National Council of Provinces - 30 October 2001
TUESDAY, 30 OCTOBER 2001 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 14:05.
The Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
QUESTIONS AND REPLIES - see that book.
NOTICES OF MOTION
Mr K D S DURR: Chairperson, at the next sitting of this House I shall move:
That the Council -
(1) in the light of the new circumstances and realities, views with alarm the developments in and around the Coega Bay development project;
(2) notes that, in spite of the fact that the required impact study is apparently not as yet completed, large-scale irreversible infrastructure developments are taking place;
(3) further notes with alarm that this is taking place in spite of the withdrawal from the project of the major core tenant, Billiton, with their stainless steel plant cancelled; and
(4) calls upon the Government to put the project on hold until such time as the viability and the need and desirability of the project have been properly evaluated and considered against the background also of the environmental impact study and the new economic realities.
Mr M V MOOSA: Chairperson, I shall move at the next sitting of the House:
That the Council -
(1) notes -
(a) with concern the apparent lenience granted by Nedbank to the
Democratic Alliance for not honouring its overdraft obligations
for an outstanding debt totalling R5 million;
(b) that small and medium enterprises struggle to get start-up
funding for their businesses and yet it is easy for the DA to
get funds;
(c) that this lenience is not afforded to small, medium and micro
enterprises, which are a crucial and central plank of
Government's economic development strategy; and
(d) Nedbank and the major commercial banks' negligible contribution
to small, medium and micro enterprises which provide an
essential vehicle for poverty alleviation and job creation in
previously disadvantaged communities; and
(2) calls on the financial and banking sector to demonstrate commitment to small business development and black empowerment by relaxing its strict criteria that prevent this vital sector from gaining access to financial, managerial and professional assistance.
Mr D M KGWARE: Madam Chair, I would like to move at the next sitting of the House:
That the Council -
(1) notes with glee the swift and much anticipated demise of the Democratic Alliance;
(2) notes that the demise is in the main the result of the bully-boy actions of its arrogant leader Mr Tony Leon, who seems to derive extreme delight in thumbing his nose at the values and principles of democracy and who seems to have an overinflated estimation of his self-importance;
(3) also notes that the DP is on a road to nowhere and with them their
racist Fight Back'' andKeep Blacks Out’’ campaigns; and
(4) believes that they will assume their rightful place as minnows in the greater order of politics in South Africa.
Rev M CHABAKU: Chairperson, I wish to give notice of the following motion:
That the Council -
(1) notes -
(a) with concern and appreciation the statement by the hon Mr Van
Schalkwyk on SAfm yesterday morning in which he exposed what the
Democratic Alliance with the DP component really stands for; and
(b) that in the SAfm interview, Mr Van Schalkwyk insinuated that a
senior DA member said that whenever the South African Government
is faced with problems, the DA must rejoice as this would be in
its favour;
(2) believes that democracy can only be achieved through constructive dialogue and opposition; and
(3) therefore calls upon the DA to desist from this destructive behaviour and embrace the principles of democracy.
BREAST-MILK BANK
(Draft Resolution) Mrs J N VILAKAZI: Chairperson, I move without notice:
That the Council -
(1) notes with pleasure the launching of Africa’s first community-based “breast-milk bank” for Aids orphans and babies abandoned by HIV- positive mothers;
(2) acknowledges that scores of children die of opportunistic diseases in their first year of life because of weak immune systems;
(3) supports the action taken by 20 volunteer mothers who donate 40 litres of breast milk a month, which is stored in aseptic bags and pasteurised before fed to the babies; and
(4) hopes that more preventive measures would be taken to assist children born of HIV-positive mothers as a means of curbing this life- threatening disease.
Motion agreed to in accordance with section 65 of the Constitution.
ECONOMIC GESTURE BY SASOL IN SECUNDA COMPLEX
(Draft Resolution)
Mr R M NYAKANE: Chairperson, I move without notice:
That the Council -
(1) notes with appreciation the R10 billion economic boom Sasol will inject into the Secunda Complex;
(2) notes that this economic gesture demonstrates Sasol’s total commitment to the creation of sustained job opportunities in South Africa; and
(3) calls upon big companies like Old Mutual and Anglo Billiton to follow suit.
Motion agreed to in accordance with section 65 of the Constitution.
SOUTH AFRICAN SPORTING SUCCESSES
(Draft Resolution)
Mr N M RAJU: Chairperson, I move without notice:
That the Council, noting some remarkable successes achieved recently by South African sportsmen and teams, congratulates -
(1) Retief Goosen, the first South African in almost 20 years to reach top spot in the European Order of Merit - no mean achievement for a golfer who has been playing his golf internationally in the formidable shadow of the other South African world-class golfer, ``Big Easy’’ Ernie Els;
(2) Lindani Ndwandwe, former caddie and now Durban Country Club professional, who became the first black golfer in the last 10 years to win the Sunshine Tour when he captured the R200 000 Western Cape Classic played at Rondebosch Golf Club two weeks ago; and
(3) the Amakhosi (Kaizer Chiefs) for reaching the finals of the Mandela Cup when they emerged victorious against Club Africain of Tunisia 3-0 (aggregate) during the weekend.
The CHAIRPERSON OF THE NCOP: Is there any objection to that motion?
Mr M V MOOSA: Madam Chair, I do not support the last part of the motion. [Laughter.]
The CHAIRPERSON OF THE NCOP: Mr Moosa, do you honestly object?
Mr M V MOOSA: Yes, Chairperson. I am a Bucks supporter. [Laughter.] [Interjections.]
The CHAIRPERSON OF THE NCOP: Order! We have to follow the Rules, hon members. There is an objection, and the motion will therefore become a notice of motion. [Interjections.]
NEW NP'S COMMITMENT TO CO-OPERATIVE GOVERNANCE
(Draft Resolution)
Mnr A E VAN NIEKERK: Voorsitter, ek stel sonder kennisgewing voor:
Dat die Raad -
(1) saamstem dat ‘n herrangskikking van die Suid-Afrikaanse politieke landskap ná die demokratiese verskiesing van 1994 onafwendbaar was;
(2) daarvan kennis neem dat die Nuwe NP in die lig van die voorafgaande, hom opnuut verbind tot samewerkende inklusiewe regering soos uiteengesit in sy verkiesingsmanifes van 1999; en
(3) voorts daarvan kennis neem dat dié samewerkende gees reeds geruime tyd in die NRP gevestig is en weerspieël word in die styl en vlak van debatvoering in die Raad, en die vertroue uitspreek dat alle lede hierop sal voortbou. (Translation of Afrikaans draft resolution follows.)
