National Council of Provinces - 17 September 2002
TUESDAY, 17 SEPTEMBER 2002 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 14:02.
The Deputy Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
NOTICES OF MOTION
Mr N M RAJU: Mr Chairperson, I give notice that I shall move at the next sitting of the House:
That the Council -
(1) notes -
(a) that the World Summit on Sustainable Development, which was
recently held in Johannesburg, was attended by some 60 000
delegates and more than 100 heads of state;
(b) with approbation and national pride that the event, a first for
South Africa, showcased our country in a highly positive light,
which will no doubt bring about immense spin-offs for the
benefit of all South Africans, thus proving to the world that
the Republic of South Africa not only has the infrastructural
capacity, but the necessary human resources to host such an
event of international magnitude; and
(2) congratulates the Government, the Ministry of Environmental Affairs and Tourism in particular, and every South African who was involved in whatever capacity in advertising South Africa and successfully raising the curtain on one of the finest conferences held anywhere in the world.
Mrs E N LUBIDLA: Mr Chairperson, I give notice that I shall move at the next sitting of the House: That the Council -
(1) notes with concern the war talk from world leaders;
(2) believes that war does not solve anything;
(3) acknowledges South Africa’s position that whatever hostilities arise in the international arena must be resolved by peaceful means;
(4) welcomes Iraq’s decision to allow the United Nations’ inspectors to come and inspect whether there are weapons of mass destruction within Iraq; and
(5) calls on the international community to find peaceful solutions to global problems.
Me C-S BOTHA: Voorsitter, ek gee hiermee kennis dat ek by die volgende sitting van die Huis sal voorstel:
Dat die Raad -
(1) kennis neem -
(a) van die stygende aantal mense in Suider-Afrika, 14,4 miljoen,
wat in die volgende paar maande deur hongersnood oorval gaan
word;
(b) van die doelbewuste stappe van president Mugabe om
voedselvoorsiening in Zimbabwe te vernietig, wat beteken dat
hierdie hongersnood opsetlik op 6 miljoen Zimbabwiërs afgedwing
word;
(c) dat hierdie situasie nou die punt bereik het waar dit volgende
jaar herhaal gaan word; en
(d) dat President Mbeki en die SA Regering se beleid van stille
diplomasie teenoor Zimbabwe allerweë gesien word as stille
goedkeuring, en totaal teenstrydig is met die beginsels vir die
sukses van Nepad, wat President Mbeki self verwoord het as synde
gebaseer op 'n program van vennootskap, wedersydse respek,
verantwoordelikheid en aanspreeklikheid; en
(2) versoek dat Suid-Afrika onmiddellik hard en duidelik sy afkeer van president Mugabe se optrede uitspreek om te keer dat Suid-Afrika se geloofwaardigheid saam met Zimbabwe s’n sneuwel. (Translation of Afrikaans notice of motion follows.)
[Ms C-S BOTHA: Chairperson, I hereby give notice that I shall move at the next sitting of the House:
That the Council -
(1) notes -
(a) the increasing number of people in Southern Africa, 14,4
million, who are going to suffer starvation in the next few
months;
(b) the purposeful steps by President Mugabe to destroy food
provision in Zimbabwe, which means that this famine is being
deliberately forced on 6 million Zimbabweans;
(c) that this situation has now reached the point where it is going
to be repeated next year; and
(d) that President Mbeki and the SA Government's policy of quiet
diplomacy towards Zimbabwe is widely perceived as tacit
approval, and totally inconsistent with the principles for the
success of Nepad, which President Mbeki expressed as being based
on a programme of partnership, mutual respect, responsibility
and accountability; and
(2) requests that South Africa immediately expresses its disapproval loudly and clearly of President Mugabe’s action to prevent South Africa’s credibility from dying with that of Zimbabwe.]
DISTURBING NUMBER OF SHIPWRECKS ALONG OUR COASTLINE
(Draft Resolution)
Mr K D S DURR: Chairperson, I move without notice:
That the Council -
(1) notes the disturbing number of shipwrecks occurring along our coastline over the past few months;
(2) deplores the environmental damage these wrecks cause to our pristine coastlines;
(3) expresses its disquiet at the threatened destruction of the St Lucia wetland and marine life and at the fact that certain endangered species in the area are threatened;
(4) asks how it is possible that a high risk ship can be allowed to travel so close inshore;
(5) calls upon our authorities, during the clean-up period, to ensure the maximum protection and safety of our beaches and wildlife which are being threatened;
(6) calls upon the Government to investigate any negligence in this regard;
(7) further calls upon the Government to conduct an investigation into the causes of these accidents and to take the necessary preventative actions; and
(8) thanks the KwaZulu-Natal Parks Board and government for the efforts to date in dealing with the present crisis.
Motion agreed to in accordance with section 65 of the Constitution.
ALLEGED RACIST INCIDENT IN SHOP
(Draft Resolution)
Ms N D NTWANAMBI: Chairperson, I move without notice:
That the Council -
(1) expresses its shock and outrage at the abusive way in which a black customer has been treated by the owner of Kwikspar in Monte Vista and his security guard;
(2) notes that this was an utterly racist insinuation by the owner that blacks are prone to stealing;
(3) appeals to the owners of the Kwikspar group to investigate the racist behaviour of this particular franchise holder, to determine whether such conduct does not constitute a breach of the contractual agreement between them, and to immediately terminate his authority to sell the company’s goods in that particular area if his racist conduct is in breach of their contractual agreement;
(4) calls on the police to spare no effort in their investigations into the racist attack on the customer by the security guard; and
(5) furthermore calls on the prosecutorial service to spare no effort in proving the racist motive behind this attack and on the courts to take this racist motive into consideration during sentencing.
Mr A E VAN NIEKERK: Chairperson, I would recommend that we move the following amendment:
That, in paragraphs (3), (4) and (5), “alleged” be inserted before “racist”.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Ms Ntwanambi, that is a proposed amendment to the motion. Is it acceptable?
Ms N D NTWANAMBI: Yes, Chairperson, it is acceptable for that to be added.
Amendment agreed to in accordance with section 65 of the Constitution.
Motion, as amended, agreed to in accordance with section 65 of the Constitution, namely:
That the Council -
(1) expresses its shock and outrage at the abusive way in which a black customer has been treated by the owner of Kwikspar in Monte Vista and his security guard;
(2) notes that this was an utterly racist insinuation by the owner that blacks are prone to stealing;
(3) appeals to the owners of the Kwikspar group to investigate the alleged racist behaviour of this particular franchise holder, to determine whether such conduct does not constitute a breach of the contractual agreement between them, and to immediately terminate his authority to sell the company’s goods in that particular area if his alleged racist conduct is in breach of their contractual agreement;
(4) calls on the police to spare no effort in their investigations into the alleged racist attack on the customer by the security guard; and
(5) furthermore calls on the prosecutorial service to spare no effort in proving the alleged racist motive behind this attack and on the courts to take this alleged racist motive into consideration during sentencing.
RIGHT-WING PLOT EXPOSED BY EXCELLENT POLICE INVESTIGATION
(Draft Resolution)
Ms M P THEMBA: Chairperson, I move without notice:
That the Council -
(1) expresses its appreciation for the excellent investigation done by the South African Police Service which led to the seizure of a truck with a large quantity of potentially dangerous weapons;
(2) congratulates the National Commissioner of the SA Police Service on his role in leading his charges to expose the right-wing plot against our Government; and
(3) shares the optimism of the National Commissioner that the rest of the right-wing plotters will soon be apprehended.
Motion agreed to in accordance with section 65 of the Constitution.
VOLATILE SITUATION IN MIDDELBURG HOSPITAL
(Draft Resolution)
Dr P J C NEL: Chairperson, I move without notice: That the Council -
(1) notes -
(a) the extremely volatile situation which has arisen in the
Middelburg Hospital in Mpumalanga, which renders health services
to approximately 350 000 inhabitants;
(b) that three young doctors have resigned from their posts at short
notice over the past two months because they alleged that a
campaign of terror was being waged in the hospital by members of
a certain NGO and that even more doctors are threatening to
resign because they feel that they are working under life-
threatening circumstances; and
(c) that two former superintendents of the hospital were also
allegedly violently forced to leave the hospital grounds by
members of the same NGO and that one of the trainee doctors had
to obtain an interdict to protect himself from their actions;
and (2) requests the Minister of Health to have the incidents investigated as
a matter of urgency and to make an effort to normalise conditions at
the hospital in order to ensure the continued delivery of health care
to the large community served by the hospital.
Motion agreed to in accordance with section 65 of the Constitution.
CHILDREN DYING OF STARVATION IN THE EASTERN CAPE
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Chairperson, I move without notice:
That the Council -
(1) notes with shock that 166 children have died of starvation in 11 hospitals in the northern areas of the Eastern Cape in the past six months;
(2) agrees with the national Minister of Social Development that cases of malnutrition need to be prioritised by the Eastern Cape in order to drastically reduce the mortality rate of young children;
(3) notes with concern that most of the children who died of starvation in the rural portions of the Eastern Cape were under the age of seven years and therefore were eligible for the child support grant; and
(4) appeals to all sectors within the Eastern Cape responsible for the facilitation of access to the child support grant, such as the Department of Home Affairs responsible for the delivery of identity documents, the Department of Health responsible for the health care of children and the Department of Social Development, to increase their co-operation as partners in service delivery to the most vulnerable sector of our society, namely our children.
Motion agreed to in accordance with section 65 of the Constitution.
INSTITUTION OF LEGAL PROCEEDINGS AGAINST ORGANS OF STATE BILL
(Consideration of Bill and of Report of Select Committee on Security and Constitutional Affairs thereon)
The DEPUTY CHAIRPERSON OF THE NCOP: Order! I take this opportunity to welcome the hon the Deputy Minister for Justice and Constitutional Development back to her original Chamber, and call upon her to address this House.
The DEPUTY MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Chairperson, it is always a pleasure to be back here, and may I congratulate the House on its new format. It is the first time I have been here since the House has had a facelift. It is very, very attractive indeed.
There are currently several laws that regulate and even impose limitations on the right of a person to institute legal proceedings for the recovery of debt against organs of state, such as the SA Police Service, Correctional Services and the Public Service. The majority of these laws provide that the creditor or plaintiff must, within a specific period, give notice to the organ of state of his or her intention to institute such legal proceedings. This is coupled with a further requirement that a specific period of time must elapse from the date of the notice before the legal proceedings may be instituted.
A further provision is also made for the lack of the right to institute such legal proceedings after the expiry of certain fixed periods, called periods of prescription, which are calculated from the date on which the cause of the action arose. The justification for these laws was summarised by the SA Law Commission in October 1985 when it said:
The circumstances under which the state can incur liability are legion. Because of the state’s large and fluctuating workforce and the extent of its activities, it is impossible to investigate an incident properly long after it has taken place. The state is obliged by law to follow cautious and sometimes cumbersome procedures.
Government bodies operate on an annual budget and must be notified of possible claims as soon as possible. The state needs time to deliberate and consider questions of policy and the possibility of settlements. The state acts in the public interest and not for gain. Because public funds are involved, the state must guard against unfounded claims. The state is an attractive target for unfounded claims.
However, the predicament is that the existing laws have proved to be inconsistent. On the one hand, they provide for different notice periods for the institution of legal proceedings against different organs of state, and on the other different periods of prescription are applicable in respect of the various organs of state.
This state of affairs creates uncertainty that is further aggravated by the uncertainty around the constitutionality of each different provision. In this regard, it should be noted that the Constitutional Court has already declared some of these provisions to be constitutionally invalid. Furthermore, the periods of prescription provided for in some of the laws are inconsistent with the periods of prescription prescribed by the Prescription Act of 1969, which is the cornerstone of the laws regulating the extinction of debts by prescription.
Consequently, there is a need to harmonise and create uniformity in respect of the provisions of existing laws that provide for, firstly, different notice periods and, secondly, different periods of prescription. This Bill, therefore, seeks to achieve this object. This it does, in the first instance, by substituting the different notice periods with a uniform notice period of six months that will apply in respect of the institution of legal proceedings for the recovery of debt against most organs of state. Secondly, the three-year period of prescription provided for in Chapter 3 of the Prescription Act is made applicable to all debts. These issues are dealt with in clauses 2 and 3 of the Bill.
Clause 2 further provides for transitional arrangements to ensure smooth transition between the various existing statutory provisions regulating notice and prescription periods, and the provisions of this Bill.
Clause 4 regulates the manner in which and the persons on whom notices must be served. It further sets out certain requirements to be complied with by a creditor, if the notice is being sent by electronic mail or transmitted by a facsimile.
In terms of clause 5, no process by which legal proceedings are instituted in terms of this Bill may be served before the expiry of a period of 30 days after the notice has been served on the organ of state. However, if such a notice has been served before the expiry period, clause 5 further provides that it must be regarded as having been served on the first day after the expiry of the said period.
This is an incredibly technical piece of legislation. I am trying to make it more fun than it really is. [Interjections.]
I am aware of the fact that the necessity and desirability of statutory provisions of the kind contained in the Bill have been questioned in some quarters. Over the years some of our courts have criticised requirements that are provided for in this legislation. The main point of criticism was that such requirements undoubtedly hamper the ordinary rights of an aggrieved person to seek the assistance of the courts.
Other arguments could also be raised against the Bill. For example, organs of state are not the only defendants that have extensive activities and a fluctuating workforce. Large companies experience the same problems but do not enjoy special protection. Another argument could be that although it is in the public interest that public funds should not be wasted, it is also in the public interest that well-founded claims should not fail as a result of strict procedural requirements.
Although these arguments may be valid, I am of the opinion that the Bill allows sufficient flexibility to an Act to enable a court to ensure that potential litigants will be able to institute legal proceedings even if they have not complied with all the procedural requirements of the Bill. In this regard it is important to note that clause 3 empowers a court, upon application by a creditor and if certain requirements are met, to condone such creditor’s failure to comply with the notice requirements provided for in the Bill.
I also respectfully agree with the Constitutional Court’s remarks in the Mohlomi case, namely:
Rules that limit the time during which litigation may be launched, such as the provisions in this Bill, serve a purpose to which no exception and principle can cogently be taken.
In conclusion, I would like to make use of this opportunity to extend my sincere appreciation to the Chairperson of the Select Committee on Security and Constitutional Affairs, the hon Kgoshi Mokoena, and the members of the committee for the hard work they have put into the consideration of this Bill. I might say that they are setting standards that we have all learnt to expect by now. I congratulate them. [Interjections.]
