National Council of Provinces - 08 November 2002
FRIDAY, 8 NOVEMBER 2002 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 09:39.
The Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
The CHAIRPERSON OF THE NCOP: Hon members, I have been informed that the Whips have agreed that there should be one debate on the first, second, third and fourth Orders of the Day.
INTELLIGENCE SERVICES CONTROL AMENDMENT BILL
NATIONAL STRATEGIC INTELLIGENCE AMENDMENT BILL
INTELLIGENCE SERVICES BILL
ELECTRONIC COMMUNICATIONS SECURITY (PTY) LTD BILL
(Consideration of Bills and of Reports of Select Committee on Security and Constitutional Affairs thereon)
The CHAIRPERSON OF THE NCOP: It is now my pleasure to call upon the hon the Minister for Intelligence, Dr Sisulu. I think it is your first time in this House.
The MINISTER FOR INTELLIGENCE: Madam Chair, yes, it is, and I come here and find that the décor is so much improved. It could only have been you who had a hand in this and I must congratulate you. [Laughter.] [Interjections.]
Madam Chair, how do I deal with my chair? [Laughter.] [Interjections.]
We have come to an agreement with the ad hoc committee. I have been given to understand that we will deal with all four Bills at once. The short titles of the Bills have been read out, and they constitute two amending Bills and two new Bills. I will start with the Bills that seem to have attracted some attention over the past two weeks, namely the Intelligence Services Control Amendment Bill and the Electronic Communications Security (Pty) Ltd, or Comsec, Bill.
Historically we have found in Parliament that amending Bills are necessitated by a desire to rectify certain problems that we experience in governance from time to time. The amending Bills that we bring to this House today are no different.
The first Bill, the Intelligence Services Control Amendment Bill, seeks to
bring amendments to legislation which we brought before the House in 1994.
It is important from the outset to contextualise the origins of the
principal Act. From the security perspective, one of our major concerns as
Government was to exercise effective control over the intelligence
services. Hon members will note, even from the title of the Bill, that we
still use the good old-fashioned word control'' instead of oversight’’,
because that is indeed what we intended to do right from the outset. What
we did was to borrow from the best practice of governments that had had
democracy and oversight for several decades. We put these together and came
up with our own version of oversight. This resulted in the Joint Standing
Committee on Intelligence and the Office of the Inspector-General.
Over time we have had the opportunity to test both these institutions of oversight. We have found that in the case of the JSCI we need to increase its powers to allow it to have complete oversight over the services. This, we hope, will include oversight over the budget of the services as well. This was deemed necessary because the security clearance of the committee gives it unlimited powers of scrutiny over the services - the kind of powers that, unfortunately, Scopa does not have and could not possibly have.
In conjunction with the two parliamentary legal advisers, Scopa, the Joint Standing Committee on Intelligence, the Auditor-General and members of my own office have been in consultation for a period of over six months now, I believe, to see how we can resolve this problem and ensure that there is maximum scrutiny over the budgets of the intelligence services.
I have been advised that the parliamentary legal adviser who sat on this panel has put together an amendment to the Rules of Parliament to ensure that this is possible. I am made aware, Madam Chair, that the amendments have been brought to your attention since. I have them here and I will have the pleasure of passing them on to you. However, the amendment that we bring forward now is a joint effort of Scopa, the Joint Standing Committee on Intelligence, my office, two legal advisers of Parliament and the Auditor-General’s office. I have also been advised that the chairperson of the joint standing committee had extensive discussions with Madam Speaker over this matter, explaining the need for this amendment. This I put before the House as a record of what has happened that has necessitated the amendments to the Bill.
The second aspect that we seek to amend in this Bill is that the Inspector- General’s office needed to be given the necessary vamping up. The Bill, in its original form, was very vague on the functions of the Inspector-General
- the reporting and lines of control that the Inspector-General deals with, lines of accountability and all other related matters.
Having taken stock over the past six years, we have found that this is an unworkable situation and, as members know, we have lost quite a number of inspectors-general because of the vagueness of some of these areas. We have sought now to rectify this and give the Inspector-General very clear lines of accountability and guidelines on what his functions are. We are hoping that after this that we might even invite some of the members here to apply for the position of Inspector-General, now that we have rectified the problem.
The second Bill that we bring before this House is the Electronic Communications Security (Pty) Ltd Bill, which we refer to as Comsec. Those members who saw The Star on Tuesday would have found a very interesting article on hacking, and I will read just some parts of it. The headline is: ``South African website hackers tracked to Brazil.’’ The article deals with the attack on 25 South African websites over two weeks by hackers, some of whom were traced to France and Brazil. The article points out that, and I quote:
It is difficult to estimate the damage done by these hackers. Every website that was attacked has to be redesigned, and this could cost between R5 000 and R20 000 to do. This, however, doesn’t take into account the damage done to the reputation of these companies, some of which offer e-commerce services.
This could have been directed against any organ of state. Imagine what would then have been done to the integrity of our systems, had this hacking been possible. Imagine how this would have compromised national security. This possibility presents us with a clear and present danger, made more sinister when one considers the madness of certain elements within our society bent on destabilisation and terror. Our responsibility as the intelligence community is to ensure that we do not leave any loophole as far as our national security is concerned. We have therefore resolved that we will secure all Government electronic communication.
The Bill before us therefore seeks to do just this: as Government communicates, as Government stores its information electronically and as I deliver my speech through your computers here, Madam Chair, that information is secured. This is what we seek to do with the Bill.