[Mr A E VAN NIEKERK: Chairperson, I move without notice:
That the Council -
(1) agrees that a rearrangement of the South African political landscape after the 1994 democratic elections was unavoidable;
(2) notes that, in the light of the aforementioned, the New NP once again commits itself to co-operative, inclusive governance, as set out in its 1999 election manifesto; and
(3) further notes that for a considerable time already this co-operative spirit has been established in the NCOP and is reflected in the style and level of debate in the Council, and expresses the hope that all members will build on this.]
[Interjections.]
The CHAIRPERSON OF THE NCOP: Order! Is there any objection to the motion? [Interjections.]
Mr L G LEVER: Madam Chair, I propose the following amendment:
That we, based on our past experience, wish the ANC the best of luck and the greatest joy, because we know they will experience the same in their upcoming engagement and marriage with the New NP.
[Interjections.] [Laughter.]
The CHAIRPERSON OF THE NCOP: Order! I take it that that is an objection to that motion, and the motion will therefore become notice of a motion.
CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA AMENDMENT BILL
(Debate on particulars of proposed constitutional amendments on Bill in terms of section 74(5)(c) of the Constitution)
The MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Madam Chairperson, I am indeed honoured to have been invited to participate in this debate on the proposed constitutional amendments that were published in the Gazette dated 13 July 2001, particularly since it is the first legislation of this kind that I am introducing in my constitutional development portfolio.
As is always to be expected, the draft Bill which was published in the Gazette differs slightly from the Bill as introduced, which is the subject of this debate. The reason for this difference is that, on the advice of the Chief State Law Adviser, a proposed amendment of section 155 of the Constitution was transferred to the Constitution of the Republic of South Africa Second Amendment Bill which is required, in terms of the Constitution, to be passed by this House as well.
We should also not be ignorant of the fact that the Bill forming the subject of this debate is currently being considered by the National Assembly and that certain amendments thereto are being contemplated.
The Bill amends the Constitution in respect to the following three areas: the judiciary, the appointment of Deputy Ministers, and the borrowing powers of local governments.
With regard to the judiciary, provision is made for the office of the President of the Constitutional Court to become that of the Chief Justice of the Republic of South Africa. This necessitates a number of consequential amendments, including the conversion of the offices of the Deputy President of the Constitutional Court to Deputy Chief Justice; Chief Justice of the Supreme Court of Appeal to President of the Supreme Court of Appeal; and Deputy Chief Justice to Deputy President of the Supreme Court of Appeal.
Secondly, Section 176 of the Constitution is amended in order to enable the legislature to extend the term of office of the Constitutional Court judges by means of an Act of Parliament. At present section 176 provides that Constitutional Court judges hold office for a nonrenewable term of 12 years and must retire at the age of 70, whereas other judges hold office until they are discharged from active service in terms of an Act of Parliament.
The background regarding the changing of the office of the President of the Constitutional Court to Chief Justice can briefly be summarised as follows. Since the advent of the new constitutional dispensation and the establishment of the Constitutional Court, there has been uncertainty as to which court is the highest or apex court in the Republic, and likewise, which office is the highest judicial office.
The present office of the Chief Justice stems from the pre-1994 dispensation when the Republic had a Supreme Court of South Africa comprising an appellate division, and various provincial and local divisions with the Chief Justice heading the appellate division and clearly being the most senior judicial officer in the country.
In terms of the new Constitution, the Constitutional Court is the highest court in all constitutional matters, and the Constitution is the supreme law of the Republic. The Chief Justice at present is neither a member of the Constitutional Court nor does he or she exercise any jurisdiction over the judges of that court.
The Constitution also assigned most of the functions which, in the previous dispensations, would have been performed by the Chief Justice to the President of the Constitutional Court, such as the swearing in of the President of the Republic, Deputy President, Ministers and premiers.
In terms of section 178(1), the Chief Justice is the chairperson of the Judicial Service Commission. It is therefore understandable that there has been a growing unease within the legal fraternity around the question of which office constitutes the head of the judiciary of the Republic.
During October 2000, I hosted a legal colloquium which was attended by participants from all branches of the legal fraternity. The following issues were discussed at that colloquium: one, the strengths and weaknesses of the judicial system; two, challenges facing the administration of justice; three, the structures and hierarchy of the courts; and four, other relevant issues which affect service delivery and impact on the functioning of the courts.
During the colloquium certain strong views emerged, the most notable of which were that there should be a head of all judicial officers in the Republic who should be the Chief Justice of South Africa, and that he or she should be the head of the Constitutional Court.
On 2 April 2001, I met with the President of the Constitutional Court and the heads of all the other superior courts in Cape Town. The purpose of this meeting was to seek consensus on certain of the principal issues arising from the said colloquium, as well as to determine the way forward in respect of the promotion of certain broader legislative reforms and other required steps.
All persons attending this meeting were in agreement that the Constitution should be amended so as to make provision for the Chief Justice to be the head of the Constitutional Court, and for the present office of Chief Justice, that is, the head of the Supreme Court of Appeal, to become the President of the Supreme Court of Appeal.
Permit me to make a few remarks regarding amendments to section 176 of the Constitution. Unlike Constitutional Court judges, judges of the Supreme Court of Appeal and the High Courts are appointed for life, as the principle of ``once a judge always a judge’’ applies here. Although they never officially retire, they can be discharged from active service in a number of ways which are determined by means of factors such as their years of active service, age, health, etc. Once a judge is discharged from active service, he or she receives a tax-free gratuity and also continues to receive a salary for life, and upon his or her death, the surviving spouse of such a judge receives a percentage of such salary for life.
However, on the vacation of a Constitutional Court judge from his or her office, he or she receives a once-off tax-free gratuity. In the event of his or her death while in office, the surviving spouse concerned will receive a gratuity equal to the amount which the judge would have been entitled to if he or she had vacated his or her office.
During discussions held with me earlier this year, the President of the Constitutional Court, Justice Arthur Chaskalson, made it clear that Constitutional Court judges, excluding those who were also High Court judges, were experiencing this perceived lack of security of tenure as a distinct disadvantage when compared to the dispensation of other judges. Moreover, it makes it difficult to attract the most suitable candidates to serve as Constitutional Court judges as those persons are unwilling to give up prosperous careers in order to serve as a judge for a fixed term of 12 years.
