National Assembly - 13 November 2002
WEDNESDAY, 13 NOVEMBER 2002 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met 14:01.
The Deputy Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
NEW MEMBER
(Announcement)
The Deputy Speaker announced that the vacancy caused by the resignation of Mr M J Mahlangu had been filled, in accordance with item 6(3) of Schedule 6 to the Constitution, 1996, by the nomination of Mr M J Malahlela with effect from 11 November 2002.
OATH
Mr Malahlela, accompanied by Mrs M S Maine and Ms I Mutsila, made and subscribed the oath and took his seat.
QUESTION AND REPLIES - see that book.
UNPARLIAMENTARY LANGUAGE
(Ruling)
The SPEAKER: Before proceeding to the peace and security cluster, there is a ruling I wish to make which concerns the hon Mr Ellis. Hon members will recall that during the debate on the Broadcasting Bill on 23 October 2002, the hon Mr Ellis took up a point of order and asked whether it was permissible for the hon Mr Kekana to refer to a party as racist. I undertook to check the Hansard. I have done so, and I should like to rule on the point of order as follows: Mr Kekana’s remark, as it appeared in Hansard is, and I quote: ``The DP is guided by racist and reactionary views such as those of a Dr Albert Hertzog.’’ The reference is to the views that guide a political party. We have consistently ruled that references to a party are not unparliamentary even when those same references may have been unparliamentary if they had been directed specifically at members of this House. The remark is therefore in order. [Applause.]
QUESTION AND REPLIES - see that book.
NOTICES OF MOTION
Mnr P A GERBER: Voorsitter, hiermee gee ek kennis dat ek by die volgende sitting van die Huis namens die ANC sal voorstel:
Dat die Huis -
(1) kennis neem dat Ralph Rabie, ook bekend as Johannes Kerkorrel, tragies oorlede is;
(2) erkenning verleen aan sy baanbrekerswerk as woordkunstenaar, waar hy apartheid met woord en noot beveg het, en hom sodoende die wrewel van die destydse regering op die hals gehaal het;
(3) bevestig dat sy sang bygedra het tot die bevryding van die Afrikaner en sy taal;
(4) hom eer as kameraad en kind van Afrika; en
(5) sy meegevoel betuig aan sy naasbestaandes, vriende en bewonderaars.
Halala, Halala,
Ewige kind van Afrika.
[Tussenwerpsels.] [Applous.] (Translation of Afrikaans notice of motion follows.)
[Mr P A GERBER: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes that Ralph Rabie, also known as Johannes Kerkorrel, has died tragically;
(2) recognises his pioneering work as a literary artist, in that he fought apartheid with words and music and in so doing incurred the resentment of the then government;
(3) confirms that his music contributed to the liberation of Afrikaners and their language;
(4) honours him as a comrade and a child of Africa; and
(5) expresses its condolences to his next of kin, friends and fans.
Halala, halala,
Ewige kind van Afrika.
[Interjections.]] [Applause.]
Mr W J SEREMANE: Modulasetulo, ke go itsise gore ke tlaa dira tshitshinyo [Chairperson, I shall move at the next sitting of the House]:
That the House - (1) notes that the Mugabe regime is mainly to blame for the self-infected famine and fuel crisis in Zimbabwe;
(2) strongly believes that South Africa must assist the victims of President Mugabe’s disastrous policies; and
(3) resolves that such assistance must be subject to the following conditions:
(a) food relief must be free of government and Zanu-PF interference
and manipulation;
(b) Zanu-PF heavyweights who have taken over farms must immediately
leave the farms, giving preference to the less privileged across
the spectrum of the Zimbabwean nation;
(c) the bilateral agreement must be ratified immediately to protect
South African investments in Zimbabwe; and
(d) Zanu-PF must return to negotiations with the opposition. Mr E T FERREIRA: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:
That the House -
(1) notes that a police sergeant and two other people were arrested in Durban for allegedly hijacking a van which contained medicines worth more than R300 000;
(2) further notes that the hijacking took place after a bogus roadblock was set up; and
(3) realises that incidents like this, where the police are involved in crimes, cause the public to lose faith and confidence in policemen.
Dr A N LUTHULI: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes that - (a) November is celebrated as environmental month under the theme ``Partnerships for Responsible Environmental Management in pushing back the frontiers of poverty’’; and
(b) this celebration emphasises South Africa's continued focus on
eradicating the legacy of racism, sexism, colonialism and
apartheid and is centred on the Government's commitment to
integrated sustainable development;
(2) believes that -
(a) a clean environment is a human right which all South Africans
are entitled to and is essential for a better life and the
realisation of sustainable development; and
(b) this month's celebration highlights the need for all the people
to forge partnerships with the Government to implement the
decisions of the World Summit on Sustainable Development; and
(3) calls on all South Africans to work with the Government to build a clean environment and fight poverty.
[Applause.]
