National Council of Provinces - 15 October 2002
TUESDAY, 15 OCTOBER 2002 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 14:04.
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.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! We shall now proceed to Questions as per the Order Paper.
Firstly, I take this opportunity to welcome the hon Deputy President to the House. Secondly, I have just been informed that there is a delegation from the Czech Republic in the gallery. I also take this opportunity to welcome them. They are from the senate of the Czech Republic. [Applause.]
Mnr A E VAN NIEKERK: Voorsitter, ek gee hiermee kennis dat ek by die volgende sitting sal voorstel:
Dat die Raad kennis neem dat -
(1) die Nuwe NP die raadslede gelukwens wat reeds die besluit geneem het om -
(a) uit die ``fight back''-milieu van selfvernietiging van die DA
weg te breek;
(b) deel van die oplossing in Suid-Afrika te word; en
(c) nie bloot op die kantlyn te staan en kritiseer, en politiek vir
'n uitgesoekte elitistiese groep in die media te pleeg nie;
(2) daar egter nog raadslede met integriteit is wat besig is om te konsulteer en ‘n besluit te neem;
(3) die Nuwe NP hulle sterkte toewens en hoop om hulle binnekort in die hoofstroom van die Suid-Afrikaanse politiek te verwelkom; en
(4) dit aangenaam is om in hierdie Raad aan te kondig dat genoeg raadslede vandag in Stellenbosch Munisipaliteit, anders as wat Tony Leon laas week aangekondig het, na die Nuwe NP oorgestap het en van die DA bevry is. [Applous.] (Translation of Afrikaans notice of motion follows.)
[Mr A E VAN NIEKERK: Chairperson, I give notice that at the next sitting of the Council I shall move:
That the Council notes that -
(1) the New NP congratulates the councillors who have already taken the decision to -
(a) break away from the DA's ``fight back'' milieu of self-
destruction;
(b) become part of the solution in South Africa; and
(c) not merely stand on the sidelines, criticising, and engage in
politics for a select elitist group in the media; (2) there are some councillors with integrity left who are consulting and
making a decision;
(3) the New NP wishes them well and hopes to welcome them to the mainstream of South African politics soon; and
(4) it is a pleasure to announce in this Chamber that enough councillors crossed the floor to the New NP today in the Stellenbosch Municipality and have been set free from the DA, in contrast with what Tony Leon announced last week,
[Applause.]]
Mr L G LEVER: Chairperson, I hereby give notice that at the next sitting of this Council, I shall move:
That the Council -
(1) notes that 1 409 DA councillors were elected in 2000 and that 612 of them were members of the New NP, nominated by Mr Marthinus van Schalkwyk;
(2) further notes with pleasure that only 228 of these councillors have turned their backs on the voters and rejected their mandate; and
(3) expresses the hope that the rest of the councillors will resist the temptation of joining the ANC-New NP alliance … [Interjections.]
Mr A E VAN NIEKERK: Chairperson, I rise on a point of order. It is not parliamentary for a member to quote unconfirmed figures in this House. [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Hon member, we do not know whether or not those figures have been confirmed, because we do not have the statistics here. Please continue, Mr Lever.
Mr L G LEVER: Thank you, Chairperson.
(3) … in return for jobs and perks, and that they will continue providing efficient and good government where the DA is in power, and principled and effective opposition where it is not.
DEMORALISING MESSAGES OF THE LOVE LIFE CAMPAIGN
(Draft Resolution)
Rev M CHABAKU: Chairperson, I move without notice:
That this prestigious Council -
(1) expresses its shock and dismay at the demoralising messages of the Love Life campaign that are plastered on billboards, and that are in taxis and the printed media, especially in the residences of marginalised communities;
(2) notes that while the sports programmes of the Love Life campaign are truly commendable, its messages are debasing, shocking and in conflict with the tutorial and moral guidance that young people are seeking;
(3) further notes that examples of such negative messages are as follows:
``Sex is Sex: Show me the money.''
``I only do it skin-to-skin.''
``I wanted to wait, but Abram was inside me before I could say no.'';
(4) endorses the Love Life campaign for victims of HIV/Aids;
(5) notes that this House desires to see the Love Life campaign use its extensive resources more on abstinence and education on sexuality, than on its misleading and lewd messages; and
(6) notes that we must let the people know and hear our objections to such bad ideas that are against our true African culture on such matters.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Is there any objection to the motion? Yes, there is. In the light of the objection, the motion may not be proceeded with. The motion without notice will become a notice of motion.
CONGRATULATIONS TO SAPD IN WESTERN CAPE
(Draft Resolution) Dr E A CONROY: Voorsitter, ek stel sonder kennisgewing voor:
Dat die Raad -
(1) sy dank uitspreek teenoor die SAPD in die Wes-Kaap wat daarin geslaag het om die vertroue van die publiek in dié diens te herstel deur gisteraand die laaste van die drie lede van Pagad wat in September ontsnap het, aan te keer; en
(2) sy hoop uitspreek dat -
(a) daar eerder op hierdie suksesse as op nalatigheid gebou sal word
ten einde 'n veilige en wetsgehoorsame omgewing vir alle Suid-
Afrikaners te skep; en
(b) dat geen toleransie vir misdaad 'n werklikheid in die praktyk
sal word. (Translation of Afrikaans draft resolution follows.)
[Dr E A CONROY: Chairperson, I move without notice:
That the Council -
(1) expresses its gratitude to the SAPS in the Western Cape for regaining the public’s trust in this service by last night arresting the last of the three Pagad members who escaped in September; and
(2) expresses the hope that -
(a) these successes rather than negligence would be built on in
order to create a safe and law-abiding environment for all South
Africans; and
(b) in practice zero tolerance for crime will become a reality.]
Motion agreed to in accordance with section 65 of the Constitution.
BEST WISHES FOR MATRIC EXAMINATIONS
(Draft Resolution)
Dr P J C NEL: Voorsitter, ek stel sonder kennisgewing voor: Dat die Raad -
(1) die ongeveer 600 000 matrikulante wat gister eksamen begin skryf het, gelukwens met die mylpaal wat hulle behaal het om hierdie fase in hulle lewens te bereik, en hulle sukses toewens met die eksamen;
(2) sy dank uitspreek teenoor die onderwysers en onderwysdepartemente vir die ywer wat aan die dag gelê is om hierdie eksamen sonder enige skandale, oponthoud of ontwrigting van stapel te stuur en vertrou dat dit sal voortduur;
(3) sy dank teenoor die ouers uitspreek vir die bystand, betrokkenheid en ondersteuning wat hulle aan die onderskeie skole, maar ook aan die leerders gebied het en steeds bied;
(4) besef dat die sukses van Suid-Afrika by die opvoeding van ons jeug begin; en
(5) al die provinsies uitdaag om hierdie jaar te probeer om beter te doen, en om die voorbeeld wat die Noord-Kaap verlede jaar gestel het toe sy matriekuitslae die beste in die land was, na te volg. (Translation of Afrikaans draft resolution follows.)
[Dr P J C NEL: Chairperson, I move without notice:
That the Council -
(1) congratulates the approximately 600 000 matriculants who started writing their examinations yesterday on the milestone that they have reached by coming to this phase in their lives and wishes them every success for the examinations;
(2) expresses its thanks to the teachers and the education departments for their efforts to ensure that these examinations were launched without any scandals, delays or disruptions, and trusts that this will continue;
(3) expresses its gratitude to the parents for the assistance, involvement and support given, and, still being given to the various schools and also the learners; (4) realises that South Africa’s success starts with the education of our youth; and
(5) challenges all the provinces to try to improve this year, and to follow the example that was set by the Northern Cape last year when its matriculation results were the best in the country.]
Motion agreed to in accordance with section 65 of the Constitution.
Mr K D S DURR: Chairperson, I move without notice:
That the Council -
(1) notes the senseless terrorist attack on innocent civilians in two nightclubs in Bali, and expresses its condemnation against the perpetrators;
(2) is saddened by the great loss of life, not only of South Africans, but also of all other foreign nationals;
(3) notes the great bravery and the unselfish act of a young South African, Mr Henry Geldenhuys, who risked his life by running into the blazing nightclub to bring others to safety and to save their lives;
(4) commends the strength and character of this young hero, and calls upon the President to honour him as he has brought honour to us;
(5) takes great pride in this generous spirit for which South Africans are well known around the world;
(6) records its thanks to the governments and support groups, including the Australian government, that are providing medical attention and care to these distressed South Africans;
(7) further expresses its support to all nations who wish to put an end to terrorist violence across the world;
(8) notes that this attack has been linked to the Al Qaeda network and wishes to highlight the sinister methods of these groups; and
(9) commits itself to do everything in its power to rid humanity of this grave evil, for the sake of a peaceful and secure world for all humanity.
Motion agreed to in accordance with section 65 of the Constitution.
SUCCESSES OF THE SA POLICE SERVICE
(Draft Resolution)
Mr V V Z WINDVOëL: Chairperson, I move without notice:
That the Council -
(1) commends the South African Police Service on the continuing successes they have scored in apprehending right-wing extremists and in exposing their anti-democratic activities;
(2) furthermore welcomes the recapture of all three Pagad members who recently escaped from their prison cells;
(3) is particularly encouraged by the role which members of the community have played in the arrest of the right-wingers and the Pagad escapees;
(4) believes such cooperation between police and the community is vital in the fight against crime; and
(5) congratulates the South African Police Service for a job well done.
Motion agreed to in accordance with section 65 of the Constitution.
PROBLEMS WITH THE TRANSLATION OF THE ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES AMENDMENT BILL
(Draft Resolution)
Mnr A E VAN NIEKERK: Voorsitter, ek stel sonder kennisgewing voor:
Dat die Raad -
(1) kennis neem dat wetsontwerp Nr 42 van 2002, naamlik ``Administrative Adjudication of Road Traffic Offences Amendment Bill’’ môre in die Nasionale Vergadering gedebatteer word;
(2) met kommer kennis neem dat die taal van die amptelike vertaling van die wetsontwerp nie dieselfde is as die amptelike vertaling van die Hoofwet wat die Parlement in 1998 goedgekeur het nie;
(3) voorts met kommer kennis neem dat die uitwerking hiervan sal wees dat die Hoofwet, soos gewysig, net in een taal bly voortbestaan; en
(4) verder van mening is dat dit nie in die gees van die Grondwet van Suid-Afrika is nie. (Translation of Afrikaans paragraphs follows.)
[Mr A VAN NIEKERK: Mr Chairperson, I hereby move without notice:
That the Council -
(1) takes note that Bill No 42 of 2002, namely the Administrative Adjudication of Road Traffic Offences Bill will be debated in the National Assembly tomorrow;
(2) takes note with concern that the language of the official translation of the Bill is not the same as the official translation of the principal Act which Parliament approved in 1998;
(3) furthermore notes with concern that the consequence of this will be that the principal Act, as amended, will only continue to exist in one language; and
(4) is further of the opinion that this is not in the spirit of the Constitution of South Africa.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M L Mushwana): Order! Are we not anticipating a Bill which is to go before Parliament tomorrow, even though it is not in this Chamber? I just want to check whether it is correct for us to move in advance, before a Bill is actually debated in the House.
Mr M V MOOSA: Chairperson, I would imagine that it would not be correct for the Council to do so, and that it would be appropriate then to register an objection to the motion, or to have the motion withdrawn.
The DEPUTY CHAIRPERSON OF THE NCOP: Order! For the sake of principle and clarity, could we reserve the decision on this motion until we are clear on this matter and have checked whether we can anticipate the merits of a debate that is still to go before Parliament, even though it is in another House?
AWARD TO MINISTER OF FOREIGN AFFAIRS, DR DLAMINI-ZUMA
(Draft Resolution)
Mr M A SULLIMAN: Chairperson, I move without notice:
That the Council -
(1) notes with pride that the Minister of Foreign Affairs, Dr Nkosazana Dlamini-Zuma, has been selected to receive an award by the International Women’s Forum; (2) further notes that this honour is in recognition of her leadership qualities and the contribution she has made to public office; and
(3) congratulates the Minister on her achievement.
Motion agreed to in accordance with section 65 of the Constitution.
CORPORATE LAWS AMENDMENT BILL
(Consideration of Bill and of Report of Select Committee on Economic and Foreign Affairs thereon)
The DEPUTY MINISTER OF TRADE AND INDUSTRY: Chairperson and hon members, the amendments before us today may be small, but they herald a new era in the way that the Companies Office operates.
In an effort to improve service delivery, my department has amalgamated the old Companies and Close Corporations Registration Offices and the Patents and Trade Marks Registration Offices into a single office to now become the Companies and Intellectual Property Registration Office, Cipro for short. That was in the year 2001.
In April of this year, and in consultation with the National Treasury, Cipro was converted into a trading entity within the Department of Trade and Industry, but still under the Public Finance Management Act. The trading entity status was granted to Cipro on condition that it recovers its operational costs from funds generated for services rendered by it.
Cipro has therefore two years from the passing of this legislation to set up structures that will enable it to collect moneys for the services it renders to its various stakeholders and clients.
The first amendment by this Bill to the Companies Act and the Close Corporations Act will make this possible. It will also place the Registrar of Companies in a position to apply modern and market-related ways of payment, which will also benefit the public at large.
The second very important matter addressed by the amending Bill is the reintroduction of annual returns, both by companies and close corporations. As members may know, annual returns by companies were abolished in 1986. This was due to the lack of capacity within the department at the time to deal with them. The result thereof was that the database in respect of corporate entities suffered drastically because of the lack of integrity of the information contained therein.
Reliable information about South African business entities has become of utmost importance to South African and foreign investors, and also to our own incentive drive as a department. Furthermore, many other stakeholders rely on this information, starting from our courts to the banking sector, the SA Revenue Service, the police, tender boards, all state departments from national down to local government, the legal and accounting professions, to mention but a few.