The amendment to section 176 will enable Parliament to bring the dispensation relating to judges of the Constitutional Court on par with those of other judges, and will allow us to attract and retain the services of the foremost constitutional jurists to preside in the court that is the ultimate guardian of our Constitution.
I said that we are going to deal with the issue of the appointment of Deputy Ministers as well. In terms of section 91(3) of the Constitution, the President of the Republic may select any number Ministers from among the members of the National Assembly and may select no more than two Ministers from outside it. In terms of section 93, Deputy Ministers may however be appointed from among the members of the National Assembly only.
The effect of the requirement in section 93 that Deputy Ministers must be appointed from amongst the members of the National Assembly is that if the President appoints a Deputy Minister from a party that has very few members of Parliament, that party’s effective participation in the ordinary business of Parliament might be compromised severely.
Clause 5 of the Bill is consequently aimed at bringing section 93 into line with section 91(3) by making provision for the appointment of not more than two Deputy Ministers from outside the National Assembly. The amendments being contemplated by the National Assembly to sections 54 and 58 of the Constitution are consequential to clause 5, and relate to accountability and privileges of non-National Assembly Deputy Ministers.
I also said that we would then deal with the borrowing powers of local governments. As originally introduced, this Bill contained two provisions originally sponsored by the National Treasury and endorsed by Cabinet, namely the Financial Emergency Amendment in the original clause 9 and the ``fettering’’ amendment in the original clause 10.
As approved by the National Assembly portfolio committee, the Bill includes only the fettering amendment. With the agreement of the Minister of Finance, the financial emergency amendment has been delayed for further consultation on the question of how this clause relates to the provincial and proposed national authority to intervene in the municipalities pursuant to section 139 and, may I say, section 100 as well of the Constitution.
The Bill originally added subsection 155(8) to the Constitution. This section envisioned an authority, to be created by legislation, which could exercise budgetary and related powers in order to restore a municipality in financial crisis to health. As a result of the comments received during the National Assembly portfolio committee hearings, it became clear that further consultation was needed, especially in relation to four clauses originally contained in the second amending Bill relating to municipal interventions. This matter will therefore be taken up again as part of a separate Bill at the start of the next legislative term.
With regard to the fettering clause, the Bill also originally added a new section 156(6) to the Constitution. The aim was to empower municipal councils to bind themselves and successor councils in order to give security to investors. This should allow municipalities to borrow for longer terms and at a lower cost. After the National Assembly portfolio committee’s hearings, it was agreed to accomplish this same objective by adding a new section 230A to the Constitution.
The new 230A, and the amendments to the existing section 230 in the second
amending Bill, accomplish the following: municipal borrowing is separated
from provincial borrowing; councils are empowered to bind their successors’
legislative and executive authority in order to secure loans and
investments; and an ambiguity between bridging during a fiscal year'' and
allowing12 months’’ to repay, in the case of short-term borrowing, is
eliminated. [Applause.]
Kgoshi M L MOKOENA: Chairperson, we had an agreement with the Minister that I would not touch on any of what he said, but I will emphasise everything that he said. [Laughter.] There are times when people are obliged to make some changes that are in line with current trends or current events. Therefore, there is no wisdom for any government to stick like glue to laws that are becoming irrelevant to current events.
It was therefore not surprising when this proactive Minister for Justice and Constitutional Development made it possible for some of these amendments to our Constitution to be made. By his conduct, one can now see that there is a big difference between getting ready to act and starting to act. Many people are forever getting ready to act, but not starting to act. I say thanks to the Minister.
As the Minister said, let me touch on some amendments under the judiciary. Many of us will recall that at a justice colloquium, referred to by the Minister, which was held in October last year, the South African judicial system came under intense scrutiny. A number of decisions were reached which needed to be implemented to bring our judicial system in line with the needs of our Constitution.
One of the proposals made was that we should have a single judiciary with a single head. This constitutional amending Bill seeks to give effect to that decision. It proposes that our judiciary be headed by a Chief Justice, who should also be the head of the Constitutional Court.
This, in turn, necessitated a number of consequential amendments to the Constitution, such as the conversion of the office of the President and Deputy President of the Constitutional Court to that of Chief Justice and Deputy Chief Justice respectively. The Chief Justice of the Supreme Court of Appeal will now be known as the President of the Supreme Court of Appeal, and so forth.
It means, therefore, that all references to the above offices had to be changed wherever they occurred in the Constitution. One of the problems which arose as a result of the decision to create a single judiciary was the difference in tenure of judges of the Constitutional Court and the judges of our lower courts.
The amendment proposed under section 176(1) of our Constitution, as the Minister said, is simply to harmonise or remove the uncertainty of the tenure or terms of office of Constitutional Court judges. Unlike the original proposal, section 176(1) now proposes that a Constitutional Court judge hold office for a nonrenewable term of 12 years or until he or she attains the age of 70, whichever occurs first, except where an Act of Parliament extends the term of office for that particular Constitutional Court judge. A balance, therefore, needed to be found to bring about uniformity without creating an opportunity for the kind of unintended consequences which would have flowed from the original amendment. As I said, the Bill now makes it possible for a term to be extended through an Act of Parliament if necessary.
There are some people who are glued to old ideas. For one to unglue them, one has to use an iron hammer. Let us face it, there is a galaxy of talent or brains which are wasted out there. What if that particular somebody could make a valuable contribution to this Government, but, unfortunately, he or she is not in the National Assembly?
We have dedicated and committed South Africans outside Parliament. What is wrong if the President could, if he so wished, appoint any person to serve as a Deputy Minister even if that person was not a member of the National Assembly? There is nothing wrong with that. It is, therefore, proposed that the President be able to appoint any person to serve as a Deputy Minister, even if that person is not a member of the National Assembly. However, the President may not appoint more that two Deputy Ministers who are not members of the National Assembly.
These kinds of amendments can only be brought about by people who do not only think of themselves, but who have the interests of the country at heart. These amendments will allow the President to cast his net as wide as he can. The same arrangement is made with regard to Ministers, as hon members are aware, under section 93 of our Constitution. Therefore, there is nothing new about this proposal.
No investor will invest in an institution which is not stable. Our municipalities need support from national Government. With the insertion of this new section 230(A) in Act 108 of 1996, we are giving municipalities power to raise loans if there is a need. In this proposal we want to make it possible for the municipalities to bind themselves and even to bind future councils.
