hrs Flying Time @ R26 641 per hourR479 538
(b) Fuel required is 53 000 litres @ R3.00 per litreR159 000
(c) Subsistence and Travelling Allowance for 13 personnel at US $62.00
per day per person @ R7.90 to a US$R19 102
(d) Accommodation @ US $100.00 per day per personR30 810
(e) Total cost of a 3 day deploymentR688 450
The cost indicated above does not include landing, parking,
navigational, ground support equipment and lighting surcharge fees.
The Department of Foreign Affairs is responsible for the costs of this
Deployment.
I will also communicate this report to the Members of the National
Assembly, and wish to request that you bring the contents of this
report to the notice of the National Council of Provinces.
Regards
S V TSHWETE
ACTING PRESIDENT
Mrs G N M Pandor
Chairperson of the National Council of Provinces
P O Box 15
CAPE TOWN
8000
THURSDAY, 22 FEBRUARY 2001
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Report of the Auditor-General on the Financial Statements of Vote 14 -
Government Communication and Information System for 1999-2000 [RP 123-
2000].
- The Minister for Justice and Constitutional Development:
(a) Government Notice No R.108 published in the Government Gazette
No 22027 dated 02 February 2001, Regulations made in terms of
section 40 of the National Prosecuting Authority Act, 1998 (Act No
32 of 1998).
(b) Government Notice No R.109 published in the Government Gazette
No 22030 dated 02 February 2001, Designation of special
investigators, appointed in terms of section 19A(1) of the
National Prosecuting Authority Act, 1998 (Act No 32 of 1998), as
commissioners of oaths, made in terms of section 6 of the Justices
of the Peace and Commissioners of Oaths Act, 1963 (Act No 16 of
1963).
FRIDAY, 23 FEBRUARY 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The following Bill was introduced in the National Assembly on 23
February 2001 and referred to the Joint Tagging Mechanism (JTM)
for classification in terms of Joint Rule 160:
(i) Security Industry Regulation Bill [B 12 - 2001] (National
Assembly - sec 75) - (Portfolio Committee on Safety and
Security - National Assembly) [Bill and prior notice of its
introduction published in Government Gazette No 22100 of 23
February 2001.]
(2) Report of the Parliamentary Delegation which attended a seminar
on Democracy and Good Governance held at Tokyo, Japan, on 25
September - 6 October 2000:
SEE ATTACHED REPORT
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Report of the Auditor-General on the Financial Statements of Vote 19 -
Independent Complaints Directorate for 1999-2000 [RP 128-2000].
- The Minister for Justice and Constitutional Development:
Explanatory Memorandum on the designation of Ireland in terms of
section 2(1)(b) of the Extradition Act, 1962 (Act No 67 of 1962).
MONDAY, 26 FEBRUARY 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Joint Tagging Mechanism (JTM) on 26 February 2001 in terms
of Joint Rule 160(2), classified the following Bill as a section
74 Bill:
(i) Constitution of the Republic of South Africa Amendment
Bill [B 4 - 2001] (National Assembly - sec 74(3)(a)) -
(Portfolio Committee on Justice and Constitutional
Development - National Assembly).
(2) The Joint Tagging Mechanism (JTM) on 26 February 2001 in terms
of Joint Rule 160(3), classified the following Bills as section 75
Bills:
(i) Demobilisation Amendment Bill [B 5 - 2001] (National
Assembly - sec 75) - (Portfolio Committee on Defence -
National Assembly).
(ii) Termination of Integration Intake Bill [B 6 - 2001]
(National Assembly - sec 75) - (Portfolio Committee on
Defence - National Assembly).
(iii) Correctional Services Amendment Bill [B 8 - 2001]
(National Assembly - sec 75) - (Portfolio Committee on
Correctional Services - National Assembly).
(3) The Joint Tagging Mechanism (JTM) on 26 February 2001 in terms
of Joint Rule 160(4), classified the following Bills as section 76
Bills:
(i) Housing Amendment Bill [B 7 - 2001] (National Council of
Provinces - sec 76(2)) - (Select Committee on Public
Services - National Council of Provinces).
(ii) Division of Revenue Bill [B 11 - 2001] (National Assembly
- sec 76) - (Portfolio Committee on Finance - National
Assembly).
TABLINGS:
National Assembly and National Council of Provinces: Papers:
- The Speaker and the Chairperson:
Report of the Auditor-General on the Financial Statements of Vote No 28
- South African Management Development Institute [RP 137-2000].