In our deliberations with the ad hoc committee of this House and that of the National Assembly, however, we noted the concerns that had been raised over this Bill. The provision of national security is a pivotal core business for Government. This function requires innovation and creativity and a steady supply of resources, both human and financial. When it comes to technology, it is made even more costly, as technology changes at breakneck speed. To ensure that we are able to provide national security at a cost-effective rate, we have sought to create this company known as Comsec.
The functions of Comsec (Pty) Ltd are, amongst others, to protect Government’s critical electronic communication against unauthorised access or other unrelated technical threats. For purposes of these functions, Comsec Ltd will develop, design, procure, install and maintain secure electronic communication systems for Government. It will provide cryptographic services. It will train and support users of the electronic communication system, its products and related services.
In consultation with the National Intelligence Agency, Comsec will provide verification services for electronic communication security systems, products and services used by Government and state organs. All Government departments and organs of state will have to procure and access electronic communication products and systems with the verification and approval of this company. However, should any departments of state wish to be exempted from this legislation, they will be required to make application to the Minister.
The affairs of Comsec Ltd will be managed by a board of directors appointed by the Minister. Comsec Ltd will be financed from the fiscus and from moneys received for services provided to organs of state. In addition, Comsec will be able to buy shares so that it can raise the necessary funds to fulfil its mandate without burdening the state.
While it is at its developmental stage, it will be subsidised by the state. The appropriation of the budget will be in the same manner as that of the secret services. It should be noted that Parliament, including this Council, will have full scrutiny over the activities of this company through the Joint Standing Committee on Intelligence.
The third Bill is the new Intelligence Services Bill. The original Intelligence Services Act was promulgated in 1995, establishing the National Intelligence Agency, as we know it now, and the SA Secret Service through a process of integration of the six former statutory and nonstatutory intelligence services. However, since the inception of the intelligence dispensation in 1995, there has been no consistent order that governs the intelligence dispensation. Whilst the intelligence services were excluded from the broad Public Service Act, they were also excluded from the Labour Relations Act and thus fell outside of the ambit created to encompass the public service.
This, in essence, is the purpose of the Bill: to ensure that there is a way in which the intelligence services are brought into line with other structures that are employed by Government. The Bill in this way, therefore, addresses five main issues, the first of which is the recognition of service by members of the nonstatutory forces. Had it not been for the hard work and sacrifice of men and women who were part of the liberation movements of South Africa, we would not be where we are today. However, the playing field for the nonstatutory forces has not been level. The Bill seeks to acknowledge the services of former members of nonstatutory forces by providing pensions that take the entirety of their years of service into account. The Bill provides for a cut-off date of 31 March 2004 for the availability of this benefit. If there is any member here who wishes to make application, please note the cut-off date. Madam Chair, I believe you are too young to take advantage of this. [Laughter.]
The CHAIRPERSON OF THE NCOP: Don’t be too sure!
The MINISTER: The second aspect that we seek to address in this Bill is to provide an Intelligence Services Council on Conditions of Service. The Bill provides for the creation of a council whose job it is to regulate and standardise the conditions of service of the intelligence services. In short, the council will be, for the intelligence services, what the Public Service Commission is to the Public Service.
The third aspect we seek to regulate by means of the Bill is the creation of lifelong membership of the intelligence services. This is an ideal that we strive for, and we do this by ensuring that we can retain all those officers that have been trained and into whose training we have put so much effort. This will ensure cohesion, continuity and mentorship of new members. This has led us to the realisation that the formal retirement age of 60 for the intelligence services is no longer suitable. We therefore seek to extend the retirement age to 65.
The fourth aspect that we seek to regulate is the creation of a South African National Academy of Intelligence. The Bill seeks to regulate the establishment of the intelligence academy, which will provide intelligence training for the South African intelligence services. The academy will give our cadres the skills and expertise that we hope will give them an edge over their international competitors. We also hope to start preparing the future intelligence cadres and cadets through the intelligence academy.
I need to add that the academy also hopes to train members of the SA Police Service criminal investigations arm. We also hope to train SANDF members that are going through intelligence training. We also hope to train the Scorpions and other related arms of state that deal with the collection of information.
Finally, the Bill seeks to restrain the trade of former members of the intelligence services, and it seeks also to regulate how and when they may disclose information. They may not disclose classified information which is prohibited without the approval of the Director-General. They will be restricted from employment in the security industry for a period of up to three years after they terminate service with us, unless permission is granted by the Director-General. They will be prohibited from communicating with associates or members of the intelligence services in a manner that is likely to undermine national security.
The final Bill is the National Strategic Intelligence Amendment Bill. The tragic events of 11 September 2001 in the United States of America have brought home to all intelligence services the danger of unco-ordinated intelligence. Learning from this experience and our own shortcomings, we decided to take stock of our own interagency co-operation and co- ordination. We conducted a review of Nicoc, which is the National Intelligence Co-ordinating Committee established in 1995. The review led us to the identification of the following inadequacies: a lack of consistent co-operation between Nicoc members and other departments supplying intelligence to the state; a lack of common understanding by these members of exactly what we mean by ``intelligence activity’’; and a lack of understanding and proper execution of the mandates of the intelligence services.
The amendment therefore seeks to rectify all these weaknesses and, amongst other things, to strengthen the legal mandate of Nicoc and to provide for the SAPS to co-ordinate crime intelligence and to supply crime intelligence relating to national strategic intelligence through Nicoc. Further, the Bill seeks to ensure, amongst other things, that security clearance investigations can be conducted and provides for the protection of information.