This will give confidence to investors or financial institutions, which might be willing to provide such loans to municipalities. As we are, we all need strong, stable, capable and reliable municipalities. I would like to thank my colleagues, hon members who serve on the select committee, for their tireless efforts. We are where we are today because of their support. [Applause.]
Mr L G LEVER: Chairperson, the Constitution of the Republic of South Africa Amendment Bill comes before this House in terms of Rule 85 of the rules of the National Council of Province. That means that the amendments to the Constitution do not directly affect the powers of the National Council of Provinces or the provinces themselves, and that whilst we debate the Bill, we do not vote on it.
The Bill went through a lengthy and detailed process in the portfolio committee of the National Assembly. Public hearings were held, and many people who had an interest in the proposed changes to the Constitution made written and oral submissions. I attended many of these public hearings and can testify to the fact that the process was inclusive and that all parties strove to reach consensus.
It is fitting that proposed amendments to the Constitution should go through such a painstaking process, as it is no ordinary piece of legislation. It should not be amended on a whim. Members of this House and members of the public may be surprised to see a second Bill with proposed amendments to the Constitution coming before us shortly. The reason for the two separate Bills lies in the Constitution itself, and the practices and Rules of Parliament.
The Bill now before this House, in its present form, does not directly affect the powers of this House or any other powers or matters referred to in section 74(3)(b) of the Constitution. In essence, the proposed amendments to the Constitution have been divided into two groups. In short, the Bill presently before us does not require this House to vote on it, but merely to debate it. The Bill that will shortly come before this House will require both a debate and a vote. If one compares the Bill now before this House with the form and content of the Bill as it was originally introduced in the National Assembly, it is quite clear that we are dealing with a very different Bill today. The proposed amendments currently before this House provide that the President may appoint two Deputy Ministers from outside the National Assembly. Previously the Constitution provided that the President may only appoint Ministers from outside the National Assembly. The current amendment goes further to say that such Deputy Ministers appointed from outside the Assembly will in fact be responsible and accountable to Parliament as well.
The proposed amendments also allow for certain changes to the term of office of Constitutional Court judges. The principle that Constitutional Court judges should hold their office for a fixed term or until such judge reaches the age of 70 is a sound one. The present changes would allow for individual changes where an Act of Parliament would be found appropriate to effect such a change.
Finally, the proposed amendments provide for municipal councils to raise loans in accordance with national legislation, and in fact to bind future councils to honour those debts. In essence, there is no vote on this, but in the present form, the DP will support these amendments. [Applause.]
Mnr P A MATTHEE: Voorsitter, soos reeds aangetoon deur die Minister en vorige sprekers, handel hierdie wysigingswetsontwerp tot die Grondwet oor drie aangeleenthede, naamlik die regbank, die aanstelling van adjunkministers en plaaslike regering.
Die Nuwe NP steun hierdie wetsontwerp ten opsigte van al drie hierdie aspekte. Daar is egter een aangeleentheid waarna die agb Mr Lever ook sydelings verwys het, wat ek tog net graag ‘n oomblik by wil stilstaan, en dit is die hele kwessie van die prosedure van hoe hierdie wetsontwerp vandag deur die NRP gaan, in die opsig dat ons nie daaroor stem nie. (Translation of Afrikaans paragraphs follows.)
[Mr P A MATTHEE: Chairperson, as the Minister and previous speakers have already indicated, this Constitution of the Republic of South Africa Amendment Bill deals with three matters, namely the judiciary, the appointment of Deputy Ministers and local government.
The New NP supports this Bill in respect of all three of these aspects. However, there is one matter which the hon Mr Lever also referred to in passing, upon which I would like to dwell for a moment, and that is the whole question of the procedure to be followed in the passing of this Bill through the NCOP today, in the sense that we shall not be voting on it.]
We do not vote on it, and in fact, therefore, the provinces as such have no say as far as this specific amendment is concerned. Hon members will note that on page 10, at the end of the memorandum, it says that this Bill will be dealt with in accordance with the procedures established by section 74(3)(a) of the Constitution since it contains no amendment which relates to a matter that affects the National Council of Provinces. That is the first point. Point two is not really relevant, and the third one refers to amendments to provisions that deal specifically with a provincial matter.
It is so that this National Council of Provinces, this House, actually has the interests of provinces at heart. If one looks at Schedule 5 and Schedule 4, one sees that there are very pertinent local government matters dealt with by provinces. If one looks at specifically section 155(6) and (7) for instance, one sees that each provincial government must establish municipalities in its province in a manner consistent with the legislation in the relevant Act, and must provide for the monitoring and support of local government in the province. Subsection 4 also talks about the provincial government having the legislative and executive authority to see to the effective performance by municipalities of their functions in respect of certain matters listed.
This amendment to the Constitution, specifically as far as local government is concerned, is there to actually assist municipalities that have financial problems and to make it possible for them, under certain circumstances, where there would be national legislation, to get loans and investments, etc, as it is dealt with, and specifically as far as the new section 230A, which will now be included in the Constitution, is concerned.
I raised this at a committee level, and the answer given to me was that there is no certainty as far as this is concerned, and that there are different interpretations by different lawyers, or it is open to different interpretations. I would plead that where there is any doubt, and there is a case to be made out for whether this House should be involved and therefore the provinces should be involved, the interpretation should be given so that this House can be involved and we can get our mandate from our provinces as well, because this House certainly plays a very important role as far as local government is concerned and more specifically because, even though it does not have a vote, Salga is also represented in this House.
I am very sorry that this Bill is not being dealt with in a way in which this House and the provinces could be more involved, and could have mandates and a vote on it. I wonder whether the Minister could maybe just touch on that in his reply. We support the rest of the Bill. [Applause.]
Umntwana B Z ZULU: Ngqongqoshe wezobuLungiswa, Sekela Ngqongqoshe wezokuVikela nomKhandlu. UMthethosisekelo wezwe wakhelwe ukubhekela izidingo zabantu abalakhele. Yiwo ongumgogodla wenhlalakahle nenqubekelaphambili yokuphila kwabo. Izwe elinomthethosisekelo owakhelwe entandweni yeningi libuswa ngobulungiswa.
Izigatshana ezahlukeneyo zomThethosisekelo wezwe zashicilelwa emuva kokubonisana okunzulu ngababemele amaqembu kanye nezakhamizi zaleli zwe, ngakho ukuchibiyela isigatshana esithize kumThethosisekelo akusiyo into ongacabanga ufinyelele kalula ekutheni uyenze, kepha kwenzeka ngenxa yesidingo esibonakalayo sezwe.