TUESDAY, 27 FEBRUARY 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(1) The following paper is referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Education and the Select Committee
on Education and Recreation for information:
Report of the Auditor-General on the Financial Statements of Vote
No 10 - Education for 1999-2000 [RP 119-2000].
(2) The following papers are referred to the Portfolio Committee on
Defence and the Select Committee on Security and Constitutional
Affairs:
(a) Agreement between the Government of the Republic of South
Africa and the Government of the People's Democratic Republic
of Algeria concerning Co-operation in the Field of Defence,
tabled in terms of section 231(3) of the Constitution, 1996.
(b) Agreement between the Government of the Republic of South
Africa and the Government of Australia for the Reciprocal
Protection of Classified Information of Defence Interest,
tabled in terms of section 231(3) of the Constitution, 1996.
(c) Agreement between the Government of the Republic of South
Africa and the Government of the Kingdom of Belgium concerning
the presence of the Belgiun Air Force in the territory of the
Republic of South Africa, tabled in terms of section 231(3) of
the Constitution, 1996.
(d) Agreement for the establishment of a Joint Permanent
Commission on Defence and Security between Agreement between
the Government of the Republic of South Africa and the
Government of the Republic of Botswana, tabled in terms of
section 231(3) of the Constitution, 1996.
(e) Memorandum of Understanding between the Department of
Defence of the Republic of South Africa and the Department of
National Defence of Canada concerning Defence Industrial
Cooperation, tabled in terms of section 231(3) of the
Constitution, 1996.
(f) Memorandum of Understanding between the Government of the
Republic of South Africa and the Government of the Republic of
Cyprus on Military and Technical Cooperation, tabled in terms
of section 231(3) of the Constitution, 1996.
(g) Agreement between the Government of the Republic of South
Africa through its Department of Defence and the Government of
the Czech Republic through its Ministry of Defence on Defence
Cooperation, tabled in terms of section 231(3) of the
Constitution, 1996.
(h) Agreement between the Department of Defence of the
Republic of South Africa and the Federal Ministry of Defence
of the Federal Republic of Germany concerning Cooperation in
the Fields of Defence Economy and Defence Technology, tabled
in terms of section 231(3) of the Constitution, 1996.
(i) Agreement between the Government of the Republic of Ghana
and the Government of the Republic of South Africa concerning
Defence Training and Technical Cooperation, tabled in terms of
section 231(3) of the Constitution, 1996.
(j) Agreement between the Government of the Republic of South
Africa and the Government of the Republic of India on Defence
Cooperation, tabled in terms of section 231(3) of the
Constitution, 1996.
(k) Agreement between the Government of the Republic of South
Africa and the Government of the Hashemite Kingdom of Jordan
concerning Cooperation in the Field of Defence and Defence
Equipment, tabled in terms of section 231(3) of the
Constitution, 1996.
(l) Memorandum of Understanding between the Government of the
Republic of South Africa and the Government of the Kingdom of
Lesotho concerning Defence Cooperation, tabled in terms of
section 231(3) of the Constitution, 1996.
(m) Agreement between the Government of the Republic of South
Africa and the Kingdom of Lesotho concerning the Status of
Armed Forces in the Kingdom of Lesotho providing assistance in
the Establishment of a Sustainable Training Capacity within
the Lesotho Defence Force, tabled in terms of section 231(3)
of the Constitution, 1996.
(n) Agreement between the parties contributing to the Southern
African Development Community's Combined Task Force and the
Government of the Kingdom of Lesotho, providing Military
Assistance to the Kingdom of Lesotho and regarding the Status
of their Armed Forces, tabled in terms of section 231(3) of
the Constitution, 1996.
(o) Cooperation Agreement in the Field of Defence between the
Government of the Republic of South Africa and the Government
of the Republic of Mozambique, tabled in terms of section
231(3) of the Constitution, 1996.
(p) Diplomatic Note Exchange on the Employment of the South
African National Defence Force to render Humanitarian
Assistance to the Mozambican Government during the Widespread
Flooding, tabled in terms of section 231(3) of the
Constitution, 1996.
(q) Diplomatic Note Exchange on the Employment of the South
African National Defence Force to render Logistical Support to
the Mozambican Government during their General Elections,
tabled in terms of section 231(3) of the Constitution, 1996.
(r) Agreement between the Government of the Republic of South
Africa and the Government of the Republic of Poland on
Industrial, Technological and Commercial Cooperation within
the scope of the Military Industries, tabled in terms of
section 231(3) of the Constitution, 1996.