In conclusion, I would like to thank all those members of the ad hoc committee that have worked very hard to ensure that we are able to bring these Bills here today. I do know that it has been a very difficult two weeks for them to try to understand what it is that we have been doing in the past eight years and make sure that that which needs to be rectified is properly rectified, and to also understand the nature of the environment that intelligence services operate in. However, it is quite clear today that this has been done with a speed that is admirable and I would like to thank the members of the ad hoc committee. I would like to thank you too, Madam Chair, for the interest you have taken in ensuring that, in fact, our laws are within the Rules of this House. [Applause.]
Kgoši M L MOKOENA: Mohlomphegi Modulasetulo le maloko ao a hlomphegago, lehono re tlile go bolela ditaba tše kgolo. Bjaleka ge Tona a šetše a boletše, re tlo ahlaahla Melaokakanywa ye mene ka nako ye tee.
Ke tla thoma ka Molaokakanywa wa Intelligence Services Bill, wo o hlomago seo se bitšwago National Intelligence Agency. Efela re gopoleng gore tšeo ka moka di hlongwa ke Mopresidente. Tšona di tlo etelwa pele ke mongwaledi- pharephare wa kgoro le bathuši ba gagwe. Bona ba dumelelwa go ka thwala bašomedi go ba thusa gore morero wa kgoro o sepele gabotse.
Gape Molaokakanywa wo o hlagiša gore go nyakega gore bašomedi ba lefapha le, bao mengwaga ya bona e fetago 60, ba ntšhwe mešomong ka gore ba tšofetše. Efela, Tona o filwe maatla a gore ge a bona gore motho o na le bokgoni bjo bo itšego, e le gore o fihlile mengwaga ye 60, a ka mo okeletša ka mengwaga ye mengwe ye mehlano. Go pala kae? Ga go pale!
Gape re hloma seo se bitšwago SA National Academy of Intelligence. Yona e tlo thu ša go hlahla maloko lefapheng leo, le go bona gore a šoma ka bokgoni bjoo mmušo o bo nyakago, gomme e tlo etwa pele ke yo a bitšwago gore ke Hlogo ya Ditirelo tša Bohlodi. Le yona e hlongwa ke Mopresidente.
Gape go na le seo se bitšwago gore ke Komiti-keletši ya Tona go tša tlhatlho. Ke yona e lego maahlo le ditsebe tša mmušo, go thusa gore kgoro e tsitsinkele bao ba lekago go re tla ka fase. Batlhankedi ba lefapha le ba dumeletšwe go dira tše di latelago: Ba ka no phuruphutša mo motho a dulago gona; ba ka theeletša gore motho o bolela le mang, neng, bjang. Ge ba gononwa gore motho e ka ba segataborokgwana, ba ka thopa phaahlo ya gagwe ge ba rata. Efela seo se ka dirwa ka tumelelo ya moahlodi, e sego ka boithatelo bja batlhankedi bao.
Gape ge ba nyaka go topa ditaba tša motho, ba ka mo theeletša le go mo šala morago tekano ya dikgwedi tše tharo ka go latelelana. Ge ba sa kgotsofale gore ba humane molaetša, ba ka no oketša nako gore ba mo theeletše gobane dinokwane di bohlale matšatši a. Efela le bona batho bao ba nyakišišago motho re a ba tsitsinkela go bona gore a le bona ba hlwekile na ka gore motho a ka se ke a šoma lefapheng leo e le gore le yena diatla tša gagwe di nkga madi. Pele ga ge motho a thwalwa lefapheng le, ge re sa tshephe gore o bolela nnete, re šomiša se se bitšwago polygraphy test.
Malebana le t[s]a kamano ya bašomi, maloko a a tseba gore bašomedi ba mmušo ka moka ba dumeletšwe go gwanta, go gwaba le go ngala mešomo. Bao ba šomago lefapheng le ga ba dumelelwa go dira tšeo gobane ke bona ba swerego diphiri tša mmuš o. Efela mohlomphegi Tona o logile maano a gore go be le ka mokgwa wo bona, ge ba na le dingongorego, ba ka kgonago gore ba ba theeletše ka gona.
Ge motho a ka dumela go thwalwa lefapheng le, o swanetše go tseba gore o šoma go-ya-go-ile - diiri tše masomepedinne. Ge Tona goba e mongwe wa bagolwane ba lefapha le a mo nyaka, o swanetše go tseba gore le ka masa a ka no nyakega gore a tle a thuše mmušo ge o na le seo o se gononwago.
Bašomedi ba lefapha le ga ba dumelelwa gore ba bolele le batho ba bangwe bao ba sa swanelago go kwa diphiri tša mmušo. Ge motho a ka dira bjalo, a tsebe gore ga gabo ke thabeng.
Bjale ke tsena go Molaokakanywa wa National Strategic Intelligence Amendment Bill. Wona o hloma seo se bitšwago gore ke National Intelligence Co-ordinating Committee yeo ba bantšhi ba e tsebago ka la Nicoc. Yona e leka go kgomaganya le go kopanya tšeo di lego mo lefapheng le, gape le go kgetha motlhatlhi lefapheng le. Mošomo wa batlhankedi bao ke go lebelela seo se ka kwišago mmušo bohloko. Le bona ba na le maatla a go nyakolla le go tsitsinkela motho.