Izwe elithuthukayo njengeNingizimu Afrika kuyaliphoqa ukuthi libuye lihlale phansi libonisane ngokubuyekeza izigatshana ezithile kumThethosisekelo ukuze uvumelane nenqubebekela-phambili yezwe. (Translation of Zulu paragraphs follows.)
[Prince B Z ZULU: Hon Minister of Justice, Deputy Minister of Defence and the Council, the Constitution of the country is there to look after the needs of its people. It is the backbone of welfare and the improvement of their lives. A country with a constitution that is built upon the foundation of democracy is governed through justice.
Many different clauses of the Constitution were published after a thorough consultation between party representatives and those who were representing the citizens of this country. Therefore, amending a particular clause in the Constitution is not something that one can think about and just do. It is done only if there is a serious need for it in the country.
A developing country like South Africa is forced to sit down and negotiate amending certain clauses in the Constitution so that it will be aligned with the development of the country.]
The constitutional amendments proposed by this Bill are based on the distinctive view of the relationship which should exist between the judiciary pertaining to their term of office as well as consequential amendments. The Bill also provides for the substitution of section 230 of the Constitution, in that a municipal council may raise loans for capital expenditure of the municipality, and loans for current expenditure may be raised also, when it is necessary, for bridging purposes during a fiscal year.
This means that municipalities may continue functioning while experiencing serious financial problems, as they restructure to resolve such problems. This Bill enables Parliament to enact legislation to allow for the exercise of executive and legislative authority on behalf of a municipality, in circumstances in which this is necessary in order to resolve a financial emergency in the municipality.
The clause empowers the local government to borrow long-term funds. It empowers the municipality to bind itself in future in the exercise of its executive and legislative powers, in order to borrow funds for capital at a cheaper rate and over a long period. These amendments are necessary as they provide a missing piece in the Government’s strategy for dealing with municipal financial problems.
The policy framework for municipal borrowing and financial emergencies envisions the creation of a municipal financial emergency authority, which could direct the financial structuring of a municipality when there is no alternative.
The restructuring process envisioned in the policy framework could be resolved by the municipality itself if it seeks relief from unmanageable debt by an MEC, or Minister if necessary, to supplement a national or provincial intervention in terms of section 100, section 139, or by a party to a contract if the municipality is in default of its contractual obligation.
The underlying purpose of the policies outlined in the policy framework is to restore the municipality to financial health as soon as possible. We therefore support this Bill. [Applause.]
The MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Chairperson, I must thank you and this House for this very quick debate indeed in this regard.
The only issue, really, that warrants a response is the issue raised by hon member Matthee. I would readily concede that a careful reading of the relevant section, namely section 74(3)(a), especially when one is reading it in relation to a Bill such as this one, is capable of two interpretations. I must say that, nonetheless, as the department we accepted the one interpretation, because we thought that if we were to err at all we should err on the side of caution.
I am certain that as we all gather the necessary experience, we will be able to interpret this clause better. So no slight was intended at all as far as the debate in this House was concerned. It is just that when we were looking at these interpretations and there was this uncertainty, this is how we reacted.
May I say, initially, that we were not thinking of section 74(3)(a) at all. The issue arose when the Chief State Law Adviser raised it and said there was this issue. That is why, as hon member Mr Lever indicated, quite correctly so, we then had to separate the issues into two constitutional amending Bills, because there was this debate about whether or not the one part required both a debate and a vote in this House or just a debate. Eventually we settled for this debate. [Applause.] Debate concluded.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! We thank the hon the Minister for agreeing to come to debate the particulars of this particular amendment.
POSTAL SERVICES AMENDMENT BILL
(Consideration of Bill and of Report thereon)
Ms M P THEMBA: Chairperson and hon members, this Bill is essential to ensuring the provision of universal and affordable postal services to all the people of South Africa. Access to reliable and efficient postal services contributes to the success of development programmes and policies and to the dignity and respect of South African citizens.
The postal service is the most used source of communication amongst the people, especially in rural areas. It therefore deserves to be complete in its development. This Bill ensures universal service, establishes the definition and composition of the postal regulator, and strengthens the enforcement of crime prevention.
Clause 1 of this Bill changes the definition of Regulator'' from
Directorate: Postal Regulation’’ to ``Postal Regulator’’. It proposes
that the regulator consist of a chairperson, who will be appointed by the
Minister of Communications for a period of no more than five years. The
chairperson will no longer be required to be the most senior person in the
postal policy division of the department.
This Bill also amends the job description of the postal regulator in order to create a clear separation between roles in policy and regulation. The new regulator will consist of three individuals: a chairperson and two officers of the Department of Communications, also designated by the Minister.
This Bill includes a number of other elements, which I would like to mention briefly. Clause 6 inserts section 30A into the principal Act in order to empower the SA Post Office to provide insurance of mail and other postal articles. This ensures that South Africa is in line and able to comply with the same standards for mail delivery and postal administration as other countries. The maximum amount for which one can ensure will be R2 000.
Clause 7 amends section 35 of the principal Act. It does this by making provision for more than one office to be able to handle undeliverable articles that must be returned. Clause 12 lays out a transitional provision, which empowers the Minister to appropriately appoint a substitute to the position for the period between the terms of the incumbent and the new appointee with regard to the amended composition of the regulator.
The Bill also provides for checks and balances in that the department controls the allocation of all finances and, therefore, it would be impossible for the regulator to exercise excessive autonomy.
This Bill ratifies the identified ambiguities and shortcomings of the Postal Services Act of 1998 and seeks to align South African postal delivery with global standards.
The Bill strengthens the principles laid down in the Postal Services Act of 1998, in that it encourages the development of human resources and capacity- building within the postal industry, which takes into account the training of, among others, women and people with different abilities who were grossly neglected or ignored by the previous dispensation. These people yearn for empowerment; they want to live like all other people.
It is our view that this Bill will go a long way towards establishing a framework for efficient and viable postal services in our country. We therefore support this Bill and the policy that underpins it. [Applause.]
Debate concluded.
Declaration of vote: Dr P J C NEL: Voorsitter, ten spyte daarvan dat hierdie wysigingswetsontwerp oënskynlik net ‘n paar geringe amendemente aanspreek, beskou my party dit as noodsaaklike wysigings wat daartoe kan bydra dat die posdiens in ons land baie beter sal kan funksioneer.
