FRIDAY, 20 SEPTEMBER 2002 __

          PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
                                ____

The Council met at 09:30.

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

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.

                     HONOURING FANUS RAUTENBACH

                         (Draft Resolution)

Mr A E VAN NIEKERK: Voorsitter, ek stel sonder kennisgewing voor:

Dat die Raad -

(1) kennis neem - (a) daarvan dat Fanus Rautenbach op 23 September 2002 ‘n toekenning vir sy unieke bydrae tot die uitbouing van die Afrikaanse taal ontvang van FELAG (Forum vir Erkenning van Lewende Afrikaanssprekende Geeste) tydens ‘n glansgeleentheid in Pretoria;

   (b)  dat hy ook later  vanjaar  op  23  November  2002  'n  LAUREAAT-
       toekenning van sy alma mater,  die  Universiteit  van  Pretoria,
       ontvang vir sy besondere bydrae tot die Afrikaanse radiowese oor
       die afgelope 40 jaar;


   (c)  dat hy in sy twintigerjare by die destydse SAUK  aangesluit  het
       as omroeper verantwoordelik vir die uiters gewilde ontbytprogram
       Flink Uit Die Vere, wat met die hoogste luistertalle  ooit  spog
       en ook 'n gewilde middagprogram Vra vir Fanus gehanteer het;


   (d)  dat hy later by die streeksradio Jakaranda aangesluit  het  waar
       hy die vroegoggendprogram Oepse-Daisy gehanteer het;
   (e)   dat  hy   ook   gehelp   het   met   die   loodsing   van   die
       streekradiostasies Oos-Rand Stereo en Suid-Kaap Stereo  waar  hy
       weer eens reuseluistertalle en advertensiewaarde vir die stasies
       trek;


   (f)  dat hy ook verskeie radiovervolgverhale en  -dramas  geskryf  en
       geregisseer het waarvan die skepping van die held  Staal  Burger
       die bekendste was;


   (g)  dat saam met Leon Schuster hy ook  die  humorprogram  Koukus  op
       Radio Suid-Afrika geskep het;


   (h)   dat  hy  vir  sy  hoorbeeld  oor  die   Down-sindroom   kinders
       Hemelkinders, 'n Artes-toekenning ontvang het;


   (i)  dat hy rubrieke vir die Transvaler, Beeld, Rapport en Die Burger
       asook vele humorboeke geskryf het;


   (j)  dat hy hierin deur sy skrywer-omroeper vrou,  Douwlina  Grobler,
       sterk ondersteun word; en
   (k)  dat hy oor die jare ook spesiale toekennings van die FAK en ATKV
       ontvang het vir sy taal- en radiobydraes; en

(2) die Afrikaanse gemeenskap, humor en Fanus Rautenbach ‘n lang lewe toewens. (Translation of Afrikaans notice of motion follows)

[Mr A E VAN NIEKERK: Chairperson, I move without notice:

That the Council -

(1) notes that -

   (a)  on 23 September 2002 Fanus Rautenbach will receive an award from
       FELAG  (Forum  vir  Erkenning  van  Lewende   Afrikaanssprekende
       Geeste) for his unique contribution  to  the  promotion  of  the
       Afrikaans language at a glamorous event in Pretoria;


   (b)  later this year, on 23 November,  he  will  receive  a  laureate
       award from his alma mater, the University of Pretoria,  for  his
       exceptional contribution to Afrikaans  radio  broadcasting  over
       the past 40 years;


   (c)  he,in his twenties, joined the former SABC  where,  as  a  radio
       announcer, he was responsible for  the  very  popular  breakfast
       programme Flink Uit Die Vere, which boasts the highest number of
       listeners ever, and  he  was  also  in  charge  of  the  popular
       afternoon programme Vra Vir Fanus;


   (d)  he later joined the regional Jakaranda radio station,  where  he
       hosted the early morning programme Oepse-Daisy;


   (e)  he also assisted with launching the regional radio stations Oos-
       Rand Stereo and Suid-Kaap Stereo where he once  again  attracted
       large numbers of listeners and massive promotional value for the
       stations;


   (f)  he also wrote and directed various radio serials and dramas,  of
       which the creation of the hero Staal Burger was the  most  well-
       known;


   (g)   together  with  Leon  Schuster,  he  also  created  the  comedy
       programme Koukus on Radio Suid-Afrika;


   (h)  he received an Artes award for his feature programme  on  Down's
       syndrome children Hemelkinders;


   (i)  he wrote columns for Die  Transvaler,  Beeld,  Rapport  and  Die
       Burger as well as many humorous books;
   (j)  in this he was  strongly  supported  by  his  writer-broadcaster
       wife, Douwlina Grobler; and


   (k)  throughout the years he also received special  awards  from  the
       FAK and the ATKV for his language and radio contributions; and

(2) wishes the Afrikaans community, humour and Fanus Rautenbach a long life!]

Motion agreed to in accordance with section 65 of the Constitution.

                      AGRICULTURE AND THE MEDIA
                         (Draft Resolution)

Dr E A CONROY: Voorsitter, ek stel sonder kennisgewing voor:

Dat die Raad -

(1) kennis neem van die stellings, soos gerapporteer in die Landbouweekblad van 20 September 2002, deur Mary Metcalfe, Gautengse LUK vir Landbou, Bewaring, Omgewing en Grondsake dat van die beste arbeidspraktyke in die landbou aangetref word, hoewel daar steeds ‘n siening is dat dit nie die geval is nie - hierdie ongunstige houding moet verander word;

(2) ook daarvan kennis neem dat die persepsie bestaan dat die media enkele voorvalle uitsonder en wanindrukke skep waardeur boere gestereotipeer word;

(3) van mening is dat dit die landbou sal bevoordeel om meer simpatiek te wees teenoor kwessies soos vakbonde waardeur mense bemagtig kan word;

(4) groot waardering vir die landbou in Gauteng het en vir die goeie verhouding wat tussen die LUR se departement en Agri-Gauteng heers en graag wil sien dat dié verhouding verder versterk word aangesien dié sektor se betrokkenheid by beplanning rondom stedelike gebiede noodsaaklik is; en

(5) van mening is dat die landbou ‘n spesifieke rol te speel het in die enorme uitdaging wat stedelike indringing in landbougebiede meebring. (Translation of Afrikaans notice of motion follows.)

[Dr E A CONROY: Chairperson, I move without notice:

That the Council -

(1) notes the statements, as reported in the Landbouweekblad dated 20 September 2002, by Ms Mary Metcalfe, Gauteng’s MEC for Agriculture, Conservation, Environmental and Land Affairs, that some of the best labour practices can be found in agriculture, although there is still a perception that this is not the case - this unfavourable attitude should change; (2) also notes that the perception exists that the media isolates certain incidents and thus creates erroneous impressions through which farmers are stereotyped;

(3) is of the opinion that it would benefit agriculture to be more sympathetic towards matters such as trade unions through which people could be empowered;

(4) has great appreciation for agriculture in Gauteng and for the good relationship that exists between the MEC’s department and Agri- Gauteng and would like to see this relationship strengthened further as this sector’s involvement in planning around urban areas is essential; and

(5) is of the opinion that agriculture has a specific role to play in the enormous challenge posed by urban encroachment on agricultural areas.]

Motion agreed to in accordance with section 65 of the Constitution.

                     INTERNATIONAL DAY OF PEACE

                         (Draft Resolution)

Rev M CHABAKU: Chairperson, I move without notice:

That the Council -

(1) recognises that Saturday, 21 September 2002, is set aside as the International Day of Peace;

(2) notes that all over the world countries without peace are fertile grounds for fights, violence and mass destruction of life and property;

(3) condemns the recent events of a coup d’état of the Government of the Côte d’Ivoire - we should stop the outdated notion that the gun and killings solve problems; and

(4) therefore appeals to all its honourable members to pray for peace, to plant seeds of peace in their hearts and sincerely spread peace locally and globally.

The World seeks peace! Motion agreed to in accordance with section 65 of the Constitution.