Mnr A BLAAS: Voorsitter, hiermee gee ek kennis dat ek by die volgende sitting van die Huis namens die Nuwe NP sal voorstel:
Dat die Huis -
(1) daarvan kennis neem dat -
(a) generaals in die SANW weens bedrog gearresteer en offisiere
weens swak gedrag aangekla is;
(b) die paraatheid van die Weermag in die media bevraagteken word;
(c) kundiges in strategie die vermoë van die SANW as onvoldoende
bevestig;
(d) die Weermag jaarliks groot verliese ly as gevolg van swak
administrasie;
(e) die dissipline en moraal in die SANW 'n laagtepunt bereik het;
(f) te veel onbevoegde en swak gekwalifiseerde personeel in die
Weermag geakkommodeer moet word; en
(g) die rasionalisasieproses in die Weermag te lank neem om
afgehandel te word; en
(2) ‘n beroep op die Regering doen om geld beskikbaar te stel vir uittreepakkette sodat ongeskikte personeel kan aftree en die dooie hout uitgekap kan word.
[Applous.] (Translation of Afrikaans notice of motion follows.)
[Mr A BLAAS: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the New NP:
That the House -
(1) notes that -
(a) generals in the SANDF have been arrested on charges of fraud and
officers have been charged with poor conduct;
(b) the readiness of the Defence Force is being questioned in the
media;
(c) strategy experts are confirming that the ability of the SANDF is
inadequate;
(d) the Defence Force annually suffers big losses as a result of
poor administration;
(e) the discipline and morale in the SANDF have reached their lowest
point;
(f) too many incompetent and poorly qualified personnel have to be
accommodated in the Defence Force; and
(g) the rationalisation process in the Defence Force is taking too
long to finalise; and
(2) appeals to the Government to make money available for severance packages so that unsuitable personnel can retire and dead wood can be hacked out.
[Applause.]]
Mr S ABRAM: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the UDM:
That the House -
(1) condemns the latest proposed tariff increases announced by Telkom and Eskom;
(2) expresses its concern for the South African consumer who, after a year of rampant escalating food and fuel prices, must now bear the brunt of increases in telephone and electricity tariffs;
(3) acknowledges that these administered prices contribute directly to inflation, which therefore makes a mockery of inflation targeting and calls by the Government for consumers to tighten their belts;
(4) condemns the spin-doctoring that Telkom is increasingly engaging in; and
(5) calls upon the Government and regulators to immediately institute investigations into the perceived necessity for these tariff increases in order to protect the consumer and the economy.
My belt is already tight. [Laughter.]
Mrs B TINTO: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes that the Western Cape Department of Education has launched an employment equity plan to empower black people, women and people living with disabilities;
(2) believes that -
(a) this is a demonstration of the commitment of the ANC/New NP
partnership to transform the Western Cape and build unity among
all people in the province; and
(b) this reflects the commitment of this partnership to eradicate
all forms of inequality and poverty in our country; and
(3) commends the Western Cape Department of Education for unveiling a plan to do away with the inequalities of the past.
[Applause.]
Mnr P J GROENEWALD: Voorsitter, hiermee gee ek kennis dat ek by die volgende sitting van die Huis namens die VF sal voorstel:
Dat die Huis -
(1) daarvan kennis neem dat -
(a) die gemeenste politieke tegniek is om 'n standpunt aan jou
opponent toe te dig wat hy nooit gehuldig het nie;
(b) dit presies is wat mnr Marthinus van Schalkwyk, Nuwe NP-leier,
met die VF probeer doen oor die bomaanvalle - deur by elke
moontlike geleentheid die bewering te maak dat die VF die
bomaanvalle net ``gekwalifiseerd'' veroordeel; en
(c) mnr Van Schalkwyk feitelik verkeerd is, dat dit 'n politieke
leuen is, en dat die VF die bomme en geweld veroordeel het en
gesê het dat die grondwetlike pad gevolg moet word om probleme
op te los; en
(2) ‘n beroep doen op mnr Van Schalkwyk om eerder argument teen argument te toets om so respek vir politici terug te bring onder Afrikaanssprekendes en kiesers in die algemeen. (Translation of Afrikaans notice of motion follows.)
[Mr P J GROENEWALD: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the FF:
That the House -
(1) notes that -
(a) the worst political technique is to impute a point of view to
one's opponent that he never held;
(b) this is exactly what Mr Marthinus van Schalkwyk, leader of the
New NP, attempted to do with the FF with regard to the bomb
attacks - by making the allegation at every possible opportunity
that the FF is only expressing ``qualified condemnation'' for
the bomb attacks; and
(c) Mr Van Schalkwyk is factually incorrect, that this is a
political lie and that the FF has condemned the bombs and
violence and has said that the constitutional path should be
followed to solve problems;
(2) appeals to Mr Van Schalkwyk rather to test argument against argument in order to restore respect for politicians among Afrikaans-speaking persons and constituents in general.]