(s) General Security Agreement between the Government of the
Republic of South Africa and the Government of Sweden
concerning the Exchange of Classified Information, tabled in
terms of section 231(3) of the Constitution, 1996.
(t) Agreement between the Government of the Republic of South
Africa and the Government of Sweden concerning Defence
Cooperation, tabled in terms of section 231(3) of the
Constitution, 1996.
(u) Defence Cooperation Agreement between the Government of
the Republic of South Africa and the Government of the United
Arab Emirates, tabled in terms of section 231(3) of the
Constitution, 1996.
(3) The following papers are referred to the Portfolio Committee on
Defence, the Select Committee on Security and Constitutional
Affairs and the Joint Standing Committee on Intelligence:
(a) Protocol on Intelligence Cooperation between the
Government of the Arab Republic of Egypt as represented by the
Director of Military Intelligence and the Government of the
Republic of South Africa as represented by the Chief of
Defence Intelligence, tabled in terms of section 231(3) of the
Constitution, 1996.
(b) Agreement between the Government of the Republic of South
Africa as represented by the Department of Defence and the
Ministry of Defence of the Russian Federation concerning
Defence Intelligence Cooperation, tabled in terms of section
231(3) of the Constitution, 1996.
(4) The following paper is referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Arts, Culture, Science and
Technology and the Select Committee on Education and Recreation
for information:
Report of the Auditor-General on the Financial Statements of Vote
No 5 - Arts, Culture, Science and Technology for 1999-2000.
(5) The following paper is referred to the Standing Committee on
Public Accounts for consideration and report. It is also referred
to the Portfolio Committee on Health and the Select Committee on
Social Services for information:
Report of the Auditor-General on the Financial Statements of Vote
No 15 - Health for 1999-2000 [RP 124-2000].
(6) The following papers are referred to the Portfolio Committee on
Finance and the Select Committee on Finance for consideration and
report:
(a) The Budget Speech of the Minister of Finance [RP 28-2001].
(b) Estimate of Revenue for the financial year ending 31 March
2002 [RP 34-2001].
(c) Taxation Proposals: Income Tax.
(d) Taxation proposals in respect of custom and excise duties
laid upon the Table.
(e) Division of Revenue Bill [B 11-2001] tabled in terms of
section 10(1) of the Intergovernmental Fiscal Relations Act,
1997 (Act No 97 of 1997).
(f) Budget Review 2001 [RP 27-2001], including "Annexure E:
Memorandum to accompany the Division of Revenue Bill", tabled
in terms of section 10(5) of the Intergovernmental Fiscal
Relations Act, 1997 (Act No 97 of 1997).
(g) Appropriation Bill [B 10-2001].
(h) Estimate of National Expenditure 2001 [RP 30-2001].
(i) Memorandum on Vote No 7 - "National Treasury", Main
Estimates, 2001-2002.
(j) Memorandum on Vote No 12 - "Statistics South Africa", Main
Estimates, 2001-2002.
(7) The following programmes of the Memorandum on Vote No 1 -
"Presidency", Main Estimates, 2001-2002 are referred to the
following committees:
(a) Programme 4: National Youth Commission of Vote No 1 to be
referred to the Joint Monitoring Committee on Improvement of
Quality of Life and Status of Youth, Children and Disabled
Persons.
(b) Programme 5: Auxiliary and associated services to be
referred to the Joint Monitoring Committee on Improvement of
Quality of Life and Status of Youth, Children and Disabled
Persons and the Joint Monitoring Committee on Improvement of
Quality of Life and Status of Women.
(8) The following paper is referred to the Portfolio Committee on
Foreign Affairs and the Select Committee on Economic Affairs:
Memorandum on Vote No 3 - "Foreign Affairs", Main Estimates, 2001-
2002.
(9) The following paper is referred to the Portfolio Committee on
Home Affairs and the Select Committee on Social Services:
Memorandum on Vote No 4 - "Home Affairs", Main Estimates, 2001-
2002.
(10) The following paper is referred to the Portfolio Committee on
Provincial and Local Government and the Select Committee on Local
Government and Administration:
Memorandum on Vote No 5 - "Provincial and Local Government", Main
Estimates, 2001-2002.
(11) The following paper is referred to the Portfolio Committee on
Communications and the Select Committee on Labour and Public
Enterprises:
Memorandum on Vote No 25 - "Communications", Main Estimates, 2001-
2002.