                  ESCAPE FROM CAPE HIGH COURT CELLS

                         (Draft Resolution)

Kgoshi M L MOKOENA: Chairperson, I move without notice:

That the Council -

(1) notes with shock and disbelief the escape by 3 prisoners from the holding cells in the Cape High Court yesterday;

(2) further notes that the same thing happened last year, whereby one of the 3 prisoners escaped from the same holding cells;

(3) calls upon the Provincial Commissioner to thoroughly investigate and identify those unwanted elements in our police force who might have assisted these prisoners to escape; (4) welcomes the announcement by the MEC for Safety and Security in the Western Cape that the police officers who were on duty in the High Court will be replaced by other officers; and

(5) reaffirms our commitment to root out corrupt officials in our system.

Motion agreed to in accordance with section 65 of the Constitution.

CELEBRATING OUR HERITAGE, WITH REFERENCE TO THE REGIONAL DIMENSTON, TO INFORM OUR NATIONAL AND AFRICAN IDENTITY

                      (Subject for Discussion)

The CHIEF WHIP OF THE COUNCIL: Madam Chairperson, it is a distinctive privilege and honour to be standing here today in a country that can celebrate a heritage which is somewhat unique, distinctive, interesting and complex.

In doing so, it is important that we understand that South Africa, in terms of its heritage, has been empirically and scientifically referred to as the cradle of humankind, with a history that pre-dates 3,5 million years, and that the site at which the fossils of humankind were found has been declared a World Heritage Site.

It is also interesting that the oldest remains of modern humans were found in Klasies River in the Eastern Cape; quite unique, quite distinctive and quite interesting. The adage or expression of “Women and children first” is derived from South Africa and a place called Hermanus, where a shipwreck took place. It is also interesting that South Africa is the first country to celebrate its living heritage through the communication of our oral history as it occurs in Dukuza, formerly known as Stanger in KwaZulu-Natal.

Given this prehistory and this heritage that we have, it is important to note that not very far from here is a place known as Robben Island, a place where people who held different views from those of the authorities, slaves who rebelled against their masters who sought to infringe or violate their dignity, and political prisoners or political persons who sought to affirm the dignity and the struggle for freedom and equality were incarcerated. It was a place not far from the precincts of this Parliament which was not accessible to the people of this nation, of Southern Africa and of the world. It is a paradox and a wonderful irony that today that site is a World Heritage Site.

It is also an expression and a symbol of the fortitude, the courage, the resilience, the generosity and the magnanimity of those individuals who were unlawfully, wrongfully, immorally incarcerated for the convictions which were consistent in achieving a humane society and a humanity that is equal, committed to freedom and to the affirmation of the dignity of each and every human being.

In this context that I deem my presence here today and the opportunity and privilege to lead this debate as quite a wonderful and extraordinary opportunity because I, as other members in this Chamber, represent a very significant and important moment in our history; a history which in political terms comes from despair arising from political and economic subjugation, and social repression to a history of hope and reconciliation, one that is committed to the achievement of equality.

In this Chamber there are members who have been part and parcel of achieving a wonderful instrument called the Constitution, which is the birth certificate and this birth right of our nation; a constitution that is generally accepted as the most advanced and forward-looking document on which the ethos of a nation and its struggles is reflected. It is a wonderful moment in our history. It is a wonderful moment in our history to be sitting here, to say that we are proud citizens, we have a heritage of having the world descend on our soil, to share with us our experience and our vision to our commitment to nonracialism. It is an epoch of hope.

It is a wonderful moment when we think that the world again not very long ago had descended on us in great numbers, large numbers, reflecting on the commitment to sustainable development. We must note the contribution of members of this Chamber and particularly the Chairperson, who has in that very conference presented a document about of the need for the eradication of poverty in the context of world sustainable development.

Many times we tend to forget how fortunate and lucky we are. This is a moment in our history that very few other people would enjoy. Therefore we have a particular commitment, given the fact that the world recognises the particular pioneering role that South Africans can play in the achievement of equality, in the eradication of racialism, in the affirmation of gender equality, that as public representatives we have to move our country forward.

Our esteemed President Comrade Thabo Mbeki had the following to say:

We must work to rediscover and claim the African heritage for the benefit especially of our young generations. From South Africa to Ethiopia lie strewn ancient fossils which in the stillness speak still of the African origins of all humanity. Recorded history and material things the time left behind also speak of Africa’s historic contribution to the universe of philosophy, the natural sciences, human settlement, and organisation and the creative arts. Being certain and not always were we the children of the abyss, we will do what we have to do to achieve our own renaissance. We trust that we will not only better our own condition as a people, but will also make a contribution, however small, to the success of Africa’s Renaissance, towards the identification of the century ahead of us as the African Century.

It is in this context that the topic of the debate was chosen. A debate which speaks about celebrating our heritage from a region of perspective to inform our national and our African identity.

The hon Deputy President has said:

Today Africa is recognised as the cradle of humankind. In our part of the continent we have a rich and varied past that is only now appreciated for its complexity and its diversity. Indeed, our heritage is the foundation from which we are working to rebuild our society.

It is this recognition of our diversity, complexity and richness that should inspire us to reconcile, to reconstruct and to rebuild, and take each other’s hands and say together as a nation, however diverse, however different, we will march forward collectively with one vision of improving the quality of the lives of our people.

The President has also alluded to the fact that when we speak about freedom in the context of celebrating our heritage we should not do so in a narrow or political sense only. Our freedom should be given expression through the liberation of our people, who have suffered through socio-economic bondage for many generations. It is important that we do so. We must be able to liberate our minds and, more importantly, we must be able to liberate and free our souls. In that sense can we only then say that we are completely free.

When we talk about the Freedom Park that is being planned and designed, it would then be a record of the history of our people, but also the responsibility of all South Africans to ensure that we consistently promote, support and fulfil the vision of a nonracial, nonsexist South Africa; a vision that was enshrined in the Freedom Charter in 1955, a vision that takes on board not only the struggles of a certain section of our community, but the struggles of our people as a collective. It is important to recognise this particular important contribution that we can make as a nation.

Heritage cannot have any provincial or national boundaries. It is for this reason that South Africa has gone into various co-operative arrangements. For example, there is the Maluti-Drakensberg Transfrontier Conservation Area. The Drakensberg’s huge, imposing mountain range, where men and women are somewhat small and diminutive is also not only a heritage of our environment, but a heritage of cultures, of people that live in the valleys of the Drakensberg. It straddles the provinces of KwaZulu-Natal and the Free State. It goes beyond our national borders to Lesotho. It says to our people and our nation that here is an opportunity where we can celebrate not only our environmental heritage, but also our cultural heritage.

Here we have an opportunity to ensure that we can give expression to the freedom that our President spoke about, not only our political freedom, but our freedom from social and economic bondage. We can only do so if we recognise ourselves that, in celebrating this heritage of ours, we do so with the common view that the affirmation of our dignity means the change in the quality of our lives so that we can enjoy our freedom and thereby affirm our dignity even more.

There are other examples not far from where I live. There is also an arrangement in terms of a transfrontier conservation park called the Kgalagadi Transfrontier Park, which involves Botswana and South Africa. There are historical linkages between the Setswana-speaking people who reside in the North West province and other provinces of course, and the people in Botswana. Not far from where I live we have a place that was formerly known as Pilanestad or Saulspoort, where the tribe still has as its paramount chief, Paramount Chief Lincwe, who is from Botswana.

These linkages cannot be wished away or eradicated and we recognise that notwithstanding our national boundaries there are linguistic, tribal, and historical associations that we must respect. As we celebrate our heritage, we should not do so in a narrow or parochial sense, but we should do so in a collective and diverse sense in order that we could affirm our unity.

This country has a particular responsibility in terms of ensuring that when we look and examine our past, we do so for the collective benefit of humankind. We do not do so for a specific benefit.

The CHAIRPERSON OF THE NCOP: Order!

The CHIEF WHIP OF THE COUNCIL: Madam Chairperson, I am sorry I have spoken too much, but thank you for the latitude that you have given me. [Applause.]

The CHAIPERSON OF THE NCOP: Order! Now, Chief Whip, you have put me in trouble. You have revealed that I gave you latitude. [Laughter.] There will not be a similar undertaking for the hon Van Niekerk. [Laughter.] Hon member, the clock is ticking.

Mr A E VAN NIEKERK: Chairperson, I am sorry that the clock is ticking. I do not know why that hon member should have preference, just because he is the Chief Whip. [Laughter.]