Ke a bona gore bjale ke šaletšwe ke metsotso ye mehlano. Bjale ke fetela go Electronic Communication Security, yeo mohlomphegi Tona a e beilego gabotse ka bokgwari le botswatswadi. Yona e thuša gore go se be le motho yo a nago le maswanedi a go topa ditaba tša mmušo a se a fiwe maswanedi. Gape ga go na yo a nago le maatla a go topa ditaba tša motho fela a se a fiwe tumelelo. Eupša bona ba na le maatla a gore ba tope seo motho a se bolelago. Bjaloka ge mohlomphegi Tona a boletše, Comsec ye ga e dire kgwebo eupša e direla mmušo. Ka gona, go ka makatša ge go thwe le yona e lefe motshelo go swana le mang le mang, goba e nyake dilaesense ka gore yona ga e dire kgwebo e bile ga e dire poelo. Le yona e ka kgona go dira dinyakišišo ge motho a bolela.
Ke a bona bjale ke šetše ka metsotso ye mene, gomme ke tšwela pele. A ke fe mohlala ka mohlomphegi Mopresidente wa Naga. Anke le nagane ka ge le nyaka gore Mopresidente a kgopele laesense ge a e tšwa a swere seboledi-ka-sona, e ka ba sa go llela-potleng goba se sengwe seo e lego gore ga se šomišwe ke ba kgoro ye. Ke ka baka leo Mopresidente a swanetšego go lokologa gore ge a nyaka go bolela le mafase a mangwe, go se be le yo a kwago gore Mopresidente o bolela eng le mang, neng.
Bjale ke rata go tsena go dingongorego tše dingwe tše dinyenyane tšeo batho ba llago ka tšona. Go bile le kgonono ya gore batho ga ba tshephe gore e ka ba baahlodi bao ba tlago be ba šoma ka mošomo wo ba tlo botega na. [Nako e fedile.]
MODULASETLO WA NCOP: Tšielala! Metsotso ka Sepedi e metona; ka sekgowa ke ye menyenyane. [Disego.] [Legofsi.] [Nako e fedile.] (Translation of Sepedi paragraphs follows.)
[Kgosi M L MOKOENA: Hon Chairperson and hon members, today we are going to discuss some important matters. As the hon the Minister has said, we shall be discussing four Bills simultaneously.
We shall start with the Intelligence Services Bill, which seeks to establish the National Intelligence Agency. We must, however, bear in mind that the establishment of all these structures must be authorised by the President and be headed by the Director-General of the department and his or her deputies, who may be authorised to appoint members to help in the attainment of this department’s objectives.
Furthermore, the Bill provides that employees of the intelligence services who have attained the age of 60 years should be retired, because they are old. However, the Minister is allowed to extend the years of service of an employee who has attained the age of 60 years and who has some special skills by a further period of five years, if he or she so wishes. Is there any complaint about that? There is none!
We are also hereby establishing the SA National Academy of Intelligence, which must provide training for employees and see to it that they are in a position to perform their duties efficiently. The academy will be headed by the head of intelligence services and is also appointed with the concurrence of the President.
The Ministerial Advisory Committee on Training, which is ``the eyes and ears’’ of the Government, will help in the detection of some underground activities that may be harmful to the state. Members of this committee are authorised to perform the following duties: Conduct searches on the premises of a suspect; intercept the communications of a suspect, and if they deem it necessary, they may seize the suspect’s property. However, these can only be authorised by a designated judge, and is not to be done at their own discretion.
If members of this department want to monitor a suspect’s communications, they may do so by applying for an interception order that is valid for three consecutive months. If they are not satisfied with the intelligence material they may have gathered about the suspect within that period, they may extend the period of validity of the order to enable them to further monitor a suspect, because criminals are too clever these days. It must be emphasised that the officials who are assigned the duty of gathering intelligence about suspects are themselves screened to ensure that they are clean, because no one can work for this department with blood on his or her hands. Before a member can be employed in this department, he or she is subjected to a polygraph test.
With regard to labour relations, these members know that all public servants have the right to engage in marches, demonstrations, protest action and strikes. However, members of this department may neither strike, nor demonstrate, nor engage in any work stoppages because they hold key secrets of the state. The Minister has made provision for internal rules to deal with their complaints, grievances and consultation on conditions of service and human resources within the intelligence services.
An employee of this department knows that he or she is required to work round the clock - 24 hours a day. When the Minister or a senior official of the department needs his or her services - whether or not this is in the odd hours of the morning - he or she must be ready to avail himself or herself of helping the state.
Employees of this department may not divulge any information to people who have no right to know the secrets of the Government. Woe betide one who ever does this!
I now want to focus on the National Strategic Intelligence Amendment Bill, which provides for the establishment of the National Co-ordinating Committee, otherwise known as Nicoc. This committee seeks to integrate and co-ordinate intelligence structures and to appoint a co-ordinator of intelligence. The function of these officials is to gather and supply intelligence and to identify threats or potential threats to the security of the state. They also have powers to investigate and monitor a suspect.
I am aware that I am left with five minutes. Let me now touch on the Electronic Communications Security (Pty) Ltd Bill, which the hon the Minister has so eloquently explained. Comsec prohibits any person who has no right to intercept Government’s communications from doing so. Furthermore, no individual has the right to intercept another’s communications without the consent of that person. However, officials of this department have the right to monitor a suspect. As the Minister has said, Comsec is a nonprofit-making structure that serves the Government. Therefore, it would be surprising if it is suggested that it should pay tax like any other company or that it should apply for tax exemption as it does not engage in business or make any profit. Comsec can also intercept a communication.