(12) The following paper is referred to the Portfolio Committee on
Public Enterprises and the Select Committee on Labour and Public
Enterprises:
Memorandum on Vote No 8 - "Public Enterprises", Main Estimates,
2001-2002.
(13) The following papers are referred to the Portfolio Committee on
Public Service and Administration and the Select Committee on
Local Government and Administration:
(a) Memorandum on Vote No 9 - "Public Service and
Administration", Main Estimates, 2001-2002.
(b) Memorandum on Vote No 10 - "Public Service Commission",
Main Estimates, 2001-2002.
(c) Memorandum on Vote No 11 - "South African Management
Development Institute", Main Estimates, 2001-2002.
(14) The following paper is referred to the Portfolio Committee on
Arts, Culture, Science and Technology and the Select Committee on
Education and Recreation:
Memorandum on Vote No 13 - "Arts, Culture, Science and
Technology", Main Estimates, 2001-2002.
(15) The following paper is referred to the Portfolio Committee on
Education and the Select Committee on Education and Recreation:
Memorandum on Vote No 14 - "Education", Main Estimates, 2001-2002.
(16) The following paper is referred to the Portfolio Committee on
Health and the Select Committee on Social Services:
Memorandum on Vote No 15 - "Health", Main Estimates, 2001-2002.
(17) The following paper is referred to the Portfolio Committee on
Housing and the Select Committee on Public Services:
Memorandum on Vote No 16 - "Housing", Main Estimates, 2001-2002.
(18) The following paper is referred to the Portfolio Committee on
Social Development and the Select Committee on Social Services:
Memorandum on Vote No 17 - "Social Development", Main Estimates,
2001-2002.
(19) The following paper is referred to the Portfolio Committee on
Sport and Recreation and the Select Committee on Education and
Recreation:
Memorandum on Vote No 18 - "Sport and Recreation South Africa",
Main Estimates, 2001-2002.
(20) The following paper is referred to the Portfolio Committee on
Correctional Services and the Select Committee on Security and
Constitutional Affairs:
Memorandum on Vote No 19 - "Correctional Services", Main
Estimates, 2001-2002.
(21) The following paper is referred to the Portfolio Committee on
Defence and the Select Committee on Security and Constitutional
Affairs:
Memorandum on Vote No 20 - "Defence", Main Estimates, 2001-2002.
(22) The following papers are referred to the Portfolio Committee on
Defence and the Select Committee on Security and Constitutional
Affairs:
(a) Memorandum on Vote No 21 - "Independent Complaints
Directorate", Main Estimates, 2001-2002.
(b) Memorandum on Vote No 23 - "Safety and Security", Main
Estimates, 2001-2002.
(23) The following papers are referred to the Portfolio Committee on
Justice and Constitutional Development and the Select Committee on
Security and Constitutional Affairs:
(a) Memorandum on Vote No 22 - "Justice and Constitutional
Development", Main Estimates, 2001-2002.
(b) Government Notice No R.108 published in Government Gazette
No 22027 dated 02 February 2001, Regulations made in terms of
section 40 of the National Prosecuting Authority Act, 1998
(Act No 32 of 1998).
(c) Government Notice No R.109 published in Government Gazette
No 22030 dated 02 February 2001, Designation of special
investigators, appointed in terms of section 19A(1) of the
National Prosecuting Authority Act, 1998 (Act No 32 of 1998),
as commissioners of oaths, made in terms of section 6 of the
Justices of the Peace and Commissioners of Oaths Act, 1963
(Act No 16 of 1963).
(24) The following papers are referred to the Portfolio Committee on
Agriculture and Land Affairs and the Select Committee on Land and
Environmental Affairs:
(a) Memorandum on Vote No 24 - "Agriculture", Main Estimates,
2001-2002.
(b) Memorandum on Vote No 28 - "Land Affairs", Main Estimates,
2001-2002.
(25) The following paper is referred to the Portfolio Committee on
Environmental Affairs and Tourism and the Select Committee on Land
and Environmental Affairs:
Memorandum on Vote No 26 - "Environmental Affairs and Tourism",
Main Estimates, 2001-2002.
(26) The following paper is referred to the Portfolio Committee on
Labour and the Select Committee on Labour and Public Enterprises:
Memorandum on Vote No 27 - "Labour", Main Estimates, 2001-2002.