Our former President, the international icon Nelson Mandela, said during the opening ceremony of the Robben Island Museum on 24 September 1997:

May this monument and the museum strengthen our resolve that never again shall this land see the oppression of one by another, nor the suppression of any community’s heritage.

This coincides with the assurance President Mbeki gave in the Other Place yesterday, when he said that minority rights would be part of the peer review of the African Union.

Although South Africans have diverse cultures, elements of national unity, nation-building, reconciliation and national patriotism should be emphasised. The ideal is to preserve, exhibit and promote our diverse but connected values and cultures.

We should all be encouraged, after this debate and after the celebrations on 24 September, to embrace South Africa’s common heritage. The three primary national symbols, the anthem, flag and coat of arms, represent our new democracy. Key values underpinning these new symbols are reconciliation, unity in diversity and nation-building. This is surely the reason why the national symbols are the theme of Heritage Day for the second time, which I only found out yesterday.

But we must also be frank on this day and because of this the question then arises regarding our parliamentary symbols. When are we going to finalise this long overdue process and when will we see the new ones reflected behind the Chair? During colonial and apartheid times our museums and monuments in each of our provinces excluded the majority of citizens. Now community consultation, effective use of limited resources and accessibility are guidelines to redress these imbalances. Again, when taking this into consideration, it is absolutely inexcusable that we in Parliament are still, after eight years, struggling to finalise the policy of Parliament as to how to deal with and exhibit our national heritage, such as the artworks and furniture of Parliament.

It is also important that money should be found to fund the long overdue Mandela statue at the buildings of Parliament. We owe it to Madiba, to South Africa and to the world. We must start adding to our heritage instead of withholding from it or destroying it.

Gedurende die Erfenisdagviering van 2000 het die klem op veeltaligheid geval. Dit was ‘n poging om Suid-Afrikaners te verenig, om trots te wees op elkeen se taal en kultuur en om die reg uit te oefen wat die Grondwet elkeen bied om die amptelike taal van sy keuse te gebruik, om bemagtig te word en respek vir mekaar se tale en kulture te hê. Dit was ook die soeke na onderlinge begrip vir die verskille. Dit maak ons werklik vry in Suid- Afrika.

Ongelukkig is dit nog net die Weskaapse Wetgewer wat ‘n provinsiale taalbeleid het, maar die Nuwe NP het nou in elke provinsie ‘n voorstel vir ‘n taalwet wat ter tafel gelê word. In die Wes-Kaap het ons reeds die steun van die Minister van Plaaslike regering om ‘n veeltaligheidsbeleid in elke munisipaliteit te vestig.

Die Parlement gaan binnekort ‘n veeltaligheidskonferensie aanbied. Ons beplan nou al vir twee jaar daarvoor. Dit is spesiaal vir parlementariërs, want veeltaligheid moet as ‘n bemagtigende instrument gesien word en nie as ‘n luukse nie. Dit begin hier by elkeen van ons en hierdie Raad is ‘n voorbeeld wat nagestreef kan word.

Suid-Afrika moét nou ‘n nasionale talebeleid en -wet kry. Ons het nou genoeg beloftes en genoeg verwarring gehad en genoeg klem op Engels is gepleeg. Dit moet nou end kry. Die inheemse tale van Suid-Afrika het genoeg onder die Engelse hegemonie gely. Die afskeep van Afrikaans en die ander inheemse tale op alle gebiede, wat die SABC, universiteite, wetgewers en die Parlement insluit, is onaanvaarbaar. Dit het tyd geword dat ons hande vat en die saak reggestel kry. Tsonga, Venda, Tswana, Zulu, Afrikaans, Xhosa, Ndebele, Sotho en Pedi het net so ‘n reg op goeie behandeling in Suid-Afrika as Engels. Ons moet elkeen sonder verskoning hierdie reg opeis. Dit is ons grondwetlike reg. (Translation of Afrikaans paragraphs follows.)

[During the Heritage Day celebrations of 2000 the emphasis was on multilingualism. It was an attempt at uniting South Africans, to be proud of each one’s language and culture and to exercise the right that the Constitution affords everyone to use the official language of their choice, to be empowered and to have respect for one another’s languages and cultures. It was also the quest for mutual understanding of these differences. This really frees us in South Africa.

Unfortunately it is only the Western Cape legislature that has a provincial policy, but the New NP has now tabled a proposal for a language Act for every province. We, in the Western Cape have the support of the Minister of local government to introduce a policy of multilingualism to each municipality.

Parliament will shortly present a conference on multilingualism. We have been planning this for two years now. It is specifically for parliamentarians, because multilingualism must be seen as an empowering instrument and not as a luxury. It starts here with each one of us and this Council is an example that can be emulated.

South Africa must now acquire a national language policy and Act. We have had enough promises, enough confusion and enough emphasis that was placed on English. It must end now. The indigenous languages have suffered enough under the hegemony of English. The neglect of Afrikaans and the other indigenous languages in every area, which includes the SABC, universities, legislatures and Parliament, is unacceptable. The time has come for us to join hands to rectify this matter. Tsonga, Venda, Tswana, Zulu, Afrikaans, Xhosa, Ndebele, Sotho and Pedi have the same right as English to be treated well in South Africa. Everyone of us must, without any apologies, claim this right. It is our constitutional right.]

Martin Luther King said: Peace is not only the absence of war ...''. In conclusion, I want to add … it is the freedom to celebrate our individual heritage in our diversity’’. [Applause.]

Mnr R J KING: Voorsitter, u moet maar verskoon as ons Wes-Kapenaars op hierdie Erfenisdag vanjaar ekstra spoggerig is - dit is immers die 350ste verjaardag van ons Moederstad, die mooie, skone Kaapstad.

Erfenisdag is sekerlik dié dag waarop ons met groot dankbaarheid bestekopname maak van dit waarvoor ons lief is, en is ons nie ryklik geseënd nie.

Enigeen van die agb lede in hierdie Huis wat al die wêreld getoer het, sal weet dat daar oral ongelooflike monumente staan. Dit is bewyse van glorieryke skeppings van die mens en sy vermoëns: Teaters, katedrale, museums, paleise, stadions en amfiteaters vir honderde duisende, en stadspleine vir miljoene - menslike skeppings wat bekend staan as wonderwerke, piramides, hangende tuine en oorhellende torings.

Ons in die Wes-Kaap het soveel om te bied, maar so anders. Ons is ryklik geseënd en bedeeld met die Goddelike skepping.

Ek het as ‘n jong man in 1970 pas in Kaapstad begin werk toe my hoofkantoor my opdrag gegee het om ‘n Amerikaanse aardrykskundige na die Du Toitskloofberge te neem. Ek het nie geweet waaroor die opdrag gaan nie. Ek het maar my plig gedoen. Toe ons daar kom, het ons elke half kilometer gestop, dan het die oubaas uitgeklim en die berge rondom so bekyk. Aan die einde het hy vir my gesê: ``You know, Mr King, this is the 77th country that I visit in the world to observe their mountains. This is now the seventh time that I came back to South Africa to come and look at the Du Toitskloof Mountains - the most beautiful mountain range in the world.’’

Dit het ‘n Amerikaner gevat om vir my te wys die berge waar ek elke dag deur die klowe ry, is die mooiste berge in die wêreld. Tot my skaamte het ek nog elke dag weer aan daardie gesprek gedink as ek deur die pas ry.

My kollega en ek het eenkeer deur Engeland getoer en in ‘n dorpie noord van Londen het ons in ons kenmerkende Springbokondersteuners se klere geloop en twee ou dames raakgeloop. Toe hulle Suid-Afrika sien, toe sê die een dame:Have you ever been to Hermanus?'' Ons sê toe ons ken Hermanus. Sy sê toe:The most beautiful little seaside town in the world.’’ Dit is wat ander mense van ons land dink.

Ons het so baie ontvang en so baie om voor dankbaar te wees en met ons hele wese te bewaar en te vertroetel. Die geskiedenis sal ons nooit vergewe as een jota of tittel van hierdie erfenis langs die pad verlore moet gaan nie. Die rykdom van die Wes-Kaap se menseverskeidenheid, waar kom dit vandaan? Ek wil vandag slegs die bydrae van een groepering aanraak en wat vir my hierin uitstaan en dit is die bydrae van die slawekultuur aan die Kaap.