Mr C AUCAMP: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the AEB:
That the House -
(1) notes a media release by the so-called Boeremag claiming responsibility for the recent bomb attacks in Soweto and Bronkhorstspruit; and
(2) further notes that -
(a) this media release does not reflect Afrikaner frustrations and
alienation, frequently addressed by the AEB in this House, but
rather a radical and extreme form of pseudoreligious fanaticism,
as revealed by phrases such as ``the revenge and the wrath of
the God of the Boerevolk'' and ``warriors of our heavenly
Father'';
(b) Christianity rejects any concept of a so-called ``holy war'', as
clearly demonstrated by Jesus Christ when He said to Peter:
``Put your sword back in its place, for all who draw the sword
will die by the sword''; the only sword of Christians being
described in Ephesians 6 as ``the sword of the Spirit, which is
the word of God'';
(c) God cannot be nationalised by any single ``volk'', but He
gathers his children from all the nations on earth; and
(d) this declaration should not be generalised as reflecting the
view of either Afrikaners or Christians in South Africa, the
vast majority of whom are committed to the peaceful resolution
of the challenges facing our country.
[Applause.] Ms P N MNANDI: Chairperson of Chairs, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes that -
(a) IBM(SA) handed over ten Kidsmart computers to the African
Selfhelp Association on 12 November 2002 at Sehlaba Sabana
Preschool in Soweto;
(b) these computers are designed to expose preschool children to
technology and help them to develop literacy, numeracy and life
skills; and
(c) this is part of IBM's early learning programme which is being
implemented in 500 preschools worldwide, and 70 preschools in
South Africa have benefited from this programme;
(2) believes that this programme will contribute positively to enhancing future learners’ interest in science and technology and will lay a solid foundation for the development of human resources …
[Time expired.] [Applause.]
The CHAIRPERSON OF COMMITTEES: Hon member, your motion will be printed. Thank you for the new title.
Mnu R S NTULI: Sihlalo, ngiphakamisa ukuthi ekulaleni okulandelayo kweNdlu ngizophakamisa:
Ukuthi iNdlu -
(1) ikwamukele ukuthi -
(a) abantu abangama-45% baphila ngama-R20,00 ngelanga;
(b) ngakho-ke, umbono kaMongameli wokuthi ububha buyancipha
emiphakathini uyamangalisa; futhi
(c) isabelo semali eyisisekelo eyi-R110,00 ngenyanga ingasiza abantu
abayizigidi eziyi-12;
2) sinxusa ukuba uHulumeni we-ANC ayeke ukusebenzisa izimali
zomphakathi ngokunganaki, kodwa ulekelele abampofu ngokubanikeza
sabelo semali eyisisekelo njengoba i-Democratic Alliance icela.
[Ihlombe.] (Translation of Zulu notice of motion follows.)
[Mr R S NTULI: Chairperson, I give notice that on the next sitting day of the House, I shall move:
That the House -
(1) notes that -
(a) about 45% of people are living on R20,00 per day;
(b) the President's view that poverty is being reduced amongst
communities is therefore surprising; and
(c) a basic income grant of R110,00 per month can help 12 million
poor people; and
(2) appeals to the ANC Government to stop using the community’s money carelessly and to assist poor people by instituting a basic income grant as the Democratic Alliance has requested.
[Applause.]]
Mr J H SLABBERT: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:
That the House -
(1) notes that 11 people caught delivering dagga worth R4 million at a vehicle compound at Airport Industria in Cape Town were arrested after a shootout with police on Saturday, 9 November 2002;
(2) further notes that the arrests were made possible as a result of two alert security guards who alerted the authorities when they became suspicious and realised something illegal was going on; and
(3) congratulates all who played a part in the arrest of the suspects.
Mr M J G MZONDEKI: Chairperson, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House -
(1) notes that -
(a) the Deputy Minister of Environmental Affairs and Tourism, the
hon Rejoice Mabudafhansi, launched two major clean-up campaigns
on 9 November 2002 in Stellenbosch and Strand in the Western
Cape;
(b) these clean-up campaigns are part of the Government's activities
to celebrate November as environment month; and
(c) these activities seek to mobilise communities to work towards a
cleaner and greener environment;
(2) believes that this reflects the commitment of the ANC Government to upholding the right of all South Africans to a clean environment;
(3) welcomes the launch of the clean-up campaign; and
(4) urges all South Africans to emulate this shining example.
[Applause.]
CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF INTERNATIONAL CONVENTION ON THE SUPPRESSION OF TERRORIST BOMBINGS, INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF THE FINANCING OF TERRORISM AND PROTOCOL ON THE CONTROL OF FIREARMS, AMMUNITION AND OTHER RELATED MATERIALS IN THE SADC REGION
Mr M E GEORGE: Mr Chairperson, I stand here to table this report for approval by this Parliament. I want to thank all parties for supporting these conventions and would like to say that all parties have committed themselves, and that they have shown their commitment to fighting terrorism. I also want to take this opportunity, it being the last day that I am here this year, to thank all members of the committee for the support they have given in fighting crime. We have always spoken with one voice. [Applause.]
Convention and Protocol approved.