Dit is baie belangrik dat die Poskantoor weer op ‘n gesonde en winsgewende basis opereer. Dit is baie ontstellend om te verneem van die Poskantoor se pensioenskema wat met R2 miljard in die rooi is. Die skema se aktuariële verpligtinge word met 227% oorskry.
Die onreëlmatighede en korrupsie wat na bewering deur die personeel van die Poskantoor gepleeg word, is ewe ontstellend. My party spreek die hoop uit dat die daarstelling van die Reguleerder bestaande uit drie lede, wat hierdie wetsontwerp ten doel het, daarin sal slaag om die nuwe bestuurder, Mnr Manyatshe, se taak te vergemaklik en dat hy daarin sal slaag om bogenoemde onreëlmatighede doeltreffend uit te roei. Sodoende sal die standaard van die dienste wat die Poskantoor lewer, tot so ‘n mate verbeter dat dit goed vergelyk met die beste in die wêreld. Die Nuwe NP steun die wetsontwerp. (Translation of Afrikaans declaration of vote follows.)
[Dr P J C NEL: Chairperson, despite the fact that this amending Bill apparently deals with only a few minor amendments, my party regards them as essential amendments that could contribute to the postal service in our country functioning much better.
It is very important that the Post Office should once again operate on a sound and profitable basis. It is very disturbing to hear that the pension scheme of the Post Office is R2 billion in the red. The scheme’s actuarial obligations are exceeded by 227%.
The irregularities and corruption that are allegedly committed by the staff of the Post Office are equally alarming. My party wants to convey the hope that the introduction of the Regulator, consisting of three members, as envisaged by this Bill, will also succeed in facilitating the task of the new manager, Mr Manyatshe, and that he will succeed in effectively eradicating the aforementioned irregularities. In so doing the standard of the services rendered by the Post Office will improve to such a degree that it would compare favourably with the best in the world. The New NP supports the Bill.]
Bill agreed to in accordance with section 75 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS - CIVIL AND POLITICAL RIGHTS PROTOCOL
Kgoshi M L MOKOENA: Chairperson, the Constitution of South Africa, Act 108 of 1996, makes provision for the establishment of independent and impartial human rights institutions to strengthen constitutional democracy. These institutions, which are subject only to the Constitution and the law, are the Public Protector, the Human Rights Commission and the Commission for Gender Equality, and promote and protect human rights at the national level.
This protocol aims to enable the Human Rights Committee to receive and consider communications from individuals claiming that their rights contained in the covenant have been violated by the states party to this protocol and the covenant. This means that the Human Rights Committee will promote and protect human rights at international level, whereas our Human Rights Commission does this at national level. South Africa signed the covenant on 31 October 1994 and ratified it on 10 December 1998. This protocol now needs to be acceded to.
After the Human Rights Committee has received any considered communications from individuals claiming that their rights have been violated by the parties who are signatories to this protocol and the covenant, the committee will refer this communication to the accused state party, which must, within six months, submit a written explanation that clarifies the matter and a remedy, if any. Only then can the committee consider the communications in the light of all written information made available to it by both parties and forward it for review.
Despite the fact that the committee has no judicial powers, South Africa will, if it accedes to this protocol, have both a moral and legal duty to allow submissions, to respond timeously and positively when required in any way and to adhere to the recommendations of the committee. Articles 1 and 2 provide that only individuals subject to the jurisdiction of a state party to both the covenant and this protocol can submit a written communication claiming that that state has violated their rights provided in the covenant.
Article 4 provides that the communication will be referred to the accused state party by the committee, which state party must submit a written explanation to clarify the matter and a remedy therefore within six months. The committee can then consider the communication referred to it by that particular individual. I therefore make the following humble submission. Article 8 provides that any state that ratifies or accedes to the covenant can accede to the protocol through the deposit of an instrument of accession with the Secretary-General of the United Nations, and the protocol will enter into force three months thereafter. I therefore, on behalf of the committee, humbly submit this protocol for endorsement by the NCOP. [Applause.]
Debate concluded.
Report adopted in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS - CIVIL AND POLITICAL RIGHTS SECOND PROTOCOL
Mrs C NKUNA: Chairperson, the death penalty cannot be separated from the issue of human rights. It is a violation of fundamental human rights.
A central aspect of fundamental human rights is the fact that they are inalienable. They may not be taken away even if a person has committed the most heinous of crimes. Fundamental human rights apply to the worst of us, as well as to the best of us, which is why they protect us all.
It is natural for everybody to seek protection from crime. Far from being a solution, the death penalty gives the impression that tough measures are being taken against crime. It diverts attention from the more complex measures that are really needed to eradicate crime, such as the elimination of poverty, inequality and racial discrimination.
The continued use of capital punishment also poses a serious risk to innocent people being sentenced to death. We recently almost had such an example where three young men faced the death penalty for a crime which, it later turned out, they had not committed.
Evidence has shown that there is a significant movement to abolish the death penalty altogether. Both public opinion and state practice reflect this development. According to Amnesty International, 54 states have abolished the death penalty for all offences, while 15 states have done so for all offences with the exception of war crimes.
In our country I have noticed a persistent call for the reintroduction of the death penalty. I no longer see those cars with a cross on the back windscreen asking for the reinstatement of the death penalty. It means we are getting somewhere. This call is mostly coming from those people who have been shielded from crime because of their advantaged position under apartheid.
What is becoming increasingly clear also is that their argument for its reintroduction lies not so much in the fact that they think the death penalty is a deterrent to crime, but is rather motivated by a hatred of criminals of a particular colour. They are swimming against the tide because the international trend is not to reintroduce capital punishment but to abolish it in its entirety.
The second optional protocol is a major step forward in our struggle to completely eliminate capital punishment from the face of the earth. It provides for the abolishment of the death penalty by states party to the Covenant on Civil and Political Rights so as to promote and protect human rights and enhance human dignity.
The protocol obliges state parties not to permit executions in their jurisdiction and to take the necessary steps to abolish the death penalty. South Africa has already taken steps. Our Constitutional Court already ruled in 1995 that capital punishment was unconstitutional. Since then we have made a number of changes to our Criminal Procedure Act to regulate the setting aside of death sentences and to replace it with competent sentences.
A very important aspect of this protocol is the fact that once a country accedes to it, the country will be bound by it. The country cannot renounce the second optional protocol except with the consent of all contracting parties. In practice this means that once South Africa accedes to it she will be bound and under no circumstances will she be able to reintroduce the death penalty.