Although a nominal prescribed fee will be charged on companies and close corporations once a year upon lodgment of the annual return, the benefits for the companies, the business environment and potential investors will far outweigh the negative sentiment which is normally associated with any payment of fees. Furthermore, this amending Bill provides for two other less important amendments. One deals with the prescribed fee and the other relates to applications for name reservations.
Hon members will appreciate that the intentions and objectives of this Bill are to benefit the South African economy and its business community in general, as well as to ensure good corporate governance and electronic commerce in the long run. So I ask all members to support this amending Bill. [Applause.]
Mr M V MOOSA: Chairperson, when the United States company Enron collapsed not so long ago, wiping out some $9 billion of US investors’ money, including money that belonged to pensioners and pension funds, it became clear that, not only in a huge economy such as that of the United States of America but also in economies all over the world, it was necessary to begin looking at our corporate governance laws to start regulating the way in which companies do business, to start regulating the way in which companies look after their shareholders and investors and, in many instances, look after the hard-earned savings of working people who have left their money in pension funds.
With this in mind - and, I think, South Africa may have been ahead of many other countries in this - the Department of Trade and Industry already some time ago started modernising the Companies Office so that this office would begin to do the corporate governance things that were required in order to ensure that we have a Companies Office that has sufficient integrity.
One of the things that was done - and members would recall that we had some discussion and debate about this some time ago - was to introduce an electronic format through which the Companies Office would be able to start taking registrations for names, name applications and so forth.
One of the biggest problems with that was how one collects fees. Hon members would remember that in the old days when one wanted to form a company, one would fill in all the company forms, attach a revenue stamp to the top of the document - in fact, that is still being done at the moment - and lodge that in the Companies Office. That revenue stamp would reflect a payment to the state.
Now what was happening was that the Treasury, as the agency that was collecting the money, had to utilise that money appropriately in order to make sure that the Companies Office ran. Quite a huge administrative backlog and nightmare were taking place there.
One of the biggest problems that had to be faced was that one could not run a modern, First World, world-class Companies Office without sufficient resources; without a sufficient amount of money being spent on electronic data systems, on the hardware, on the software, without marketing and advertising the systems effectively; and without making sure that agents, lawyers and accountants who were there, knew how to use the system, use it well and without making sure it was well maintained.
Some time ago a decision was taken that the Companies Office would be converted into a new organisation called Cipro - the Companies and Intellectual Property Registration Office. As the Deputy Minister has indicated, that merger has necessitated a whole lot of things happening.
One of these things is to ensure that Cipro becomes a self-sustaining, self- funded institution. With that, some amendments to the Companies Act were required to allow them to move away from the system of collecting money through revenue stamps and to start using other systems of fee collection for the work they do. This law gives them the power to do this.
The law also places the expectation on state institutions to become viable and efficient institutions, whether they be the Companies Office, Transnet or Telkom. We do not want to throw away good taxpayer’s money on systems that are old, obsolete, sometimes very costly and running at a loss.
One of things that will start happening after this Bill is passed, is that Cipro will start looking at its own accounting systems and making sure that it starts funding itself to run at a profit. At some point Cipro will start receiving little or no money from Government in order to do its work. It will have to raise its own money through fees that are already well generated into the Treasury in order to do its work.
As the Deputy Minister has mentioned, there is the question of the integrity of our database - of our Companies and Close Corporations Registration Offices’ database. At the moment we have thousands of companies that are registered on our database at the Companies Office. We do not know if they are operational at all. Some of them are dormant; some have not opened their doors or done business for a long time; some have never submitted returns to the Receiver of Revenue, and so forth, but those names are there. Some of us have companies like that. One may have formed a company many years ago and decided not to do anything with it. The registration information of that company is then just lying in the database of the Companies Registration Office.
After this Bill is passed, it is going to become necessary - and, Chairperson, you will know what I am talking about because you are a lawyer
- for all companies to submit an annual return to indicate whether they are still trading, what their status is and whether the particulars of that company are the same. This is not only the database of the Companies Office, but also potential investors, shareholders and all sorts of people who need information, particularly creditors. If one is going to borrow money from a bank in the name of one’s company, the bank would surely want to know whether, within the previous year, all the information that the Companies Office has on one is true and correct.
It is very important that we modernise our Companies Office’s database and also ensure that the integrity of the database is protected. In that way we will be creating a better regulatory business environment in which companies can do business in this country, and in which foreigners and foreign investors, etc, can believe that when they see information on Government information systems that that information is accurate, true and valid.
I see that my time has run out, Chair of Chairs. The Deputy Chairperson has suddenly changed gender. It is now the Chair of Chairs. In conclusion, I just wanted to say that this is part of a long road. One of the things that the department has done is to take a decision to revamp the entire Companies Act. It is going to be necessary very soon to rewrite the entire Companies Act so that it begins taking into account all the issues that modern economies require companies to do. I am told that that process has begun. The Deputy Minister will reply to that when she speaks. In terms of that process, structures are being set in place to start redrafting a new Companies Act which we should expect in the next year or two.
With these few words, I want to say that we should ask the House to endorse this Bill fully. [Applause.]
Dr E A CONROY: Agb Voorsitter, agb Adjunk-Minister Hendricks en kollegas, reeds gedurende verlede jaar is die registrasiekantore vir maatskappye en beslote korporasies, asook dié vir patente en handelsmerke, waarvan die gesamentlike dienstefooie in die vorige twee jaar ongeveer R70 miljoen rand beloop het, in ‘n enkele kantoor saamgevoeg. Die kantoor staan bekend as die Registrasiekantoor vir Maatskappye en Intellektuele Eiendom, oftewel Cipro, die akroniem vir Companies and Intellectual Properties Registration Office. Die Nasionale Tesourie het dan ook toestemming verleen dat Cipro in ‘n handeldrywende liggaam binne die Departement van Handel en Nywerheid omskep word, wat kragtens die Wet op Openbare Finansiële Bestuur 1999 opereer, op voorwaarde dat sy bedryfskoste binne twee jaar deur die saamgestelde kantore se dienstefooie gedek word. Hierdie fooie is die afgelope 12 jaar nie aangepas nie, aangesien die onderskeie kantore nie in staat was om die dienslewering te verbeter nie, en ‘n opwaartse aanpassing van die fooie as onvanpas beskou is.
Met die volle rekenarisering van Cipro wat tans onderneem word, kan die fooie nou markverwant aangepas word. Tot op hede is die fooie van die onderskeie kantore betaal met behulp van inkomsteseëls op dokumente en aansoekvorms en is die inkomste in die Nasionale Inkomstefonds gestort. Hierdie wysigingswet maak dit moontlik dat Cipro, met die toestemming van die Tesourie en die Suid-Afrikaanse Inkomstediens, sy fooie regstreeks vir eie rekening kan invorder.
Die herinstelling van jaarlikse opgawes deur maatskappye, en die instelling daarvan sover dit die beslote korporasies betref, is ‘n verdere belangrike uitvloeisel van hierdie wysigingswetsontwerp. Wat hierdie aspek betref, sou daar in die toekoms ook gekyk kan word na die moontlikheid dat ‘n enkele jaarlikse opgawevorm vir die gesamentlike gebruik deur Cipro en die SA Inkomstediens in gebruik gestel word. Dit kan en sal ‘n verdere modernisering van stelsels tot gevolg hê, wat ook daartoe sal lei dat administrasie-prosedures en papierwerk vir veral kleiner ondernemings wat reeds swaar onder onproduktiewe statutêre maatreëls ly, radikaal verminder word. Hoewel daar nie in die wetsontwerp hiervoor voorsiening gemaak word nie, kan gerus gekyk word na verdere wetswysigings wat dit moontlik sal maak en die geleidelike implementering daarvan.
Voorsitter, dit wat deur hierdie wysigingswetsontwerp beoog word, is ‘n navolging van ‘n wêreldwye neiging wat onder meer ook daarop gerig is om dienslewering te verbeter, om deursigtigheid deur middel van ‘n databank te bevorder en om bedrog tot ‘n groot mate hok te slaan.
Die Nuwe NP steun die wetsontwerp. [Applous.] (Translation of Afrikaans speech follows.)
[Dr E A CONROY: Hon Chairperson, hon Deputy Minister Hendricks and colleagues, the registration offices for companies and close corporations, as well as the office for patents and trade marks, of which the joint service fees amounted to R70 million in the previous two years, had been amalgamated into one office. The office is known as Cipro, an acronym for Companies and Intellectual Properties Registration Office. The National Treasury gave permission to Cipro to be changed into a trading body within the department of Trade and Industry, which will operate in terms of the Public Finance Management Act of 1999, provided that its running costs will be covered within two years by the joint offices’ service fees. These fees have not been adjusted over the past 12 years, because the respective offices have not been able to improve the delivery of service, and an upward adjustment of fees was regarded as being improper.
With the full computerisation of Cipro which is currently being undertaken, the fees can now be adjusted according to market-related standards. To date the fees of the respective offices were paid by means of revenue stamps on documents and application forms and the revenue was deposited into the National Revenue Fund. This amending Bill allows Cipro, with the permission of the National Treasury and the South African Revenue Service, to collect fees directly for its own account.
The reinstatement of annual statements by companies, and the instituting thereof as far as closed corporations are concerned, is a very important result flowing from this amending Bill. As far as this aspect is concerned, in future one might even consider the possibility that a single annual statement form may be put into operation for joint use by Cipro and the SA Revenue Service. This can and will lead to even further modernising of systems, which in turn will lead to radically reducing administrative procedures and paper work for smaller companies, which are already suffering because of unproductive statutory measures. Although no provision is made for this in the Bill, further amendments to the Act, which will make this possible, may be considered.
Chairperson, what is envisaged by this amending Bill is in step with an international trend, which, among others, is also aimed at improving service delivery by promoting transparency by means of a databank, and to keep fraud at bay to a large extent.
The New NP supports this Bill. [Applause.]]
Mr J L THERON: Chairperson, hon Deputy Minister, hon members, the Corporate Laws Amendment Bill is an essential Bill as it seeks to amalgamate the Companies and Close Corporations Registration Office and the Patents and Trade Marks Registration Office into a single office called Cipro - the Companies and Intellectual Property Registration Office.
With effect from 1 April 2002, Cipro has, with the approval of the National Treasury, been converted into a trading entity within the department under the Public Finance Management Act. This approval was granted on condition that Cipro recovers its operational costs within the next two years from funds generated for services rendered.
Over the past couple of years the funds generated by the two offices, which now comprise Cipro, were approximately R70 million, as was said.
Dit is belangrik om te noem dat dit nie die voorneme is om wins te maak nie, maar om koste vir die werksaamhede te verhaal. Behalwe vir ‘n 10-15% buffer om Cipro deur te haal na die volgende finansiële jaar, die bedrag sal in elk geval goedgekeur word deur die nasionale tesourie, moet surplus geld in terme van die relevante wetgewing aan die einde van finansiële jaar teruggaan na die Nasionale Inkomste Fonds. (Translation of Afrikaans paragraphs follows.)
[It is also important to mention that it is not the intention to make a profit, but to recover the costs spent on the activities. Surplus money, apart from a 10-15% buffer to see Cipro through to the next financial year, the amount will in any event be approved by the National Treasury, must in terms if the relevant legislation return to the National Income Fund at the end of the financial year.]
The Bill further seeks to change the manner of payment for the service rendered by Cipro. This will enable Cipro to perform its role and function, and to introduce e-commerce in the lodgment of documents and the disclosure of corporate information. Obviously these measures will enhance both efficiency and modernisation of registration procedures in the corporate sector. Investors, both domestic and foreign, will be better served and serviced.
Ons wil dus vir Cipro sterkte toewens met die taak vorentoe, en vertrou dat gewerk sal word vir die beswil van alle ondernemings in Suid-Afrika. (Translation of Afrikaans paragraph follows.)
[We thus want to wish Cipro well with the task ahead and trust that it will work for the betterment of all enterprises in South Africa.]
The Bill further seeks to address an aspect of concern, which is the unsatisfactory compliance with the requirements of the Companies Act and the Close Corporations Act regarding disclosure of certain information. The introduction of an annual return will greatly benefit the integrity of the South African registry’s database on registered companies and close corporations. This will further facilitate corporate accountability and good corporate government.
If Cipro is to be a national public entity under the Public Finance Management Act, Cipro itself will have tight governance obligations and accountability arrangements in terms of the PFMA. It is important to mention that there is no criminal penalty for noncompliance with the annual return requirement. The ultimate sanction will be deregistration of the entity if it has for more than six months failed to lodge the return.
Twee verdere minder belangrike wysigings word ook voorgestel in die konsepwysigingswetsontwerp. Klousule 62 van die Wet op Maatskappye skryf ‘n tarief voor vir die daarstelling van ‘n goedgekeurde kapitaal van maatskappye. Daar word voorgestel dat hierdie tarief bepaal word deur ‘n regulasie van die Minister van Handel en Nywerheid, soos dit in die geval is met ander voorgeskrewe tariewe. Daar is geen rede hoekom hierdie tarief voorgeskryf moet word in wetgewing nie, en dit dra nie by tot goeie administrasie nie. (Translation of Afrikaans paragraph follows.)
[Two further less important amendments are also proposed in the draft amendment bill. Clause 62 of the Companies Act prescribes a tariff for the creation of an approved capital of all companies. It is prescribed that this tariff be determined by a regulation of the Minister of Trade and Industry, as is the case with all other prescribed tariffs. There is no reason why this tariff must be prescribed in legislation, and this does not contribute to good administration.]