I have noted the amendments to the Bill that are proposed in the Select Committee’s report on the Bill, and I am convinced that those amendments will contribute to making this already complicated and technical piece of legislation more understandable.
Just before I close, I would also like to thank the officials in the department who have worked on this Bill. They also have set standards which Parliament and people in our department have come to expect. I thank them for their input in this process and for their support of the committee. [Applause.] Kgoshi M L MOKOENA: Chairperson, on behalf of the select committee we are humbled by the accolades by the Deputy Minister.
This debate indicates the seriousness that this Government affords to the issue of time limits for the institution of legal proceedings against the state. We have only recently emerged from an era where the existing laws provided for different notice periods for the institution of legal proceedings against certain organs of state for the recovery of certain debts. The Bill proposes to create uniformity in respect of these different notice periods, so as to harmonise these laws as contemplated in Chapter 3 of the Prescription Act, Act 6 of 1969.
One of the most important features of this Bill is the wide definition of debt. Debt is defined in this Bill as arising from any unlawful acts or omissions for which organs of state are liable for payment or damages, including any delict or liability without fault in terms of statutory provisions. Fault, in turn, will not include debts arising from any breach of contract. The Bill also defines the concept organ of state as being all the national and provincial departments, municipalities, functionaries or institutions exercising a power or performing a function in terms of the Constitution, or a provincial constitution, and any person for whose debt such an organ of state is liable.
As the hon the Deputy Minister rightly said, clause 2 of this Bill provides for the prescription of certain debts. This has been proposed so as to create uniformity. Various provisions which regulate the institution of legal proceedings against organs of state, by prescribing specific periods within which claims are to be made or actions are to be instituted in respect of debts and the prescription of such debts, are amended or repealed.
The Bill also provides that these provisions will not apply to any debt which has been extinguished by prescription before the date of commencement of the Bill or any debt in respect of which any legal proceedings were instituted before the date of commencement. This means that the Bill will not have a retrospective effect on all claims which have prescribed and on all claims which have already been instituted on the commencement date of this Bill.
The alteration of these notice periods was effected by our Constitution. Although notice periods are required, the Constitutional Court declared that short notice periods were not constitutional, as they have adverse effects on claimants. The effect of these amendments would indicate the extension of individual rights. For instance, if a person had been shot by a police official six months before the Prescription Act came into operation and legal proceedings had not yet been instituted, a three-year prescription period would apply from the date of coming into operation of the Act.
This will mean that, in accordance with transitional arrangements, one would deduct six months from three years and that would leave that person with two years and six months prescription time. Very interesting. In order to enable the creditor, in the case of an old debt, to comply with the notice period provided for in the Bill, provision is made that where the unexpired portion of the period of prescription of such a debt will be completed within twelve months after the fixed date, that period of prescription must be regarded as not having been completed before twelve months have elapsed after that date. Very interesting too. This committee applied its mind until we arrived at this conclusion.
Clause 3 of the Bill, as has been mentioned by my wonderful Deputy Minister, imposes a duty on a creditor to give an organ of state written notice of his, her or its intention to institute legal proceedings for the recovery of a debt against that organ of state, unless the organ of state in question consents in writing to the institution of legal proceedings without such notice. This notice must be served to such an organ of state within six months after the debt becomes due.
The Bill also provides that the creditor may apply to the courts for condonation of his, her or its failure to give notice and that the court may grant condonation if it is satisfied that the debt in question has not been extinguished by prescription, that good cause exists for the failure by the creditor to give notice and that the organ of state was not unreasonably prejudiced by such failure.
In conclusion, the legal proceedings Bill will ensure that the different prescription periods are all dealt with by one Act. There will be a common standard, which is a three-year prescription period. The Bill provides for one notice period for all debts.
We consulted widely, the discussion in the committee was vigorous, many questions were asked and it was pleasing to note that, after all the interaction, all parties in the committee said: ``Let us support the Bill.’’ [Applause.]
Mnr P A MATTHEE: Mnr die Voorsitter, wanneer die Voorsitter van die Portefeuljekomittee oor Justisie en Staatkundige Ontwikkeling, Adv Johnny de Lange, sê dat LPs sê hierdie Wetsontwerp op die Instel van Regsgedinge teen Staatsorgane is verreweg die mees ingewikkelde wetsontwerp van oor die 100 wetsontwerpe wat oor die afgelope agt jaar deur daardie komitee goedgekeur is, kan agb lede aanvaar dat dit inderdaad ingewikkeld is.
Adv Labuschagne van die Departement van Justisie het ook aangevoer dat die tegniese aard en kompleksiteit van hierdie wetsontwerp die finalisering daarvan in die wiele gery het. Nadat die wetsontwerp op 28 September 2000 reeds deur die Nasionale Vergadering goedgekeur is, het dit onder die aandag van daardie komitee gekom dat Wet No 94 van 1970 ten opsigte van die beperking van regsgedinge teen provinsiale en plaaslike owerhede na die Konstitusionele Hof verwys is. Daar is toe wyslik besluit om eers te wag met die verwysing van hierdie wetsontwerp na hierdie Raad.
Die Konstitusionele Hof het toe op 4 Julie verlede jaar uitspraak gegee in die saak van Mooizee versus Greater Germiston Transitional Local Council en die Hof het bevind dat artikel 21(a) van daardie Wet No 94 van 1970, wat eisers verplig om skriftelik kennis te gee binne 90 dae vanaf die datum van die eisoorsaak, inderdaad onkonstitusioneel is. Na aanleiding van hierdie uitspraak, en in ‘n poging om die wetsontwerp te vereenvoudig en makliker verstaanbaar te maak, is daar toe verskeie breedvoerige wysigings aanbeveel wat na die Gekose Komitee oor Sekuriteit en Staatkundige Ontwikkeling verwys is. Nadat ons in hierdie komitee onder voorsitterskap van die vorige spreker hierdie voorstelle oorweeg het, het ons dit vervat in ons verslag waarin ons aanbeveel dat die Nasionale Vergadering hierdie wysigings wel aanvaar.
Hierdie voorgestelde wysigings is sekerlik van die mees omvattende wat hierdie Raad nog voorgestel het vir enige artikel 75-wetgewing wat deur die Nasionale Vergadering na ons verwys is. Dit onderstreep die uiters belangrike konstitusionele rol wat hierdie Raad ook speel ten opsigte van artikel 75-wetgewing. Die voorgestelde wysigings sal hierdie wetsontwerp aansienlik verbeter.
Die nuwe voorgestelde voorwoord tot die wetsontwerp sit duidelik uiteen wat die redes vir hierdie wetsontwerp is. Daar is ‘n dringende noodsaak om eenvormigheid daar te stel ten opsigte van die huidige verskillende bepalings aangaande die verjaring van aksies teen die staat en die verskillende tydperke vir die kennisgewing van sodanige aksies.
Die Adjunk-Minister en die voorsitter van ons komitee het reeds die verskillende bepalings van hierdie wetsontwerp uiteengesit en ek sal dit daarom nie herhaal nie. Alhoewel dit ‘n tegniese en gekompliseerde stuk wetgewing is, soos reeds aangetoon, is dit uiters belangrike wetgewing. Soos ons almal weet wat al as regspraktisyns gepraktiseer het, is die huidige verskillende tydperke van verjaring en kennisgewings ‘n nagmerrie vir regspraktisyns, baie waarvan al slagoffers daarvan was dat hulle nie een of ander spesifieke tydperk in ag geneem het nie. Dit was sekerlik die oorsaak van die meeste eise van professionele nalatigheid teen regspraktisyns.
Ek is net jammer dat, soos uit die voorwoord blyk, dit lyk asof daar steeds sekere wetgewing sal wees waar sekere kennisgewings vir verskillende tydperke behou sal word. Ek weet nie wat dit is nie, maar ek hoop ons slaag daarin om dit tot die uiterste minimum te beperk sodat ons op ‘n punt kan kom waar daar, ten opsigte van alle eise teen die staat of staatsorgane, absolute eenvormigheid sal wees.
Ek hoop en vertrou dat hierdie wetgewing meer sekerheid sal bring ten opsigte van hierdie aangeleentheid en dat dit ook sal bydra tot ‘n vermindering in die aantal eise vir professionele nalatigheid in hierdie verband teen ons regspraktisyns. Mag dit ook die lewe van ons praktiserende regsgeleerdes makliker maak, sodat minder van hulle in die nag in sweetangs moet wakkerskrik net om te onthou dat hulle een of ander tydperk nie nagekom het nie. [Applous.] (Translation of Afrikaans speech follows.)
[Mr P A MATTHEE: Mr Chairperson, when the Chairperson of the Portfolio Committee on Justice and Constitutional Development, Adv Johnny de Lange, states that MPs are saying that this Institution of Legal Proceedings against Organs of State Bill is by far the most complex of the more than 100 Bills that have been passed by that committee over the past eight years, then hon members can accept that it is indeed complex.
Adv Labuschagne of the Department of Justice has also argued that the technical nature and complexity of this Bill hindered its finalisation. After the Bill had already been agreed to by the National Assembly on 28 September 2000, it came to that committee’s attention that Act No 94 of 1970 in respect of the limitation on legal proceedings against provincial and local authorities had been referred to the Constitutional Court. It was then wisely decided to wait before referring the Bill to this Council.
On 4 July of last year the Constitutional Court then gave a ruling in the case of Mooizee v Greater Germiston Transitional Local Council, with the Court finding that section 21(a) of Act No 94 of 1970, which compels claimants to give written notice within 90 days from the date of the cause of the claim, was indeed unconstitutional. In consequence of this finding, and in an attempt to simplify the Bill and make it easier to understand, various extensive amendments were then recommended which were referred to the Select Committee on Security and Constitutional Development. After we had considered these proposals in this committee under the chairmanship of the previous speaker, we then included this in our report in which we recommend that the National Assembly accept these amendments.
These proposed amendments must surely be among the most comprehensive ones ever proposed by this Council regarding any section 75 legislation which the National Assembly had referred to us. This emphasises the extremely important constitutional role that is also played by this Council in respect of section 75 legislation. The proposed amendments will greatly improve this Bill.
The newly proposed preface to the Bill clearly sets out the reasons for this Bill. There is an urgent need to establish uniformity in respect of the currently differing provisions regarding the prescription of actions against the state and the differing periods for the notification of such actions.
The Deputy Minister and the chairperson of our committee have already given an explanation as regards the various provisions of this Bill and I will therefore not repeat that. Although it is a technical and complex piece of legislation, as has already been pointed out, it is extremely important legislation. As all of us who have practised as legal practitioners know, the present differing periods for prescription and notifications are a nightmare for legal practitioners, many of whom have already fallen victim to not having taken some or other specific period into consideration. That was certainly the cause of the majority of claims for professional negligence against legal practitioners.
I am just sorry that, as is clear from the preface, it would appear that certain legislation will remain in which certain notifications for different periods will be retained. I have no idea what it is, but I hope we succeed in restricting it to the absolute minimum, so that we may reach a point where, in respect of all claims against the state or organs of state, there will be absolute uniformity.
I hope and trust that this legislation will bring more certainty in respect of this matter and that it will also contribute to a decline in the number of claims of professional negligence in this regard against our legal practitioners. May it also make life easier for our practising legal practitioners, so that fewer of them have to wake up with a start at night, in a cold sweat because they have just remembered that they have not complied with some or other period. [Applause.]]
Mr B J MKHALIPHI: Chairperson, our Constitution devotes an entire chapter to public administration, that is Chapter 10. That is what is expected of a constitutional democracy, but we go a step further in order to enhance our checks and balances on matters of governance by putting forward this piece of legislation correctly before the sceptics would claim and scream: ``Justice delayed is justice denied.’’
The ANC is the leading force for transformation of organs of state in our country. We believe that the transformation of state organs is an all- encompassing process. It involves not only transformation in terms of representivity, but also transformation in terms of the way in which organs of state operate. In our view organs of state are really servants of the people and must conduct their business in a way that shows respect and dignity for our people.
We also understand that the strict limitations placed on the institution of legal proceedings against organs of state cannot really be looked at in isolation from our political history, in which the principles of accountability and transparency of state institutions were deliberately ignored to make it possible and easier for the apartheid government, through its many state organs, to implement its unjust policies. It was clearly an attempt to limit the opportunity for victims of racist and discriminatory policies to challenge the unjust practices by state organs. These limitations are incompatible with our new democracy, in which respect for human dignity, accountability and transparency of state organs are fundamental principles of governance, as stipulated in the Bill of Rights.
The Institution of Legal Proceedings against Organs of State Bill is another weapon in our attempt to fundamentally transform the social relations between Government and the governed. Its main objective is to streamline all provisions in existing laws that deal with different notice periods for the institution of legal proceedings against organs of state in respect of certain debts, by replacing it with a single notice period that will be applicable to all organs of state.
Currently we sit with a situation in which different notice periods are required for the institution of legal proceedings against different organs of state. Many of these periods are very short and this in itself may create serious difficulties for both a person and the state.
The short notice period does not give people who may have legitimate claims against organs of state enough time to institute proceedings. This may be inconsistent with the constitutional right which section 34 of the Constitution bestows on everyone to have his or her justifiable disputes settled by a court of law.
Even where a person is successful in complying with the notice period, the organ of state on the other hand may not be given sufficient time to investigate the complaint. With their extensive activities and large staff which tends to shift, the organs of state need the opportunity to investigate claims in order to consider them responsibly and to decide, before going into litigation, whether these claims are justifiable or not. Apart from this, there is another compelling reason why this Bill has become necessary. The numerous provisions which lay down different requirements in different Acts create uncertainty. This is aggravated by the question of the constitutionality of the different provisions.
The South African Law Commission in a 1998 report identified a number of provisions which limited the institution of action against Government institutions or persons for whose actions Government institutions were liable in law. This Bill is therefore an attempt to rectify this situation.
This Bill also gives the court having jurisdiction the power to condone failure to comply with the notice requirement if sound reasons existed for such a failure. This is a particularly important provision. Many of our people are illiterate and therefore do not know they may have legitimate claims against organs of state, which need to be instituted within a certain time period.
The most important aspect of this Bill is the fact that it creates a fair balance between the rights of ordinary people to institute legal proceedings against organs of state and the need to protect organs of state against unnecessary legal action. We therefore support the Bill. [Applause.]
Mr L G LEVER: Chairperson, there is a distinct disadvantage in speaking so far down the list when debating a Bill of this nature and I am going to cut out all of the technical issues that have already been referred to from my speech. If I miss one or two, please bear with me.