I am aware that I am now left with four minutes, and I am going on. Let me give an example about the hon the President in this regard. Just imagine him having to apply for an exemption for a communication device such as a cellular phone or any other device used by this department when he travels abroad. That is the reason why the President should be exempt so that when he speaks with his counterparts abroad, no one should ever hear what they are talking about.
Allow me now to focus on some petty concerns raised by some people with regard to these Bills. Doubts have been raised as to whether the designated judges appointed to do this job would be trustworthy.
The CHAIRPERSON OF THE NCOP: Order! Minutes in Sepedi are many; in English they are few. [Laughter.] [Applause.]]
Mr J L THERON: Chairperson, I hope you are going to be soft on me and accommodate me, because I am the only opposition speaker and I have four Bills to deal with in four minutes. Please give me a fair chance. [Interjections.]
Agb Voorsitter, Minister en kollegas, in die moderne wêreld waarin ons vandag leef, is intelligensie en teenintelligensie uiters noodsaaklik om die staat en die bevolking teen veral terrorisme te beskerm.
Voorbeelde van terrorisme is vandag alombekend, en hier kan byvoorbeeld genoem word die aanvalle op die Wêreldhandelsentrum in New York op 11 September 2001, die ontploffing op Bali, die Moskouteatertragedie en selfs hier by ons in ons eie land, die bomontploffings in Gauteng net ‘n kort rukkie gelede.
Ons van die DP veroordeel alle dade van terrorisme ten sterkste en versoek dus dat die magte van wet en orde alles moontlik sal doen om die bomplanters voor die howe te bring. Dit wys weer eens op die belang van teenintelligensie en dit is waaroor hierdie vier wetsontwerpe gaan. (Translation of Afrikaans paragraphs follows.)
[Hon Chairperson, Minister and colleagues, in the modern world in which we live today, intelligence and counter-intelligence are extremely necessary to protect the state and the people, especially against terrorism.
Examples of terrorism are common knowledge today, and here I can name for example the attacks on the World Trade Centre in New York on 11 September 2001, the explosion in Bali, the Moscow theatre tragedy and even here in our own country, the bomb explosions in Gauteng not so long ago.
We from the DP strongly condemn all acts of terrorism and therefore request that the powers of law and order will do everything within their means to bring the bomb-planters to court. It once again points to the importance of counter-intelligence and that is what these four Bills are about.]
Regarding the Intelligence Services Control Amendment Bill, the DP welcomes
the name change from control'' tooversight’’. The responsibility for
the financial oversight of the intelligence services is a big
responsibility and may require expertise within the Joint Standing
Committee on Intelligence.
We welcome the appointment of one Inspector-General for all the services. The functions allocated to this post are very substantial, and the Minister and the JSCI must make very sure that the person who is appointed is a fit and proper person, has stature in the country, undisputed integrity, acceptable academic qualifications and a vast amount of managerial experience.
Oor die Wetsontwerp oor Intelligensiedienste wil die DP graag die Suid- Afrikaanse Nasionale Akademie van Intelligensie beklemtoon. Hierdie is ‘n baie noodsaaklike positiewe ontwikkeling en die Akademie sal geregistreer word by die Suid-Afrikaanse Kwalifikasiesraad of SAQA, soos alombekend. Hier moet verseker word dat die regte persoon aangestel word as die hoof van dié Akademie. Die persoon moet ervare wees in die bestuur van ‘n opleidingsinstansie, die bestuur van opleiding, goeie administrasie en die selektering van die regte personeel. Hierdie moet beslis nie baantjies vir boeties of ‘n ``jobs for pals’‘-aanstelling wees nie. Die DP steun graag hierdie wetsontwerp. (Translation of Afrikaans paragraph follows.)
[Regarding the South African Intelligence Services Bill, the DP would like to really emphasise the South African National Academy of Intelligence. This is a most essential positive development and the Academy will be registered by the South African Qualifications Authority, or SAQA, as it is commonly known. Here it must be ensured that the right person is appointed as the head of this Academy. The person must be experienced in managing a training institution, in training management, sound administration, and in the selection of the right personnel. This must certainly not be seen as nepotism or as a jobs-for-pals appointment. The DP gladly supports this Bill.]
But then we come to the National Strategic Intelligence Amendment Bill. In this Bill we want to make reference to the National Intelligence Co- ordinating Committee, or Nicoc. This committee has the important responsibility of co-ordinating all intelligence gathered by the National Intelligence Agency, the SA Secret Service, the defence intelligence division and the crime intelligence division of the police.
Co-operation and co-ordination among these services are essential for Nicoc to meet its obligations. Information should be fed into the Nicoc system daily which, in turn, must produce a national intelligence estimate of the situation in South Africa and the countries which have an influence on us.
The DP objects to the reference to organs of state as used in clause 3 of the Bill. ``Organ of state’’, as defined in section 239 of the Constitution, is not restricted to state departments and includes many other functionaries such as the Law Society of SA and other private companies. I do not think this was the intention of the legislator. Security clearance of all people in all organs of state is totally impractical and impossible. The DP will oppose this Bill. [Interjections.]
We now come to the Electronic Communications Security (Pty) Ltd Bill - the
Chocolate Bill'' as it was called in the committee - or the Comsec Bill.