The second amendment relates to applications for name reservations. To assist in applications for names, Cipro has put a sophisticated name search facility on the Web where potential business people can do a very user- friendly name search, free of charge, prior to lodgment of an application. The electronic name reservation system to be introduced nationally has been developed in such a way that it automatically gives the applicant a search result on the proposed names, prior to allowing the applicant to lodge the application. The presearch and its result are, in effect, free of charge, and it is up to the applicant to make an informed decision when eventually lodging the application. Only at this point does the prescribed fee becomes payable.
It is proposed that the DP and the DA support the Bill. [Applause.]
The DEPUTY MINISTER OF TRADE AND INDUSTRY: Madam Chair, I thank the hon members and the chairperson of the committee, Mr Moosa, for championing this Bill throughout and for coming up with the amendment that has helped companies to avoid at least some of the punitive measures if they do not provide annual returns. I would also like to thank the other members who participated in this debate.
Indeed, Mr Moosa was correct when he spoke not only about these amendments, but also a whole reform process of trying to change the Companies Act and bring it in line with not only the present economy, but also international best standards.
The project is far advanced. A project leader has been identified, as have the themes in terms of which the reform is going to take place. The department has identified interns, particularly African women, both lawyers and masters students, whom we want to expose to this field of law, as it has been naturally out of their practice as lawyers. So the project is far advanced and we will be reporting further to this House on progress, but that does not mean that whatever other ad hoc amendments are required for the Companies Act will wait for this three or three-and half-year project.
I think all the other hon members support the Bill and have actually said everything there is to be said. So I just want to say thank you to all the parties for supporting this Bill. [Applause.]
Debate concluded.
Bill agreed to in accordance with section 75 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON LAND AND ENVIRONMENTAL AFFAIRS ON UN AGREEMENT ON CONSERVATION AND MANAGEMENT OF STRADDLING FISH
STOCKS AND HIGHLY MIGRATORY FISH STOCKS
REV M CHABAKU: Chairperson, this is a statement on the UN Convention on the Law of the Sea relating to the UN Agreement on Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks.
Ever since the democratic South Africa proved itself to be a leading example of a nation committed to the sustainable use of its marine resources, it has since 1994 steadily transformed the rules for commercial recreational fishing with its own exclusive economic zone, the broad aims of which are: one, ensuring fisheries’ sustainability; two, promoting greater participation by previously disadvantaged groups of the fishing industry; three, including those with a stake in fisheries to be involved in its running; four, ensuring there is no wasteful use; and, five, allowing it to meet its international promises.
Since the late 1970s most coastal nations, including South Africa, have claimed an exclusive economic zone over waters out to 200 nautical miles from their coast and, in this area they have sole control over the fish stocks. Since some fish stocks, however, cross the waters of the exclusive economic zones and the high seas - by high seas I mean international waters beyond exclusive economic zones - most coastal nations have a keen interest in some regulation of high seas fishing.
In an attempt to minimise overfishing of the high seas, the United Nations drafted the Convention on the Law of the Sea, requiring countries to co- operate in the conservation and control of fish stocks. This is done primarily through the establishment of regional fisheries organisations. Currently there are more than 20 such organisations dealing with marine fisheries.
There are two types of regional fisheries organisations: Firstly, those that deal with specific species, such as the Commission for the Conservation of Southern Bluefin Tuna and International Commission for the Conservation of Atlantic Tunas, and, secondly, those that are regionally oriented, such as the Northwest Atlantic Fisheries Organisation - Nafo - and the Commission for Eastern Central Atlantic Fisheries.
The number and intensity of arguments over high seas fishing are increasing. Over the past decade or two, we have witnessed a number of arguments over high seas fishing. A protracted and at times violent clash began in the Northwest Atlantic Fisheries Organisation between Canada and the European Union in 1986.
The European Union began giving itself independent shares for several fish stocks, far more than its official allocation under Nafo. After several years of arguments and steep declines in some stocks, the European Union agreed to abide by Nafo decisions. However in 1995, Canada forcibly seized a Spanish vessel, the Estai, in international waters, alleging that it was overfishing.
The resulting international crisis was only resolved by the implementation by the Northwest Atlantic Fisheries Organisation of wide-cover control and watch programmes, including satellite devices on 100% and human observers on 30% of vessels fishing in the Nafo regulatory area. Similar schemes have begun to be adopted in other regional fishing organisations.
Our own country has been involved in a dispute with Spain over the few remaining swordfish stocks in the North Atlantic. This species has been overfished, requiring decreases in the quotas established by the International Commission for the Conservation of Atlantic Tunas.
The major fisher of the stock, Spain, began in the late 1980s to increase its fishing effort on swordfish in the South Atlantic where it has come into conflict with countries such as Brazil, Namibia and South Africa which want to develop their own domestic fisheries. These countries have demanded an increased share of the quota, while Spain, represented by the EU in the International Commission for the Conservation of Atlantic Tunas, refused to reduce its share.
This agreement will provide a legal framework through which disputes of this nature can be resolved. It creates a binding treaty with teeth to secure the conservation and sustainable management of straddling fish stocks. Ratification will also assist in ensuring that the harvesting of fish stocks by vessels of other nations in waters beyond our own exclusive economic zone does not undermine our domestic management of such fisheries within our waters.
With a growing interest by our fishing industry in fishing beyond our exclusive economic zone, South Africa also stands to benefit from widespread stocks and, by sticking to this agreement, improved opportunities for the South African fishing industry to undertake high seas fishing operations. [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 LAND AND ENVIRONMENTAL
AFFAIRS ON AGREEMENT ON THE CONSERVATION OF ALBATROSSES AND PETRELS Rev P MOATSHE: Chairperson, hon members, this is a statement on the Agreement on the Conservation of Albatrosses and Petrels. Seabirds are being taken incidentally in various commercial longline fisheries in the world and concerns are arising about the impact of these incidental takes.
The incidental catch of seabirds may also have an adverse impact on fishing productivity and profitability. Governments, nongovernmental organisations and commercial fishery associations have petitioned for regulatory measures to reduce the mortality of seabirds in longline fisheries in which seabirds are taken incidentally.
The Agreement on the Conservation of Albatrosses and Petrels was developed under the Convention on the Conservation of Migratory Species of Wild Animals, also known as the Bonn Convention. The Bonn Convention was concluded in 1979 and came into force in 1983. South Africa acceded to it in 1991. The Bonn Convention encourages international co-operative action to conserve and manage migratory species.
Albatrosses and petrels are highly migratory, travelling long distances. For example, the black-browed albatross travels from the southwest Atlantic to feed in the Benguela system off South Africa’s west coast. Longlines catch surface-feeding seabirds that consume vertebrate and invertebrate prey which resemble bait. During the setting of the lines, seabirds are hooked as they attempt to capture the bait. Birds that habitually scavenge floating material from the sea surface are also susceptible to being hooked on longlines.
Concerns about the world incidental catch of seabirds led to the development of the International Plan of Action for Reducing the Incidental Catch of Seabirds in Longline Fisheries - IPOA-Seabirds - a voluntary plan endorsed by the Food and Agriculture organisation of the United Nations Committee on Fisheries in February 1999.
The IPOA-Seabirds applies to countries in whose waters longline fishing is being conducted by their own or foreign vessels, and to countries that conduct longline fishing on the high seas and in the exclusive economic zones of other countries, and calls on all countries to implement the IPOA- Seabirds through the development of individual national plans of action.
The agreement applies to 21 species of Southern Hemisphere albatrosses and to seven species of Southern Hemisphere petrels. Five of the albatross species and four of the petrel species breed on Prince Edward Island. All are listed as vulnerable in the 2000 edition - the latest edition - of The Eskom Red Data Book of Birds of South Africa, Lesotho and Swaziland.
The sixth meeting of the Conference of Parties to the Bonn Convention which took place in 1999 in Somerset West, South Africa, listed a number of petrel species in Appendix II, noted the threats posed by fishery bycatch to albatrosses and petrels, and requested relevant parties to develop an agreement, under the convention, for the conservation of albatrosses.
The wording of the Agreement on the Conservation of Albatrosses and Petrels was drafted in Hobart in 2000 and finalised at a meeting hosted by South Africa in Cape Town in February 2001. The agreement was opened for signature in Canberra on 20 June 2001. By August 2002, eight states had signed the agreement and it had been ratified by Australia and New Zealand. Other signatories are the United Kingdom, Chile, France and Peru.
We therefore support the ratification of this agreement in its entirety. [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 RESPECT FOR, PROTECTION OF AND PROMOTION AND FULFILMENT OF THE RIGHTS OF THE CHILD
(Subject for Discussion)
The CHAIRPERSON OF COMMITTEES: Order! Unfortunately, we have received a message that the Minister of Social Development will only join us later, so Mr T S Setona will speak first. He is the acting chairperson of the joint monitoring committee.
Mr T S SETONA: Chairperson, the hon the Minister of Social Development Comrade Skweyiya, in absentia, hon members of this august Chamber, today marks yet another important milestone in the unfolding history of our institution as this Chamber, once again, reaffirms its unwavering commitment to the pursuit of the fundamental rights of the child.
The debate this afternoon confirms, in no uncertain terms, that the task of respecting, protecting and promoting the fulfilment of the rights of the child is firmly on the agenda of our Government, not as an add-on item, but as an integral part of the day-to-day tasks of governance.
We do this at a time when the voice of our people, the ANC, has declared this month as the month of the child in order to mobilise our communities behind programmes that seek to promote the fulfilment of the rights of the child within the context and the spirit of Vuk’uZenzele, as announced by our President on the occasion of his state of the nation address in February 2002.
As we debate this important topic this afternoon, the country’s eyes will be firmly fixed on us with a great sense of hope that steadily and gradually South Africa will be destined for a future worth living in for our children, a future in which hunger, poverty, homelessness, disease, abuse, neglect and all other forms of dehumanisation will be things of the past.
The extent to which we inspire hope in the men and women of our country will not be measured in terms of endless lamentations about the statistics and our past history, but more importantly in terms of our unity of purpose and vision in terms of tackling the unbearable conditions of daily life that face our children.
Indeed, our entry point in this regard should be an honest and critical appraisal of the policies and programmes that our Government has put in place to address the plight of the children. In doing that, an objective grasp of the resources at the disposal of our country to address these myriad and pressing challenges should be taken into account.
In the eight years it has been in power, since 27 April 1994, our Government has put in place a wide range of legislative and programmatic instruments to reverse the decades-long legacy of colonialism that never accorded children the right to a place in society, in terms of developmental and social security needs, in order to grow in peace, harmony and common brotherhood.
Indeed, the tasks and challenges ahead are enormous and daunting, but in the eight years since 1994 we have great cause to celebrate as a basis of consolidating our efforts to deepen the culture of respect for and protection of the rights of the child.
We proceed from the understanding and conviction that a nation that does not value its children is destined to a bleak future and ultimate self- destruction. The history of this country, in terms of protecting and promoting the rights of the child, cannot be written in terms of the pre- April 1994 democratic breakthrough. We stand here today when the doors of learning and culture have been widely opened to all children, thus allowing them the opportunity to learn and develop their potential as future competent citizens of our country.
The deracialisation of the education system and subsequent opening of all schools to all children represent a qualitative step in the overall transformation of our country into the nonracial, democratic and nonsexist society that we all seek to construct.
The post-1994 generation of children, unlike many generations whose growth and development were defined by the ideology of racial supremacy, is growing in an atmosphere of common brotherhood and identity that knows no colour bar. They appreciate, understand and identify themselves as brothers and sisters sharing a common heritage and destiny. They know no Indian, white, black or coloured, but they know and understand that they are part of one South African nation in the making.
As we debate this afternoon, we can proudly and confidently say that the ideals enshrined in the Freedom Charter on abolishing the colour bar in cultural life, in sport and in education have been accomplished. This is, indeed, great cause for celebration.
The Government has gone a step further to acknowledge that poverty and homelessness hamper and retard the development of the child. In this regard, concrete measures to push back the frontiers of poverty afflicting the children have been implemented through the national schools nutrition programme and other social grants aimed at children, such as the child support grant and the foster care grant for children who are in foster care.
The massive delivery of housing to address the legacy of homelessness and lack of shelter for our people has gone a long way in addressing the comfort and security of our children.
The decent, healthy and secure growth and development of children cannot be separated from the livelihood of their mothers. A sick mother will, logically, bear an unhealthy child. Hence, the provision of free medical services to pregnant women and to children from birth to six years old represents one of the milestones in addressing the plight of children in this country. These steps, coupled with the implementation of primary health care, have reduced the rate of infant mortality to unprecedented levels, levels never seen before in the history of this country. The Government has put in place structures and mechanisms to mainstream children’s issues across all state organs through the Office on the Rights of the Child which is in the Presidency. This has brought about a holistic and integrated approach to children’s issues, as opposed to a narrow departmentalisation of children’s issues.
The establishment, by Parliament, of a Joint Monitoring Committee on Children, Youth and Persons with Disabilities is one instrument that positions Parliament to exercise oversight, from time to time, of the Government’s programmes in so far as they impact children.
Through this committee and many other relevant Government agencies, a lot of work is being done in terms of mobilising communities in concerted efforts to combat the abuse of children and promote their rights where they live. Today, more than any other time in the history of our country, public consciousness around the rights, protection and abuse of children has deepened. One was, indeed, filled with a great sense of pride in the youth of our country in the Free State province in June this year when they went on a mass volunteer campaign under the banner of the ANC Youth League to register children for child support grants, in conjunction with the Department of Social Development, as part of their programme to commemorate the month of the child.