Historically the state and most of its organs enjoyed the benefits of certain time bars and shortened periods of prescription which placed the state and those various organs of state in a more favourable position than the ordinary citizen. More significantly, it restricted the ordinary citizen’s rights to have access to the courts when he or she had a dispute with the state or its organs.
These laws relating to time bars and prescription were not always uniform and were found in a myriad of different Acts, such as those relating to the SA Police Service and provincial and local governments. Many legal practitioners had difficulty in keeping track of the different time bars and periods of prescription. One could not reasonably expect a lay person to know how to secure and enforce his or her rights in those circumstances.
The problem was investigated by the Law Commission and their research and proposal was one of the prime motivating factors in the development of the present Bill. After the Bill was passed by the relevant portfolio committee in the National Assembly, a case was referred to the Constitutional Court to confirm the court of first instance’s finding that the provisions of certain sections of the Limitations and Legal Proceedings (Provincial and Local Authorities) Act, Act 94 of 1970, were unconstitutional. Here I refer to the case of Mooizee vs Greater Germiston Transitional Local Council.
In short, the Constitutional Court confirmed that the relevant notice period in favour of the local authority was unconstitutional. Once this case had been referred to the Constitutional Court, the select committee suspended the processing of the Bill to await the ruling of the Constitutional Court, the motivation for this being that we wanted to have sight of the Constitutional Court’s ruling to obtain the benefit of any guidance such judgement might give us. This Bill makes time bars and periods of prescription uniform for all organs of state. It extends the period in which notice must be given to the relevant organ of state from 90 days to six months. The need to give organs of state notice of the contemplated claim was re-examined and confirmed by the Constitutional Court in the Mooizee case. This notice period was found to be necessary in order to enable the organ of state to investigate the matter while the evidence relevant to the matter was still available.
The court may even condone noncompliance with the need to give notice in appropriate circumstances. The committee considered whether the application of this Bill should be retrospective to the changeover in 1994 to the new constitutional order. The committee felt that making this Bill retrospective would create an untenable situation in relation to the state’s liability and the legal uncertainty of making the Act retrospective was unacceptable.
The select committee has proposed certain amendments which will be referred back to the National Assembly. This Bill sets up an equitable and constitutional relationship between the individual and the state and for these reasons the DP supports this Bill. The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! I have heard the request from Mr Bhengu that his name be removed from the speakers’ list. I now call upon the hon P D N Maloyi.
Mr P D N MALOYI: Chairperson, last night I had a very long discussion with the Chairperson of the Select Committee. I requested him to increase the time allocated to me because I felt that six minutes was very little. But he could not agree with me. Now I will request hon members, particularly the hon Setona, not to be bored and sleepy, but just to listen to my long speech. [Laughter.]
In summarising what the other members have said earlier - as I am trying to stick to six minutes - the Bill seeks to harmonise and create uniformity in respect of the provisions of existing laws which provide for different notice periods for the institution of legal proceedings against certain organs of state for the recovery of certain debts.
I do not want to spoil what the hon the Deputy Minister is going to say. I think, at this point, I should say that the ANC supports this Bill. [Laughter.] The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Maybe the hon Mr Lever was right in expressing his predicament. [Laughter.]
The DEPUTY MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Chairperson, I would like to thank everybody for their inputs, as well as those who chose to remain silent. It is a master of debate and conversation who knows when not to speak, and the members have mastered it. I would like to say that there seems to be general support for this Bill. It has been a long time coming, but there have been very good reasons for the wait.
The amendments that have been made, as pointed out, will in due course be referred back to the National Assembly and we will await their response. I can only believe that it will be a positive response. I am in fact sure, as I know the way members work, that they have probably liaised with their colleagues in any event.
I would like to thank the Council for the time, the debate and the support of this Bill. [Applause.]
Debate concluded. Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON LAND AND ENVIRONMENTAL
AFFAIRS - NAIROBI CONVENTION
Rev M CHABAKU: Hon Deputy Chairperson and hon members of this esteemed Council. I beg your leave to make this humble presentation. The East African region covers four coastal countries along the East African coast, namely Kenya, Mozambique, Tanzania and Somalia, one large island which is also Madagascar, and three smaller island states, which are the Comoros, Mauritius and the Seychelles, and of course the territories of France in the South West Indian Ocean, Réunion.
The region’s people are dependent to a significant degree on coastal resources. As far back as 1981, a UNEP fact-finding mission to East Africa identified large-scale erosion, oil pollution, damaged coral reefs, pollution from fertilisers, and threats to precious marine animals as major environmental problems in the region. Since then the list of threats to the marine and coastal environment of the East African region has changed a little. A workshop in 1997 confirmed that domestic sewage, solid domestic waste, habitat degradation, agrochemical pollution and industrial waste pollution posed great threats to the region. This area is particularly vulnerable to oil pollution owing to the heavy use of the tanker route along the East African coast. On any given day, there are hundreds of tankers in this region. In recent decades, the growth of industry has also brought about an increasing volume of effluents into coastal waters in the area.
The use of agricultural chemicals has continued to grow, and sewage treatment continues to be inadequate in many parts of this region. As a consequence of this, rivers, creeks and the sea have become dumping sites for industrial waste. Linked to industrialisation, the East African region is also undergoing an extraordinary rate of urbanisation. As the cities have become overcrowded, water supplies have proved to be insufficient, and systems for drainage, sewerage and refuse disposal are also inadequate.
Domestic sewage is discharged directly into the rivers, and in some cases even into the sea. Some species of marine animals are already endangered, as a result of these human activities. Some people may say: ``So what? Why should we be bothered about the degradation of the marine and coastal environment of these countries?’’ The fact of the matter is that neither marine pollution nor marine resources respect geographical or political boundaries. Pollution or the depletion of marine resources in our neighbouring states will have implications for us.
In the same way the pollution and depletion of our own marine resources will have serious implications for people living in the East African coastal region, many of whom are dependent on marine resources for their survival. It is therefore in our interest to work actively and co- operatively with other countries in the region to ensure the sustainable use of marine and coastal resources.
This convention is an ideal vehicle through which we as South Africans can harmonise our own marine and coastal policies, strategies and standards with our East African neighbouring states, to ensure such sustainable use. In the days and times of today, we have to rise up to work together, with our brothers, sisters and children of the continent of our motherland Africa.
The East African region has been neglected. Now is the time to put life in our protocols, namely the Nairobi Convention. If I may borrow the Kenyan word ``Harambee’’, which means working together, I therefore appeal for harambee! Harambee! [Applause.]
Debate concluded.
Question put: That the Report be adopted.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Thank you, hon members. I know we will always experience a few mistakes. This time I wanted only delegation heads to vote. Fortunately all nine delegation heads voted in favour, but Mr Conroy, Mr Nel, and Mr Raju also voted. [Laughter.] Those votes will not be counted.
IN FAVOUR OF: Eastern Cape, Free State, Gauteng, Kwazulu-Natal, Mpumalanga, Northern Cape, Northern Province, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON LAND AND ENVIRONMENTAL
AFFAIRS - ABIDJAN CONVENTION
Rev P MOATSHE: Chairperson and hon members, I want to read a statement on the Convention for Cooperation in the Protection and Development of the Marine and Coastal Environment of the West and Central African Regions. Much of what has been said with regard to the Nairobi Convention is also true for the Abidjan Convention which seeks to establish co-operation in the protection and development of the West and Central African coastal region.
The Regional Seas Programme for West and Central Africa, was drafted in the early 1980s. The action plan and the Abidjan Convention were adopted by the governments in 1981. The convention entered into force in 1984 and soon projects on contingency planning, pollution, coastal erosion, environmental impact assessment, environmental legislation and marine mammals got under way. A number of difficulties, including competing priorities and lack of resources, resulted in slow progress from 1985 to 1999.
In recent decades, coastal eco-systems have suffered greatly from rapid development, improper use of resources and extensive pollution. Erosion and floods are already particular problems. This is likely to exacerbate climate change. But, today the Abidjan convention is back on track holding regular meetings and implementing its planned activities.
South Africa has much to offer in terms of technical knowledge around sustainable use of coastal areas. Over the past seven years, we have implemented a number of policies and laws aimed at ensuring more effective and efficient management of the coastal and marine eco-systems and all the other natural resources in the country. This knowledge can greatly assist our brothers and sisters in the West and Central African coastal region in their endeavours to promote much-needed social and economic development while preserving their natural habitat.
This Convention provides an ideal vehicle through which such technical co- operation can be achieved. I believe that this offers an achievable and practical solution through which we as Africans can preserve our oceans, which are our common heritage. I urge members to give the Convention their endorsement.
Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR OF: Eastern Cape, Free State, Gauteng, Kwazulu-Natal, Mpumalanga, Northern Cape, Northern Province, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SOCIAL SERVICES - OPTIONAL PROTOCOL TO CONVENTION ON RIGHTS OF CHILD ON SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY
Ms E C GOUWS: Mr Chairperson, hon members, only recently and only in certain countries and cultures has the abuse of children come to be seen as a major social problem and a main cause of suffering and personal problems for many people.
Children have been abused throughout human history, but for the first time we are beginning to face the true prevalence and significance of child abuse. Whilst I was sitting at Port Elizabeth airport yesterday, I opened the daily newspaper. The very first headline I saw informed readers that two children were raped near King William’s Town. An eight-year-old girl was raped by a fourteen-year-old youngster, and a six-year-old boy was raped by a 51-year-old man. How disgusting! How low can our moral standards drop or let me rather say: How cruel can society be?
The statistics on physical and sexual child abuse in South Africa are alarming. It is estimated that hundreds of thousands of children are physically and sexually abused each year by a parent, a close friend or a relative. Many die. For those who survive the emotional trauma remains long after the external bruises have healed. The emotional hidden bruises of child abuse can be treated. Early recognition is important to minimise the long-term effect of physical abuse.
Often the severe emotional damage to abused children does not emerge until adolescence or later when many abused children become parents. An adult, who was abused as a child, often has trouble establishing intimate personal relationships. Without proper treatment physically abused children can be damaged for life.
I want to state that there is concrete evidence to confirm a strong link between the possession of child pornography and sexual abuse. In fact, 87% of perpetrators emulated pornographic scenes when raping their victims. The optional protocol to the convention on the rights of children seeks to prevent child pornography, which means any representation by whatever means of a child engaged in real or simulated explicit sexual activities or the representation of the sexual parts of a child. This has become a matter of urgency. I would say that it is long overdue in these days of the growing availability of child pornography on the Internet and other evolving technologies.
The above-mentioned protocol also discusses child prostitution, which is the use of a child in sexual activities for remuneration. There are a number of particularly vulnerable groups, including girl children who are at greater risk of sexual exploitation. Factors contributing to this evil are lack of education, gender discrimination, irresponsible adult sexual behaviour, armed conflict and trafficking in children.
We should all support the ratification of this optional protocol to the Convention on the Rights of the Child. South Africa needs this desperately. A strong legislative framework is required that has the child’s interests at heart and that would prevent the trauma and pain which children are subjected to.
All the examples mentioned are forms of child abuse, but in different ways. I really think there is an urgent need for a moral renewal of our society and a dire need to uplift women, and more especially children, so that they can be seen as equal human beings and not as possessions or containers for some sick person’s desires.
Let me say something about Rapcan, ie Resources Aimed at the Prevention of Child Abuse and Neglect, which strives to protect children’s rights. World Day for the Prevention of Child Abuse and Neglect on 19 November of every year commemorates the ratification by the United Nations in 1989 of the Convention on the Rights of the Child. Let us all go out and ask our communities and organisations to find ways in which to draw attention to the abuse and neglect experienced by South Africa children. This is a malicious cancer and a threat to our whole nation and our future. [Applause.]
Mrs T E MILLIN (KwaZulu-Natal): Chairperson, a lot of what I say will sound very similar to the previous speaker with regard to the report before us, on the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, all of which are encompassed by the generic term of child abuse, and which undoubtedly includes the widespread rape of children.
Clearly, the intentions of this set of international protocols are laudable and all reasonable states and their law-abiding citizens would wish to see such measures implemented and effectively used to combat the litany of vile wickedness that spreads like a gangrenous cancer worldwide, not least in our own beloved, yet blighted land against our future generations. These comprise so many, who through various forms of abuse have had what should have been happy carefree years of nurturing and child-like innocence, torn asunder and brutally stolen from them, all too often for the exploitation and financial gain of adults who are a disgrace to humankind.
Yes, of course we need to subscribe to protocols that would hopefully prevent the horrendous rape of a nine-month-old baby or a six-year old girl left for dead after a rapist tore her so badly that her intestines hung between her emaciated legs like a red cauliflower. Both these examples are well-documented, recent South African cases.
Of course, all these manifestations of child abuse and particularly pornography, which is arguable a logical progression from other forms of pornography for lust-obsessed monsters seeking yet more kicks to feed their filthy habits, should and must be abolished. However, given the track record of countless sessions, conventions, declarations and policy statements on the rights of children in this instance with little if any evidence of meaningful action, one can be forgiven for expressing a healthy dose of scepticism, or at least caution, at the prospect of yet another protocol.
The root cause of this terminal disease in society is that mankind has become just too clever for its own good. So much so that we have turned our collective backs on Almighty God, rejecting His eternal precepts and guidelines for our own pathetically puny ones, drifting on the shifting sands of secular relativism which rejects such ideals as discipline, striving for excellence, the sanctity of marriage between a man and a woman, raising children in a safe, secure and loving environment, to be replaced with anarchistic urgings and an obsession with rights, and this without much thought for responsibilities. The result - an overwhelming tidal wave of crime, gross violence and abuse of so many, particularly our young ones.
We see children dying in large numbers from starvation, within the borders of our country as referred to earlier by one of the motions. A country that can, nevertheless, afford to lavish hundreds of millions on UN-backed World Summits, not to mention billions on arms.
Should we really wonder why all this happens when we pass laws legalising such obscenities as abortion on demand, which involves unborn children being indiscriminately ripped from their mothers’ wombs, often by reluctant doctors and nurses deeply traumatised by having to perform such abominations according to man-made laws. Should we wonder that we have become so desensitised and dehumanised when we are engulfed by so much violent abuse? And yet, hope springs eternal and so one hopes that this protocol will not end up gathering dust in some forgotten archive. May I quote:
When the high and mighty gathered at the UN General Assembly’s special session, with the improbable acronym of Ungas, on children and produced a document entitled A world fit for children, setting targets for meeting their most pressing needs by 2012 and 2015, this session was hailed by some as an indication of the increased seriousness with which children’s rights were been taken by the UN.
Maybe they are - on paper.