(27) The following paper is referred to the Portfolio Committee on
Minerals and Energy and the Select Committee on Economic Affairs:
Memorandum on Vote No 29 - "Minerals and Energy", Main Estimates,
2001-2002.
(28) The following paper is referred to the Portfolio Committee on
Public Works and the Select Committee on Public Services:
Memorandum on Vote No 30 - "Public Works", Main Estimates, 2001-
2002.
(29) The following paper is referred to the Portfolio Committee on
Trade and Industry and the Select Committee on Economic Affairs:
Memorandum on Vote No 31 - "Trade and Industry", Main Estimates,
2001-2002.
(30) The following paper is referred to the Portfolio Committee on
Transport and the Select Committee on Public Services:
Memorandum on Vote No 32 - "Transport", Main Estimates, 2001-2002.
(31) The following paper is referred to the Portfolio Committee on
Water Affairs and Forestry and the Select Committee on Land and
Environmental Affairs:
Memorandum on Vote No 33 - "Water Affairs and Forestry", Main
Estimates, 2001-2002.
(32) The following paper is referred to the Joint Standing Committee
on Defence:
Letter from President of the Republic dated 19 February 2001
informing Parliament of the employment of the South African
National Defence Force in compliance with international
obligations of the Republic of South Africa towards the Government
of the Republic of Mozambique for humanitarian assistance during
widespread flooding.
(33) The following paper is referred to the Standing Committee on
Public Accounts for consideration and report.
Report of the Auditor-General on the Financial Statements of Vote
No 14 - Government Communication and Information System for 1999-
2000 [RP 123-2000]. National Council of Provinces:
- The Chairperson:
Message from National Assembly to National Council of Provinces:
Bill passed by National Assembly on 27 February 2001 and transmitted
for concurrence:
National Council for Library and Information Services Bill [B 44B -
2000] (National Assembly - sec 75) - (Select Committee on Education and
Recreation - National Council of Provinces).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Report of the Auditor-General on the Financial Statements of Vote No 30
- Sport and Recreation for 1999-2000 [RP 139-2000].
- The Minister for Justice and Constitutional Development:
(1) Treaty between the Government of the Republic of South Africa
and the Government of Canada on Extradition, tabled in terms of
section 231(2) of the Constitution, 1996.
(2) Treaty between the Government of the Republic of South Africa
and the Government of Canada on Mutual Legal Assistance in
Criminal Matters, tabled in terms of section 231(2) of the
Constitution, 1996.
(3) Explanatory Memorandum to the treaties.
COMMITTEE REPORTS:
National Council of Provinces:
-
First Report of the Select Committee on Economic Affairs on Constitutive Act of the African Union, dated 27 February 2001:
The Select Committee on Economic Affairs, having considered the request for approval by Parliament of the Constitutive Act of the African Union, referred to it, and having conferred with the Select Committee on Finance and the Select Committee on Security and Constitutional Affairs, recommends that the Council, in terms of section 231(2) of the Constitution, approve the international agreement containing the Constitutive Act.
Report to be considered.
- Second Report of the Select Committee on Economic Affairs on Constitutive Act of the African Union, dated 27 February 2001:
The Select Committee on Economic Affairs, having considered the request
for approval by Parliament of the Constitutive Act of the African
Union, referred to it, and having conferred with the Select Committee
on Finance and the Select Committee on Security and Constitutional
Affairs, further reports as follows:
1. The Committee does not wish to, and should not be understood to,
be proposing the adoption of any reservations or of a declaration
in respect of the said Act.
2. The Committee accepted that the Act would have some far-reaching
implications and obligations for South Africa, but that South
Africa would not be able to continue its prominent role in the
subregion and on the continent if it remained outside the
framework of the Act. Although there is understanding for the
implications the Act has for South Africa, it is, from a political
point of view, imperative that the Act be ratified as a matter of
priority if South Africa wishes to remain a committed, influential
and credible member of both the OAU/AEC and the SADC.
3. However, the Act appears to contain -
(i) various clauses that could be open to different
interpretations;
(ii) various clauses that appear to be contradictory; and
(iii) clauses that may be interpreted as impinging upon the
sovereignty of Member States, in the executive,
legislative or judicial spheres, more than is usual in
the case of the formation of such a Union.
4. Due to constraints of time and information, the Committee wishes
to only highlight two such examples, which are possibly of a more
serious nature.