As we celebrate our achievements, we, equally, are haunted by daunting challenges in the arena of children’s rights. In his foreword to the publication of the Volunteer Child Network, the President of our country, the hon T Mbeki, said and I quote:
No South African can easily rest at night while reports of sexual abuse against children are heard with such regularity in our communities. As a self-respecting, compassionate and democratic society, we are urgently engaged in ensuring that action is taken to deal with existing cases and are resolute in our commitment to curb such horrors in the future.
This reflects the magnitude of the problem of child rape we face in our country today. While the sensationalism around these issues has obscured the real Government efforts to deal with the issues, it is no secret that levels of reporting on these crimes have improved, thus showing the levels of public consciousness around the issues of child rape.
The SA Police Service has established a special unit which deals with child rape in which police officers are trained in the intricacies of issues pertaining to child rape. It is imperative for all of us to understand that the acts of abuse and rape against children are committed in the privacy of our homes, thus making it difficult for police to police this kind of crime.
This therefore means that more effort should be made in mobilising and conscientising our communities to deal with these crimes in a proactive manner. In this regard, we should commend the initiative by the CSIR in establishing a Web-based database of organisations that are active in child abuse prevention and reduction, which will be launched in Parliament tomorrow.
This Web-based database is a network of a wide range of Government departments and civil society formations directly dealing with child abuse prevention and reduction. This initiative is a practical expression of volunteerism and partnership in making South Africa safe for all our children.
Our major challenge in the current period is the scourge of HIV/Aids which has left many children orphaned, creating, in some instances, child-headed families - a trend which seems to be growing in our country. This poses yet another economic burden on the state, as it will obviously expand the list of beneficiaries of our social security system.
Whilst we should welcome any move by Government to address this problem in monetary terms, we should strengthen our resolve and efforts to mobilise our communities against the scourge of HIV/Aids as there is currently no cure for this disease.
Let us unite in a practical partnership in making South Africa safe for all children. [Applause.]
The CHAIRPERSON OF COMMITTEES: Order! I welcome the hon Minister of Social Development who can now address the Chamber. Hon Minister, we got the message that you were delayed somewhere along the way.
The MINISTER OF SOCIAL DEVELOPMENT: Chairperson, unfortunately I have to do the same thing here that I did in the National Assembly on the issue of children. That is why I am a bit late.
Chairperson, hon members, ladies and gentlemen, our debate today is a highly topical debate as children are our greatest and most precious gift. They are our future and our greatest asset and, therefore, need all the care and protection that we can give them.
During my Budget Vote earlier this year I informed members that the primary theme of our work in Social Development was to put children first. Since then, in my consultations with various communities, I have been confronted by the cries of our children and their families. They cry about rape and abuse. They cry about poverty. They cry about HIV/Aids and other diseases.
Our debate today should focus on how we, as the custodians of all our children in South Africa, not only listen to those cries, but also respond to them decisively and positively. It is highly appropriate that this debate is taking place during the month of social development, thereby creating a good opportunity to realise and entrench further the rights of children that are enshrined in our Constitution.
Since 1994, the South African Government has put in place a number of measures to promote and protect the rights of children in this country. Hon members will well remember that Madiba committed his Government in 1994 to putting children first. On 16 June 1995 South Africa announced its ratification of the United Nations Convention on the Rights of the Child.
The Constitution adopted in 1997 guaranteed children socioeconomic rights. South Africa drafted and ratified the African Charter on the Rights and Welfare of the Child in January 2000. South Africa ratified the Declaration and Agenda for Action emanating from the First World Congress Against Commercial Sexual Exploitation of Children in 1996.
The Government is in the process of acceding to the UN Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography.
The National Programme of Action for Children in South Africa of 1996 provides the overall framework of Government for implementing the Government’s commitment to the programme and the progressive realisation of children’s rights. The NPA makes provision for our children’s needs, and for children in need of special protection measures, namely children whose circumstances place their survival, protection and development at risk.
In South Africa the process towards recognising children as worthy citizens has commenced with admirable energy and commitment since the advent of the first democratic Government. It is crucial that this process is continued with increased vigour by the Government and relevant organisations. The necessary policies and practices that will ensure that we meet our Government with regard to the UN Convention on the Rights of the Child have been developed. What is needed is the attainment of all the developmental goals and human rights that have been set by our forechildren in South Africa.
The Convention on the Rights of the Child recognises the child as an active subject of rights, and articulates the child’s right to be involved in decision-making that affects him or her. This principle is one that should be applied at all levels of society and with regard to all aspects of the child’s life. Within the family, at school, in the country and at national and international policy-making levels, children’s views and voices should be heard and taken into account.
The United Nations Convention on the Rights of the Child combines civil and political rights with economic, social and cultural rights, and draws attention to special needs of children, such as adoption, and to economic and sexual exploitation and exposure to drug abuse. It is the instrument that truly recognises the interdependence, indivisibility and universality of human rights.
The convention rests on the four groups of rights: survival rights, development rights, protection rights and participation rights. The participation rights refer to the child’s right to the freedom to express an opinion and to have a say in matters affecting his or her life.
There are two definitions of participation rights: participation in the sense of taking part or being present; and participation in the sense of knowing that one’s actions are taken note of and may be acted upon.
It is my belief that children and the perspective on their rights are important. Firstly, children’s perspectives on their rights may differ from those of adults. Secondly, children’s concepts of their rights may be useful in the design and development of procedures for the implementation of these rights in a manner that is most protective of children’s dignity.
Thirdly, eliciting children’s views on their rights shows respect for children as persons. Finally, accepting children’s perspectives has implications for children’s legal and political socialisation.
In addition, there are other important reasons to promote and protect children. Children’s participation is a basic need for healthy human development. Children’s participation is a precondition for democratic citizenship, and children’s participation improves the quality of provisioning and provisions for young people. The youth of South Africa played a special role in spearheading the struggle for liberation from apartheid. This usually important contribution to the processes of political transformation received national recognition through South Africa’s designation of June 26 as Youth Day, the ratification of the United Nations Convention on the Rights of the Child and the inclusion of section 28 in our Constitution.
It is thus incumbent upon the adult population not only to adhere to the worthy principles underlying the rights and protection of our children, but also to be highly proactive in ensuring that our fellow citizens do the same. We have to wipe all child abuse, of any nature, off the face of this country. It will take vigilance, discipline and commitment to do so, but we have no option.
At the beginning of this year the President asked us all to put children first and to make this year the year of the child. As the Government and as the ANC, we have been going through the whole country trying to talk to our people to ensure that children get a better deal in society and in their communities.
We hope that, in that process, we will be able to raise the consciousness of each and every citizen in this country to the plight of our children so that our children are able to get what is rightfully theirs. The grant that they get from the Government should be given to them, and they should be rightfully, carefully and sensitively treated within the family and within our communities.
As I said at the beginning, if we fought for a future South Africa, we did not fight for ourselves as such, we fought for the generations to come. Those generations are the children. They are the ones who are going to put into effect what our real aims were. In our lifetime we might not be able achieve that - individually and collectively. We must accept that. But it is the children who will be able to do that, and they must get a better deal than the one we got from from our parents. [Applause.]
Mr N M RAJU: Chairperson, hon Minister, hon special delegates, hon colleagues, in 1995 the Government signed the United Nations Convention on the Rights of the Child, so the obligation to obey special, universally accepted rules about how children should be treated is immense on South Africa as a nation and on South Africans as a people. The moral integrity of a nation is reflected by the emphasis it places on the protection of the rights of the child. In recent months there has been too much media space devoted to the abuse and neglect of children. It does not require scholarly research to arrive at the conclusion that children grow best in a family or home where they can be happy, loved and understood. Unfortunately, we have a situation in which increasing numbers join the world of street children - homeless, loveless, careless, unwanted, neglected, exploited and abused.
Child rape, child prostitution, child labour and, the ultimate disgrace in some countries, the compulsory recruitment of children for use in armed conflict are some of the major areas of concern.
A nation worth its salt must be actively involved in the prohibition of child labour and the commercial sexual exploitation of children. Children must be protected from becoming victims of sexually transmitted diseases and HIV/Aids infections.
One of the most barbaric views that has characterised child rape recently is the implausible belief - the fallacy - among perpetrators of child rape that sex with a child can cure Aids. There is a growing crescendo of calls by public citizens of our country for a state of emergency to combat savage attacks on children, after a study revealed that public Child Protection Units, that is the CPUs, are fighting a valiant but losing battle to help South Africa’s battered and abused children.
We think here of a person, even in this modern age, like the beast of Brits, who is alleged to have abused his children, kept them away from school, and sjambokked them at will for the tiniest of offences, if he was not taking pot shots at the boys as they rolled around in drums as a form of target practice. This ugly remnant from the age of the Flintstones should no doubt be incarcerated in a dank dungeon and the keys thrown into the moat. But, no, we are living in the age of human rights, so he has to be given VIB status: Very Important Barbarian.
Statistics show that 120 000 children were raped or abused over a 21-month period. However, a more worrying factor is that only 8%, that is less than 10 000, of the cases resulted in conviction. The spokesperson for Women Against Child Abuse, Miranda Friedman, explained that a lack of resources, poor pay and little recognition were factors that hampered those who were fighting the battle to contain this assault on the rights of the child.
Andre Martin, spokesperson for the Ministry of Safety and Security, called upon the community, parents and teachers to render assistance in arresting this scourge, these crimes against children, because the protection of children is everyone’s business. Hon members have just heard the hon the Minister put it so aptly, when he said: ``After all, we are all custodians of our children.’’
Another uninspiring scenario emerging in our country’s socioeconomic landscape is that of children dying of malnutrition on a daily basis. This is untenable in a country such as ours, which has a constitutional obligation to deliver basic child rights.
The hon the Minister, to his credit, has admitted that the situation on the ground in this respect is far from good. Hence, the hon the Minister has undertaken to extend the child support grant to children up to the age of
- However, this initiative is only likely to materialise some time in the year 2004. The focus on children affected by HIV/Aids has been announced by the provincial imbizos undertaken by the hon the Minister of Social Development. I want to pause here and congratulate the hon Minister who goes about his work in a quiet and dignified manner, showing that he really cares about the problems afflicting South Africans as far as the welfare of our children are concerned.
The hardships experienced by children who are abandoned or who become reluctant orphans can only be imagined. I am not even talking about the plight of our children and families that encounter obstacles in accessing social grants, especially grants intended to support those who care for our children. For example, birth certificates and identity documents are sometimes not easily obtained in the poorer rural areas.
As South Africans we must not fail our children. We ought to evince greater respect for the protection and fulfilment of the rights of the child, and we must heed the SOS signals - the cries for help. If we fail, we will be guilty of a travesty of justice. [Applause.]
Mr D M KGWARE: Chairperson, hon Minister, colleagues, the acting chair of the joint monitoring committee, Mr Setona, has already made mention of a number of issues.
It is now over eight months since President Thabo Mbeki put the question to all of us as to `` … whether what we are doing as the legislature, the executive and the judiciary, as well as the fourth estate and civil society, is helping to lift from the shoulders of our people the intolerable burden of poverty and underdevelopment’’
In the ANC we are, as a collective, heeding President’s Mbeki injunction, not in a narrow sense, but in the sense that we are indeed proud to lead the onslaught against the challenges that it represents, most notably, those in education. The greatest challenge to us in education - and I am sure members will agree with me - is to deliver our children from the historical legacy of apartheid education in our endeavours to lead our country away from this legacy and put our children on the path to a prosperous future through quality education.
The Department of Education continually reviews our progress, or lack thereof, to ensure that our children’s right are protected, promoted and fulfilled. Despite limited resources, the department is doing all it can to ensure that the vision of the President, the Government and, indeed, the overwhelming majority of South Africans becomes a reality.
In doing so, the department has launched a number of activities, strategies and programmes with respect to child protection. This can only be attained through a major shift in our educational values, hence the department’s launch of the ``Values in Education Initiative’’ in the year 2000.
The findings of this initiative were published in the Manifesto on
Values, Education and Democracy'' in August 2001. The refined curriculum
for 2005, for instance, has incorporated the key findings of the Values
Initiative in new or revised areas of study. This bodes well for the
protection and promotion of children's rights. A directorate called Race
and Values’’ has also been created in the department. The challenge facing
us at this juncture is to ensure that these values are cultivated.
Yes, the department regards the right and full access to education by our country’s children as essential elements of its mandate. It has undertaken and is undertaking a number of programmes to make full access and enrolment a reality.
The starting point is knowledge, and there are a number of factors which potentially or actually exclude children. These include the lack of a family income to pay for school fees and the school being an unsafe environment. These factors are addressed in the following way.
A lack of income should not bar any child from access to a decent education. To this end, the department has produced a pamphlet called ``Rights and Responsibilities of Parents’’ in 2000, which was distributed to post offices and other service points nationally.
This pamphlet made all parents and legal guardians aware that their children had a right to free education if their income was too low to afford school fees. At present, an updated version of the pamphlet is available and ready for distribution. I hope my colleagues as parents will be able to get this pamphlet and also mobilise our communities with it.
A lack of safety in schools is a worldwide problem affecting the ability, particularly of girls, to attend school regularly and to work with focus in school. In this regard, the department established school safety as a critical part of the Culture of Learning and Teaching Campaign in 1997, better known as Colts.
This campaign is very active and has established a number of important initiatives, including, firstly, the Ikusasa Lethu self-defence project. This project has already trained 1 010 school-based educators and 400 learners in 666 schools in six provinces on how to protect themselves against any attack and harassment. Secondly, the Signposts for Safe Schools Workbook is available. This workbook was designed in conjunction with the SA Police Service. It will be sent to every school-based educator and police station across the country early next year.
Thirdly, with regard to drug abuse policy and implementation guidelines, the department has developed a policy which has been gazetted and is being finalised that is based on public comments. The guidelines will go to all schools to assist them in dealing with this growing problem. The department is also assisting individual schools which have a particular problem in the management of drug abuse.