I will come to why it was called theChocolate Bill’’. The purpose of the
Bill is to provide for the establishment of a private company that will
provide electronic communications security products and services to organs
of state, and to provide for matters connected therewith.
Questions that come to mind are the following: Why do we have a separate establishment? Why a private (Pty) Ltd company solely owned by the state? Why cannot one of the existing intelligence services be given the responsibility as a separate substructure within its organisation? It is a company subsidised by the state, yet it is mandated to buy shares in any other company and may even acquire the majority of shares and control of a company that does not necessarily manufacture security products. This is where the chocolate joke comes in. It can even take over a chocolate company. I hope the Minister and the state will not get chocolate on their faces because of this. [Laughter.]
Comsec is also exempt from the broadcasting and telecommunications legislation and, under certain conditions, from the Companies Act. In clause 17 we again have reference to ``organ of state’’ and its implications. There are too many questions left unanswered.
Parastatals and private companies have repeatedly expressed their concern that Comsec, which is a state-owned company, will be encroaching on their functions and products. Telkom, Vodacom, MTN and Cell C will surely experience problems with this Bill. The DP will definitely oppose this Bill. [Interjections.] [Applause.]
The CHAIRPERSON OF THE NCOP: Order! I am glad to note that members are now awake. We can now allow Mr Mkhaliphi to address us.
Mr B J MKHALIPHI: Chairperson, hon members, the ongoing worldwide revolution in electric communications technology is producing new challenges for our Government in its endeavours to protect its electronic communications systems.
This necessitates the re-examination of our existing electronic communications security policies and strategies to determine whether they are still capable of protecting our nation against the threats posed by hackers and criminals, many of whom are experts in circumventing electronic communications systems.
At the moment South Africa does have adequate systems in place to protect state information. Although we have not experienced the same kind of disruptions which other countries have suffered at the hands of so-called cyberterrorists, we are not invulnerable to hostile hackers. We need, therefore, to tighten up our electronic communications security systems to make us less vulnerable, so as to ensure that we continue uninterrupted with the task of creating a better life for our people.
The Electronic Communications Security (Pty) Ltd Bill, or the Comsec Bill, is an attempt to ensure that we make ourselves less vulnerable to breaches of our electronic communications security systems. The Bill seeks to set up a company to provide secure electronic communications systems to Government. The company’s aim is to protect and secure the state’s electronic communications from unauthorised access or other related technical or electronic threats.
The company will also provide verification services for electronic communications security systems, products and services used by organs of state. This will prevent organs of state from procuring inferior products or services which may compromise the security of its communications.
In addition, Comsec will be required to co-ordinate research and development with regard to electronic communications security systems, products and services. Many countries cannot afford the latest electronic communications security products and equipment, which basically forces them to use inferior products, with dire consequences for the protection of valuable state information.
The benefit, therefore, of having a company such as this, is that it will provide a one-stop shop in which all aspects relating to electronic communications security can be dealt with. This will enable Comsec to specialise only in the security matters of electronics. [Interjections.] Cosmec will not threaten well-placed businesses in which my colleague might have some personal interests. [Interjections.] [Laughter.]
Together with the State Information Technology Agency, having Cosmec will ensure that the state not only has a security system, but one that is co- ordinated, affordable and which specialises in the fields for which it was created. This will also ensure uniformity in terms of the procurement of electronic communications security-related products and services, because all departments and organs of state will be compelled to consult Comsec before purchasing or installing any electronic communications product or system.
We need not pay that much attention to the concerns supposedly of stakeholders or service providers, because we held public hearings in which we ourselves heard from these stakeholders. This directs a question then to the hon member who is now raising this concern: on whose mandate is he talking? Who are these stakeholders? This debate does not have any politics or business principles in it, neither does it qualify as an academic debate. In fact, I am wasting my time by commenting on that. [Applause.]
UMntwana B Z ZULU: Sihlalo, malungu ahloniphekile, mhlonishwa uNqqongqoshe, nina beSilo … [Chairperson, hon members, hon Minister, you of His Majesty … ] Minister, there are two civilian intelligence structures in South Africa - the National Intelligence Agency, the NIA, and the SA Secret Service, the SASS. The NIA’s mission is to proactively, professionally and impartially manage and provide the Government with domestic intelligence and counter-intelligence in order to enhance national security and defend the Constitution, the interests of the state and the wellbeing of the people of South Africa.
The Secret Service serves as the foreign intelligence department of the Government. Its mission is to conduct intelligence in relation to external threats, opportunities and other issues that could affect the interests and wellbeing of South Africa, with the aim of promoting the national and security interests of the country and its citizens.
Section 210 of the Constitution of the Republic of South Africa, 1996, provides for the appointment of an Inspector-General who will monitor the operational intelligence activities and intelligence services.
The Intelligence Services Control Amendment Act of 1999 proposed the alignment of the functions and conditions of service of the Inspector- General with those of the public prosecutor, as required by the Constitution. That Act also changed the procedure of appointment of members of Parliament to the Joint Standing Committee on Intelligence and provided for a security clearance of members based on proportional representation.
The Act has proved to be inadequate with regard to oversight of the financial activities of the services. It was also apparent that the functioning of the office of the Inspector-General had no clear guidelines of accountability. The functions of the Inspector-General were vague and the appointment of personnel was not clearly regulated.