Nowhere has capital punishment shown that the use thereof has any special power to reduce crime. Instead, in many countries it has been shown to be a desire for vengeance masked as a principle of justice.
The second protocol is also submitted to this House to be endorsed.
Debate concluded.
Report adopted in accordance with section 65 of the Constitution.
The Council adjourned at 16:14. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
THURSDAY, 25 OCTOBER 2001
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) Bill, as amended by National Council of Provinces, and rejected
by National Assembly on 25 October 2001, referred to Mediation
Committee in terms of Joint Rule 186(1)(b):
Cultural Laws Second Amendment Bill [B 46D - 2000] (National
Assembly - sec 76(1)) - (Mediation Committee).
National Council of Provinces:
- The Chairperson:
Message from National Assembly to National Council of Provinces:
Bills passed by National Assembly on 25 October 2001 and transmitted
for concurrence:
(a) Telecommunications Amendment Bill [B 65B - 2001] (National
Assembly - sec 75).
The Bill has been referred to the Select Committee on Labour and
Public Enterprises of the National Council of Provinces.
(b) Land Affairs General Amendment Bill [B 71B - 2001] (National
Assembly - sec 75).
The Bill has been referred to the Select Committee on Land and
Environmental Affairs of the National Council of Provinces.
(c) Veterinary and Para-Veterinary Professions Amendment Bill [B 66
and B 66A - 2001] (National Assembly - sec 75).
The Bill has been referred to the Select Committee on Land and
Environmental Affairs of the National Council of Provinces.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
(1) Report of the Auditor-General on the Summarised Findings of
Performance Audits conducted at Provincial Departments of Housing
[RP 146-2001].
Referred to the Standing Committee on Public Accounts for
consideration and report and to the Portfolio Committee on Housing
for information.
(2) Report of the Auditor-General on the Summarised Findings
identified during an audit of Social Grants at Provincial
Departments [RP 145-2001].
Referred to the Standing Committee on Public Accounts for
consideration and report and to the Portfolio Committee on Social
Development for information.
(3) Report of the Auditor-General on the Financial Statements of the
South African Library for the Blind for 1999-2000 [RP 164-2001].
(4) Report of the Auditor-General on the Financial Statements of the
South African Library for the Blind for 2000-2001 [RP 171-2001].
Referred to the Standing Committee on Public Accounts for
consideration and report and to the Portfolio Committee on Arts,
Culture, Science and Technology for information.
(5) Report of the Auditor-General on the Financial Statements of the
Marine Living Resources Fund (formerly known as the Sea Fishery
Fund) for 1995-96, 1996-97, 1997-98, 1998-99, 1999-2000 [RP 156-
2001].
Referred to the Standing Committee on Public Accounts for
consideration and report and to the Portfolio Committee on
Environmental Affairs and Tourism for information.
- The Minister for Agriculture and Land Affairs:
Report and Financial Statements of South African Veterinary Council for
2000-2001.
FRIDAY, 26 OCTOBER 2001
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) Counterfeit Goods Amendment Bill [B 27 - 2001] - Act No 25
of 2001 (assented to and signed by President on 24 October
2001); and
(b) Trade Practices Amendment Bill [B 34 - 2001] - Act No 26
of 2001 (assented to and signed by President on 24 October
2001).
National Council of Provinces:
- The Chairperson:
Message from National Assembly to National Council of Provinces:
Bills passed by National Assembly on 26 October 2001 and transmitted
for concurrence:
(a) Africa Institute of South Africa Bill [B 47B - 2001] (National
Assembly - sec 75).
The Bill has been referred to the Select Committee on Education
and Recreation of the National Council of Provinces.
(b) Academy of Science of South Africa Bill [B 67B - 2001]
(National Assembly - sec 75).
The Bill has been referred to the Select Committee on Education
and Recreation of the National Council of Provinces.
(c) "Woordeboek van die Afrikaanse Taal" Act Repeal Bill [B 30B -
2001] (National Assembly - sec 75).
The Bill has been referred to the Select Committee on Education
and Recreation of the National Council of Provinces.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister for Justice and Constitutional Development:
(a) Treaty between the Government of the Republic of South Africa
and the Government of the Kingdom of Lesotho on Extradition,
tabled in terms of section 231(2) of the Constitution, 1996.
(b) Treaty between the Government of the Republic of South Africa
and the Government of the Kingdom of Lesotho on Mutual Legal
Assistance in Criminal Matters, tabled in terms of section 231(2)
of the Constitution, 1996.
(c) Explanatory Memorandum on the Treaties.
(d) Statute of the Hague Conference on Private International Law,
tabled in terms of section 231(2) of the Constitution, 1996.
(e) Explanatory Memorandum on the Statute of the Hague Conference on
Private International Law.
COMMITTEE REPORTS:
National Council of Provinces:
-
Report of the Select Committee on Economic Affairs on the Merchandise Marks Amendment Bill [B 33B - 2001] (National Assembly - sec 75), dated 24 October 2001:
The Select Committee on Economic Affairs, having considered the subject of the Merchandise Marks Amendment Bill [B 33B - 2001] (National Assembly - sec 75), referred to it, reports the Bill with a proposed amendment, as follows:
CLAUSE 2
Clause rejected.
-
Report of the Select Committee on Security and Constitutional Affairs on the Civil and Political Rights Protocol, dated 22 October 2001:
The Select Committee on Security and Constitutional Affairs, having considered the request for approval by Parliament of the Optional Protocol to the International Covenant on Civil and Political Rights, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Protocol.
Report to be considered. 3. Report of the Select Committee on Security and Constitutional Affairs
on the Civil and Political Rights Second Protocol, dated 22 October
2001:
The Select Committee on Security and Constitutional Affairs, having
considered the request for approval by Parliament of the Second
Optional Protocol to the International Covenant on Civil and
Political Rights, referred to it, recommends that the Council, in
terms of section 231(2) of the Constitution, approve the said
Protocol.
Report to be considered.
MONDAY, 29 OCTOBER 2001
COMMITTEE REPORTS:
National Council of Provinces:
-
Report of the Select Committee on Finance on the Pension Funds Amendment Bill [B 22B - 2001] (National Assembly - sec 75), dated 29 October 2001:
The Select Committee on Finance, having considered the subject of the Pension Funds Amendment Bill [B 22B - 2001] (National Assembly
- sec 75), referred to it, reports that it has agreed to the Bill.