5. Firstly, there are the various clauses that deal with the issue
of socio-economic policies and integration of the continent, in a
potentially contradictory manner, or which may be interpreted as
possibly impinging on the sovereignty of the Member States, or
which, at the very least, could be open to various
interpretations.
On the one hand, there are provisions providing -
(i) in article 3(c), that an objective of the Union shall be
to accelerate the political and socio-economic
integration of the continent;
(ii) in article 3(l), that an objective of the Union shall be
to co-ordinate and harmonise the policies between the
existing and future Regional Economic Communities for the
gradual attainment of the objectives of the Union;
(iii) in articles 9(1)(a) and (e), that the Assembly shall
determine the common policies of the Union and monitor
the implementation of policies and decisions of the
Union; and
(iv) in article 13(2), that the Executive Council shall be
responsible to the Assembly, and shall consider issues
referred to it and monitor the implementation of policies
formulated by the Assembly.
On the other hand, there are provisions providing -
(i) in article 13(1), that the Executive Council shall co-
ordinate and take decisions on policies in areas of
common interest to the Member States, and then 12 such
specific grounds are included, like education, social
security and so on; and
(ii) in article 11, that the decisions of the Executive Council
may be taken by a two thirds majority of the Member
States.
6. Secondly, the issue of whether the Act is consistent with
International Law and South Africa's international obligations,
requires examination.
In this regard there are some provisions, read individually or
collectively, which require further attention, namely -
(i) article 3(b), requiring states to defend the sovereignty,
territorial integrity and independence of its Member
States;
(ii) article 4(d), on the establishment of a common defence
policy for the African Continent;
(iii) article 4(h), on the right of the Union to intervene in a
Member State pursuant to a decision of the Assembly in
respect of grave circumstances, namely war crimes,
genocide and crimes against humanity;
(iv) article 4(j), on the right of Member States to request
intervention from the Union in order to restore peace and
security; and
(v) articles 7 and 11, allowing for decisions of the Assembly
and the Executive Council, respectively, to be taken by a
two thirds majority of the Member States.
The difficulty with these provisions, as presently worded, is that
they may be used to justify a use of force in contravention of
International Law and the Charter of the United Nations. Article
2(4) of the Charter of the United Nations provides that all
"Members shall refrain in their international relations from the
threat or use of force against the territorial integrity or
political independence of any state, or in any other manner
inconsistent with the Purposes of the United Nations". In
exceptional circumstances, where force may be used, this can only
be done in self-defence or with the authorisation of the Security
Council (Chapter VII of the UN Charter).
It should also be noted that interventions and the use of armed
force without Security Council authorisation are illegal.
According to prevailing legal opinion, there is an indication that
international law may be changing in this regard. The recent NATO
intervention in Kosovo (though by no means uncontroversial) is a
case in point. Furthermore, there is a trend in interpreting
Article 51 of the UN Charter (which condones the use of force for
individual or collective self-defence until the Security Council
has become seized of the matter) very widely to condone
interventions.
Thus, it can be said that the aforementioned provisions do not per
se give a right to use force, but, at the very least, they may
present the opportunity for such an interpretation. Therefore, the
conclusion may be reached that both international law on the use
of armed force and the provisions of the Act are possibly open to
interpretation. Having said that, however, the possibility of
having the Act conflict with International Law, including the UN
Charter, may be a serious one and must be considered seriously.
7. In response to the above issues and other matters raised by the
Committee, the Department of Foreign Affairs has indicated that
the Act is a mere skeletal framework underpinning such an African
Union, which will have to be elaborated on for its effective
implementation. This elaboration may take place by way of
negotiation and adoption of various protocols on specific aspects
of the Act or decisions of the Assembly or revision and amendment
of the Act in accordance with Article 32. The Department is of the
view that this will provide the opportunity to ensure that the
potential problems identified by the Committee would be able to be
dealt with through these processes, which are intended to
concretise the provisions contained in the Act. The Committee
agrees with this point of view and the approach suggested by the
Department. The Committee recommends accordingly.
8. It is recommended that the Executive monitor the processes
leading to the adoption of the Act and the implementation of the
Act upon adoption, to ensure that it is interpreted and applied in
accordance with our Constitution and legal dispensation and our
obligations under International Law and international conventions
and treaties. The Committee would further like to recommend that,
during the process of negotiation, drafting and adoption of such
protocols and the implementation of the Act, Parliament be kept
informed of progress, including, if and when possible, to be
consulted on such processes, in an inclusive attempt to strengthen
the hand of our negotiators during such processes.
Report to be considered.