Suid-Afrika is die een unieke land in Afrika waar slawe ingevoer is en nie uitgevoer is nie. Dit was as gevolg van die opdrag wat Jan van Riebeeck van die VOC gekry het, naamlik dat hy nie die Kaap se mense mag verslaaf het nie. Daar word bereken dat oor ‘n tydperk van 180 jaar soveel as 63 000 slawe na Kaapstad gebring is. Die eerste slawe aan die Kaap het hoofsaaklik uit Wes-Afrika gekom - Guinea, Angola en later ook uit Mosambiek en Madagaskar. Slawe is ook uit Indië ingevoer, maar die kenmerkendste van daardie tyd het uit die Ooste gekom - die huidige Java, Bali, Timor, Maleisië en China. Teen 1748 was daar meer slawe aan die Kaap as wat daar Europeërs was. Die invloed op plase, fabrieke, die boubedryf, die klerebedryf en in die oorgrote meerderheid huishoudings is onbepaalbaar.

Die een monument van die saamgroei van die destydse bruin en wit gemeenskappe in die Kaap is die Afrikaanse taal. Die verskynsel dat Afrikaans, eens die kombuistaal, op ‘n stadium gesien is as die taal van die verdrukker, was ‘n afwyking eerder as die norm. Die Afrikaanse taal is gebou deur taalstryders, maar ook omdat dit die praktiese medium van kommunikasie geword het tussen slawemeester en slaaf, en tussen slawe uit verskillende wêrelddele. Afrikaans was ook in die tagtigerjare die taal van verset in die Wes-Kaap.

Afrikaans se oorsprong lê dus nie in die hoogste raadsale van die land nie. Afrikaans se oorsprong lê in die harte en op die tong van mense uit alle lae van die samelewing. Nadat die kettings van slawerny in 1834 gebreek is, het die wit en bruin gemeenskappe in die Wes-Kaap natuurlik nader aan mekaar gegroei deur die bande van bloed, godsdiens, taal en kultuur. Omdat taal vir ons in hierdie provinsie so uiters belangrik is, wil ek by hierdie geleentheid met u gesels oor die instelling en werksaamhede van die Wes- Kaapse Taalkomitee.

Dié komitee is ingestel ingevolge die Wes-Kaapse Provinsiale Talewet van 1998 en Raadskennisgewing 120 van 1997 - soos gepubliseer in die Staatskoerant van 15 Desember 1997. Die komitee is daarna as die Provinsiale Taalkomitee van die Wes-Kaap erken, ingevolge die Wet op die Pan-Suid-Afrikaanse Taalraad, 1995.

Dit beteken dat die Taalkomitee ‘n statutêre liggaam van die Wes-Kaapse provinsiale regering is, asook ‘n provinsiale taalkomitee van Pansat. Die Taalkomitee doen verantwoording aan die Provinsiale Minister van Kultuursake, Sport en Ontspanning.

Die Taalkomitee se visie is om al die mense van die Wes-Kaap deur taal te bemagtig, hul menswaardigheid deur agting vir mekaar se tale te versterk en veeltaligheid te bevorder. Die Taalkomitee se missie is om veeltaligheid in die provinsie aktief te bevorder, die gelyke gebruik van die drie amptelike tale in die provinsie te monitor, en die ontwikkeling van die voorheen gemarginaliseerde inheemse tale van die Wes-Kaap te ondersteun.

Die Wes-Kaapse Taalkomitee het ‘n mandaat van die provinsiale regering om die gebruik van Afrikaans, Engels en Xhosa in die provinsiale regering te monitor. ‘n Marknavorsingsagentskap is aangestel om ‘n omvattend taalbestekopname van die provinsiale regering en sy kliënte se taalgebruike en -voorkeure te maak. Dié baanbrekerswerk, die eerste in sy soort in Suid- Afrika, is einde Maart 2002 afgehandel.

Een van die belangrikste bevindings - en ek sluit aan by my kollega wat pas gepraat het - was dat daar ‘n skerp afname was in die gebruik van Afrikaans in die provinsiale regering ten gunste van Engels; en dit terwyl 66% van die amptenare Afrikaanssprekend is. Laasgenoemde syfer korreleer met die 59% Afrikaanssprekendes in ons provinsie.

Daar is wel ‘n mate van groei in die gebruik van Xhosa, maar dit moet gesien word teen die agtergrond van die ernstige marginalisering van die taal. Afrikaans- en Xhosasprekendes gebruik Engels as ‘n brugtaal in veral interne geskrewe kommunikasie. Daar is misleidende positiewe aanvaarding van dié toedrag van sake by Afrikaanssprekendes, maar dieselfde aanvaarding is gelukkig nie by Xhosasprekendes nie. Dit bly egter ‘n elite oplossing om Engels by verstek te gebruik. ‘n Kopskuif is nodig in die provinsiale regering en Afrikaans- en Xhosasprekendes behoort hulle meer te handhaaf vir sover dit die gebruik van hulle tale aangaan. Ek kan nog baie praat, maar ek wil nie oor my tyd gaan nie. Ek wil eers afsluit en baie dankie sê vir die geleentheid om dié Huis te kon toespreek. [Applous.]

Die VOORSITTER VAN DIE NRVP: Baie dankie, geagte lid. (Translation of Afrikaans speech follows.)

[Mr R J KING (Western Cape): Chairperson, you will have to excuse us if we from the Western Cape are extra boastful on this Heritage Day this year - after all, it is the 350th anniversary of our Mother City, the beautiful, lovely Cape Town.

Heritage Day is surely the one day on which we take stock with much gratitude of that which is dear to us, and realise that we are richly blessed.

Any one of the hon members in this House who has toured the world will know that there are unbelievable monuments everywhere. They are evidence of glorious creations by mankind and of his abilities: Theatres, cathedrals, museums, palaces, stadiums and amphitheatres for hundreds of thousands, and public squares for millions - human creations known as mighty works, pyramids, hanging gardens and leaning towers.

We in the Western Cape have so much to offer, but something so different. We are richly blessed and endowed with God’s creation.

As a young man in 1970 I had only just started working in Cape Town when my head office ordered me to take an American geographer to the Du Toitskloof Mountains. I was not aware of what this instruction was about. I was simply doing my duty. When we arrived there, we stopped every half a kilometre, and then the old man climbed out and surveyed the mountains around us. At the end he said to me: ``You know, Mr King, this is the 77th country that I visit in the world to observe their mountains. This is now the seventh time that I came back to South Africa to come and look at the Du Toitskloof Mountains - the most beautiful mountain range in the world.’’

It took an American to show me that the mountains among whose passes I travel every day are the most beautiful mountains in the world. To my shame I have thought of that conversation every time that I travelled through the pass.

My colleague and I once toured through England and in a village to the north of London we strolled around in our Springbok supporters’ clothes and met two old ladies. When they saw South Africa, one of the ladies said: Have you ever been to Hermanus?'' We told her that we knew Hermanus. Then she said:The most beautiful little seaside town in the world.’’ That is what other people think of our country.

We have received so much and so much to be grateful and which to preserve and to cherish with our whole being. History would never forgive us if one jot or tittle of this heritage were to be lost along the way. The wealth of the Western Cape’s human diversity, where does it come from? I want to touch upon the contribution of only one group today and what I find exceptional about it, and that is the contribution of the slave culture in the Cape.

South Africa is unique in that is the only country in Africa where slaves we imported and not exported. This was as a result of the order given to Jan van Riebeeck by the VOC, namely that he may not enslave the people of the Cape. It is estimated that as many as 63 000 slaves were brought to Cape Town over a period of 180 years. The first slaves in the Cape came primarily from West Africa - Guinea, Angola and later also from Mozambique and Madagascar. Slaves were also imported from India, but during that period the most distinctive of them came from the East - the present Java, Bali, Timor, Malaysia and China. By 1748 there were more slaves than Europeans in the Cape. The influence on farms, factories, the building industry, the clothing industry and in the greater majority of households cannot be determined.