-
Report of Select Committee on Finance on the Stock Exchanges Control Amendment Bill [B 75 - 2001] (National Assembly - sec 75), dated 29 October 2001:
The Select Committee on Finance, having considered the subject of the Stock Exchanges Control Amendment Bill [B 75 - 2001] (National Assembly - sec 75), referred to it, reports that it has agreed to the Bill.
TUESDAY, 30 OCTOBER 2001 ANNOUNCEMENTS:
National Council of Provinces:
- The Chairperson:
Bill passed by National Council of Provinces on 30 October 2001: To be
submitted to President of the Republic for assent:
(i) Postal Services Amendment Bill [B 63B - 2001] (National Assembly
- sec 75).
- The Chairperson:
Message from National Assembly to National Council of Provinces:
Bills passed by National Assembly on 30 October 2001 and transmitted
for concurrence:
(i) Medical Schemes Amendment Bill [B 80B - 2001] (National
Assembly - sec 75).
(ii) Mental Health Care Bill [B 69B - 2001] (National Assembly - sec
76).
The Bills have been referred to the Select Committee on Social Services
of the National Council of Provinces.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Finance:
(1) Adjustment Appropriation Bill [B 82 - 2001].
(2) Medium Term Budget Policy Statement 2001 [RP 178-2001].
(3) Adjustments Estimates of National Expenditure 2001 [RP 181-
2001], which includes:
1. Memorandum on Vote No 1 - "Presidency", Adjustments Estimates,
2001-2002;
2. Memorandum on Vote No 2 - "Parliament", Adjustments Estimates,
2001-2002;
3. Memorandum on Vote No 3 - "Foreign Affairs", Adjustments
Estimates, 2001-2002;
4. Memorandum on Vote No 4 - "Home Affairs", Adjustments
Estimates, 2001-2002;
5. Memorandum on Vote No 5 - "Provincial and Local Government",
Adjustments Estimates, 2001-2002;
6. Memorandum on Vote No 6 - "Government Communication and
Information System", Adjustments Estimates, 2001-2002;
7. Memorandum on Vote No 7 - "National Treasury", Adjustments
Estimates, 2001-2002;
8. Memorandum on Vote No 8 - "Public Enterprises", Adjustments
Estimates, 2001-2002;
9. Memorandum on Vote No 9 - "Public Service and Administration",
Adjustments Estimates, 2001-2002;
10. Memorandum on Vote No 10 - "Public Service Commission",
Adjustments Estimates, 2001-2002;
11. Memorandum on Vote No 11 - "South African Management
Development Institute", Adjustments Estimates, 2001-2002;
12. Memorandum on Vote No 12 - "Statistics South Africa",
Adjustments Estimates, 2001-2002;
13. Memorandum on Vote No 13 - "Arts, Culture, Science and
Technology", Adjustments Estimates, 2001-2002;
14. Memorandum on Vote No 14 - "Education", Adjustments
Estimates, 2001-2002;
15. Memorandum on Vote No 15 - "Health", Adjustments
Estimates, 2001-2002;
16. Memorandum on Vote No 16 - "Housing", Adjustments
Estimates, 2001-2002;
17. Memorandum on Vote No 17 - "Social Development",
Adjustments Estimates, 2001-2002;
18. Memorandum on Vote No 18 - "Sport and Recreation South
Africa", Adjustments Estimates, 2001-2002;
19. Memorandum on Vote No 19 - "Correctional Services",
Adjustments Estimates, 2001-2002;
20. Memorandum on Vote No 20 - "Defence", Adjustments
Estimates, 2001-2002;
21. Memorandum on Vote No 21 - "Independent Complaints
Directorate", Adjustments Estimates, 2001-2002;
22. Memorandum on Vote No 22 - "Justice and Constitutional
Development", Adjustments Estimates, 2001-2002;
23. Memorandum on Vote No 23 - "Safety and Security",
Adjustments Estimates, 2001-2002;
24. Memorandum on Vote No 24 - "Agriculture", Adjustments
Estimates, 2001-2002;
25. Memorandum on Vote No 25 - "Communications", Adjustments
Estimates, 2001-2002;
26. Memorandum on Vote No 26 - "Environmental Affairs and
Tourism", Adjustments Estimates, 2001-2002;
27. Memorandum on Vote No 27 - "Labour", Adjustments
Estimates, 2001-2002;
28. Memorandum on Vote No 28 - "Land Affairs", Adjustments
Estimates, 2001-2002;
29. Memorandum on Vote No 29 - "Minerals and Energy",
Adjustments Estimates, 2001-2002;
30. Memorandum on Vote No 30 - "Public Works", Adjustments
Estimates, 2001-2002;
31. Memorandum on Vote No 31 - "Trade and Industry",
Adjustments Estimates, 2001-2002;
32. Memorandum on Vote No 32 - "Transport", Adjustments
Estimates, 2001-2002;
33. Memorandum on Vote No 33 - "Water Affairs and Forestry",
Adjustments Estimates, 2001-2002.
- The Minister of Transport:
(1) Report and Financial Statements of the Road Accident Fund for
1999-2000, including the Report of the Auditor-General on the
Financial Statements for 1999-2000 [RP 141-2000].
(2) Report and Financial Statements of the South African Maritime
Safety Authority for 1999-2000, including the Report of the
Auditor-General on the Financial Statements for 1999-2000. 3. The Minister for Justice and Constitutional Development:
Rules and Regulations in terms of the Promotion of Administrative
Justice Act, 2000 (Act No 3 of 2000).
COMMITTEE REPORTS:
National Council of Provinces:
-
Report of the Select Committee on Land and Environmental Affairs on the Land Affairs General Amendment Bill [B 71B - 2001] (National Assembly - sec 75), dated 30 October 2001:
The Select Committee on Land and Environmental Affairs, having considered the subject of the Land Affairs General Amendment Bill [B 71B - 2001] (National Assembly - sec 75), referred to it, reports the Bill with a proposed amendment, as follows:
LONG TITLE
- On page 2, in the fourth line, after “may” to insert “not”.
-
Report of the Select Committee on Finance on the Financial Intelligence Centre Bill [B 1B - 2001] (National Assembly - sec 75), dated 30 October 2001:
The Select Committee on Finance, having considered the subject of the Financial Intelligence Centre Bill [B 1B - 2001] (National Assembly - sec 75), referred to it, reports that it has agreed to the Bill.