But it is action and changed hearts alone that will turn the tide against the rottenness that eats of the core of mankind. The real work must be done by activists. If one has a compassionate mind and strong arms then one can use these papers as a weapon, but one has to have the strong will of a fighter. Documents cannot liberate child slaves. It is the efforts of activists and the risks that they will take that set a child free.
I gratefully acknowledge the Children First publication and its editor, Cosmos Desmond, for the above quote. [Applause.]
Mnr F ADAMS: Mev die Voorsitter en agb lede, ‘n uitgebreide internasionale stel wetlike rigsnoere oor die beskerming en welstand van kinders is eenparig by ‘n VN-kongres oor Kinderregte aanvaar. Die Suid-Afrikaanse Regering steun sedert 16 Junie 1995 die VN-kongres oor Kinderregte en het homself weer eens verbind tot die wetlike werktye wat op 15 Mei 2002 in werking gestel is. Derhalwe glo die Nuwe NP dat alles in die stryd gewerp moet word om elke kind teen mishandeling en uitbuiting te beskerm.
Belangrike aangeleenthede soos kinderprostitusie, pornografie en handel met kinders het tot dusver beslis nie die aandag gekry wat dit verdien nie. Daar is wêreldwyd ‘n aansienlike toename in die algemene skending van kinderregte. Dit is van die uiterste belang dat ‘n wye netwerk van lande deel vorm van hierdie poging om kinders te beskerm. (Translation of Afrikaans paragraphs follows.) [Mr F ADAMS: Madam Chairperson and hon members, a comprehensive international set of legal guidelines regarding the protection and welfare of children has been unanimously accepted by a UN Conference on the Rights of the Child. The South African Government has supported the UN Conference on the Rights of the Child since 16 June 1995 and has once again committed itself to the legal timeframes which became operative on 15 May 2002. For this reason the New NP believes that everything possible should be done to protect every child from abuse and exploitation.
Important matters such as child prostitution, pornography and child trafficking have thus far not received the attention they deserve. There is a considerable increase worldwide in the general violation of children’s rights. It is of the utmost importance that a wide network of countries form part of this effort to protect children.]
A wide variety of factors contribute to these practices, such as lack of education, urban-rural migration, gender discrimination, irresponsible adult sexual behaviour, harmful traditional practices, armed conflict and trafficking in children. Sexual abuse of children knows no boundaries of social class, race or gender. Conditions of abject poverty and social disintegration make children especially vulnerable to sexual abuse. With the moral breakdown of society, the most vulnerable in society thus fall victim to those people who have lost their moral bearing. Social factors such as overcrowding, unemployment, alcohol abuse and broken families contribute to the problem of child abuse.
Certain policies developed in partnership with civil society are not being effectively implemented. The New NP believes that there should be a stronger, worldwide call for the criminalisation of the production, distribution, exportation, intentional possession and advertising of child pornography …
An HON MEMBER: Yes!
Mr F ADAMS: … stressing the importance of closer co-operation and partnership between government and the Internet industry. In order to ensure that the protocol is a living document, each state shall, within two years following the coming into force of the present protocol for that state, submit a report to the Committee on the Rights of the Child, providing comprehensive information on the measures it has taken to implement the provisions of the protocol.
The New NP trusts that this protocol will really contribute to the implementation of those steps that will ensure a better life for all children, not only our South African children, but children all over the world. Children are our most valuable resource for the future of our country and we need to ensure that they are given the best care, attention, protection and love so as to ensure that the future of the country will be in the hands of responsible and caring adults. [Applause.]
Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR OF: Eastern Cape, Free State, Gauteng, Kwazulu-Natal, Mpumalanga, Northern Cape, Northern Province, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SOCIAL SERVICES - PROTECTION AND ADOPTION OF CHILDREN CONVENTION
Ms E C GOUWS: Chairperson, the Select Committee on Social Services believes that the Convention on Protection of Children and Co-operation in respect of Inter-Country Adoption Office is a sufficient safeguard to ensure that the interests of the child in the case of inter-country adoption is taken into account. The committee has expressed concern at cases where a child is taken from South Africa and potentially abused in the receiving state by the adoptive parents, that we have no recourse to repatriate that child since adoptions are permanent.
To a certain extent our fears are allayed because of the efficient monitoring which, we believe, will be done between our country and the receiving state. We also trust that the receiving state will have stringent human rights legislation for the protection of the rights of children. The committee understands that this convention will help reduce the horrors of kidnapping and trafficking in children which has increased in the past few years in South Africa.
The Select Committee on Social Services therefore fully supports the ratification of the Convention on Protection of Children and Co-operation in respect of Inter-Country Adoption. [Applause.]
Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR OF: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Mpumalanga, Northern Cape, Northern Province, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
The Council adjourned at 15:40. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
MONDAY, 9 SEPTEMBER 2002
ANNOUNCEMENTS: National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The following Bill was introduced by the Minister for
Agriculture and Land Affairs in the National Assembly on 9
September 2002 and referred to the Joint Tagging Mechanism (JTM)
for classification in terms of Joint Rule 160:
(i) Agricultural Debt Management Amendment Bill [B 45 - 2002]
(National Assembly - sec 75) [Explanatory summary of Bill and
prior notice of its introduction published in Government
Gazette No 23798 of 6 September 2002.]
The Bill has been referred to the Portfolio Committee on
Agriculture and Land Affairs 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.
(2) The following Bill was introduced by the Minister for Justice
and Constitutional Development in the National Assembly on 9
September 2002 and referred to the Joint Tagging Mechanism (JTM)
for classification in terms of Joint Rule 160:
(i) Promotion of Administrative Justice Amendment Bill [B 46 -
2002] (National Assembly - sec 75) (official translation into
isiXhosa: UMthetho oYilwayo oLungisayo weNkuthazo yokuPhatha
ngoBulungisa). [Explanatory summary of Bill and prior notice
of its introduction published in Government Gazette No 23807
of 30 August 2002.]
The Bill has been referred to the Portfolio Committee on Justice
and Constitutional 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 Council of Provinces:
- The Chairperson:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(1) The following papers are referred to the Select Committee on
Security and Constitutional Affairs:
(a) Government Notice No 762 published in Government Gazette
No 23477 dated 30 May 2002, Statement of the National Revenue,
Expenditure and Borrowing as at 30 April 2002, in terms of
section 32 of the Public Finance Management Act, 1999 (Act No
1 of 1999).
(b) Government Notice No 898 published in Government Gazette
No 23580 dated 28 June 2002, Statement of the National
Revenue, Expenditure and Borrowing as at 31 May 2002, in terms
of section 32 of the Public Finance Management Act, 1999 (Act
No 1 of 1999).
(2) The following paper is referred to the Select Committee on
Finance:
Annual Report and Financial Statements of the Financial and Fiscal
Commission for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 132-2002].
(3) The following papers are referred to the Select Committee on
Labour and Public Enterprises:
(a) Annual Report and Financial Statements of the Department
of Labour for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 116-
2002].
(b) Annual Report and Financial Statements of the Media,
Advertising, Publishing, Printing and Packaging Sector
Education and Training Authority for 2001-2002, including the
Report of the Auditor-General on the Financial Statements for
2001-2002 [RP 105-2002].
(c) Annual Report and Financial Statements of the Government
Communication and Information System - Vote No 7 for 2001-
2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 140-2002].
(d) Annual Report and Financial Statements of the Information
Systems, Electronics and Telecommunications Technologies
Sector Education and Training Authority for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002.
(3) The following papers are referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on Land
and Environmental Affairs:
(a) Annual Report and Financial Statements of the Forest
Industries Education and Training Authority for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 100-2002].
(b) Annual Report and Financial Statements of the Primary
Agriculture Education and Training Authority for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 109-2002].
(c) Annual Report and Financial Statements of the Secondary
Agriculture Sector Education and Training Authority for 2001-
2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 111-2002].
(d) Annual Report and Financial Statements of the Tourism,
Hospitality and Sport Sector Education and Training Authority
for 2001-2002, including the Report of the Auditor-General on
the Financial Statements for 2001-2002.
(4) The following papers are referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on
Finance:
(a) Annual Report and Financial Statements of the Insurance
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) Annual Report and Financial Statements of the Financial
and Accounting Services Sector Education and Training
Authority for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 138-
2002].
(5) The following papers are referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on
Economic and Foreign Affairs:
(a) Annual Report and Financial Statements of the Clothing,
Textile, Footwear and Leather Sector Education and Training
Authority for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 112-
2002].
(b) Annual Report and Financial Statements of the Chemical
Industries Education and Training Authority for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 93-2002].
(c) Annual Report and Financial Statements of the Food and
Beverages Sector Education and Training Authority for 2001-
2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 99-2002].
(d) Annual Report and Financial Statements of the Wholesale
and Retail Services Sector Education and Training Authority
for 2001-2002, including the Report of the Auditor-General on
the Financial Statements for 2001-2002 [RP 115-2002].
(e) Annual Report and Financial Statements of the
Manufacturing, Engineering and Related Services Education and
Training Authority for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002.
(f) Annual Report and Financial Statements of the Mining
Qualifications Authority for 2001-2002, including the Report
of the Auditor-General on the Financial Statements for 2001-
2002.
(6) The following papers are referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on
Public Services:
(a) Annual Report and Financial Statements of the Transport
Sector Education and Training Authority for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 114-2002].
(b) Annual Report and Financial Statements of the Construction
Education and Training Authority for 2001-2002, including the
Report of the Auditor-General on the Financial Statements for
2001-2002 [RP 136-2002].
(7) The following paper is referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on
Education and Recreation:
Annual Report and Financial Statements of the Education, Training
and Development Practices Sector Education and Training Authority
for 2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 134-2002].
(8) The following paper is referred to the Select Committee on
Labour and Public Enterprises, the Select Committee on Economic
and Foreign Affairs and the Select Committee on Security and
Constitutional Affairs:
Annual Report and Financial Statements of the Diplomacy,
Intelligence, Defence and Trade Sector Education and Training
Authority for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002.
(9) The following paper is referred to the Select Committee on
Public Services:
Annual Report and Financial Statements of the South African Rail
Commuter Corporation for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002 [RP 151-
2002].
(10) The following papers are referred to the Select Committee on
Economic and Foreign Affairs:
(a) Annual Report and Financial Statements of the Department
of Minerals and Energy for 2001-2002, including the Report of
the Auditor-General on the Financial Statements for 2001-2002
[RP 159-2002].
(b) Annual Report and Financial Statements of the Central
Energy Fund for 2000-2001, including the Report of the Auditor-
General on the Financial Statements for 2000-2001 [RP 30-
2002].
(c) Annual Report and Financial Statements of the Council for
Mineral Technology (MINTEK) for 2001-2002, including the
Report of the Auditor-General on the Financial Statements for
2001-2002 [RP 92-2002].
(d) Annual Report and Financial Statements of the Central
Energy Fund for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 98-
2002].
(e) Annual Report and Financial Statements of the Council for
Geoscience for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 128-
2002].
(f) Annual Report and Financial Statements of the National
Electricity Regulator for 2001-2002, including the Report of
the Auditor-General on the Financial Statements for 2001-2002.
(11) The following paper is referred to the Select Committee on
Social Services:
Annual Report and Financial Statements of the Electoral
Commission for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 146-2002].
(12) The following papers are referred to the Select Committee on
Education and Recreation:
(a) Report and Financial Statements of the Engelenburg House
Art Collection for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002.
(b) Report and Financial Statements of the Freedom Park Trust
for 2001-2002, including the Report of the Auditor-General on
the Financial Statements for 2001-2002 [RP 141-2002].
(c) Report and Financial Statements of the Natal Museum for
2001-2002 and the Report of the Auditor-General on the
Financial Statements for 2001-2002.
(d) Report and Financial Statements of the South African
Heritage Resources Agency for 2001-2002, including the Report
of the Auditor-General on the Financial Statements for 2001-
2002 [RP 125-2002].
(e) Report and Financial Statements of the War Museum of the
Boer Republic for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002.
(f) Report and Financial Statements of the Iziko Museums of
Cape Town for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002.
(13) The following paper is referred to the Select Committee on Land
and Environmental Affairs:
Report and Financial Statements of the Department of Land
Affairs, including the Report of the Auditor-General on the
Financial Statements of the Department of Land Affairs - Vote 28
for 2001-2002 and the Report of the Auditor-General on the
registration of the Deeds Trading Account for 2001-2002 [RP 160-
2002].
(14) The following paper is referred to the Select Committee on
Education and Recreation:
Report and Financial Statements of the National Zoological
Gardens of South Africa for 2001-2002, including the Report of
the Auditor-General on the Financial Statements for 2001-2002
[RP 130-2002].
(15) The following paper is referred to the Select Committee on
Finance:
Report and Financial Statements of the Development Bank of
Southern Africa Limited for 2001-2002.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Arts, Culture, Science and Technology:
(a) Annual Report and Financial Statements of the State Theatre for
2001-2002.
(b) Annual Report and Financial Statements of Business and Arts
South Africa for 2001-2002. 2. The Minister of Transport:
Annual Report and Financial Statements of the Airports Company South
Africa Limited for 2001-2002.
- The Minister for Justice and Constitutional Development:
Annual Report and Financial Statements of the Legal Aid Board for 2001-
2002, including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 161-2002].
COMMITTEE REPORTS:
National Council of Provinces:
-
Report of the Select Committee on Security and Constitutional Affairs on Organization of African Unity Convention for the Prevention and Combating of Terrorism, dated 9 September 2002:
The Select Committee on Security and Constitutional Affairs, having considered the request for approval by Parliament of the Organization of African Unity Convention for the Prevention and Combating of Terrorism, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Convention.
Report to be considered.
TUESDAY, 10 SEPTEMBER 2002
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Finance:
(a) Report and Financial Statements of the South African Reserve
Bank for 2001-2002.
(b) Annual Economic Report of the South African Reserve Bank for
2002.
(c) The Address of the Governor of the South African Reserve Bank on
27 August 2002.
(d) Resolutions of the Standing Committee on Public Accounts for
2002 and replies thereto obtained by the National Treasury - Third
Report, 2002.
- The Minister of Public Enterprises:
Annual Report and Financial Statements of the Department of Public
Enterprises for 2001-2002, including the Report of the Auditor-General
on the Financial Statements of the Department of Public Enterprises -
Vote 8 for 2001-2002 [RP 158-2002].
- The Minister of Labour:
(a) Annual Report and Financial Statements of the Commission for
Conciliation, Mediation and Arbitration for 2001-2002, including
the Report of the Auditor-General on the Financial Statements for
2001-2002 [RP 82-2002].
(b) Annual Report and Financial Statements of the Energy Sector
Education and Training Authority for 2001-2002 [RP 98-2002].