The one monument of the merging of the erstwhile brown and white communities in the Cape is the Afrikaans language. The phenomenon that Afrikaans, formerly known as kitchen Dutch, was once regarded as the language of the oppressor was a deviation rather than the norm. The Afrikaans language was written by language militants, but also because it had become the practical medium of communication between slave masters and slaves, and between slaves from different parts of the world. During the eighties Afrikaans was also the language of resistance in the Western Cape.

Therefore, the origin of Afrikaans does not lie in the highest chambers of the country. The origin of Afrikaans lies in the hearts and on the tongues of people from all walks of society. After the chains of slavery had been broken in 1834, the white and brown communities in the Western Cape naturally grew closer together owing to ties of blood, religion, language and culture. Because language is so vitally important to us in this province, I want to talk to you on this occasion about the establishment and activities of the Western Cape Language Committee.

This committee was established in terms of the Western Cape provincial language legislation of 1998 and Council Notice 120 of 1997 - as published in the Government Gazette dated 15 December 1997. The committee was subsequently recognised as the Provincial Language Committee of the Western Cape, in terms of the Pan South African Language Board Act, 1995.

This means that the Language Committee is a statutory body of the Western Cape provincial government, as well as a provincial language committee of PanSALB. The Language Committee is accountable to the provincial Minister of cultural affairs, sport and recreation.

The Language Committee’s vision is to empower all the people of the Western Cape by means of language, to strengthen their dignity by way of respect for one other’s language and by promoting multilingualism. The Language Committee’s mission is to play an active role in the promotion of multilingualism in the province, to monitor the equal usage of the three official languages in the province and to support the development of the previously marginalised indigenous languages of the Western Cape.

The Western Cape Language Committee has a mandate from the provincial government to monitor the use of Afrikaans, English and Xhosa in the provincial government. A market research agency has been appointed to undertake an extensive survey of the language usage and preferences of the provincial government and its clients. This pioneering work, the first of its kind in South Africa, was finalised at the end of March 2002.

One of the most important findings - and I associate myself with my colleague who has just spoken - was that there was a sharp decline in the use of Afrikaans in the provincial government in favour of English; and that while 66% of the officials are Afrikaans-speaking. The latter figure correlates with the 59% of Afrikaans-speaking people in our province. There is in fact some growth in the use of Xhosa, but this must be seen against the background of the serious marginalisation of the language. Afrikaans-speaking and Xhosa-speaking people use English as a bridging language in especially internal written communication. There is a misleading positive acceptance of this state of affairs among Afrikaans- speaking people, but fortunately we do not find the same acceptance among Xhosa-speaking people. However, it remains an elite solution to use English by default. A change of mind is necessary in the provincial government, and Afrikaans-speaking and Xhosa-speaking people should take a bolder stand as regards the use of their languages.

I can say a lot more, but I do not want to exceed my time. I want to conclude by saying thank you very much for the opportunity to address this House. [Applause.]

The CHAIRPERSON OF THE NCOP: Thank you very much, hon member.]

Mrs M MASHANGOANE: Hon Chairperson, hon members, ladies and gentlemen, we are a nation that is so fortunate, for we are a nation rich in culture. Culture is a very important part of any society. Culture is identity. It is one’s esteem and is one’s home.

In South Africa we do not only have one culture but a diversity of cultures that make but one rich nation. We have a home and an identity. We are not only a diversity but we are one nation, a South African nation that is proud to be South African and that is proud of its cultural heritage.

I can compare the beauty of our nation to that of a rainbow. The question is, what makes a rainbow beautiful? It is a combination of colours that make one beautiful rainbow. That is South Africa, our nation and our pride. Hence, our former hon President Nelson Mandela refers to our nation as a rainbow nation, for we are.

Yes, we come from a terrible past where our culture were used as a tool to divide our people and our nation. It was a symbol of oppression. The diverse colours of our skins and our cultural backgrounds determined whether we should be rightful citizens of this country and whether we deserved to be respected and whether we should enjoy our freedoms, opportunities and our country. For if one fell in the so-called wrong side of origin, colour and race, one was a foreigner and a slave in one’s own country.

But today we are speaking a different language, a language of unity in diversity. Thanks to the struggles of our people and our government, the government of the people, that today we can look around us and say boldly that we are proud to be South Africans. We are proud of our heritage. We are a united force. We are cradle of civilisation. To us, our diverse heritage and our liberation are a passage to a free society. They affirm human dignity. They outline how the world should march forward.

Instead of campaigning for wars, as a global village the world should be following our example, for we are trendsetters, an example and unique even in the way we obtained our liberation. No wars were fought for we believe in peace, unity and reconciliation.

Next week, on 24 September, we will be celebrating our South Africanness. We will also be celebrating our Africanness for we are part and parcel of Africa, hence the hon President always refers to the African Renaissance. We will be celebrating the beauty of our natural heritage, the beauty of the Drakensberg Mountains in Kwazulu-Natal, of the Table Mountain in the Western Cape and of God’s Window in Mpumalanga. The beauty that crosses all our provinces.

We will be celebrating both our tangible and intangible heritage, the tangible heritage being the ones that relate to those sites, places and structures which are physical manifestations of our shared history. The intangible aspects being the ones that we refer to as our diverse customs, indigenous knowledge and belief systems, traditions and mores of the past which are manifested through dance, certain rituals, oral traditions, ways of doing things and songs. That is our nation.

Our very own Robben Island, which not so long ago was a symbol of oppression, is today a symbol of hope, reconciliation and unity. It is a symbol of a way forward and of a united South Africa whose future is so bright that I need sunglasses. Our ambitious project, the development of Freedom Park, will see the creation of a dedicated precinct celebrating our outstanding heritage, a centre of knowledge aimed at creating a deeper understanding of South Africa and its people. It will become a place of inspiration for South Africans and will be an acknowledgement of South Africa’s true history, a chronicle of its entire people and its contribution to humanity.

It will be a constant affirmation of national identity and values and a celebration of triumph of humanity, which was realised with the achievement of democracy in 1994. This is the present and the future of South Africa.

To conclude, I would like us as a nation to celebrate our heritage and to bring back what was taken from us, our dignity, identity and esteem. Let us celebrate the discovery of our pride in ourselves. Let us celebrate our South Africanness. [Applause.]

Mr N M RAJU: Chairperson and hon fellow South Africans, any country’s cultural resources, buildings, landscapes, archaelogical sites, ethnographic resources, objects and documents, structures and districts embody a rich heritage of human experiences and cultural identities. They provide information about people from the past and establish important connections to the present.

They tell a compelling story of our earlier pioneers and communities and help us understand how we got where we are today. A country’s cultural resources must be carefully identified, evaluated, documented, registered, preserved and interpreted. We become the veritable caretakers and guardians of these resources.

The new South Africa that was ushered in April 1994 switched on fluorescent lights on much of these cultural resources which had been deliberately relegated to the limbo of forgotten things not because they lacked intrinsic worth, but only because the imperatives of a race-obsessed ideology of apartheid demanded selective amnesia.

During the apartheid era, the entire life and destiny of every people in South Africa was determined by an artificial arbitrary and totally unscientific system of race classification. However, let me not dwell too much on such negative considerations and rather on celebrating our heritage. Did we not, only weeks ago, celebrate the return of our beloved Saartjie Baartman to her beloved homeland? Did we not, even after some 2 centuries, rescue her, retrieve her from the ignominy of being an object of obscene curiosity in some foreign European capital as some human freak? Did we not embrace her in spirit and lower her remains in the African soil under the African sun? In one fell swoop, did we not restore and celebrate the status of women in South African society?

Only last week during our visits to nodal points in our respective provinces, I was reminded about the importance of the heritage of our earlier political leaders when we visited the Dube Memorial at Ohlange in Inanda on the outskirts of Durban, incidentally not far from where I live. John Langalibalele Dube was the first President-General of the ANC. He was also a scholar, gentleman, leader, farmer, teacher, politician, patriot and philanthropist. Reverend John Dube established the Ohlange Institute, on the lines of Tuskegee Institute, the noted Afro-American institution. He was immensely influenced by Booker T Washington. It is interesting to note that the famous Ohlange institute is only a stone’s throw, no pun intended, from the Phoenix settlement where Mahatma Gandhi, another world famous philosopher and practitioner of non-violence or satyagraha, founded the newspaper Indian Opinion.