CONSIDERATION OF REPORT OF JOINT COMMITTEE ON ETHICS AND MEMBERS’ INTERESTS - BREACH OF CODE OF CONDUCT BY MRS N W MADIKIZELA-MANDELA, MP
Mr L T LANDERS: Mr Chairperson, having received a formal complaint, and having afforded the hon Madikizela-Mandela all the rights and processes due to her in terms of the law and the Rules of this Parliament, the Joint Committee on Ethics and Members’ Interests agreed to appoint a panel from amongst its members who would conduct a formal hearing into that complaint, because a dispute had arisen and been declared between the hon member and the Joint Committee as to the facts.
On 13 August 2002, the panel duly convened to conduct the hearing, at which the hon Madikizela-Mandela was not present. In terms of our Rules and the Code of Conduct, such a hearing may be proceeded with, notwithstanding a member’s absence, provided that the panel is satisfied that the member had been given due notice of it.
After consideration of the evidence and facts presented to it, the panel reached the findings and recommendations, and proposed the sanctions that are contained in the report before this House today, which were unanimously adopted by the Joint Committee on Ethics and Members’ Interests.
Accordingly, and on behalf of the Joint Committee on Ethics and Members’ Interests, I hereby humbly beg this House to adopt this report. [Applause.]
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move:
That the Report be adopted.
Motion agreed to.
Report accordingly adopted.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON HOME AFFAIRS - ILLEGAL ZIMBABWEAN FARM LABOUR IN SOUTPANSBERG Mr M I SCOTT: Mr Chairperson, the secretariat of the Portfolio Committee on Home Affairs have provided me with the following status report for noting. In 2001, the Portfolio Committee on Home Affairs went to Messina to investigate the status of illegal Zimbabwean farm labour in the Soutpansberg. The committee tabled the report to Parliament, dated 13 November 2001.
Developments in the province overtook the recommendations of the committee and the Departments of Labour and Home Affairs, and the Soutpansberg Agricultural Union reached an agreement, which was signed by these three role-players who made provision, firstly, that farmers must apply to the Department of Labour to make use of Zimbabwean farm labour; secondly, that the Department of Labour will in turn give the Department of Home Affairs the necessary authorisation for the required permits; and thirdly, that Home Affairs would then provide the permits after receiving the requisite authorisation from the Department of Labour. [Applause.]
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move:
That the Report be noted.
Motion agreed to.
Report accordingly noted.
CONSIDERATION OF INTERIM REPORT OF JOINT COMMITTEE ON ETHICS AND MEMBERS’ INTEREST - COMPLAINT AGAINST MR T S YENGENI, MP
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move:
That the Report be noted.
Motion agreed to.
Report accordingly noted.
CONSIDERATION OF SECOND REPORT OF STANDING COMMITTEE ON PUBLIC ACCOUNTS
Mr F BEUKMAN: Chairperson, hon members, I thank the House for this opportunity to speak on behalf of the Standing Committee on Public Accounts. It is important that the reports of Scopa should get the necessary priority in terms of the proceedings of the House.
The Second Report of the Standing Committee on Public Accounts, dated 30 May 2001, deals with the process followed by Scopa in dealing with the issues raised in the well-documented 14th report for 2000 to the National Assembly, relating to the strategic defence package procurement.
The report deals firstly with the progress of the investigation; secondly, interaction with Ministers; and thirdly, the engagement with correspondence from the Leader of Government Business. It also deals with the activities of the Joint Investigating Team, the broad framework of the investigation, the investigation of alleged irregularities and other areas of investigation.
The report mainly deals with the opinion of Scopa and the outcome of the meeting with the Joint Investigating Team on 7 February 2001. It also deals with the question of the inclusion or exclusion of the Special Investigating Unit and the recommendation of Scopa in that regard. The report also documents the outcome of the meeting with the committee of Ministers, consisting of Defence, Trade and Industry and Finance.
The report also records the request of Scopa to the Portfolio Committee on Trade and Industry to evaluate and report on the issues relating to guarantees of national industrial participation and to indicate whether it is satisfied that targets will be met.
The report also deals with the question of documentation in relation to the period immediately prior to the committee finalising its 14th report. A vast amount of documentation pertaining to the strategic defence procurement was made available to the previous chairperson and there were subsequent interventions to allow all committee members to have access to these documents.
In conclusion, I want to quote from the last paragraph of the report -
… the committee will continue to exercise its oversight job, but should any further evidence pertaining to the arms deal come to hand, this evidence will be placed before the Joint Investigating Team for action. The committee will submit its final report to the National Assembly after the Joint Investigating Team has completed its work.
This report does not represent the unanimous opinion of the committee members. Consensus could not be reached on substantial issues raised in the 14th report. These substantial differences are recorded in the minutes of the committee’s meeting.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move:
That the Report be noted.
Motion agreed to (Inkatha Freedom Party dissenting).
Report accordingly noted.
The House adjourned at 17:18. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Minister of Social Development on 6 November 2002 submitted
a draft of the National Development Agency Amendment Bill, 2002,
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 Social Development and the Select Committee on Social Services
by the Speaker and the Chairperson, respectively, in accordance
with Joint Rule 159(2).