(c) Annual Report of the Public Service Sector Education and
Training Authority for 2001-2002 [RP 110-2002].
(d) Annual Report of the Unemployment Insurance Fund for 2001,
including the Report of the Auditor-General on the Financial
Statements for the year ended 31 December 2001 [RP 117-2002].
- The Minister of Environmental Affairs and Tourism:
(a) Annual Report and Financial Statements of the Department of
Environmental Affairs and Tourism for 2001-2002, including the
Report of the Auditor-General on the Financial Statements for 2001-
2002.
(b) Protocol on the Development of Tourism in the Southern African
Development Community, tabled in terms of section 231(2) of the
Constitution, 1996.
(c) Explanatory Memorandum to the Protocol.
WEDNESDAY, 11 SEPTEMBER 2002
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Communications:
(a) Annual Report and Financial Statements of the South African
Broadcasting Corporation (SABC) for 2001-2002.
(b) Annual Report and Financial Statements of the Independent
Communications Authority of South Africa (ICASA) for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 120-2002].
(c) Annual Report and Financial Statements of the National
Electronic Media Institute of South Africa (NEMISA) for 2001-2002.
COMMITTEE REPORTS:
National Assembly and National Council of Provinces:
- Report of the Joint Standing Committee on Intelligence for 2001-02, dated 19 June 2002:
STATEMENT OF THE CHAIRPERSON OF THE JOINT STANDING COMMITTEE ON
INTELLIGENCE
PLEASE INSERT PP 1415 TO 1432 OF 11 SEPT 2002 ATCs
Report to be considered.
THURSDAY, 12 SEPTEMBER 2002
ANNOUNCEMENTS:
National Council of Provinces:
- The Chairperson:
(1) Message from National Assembly to National Council of Provinces:
Bills passed by National Assembly on 12 September 2002 and
transmitted for concurrence:
(i) South African Maritime and Aeronautical Search and Rescue
Bill [B 23D - 2002] (National Assembly - sec 75).
(ii) Road Accident Fund Amendment Bill [B 27B - 2002] (National
Assembly - sec 75).
The Bills have been referred to the Select Committee on Public
Services.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
The Strategic Plan of the Human Rights Commission for 2000-2005.
- The Minister of Finance:
(1) Memorandum of Understanding among Member Governments of the
Eastern and Southern African Anti-Money Laundering Group and the
Republic of South Africa, tabled in terms of section 231(2) of the
Constitution, 1996.
(2) Explanatory Memorandum to the Memorandum of Understanding.
- The Minister of Trade and Industry:
Report and Financial Statements of the South African Bureau of
Standards for 2001-2002, including the Report of the Auditor-General on
the Financial Statements for 2001-2002.
-
The Minister for Justice and Constitutional Development: Report of the Independent Electoral Commission regarding the Management and Administration of the Represented Political Parties’ Fund for 2001- 2002, including the Report of the Auditor-General on the Financial Statements of the Represented Political Parties’ Fund for 2001-2002 [RP 147-2002].
-
The Minister of Communications:
Report and Financial Statements of Sentech (Pty) Limited for 2001-2002.
FRIDAY, 13 SEPTEMBER 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The following Bill was introduced by the Minister for Justice
and Constitutional Development in the National Assembly on 13
September 2002 and referred to the Joint Tagging Mechanism (JTM)
for classification in terms of Joint Rule 160:
(i) Child Justice Bill [B 49 - 2002] (National Assembly - sec
75) [Explanatory summary of Bill and prior notice of its
introduction published in Government Gazette No 23728 of 8
August 2002.]
The Bill has been referred to the Portfolio Committee on Justice
and Constitutional 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 Council of Provinces:
- The Chairperson:
(1) Message from National Assembly to National Council of Provinces:
Bills passed by National Assembly on 13 September 2002 and
transmitted for concurrence:
(i) Collective Investment Schemes Control Bill [B 28B - 2002]
(National Assembly - sec 75) (referred to the Select
Committee on Finance).
(ii) South African Revenue Service Amendment Bill [B 36 - 2002]
(National Assembly - sec 75) (referred to the Select
Committee on Finance).
(iii) Corporate Laws Amendment Bill [B 32B - 2002] (National
Assembly - sec 75) (referred to the Select Committee on
Economic and Foreign Affairs).
- The Chairperson:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(1) The following papers are referred to the Select Committee on
Security and Constitutional Affairs:
(a) Report and Financial Statements of the Public Protector
for 2001-2002, including the Report of the Auditor-General on
the Financial Statements for 2001-2002 [RP 89-2002].
(b) Annual Report and Financial Statements of the Legal Aid
Board for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 161-
2002].
(2) The following papers are referred to the Select Committee on
Education and Recreation:
(a) Report and Financial Statements of the Artscape for 2001-
2002.
(b) Report and Financial Statements of the William Humphreys
Art Gallery for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002.
(c) Annual Report and Financial Statements of Business and
Arts South Africa for 2001-2002.
(3) The following papers are referred to the Select Committee on
Labour and Public Enterprises:
(a) Annual Report and Financial Statements of the Department
of Public Enterprises for 2001-2002, including the Report of
the Auditor-General on the Financial Statements of the
Department of Public Enterprises - Vote 8 for 2001-2002 [RP
158-2002].
(b) Annual Report and Financial Statements of the Commission
for Conciliation, Mediation and Arbitration for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 82-2002].
(c) Annual Report of the Unemployment Insurance Fund for 2001,
including the Report of the Auditor-General on the Financial
Statements for the year ended 31 December 2001 [RP 117-2002].
(4) The following paper is referred to the Select Committee on
Public Services:
Report and Financial Statements of the South African Maritime
Safety Authority for 2000-2001, including the Report of the
Auditor-General on the Financial Statements for 2000-2001.
(5) The following paper is referred to the Select Committee on
Social Services:
Report and Financial Statements of the Department of Social
Development for 2001-2002, including the Report of the Auditor-
General on the Financial Statements of the Department of Social
Development - Vote 17 for 2001-2002 [RP 174-2002].
(6) The following papers are referred to the Select Committee on
Finance:
(a) Report and Financial Statements of the South African
Reserve Bank for 2001-2002.
(b) Annual Economic Report of the South African Reserve Bank
for 2002.
(c) The Address of the Governor of the South African Reserve
Bank on 27 August 2002.
(d) Resolutions of the Standing Committee on Public Accounts
for 2002 and replies thereto obtained by the National Treasury
- Third Report, 2002.
(7) The following paper is referred to the Select Committee on Land
and Environmental Affairs:
Annual Report and Financial Statements of the Department of
Environmental Affairs and Tourism for 2001-2002, including the
Report of the Auditor-General on the Financial Statements for 2001-
2002.
(8) The following papers are referred to the Select Committee on
Land and Environmental Affairs for consideration and report:
(a) Protocol on the Development of Tourism in the Southern
African Development Community, tabled in terms of section
231(2) of the Constitution, 1996.
(b) Explanatory Memorandum to the Protocol.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Arts, Culture, Science and Technology:
Annual Report and Financial Statements of the National Library of South
Africa for 1999-2001, including the Report of the Auditor-General on
the Financial Statements as ended 31 March 2001.
- The Minister of Health:
Annual Report and Financial Statements of the Medical Research Council
for 2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 91-2002].
- The Minister of Sport and Recreation:
Annual Report and Financial Statements of the South African Institute
for Drug-Free Sport for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 127-2002].
MONDAY, 16 SEPTEMBER 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Joint Tagging Mechanism (JTM) on 16 September 2002 in terms
of Joint Rule 160(3), classified the following Bills as section 75
Bills:
(i) Anti-Personnel Mines Prohibition Bill [B 44 - 2002]
(National Assembly - sec 75).
(ii) Agricultural Debt Management Amendment Bill [B 45 - 2002]
(National Assembly - sec 75).
(iii) Promotion of Administrative Justice Amendment Bill [B 46 -
2002] (National Assembly - sec 75).
(2) The following money Bills which were introduced by the Minister
of Finance in the National Assembly on 13 September 2002 and
referred to the Portfolio Committee on Finance, were also referred
to the Joint Tagging Mechanism (JTM) for classification in terms
of Joint Rule 160:
(i) Gas Regulator Levies Bill [B 47 - 2002] (National Assembly
- sec 77).
(ii) Finance Bill [B 48 - 2002] (National Assembly - sec 77).
In terms of Joint Rule 154 written views on the classification of
the Bills may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days of the introduction of the
bills.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Arts, Culture, Science and Technology:
Report and Financial Statements of the Pan South African Language Board
for 2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 166-2002].
National Council of Provinces:
- The Chairperson:
Petition of the Royal Swazi Families (Bantfwabenkhosi) and Swazi
Chiefs/Nation presiding in Traditional Swazi Areas, praying for
Parliament to urge and encourage the South African Government to
expedite the final determination of a border issue.
Referred to the Select Committee on Economic and Foreign Affairs.
TUESDAY, 17 SEPTEMBER 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Minister of Intelligence on 9 September 2002 submitted a
draft of the Intelligence Services Control 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.
(2) The following Bill was introduced by the Minister of
Intelligence in the National Assembly on 17 September 2002 and
referred to the Joint Tagging Mechanism (JTM) for classification
in terms of Joint Rule 160:
(i) Intelligence Services Control Amendment Bill [B 50 - 2002]
(National Assembly - sec 75) [Explanatory summary of Bill and
prior notice of its introduction published in Government
Gazette No 23828 of 9 September 2002.]
The Bill has been referred to the Ad Hoc Committee on Intelligence
Legislation 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 Council of Provinces:
- The Chairperson:
(1) Message from National Assembly to National Council of Provinces:
Bills passed by National Assembly on 17 September 2002 and
transmitted for concurrence:
(i) Regulation of Interception of Communications and Provision
of Communication-Related Information Bill [B 50B - 2001]
(National Assembly - sec 75) (referred to the Select Committee
on Security and Constitutional Affairs).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Labour:
Report and Financial Statements Services Sector Education and Training
Authority for 2001-2002, including the Report of the Auditor-General on
the Financial Statements for 2002-2002 [RP 94-2002].
COMMITTEE REPORTS:
National Council of Provinces:
- Report of the Select Committee on Finance on Provincial Public Hearings on FFC submission on Division of Revenue for 2003-04, dated 17 September 2002:
The Select Committee on Finance, having conducted provincial public
hearings on the Financial and Fiscal Commission's submission on the
Division of Revenue for 2003-04, reports as follows:
A. Introduction
On 29 April 2002, the Financial and Fiscal Commission (FFC),
tabled its submission on the Division of Revenue in Parliament.
The FFC has a legislative mandate of advising the government on
the Division of Revenue among the national, provincial and local
spheres of government and making recommendations on provincial and
local fiscal matters.
Pursuant to that, the Select Committee on Finance in the National
Council of Provinces requested provinces to host their own public
hearings to assist the NCOP in drafting a consolidated report
based on information acquired from such provincial public
hearings.
The FFC's mandate is to make submissions to the national
Parliament in terms of section 9 the Inter-Governmental Fiscal
Relations Act, 1997. In terms of the Act, the FFC has to make this
submission 10 months before the Minister of Finance presents his
Budget. The FFC is also expected to assess the financial
implications of new policies and to develop mechanisms to support
the effective and efficient funding of these policies. This gives
the Minister of Finance, Parliament and other stakeholders a
chance to debate, discuss and use the FFC's recommendations and
proposals as input for the Minister's budget speech and the
drawing up of the Budget itself.
The Minister of Finance is obliged to consult with the FFC, but is
not compelled to incorporate the recommendations into the budget
speech. In his response the Minister highlights some of the
concerns and issues that face the government with respect to the
equitable share and inter-governmental fiscal relations. The
meetings with the Minister take place in December and January in
terms of the Inter-Governmental Fiscal Relations Act. The Minister
is obliged, in terms of that Act, to respond to the FFC proposals.
The formal response of the government is contained in the Budget
Review, submitted by the Minister on Budget Day.
Section 214(2) of the Constitution states that, when the
recommendations of the FFC are considered, the following factors
(paragraphs (a) to (j) of the said section) must be taken into
account:
(a) The national interest
(b) Any provision that must be made in respect of the national
debt and other national obligations
(c) The needs and interest of the national government
determined by objective criteria
(d) The need to ensure that the provinces and municipalities
are able to provide basic services and perform the functions
allocated to them
(e) The fiscal capacity and efficiency of the provinces and
the municipalities
(f) Developmental and other needs of provinces, local
government and municipalities
(g) Economic disparities within and among the provinces
(h) Obligations of the provinces and municipalities in terms
of national legislation
(i) The desirability of stable and predictable allocations of
revenue shares
(j) The need for flexibility in responding to emergencies or
other temporary needs, and other factors based on similar
objective criteria.
The recommendations are also informed by request the FFC gets from
other stakeholders.
B. FFC recommendations for 2002-03
The nature of the FFC proposals was within the framework of
proposals it had made for the MTEF cycle in 2000. Annual proposals
have to be made for the next fiscal year within that cycle.
1. Provincial government proposals
(a) HIV/AIDS and ECD
The FFC proposes that conditional grants remain the most
appropriate mechanism for targeting the spending of
HIV/AIDS funds, and that ECD should be funded through a
conditional grant until it can be incorporated into the
equitable share. The conditional grants in respect of
HIV/AIDS should, therefore, not be included in the
equitable share, since the equitable share is
unconditional and it will be difficult to track funding.
The FFC proposes the development of a suitable data and
information base in order for HIV/AIDS to be prioritised.
(b) With regard to own revenue, provinces can generate this
through:
* Road traffic revenue
* Hospital and patient fees
* Horse-racing and gambling.
(c) The Provincial Tax Regulation Process Bill should:
* Specify criteria against which the Minister can
measure provincial tax proposals
* Clarify the implications and procedures relating to
capacity limitations of SARS
* Allow provinces maximum flexibility in determining
tax rates within tax rate bands
* Include guidelines with regard to tax room and
equalisation measures, where certain taxes have
implications for the equitable share revenue pool
* Specify regulations for dispute resolution,
especially where a province may fail to reach
agreement with SARS on certain tax proposals.
The FFC submission suggests that there are possibilities
for improvement relating to financial management,
appropriate revision of fees and incentive structures.
2. Local government proposals
(a) Municipal borrowing and finance markets
There should be a combination of market discipline and a
rules-based approach. The government should set rules
that will ensure that borrowers and lenders are
adequately protected.
There should also be a differentiated approach to
municipalities and policy measures to assist
municipalities to build their credit-worthiness.