Professor Dube also founded the Zulu/English newspaper Ilanga laseNatal, which is prominent in my province even today. Nearby Ohlange Institute, in the dense congregation of the AmaNazarene, the famous Shembe church. That the Unincity of Durban, Ethekwini, is rich in cultural heritage, indeed the province of KwaZulu-Natal, is really an understatement.

In celebrating our heritage from an international and national perspective, we must thank providence for the host of natural resources that South Africa has been endowed with. I am thinking of our dams and rivers, our forests, game parks, our fauna and flora, even our mountains, as the hon King referred to the beautiful mountains of South Africa. Like the English poets William Wordsworth and Gerald Manley Hopkins, I also am a lover of nature because I easily see God’s grandeur in nature.

Humans have a bad habit of taking things for granted. We feel deprived, neglected, unwanted, shunned and alienated. But, if one can pause and reflect on the myriad of blessings we should really not complain. One thing we cannot erase from our minds, whatever blessings we may enjoy today, is the direct result of the sacrifices that our parents have made.

I cannot complete my speech without reference to the rich heritage and legacy that women in the struggle for human rights have made in this country. I would like to mention a few by starting with Mama Bertha Mkhize, another luminary from Inanda, who was one of the first women involved in the struggle for women’s rights. Incidentally, she was also one of the first women to have her own business in KwaZulu-Natal. Bertha Mkhize was one of the first students to attend the Inanda Seminary Secondary School for Girls and later she attended the Ohlange Institute. She was a teacher before she became a tailor. Sometimes some teachers also have restless souls and they never remain in teaching for long.

The CHAIRPERSON OF THE NCOP: Order! I am afraid your time has expired. [Applause.] As the hon Raju was speaking of the history of women, I had great difficulty exercising the duties that I am required to and to stop him. [Laughter.] Unfortunately I have to give in.

Mr J O TLHAGALE: Chairperson, in discussing the issue of heritage in South Africa, it should be noted that prior to the advent of democratic rule, the issue of heritage was inextricably bound to racial and cultural exclusivity and was also dominated by a eurocentric approach. Since the awakening of South Africa’s political transformation, the diversity of our multi- cultural heritage has been acknowledged and increasingly celebrated, as has our hitherto ignored and neglected African heritage.

A number of heritage projects have been launched in recent years which attempted to address the distortions and gaps in past representations of heritage, but much still remains to be done if South Africa is to rediscover her cultural heritage and acknowledge her common identity.

The envisaged establishment of the Freedom Park on a 35-hectare site on the outskirts of the national capital of Tshwane would see South Africa boasting a world-class precinct comprising of a national museum, memorial, garden of remembrance, amphitheatre and commercial facilities. One good thing about Freedom Park would be to bring the different national groups together in celebration and do away with the present system where one group is not interested in what the next group is celebrating because the event being celebrated is in conflict with the interest and historical background of the other group.

South Africa’s rich heritage is not limited to its land only, but also includes its peoples and the languages they speak. Over and above the country’s eleven official languages, we have inherited some of the following other languages: Firstly, Fanagalo, a well-known language used mainly in the mines and for commercial purposes; secondly, “Tsotsitaal” or “Flaaitaal”, which uses a variety of Afrikaans, English and African words. This language originated in the gold mines and was spoken until about the 1980s. I am a speaker of that language. [Interjections.]

As a nation, South Africa is currently in the midst of a process of cultural rediscovery and renewal which will ultimately contribute to the restoration and recognition of the links between its national heritage and those at regional and continental level. [Applause.]

The CHAIRPERSON OF THE NCOP: Heita Mr Tlhagale, heita. [Well done Mr Tlhagale, well done.] [Laughter.]

Mr D M KGWARE: Chairperson, as we are preparing to join our people next week, it is important for us to go through this kind of exercise to remind ourselves that South Africans, especially those who were disadvantaged under the previous dispensation, are now in a position where they can finally acknowledge with pride where they came from and how they were shaped by their destiny. Before, to speak one’s mother tongue had numerous negative connotations and to practice one’s traditions labelled one as backward and ignorant.

The most recent discourse by the Department of Arts, Culture, Science and Technology, in a draft White Paper on Arts, Culture and Heritage, seeks to find through policy frameworks optimum funding arrangements and institutional frameworks for the creation, promotion and protection of practitioners of South African arts, culture and heritage.

This demonstrates the Government’s seriousness in the preservation and protection of our heritage. We therefore find ourselves as Government uniquely placed to legislate policies and frameworks that will actively seek to preserve for posterity every aspect of our heritage that we deem necessary.

We have found that to legislate for transformation is vital when it comes to the preservation of our collective heritage. If we look, for example, at what in the past constituted a “monument”, then we find that not only was the definition very narrow, but it was also distinctly balanced in favour of the white culture and its practices. Today the term “heritage resources” is preferred to “monuments” and these include places of natural beauty, buildings, streets, landscapes, objects of historical importance, geological, palaeontological and archaeological sites and objects, rock art, shipwrecks and graves of historical figures and victims of conflict.

One of the more recent ways in which we have already begun to preserve our culture and heritage was encapsulated in our debate for Women’s Day this year. This Council debated the significance of the violation of our own Sarah Baartman under the title: “Sarah Baartman: An Epitome of Human Dignity against a Background of Gender and Racial Discrimination”. The whole point of the debate found its context in the horrific abuses that one of our own was subjected to in a foreign country, primarily because she did not fit the “norm” as dictated by the European interpretation of human beings. She was therefore both a live exhibit during her lifetime, as well as a museum curiosity after her death for the gawking, ignorant Europeans of the late 1800’s until 1975.

We rallied together as a nation, despite coming from diverse cultures, firstly to bring her back to her place of birth and secondly to restore, posthumously, her dignity. I believe the ceremony that was broadcast widely on television moved all of us in a very profound way and at the same time brought us closer to the Khoi tradition and language.

As Government, we have transformed our national monuments, national heritage sites and all Government-controlled aspects of the preservation of our heritage so that these now reflect our rich and diverse cultures. Most other NGO’s and academic institutions are also getting involved with the preservation of our heritage. An example of this happened the other day at UCT and in the Eastern Cape with the 25th anniversary celebration of the death of Comrade Steve Biko. Who would have thought, 25 years ago when Comrade Steve died at the hands of security police on that fateful day in September 1997, that we would celebrate the death in detention of one of our stalwarts of the liberation struggle?

Chinua Achebe, who was invited to the University of Cape Town on the occasion of the Steve Biko memorial lecture, recalled Steve’s warnings to “cast off the burden of inferiority imposed by the agents of oppression.” Young people who were present at the lecture commented on the significant role Biko played in South Africa’s history, as articulated at the lecture, that it made them proud of him and, simultaneously, proud to be South Africans. Achebe also paid tribute to Nelson Mandela for being the great president that he was and also for stepping down as president on a continent where presidents for life are more often than not the norm.

It is this sense of patriotism and nation-building that we need to keep alive as a nation, for our children and any future generations. Especially significant in this regard were the warnings made by Xolela Mangcu, director of the Steve Biko Foundation, when he said: “Too often those living in freedom become too blasé.” Indeed, we need to document and put on record, through whatever means, our rich national heritage so that it becomes relevant to every generation.

Provinces need only look in their own backyards to identify people, events or sites that have contributed to building this nation into the formidable force it is today, both on the continent and in the world. We have a lot of people who contributed significantly to our history. Some of them are forgotten heroes. We need to go back to our Provinces and take a look. We must bring those names back to life.

We had our first World Summit on Sustainable Development that took place recently in Gauteng and all the positive aspects that are spin-offs in the landscape of our country. In the Western Cape alone we have Robben Island, which is now not only a symbol of our nation’s freedom, but also a World Heritage Site.

Madiba is a symbol of our biggest success story in South Africa’s peaceful transition from apartheid to democracy. Even Oprah Winfrey was forced to concede that it is our concept of community, unity and nationhood that is central in the preservation of our heritage, rather than the contributions of the individual in their personal capacity. Madiba had to remind her, during a show devoted entirely to him, that he was but one person who was part of the collective to change a society from apartheid to democracy. History will record his role as such. Our nation is nonetheless proud of his contribution to making South Africa a place where the fundamental principles of nonracialism, nonsexism, tolerance, equality and freedom are upheld and revered by everyone.