(2) The following Bill was introduced by the Minister of Social
Development in the National Assembly on 13 November 2002 and
referred to the Joint Tagging Mechanism (JTM) for classification
in terms of Joint Rule 160:
(i) National Development Agency Amendment Bill [B 70 - 2002]
(National Assembly - sec 75) [Explanatory summary of Bill and
prior notice of its introduction published in Government
Gazette No 23893 of 4 October 2002.]
The Bill has been referred to the Portfolio Committee on Social
Development of the National Assembly.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
National Assembly:
- The Speaker:
The vacancy which occurred owing to Mr M L Mahlangu vacating his seat
with effect from 31 October 2002, has been filled with effect from 11
November 2002 by the nomination of Mr M J Malahlela.
- The Speaker:
(1) Message from National Council of Provinces to National Assembly:
Bill, as amended, passed by National Council of Provinces on 13
November 2002 and transmitted for consideration of Council's
amendments:
(i) International Trade Administration Bill [B 38D - 2002]
(National Assembly - sec 76).
The amended Bill, as well as a further amendment effected by the
National Council of Provinces (see Minutes of Proceedings of the
Council, 13 November 2002, p), has been referred to the Portfolio
Committee on Trade and Industry for a report and recommendations
on the Council's amendments.
(2) Message from National Council of Provinces to National Assembly:
Bill, subject to proposed amendments, passed by National Council
of Provinces on 13 November 2002 and transmitted for consideration
of Council's proposed amendments:
(i) Medical Schemes Amendment Bill [B 37B - 2002] (National
Assembly - sec 75) (for proposed amendments, see
Announcements, Tablings and Committee Reports, 5 November
2002, p 1714).
The Bill has been referred to the Portfolio Committee on Health of
the National Assembly for a report on the amendments proposed by
the Council.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Report of the Auditor-General on the Delays in the tabling of Annual
Reports as required by the Public Finance Management Act, 1999 (Act No
1 of 1999) [RP 228-2002]. 2. The Minister of Labour:
(a) Report and Financial Statements of the Local Government and
Related Services Sector Education and Training Authority for 2001-
2002, including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 103-2002].
(b) Report and Financial Statements of the Health and Welfare Sector
Education and Training Authority for 2001-2002, including the
Report of the Auditor-General on the Financial Statements for 2001-
2002.
- The Minister of Safety and Security:
Report of the Independent Complaints Directorate in terms of section
18(5)(c) of the Domestic Violence Act, 1998 (Act No 116 of 1998) [RP
199-2002].
COMMITTEE REPORTS:
National Assembly:
-
Report of the Portfolio Committee on Health on the Medical Schemes Amendment Bill [B 37B - 2002] (National Assembly - sec 75), dated 13 November 2002:
The Portfolio Committee on Health, having considered the Medical Schemes Amendment Bill [B 37B - 2002] (National Assembly - sec 75) and proposed amendments of the National Council of Provinces (Announcements, Tablings and Committee Reports, 5 November, p 1714), referred to the Committee, reports the Bill with amendments [B 37C - 2002].
-
Report of the Portfolio Committee on Trade and Industry on the International Trade Administration Bill [B 38D - 2002] (National Assembly - sec 76), dated 13 November 2002:
The Portfolio Committee on Trade and Industry, having considered the International Trade Administration Bill [B 38D - 2002] (National Assembly - sec 76), amended by the National Council of Provinces, and a further amendment effected by the National Council of Provinces, referred to the Committee, reports that it has agreed to the Bill and the further amendment.
Report to be considered.
-
Interim Report of the Portfolio Committee on Communications on Hearings on Advertising and Marketing Industries, dated 13 November 2002:
The Portfolio Committee on Communications conducted hearings on transformation of the advertising and the marketing industries on 6 November 2001, and again on 12 and 13 November 2002.
A comprehensive report, including all the submissions received, is in preparation for tabling in 2003. Submissions received can be accessed from the Committee Section or the Library of Parliament.