The spirit, as with all the department’s safety work, is set within the context of restorative justice, balanced by the need to protect all learners within the framework of the Constitution.
Fourthly, the department has also developed a draft sexual harassment policy for learners which supplements the regulation and material to assist educational institutions to manage sexual harassment in the workplace. In addition, it also collects statistics quarterly on the numbers of cases reported of sexual abuse of learners by educators and the results of the disciplinary or judiciary processes.
We, as the select committee, regard this problem as extremely serious and welcome the department’s effort to make everyone understand its magnitude. We went to a public hearing on this issue. Everybody was thrown off balance to the extent that they could not agree on the issue, but I am happy that Parliament has taken a very decisive decision on this issue.
Also, provincial departments are driving a process to make all schools accessible, smart and safe. We welcome the national department’s support by providing research and guidelines in this regard.
In conclusion, I began my input on this very important debate by making reference to the statement by the President. I want to end with a quote from his speech when he said, ``Our country has, in real terms and within its means, moved further forward’’.
Although we are nowhere near to providing a complete safety net for all the children, the President is right. Together we are making and we will continue to make a determined assault on that which affects the social, economic and psychological wellbeing of our children. [Applause.]
Mk M P THEMBA: Make Sihlalo, tsine labadzala nebantfwana baleminyaka yabo 2002, sincono kakhulu kunalabo lesibelamako lekwafanela kutsi bazabalaze ngesikhatsi seminyaka yabomadlangengwenya, selubandlululo, balwela emalungelo ebuntfu betfu. Nyalo sekunengucuko lekahle kuHulumende lobabonelelako labamphofu nalabacindzetelekile, lohlala abuka tindlela tekwenta ncono simonhlalo bantfu betfu labatikhandza sebakuso. Sesiyincobile imphi baholi betfu bangaphambili labebaphupha ngayo, baphupha ngekuyincoba, ngekuhlala bancusa etiveni temhlaba, bahlaba inyandza leyo kutsi umhlaba usilamulele kumisa lubandlululo lwalabamhlophe eNingizimu Afrika.
Noko singeke sitishaye sifuba, sihlale siphumule. Sitsa lesisha lesibhekene naso nyalo bumphofu, ngumbulalave wetifo, nebugebengu, nekuhlukumetwa kwebantfwana, kakhulu bantfwana labangemantfombatana, bantfwana labahlukunyetwa kucala ngitsi batali emakhaya ngekubasebentisa njengetigcili, sibente bomake emakhaya.
Njengobe sayilwela inkhululeko yetfu sifanele siwalwele nemalungelo ebantfwabetfu kutsi baphatfwe ngenhlonipho, bavikeleke, basitwe ekutfutfukeni bafike lapho bangafika khona. LoHulumende ukukhombisile kutimisela kwakhe kusita bantfwana bakulelive. Njengobe wonkhe umuntfu wakuleliver kufuneka ente njalo, alandzele etinyatselweni taHulumende.
Ngesikhatsi se World Summit for Children, nga 1990, baholi bemhlaba babutsana eNew York batewutfutfukisa kuphatfwa kahle kwebantfwana. Kulowo mhlangano basayina Simemetelo Semhlaba ngekuPhumelela Kuvikeleka neKutfutfukiswa Kwebantfwana neNdlela yeKusebenta. Babeka lapha tinkoyoyo lekwakufanele kufikwe kuto ngemnyaka wanga 2000. INingizimu Afrika yangenisa umbiko wayo wekuphumelela kweminyaka lelishumi kaMhlab’uhlangene, leyo dokhumente lebeka luhlakamsebenti lowasewentiwe etimphilweni teBantfwana baseNingizimu Afrika.
Nome lombiko ukhombisa inchubekela phambili lenkhulu mayelana nemphatfo lenhle yekuphatfwa kwemntfwana, noko sisahlushwa yimphatfo lembi yangaphambili lenguyona isikhinyabeta, isicedza emandla njengebatali kutsi sibanakekele ngalokwenelisako bantfwabetfu. Kusenalokunyenti kungalingani emkhatsini webantfwabetfu tsine labamnayama nebalabo labamhlophe. Kusenemehluko phakatsi kwebantfwana basemaphandleni nebasemadolobheni; kudlanga kwekweswela imisebenti, nekungabikho kwetintfo letidzingekako emphilweni, nekwandza kwebantfwana labatintsandzane. (Translation of Siswati paragraphs follows:)
[We, as children and adults in 2002, are far better off than those of us who had to struggle during the apartheid years for our basic human rights. We now have a change of Government that favours the poor and the oppressed, and are constantly looking for ways in which to improve the circumstances in which they find themselves. We have conquered the battle that our leaders in the past only dreamed of conquering in their frequent appeals to the international community for intervention to stop the racist white regime in South Africa.
However, we cannot afford to pat ourselves on the back and rest on our laurels. The new enemy is poverty, deadly diseases, crime, child abuse, especially of girls. Those are children that are abused first at home by us parents who treat them as slave girls by making them wives at our homes.
Just as we fought for our freedom, we need to fight for the rights of our children, that they be treated with respect, that they be protected and that they be aided into developing to the best of their abilities. This Government has shown its commitment to this nation’s children. We, individual South Africans, need to do the same and follow in the Government’s footsteps.
In 1990, during the World Summit for Children, world leaders gathered in New York to promote the wellbeing of children. At this occasion, they signed a World Declaration on the Survival, Protection and Development of Children and a Plan of Action. They set a number of targets that were to be reached by the year 2000. South Africa submitted an End-decade Report to the United Nations, a document that outlined the progress made in the lives of South African Children.
While this report shows significant progress overall in the wellbeing of the child, we are still haunted by the inequities of the past which impacts directly on our ability as parents to provide adequately for our children. There are still socioeconomic imbalances between black children and white children, urban and rural children, high unemployment, limited resources and a growing orphan population.
In conclusion, I just wish to say that legislation and good intentions on their own do not provide a protective, nurturing environment in which a child can develop into a well-rounded, free-thinking adult. Our children need the collective efforts of all of us. We as parents, teachers, religious organisations and communities need to get back to the old tried and tested tradition of, ``it takes a village to raise a child’’, and roll up our sleeves to take care of our nation’s children.]
In its strategic plan of 2002 to 2005, the SA Police Service itemised crimes against women and children as one of its priority areas in its crime prevention and combating programme. With this particular programme, the SAPS is looking at improving service delivery to all victims of crime, improving services provided by the Family Violence, Child Protection and Sexual Offences Units to all victims of abuse and implementing the Safer Schools Project at priority station areas, amongst other things.
The annual report of the Department of Correctional Services of 2001-02 focuses on the responsibility of young children in prisons, and on mothers, children and youth in prisons. In fact, the Correctional Services Act, Act 111 of 1998, states that the child of a female prisoner may be allowed to remain with the mother up to the age of five years.
Mothers are, however, encouraged to give permission to their families to look after their children. The personal safety and development of infants who stay in prison with their mothers remain a priority for the department. Special mother care and child units were established in eight prisons. As of 31 March 2002, there were 190 infant children in prison with their mothers.
Despite measures to remove children from the criminal justice system, there are still instances in which children are sent to prison. The department, therefore, established separate facilities for youths in prisons to enhance the education, rehabilitation and developmental prospects of these young prisoners. However, a large number of youths are accommodated in sections of adult prisons, although separately from adult prisoners. Currently, there are 13 youth correctional or development centres countrywide.
More disturbing, however, is the 158,67% increase in the overall number of children serving prison sentences from January 1995 to July 2001. Even though children comprise less than 2% of the sentenced prison population, this rapid increase requires close monitoring and intervention strategies. This is especially worrying given the recent TV documentary exposing the prostitution of a juvenile prisoner to service adult prisoners.
Positive legislation, such as section 28 of the Constitution, the National Youth Commission Act and the Abolition of Corporal Punishment Act were legislated, principally, to protect the legal rights of the child. South Africa regards the development, protection and promotion of children as one of its top responsibilities, hence the location of the Office on the Rights of the Child in the Presidency, the highest office in Government.
It is envisaged that the long-awaited Child Justice Bill, which was recently tabled in Parliament, will provide a more structured approach to children in conflict with the law. One of the primary tenets underpinning this proposed Bill is to provide greater scope for the use of alternative methods other than arrest in ensuring that accused children attend court proceedings. Also, the proposed Bill looks at enhanced protection for children during trial procedures, such as the noting of confessions.
South Africa ratified the OAU Charter on the Rights and Responsibilities of the Child during 1999. Also, in keeping with informing children of their rights, the Department of Justice and Constitutional Development and the Department of Education took the UN Convention on the Rights of the Child, ratified by the South African Government in 1995, rewrote and explained it in simple language and in a colourful picture-book format that is user- friendly to all children in South Africa. This book also encourages children to get to know what their rights are in terms of the convention.
Ministers Penuell Maduna and Kader Asmal and their departments also appeal, through this book, to children to respect the rights of others and to help Government build the future of our country.
Sengephetsa inkhulumo yami nje, ngiyatsandza kusho kutsi imitsetfo nenjongo lenhle yona ngekwayo iyawuletsa umphakatsi lovikelekile, nekukhuliseka kahle lekudzinga kutsi ngamunye ngamunye webantfwabetfu akhule abe ngumuntfu lokhonako kucabanga kahle akhululekile.
Bantfwabetfu badzinga kutsi sihlangane sibambisane sonkhe ekubakhuliseni. Tsine njengebatali, bothishela, nemasontfo, nemiphakatsi kufuneka sibuyele emuva etindleleni takudzala letingutona tivutsiwe temdzabu, tekutsi umntfwana ukhulela ekhaya. Kufuneka sikhwice, sifinyete tidvwaba njengesive sinakekele bantfwabetfu. [Tandla.] (Translation of Siswati paragraphs follows.)
[In conclusion, I want to state clearly that good laws and objectives do bring about a safe community and a good upbringing, which all our children need very much so that they can grow up to be good citizens who are able to make good decisions.
Our children need us to be united and to be one in bringing them up. We as parents, teachers, churches and communities must go back to our old methods, which were mature and stable, with children developing properly at the homestead. We must roll up our sleeves as a nation and take care of our children. [Applause.]]
Mrs B S MOHLAKA (KwaZulu-Natal): Chairperson, hon Minister Dr Z S T Skweyiya and all the hon members of the NCOP present, what I am going to deal with here is what is happening the world over. Please bear with with me, because it appears as if I am the only special delegate and therefore I may not be on the same wavelength as previous speakers. [Interjections.] [Laughter.] I am going to deal with child labour, amongst other things. The International Labour Organisation has estimated that 250 million children between the ages of five and 14 work in developing countries - at least 120 million work on a full-time basis. Of these children, 61% were in Asia, 32% in Africa and 7% in Latin America. Most working children in rural areas were found in agriculture. Urban children worked in trade and services, with a smaller number in manufacturing, construction and domestic service.
Conditions of child labour range from that of four-year-olds tied to rug looms to keep them from running away, to 17-year-olds helping out on the family farm. In some cases, a child’s work can be helpful to him or her and to the family; working and earning can be a positive experience in a child’s growing up. This depends largely on the age of the child, the conditions in which the child works and whether work prevents the child from going to school.
The Children’s Rights Division at Human Rights Watch has largely focused its efforts on forced and bonded child labour, which has a devastating impact on children. Children who work long hours, often in dangerous and unhealthy conditions, are exposed to lasting physical and psychological harm. Working at looms, for example, has left children disabled with eye damage, lung disease, stunted growth and a susceptibility to arthritis as they grow older.
Denied an education and a normal childhood, some are confined and beaten, and reduced to slavery. Some are denied freedom of movement - the right to leave the workplace and go home to their families. Some are even abducted and forced to work, to sell liquor - bedayise utshwala kanye namasigarethi [they sell liquor and cigarettes] - and cigarettes.
The human right abuses in these practices are clear and acute. Our objectives in tackling these aspects of the complex and troubling child labour issue include drawing attention to the plight of bonded and forced child labourers, helping to end these appalling practices, and contributing to the debate on the rights dimension of the larger issue of children and work.
Bonded labour takes place when a family receives an advance payment, sometimes as little as R150 or $15, to hand over a boy-child or girl-child to the employer. In most cases, the child cannot work off the debt, nor can the family raise enough money to buy the child back.
The workplace is often structured so that expenses and interest are deducted from the child’s earnings in such amounts that it is almost impossible for the child to repay the debt. In some cases, the labourer is generational, that is, the child’s grandfather or great-grandfather was promised to an employer many years earlier with the understanding that each generation would provide the employer with a new worker, often with no pay at all.
Bonded labour, normally debt bondage or peonage, is outlawed by the 1956 UN Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery.
Millions of children work as abandoned child labourers in countries around the world - there are 15 million in India alone. The full extent of the problem has yet to be shown. Many are subjected to severe physical abuse, as in a case cited in the July 1995 Human Rights Watch report, which says:
Two years ago at the age of seven, Anwar started weaving carpets in a village in Pakistan’s province of Sindh. He was given some food, little free time, and no medical assistance. He was told repeatedly that he could not stop working until he earned enough money to pay an alleged family debt. He was never told who in his family had borrowed money nor how much he had borrowed. Any time he made an error with his work, he was fined and the debt increased. Once when his work was considered to be too slow, he was beaten with a stick. Once after a particularly painful beating, he tried to run away, only to be apprehended by the local police who forcibly returned him to the carpet looms.
On the advocacy front, we have met with children’s and human rights groups, as well as representatives from the United Nations Children’s Fund - Unicef
- and the International Labour Organisation to prevent children from losing their childhood, education and opportunities by being entrapped in bonded labour. We have also worked to provide to children’s organisations and international advocacy groups objective on-the-spot reporting to support efforts to effect change.