South Africa is also very concerned about our natural heritage, unlike other nations where regard for the environment does not form an integral part of national heritage. Recent coverage of the broken down tanker that is currently threatening our St. Lucia Estuary, a national heritage site, has elicited widespread messages of concern and support from all stakeholders, including Government. Everyone is waiting with bated breath to check the environmental consequences on such a sensitive ecosystem. Environmental issues are usually confined to the back burner in other developing and developed countries. South Africa is leading the way here as well.

We have learned as a nation about building our continent. Initiatives such as Nepad, the AU and the African Renaissance concept are all attempts to put South Africa and Africa firmly on the agendas of the First World countries. These attempts are geared towards taking back our continent, consolidating our resources and demanding that we play a more meaningful role in the development of world politics and sustainable development. We have many important people, sites and other instruments that record, remember and preserve for today and the future. One person who stands out in one’s mind is Chief Luthuli, who was born in 1898, Nobel Peace Prize winner and much revered fourth President of the African National Congress. In a speech at a public meeting organised by the South African Congress of Democrats in Johannesburg in 1958, he touched on the issue of heritage by saying:

My fellow white South Africans, enjoying what is called “Western civilisation”, should be the first to agree that this civilisation is indebted to previous civilisations, from the East, from Greece, Rome and so on. For its heritage, Western civilisation is really indebted to very many sources, both ancient and modern.

Later in the same speech he said:

We often hear the cry that if we extend democratic freedom to non-whites we shall be surrendering our heritage. But I would like to suggest that you cannot preserve your heritage by isolating yourself …

[Interjections.] The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! On what point are you rising, hon member?

Mr N M RAJU: Chairperson, will the hon Kgware take a question? [Interjections.]

The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! I cannot hear when everybody is speaking. Will the hon member take a question?

Mr D M KGWARE: No, Mr Chairperson. I would just like to finish. [Interjections.] By isolating other people …

The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Hon Kgware, I gave you two minutes more, thinking you will finish. You have not finished. [Applause.]

Debate concluded.

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS - EUROPEAN CONVENTION ON EXTRADITION

Mr P A MATTHEE: Mr Chairperson, during May 1996 the Department of Foreign Affairs was requested to inform the Council of Europe of South Africa’s wish to accede to the Council of Europe’s Convention on Extradition and to take the necessary steps to negotiate an invitation.

Article 30 of this convention provides as follows:

The Committee of Ministers of the Council of Europe may invite any state not a member of the Council to accede to the Convention, provided that the resolution containing such invitation receives the unanimous agreement of the members of the Council who have ratified the Convention. Accession shall be by a deposit with the Secretary-General of the Council of an instrument of accession which shall take effect 90 days after the date of its deposit.

The Committee of Ministers of the Council of Europe, at their 660th meeting, decided to invite South Africa to accede to the convention. Article 26 of the convention provides that -

… any contracting party may, when signing the Convention or when depositing its instrument of ratification or accession, make a reservation in respect of any provisions of the Convention.

It further states that -

… any contracting party which has made a reservation shall withdraw it as soon as circumstances permit.

Article 28 of the convention provides that -

… in respect of those countries to which it applies, the Convention shall supersede any bilateral agreements, treaties or conventions governing extradition between any contracting parties. However, parties may conclude between themselves bilateral agreements which supplement or facilitate the implementation of the Convention.

The effect of accession, therefore, would be to replace existing bilateral agreements between South Africa and any of the contracting parties under the convention. At the same time it would obviate the need to negotiate separate bilateral agreements with the individual contracting parties, except insofar as such agreements would be to supplement or facilitate the implementation of the convention.

Article 28(3) further provides that -

… this arrangement would not adversely affect any arrangement in terms of which extradition takes place on the basis of a uniform law.

Thus, for example, if the SADC were to develop a uniform law on extradition, the convention would not affect the application of that law between the contracting parties, unless the parties themselves decided to exclude its application.

As the convention allows a state at the time of ratification or accession to make reservations and to make declarations in terms of the provisions of the convention, the committee, as hon members will note from its report in the ATC of 17 September, recommends to this Council that this convention be approved, but with the declaration that, firstly, 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.

Secondly, we say that the declaration should be that 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, that 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 who is also in possession of the citizenship of a country which prohibits the extradition of its nationals. With those two declarations we recommend to this Council that this convention be approved. [Applause.]

Debate concluded.

The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! I wish to take this opportunity to acknowledge the presence in the gallery of members of the SA National Defence Force College, who are paying Parliament a visit. We welcome them and we hope they will enjoy their stay here. [Applause.]

Question put: That the Report be adopted.

The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Hon members, we always have some mischievous persons in the Chamber. [Laughter.] It is a pity that today it is one of the Whips. I just want to ask the hon Whip Mr Sulliman not to vote when he is not called upon to do so. [Interjections.]

Mr M A Sulliman: [Inaudible.]

The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Thank you, but then you must take charge of your affairs, otherwise other people will take over.

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 SECURITY AND CONSTITUTIONAL AFFAIRS - ADDITIONAL PROTOCOL TO EUROPEAN CONVENTION ON EXTRADITION

Mr L G LEVER: Chairperson, this additional protocol amplifies certain definitions, terms and provisions of the European Convention that has just been voted on in this House. It excludes from the definition of political offences crimes against humanity specified in the convention on the protocols and punishment of the crime of genocide as well as crimes for maltreatment of wounded, sick and shipwrecked members of the armed forces.

Further, under Chapter 2, under certain conditions extradition will not be allowed where the person who is the subject of the application has been convicted and has already served a sentence in a third country. The main exception being if that person holds a public office.

In Chapter 3 the remaining provisions of the convention deal with the formal aspects of acceding to and ratifying this convention. A state acceding to the convention referred to is referred to as a contracting party to the convention. On acceding to this convention, any contracting state may make a declaration qualifying certain aspects of this convention. The provisions of this convention are standard to this type of political and diplomatic document.

The select committee feels that as a member of the wider family of nations there is a great deal of benefit and advantage to acceding to this additional protocol and consequently the select committee urges this House to ratify and adopt the Additional Protocol to the European Convention on Extradition.

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 SECURITY AND CONSTITUTIONAL AFFAIRS ON SECOND ADDITIONAL PROTOCOL TO EUROPEAN CONVENTION ON EXTRADITION

Ms B N DLULANE: Mr Chairperson and hon members, the second additional protocol is designed to facilitate the application of the European Convention on Extradition on several points and aims, in particular, to include fiscal offences among the category of offences for which a person may be extradited under the convention. This protocol also contains additional provisions which relate to the extension of accessory extradition to offences carrying only pecuniary sanction, judgments in absentia, amnesty as well as the communication of requests for extradition.

The laws of other countries draw a distinction between criminal offences properly called as such and certain other types of offences. While criminal offences are punishable by criminal penalties, the other offences are dealt with by pecuniary sanctions, which are not regarded as criminal penalties as is the case here in South Africa.

Under the convention, minor criminal offences which carry only fines, cannot give rise to accessory extradition since they do not fulfil the specified conditions regarding the nature of the sanction. Nonetheless, the offences may cause considerable social harm, for example, violation of regulations relating to the protection of the environment. It was therefore thought desirable to include them all in the category of the offences for which accessory extradition can be granted, particularly since the seriousness of the offence is normally a condition of extradition and does not give rise to concern in the case of accessory extradition.

Article 5 of the convention provides that extradition for fiscal offences, ie offences in connection with taxes, duties, customs and exchange shall be granted only if the contracting parties have so decided in respect of any such offences or category of offences. Chapter II of the protocol gives article 5 of the convention a more mandatory form. It provides that extradition shall take place irrespective of any arrangements between the contracting parties whenever the fiscal offence, under the law of the requesting state, corresponds under the law of the requested state, to an offence of the same nature.

This new rules reflects the strong sentiments that fiscal offences should not be treated as ordinary offences as they were akin to military or political offences, which traditionally did not give rise to extradition. This means that, for the purpose of extradition, fiscal and ordinary offences are on the same footing.