The Bill before us today seeks to address the inadequacies brought about by the Act by, firstly, changing the name of the Act to ``Intelligence Services Oversight Act, 1994’’. The Bill also gives the Joint Standing Committee on Intelligence sole responsibility for the financial oversight of the intelligence services.
In addition, this Bill regulates the appointment of one Inspector-General for all the services, and regulates the termination of service and removal of office of the Inspector-General, and the Inspector-General will only monitor the intelligence and counter-intelligence functions of the services. [Applause.]
Ms J L KGOALI: Chairperson, hon Minister, comrades and colleagues, the transformation of intelligence in our country is not merely a matter of organisational restructuring, but also of defining the mission, focus and priorities of intelligence so that it can support the Government’s programme of fundamental social transformation.
This is not an easy transition for intelligence, particularly in South Africa where intelligence was intrinsically linked to the minority government’s efforts to contain the struggle for liberation. Intelligence almost exclusively focused on securing the physical survival of the apartheid state.
The advent of democracy in South Africa saw the evolving of a new concept of security. Security has come to be understood in more comprehensive terms to correspond with new realities since the end of the apartheid era.
Security is now conceived as a holistic phenomenon, and incorporates political, social, economic and environmental issues. It goes beyond achieving the absence of war to encompassing the pursuit of democracy, sustainable economic development and social justice. These key features of the new security thinking have also become an integral part of the way in which intelligence is viewed in our postapartheid society.
This is evident from the words of the hon Minister for Intelligence. During a parliamentary briefing session in August this year she said, and I quote:
The Ministry for Intelligence Services has, as part of the programme of Government, been involved in initiatives aimed at pushing back the frontiers of poverty and alleviating the plight of the most vulnerable members of our society. To this end, we have reviewed our capacity to produce relevant, timely, user-friendly intelligence that informs Government decision-making. This is the expression of the new national security doctrine of ensuring that our people are free from want and fear as is captured in the White Paper on Intelligence.
There is no doubt that our intelligence services play a very important role. They must help Government to promote regional and continental peace and stability; support and promote national policies and strategies; contribute to and protect our economic growth and wellbeing; and strengthen our efforts against trafficking, terrorism, sabotage and subversion.
I am sure this is going to help my colleague the hon Theron to really come to his senses. When a Minister comes to this House, he or she states very clearly what the aims and objectives are of a particular Bill, and this is what the hon Minister has said. One hopes that one day the DP will come to its senses. [Interjections.]
The rapid advance of globalisation has also brought about many new challenges for our intelligence services, which necessitate the improvement of skills and tradecraft of our members. The Intelligence Services Bill is one of the instruments through which we want to ensure that our intelligence services gain an edge over our competitors.
The Bill seeks to establish the South African National Academy of Intelligence, which will be a national resource for intelligence research and training. The SA National Academy of Intelligence will have the responsibility of ensuring that every member of the intelligence services is multiskilled and equipped to meet the challenges facing our country.
The Bill also envisages the establishment of an Intelligence Services Council on Conditions of Service, which will attend to matters of equity and development and the constant review of conditions of service under which our members work, as they are not covered by the labour relations legislation of our country.
The aim of the council is to ensure that we improve service delivery to our clients within the intelligence services by retaining the most critical skills in our quest to ensure that members of the services remain lifelong intelligence officers.
I want to conclude by referring to the White Paper on Intelligence. According to the White Paper, our country is poised on the brink of tremendous opportunity in which the human potential of our country can be harnessed to make South Africa a beacon of hope and success for the world. Intelligence has a critical role to play in this. Its transformation must be encouraged so as to allow the intelligence community to play its rightful role in meeting our national development goals. [Applause.]
Mr P D N MALOYI: Thank God it is Friday.
Modulasetulo, ntumelele ke tlhasele jaaka tau, me ke kokobele jaaka duka. [Chairperson, allow me to attack like a lion.]
Chairperson, I am going to speak on one of the Bills before us today, the National Strategic Intelligence Amendment Bill. Before I go into the contents of the Bill or say anything about this Bill, it is imperative for all of us to learn a bit about the laws we have in this country.
Clearly, Mr Theron did quote section 239 of the Constitution. I want to
proceed from where he ended off. It is important for us to define what an
organ of state is, and, after defining an organ of state, it will be up to
all of us, including the public, to either agree or disagree with the
sentiments expressed by Mr Theron in saying that this term is too broad and
not easy to understand.
Firstly, the Constitution defines an organ of state as any department of
state or administration in the national, provincial or local sphere of
government''. I would like to ask Mr Theron if that is clear. [Laughter.] I
hope he has the Constitution with him. [Interjections.] The definition
continues:… or any other functionary or institution exercising a power
or performing a function in terms of the Constitution or a provincial
constitution’’ if one has one in the province one comes from, ``or
exercising a public power or performing a public function in terms of any
legislation, but does not include a court or a judicial officer’’.
[Interjections.]
Mr J L THERON: [Inaudible.]
Mr P D N MALOYI: No. What is difficult about the definition of an organ of state? What is it that you do not understand? [Interjections.]
Mr J L THERON: You do not understand. [Interjections.]
Mr P D N MALOYI: But having … [Interjections.] Mr Theron, I want you to listen.
The CHAIRPERSON OF THE NCOP: Order! Mr Maloyi, I remind you to address the Chair. [Laughter.]
Mr P D N MALOYI: Oh, you are Chair, Chair.