I am now going to talk about the World Bank. A Human Rights Watch investigation and 1996 report: The Small Hands of Slavery: Bonded Child Labour in India, revealed that the silk industry, which was heavily supported by the World Bank, employed many bonded child labourers. The World Bank, embarrassed by this disclosure, chose to include NGO monitoring of projects for child labour as a condition of support on future projects.
The bank has now acknowledged that child labour was used in its projects and, in co-operation with the government and nongovernmental organisations, has explored pilot programmes that would remove children from the workplace, rehabilitate them, and provide them with education. How good!
In 1997, for the first time, the World Bank promulgated a child labour policy to be considered when making lending agreements to countries. In addition, in 1998, the bank created a staff position specifically to deal with the issue of child labour in the course of bank lending.
Let me talk about street children a little bit. I know that a lot has been said. Street children throughout the world are subjected to physical abuse by police or have been murdered outright, as governments treat them as a blight to be eradicated, rather than as children to be nurtured and protected. Fortunately, we do not do that in South Africa.
They are frequently detained arbitrarily by police simply because they are homeless, or criminally charged with vague offences such as loitering, vagrancy or petty theft. They are tortured, abused or coerced into sexual acts, or raped by police. Street children also make up a large proportion of the children who enter criminal justice systems, and are committed, finally, to correctional institutions that are euphemistically called schools, often without due process. Few advocates speak up for these children, and few street children have family members or concerned individuals willing and able to intervene on their behalf.
While street children receive national and international public attention, that attention has been focused largely on the socioeconomic and health problems of the children - poverty, lack of education, Aids, prostitution and substance abuse. With the exception of the massive killings of street children in Brazil and Colombia, often by police, which Human Rights Watch reported in 1994, very little attention has been paid to the constant police violence and abuse from which many children suffer. This often neglected side of street children’s lives has been a focus of Human Rights Watch research.
The public view of street children in many countries is overwhelmingly negative. The public has often supported efforts to get these children off the street, even though they may result in police roundups or even murder. This is an alarming tendency by some law-enforcement personnel and civilians, business proprietors and their private security firms.
Children around the world suffer appalling abuse; too often street children are killed. In the past this huge and largely voiceless population has fallen through the cracks in the international human rights arena. Traditional children’s humanitarian groups have focused mainly on vital survival and development projects, and have rarely addressed other human rights concerns because they could not afford to antagonise host governments.
Human rights groups have focused chiefly on the rights of adults. As the human rights movement was founded out of concern for political dissidents, it has sometimes overlooked those, like children, whose persecution is unrelated to their political views.
In conclusion, 1999 marked the 10th anniversary of the Convention on the Rights of the Child, which created an important place for children’s rights on the world’s agenda by being the most widely ratified treaty in the world. The convention was adopted by the United Nations General Assembly on November 20, 1989. It provides protection to children in armed conflict; protection from discrimination; protection from torture or cruel, inhuman or degrading treatment or punishment; protection within the justice system; and protection from economic exploitation, in addition to many other fundamental protections. Despite the convention’s near-universal ratification, children are still denied their basic rights.
We are pleased that in South Africa the Government has extended the child grant to recipients up to the age of 14. I thank the Minister for that. However, we are faced with a growing population of Aids orphans. How do we overcome this obstacle? [Applause.]
Nkszn P C P MAJODINA: Ngale njikalanga, xa amathunzi enabile, mandikhahlele kuwe Mhlalingaphambili, Mphathiswa uGqirha uSkweyiya nakoogxa bam kule Ndlu.
Iyachukumisa into yokuba ndibe ngomnye othatha inxaxheba kule ngxoxo ibaluleke kangakanana. Yenza loo nto ndingumzali onoxanduva lokuhlonipha, akhusele, azalisekise amalungelo abantwana njengoko umqulu wamalungelo abantwana usitsho. Umntwana owonwabileyo ngosuka kwikhaya elonwabileyo, abazali abakhuselekileyo nabazali abahloniphekileyo. Umntwana ke okhulela kwikhaya elinobundlobongela, ukhula engabazi ubuncwane nobungcathu bobomi. Ukhula engayazi intlonipho. Ukhula engungantweni, uphuma silwe. Uthando ekhaya nakuluntu jikelele, luba negalelo elikhulu ngokungummangaliso emntwaneni. Umqulu weNkululeko ka-1955 uthi kumhlathi wethoba, mandicaphule: “Bonke abantu baza kuba nelungelo lokuhlala apho bathanda khona, kwizindlu ezakhiwe ngesidima, baze bakhulise abantwana babo, izizalwane nezalamane zabo ngobutofotofo nokhuseleko.” Akukho namnye oya kuhlaselwa yindlala alale engatyanga, avale ucango. Yiyo loo nto uRhulumente ophetheyo ezalisekisa eli dinga, ngokunika abantwana nabantu iindawo zokuhlala, kungakhathaliseke nokuba ungumama ongumzali ozimele yedwa. Unelungelo lokunikwa indlu yokuhlala ngulo uRhulumente ukuze ukwazi ukukhulisa abantwana bakho ngesidima, njengoko ndisenza ukukhulisa abam oonyana, uMkhonto weSizwe noSiqhamo sothando. Lo mhlathi uthi xa uqhubeka, Sihlalo obekekileyo: ‘Kwezo ndawo abantu bahlala kuzo makubekho izithuthi zikawonke-wonke ezifikelelekayo nezikhuselekileyo. Kube neendlela ezihambekayo khon’ ukuze abantwana babe nakho ukufikelela kumaziko ophuhliso nasezikolweni ngokunjalo.’
Mandiyicinezele Sihlalo, into ethi, umntwana wam ngumntwana wakho, umntwana wakho ungumntwana wam. Into ebuhlungu kowakho umntwana, ibuhlungu nakowam umntwana. Ngelitsolileyo ke, inimba mayibe nye. Masibuyele kundalashe. Iinkedama mazingosuli umsuli weenyembezi zabo. Ukuba abazali basweleke phantsi kwesiphi na isiganeko, ayingombuzo ngeli xesha. Mna ke Sihlalo, uza kundixolela ukuba ndithe ekuthetheni kwam ndahamba ndankenenkene. Ndiza kube ndisenziwa yinto yokuba mna ndakhula ndingenabo abazali. Andilwazi ke olu thando lomzali sithetha ngalo apha, kwaye ke kuluxanduva lwam ukuba ndisolule isandla ukuze abanye abantwana abakhulayo bangakhuli ngendlela mna endakhula ngayo. Mandiwubulele umbutho weAfrican National Congress owenzileyo ukuba neenkedama zikwazi ukuma apha, zize kumela uluntu olungenato. Umanyano kumakhaya ethu lwenza igalelo ekukhuseleni abantwana bethu kwizikrelemnqa nakwiintswelaboya. Isizwe esitshutshisekileyo sisizwe esikhulisa ngononophelo ihlumelo laso.
Sihlalo obekekileyo, ukufundisa ngokhuseleko ezindleleni kumgaqo wesikolo, linyathelo elikhulu. Le mfundiso ifakelela yonke imiba ejongene nokuba abantwana bawazi amalungelo abo ezindleleni, iindawo amabawele kuzo, iindlela eyamkelekileyo yesinxibo, sinxibo eso siza kukhanyisa umntu esekude, wena wazi inyibiba. Iziko loqeqesho lwamagosa endlela, lincedisa abantwana kuba le nto bayiva ithethwa ngokhuseleko bafumana ithuba lokuyenza ngqo. Kungeli xesha apho eli Sebe lezoThutho liqeqesha abantwana abangama-15 000, abaqinisekisayo ukuba izigidi ezibini zabantwana besikolo, zikhuselekile xa besiya naxa bebuya esikolweni. Mandimbulele uMphathiswa, uGqirha uSkweyiya othe ngotyelelo lwakhe eHeshele, apho ndisuka khona eSterkspruit, sawubona umahluko. Usincedise ukuba kungabikho mntwana ulala engatyanga. Nasezibhedlele sithetha nje asinaye umntwana olaliselwe ingozi. Linyathelo elikhulu ke elo.
Kubhaliwe phaya kwiincwadi ezingcwele ukuba ‘Bavumeleni abantwana beze kum, kuba ubukumkani bamazulu bobabo’. Utsho njalo ke uRhulumente okhokelwa yiAfrican National Congress.
Mandibulele Sihlalo, ndimbulele nomntu otolikayo phaya phezulu, ngoba uyenza ibe lula into yokuba ndizidle ngolwimi lwam. Enkosi. [Kuyaqhwatywa.] (Translation of isiXhosa speech follows.)
Ms P C P MAJODINA: I would like to greet you, Chairperson, hon Minister Dr Skweyiya and my colleagues who are in this House.
I am moved by the opportunity afforded to me today to be one of those participating in such an important debate. This gives me as a parent a responsibility to respect, protect and fulfil children’s rights, as stated in the Children’s Bill of Rights. A happy child is a child who comes from a happy home, from protective and dignified parents. A child who is brought up in a violent home, does not know the joys and realities of life. That child does not know about respect. That child grows up to be a very violent person, a confrontational person. The love that a child gets at home and from the society plays a big role in moulding him or her. Clause 9 of The Freedom Charter of 1995 says, “All people shall have the right to live where they choose, be decently housed, and to bring up their families in comfort and security”. No one shall close the door and go to sleep without food. That is the reason that the Government is fulfilling its promise by giving children and families houses. It does not discriminate against single mothers. One has a right to be given a house by this Government so that one can bring ones’s children up in a dignified manner, the way I am now doing with my two sons, Mkhonto weSizwe and Siqhamo sothando. The clause goes on to say, Chairperson, “Slums shall be demolished and new suburbs built where all have accessible and secured public transport, roads, lighting, playing fields, crèches and social centres”.
Chairperson, I would like to emphasise that my child is your child; your child is my child. What is uncomfortable for your child should be uncomfortable for mine too. All in all we should feel for each other. Let us go back to the old ways. Orphans should not be asked questions about how the parents died. That is not a question that should be posed now. Chairperson, I would like to apologise because I may show signs of weakness and shed a few tears. That is because I grew up without my parents. I do not know this parental love we are talking about here today, and it is my responsibility to extend my hand so that small kids may not grow up the way I did. I would like to extend a vote of thanks to the African National Congress for having given orphans, people like myself, an opportunity to stand here and be the mouthpiece of the have-nots. Unity in our families contributes towards the protection of our children from criminals. A perfect nation is the one that takes care of the development of its generations.
Chairperson, including lessons about road safety in the school curriculum is a step in the right direction. That kind of education includes all matters pertaining to children’s rights on the road, where they should cross, the correct dress code that which will make sure that a person can be seen from afar at night, just like a white lily. The training centre for traffic officers is assisting children as they get to practice what they hear about road safety. The Department of Transport is at this very moment teaching 15 000 whose role is to make sure that two million school children are safe on their way to and from school. I would like to thank the hon Minister Dr Skweyiya who, through his visits to Herschel, which is the place where I was born, made a difference. He helped us see to it that no child goes to sleep without food. Even at our hospitals, there is no child that has been admitted because of a road accident. That is a very big step.
It is written in the Bible, ``Let the children come to me. Do not forbid them, for the Kingdom of God is for such as these.’’ The ANC-led Government asserts.
Thank you, Chairperson, and many thanks to the interpreter who is making it easier for me to be proud of my language.
Thank you. [Applause.]]
Mr J O TLHAGALE: Madam Chairperson, hon Minister and this honourable Chamber, the topic under discussion was not readily clear to me. I struggled to come to terms with it. However, it became clear that the central issue is the rights of the child which, in terms of the topic, must be respected, protected, promoted and fulfilled.
I, and a few colleagues in this House, emerged from an era in which children did not have any rights or their rights were not recognised at all. The general practice at that time was that children must not be pampered or brought up as little darlings, as this practice could then spoil them and turn them into weaklings.
They were to be brought up in a way that would prepare them at an early age for the hardships and other vicissitudes of life in the world they were going to live in. Rights were an unknown commodity among children of my colour. Therefore, there could not be any thought of respecting, promoting and fulfilling those rights, because they could not be recognised, and not being recognised was tantamount to not being there.
However, I would be less than honest if I did not recognise and applaud those stalwarts who fought and suffered for this democratic dispensation in which I, too, in the twilight of my life, can stand up in this honourable Chamber to advocate respect, protection and promotion of my grandchildren’s rights. Suffice it to mention also our gratitude to the unequalled contribution of the honourable Nelson Mandela in the struggle for the rights of all children.
Le gale fa re re ditshwanelo tsa bana di tlotlwe, di bo di diragadiwe, ga re re bana ba gagoge, ba senyege, ba bo ba itirele boithatelo. Ga re rialo. Re bolela gore bana ke madi a rona mme ba tshwanetse go ratwa. Ba seka ba sotlakakiwa. Re tshwanetse go tlhaloganya gore basetsana ke bona bommarona ba kamoso, mme basimane ke borrarona ba isagwe. Ditiragalo tse di maswe tsa petelelo tse re di utlwelang, badiri ba tsona ba ineelela bomadimabe jwa leruri. [Legofi.] (Translation of Setswana paragraph follows.)
[Mr J O TLHAGALE: Even if we say that the rights of the children should be respected, we are not saying that they should be ill-disciplined, be spoilt, and do as they please. We are not saying that. We are saying that children are our blood and should be loved. They should not be abused. We should understand that girls are our future mothers, and boys are our future fathers. These evil deeds of rape that we hear of, those who carry them out wish themselves eternal bad luck. [Applause.]]
The MINISTER OF SOCIAL DEVELOPMENT: Chairperson, it has been an honour and a privilege to participate in this debate today, specifically in this year that has been assigned by the President with a day for the child and anointed as the year of the child.