-
Report of the Portfolio Committee on Agriculture and Land Affairs on Pretoria Visit to Agriculture and Land Affairs, dated 17 September 2002:
The Portfolio Committee on Agriculture and Land Affairs, having visited the Department of Agriculture and the Department of Land Affairs and their parastatals in Pretoria from 29 July to 2 August 2002, reports as follows:
A. Background and objectives
The Committee, having visited the Departments of Agriculture and of Land Affairs and its institutions at the beginning of the year (14 to 18 January 2002), unanimously agreed at its last meeting of the second term to undertake another visit to Pretoria. The main objectives were: 1. To provide members with insight into the activities of the two Departments and their institutions at national level. 2. To monitor and assess progress made by the Departments and their bodies since the January visit. The Committee also proposed information sessions to engage the Departments on specific issues. The delegation, under the leadership of the Chairperson, Mr N H Masithela (ANC), comprised of Dr E A Schoeman (ANC), Ms B M Ntuli (ANC), Ms O R Kasienyane (ANC), Ms N F Mathibela (ANC), Mr L J Modisenyane (ANC), Bishop M S Mogoba (PAC), Mr Z Kotwal (ANC), Mr M A Maphalala (ANC), Mr P H K Ditshitelo (UCDP), Mr D K Maluleke (DP), Mr G B Bhengu (IFP), Mr N W Mudau (ANC), Adv S P Holomisa (ANC), Mr J Ramrock (Committee Secretary), Mr S Makeleni (Committee Assistant), Mr A N Mthombeni (Parliamentary Officer) and Ms V Dlaku (Departmental Official).B. Workshop on biotechnology
The meeting was attended by the Minister for Agriculture and Land Affairs, Ms Thoko Didiza, with the Director-General: Agriculture, Ms B Njobe, who clarified the position of the government with regard to biotechnology. The Minister spoke of policy directions and challenges ahead in dealing with biotechnology issues in South Africa, the region and the continent. She reminded members of the pivotal role the agriculture sector plays in the economy of the country. South Africa is the only country in the region with a grain surplus. The Director-General provided background on the Genetically Modified Organisms Act, 1997. There was agreement on a common approach and view that biotechnology was necessary. It was noted that people confronted with poverty and hunger, especially those in rural areas, do not have the luxury to choose between genetically modified and organic food. Mention was made of experiences and benefits gained by countries in Asia during what was called the "Green Revolution". At present there are talks of a second one, this time worldwide. Officials from Departments like Health and Arts, Culture, Science and Technology also made presentations. Members of the Portfolio Committees on Health and on Arts, Culture, Science and Technology participated in the workshop.C. Policy options for Biotechnology Development in SA
The Director for Genetic Resources, Dr Moephuli, made a presentation on policy options for Biotechnology Development in South Africa. He spoke about the challenges facing the country in dealing with biotechnology. South Africa has only 15% arable land, and a large rural sector. With an increasing population, the demand for food will become greater, resulting in reduced per capita natural resources and a declining fish population. Dr Moephuli also addressed members on National Imperatives, regulation of genetically modified organisms and trade policy on biotechnology. Discussion points (a) Extent of research conducted by government on biotechnology and investments. (b) Ethical and moral sides of biotechnology with regard to food security. (c) Clarity on impact of Intellectual Property Rights to the poor. (d) Clarity on known side effects of GMOs. (e) Extent of awareness to public on benefits of GMOs. (f) Clarity on arguments advanced by anti-GMO groupings. (g) Political implications for GMOs.-
Food control
An official from the Department of Health, Ms F W Jansen van Rijssen, made a presentation on food control issues. She focused on:
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Interaction of Department with other affected Departments
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Food from GMO
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Definitions of GMO
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Foodstuffs, Cosmetics and Disinfectants Act, 1972, and its regulations
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Consultations
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Labelling
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SA’s position on mandatory and voluntary labelling
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Context of “GMO-free” foods.
Discussion points (a) Labelling cost distortions and labelling segregation, which could cause “class” divisions among consumers.
(b) Compromise of food safety as a result of usage of analytical methods that are not reliable.
(c) Capacity to evaluate number of GMOs and evaluation of whether some were rejected because of health reasons.
(d) Labelling of products that undergo processing, and how to keep trace thereof until it becomes final product.
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National Biotechnology Strategy for SA
An official from the Department of Arts, Culture, Science and Technology, Ms M Pyoos, gave a perspective on the National Biotechnology Strategy for South Africa. The presentation focused, amongst others, on the background and objectives of the strategy, National Development Imperatives and the Implementation Framework. He also spoke about the Intellectual Property Rights Policy and what gave rise to it.
Discussion points
(a) Explanation of 14% not supportive of GMOs in participation processes as organisations or individuals.
(b) Structuring of Science Budget Vote for research and development.
(c) Challenges for capacity-building of young science students.
(d) Room for strengthening research and development strategy.
(e) SA does not generate patents, resulting in dependency on other countries.
Resolutions (a) Need to have clear approach of communicating GMOs issues to public.
(b) Challenge of mandatory labelling would require capacity and therefore makes voluntary labelling an option as well.
(c) Convincing arguments on benefits of GMOs are essential, as no GMO crops currently available have any side effects.
(d) GM-produced food is as safe as food produced otherwise (according to the scientific presentation).
(e) The need to distinguish GM foods and biotechnology.
(f) Regulatory processes to prevent human cloning.
(g) Acknowledgement of political and technical aspects of biotechnology. Passage of GMO Act by Parliament was a case in point of political will. Recent Zimbabwe rejection of GM-food aid from USA indicates that more research and awareness are needed.
(h) Three South African non-governmental organisations that are anti-GMO must be engaged for clarity on their position.
(i) Discussions in respect of GMOs at interdepartmental level are encouraging and should continue.
(j) Strong need for research to produce vaccine against polio in SA to limit dependency on other countries.
In concluding the discussion, the issues of ethics and moral as well as the communication aspects were dealt with to cover some of the questions posed during the presentations. An understanding was reached that the ethics and morale debate is a life debate and a world-wide phenomenon.