Chapter 111 complements the European Convention on Extradition with regard to judgements in absentia, ie judgements rendered after a hearing at which the sentenced person was not personally present. The judgements in absentia resolution recommends that the governments of member states apply a number of minimum rules when a trial is held in the absence of the accused. These minimum rules are aimed at guaranteeing the accused rights as laid down in the European Convention for the Protection of Human Rights and Fundamental Freedoms and may serve the purpose of determining the scope of the phrase ``rights of defence’’, as used in Chapter III.

Chapter IV deals with the question whether an amnesty granted in the requested state is ground for refusing extradition. The convention is silent on this point. The protocol now offers a solution. This chapter does not deal with amnesty in the requesting party as the subcommittee considered it unlikely that a state would ask for extradition for an offence in respect of which it had previously granted amnesty. An amnesty in the requested party is a barrier to extradition only if that state has jurisdiction over the offence concurrently with the requested state, for example, by virtue of the principle of active and passive personality.

According to article 12.1 of the convention, requests for extradition are communicated through the diplomatic channels. Experience in some states have shown that diplomatic channels may give rise to delay. This protocol provides for extradition requests to be communicated between the Ministers of justice concerned without, however, excluding the use of diplomatic channels and allowing two or more contracting parties to resort to other specifically agreed channels. I therefore support the ratification of this protocol in its entirety. [Applause.]

Debate concluded.

Question put: That the Report be adopted.

Report accordingly adopted in accordance with section 65 of the Constitution.

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS - SADC PROTOCOL AGAINST CORRUPTION

Mrs E N LUBIDLA: Chairperson, hon members, corruption in the Southern African region is of particular concern because it undermines emerging political and economic institutions and threatens the political and economic reforms which we are trying to achieve through Nepad.

Corruption has a debilitating impact on the quality of life of people in the region, particularly the poor because it results in fewer funds allocated to government programmes in education, health care, housing, physical infrastructure such as water, sanitary systems, roads and other social services.

The fight against corruption is a top priority for the South African Government. Our President has time and again reiterated the commitment of the South African Government to honest, transparent and accountable government and the Government’s determination to act against anybody who transgresses these norms.

Since 1994 the South African Government has developed a comprehensive programme against corruption. The programme includes the improvement of investigation and prosecution of corruption, the rationalisation of agencies combating corruption, a review of relevant legislation and steps to improve financial management systems and discipline at all levels of government.

Other initiatives around corruption have focused on promotion accountability, transparency and the rule of law, the practice of good governance, a free press to forcefully report to the public on corrupt practices and the strengthening of Government watchdog agencies to identify corrupt practices and bring them to public attention.

New steps have also been taken to ensure the enforcement of the Code of Conduct for Public Servants. The Prevention of Corruption Bill has recently been introduced to further strengthen the fight against corruption. All these initiatives show Government’s commitment to counter corruption. The SADC Protocol against Corruption is long overdue, and the countries of the SADC are to be congratulated on the initiative which will undoubtedly have far-reaching effects on regional efforts to fight corruption in our SADC countries.

The protocol has been carefully thought through and is more than capable of delivering its expected outcomes. It focuses on those elements of governance that matter, such as developing and strengthening institutions needed to prevent, detect, punish and eradicate corruption and developing efficient, effective and transparent systems and procedures for public administration.

The purpose of the protocol is threefold. Firstly to promote the development of anticorruption mechanisms at the national level, secondly to promote co-operation in the fight against corruption by state parties and, thirdly, to harmonise anticorruption national legislation in the region. The protocol also provides a wide set of preventative mechanisms, which include the following: Development of code of conduct for public officials; transparency in public procurement of goods and services, easy access to public information, protection of whistle blowers; establishment of anticorruption agencies; developed systems of accountability and controls; participation of the media and civil society; and use of public education and awareness as a way of introducing zero tolerance for corruption.

Article 6 of the protocol criminalises the bribery of foreign officials. The protocol also addresses the issue of proceeds of crime by allowing for their confiscation and seizure, thereby making it more difficult to benefit from proceeds of corruption. It makes corruption or any of the offences under it an extraditable offence, making it difficult for criminals to have a haven in one of the SADC countries. More so, the protocol can be a legal basis for extradition in the absence of a bilateral extradition treaty. The SADC Protocol also provides for judicial co-operation and legal assistance among state parties. This is important as corruption often involves more than one country.

In terms of its implementation, the protocol establishes a committee which will have the responsibility for gathering and disseminating information on corruption among member states, organising training programmes as and when appropriate, putting into practice a programme of implementation of the protocol and providing technical assistance to state parties where necessary.

Lastly, corruption is not inevitable, neither is it limited to particular countries. It transcends political and geographical boundaries. Co- operation among the different countries of the Southern African region is therefore essential if we are to minimise the negative impact which corruption has on the social and economic development of the region. We therefore need to give this protocol our unreserved endorsement.

Debate concluded.

The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! I have already established that delegation heads are present, except for the Free State. [Interjections.] Any delegation head from the Free State? Please come to the front if you represent the Free State, because I am concerned. All the other members just left.

Question put: That the Report be adopted.

The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Is there nobody from Mpumalanga? Can we vote again? I ask hon members please to pay attention. [Interjections.] Order! Please pay particular attention to the instructions, because we want to vote accurately. We do not want anything to be declared invalid at a later stage.

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 - PROTOCOL ON DEVELOPMENT OF TOURISM IN SADC

Mr R Z NOGUMLA: Chairperson, hon members, the Protocol on Development of Tourism in the SADC was signed by the heads of states in Mauritius on the 14 September 1998 with the exception of Angola, which was involved in the internal war. According to the constitutional procedures, for this protocol to come into effect two thirds or nine, of the member states must ratify it. Eight countries have already deposited their instruments of ratification with the secretariat.

One more ratification makes this protocol operational and binding on all member states and those that have not ratified it, will have to accede to the protocol. Therefore, adopting this protocol today will place South Africa amongst those countries that are ratifying it and the two thirds constitutional requirement will be met.

The objectives of this protocol are as follows: To use tourism as a vehicle to achieve sustainable social and economic development through the full realisation of its potential for the region; to ensure equitable balanced and complementary development of the tourism industry region-wide; to optimise resource usage and increase competitive advantage in the region, vis-a-vis other destinations through collective effort and co-operation in an environmentally sustainable manner; to ensure the involvement of small micro enterprises, local communities, women and youth in the development of tourism in the region; to contribute towards the human development of the region through job creation and the development of skills at all levels in the tourism industry; to create a favourable investment climate for tourism within the region for both the public and private sectors, including small and medium-scale tourism establishments; to improve the quality, competitiveness and standards of service of the tourism industry in the region; to improve the standards of safety and security for tourists in the territories of member states and to make appropriate provision for disabled, handicapped and senior citizens in their respective countries; to aggressively promote the region as a single but multifaceted tourism destination capitalising on its common strengths and highlighting the unique tourist attractions of individual member states; to facilitate interregional travel for the development of tourism through the easing or removal of travel and visa restrictions and harmonisation of immigration procedures; and to improve tourism service and infrastructure in order to foster a vibrant tourism industry.

In conclusion, tourism is already a strong and growing force in Africa. It has enormous potential to create jobs, increase wealth, stimulate exports and to act as a catalyst for broad-scale social and economic development. African governments have recognised the far-reaching potential of tourism in social and economic development and now need to ensure that this potential is realised.

Therefore, I beg all the members of this House to support the report on the Protocol on Development of Tourism in the SADC. [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 11:20. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

TABLINGS: National Assembly and National Council of Provinces:

Papers:

1. The Minister of Education:

 (a)    Annual Report and Financial  Statements  of  the  South  African
     Qualifications Authority for 2001-2002,  including  the  Report  of
     the Auditor-General on the Financial Statements for 2001-2002.


 (b)    Annual Report and Financial Statements of the  National  Student
     Financial Aid Scheme for 2001-2002, including  the  Report  of  the
     Auditor-General on the Financial Statements for 2001-2002 [RP  145-
     2002].

1. The Minister of Public Enterprises:

 Annual Report and Financial Statements of arivia.kom for 2001-2002.

1. The Minister of Safety and Security:

 (a)    Annual Report and Financial  Statements  of  the  South  African
     Police Service for 2001-2002, including the Report of the  Auditor-
     General on the Financial Statements for 2001-2002 [RP 172-2002].


 (b)    Summary of the Annual Report of the South African Police Service
     for 2001-2002 [RP 173-2002].