In South Africa we have, through our Constitution, put the children first in order to be at the centre of all our activities, individually and collectively. This is a demand that is made of all of us individually and as communities. The majority of us here come from families that are not very rich. The majority of these families are very, very poor. The communities from which we come are the communities that are suffering and have suffered. This is the cause of our presence here today, in order to continue that struggle to make life better than it was for us. Children are central in that respect.
In almost all the provinces I visited, the essence of the issue was that there was a lot of suffering, unemployment and malnutrition in all our communities. The people who suffer most are women and children, and, as we discuss today respect for the protection and promotion of the rights of the child, we should have that at the back of our minds. This is not an academic question. It is a reality that exists in our societies today.
Last week on Saturday - before yesterday - we were in Mount Frere. The week before that we were in Umzimkulu in the Eastern Cape in order to look, in general, at how we we can raise the standards of life of the children and, more importantly, of all the communities that live in those areas.
It is a reality that there are children who die because of malnutrition in our country. We do not have to run away from that fact. In fact, in a country as rich as ours, each and every one of us ought to be a little bit ashamed that this does happen, because we do have the necessary resources as a country to reach out to those children, to make South Africa a better place for them than it was for us.
It is a reality, currently, in South Africa that Aids is decimating thousands of our people, and the people who suffer the most are the children left behind fatherless and motherless, the orphans who run through the streets of our country. It behoves us as communities and as individuals to do something about that. I want to say again: This cannot be a thing, an issue, that should be left to Government alone. This cannot be an issue that should be left to the parents alone, although the parents have a central role to play, and the communities are things that all of us have to be part and parcel of.
Children are the future of our country, and our Constitution - I want to repeat - urges us to put children first and to make them central in all our endeavours as a country, as a people and as communities. I hope this debate today on the rights of the child was not just a political and academic debate. All of us in our constituencies - we go back to them every weekend, every month or whenever we close here - should try to ensure that each and every child gets, at least, what he or she is entitled to from the Government.
I hope that the decision taken by the ANC policy conference - I am sure it will be part and parcel of the decisions that will be taken by the conference of the ANC in Stellenbosch - will necessarily drive us to do more to register all the children, at least up to the present moment, who are entitled to those grants, that is, children under seven years old.
This is so that when we start to reach out to children who are older, we are able to reach every child, so that we are not called to court for not having been able to reach out to those children. I know, even for me, it would have been an easier thing - in fact, I would have loved it - if we were able to give each and every child of seven years and older our grant, but administratively and management-wise it is not possible.
We have to register each and every child that is entitled to a grant. We have only reached about 2,5 million children, and I am sure we can reach the 5 million plus children who are entitled to this grant. We should know exactly what we are talking about when we say that we want to reach more children, in terms of how many children we are talking about.
This is so that we do not budget less than what we are supposed to, not because Government is against the whole thing, but because there is a thing called administration and management, as well as budgetary processes that have to be undertaken in order to be able to reach those children whom we want to reach.
It is what we want now, so that by the year 2004 we can say to each and every child that he or she is entitled to this, that he or she must get it. More importantly, I want to appeal to members of this Chamber as the representatives, generally, of all the provinces, that there is a nutrition programme in each and every province - in each and every locality that currently exists.
A decision was taken by Cabinet that the nutrition programme should move to the Department of Education - so that each and every school and each and every community is responsible for it, because in each and every community there is a school, and each and every school governing body should be the one that administers, controls and monitors the nutrition programme. [Applause.] This is so that each and every child should have at least one meal a day - one good meal, if not two, but at least one meal, so that when he or she goes home, he or she is able to sleep.
I do not know whether some of you come from rich families, but there is one thing as a child that hits one deeply - if one has never gone through this, then one is very lucky - and that is to go to bed hungry and to wake up the following day and go back to school. And one is expected to perform like any other child.
This is what we individually and collectively have to ensure does not happen in our lifetime in this free and democratic South Africa: ensuring that a child gets his or her own grant, ensuring in one’s own constituency that the nutrition programme that is there is a reality; and one should ensure that the money does not get sent back and rolled over when children are hungry, or that somebody to whom this has been outsourced gets rich easily out of this.
We should monitor that individually, as members of Parliament, as members of the NCOP, as members of the legislatures or as members of the Council and, more importantly, as civil society, as parents, to ensure that the programme happens, is a reality and that each and every child gets that money and gets involved.
With that I hope we will, at least to a certain extent, be able to fulfil those rights of the child which we have all agreed to put as central to our Constitution. [Applause.]
Debate concluded. The Council adjourned at 16:52. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
FRIDAY, 27 SEPTEMBER 2002
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Social Development:
(a) Annual Financial Statements of the State President Fund, Social
Relief Fund, Refugee Relief Fund and the High School Vorentoe
Disaster Relief Fund for 2001-2002, including the Reports of the
Auditor-General on the Financial Statements for 2001-2002 [RP 204-
2002].
(b) Annual Report of the Central Drug Authority for the year ended
30 June 2002. 2. The Minister for Agriculture and Land Affairs:
Annual Report and Financial Statements of the Department of Agriculture
- Vote 24 for 2001-2002, including the Report of the Auditor-General on
the Financial Statements for 2001-2002 [RP 124-2002].
- The Minister of Water Affairs and Forestry:
(a) Government Notice No 727 published in Government Gazette No
23450 dated 31 May 2002: Prohibition on the making of fires in the
open air, the destruction by burning of slash and clearing or
maintenance of fire belts by burning and the execution of block
burns: Districts of (A) Ermelo, Eerstehoek, Carolina and Waterval-
Boven; (B) Piet Retief and Wakkerstroom, tabled in terms of the
Forest Act, 1984 (Act No 122 of 1984).
(b) Government Notice No 728 published in Government Gazette No
23450 dated 31 May 2002: Prohibition on the making of fires in the
open air, the destruction by burning of slash and clearing or
maintenance of fire belts by burning and the execution of block
burns: Soutpansberg Areas, tabled in terms of the Forest Act, 1984
(Act No 122 of 1984).
(c) Government Notice No 729 published in Government Gazette No
23450 dated 31 May 2002: Prohibition on the making of fires in the
open air, the destruction by burning of slash and clearing or
maintenance of fire belts by burning and the execution of block
burns: Districts of Nelspruit, White River, Pilgrim's Rest,
Lydenburg, Belfast, Waterval-Boven, Carolina and Barberton, tabled
in terms of the Forest Act, 1984 (Act No 122 of 1984).
(d) Government Notice No 730 published in Government Gazette No
23450 dated 31 May 2002: Prohibition on the making of fires in the
open air, the destruction by burning of slash and clearing or
maintenance of fire belts by burning and the execution of block
burns: Kwazulu-Natal, tabled in terms of the Forest Act, 1984 (Act
No 122 of 1984).
(e) Regulation No R 980 published in Government Gazette No 23636
dated 19 July 2002: Water Services Provider Contract Regulations,
made in terms of the Water Services Act, 1997 (Act No 108 of
1997).
(f) Government Notice No 1047 published in Government Gazette No
23711 dated 8 August 2002: Invitation to submit written comments
on the proposed National Water Services Strategy, in terms of
section 5(5)(a)(iii) of the National Water Act, 1998 (Act No 36 of
1998).
(g) Government Notice No 1069 published in Government Gazette No
23721 dated 16 August 2002: Proposal for the establishment of the
Inkomati Catchment Management Agency, Province of Mpumalanga,
Inkomati Water Management Area, tabled in terms of the National
Water Act, 1998 (Act No 36 of 1998).
(h) Government Notice No 1074 published in Government Gazette No
23721 dated 16 August 2002: Prohibition on the making of fires in
the open air, the destruction by burning of ground cover,
including slash, and the execution of block burns: District of
Letaba and Pietersburg, tabled in terms of the Forest Act, 1984
(Act No 122 of 1984).
(i) Government Notice No 1097 published in Government Gazette No
23775 dated 30 August 2002: Proposal for the establishment of the
Inkomati Catchment Management Agency, Province of Mpumalanga,
Inkomati Water Management Area, tabled in terms of the National
Water Act, 1998 (Act No 36 of 1998).
(j) Government Notice No 1145 published in Government Gazette No
23798 dated 6 September 2002: North West Water Supply Authority:
Change of name, made in terms of the Water Services Act, 1997 (Act
No 108 of 1997).
- The Minister for Provincial and Local Government:
Reasons for the Declaration of a State of Disaster in the Magisterial
Districts of Cala, Ugie, Elliot, Indwe and Barkly East: Eastern Cape
Province, in terms of section 2(4) of the Civil Protection Act, 1977
(Act No 67 of 1977).
MONDAY, 30 SEPTEMBER 2002
TABLINGS: National Assembly and National Council of Provinces:
Papers:
- The Minister of Home Affairs:
Annual Report and Financial Statements of the Department of Home
Affairs - Vote 4 for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 198-2002].
- The Minister of Arts, Culture, Science and Technology:
(a) Annual Report and Financial Statements of the Department of
Arts, Culture, Science and Technology - Vote 14 for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 and Volume 2 [RP 93-2001].
(b) Annual Report and Financial Statements of the Robben Island
Museum for 2001-2002, including the Report of the Auditor-General
on the Financial Statements for 2001-2002 [RP 203-2002].
(c) Report and Financial Statements of the Afrikaanse Taalmuseum for
2001-2002.
(d) Annual Report and Financial Statements of the Playhouse Company
for 2001-2002.
(e) Annual Report and Financial Statements of the Market Theatre for
2001-2002.
(f) Annual Report of the South African Blind Workers Organisation
for 2001-2002.
(g) Financial Statements of the South African Blind Workers
Organisation for 2001-2002.
- The Minister for the Public Service and Administration:
Annual Report and Financial Statements of the Department of Public
Service and Administration - Vote 10 for 2001-2002, including the
Report of the Auditor-General on the Financial Statements for 2001-
2002.
- The Minister of Correctional Services:
Annual Report and Financial Statements of the Department of
Correctional Services - Vote 19 for 2001-2002, including the Report of
the Auditor-General on the Financial Statements for 2001-2002 [RP 135-
2002].
- The Minister of Water Affairs and Forestry:
Annual Report and Financial Statements of the Department of Water
Affairs and Forestry - Vote 33 for 2001-2002, including the Report of
the Auditor-General on the Financial Statements for 2001-2002 [RP 187-
2002].
- The Minister of Sport and Recreation:
Annual Report and Financial Statements of the Department of Sport and
Recreation - Vote 18 for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002.
WEDNESDAY, 2 OCTOBER 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The following Bill was introduced by the Minister of Arts,
Culture, Science and Technology in the National Assembly on 1
October 2002 and referred to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160:
(i) Natural Scientific Professions Bill [B 56 - 2002]
(National Assembly - sec 75) [Explanatory summary of Bill and
prior notice of its introduction published in Government
Gazette No 23850 of 27 September 2002.]
The Bill has been referred to the Portfolio Committee on Arts,
Culture, Science and Technology 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. TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Report of the Auditor-General on the Appointment and Utilisation of
Consultants at certain National Departments and Provincial
Administrations [RP 122-2002].
- The Minister of Arts, Culture, Science and Technology:
Annual Report and Financial Statements of the South African Library for
the Blind for 2001-2002, including the Report of the Auditor-General on
the Financial Statements for 2001-2002.
- The Minister of Labour:
Annual Report and Financial Statements of the Policing, Private
Security, Legal, Justice and Correctional Services Sector Education and
Training Authority for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002 [RP 108-2002].
THURSDAY, 3 OCTOBER 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 3
October 2002 and referred to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160:
(i) Criminal Procedure Amendment Bill [B 57 - 2002] (National
Assembly - sec 75) [Explanatory summary of Bill and prior
notice of its introduction published in Government Gazette No
23848 of 18 September 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.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Report of the Auditor-General on the Late Submission of Material Audit
Evidence Supporting the Financial Statements of Vote 32 - Department of
Transport and Certain Transport-Related Entities [RP 196-2002].
- The Minister of Trade and Industry:
Report and Financial Statements of Ntsika Enterprise Promotion Agency
for 2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 119-2002].
National Council of Provinces:
- The Chairperson:
Committee of Enquiry into the Affairs of Tsantsabane Municipality -
Northern Cape Province.
Referred to the Select Committee on Local Government and
Administration.
COMMITTEE REPORTS:
National Council of Provinces:
-
Report of the Select Committee on Public Services on the Road Accident Fund Amendment Bill [B 27B - 2002] (National Assembly - sec 75), dated 25 September 2002:
The Select Committee on Public Services, having considered the subject of the Road Accident Fund Amendment Bill [B 27B - 2002] (National Assembly - sec 75), referred to it, reports that it has agreed to the Bill.
The Committee further recommends as follows:
That, whenever a position on the Board becomes vacant before the expiry of the term of office referred to in section 10(2)(c) of the principal Act, and the Minister elects to appoint any other competent person, as contemplated in section 10(1)(b), to serve for the unexpired portion of the term of office of the previous member, irrespective of when the vacancy occurs, the Minister be requested to consider an outstanding person or persons from the list of candidates recommended to him or her for possible appointment by the selection committee constituted in terms of section 10(9). MONDAY, 7 OCTOBER 2002 ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The following Bills were introduced by the Minister of
Intelligence in the National Assembly on 7 October 2002 and
referred to the Joint Tagging Mechanism (JTM) for classification
in terms of Joint Rule 160:
(i) Intelligence Services Bill [B 58 - 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.]
(ii) Electronic Communications Security (Pty) Ltd Bill [B 59 -
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.]