D. Land Bank
The CEO of the Land Bank, Mr Fandeso, gave the delegation a progress report. Some of the points he covered, included: 1. Update on the Strategic Plan for South African Agriculture. The Bank had 20 farms and sold 19 to black commercial farmers. 2. Development book, which targets loans to poor rural individuals. 3. Skills and capacity building. 4. Alliance and partnership. The Bank has a pilot youth farm project. An agreement has been reached with the National Youth Commission, involving four farms. 5. Funding. The Bank has a Skills and Development Fund that offers bursaries to students from previously disadvantaged communities. More than 20 students are benefitting from this at present. 6. Equitable access and participation strategy. The Bank established "Mobile Banking" facilities in rural areas, thus reaching many poorly resourced communities. Discussion points (a) Extent of coverage of flood relief programme, for example in fire damaged areas. (b) Farms to be managed by National Youth Commission. (c) Proposed amendment to Land Bank Act. (d) Spreading of satellite operations. (e) Relationship between ABSA and Land Bank on assistance to farmers. (f) Down-grading of Bank (concern over the recent Constitutional Court case). (g) Development of programme for mobile banking. (h) Land Bank programmes with Agri-Bank. (i) Extent of Agri-SA assistance to (10) projects for emerging farmers. (j) How does Bank market itself?E. Workshop on Agricultural International Trade
1. This was presided over by the deputy director general of Agriculture, Ms Njabulo, with Ms Vangile Titi as co- chair. 2. Ms Vangile Titi presented a framework for bilateral and multilateral engagements.F. NEPAD
Ms M Nduli presented a document entitled "Towards implementing NEPAD". The focus areas of the presentation were: * Challenges * NEPAD priorities * Key processes to date * Focus on agriculture * Future processes. African Heads of State have selected agriculture, one of the high priority sectors for future investment, in view of it being the largest contributor to GDP and employment in most African countries. This will require, among others, increased productivity, market access and competitiveness of the agricultural sector. NEPAD will focus on six major constraints hindering progress in African agriculture: 1. The problem faced by rural population in getting access to markets and resources required for investment in agriculture relative to people living in urban areas. 2. Inadequate and inefficient agricultural systems. 3. Low purchasing power of rural people. 4. Climate uncertainty and lack of access to irrigation. 5. Weak institutional support (e.g. research and extension services). 6. Inadequate attention by donors and multilateral institutions to the agricultural sector. The NEPAD goal is an agriculture-led development that eliminates hunger and eradicates poverty and food insecurity, thereby opening the way for expansion of exports and trade, putting the continent on a higher economic growth path within an overall strategy of sustainable development and preservation of the natural resource base. Discussion points (a) Communication of NEPAD issues to rural masses. (b) Government subsidy to agriculture to realise NEPAD goals. (c) Mechanisms of developing our rural areas. (d) Role of MPs relating to international trade agreements. (e) Subsidies to farmers. (f) Landholding systems for rural areas. (g) Readiness of commercial farmers to compete globally. (h) Need for development of agricultural products - strengthening of agri-processing. (i) Equity transfer of agricultural skills in SA. (j) Using NEPAD as vehicle for development of SA.G. National Trade Policy
Mr Francis Moloi, representing the Department of Trade and Industry, spoke on the SA Trade Strategy. His presentation focused on: 1. Multilateral strategy. 2. Areas of negotiation (agriculture included). 3. Possible areas of negotiation and possible areas of "new" negotiations. 4. Doha development agenda and its challenges. 5. Bilateral trade relations. 6. Africa and NEPAD. 7. Tools for multilateral strategy. Discussion points (a) US farmers' subsidy. (b) Doha Development Agreement. (c) Transparency in negotiations. (d) Lack of capacity in negotiation. (e) Dumping issues. (f) Market access.H. Agricultural trade strategy
Ms Ezra Steenkamp gave an overview of SA's agricultural trade strategy, the trends in SA trade, SA trade from 1988 to 2000 (imports and exports) and trends in world trade. 1. EU/SA Trade, Development and co-operation agreement Mr Reuben Moekwena addressed the Committee on the EU/SA Trade, Development and cooperation agreement. He outlined the main features of the agreement, agricultural tariffs and agricultural tariff quotas, implementation progress, issues under discussion by the Joint Co-operation Council, EU enlargement and agricultural trade trends between SA and the EU. 90% of trade between SA and the EU is duty-free. 70% of agricultural trade between SA and the EU will be duty-free after 12 years. 2. Wine and Spirits Agreement Mr G Muller, Deputy Director, made a presentation on the WTO Wine and Spirit Agreement. He informed the delegation that the agreement negotiations started in 1994 and was only concluded early this year. 3. SA/Mercosur Free Trade Agreement The SA/Mercosur Free Trade Agreement was outlined to members. Areas covered included existing trade relations, history of the agreement, government views and the proposed Department of Agriculture's approach to upcoming negotiations. Discussion points (a) Levelling playing field regarding farmers protection (b) Incentives for export (c) Liberalised economy (d) Impact of job creation caused by trade agreements. Resolution In view of the ensuing discussions, it was resolved that a full-day workshop be convened in mid-October to deal specifically with issues of international trade and agreements. The workshop will need to unpack issues of equity and growth, production policy, farmers' subsidies, service delivery and fragmentation issues.I. World Summit on Sustainable Development (WSSD)