(b) Primary health care
The FFC supports the recommendation that district
municipalities should be the service authorities in
respect of health care. It also recommends that local
municipalities should be the main service delivery agents
and authorities for water and sanitation, unless there is
no capacity.
(c) Councillors' remuneration
On the contentious issue of councillors' remuneration,
the FFC states that constitutionally councillors should
be remunerated from municipal revenue. However, the
institutional component of the local government equitable
share should be assessed to ensure that it reflects
existing legislative requirements (i.e. departmental
guidelines on upper limits of councillor remuneration).
(d) Restructuring of electricity
On the restructuring of electricity distribution, the FFC
proposes that, from the six regional electricity
distributors (REDS) to be formed, their demarcation
should be conterminous with municipal boundaries. This
will ensure that two people living within the same
municipality will not be paying different tariff rates.
There should be a national tariff support programme for
low-income consumers through lifeline tariffs or free
basic services.
There should be compensation to municipalities for
transfer-related losses. About 6% of municipal revenue is
collected in respect of electricity.
3. Cross-cutting equitable share proposals
(a) Disaster management funding
The FFC proposes that central funding mechanisms for
disaster management should be introduced so as to ensure
that budget frameworks and the delivery of
constitutionally-mandated basic services (CMBS) are not
compromised.
The FFC proposes that once provinces and municipalities
exceed a prescribed threshold of their budgets on
emergency response, funding should kick in from the
central contingency reserve. For municipalities, this
prescribed threshold would take account of fiscal
capacity.
(b) Contingency reserve
The FFC proposes that more defined objective criteria be
provided to guide the purpose of the contingency fund.
The contingency reserve should be set aside for emergency
response efforts for all spheres of government.
Furthermore, the FFC suggests that the two purposes of
the contingency reserve should be separated (i.e. new
spending priorities of the outer years of the MTEF and
one for emergencies dealing with macroeconomic stability
and responses to natural or human made disasters).
(c) Social security
The FFC proposes that old-age and veteran pensions be
budgeted for and administered by the national government.
The FFC also proposes that a national security agency be
established to deal with problems in repsect of the
delivery of social security programmes. Its main aim
would be to improve access to, as well as efficiency and
effectiveness of, service delivery with regard to the
poorest of the poor.
(d) Review of current equitable share formulae
The 2004-05 financial year begins the new MTEF cycle. All
stakeholders (e.g. the government and Parliament) are
required to apply their minds to reviewing the equitable
share formula.
The FFC proposes that the mechanism of distributing
nationally collected revenue should introduce a principle
of balancing the requirements of the Bill of Rights for
the delivery of constitutionally-mandated basic services
(CMBS) with the constraints contained in section 214(2)
of the Constitution (see paragraph A. above).
It also mentions the need for improvement in the
collection of data to enhance the development of
intergovernmental fiscal mechanisms consistent with
constitutional requirements.
C. Responses of provinces to recommendations
1. The review of the equitable division of revenue should take
into account the Census 2001 data. When allocating funds
between the different spheres of government, poverty
alleviation and economic development should be prioritised,
based on population density informed by the soon-to-be-
released new Census data.
2. The RED boundaries should be aligned with municipal boundaries
to ensure that residents of a given municipality do not fall
within different REDs and hence under different tariff
structures.
3. Metro or urban municipalities rely on electricity as their key
rates collector for own revenue for solvency. The move to
compensate such municipalities for the losses that might be
caused by the transfer to RED's is welcomed.
4. Greater emphasis should be placed on needs and cost recovery
issues.
5. The current arrangements for disaster funding are unstructured.
The funding of disaster response efforts should be drawn from
the contingency reserve, once provinces and municipalities
have exceeded a given proportion of their budgets on response
efforts.
6. Councillors should be remunerated through municipal revenues
(including their equitable share allocation). Municipalities
would like to receive increased equitable shares to speed up
service delivery in those municipalities who cannot afford to
raise their own revenue and also to help with the adjustment
of councillors' remuneration.
D. Committee conclusions and recommendations
1. Provinces supporting the phasing out of conditional grants are
not in agreement with the FFC's proposal on HIV/AIDS.
2. The development of specific inter-governmental fiscal capacity-
building programmes should be accelerated and funds initially
transferred through equitable division of revenue should also
be supported by specific conditional grants.
3. The functions and powers related to the distribution of social
grants must remain with the provinces. Capacity constraints
exist at national, provincial and local level.
4. The provincial tax assignment issue is still unresolved because
of its complexity. A surcharge on PIT needs to be debated
because most provinces disagree on this arrangement.
Report to be considered.
-
Report of the Select Committee on Finance on the Financial Advisory and Intermediary Services Bill [B 52B - 2001] (National Assembly - sec 75), dated 17 September 2002:
The Select Committee on Finance, having considered the subject of the Financial Advisory and Intermediary Services Bill [B 52B - 2001] (National Assembly - sec 75), referred to it, reports that it has agreed to the Bill.
-
Report of the Select Committee on Security and Constitutional Affairs on European Convention on Extradition, dated 21 August 2002: The Select Committee on Security and Constitutional Affairs, having considered the request for approval by Parliament of the European Convention on Extradition, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Convention, with the declaration that:
(1) the Republic of South Africa, for the purposes of Article 2 of the Convention, shall not extradite any person unless the punishment awarded for a conviction in respect of which he or she is being sought, is a sentence of imprisonment of at least six months; and
(2) for the purposes of Article 6 of the Convention, the term “nationals” is defined, in terms of South Africa’s legal system, as persons who have acquired South African citizenship by means of birth, descent or naturalisation. This includes persons with citizenship of South Africa and of another country. These persons will all be liable to be extradited. South Africa’s acceptance of dual citizenship will therefore not bar the extradition of a person where he or she is also in possession of a citizenship of a country which prohibits the extradition of its nationals.
Report to be considered.
-
Report of the Select Committee on Security and Constitutional Affairs on Additional Protocol to European Convention on Extradition, dated 21 August 2002:
The Select Committee on Security and Constitutional Affairs, having considered the request for approval by Parliament of the Additional Protocol to the European Convention on Extradition, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Protocol.
Report to be considered.
-
Report of the Select Committee on Security and Constitutional Affairs on Second Additional Protocol to European Convention on Extradition, dated 21 August 2002:
The Select Committee on Security and Constitutional Affairs, having considered the request for approval by Parliament of the Second Additional Protocol to the European Convention on Extradition, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Protocol.
Report to be considered.
-
Report of the Select Committee on Security and Constitutional Affairs on SADC Protocol Against Corruption, dated 21 August 2002:
The Select Committee on Security and Constitutional Affairs, having considered the request for approval by Parliament of the SADC Protocol Against Corruption, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Protocol.
The Committee is of the opinion that, in accordance with Article 12 of the Protocol, the Director-General of Justice and Constitutional Development should be designated as the authority for purposes of co-operation and assistance under this Protocol.
Report to be considered.
- Report of the Select Committee on Land and Environmental Affairs on International Study Tour to Malaysia, dated 6 September 2002:
The Select Committee on Land and Environmental Affairs, having
undertaken a study tour to Malaysia from 1 to 6 July 2002, reports as
follows:
A. Terms of Reference
It is parliamentary policy to provide opportunities for Members of
Parliament to develop skills, knowledge and competencies in order
to perform their duties efficiently and effectively.
In the light of this policy guideline, the Committee, which is
responsible for the portfolios of Agriculture and Land Affairs,
Water Affairs and Forestry as well as Environmental Affairs and
Tourism, resolved to undertake a study tour to Malaysia in order
to gain knowledge of how a country at a similar stage of
development as South Africa was dealing with problems encountered
in the fields of Agriculture, Fishing, Agro-Tourism and technical
co-operation with other developing countries.
Whilst South Africa has advanced rapidly with regard to policy and
legislation in the sectors that are of concern to the Committee,
the problems of emerging farmers and small-scale fishers have yet
to be addressed. Malaysia has worked effectively within a
sustainable development framework to overcome problems in these
sectors, and South Africa has important lessons to learn from
their initiatives.
B. Background
Malaysia is located in the heart of South-East Asia, slightly
north of the equator. It consists of 330,200 square km, and is
divided into two main regions - Peninsular Malaysia, which lies
just south of Thailand, and East Malaysia, which lies north of
Indonesia. These two regions are divided into 13 states.
Although East Malaysia is the larger segment, it is primarily
comprised of undeveloped land and jungles. Approximately 80% of
the country's more than 24 million people occupy the main
peninsula.
The territories making up the modern Malaysia were British
protectorates during the 1920s. Malaysian nationalism came to the
fore in the 1930s and in the period after World War II. This
eventually culminated in the formation of the Federation of
Malaysia in 1957, which became Malaysia in 1963.
Since independence, the country has developed rapidly and is
aiming at first-world status by 2020.
The diverse cultural and racial groups comprising the Malaysian
nation are reminiscent of South Africa's cultural diversity.
In the field of Agriculture, the Malaysian Department of
Agriculture has introduced various types of projects and
activities to increase the income of Malaysian farmers. Group
farming projects and women's extension group projects are of great
importance here.
With respect to fishing, ventures in aquaculture are of particular
interest, with technical and extension services as well as
training programmes being made available by the State. The
services promote the development of a modern and efficient
industry with well-trained and skilled manpower.
The Department of Agriculture also introduced the idea of
incorporating tourism with small-scale agricultural activities.
This goes a long way to increasing the income of farmers.
The Malaysian Technical Co-operation Programme (MTCP) was launched
in 1980 to promote technical co-operation between Malaysia and
other developing countries. The programme organises technical co-
operation activities on a systematic and sustained basis.
The Committee set its objectives for the study tour as the
investigation of the above-mentioned important fields.
C. Procedure
The Malaysian government assisted the Committee in reaching its
objectives by drawing up a programme that included visits to the
sites of aquaculture, group farming ventures, women's extension
group projects and agro-tourism ventures.
Important briefings were also given on the Malaysian economy and
the Third National Agricultural Policy, which formed the backdrop
against which the various projects could be understood.
Information on the MTCP was also made available to the Committee.
The multi-party delegation consisted of Rev P Moatshe, Ms B N
Dlulane, Mr V V Z Windvoël, Mr A E van Niekerk and Mr R M Nyakane.
The Committee Secretary, Mr K Williams, was also present
throughout.
D. Findings
1. Briefing on Malaysian Economy (Development Philosophy and
Policy) - Putrajaya, 2 July 2002
Mr Adzmy Abdullah, a member of the Economic Planning Unit in
the Prime Minister's Department, conducted the briefing.
Although this was the second briefing received by the
delegation, it will be dealt with first as it contains many
key concepts that explain the Malaysian government's approach
to development.
(a) Development planning in Malaysia
Mr Abdullah pointed out that development planning in
Malaysia was based on a mixed economic system of free
enterprise with active government support and direction.
The government provides the broad thrusts and sets
direction for the whole economy, and ensures the
achievement of socio-economic goals. On the other hand,
the private sector is free to operate and is provided
with appropriate policy, institutional and
infrastructural support. What is aimed at is a system of
co-operation between the government and the private
sector towards the creation of a Malaysian company to
achieve progress and shared benefits.
Structural mechanisms to achieve the above included,
amongst others, the Malaysian Business Council, dialogues
with the private sector and the privatisation programme.
Needless to say, the development aims cannot be achieved
if the private sector is not patriotic and progressive.
Since independence in 1957, there have been a number of
major economic policies. The first period of significance
was from 1957 to 1970. This could be viewed as the pre-
New Economic Policy period. It was marked by a laissez
faire approach and was dominated by production for export
of mono-crops.
The New Economic Policy (NEP) was implemented from 1971
to 1990. It aimed at growth with equity between
Malaysia's racial groups and set the country on the path
to development. The major goal was national unity within
the context of an expanding economy. The major strategies
of this period were the reduction and ultimate
eradication of poverty among Malaysians, irrespective of
race or ethnic roots, and restructuring Malaysian society
to correct economic imbalances so as to eliminate the
identification of race with economic function.
Vision 2020 covers the entire period from 1991 to 2020,
and is aimed at the total development of Malaysian
society, with the aim of bringing the country on par with
developed nations.
The first half of Vision 2020 covers the years 1991 to
2000 and is called the National Development Policy (NDP).
In this period, balanced development between the urban
and rural sectors is stressed, with industrial production
beginning to overhaul agricultural production. The chief
goal of the period is a united and just society again,
within the context of an expanding economy. Major
strategies for the period are again poverty reduction and
eventual elimination together with the restructuring of
society.
In order to achieve balanced development, the NDP
encompasses the following critical aspects:
* Optimum balance between economic growth and equity
* Greater material welfare imbued with positive social
and spiritual values
* Balanced regional development for national
integration
* Balanced development of major sectors
* Human resource development
* Development and protection of the environment and
ecology.
The years 2001-10 are governed by the National Vision
Policy (NVP) that has the theme of building a resilient
and competitive nation. The overriding objective is
national unity with the aim of establishing a progressive
and prosperous Malaysian nation. The key strategies of
the NEP and the NDP (eradicating poverty and
restructuring society, as well as ensuring balanced
development) are maintained with new dimensions.
The overall strategy for Vision 2020 is total development
(i.e. economically, politically, socially, spiritually,
psychologically and culturally). The aim is to improve
the quality of life and standard of living to reach a
level enjoyed by other developed countries. To achieve
this, an annual average output growth of 7% with low
inflation is aimed at. Furthermore, there should be an
eight-fold increase in GDP and a four-fold increase in
per capita income.
(b) Agricultural development planning
The general objective here is the maximisation of income
through the optimisation of resources in the sector.
Although Agriculture's contribution to the economy as a
percentage of GDP dropped from 10,3% in 1995 to 8,8% in
2000, the agricultural sector as a whole grew by 1,2% per
annum from 1996 to 2000. Furthermore, it was expected
that the sector would grow by 2,9% per annum from 2001 to
2005. Therefore, despite the growth of the industrial
sector, agriculture's importance had not diminished.
The main thrust in agriculture from 2001 to 2005 is
transforming the sector to be modern, dynamic and
competitive, in line with the strategies of the Third
National Agricultural Policy (NAP3), particularly to
increase food production and to contribute to export
earnings.