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 Joint Tagging Mechanism (JTM) on 6 October 2002 in terms of
Joint Rule 160(3), classified the following Bills as section 75
Bills:
(i) Insolvency Second Amendment Bill [B 53 - 2002]
(National Assembly - sec 75).
(ii) Administration of Estates Amendment Bill [B 54 - 2002]
(National Assembly - sec 75).
(iii) Natural Scientific Professions Bill [B 56 - 2002]
(National Assembly - sec 75). National Council of Provinces:
- The Chairperson:
(i) The following changes have been made to the membership of Joint
Committees, viz:
Constitutional Review
Appointed: Bhengu, M J.
Defence
Appointed: Bhengu, M J.
Ethics and Members' Interests
Appointed: Mashangoane, R P; Ralane, T.
Discharged: Nkuna, C.
Improvement of Quality of Life and Status of Women
Appointed: Kgoali, J L; Vilakazi, J N.
Intelligence
Appointed: Bhengu, M J.
FRIDAY, 11 OCTOBER 2002
ANNOUNCEMENTS: National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) Assent by the President of the Republic in respect of the
following Bills:
Mineral and Petroleum Resources Development Bill [B 15D - 2002] -
Act No 28 of 2002 (assented to and signed by President on 3
October 2002); and
Export Credit and Foreign Investments Insurance Amendment Bill [B
29B - 2002] - Act No 34 of 2002 (assented to and signed by
President on 1 October 2002).
(2) The Joint Tagging Mechanism (JTM) on 10 October 2002 in terms of
Joint Rule 160(3), classified the following Bills as section 75
Bills:
(i) Judicial Matters Amendment Bill [B 55 - 2002]
(National Assembly - sec 75).
(ii) Criminal Procedure Amendment Bill [B 57 - 2002] (National
Assembly - sec 75).
(iii) Intelligence Services Bill [B 58 - 2002] (National
Assembly - sec 75).
(iv) Electronic Communications Security (Pty) Ltd Bill [B 59 -
2002] (National Assembly - sec 75).
(3) The following Bill was presented by the Portfolio Committee on
Justice and Constitutional Development on 11 October 2002 (see
also under "COMMITTEE REPORTS"):
(i) Promotion of Access to Information Amendment Bill [B 60 -
2002] (National Assembly - sec 75).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Report and Financial Statements of the Special Investigating Unit for
2001-2002, including the Report of the Auditor-General on the Financial
Statements for 2001-2002.
- The Minister of Foreign Affairs:
Report and Financial Statements of the Department of Foreign Affairs -
Vote 3 for 2001-2002, including the Report of the Auditor-General on
the Financial Statements for 2001-2002 [RP 206-2002].
- The Minister of Finance:
Resolutions of the Standing Committee on Public Accounts for 2002 and
replies thereto obtained by the National Treasury - Second Report,
2002.
MONDAY, 14 OCTOBER 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Minister for Provincial and Local Government on 25 September
2002 submitted a draft of the Local Government Laws Amendment
Bill, 2002, as well as the memorandum explaining the objects of
the proposed legislation, to the Speaker and the Chairperson in
terms of Joint Rule 159. The draft has been referred to the
Portfolio Committee on Provincial and Local Government and the
Select Committee on Local Government and Administration by the
Speaker and the Chairperson, respectively, in accordance with
Joint Rule 159(2).
(2) The Minister of Environmental Affairs and Tourism on 30
September 2002 submitted a draft of the National Environmental
Management Amendment Bill, 2002, as well as the memorandum
explaining the objects of the proposed legislation, to the Speaker
and the Chairperson in terms of Joint Rule 159. The draft has been
referred to the Portfolio Committee on Environmental Affairs and
Tourism and the Select Committee on Land and Environmental Affairs
by the Speaker and the Chairperson, respectively, in accordance
with Joint Rule 159(2).
(3) The following Bill was introduced by the Minister for Provincial
and Local Government in the National Assembly on 14 October 2002
and referred to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160:
(i) Local Government Laws Amendment Bill [B 61 - 2002]
(National Assembly - sec 75) [Explanatory summary of Bill and
prior notice of its introduction published in Government
Gazette No 23864 of 27 September 2002.]
The Bill has been referred to the Portfolio Committee on
Provincial and Local Government 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.
(4) The following Bill was introduced by the Select Committee on
Land and Environmental Affairs at the request of the Minister of
Environmental Affairs and Tourism in the National Council of
Provinces on 14 October 2002 and referred to the Joint Tagging
Mechanism (JTM) for classification in terms of Joint Rule 160:
(i) National Environmental Management Amendment Bill [B 62 -
2002] (National Council of Provinces - sec 76) [Explanatory
summary of Bill and prior notice of its introduction published
in Government Gazette No 23910 of 4 October 2002.]
The Bill has been referred to the Select Committee on Land and
Environmental Affairs of the National Council of Provinces.
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.
(5) The Minister of Transport submitted the Wetsontwerp op Suid-
Afrikaanse Maritieme en Lugvaart-soek-en-redding [W 23 - 2002]
(National Assembly - sec 75) to the Speaker and the Chairperson on
14 October 2002. This is the official translation into Afrikaans
of the South African Maritime and Aeronautical Search and Rescue
Bill [B 23 - 2002] (National Assembly - sec 75), which was
introduced in the National Assembly by the Minister on 14 May
2002.
(6) The Minister of Transport submitted the uMthethosivivinywa
oyisiChibiyelo wokweNgamela ukuThathwa kweziNqumo ngamaCala
ezeNdlela [B 42 - 2002] (National Assembly - sec 76) to the
Speaker and the Chairperson on 14 October 2002. This is the
official translation into isiZulu of the Administrative
Adjudication of Road Traffic Offences Amendment Bill [B 42 - 2002]
(National Assembly - sec 76), which was introduced in the National
Assembly by the Minister on 29 August 2002.
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 paper is referred to the Select Committee on
Finance:
Annual Report and Financial Statements of the South African
Revenue Service for 2001-2002, including the Report of the Auditor-
General on the Financial Statements for 2001-2002.
(2) The following paper is referred to the Select Committee on
Security and Constitutional Affairs:
Annual Report and Financial Statements of the Independent
Complaints Directorate for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002 [RP 149-
2002].
(3) The following paper is referred to the Select Committee on
Public Services:
Proclamation No R 69 published in Government Gazette No 23849
dated 20 September 2002, Commencement of the National Railway
Safety Regulator Act, 2002 (Act No 16 of 2002), made in terms of
section 16 of the National Railway Safety Regulator Act, 2002 (Act
No 16 of 2002).
(4) The following paper is referred to the Select Committee on
Labour and Public Enterprises:
Report and Financial Statements of Denel (Pty) Limited for 2001-
2002.
(5) The following papers are referred to the Select Committee on
Local Government and Administration:
(a) Annual Report and Financial Statements of the Department
of Public Service and Administration - Vote 10 for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002.
(b) Report and Financial Statements of the State Information
Technology Agency for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002.
(c) Annual Report and Financial Statements of the Public
Service Commission for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002 [RP
153-2002].
(6) The following paper is referred to the Select Committee on
Social Services:
Annual Financial Statements of the President's Fund, Social Relief
Fund, Refugee Relief Fund and the High School Vorentoe Disaster
Relief Fund for 2001-2002, including the Reports of the Auditor-
General on the Financial Statements for 2001-2002 [RP 204-2002].
(7) The following papers are referred to the Select Committee on
Land and Environmental Affairs:
(a) Annual Report and Financial Statements of the Department
of Agriculture - Vote 24 for 2001-2002, including the Report
of the Auditor-General on the Financial Statements for 2001-
2002 [RP 124-2002].
(b) Government Notice No 727 published in Government Gazette
No 23450 dated 31 May 2002: Prohibition on the making of fires
in the open air, the destruction by burning of slash and
clearing or maintenance of fire belts by burning and the
execution of block burns: Districts of (A) Ermelo, Eerstehoek,
Carolina and Waterval-Boven; (B) Piet Retief and Wakkerstroom,
tabled in terms of the Forest Act, 1984 (Act No 122 of 1984).
(c) Government Notice No 728 published in Government Gazette
No 23450 dated 31 May 2002: Prohibition on the making of fires
in the open air, the destruction by burning of slash and
clearing or maintenance of fire belts by burning and the
execution of block burns: Soutpansberg Areas, tabled in terms
of the Forest Act, 1984 (Act No 122 of 1984).
(d) Government Notice No 729 published in Government Gazette
No 23450 dated 31 May 2002: Prohibition on the making of fires
in the open air, the destruction by burning of slash and
clearing or maintenance of fire belts by burning and the
execution of block burns: Districts of Nelspruit, White River,
Pilgrim's Rest, Lydenburg, Belfast, Waterval-Boven, Carolina
and Barberton, tabled in terms of the Forest Act, 1984 (Act No
122 of 1984).
(e) Government Notice No 730 published in Government Gazette
No 23450 dated 31 May 2002: Prohibition on the making of fires
in the open air, the destruction by burning of slash and
clearing or maintenance of fire belts by burning and the
execution of block burns: KwaZulu-Natal, tabled in terms of
the Forest Act, 1984 (Act No 122 of 1984).
(f) Regulation No R 980 published in Government Gazette No
23636 dated 19 July 2002: Water Services Provider Contract
Regulations, made in terms of the Water Services Act, 1997
(Act No 108 of 1997).
(g) Government Notice No 1047 published in Government Gazette
No 23711 dated 8 August 2002: Invitation to submit written
comments on the proposed National Water Services Strategy, in
terms of section 5(5)(a)(iii) of the National Water Act, 1998
(Act No 36 of 1998).
(h) Government Notice No 1069 published in Government Gazette
No 23721 dated 16 August 2002: Proposal for the establishment
of the Inkomati Catchment Management Agency, Province of
Mpumalanga, Inkomati Water Management Area, tabled in terms of
the National Water Act, 1998 (Act No 36 of 1998).
(i) Government Notice No 1074 published in Government Gazette
No 23721 dated 16 August 2002: Prohibition on the making of
fires in the open air, the destruction by burning of ground
cover, including slash, and the execution of block burns:
District of Letaba and Pietersburg, tabled in terms of the
Forest Act, 1984 (Act No 122 of 1984).
(j) Government Notice No 1097 published in Government Gazette
No 23775 dated 30 August 2002: Proposal for the establishment
of the Inkomati Catchment Management Agency, Province of
Mpumalanga, Inkomati Water Management Area, tabled in terms of
the National Water Act, 1998 (Act No 36 of 1998).
(k) Government Notice No 1145 published in Government Gazette
No 23798 dated 6 September 2002: North West Water Supply
Authority: Change of name, made in terms of the Water Services
Act, 1997 (Act No 108 of 1997).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Arts, Culture, Science and Technology: (a) Report and Financial Statements of the National Film and Video Foundation for 2001-2002, including the Report of the Auditor- General on the Financial Statements for 2001-2002 [RP 193-2002].
(b) Report and Financial Statements of the National Arts Council for
2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002 [RP 202-2002].
TUESDAY, 15 OCTOBER 2002
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The Joint Subcommittee of the Joint Programme Committee on 15
October 2002 took a decision, in accordance with Joint Rule
216(2), that the National Environmental Management Amendment Bill
[B 62 - 2002] (National Council of Provinces - sec 76) be fast-
tracked by, where necessary, shortening any period within which
any step in the legislative process relating to the Bill must be
completed, in order to make it possible for the Bill to be passed
by the adjournment of the current Parliamentary session.
In terms of Joint Rule 216(4) this decision must be tabled in both
Houses for ratification.
(2) The Minister of Trade and Industry submitted the
Wysigingswetsontwerp op Korporatiewe Wette [W 32 - 2002] (National
Assembly - sec 75) to the Speaker and the Chairperson on 15
October 2002. This is the official translation into Afrikaans of
the Corporate Laws Amendment Bill [B 32 - 2002] (National Assembly
- sec 75), which was introduced in the National Assembly by the
Minister on 12 August 2002.
National Council of Provinces:
- The Chairperson:
(1) Bill passed by National Council of Provinces on 15 October 2002:
To be submitted to President of the Republic for assent:
(i) Corporate Laws Amendment Bill [B 32B - 2002] (National
Assembly - sec 75).
(2) Message from National Assembly to National Council of Provinces:
Bills passed by National Assembly on 15 October 2002 and
transmitted for concurrence:
(i) Higher Education Amendment Bill [B 30B - 2002] (National
Assembly - sec 75) (referred to Select Committee on
Education and Recreation).
(ii) International Trade Administration Bill [B 38B - 2002]
(National Assembly - sec 76) (referred to Select Committee
on Economic and Foreign Affairs).
(iii) Agricultural Debt Management Amendment Bill [B 45 - 2002]
(National Assembly - sec 75) (referred to Select Committee
on Land and Environmental Affairs).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister for Provincial and Local Government:
Report and Financial Statements of the Department of Provincial and
Local Government - Vote 5 for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002 [RP 175-
2002].
- The Minister of Sport and Recreation:
Report and Financial Statements of the South African Sports Commission
for 2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002. COMMITTEE REPORTS:
National Council of Provinces:
-
Report of the Select Committee on Finance on the Collective Investment Schemes Control Bill [B 28B - 2002] (National Assembly - sec 75), dated 15 October 2002:
The Select Committee on Finance, having considered the subject of the Collective Investment Schemes Control Bill [B 28B - 2002] (National Assembly - sec 75), referred to it, reports that it has agreed to the Bill.
-
Report of the Select Committee on Finance on the South African Revenue Service Amendment Bill [B 36 - 2002] (National Assembly - sec 75), dated 15 October 2002:
The Select Committee on Finance, having considered the subject of the South African Revenue Service Amendment Bill [B 36 - 2002] (National Assembly - sec 75), referred to it, reports that it has agreed to the Bill.