Ms Nduli, Deputy Director-General: Agriculture, gave an update on progress made by the Department in preparation for the forthcoming WSSD. She mentioned that one of the main activities of the Department was the development of a draft policy document on "Agriculture in Sustainable Development", together with a 10-year action plan and a "Farmers' Charter".J. National Marketing Council (NAMC)
The Chairperson of the NAMC, Mr Rathogwa, with the assistance of fellow council members, made a broad presentation on domestic marketing of agriculture. Out of the 14 original boards, only six remained (e.g. citrus, deciduous fruit, maize, winter cereals and wool), and the validity of the schemes extended to July 2003. The reason for the extension was to enable respective liquidation committees to finalise outstanding issues related to levies and asset ownership. Discussion points (a) Lack of apparent progress since last visit. (b) Fragmentation issues. (c) Merger between farmers' unions. (d) Communication of market access issues by Council to constituencies. (e) Database of producers at grassroots level. (f) Identity crisis and transformation issues. (g) Advisory role of Council to Ministry. The Chairperson of the Committee ruled that the Department and the NAMC would be invited to address the Committee on some of the concerns raised. The Minister for Agriculture and Land Affairs will also be asked to attend.K. Agricultural Research Council (ARC) - Onderstepoort Veterinary Institute
The delegation visited the ARC's Onderstepoort Veterinary Institute, where they met with and was addressed by the President of the Institute, Dr Tau-Mzamane, and some management members. Dr Tau-Mzamane's briefing focused on: 1. History of Institution. 2. Challenges. 3. Vision and mission. 4. Research goals. 5. Previous and current structures. 6. Role of ARC in agricultural development. 7. Challenges of employees' reward system.L. Briefing on importance of livestock, with emphasis on export potential and reaching out to rural areas
Discussion points (a) Building maintenance. (b) Sources of funding and related constraints. (c) Brain-drain and ageing scientists. (d) Strategy to extend research to vast areas of SA.M. Plant Protection Research Institute
Members visited the Institute at Roodeplaat. Dr M Molope welcomed them and made a formal presentation together with other members of management. The presentation broadly covered: 1. Views about agriculture. 2. Role of agriculture in economic development. 3. Agricultural scientists and bureaucrats. 4. Redefining role of ARC in agriculture. 5. Competition in respect of land. 6. Climatic problems (snow, droughts, etc). 7. Risk management technology. 8. Climate and global market. 9. Broader economic, social and environment challenge. 10. WSSD. 11. Public support service. Dr Helmuth Zimmermann of the Weeds Research Unit lent perspective on alien invasive plants, funding sources, their clients, achievements and reasons for loss of capacity. Discussion points (a) Revitalisation of irrigation canals. (b) Need for indaba on productive capacity of natural resources. N. Department of Land Affairs Dr P Mayende, Director-General: Land Affairs, and other management officials, welcomed members and made a formal presentation on the quarterly review (1 April to 30 June 2002). The presentation also included targets set and reached in respect of the redistribution programme. Discussion points (a) 1999 policy review. (b) Communal land rights Bill. (c) Percentage of delivery sentiments. (d) 87% and 13% land ratio. (e) 77 farms acquired by Land Bank. (f) Land ownership by foreigners.O. Deeds Office
Mr Slothouber, Chief Registrar, presented the Deeds Offices' work-flow countrywide, including archives, organisational structure, gender and racial balance of personnel and history and registration volumes. Committee request Submission of break-down of personnel ratio in terms of race, gender, etc.P. Surveyor-General
Mr A van den Berg, Surveyor-General, presented the work-flow and development process of the Office, its vision and mission and strategic objectives, as well as its historical background.Q. Land Claims Commission
The Chief Land Claims Commissioner, Adv Wallace Mgoqi, gave a brief account of the quarterly review of the Commission. He expressed the need for qualitative settlement (which the Commission is doing at present), which must include sustainability. The Commission is working jointly with the Land Bank and the Development Bank in trying to achieve this.R. Conclusion
The Committee values this form of interaction with stakeholders, because it is both necessary and productive, and it forms part of the Committee's oversight role. The Committee believes, from what was observed, that the Departments of Agriculture and of Land Affairs are pursuing the right directions, and that they should be commended for their achievements. The Committee notes in particular the significant progress made by the Land Claims Commission in the processing of land claims. The Committee expresses its sincere appreciation to the Minister for Agriculture and Land Affairs, Thoko Didiza, the Deputy Minister, Adv D du Toit, the Director-General: Agriculture, Ms B Njobe, the Director-General: Land Affairs, Dr P Mayende, heads of the institutions visited and the various officials, for the support and hospitality accorded to the delegation and for contributing to the success of the visit. -