In order to achieve these goals, the following strategies
have been outlined:
For agricultural industrial commodities
* Consolidating oil palm hectarage and establishing
Malaysian standards and brand
* Reorientating rubber cultivation through an
integrated planting system and the creation of rubber
forests
* Utilising natural resources on a sustainable basis
and promoting linkages with other activities such as
manufacturing, eco- and agro-tourism
For food production
* Expanding food production areas
* Intensifying aquaculture development
* Intensifying land use through integration
* Promoting cost- and labour-saving technologies, as
well as intensifying research and development and
downstream processing
For new sources of growth
* Developing speciality natural products, other non-
timber forest products, biotechnology products,
floriculture and ornamental fish as new sources of
growth
The sector could also be strengthened by
* Strengthening human resource development
* Strengthening support services and improving the
delivery mechanism
* Undertaking measures to increase accessibility of
credit as well as introducing insurance coverage and
services.
(c) Response to questions
In response to questions from the delegation, the
following points were raised:
* The government was able to implement its grandiose
plans by consulting with all stakeholders. People on
the street were encouraged to give their views,
either directly or through their representatives.
Furthermore, the government has a track record of
working for the good of the people, and political
stability has enabled people to work together for the
common good. National unity has been preserved
through the abolishing of economic "apartheid".
The private sector has been taken on board and their
comments and feedback is welcomed. Expropriation has
been made unnecessary through the growth of the
economic cake.
National consensus was achieved through the National
Consultative Council of 1990, which included all
political parties, trade unions, NGOs and the
chambers of commerce.
All of the country's mass media were used to
popularise the developmental programmes.
* A multi-dimensional strategy was used to correct the
imbalances between urban and rural areas. Education
was made accessible to all rural persons, and once
they were educated, they were guaranteed job
security. The rural landless were also resettled on
economically viable land and encouraged to grow
commercial crops for profit.
* The government and the private sector can work
together on a "win-win" basis because the private
sector works to achieve national objectives.
2. Briefing on Third National Agricultural Policy (1998-2010)
(NAP3) - Wisma Tani, 2 July 2002
Mr Foo of the Ministry of Agriculture conducted the briefing.
(a) Introduction
It was pointed out that NAP3 was a continuation of the
previous two national agricultural policies. Its main aim
was to maximise the use of the country's land resources.
The vision for agriculture under this policy is that it
should be an engine for growth, it should be competitive
in the world market and it should turn the country into a
prominent food producer.
(b) Policy direction
The aims of the third national policy would be achieved
by enhancing production and deepening linkages with other
sectors such as industry. Here it was anticipated that
agricultural products would be processed before export,
rather than having the raw product exported without
beneficiation.
New frontier areas would be ventured into and there would
be a conscious effort to conserve natural resources and
utilise them on a sustainable basis.
New features of the Third Policy would be the
encouragement of large-scale ventures that would benefit
from the economies of scale. Mechanisation would also be
encouraged to improve efficiency and to overcome the
labour shortage. To this end, farming that was technology-
based and knowledge-intensive would be stressed.
Private sector participation would be encouraged, but
support services in the fields of research and
development, marketing and financing would be provided by
the State. These would be strengthened.
The State would also undertake human resource development
in order to raise the skills levels of farmers and
agricultural workers.
Agro-Tourism would be expanded.
(c) Priority projects
Certain projects would be regarded as priorities on the
basis of certain criteria:
* They should be competitive and commercially viable
* They should reduce imports and increase exports
* They should provide food security
* They should be less vulnerable to severe price
changes
* They should attract private sector participation
* They should be less labour intensive
* They should be environmentally sustainable.
The priority products identified are all food products,
in line with the aim of achieving food security. In
addition to this, the production of exotic flowers and
ornamental fish is encouraged, as they are huge export
earners.
(d) Strategic thrusts
Large-scale farming with modern techniques is encouraged
to enhance productivity and efficiency.
Integrated, mixed farming activities are stressed in
order to make the most efficient use of land resources.
Food production is emphasised in the three sub-sectors of
food crops, fisheries and livestock production.
In line with the above, incentives in the form of tax
reductions are given to enterprises engaged in food
production.
Private sector participation is encouraged in order to
free up state funds for strengthening support services
and investing in other spheres such as education and
health.
The consultative and collaborative mechanism between the
public and private sector is further strengthened through
the establishment of a Private-Public Sector Co-
ordination Council.
The Business Development Centre assists with information
on investment opportunities and good business practices.
Regular investment seminars are held at which good
investment opportunities are identified.
The State further creates an enabling environment by
intensifying research and development, by providing
extension services, warehousing facilities and
distribution networks, and by providing finance and
information.
Agro-technology parks will be developed to promote high
technology agricultural production systems by the private
sector. Such production systems involve mechanised
operations, precision control of inputs and growing
environment, production of quality and high value
products such as fruits, vegetables, aquarium fish,
flowers, fishery and livestock products.
The transfer of technology is encouraged to ensure
automisation and mechanisation, production under
controlled environments, integrated pest management and
the quality of seeds and breeder stock.
Communication programmes would be launched, both
internally and externally, to promote Malaysian products
at home and abroad in order to limit imports and increase
exports.
(e) Response to questions
Questions posed by members of the delegation were
numerous and varied. Some of the most important responses
were the following:
* Upstream products are products in their crude form,
while the refined product is regarded as a downstream
product. Malaysia was aiming at the export of
downstream products which are less vulnerable to
price fluctuations.
* Government policy is to encourage large companies to
practice mixed farming by introducing cattle on the
palm-oil estates. So far, results have been
disappointing.
* At grass-roots level, the State provides extension
services by which farmers are trained in the use of
more sophisticated technology. This enables them to
be more productive and to graduate from subsistence
farmers to entrepreneurs.
On a higher level, some farmers are brought to training
institutes at the State's expense and they graduate as
fully-fledged agronomists.
* Agro-tourism initially started in the marine parks
that were developed for conservation and tourism. The
concept has, however, been extended to ordinary farms
where the tourist gains experience by living with the
indigenous family.
* Malaysia attempts to off-set the cost of importing
certain crops that it cannot grow by exporting more
of those crops that grow well in the country.
* Malaysia has about 85 000 fisher folk who are
granted one-year licences to fish. The government is
trying to reduce this number so that participants
will get a bigger slice of the cake and thereby
improve their income. More efficient catching methods
are also encouraged with this aim in mind.
A system of different zones for different categories of
fishers ensures that the smaller fishers do not have to
compete with the bigger companies in the same areas.
Enforcement teams check on zoning and curb poaching with
the help of the navy and air force. Misdemeanours could
result in the confiscation of the boats involved.
* The Agricultural Bank provides soft loans for food
production projects and to those farmers wishing to
expand their activities from a subsistence to a
commercial level.
Group farming is encouraged. The government provides
grants initially, but later credit is obtained on the
basis of the group's own resources. Group marketing
also occurs, and in this way farmers learn to
commercialise and become entrepreneurs.
* Malaysia aims at limiting price fluctuations for its
products, but this is very difficult and has not yet
been achieved. A positive measure, however, is the
limiting of intermediaries in the marketing chain.
Some of Malaysia's primary products are affected by
subsidies in the developed world. The only solution here
is to participate in negotiations aimed at the
eradication of these subsidies.
* Aquaculture is the answer to diminishing marine
resources, and is growing rapidly in Malaysia. It
must, however, be practised in a sustainable manner.
* Although Agriculture's share of GDP is decreasing,
the sector is still growing and is viewed as very
important, especially for the production of food.
* Malaysia has a good record of poverty alleviation,
and a high incidence of poverty has been reduced to
insignificant proportions. Projects and schemes for
people in rural areas have played a role here, as
have the attempts to curb inflation and keep the
price of essential items low and controlled. The
country is now concentrating on more efficient
production, which will ensure access to food at a
reasonable price.
3. Aquaculture in Malaysia
(a) Overview
Production from aquaculture is not very large in
Malaysia, due to the fact that the industry is relatively
young, having just started in the early 1930s with the
introduction of freshwater fish culture. Brackish water
culture came in later with the introduction of shrimp
farming, using trapping ponds in mangrove areas, and
cockle culture in mud flats in the late 1930s and 1940s,
respectively.
In the seventies came the culture of marine finfish in
floating net-cages and the culture of green mussels using
floating rafts.
In the eighties and nineties, the industry picked up
considerably, with great emphasis given to the sector by
the government. There was also involvement by
entrepreneurs and the corporate sector in large-scale
shrimp farming and freshwater fish culture on a more
intensive scale.
The aquarium fish industry also developed rapidly. In
recent years, interest in the culture of other aquatic
species such as freshwater turtle, frogs, crocodiles and
seaweed also emerged.
The aquaculture industry provides employment to some
18 143 people and numerous others engaged in related
activities such as harvesting, processing and marketing.
The bulk of employment generated is in rural and coastal
areas and this helps with provision of gainful employment
in those areas. It also provides an avenue for the
redeployment of fishermen from the over-capitalised
inshore fisheries, thus reducing the pressure on the
coastal fish stocks.
Aquaculture plays an important role in contributing
towards food supply and will play an increasingly
important role in the future to meet the increasing
demand for protein, both in the low-priced as well as the
high-priced categories.
Freshwater fish from aquaculture is especially important
in the rural hinterland areas where marine fish is
generally not available. Moreover, with the depletion of
the coastal fish stocks through over-exploitation, there
is a growing expectation of aquaculture playing an
increasingly dominant role in fish production.
The aquarium fish industry took off on a significant
scale only in the 1980s with the establishment of farms
especially in Johore, Perak, Selangor and Penang. Prior
to this, it was more of a backyard activity.
By 1992 there was a total of 336 farms engaged in the
production of ornamental fishes, natural or live feed,
pelleted feed, aquarium accessories and aquatic plants.
Malaysia has made considerable inroads in the production
of ornamental fish with a number of notable successes.
Under NAP3, aquaculture is designated to play an
important role to cater for the expanding local and
foreign markets, with development undertaken in
sustainable manner. In line with this, a perspective
development plan up to the year 2010 has been drawn up
for aquaculture.
The plan envisages the gradual increase in aquaculture
production from the current 80 000 tonnes to 200 000
tonnes by the year 2010. This represents an increase of
120 000 tonnes or a 150% increase over the period.
The aquarium fish industry is also targeted to accelerate
its development several-fold to 470 million fish.
A master plan detailing the various action programmes is
being drawn up to facilitate the smooth and orderly
development of the industry as planned.
The provision of fiscal and financial incentives is
deemed necessary to stimulate investment in the industry
by both local and foreign entrepreneurs.
(b) Visits to sites of aquaculture
* Fish Hatchery Project - Three Ocean Company
This is a private venture that has grown from a
family business to a lucrative enterprise employing
eight people, including the family.
Although the owner was non-committal about profits
obtained, the four vehicles on site did indicate that
sizeable profits were being made.
The owner, Mr See Kong King, claimed that he had
received training in breeding for one week in Taiwan.
There were about 50 tanks for the hatching of
catfish. These fish are sold for about 8RM when they
attain a weight of one kg. Fry are also sold when
they attain a length of approximately one inch.
Brood stock is also kept in nets in a big dam. They
are fed high protein feed to encourage them to spawn
and excess eggs are sold to other hatchers.
Freshwater shrimp are found in another of the dams on
the farm. These occur naturally and are used for
feed. The excess is again sold to other farms.
Ponds were formed in the holes left by tin mining
activities in former years.
Some ornamental fish are being produced and this is a
very lucrative activity. It is not the main focus of
the project, however.
The presence of ducks on the farm indicated a move to
integrated farming, in line with government policy.
At this stage, however, the ducks were merely
providing additional food for the family on the farm.
* Aquarium Farm Project - San Sui Tropical
This was also a private venture that had grown from a
family business into a lucrative enterprise. Its main
concern was the trade in ornamental fish.
Although some breeding was done on site, the concern
mainly buys in small ornamental fish, raises them,
and then sells them to a worldwide market that
includes the USA, Australia and Germany. Trade in
ornamental fish is a multi-million dollar industry
and is considered to be a most important growth
sector for aquaculture.
The site consists of a warehouse with about 100
oxygenated tanks containing approximately 100
varieties of ornamental fish. There are also about 50
ponds for larger fish that are not suited for the
tanks.
15 workers are employed and, although no figures were
discussed, they seem to make a good livelihood.
There was clearly a good relationship between the
owner and the government representative who
accompanied the delegation. State intervention,
however, is minimal and consists mainly of
popularising what is clearly a profitable private
venture.
The profitability of the venture was stressed by both
the owner and the government representative who
accompanied the delegation.
* Tiger Prawn Farm - Api Api Company
This was a large commercial venture with 120 ponds
covering approximately 200 acres.
About 100 workers are employed and an eight-hectare
pond can produce five tonnes of prawns in a four-
monthly cycle.
The prawns are mainly exported to the US and one kg
fetches 18 to 20RM (ex-farm). A kg consists of 30 to
35 pieces, depending on its size.
Ponds are oxygenated by means of paddles and with the
use of piping, which is an indigenous technology.
An on-site laboratory is used to check the water
parameters such as alkalinity, salinity and the PH
level.
Feed is imported from Thailand.
Motorcycles are used by workers to cover huge
distances on the site.
Government assistance is confined to training for the
transfer of technology.
(c) Conclusion
The world's fish production is in the region of 100
million tonnes, of which about 87% is from marine capture
fisheries and 13% from aquaculture.
However, production from marine capture fisheries has
peaked. At present there is overcapacity in this sector,
resulting in an unprofitable state of the industry. In
fact, it is estimated that the value of the catch landed
is even below the operating cost.
Against this scenario is the projected increase in demand
of 30 million tonnes by the turn of the century, due
largely to population growth from 5,5 billion to 6,5
billion. The increase is not likely to come from marine
capture fisheries, as this has reached a plateau.
This means that aquaculture will have to feature more
prominently in future.
4. Visit to Agrotechnology Park of Ulu Chuchuh, Sepang
(a) Introduction
An Agrotechnology Park was specially land-gazetted by the
government for agricultural activities, using the latest
technology.
The main objectives of the Agrotechnology Parks in
Selangor are:
* To develop intensive agricultural activities using
the latest technology
* To supply at least 30% of the fresh food required in
the central region of peninsular Malaysia
* To promote entrepreneurship skills in the
agricultural sector among the participants
* To promote the agrotechnology park as an agrotourism
attraction.
The Parks hope to achieve their objectives by adopting
the following strategies:
* The Government gazettes discrete land holdings of
100 hectares or more for agricultural use and
provides basic infrastructure facilities such as
roads, drains, water and electricity supply which are
suitable for intensive and highly technological
agricultural practices
* Both local and foreign investors who utilise the
latest agricultural technology are attracted to
participate in these projects on a long-term
leasehold basis
* Participants are assisted with agricultural
consultancy services, which include management
services.
The Selangor parks concentrate on the production of the
following high value commodities to meet local demand
(the exception is orchid production which is envisaged
chiefly for export markets):
* Horticultural crops which include vegetables and cut
flowers. Nurseries are developed with the production
of planting materials utilising tissue culture
* Short-term food crops such as maize, melons, tubers,
root crops and pumpkins (seasonal fruits such as
pineapples are grown in the agrotourism locations)
* Suitable livestock such as chickens and ducks.
Aquaculture is also practiced with the production of
fish fries and aquarium fish.
The production of foodstuff is in line with the
Government policy of working towards increasing national
food production.
(b) Basic information on Agrotechnology Park at Sepang
The Park is 100 hectare in extent. It is situated in the
region of Sepang, about 30 km from the new town of Salak
Tinggi. It was started in 1996. The soil is shallow peat,
which requires some improvement before it is suitable for
agricultural production.
The Park has been through three phases. Phase 1 ended in
2000 - it consisted of the development of 20 hectares of
land at a cost of RM100 000. Phase 2, which ended in
2001, saw the development of a further 20 hectares at the
cost of another RM100 000. Phase 3 is currently under
way, with an additional 30 hectares being developed at a
cost of RM100 000.
The project status as at January 2002 was:
* Total lots - 29 units
* Lot size per unit - two hectares
* Number of participants producing vegetables - 15
participants on 18 units
* Number of participants producing flowers - six
participants on seven units
* Vacant - four units.
Flower production has increased on an annual basis with
the number of plants increasing from 280 000 in 1998 to
434 693 in 2001. Productivity increased from 19 047
pots/hectare/year in 1998 to 33 437 pots/hectare/year in
2001.
Vegetable production also increased from 484 tonnes in
1998 to 910 tonnes in 2001. Productivity increased from
9,2 tonnes/hectare/year in 1998 to 18 tonnes/hectare/year
in 2001.
In both instances, increases could mainly be ascribed to
more efficient production methods.
The management of the park has identified the following
constraints on production:
* Mechanisation is still limited and not fully
optimised
* The peat soil found in the park is a "problem soil"
* Water quality and water management could be
improved.
Suggestions for the improvement of the park are:
* Infrastructure works should be done before the rainy
season
* More ponds should be built to increase the water
supply
* Hydrated lime should be used to improve the peat
soil
* Emphasis should be put on engaging small farmers and
agricultural entrepreneurs in production within the
park.
(c) Interaction with participants in Park
The delegation met an agricultural entrepreneur engaged
in orchid production. He said that his land was acquired
on a 21-year lease from the State and that he had
obtained financial assistance from the Agricultural Bank
in order to start production.
The State provided support in supplying infrastructure
and giving advice on management, but production was
largely dependent on the enterprise and endeavour of the
entrepreneur himself. Continued participation in the Park
depended on continuing constant production.
He provided employment for eight people, resulting in 28
mouths being fed in the surrounding rural area.
The enterprise was very lucrative, returning profits of
between RM3 milion and RM4 million annually.
(d) Agro-tourism - visit to Banghuris Homestay
The homestay project is part of the Park, and the
delegation was taken there to enjoy a traditional Malay
lunch.
Visitors to the project stay with the Malay family in
their traditional wooden house and experience their
traditional way of life. The exotic flavours of the meal
were a treat for the delegation.
The State promotes the venture by assisting with
advertising and marketing, as well as providing
managerial assistance.
There are 23 houses in the Sepang Park project, and
guests are divided amongst these in order to spread the
economic gain.
The Park's agricultural projects can be visited by guests
at an additional cost.
Although no figures were given, the delegation was
assured that staying at the project was highly
affordable.
(e) Visit to Women's Extension Group (WEG) engaged in food
processing
While still in the Park, the delegation visited the
Women's Extension Group engaged in food processing. Their
concept is an interesting Malaysian innovation that
manages to lighten the burden of rural women.
* Background
WEG units are groups of farmwomen formed at village
level. They serve as a platform through which the
services of the Department of Agriculture are
channelled to farmwomen. Through these units,
farmwomen have the opportunity to be involved in the
planning of programmes as well as in discussions on
suitable activities to be carried out for and by
them. The first unit was formed in Bukit Changgang,
Kuala Langat, Selangor in 1978.
* The objectives of the units are:
- To provide opportunities for farmwomen to be
involved in activity planning at village level
- To educate women about services and facilities
available to them
- To improve efficiency and management skills in
domestic and related fields through group
efforts
- To improve leadership skills for community
development.
Units are headed by management committees. Committee
members are village locals who are elected by the
members of the unit. The Department of Agriculture
acts as adviser, while committees plan activities for
members.
All women working on a farm or who are members of the
farm family, are eligible to become unit members.
The activities carried out by WEG units are
threefold:
- Economic activities such as food processing,
agriculture, crafts and services
- Activities which enhance the quality of life,
such as food and nutrition, beautification of
home surroundings and public areas in the
village, environmental cleanliness, vegetable
gardening and planting of non-seasonal fruit
trees around the home
- Community development activities, such as
social projects, for the development of the
individual, family and community.
By the end of 2001, there were 1 324 units with 33
121 members all over Peninsular Malaysia. There were
about 2 344 income-generating projects, made up
mainly of food processing projects.
The Department of Agriculture has personnel, at
federal, state and area level, who help develop
advisory services that are channelled through
demonstrations, farm and house visits and unit
meetings.
Competitions are periodically held to select the best
WEG groups. Prizes take the form of inputs or
processing equipment that will further enhance the
profitability of farm projects.
The total turnover for these projects was RM81
million in 2001.
* Visit to WEG food processing group in Agrotechnology
Park, Sepang
The group was formed by women from the surrounding
villages who had come together for the purposes of
processing snacks such as biscuits.
The delegation found a thriving small enterprise
consisting of about 15 participants who were housed
in one large room.
When starting out, the group had pooled their
resources and were provided with equipment and a
grant for the building by the Department of
Agriculture.
Profit, which comes largely from bulk sales to
supermarkets, is divided amongst the members of the
group.
The Department of Agriculture interacts with the
management committee in an advisory capacity,
although the State also provides some equipment and
training as well as assistance in marketing the
product.
The group succeeds because of the hard work of its
participants, the skilful entrepreneurial activities
of the management group and the democratic nature of
its organisation.
5. Visit to State of Malacca
The visit to the State of Malacca started with another
briefing on agriculture by the Department of Agriculture of
that state. Most of the points raised had previously been
raised in earlier briefings that the delegation had received.
The briefing was followed by another visit to a WEG group
engaged in the production of snacks. This too was similar to
the previous meeting with such a group in Sepang.
(a) Group farming in Malaysia
The visit to Malacca was supposed to illustrate group
farming in Malaysia. Unfortunately, as will be explained
later, this goal was not achieved. However, the principle
of group farming in Malaysia, and the extension services
that go along with it, are important and need to be
discussed.
* Group Farming Extension Services
The Department of Agriculture in Malaysia has
implemented extension services based on farmers'
group projects since 1984. The concept is aimed at
elevating farm production, utilising optimum farm
resources by grouping the farms physically and
incorporating farming activities through the process
of technology transfer and farm management within the
group.
To this end, the Department devised a quality system
for extension services to ensure that it will provide
quality services that will include, among others, the
preparation of project business plans. It will also
ensure that the implementation of agricultural
activities and farm operations are in accordance with
the working manual for extension.
Through direct supervision and strict monitoring,
this system will initiate farmers to practice farm
management and adopt it as a culture in producing
quality products and attaining crop potential yield.
By employing this system, the Department hopes to
provide effective and efficient extension services to
farmers in transforming current activities towards a
more feasible and profitable agricultural industry.
The objectives of the quality system are:
- To implement at least 80% of the extension
activities planned at state level for that
particular year
- To increase the income of group farming
participants through optimal use of land in
order to achieve at least 70% of the targeted
net income for the year based on the business
plan
- To achieve at least 70% of the total potential
yield for the cultivated crop for the year as in
the business plan
- To achieve at least 70% of the yearly target of
establishing new farm groups.
By the end of 2001, 660 farming groups under this
system had shown a dramatic increase in productivity.
(b) Visit to Group Farming Mango Project
In order to illustrate the above principles at work, the
delegation was taken to a mango group-farming project in
Malacca. Unfortunately, although much high quality fruit
was clearly being produced and the farmers were assured
of a good income, only two of the original six
participants remained in the group. Reasons for the four
having left were not clearly specified, although it was
mentioned that some of them were old.
1,6 hectares are under cultivation, and it produces eight
tonnes of fruit per season. Initial subsidisation had
come from the state but now the project is entirely self-
financing.
The farmers have clearly benefitted from the extension
services of the state and they have also been assisted
with management skills. Unfortunately, they had to leave
for prayers before the delegation could delve more deeply
into these matters.
6. Malaysian Technical Co-operation Programme (MTCP)
One of the objectives of the study tour was for the delegation
to obtain information on the Malaysian Technical Co-operation
Programme. The following points were raised at a briefing in
Putrajaya on 2 July 2002:
(a) MTCP was launched in 1980 with following objectives
* To share development experience with other
developing countries
* To strengthen bilateral relationships between
Malaysia and other developing countries
* To promote South-South co-operation
* To promote technical co-operation among developing
countries
The motivating philosophy behind the MTCP is based on the
belief that human resource development is a vital
catalyst for countries to achieve sustainable economic
and social development.
(b) Type of assistance offered includes:
* Training - short and long courses
* Study visits
* Attachments
* Advisory services (dispatch of experts)
* Project-type co-operation.
Experts in the following fields could be dispatched:
Teaching, investment, public administration, development
administration, economic planning, central banking,
integrated agriculture development, law, energy experts,
micro-credit experts, poverty eradication experts, gas
experts.
Projects have been undertaken in the fields of housing,
research and development in rubber technology,
infrastructure development, clinics, resettlement of
Bosnian refugees.
The following equipment has been made available:
Office equipment, water pumps, transport equipment,
emergency supplies (on a very selective basis).
(c) There are 131 participating countries, grouped into nine
regions
* ASEAN
* Other SEA and Asia
* Arab States
* Pacific Islands
* North Africa and West Asian States
* Africa and the CIS
* East and Central Europe
* South America
* Caribbean
(d) Funding modalities include:
* Full funding by the Malaysian Government
* Full funding by the recipient country
* Third party funding (e.g. UNDP)
* Cost-sharing between Malaysia, the recipient and a
third party.
(e) Future directions envisaged for organisation
* Continued expansion of technical co-operation in
terms of expansion of new programmes and activities
designed to cater for special needs/priorities of
participating countries, and strengthening its
planning, co-ordination and implementation machinery
through consultations and joint co-operation with
participating countries
* Continuing emphasis on Human Resource Development
* Encouraging greater private sector participation in
the fields of training, feasibility studies, experts
and projects
* Co-operating with donor countries and organisations
for more third-party funding
* Reciprocating technical expertise by participating
countries to Malaysia.
E. Conclusions
1. Malaysia is a progressive developing country with huge dreams
for the future. South Africa has much to learn from Malaysia,
especially in the fields of economic planning, strategies for
development and the unlocking of the entrepreneurial spirit of
its people.
2. There is much room for co-operation between South Africa and
Malaysia in the technical field, especially with respect to
aquaculture.
3. The objectives of the study tour were achieved and the time in
Malaysia was well spent.
F. Recommendations
The Committee recommends the following as a result of lessons
learnt on the study tour to Malaysia:
1. South Africa should consider drawing up a widely consulted
development plan along the lines of Malaysia's Vision 2020.
Such an overall development plan for the economy could be
supplemented by other plans for development in the most
significant developmental sectors such as Agriculture and
Trade and Industry.
2. The Department of Agriculture should investigate the
possibility of setting up Agro-Technology Parks, which could
become centres in which the entrepreneurial spirit of small
farmers are developed with a view to them becoming commercial
farmers. The Parks would also be sites where assistance could
be channelled to emerging farmers on a more systematic basis.
3. The Department of Agriculture should adopt the strategy of
encouraging group farming to ensure the pooling of resources
by emerging farmers. This will also enable them to benefit
from the economies of scale, which will smooth their
transition to commercial farmers. Technical assistance in the
fields of management and marketing could also be supplied to
them more efficiently.
4. South Africa could emulate the Malaysian model in the formation
of women's groups. This will enable especially rural women to
engage in economic activities, thereby increasing the income
of rural families.
5. The Malaysian model of Agro-Tourism should be further examined
with a view to implementing a similar model, which would
improve the income of the rural population.
6. The development of Aquaculture should be seriously looked at
with a view to solving the problem of our diminishing marine
resources, which results in so many of our fisher folk being
left without fishing rights. Fish from this source would also
be a cheap supplementary source of protein to bolster our food
stocks.
7. South Africa should take advantage of the assistance offered by
the Malaysian Technical Co-operation Programme in the field of
human resource development. Concrete steps should be taken to
ensure that experts are trained, especially in the field of
Aquaculture.
G. Acknowledgements
The Committee heartily thanks those members of the South African
High Commission in Malaysia and officials of the Malaysian
Government who worked so hard to make this study tour a meaningful
learning experience.
APPENDIX
Although it was not part of the original programme, the delegation
paid a visit to the Malaysian Parliament on 4 July 2002 to obtain
insight into this institution and the Malaysian parliamentary
system. They learnt the following:
Malaysia practices Parliamentary Democracy with a Constitutional
Monarch. The Parliamentary Democratic System comprises three main
branches - legislative, executive and judiciary.
His Majesty the Yang di-Pertuan Agong is the Supreme Head of
State. He is elected by the Conference of Rulers and holds office
for five years. He does not, however, preside over the two Houses
of Parliament, but addresses both Houses as and when necessary. By
convention, this is only done at the beginning of each annual
parliamentary session.
The Senate (Dewan Negara) comprises of 69 members, of whom two are
elected by each of the 13 State Legislative Assemblies and 43 are
appointed by the Yang di-Pertuan Agong on grounds of their
experience and wisdom, or to represent racial minorities,
professional, commercial and other groups. A full term of office
for a senator is three years and could be extended for two terms.
The Senate is not affected by the dissolution of Parliament.
The House of Representatives (Dewan Rakyat) has 193 members, each
representing one constituency. Elections are held every five
years. The number of members of the Barisan Nasional Component
Parties is 148. The opposition parties consist of 45 members.
The functions of Parliament are:
* To pass laws
* To amend existing laws
* To examine government policies
* To approves government expenditure/spending
* To approve new taxes.
At the beginning of each year, the Yang di-Pertuan Agong outlines
national progress and future development policies.
The Malaysian Parliament does not have a committee system similar
to the South African system.
Report to be considered.