Having defined an organ of state as encapsulated in our Constitution, is the DP still of the opinion that the definition of an organ of state is too broad and too difficult to understand? Obviously, I suspect they do.
I would like to give my learned friends from the DP, particularly Mr Theron, some simple advice. Firstly, if one does not understand or does not have information, one must read. [Interjections.] But after reading, one must not be afraid to ask questions, because it is not automatic that whatever one reads one will understand immediately. One must ask questions. [Interjections.]
The CHAIRPERSON OF THE NCOP: Order! Mr Maloyi, could you take you seat.
Mr J L THERON: Chairperson, I rise on a point of order. Is it okay for a member to mislead the House by saying that I must ask questions when I asked these questions in the committee? [Laughter.] He is obviously misleading the House.
The CHAIRPERSON OF THE NCOP: Order! Mr Theron, that is not a point of order. Please continue, Mr Maloyi.
Mr P D N MALOYI. Chairperson, asking questions will broaden one’s understanding and, believe it or not, one will excel in one’s work.
Lastly, if we are asked questions and if we decide, as we have been doing, to provide a free and compulsory education, one must then listen and listen attentively, because if one does not, one will fail to do exactly what one has been told. [Interjections.]
An HON MEMBER: You do not understand the questions or the answers.
Mr P D N MALOYI: Then, what is easy for the hon member to do is to read, ask and listen. That is very important for him. [Interjections.]
I would like to focus on what will be a new insertion in the Act. This new insertion is the security screening investigation which is, in my opinion, one of the key functions of the national intelligence structures. This clause seeks to empower the national intelligence structures to conduct a screening investigation to determine the security competence of a person if such a person is employed by or is an applicant to an organ of state, or is rendering a service or intends to render a service to an organ of state.
The service we are referring to is a service that might give the said person access to classified information in the possession of the organ of state, or which may give such a person access to areas designated national key points in terms of the National Key Points Act.
It would be very foolish for anybody anywhere in the world to suggest that any person can handle classified information of an organ of state because information, if leaked, can threaten the security of the country and undermine the constitutionally established system of government, particularly of this Republic.
If the DP should come to power maybe 100 years from now - although this is probably not possible - are they going to allow anybody to handle classified information of the state without screening that person, without knowing who that person is, etc? If that is what they are going to do, I am afraid. [Interjections.]
It is therefore the opinion of the ANC that this House should pass this Bill in order to empower the national intelligence structures to do their work with diligence.
In conclusion, as responsible citizens of this country, let us allow the national intelligence structures to use, amongst other things, polygraphy to determine the reliability of information gathered during an investigation. It has been proven scientifically that this test does provide assistance. More than 50% of the information we get through this test is very reliable.
As I said, I will sit down and I will please Mr Theron, but I hope he has learned something. I hope that when he goes out of this House he will read; that after reading he will ask questions; and after asking those questions
- when we answer - he will listen attentively. [Applause.]
The MINISTER FOR INTELLIGENCE: Mr Chairperson, please allow me to tender my very late congratulations on your appointment as Deputy Chairperson of this Council.
I have requested my office to supply me with a number of documents which, to me, seemed necessary to allay the fears that could be expressed about whether or not some of the Bills we are passing are in line with our Rules.
I would now like to give you, as Chairperson, a joint report of the Standing Committee on Public Accounts and the Joint Standing Committee on Intelligence, a memorandum of understanding between the two committees and a proposed amendment to the National Assembly’s Rule 206. This is for your perusal and for deliberations between yourself, as Chairperson of the NCOP, and other members who might be interested in the matter.
I would like to thank the hon Kgoshi Mokoena for the sterling work that he has done in leading the ad hoc committee to arrive at the point where we are right now. Listening to hon members, it is quite clear to me that he has been very instrumental in making sure that we have a common understanding about this.
I want to assure the hon Theron that we will do everything in our power to ensure that the perpetrators of the terrorist acts are brought to book. We thank him for wishing us well. However, regarding the ``chocolate’’ clauses of Comsec, being a Friday, it has become quite clear to me that the hon Theron has come to the end of his humour and has become extremely humourless. Imagine how much sweeter our deliberations would have been if we could indeed buy shares in a chocolate company? [Laughter.] I really would not mind but, unfortunately, we have no intentions at all in that regard. This has already been very adequately dealt with by the hon Mkhaliphi. [Interjections.] Imagine if our business was to deal in chocolates! That would be the level at which the DA would want to engage with us. [Interjections.]
However, I would like to indicate, as the hon Mkhaliphi has done, that there should not be any cause for concern, because all stakeholders were consulted in the process of drafting this Bill. I would like to ensure the hon Theron that we are, in fact, not taking over any responsibility that is presently in the hands of any organ of state. The responsibility for the protection of information in the hands of the state solely belongs to the intelligence services and nobody else. If they have this responsibility, the question would: Why have they taken on this responsibility when it does not belong to them?
Those are the matters that I wanted to bring to the attention of the Council. Everything else has been dealt with by the hon members here. We in intelligence services are considering asking hon Kgware and hon Maloyi to draft us an intelligence umrhabulo [brief summary] for members of the opposition. They have done such sterling work. [Laughter.] [Applause.]
Debate concluded. Intelligence Services Control Amendment Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.
National Strategic Intelligence Amendment Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution (Democratic Party dissenting).
Intelligence Services Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.
Electronic Communications Security (Pty) Ltd Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution (Democratic Party dissenting).
PROMOTION OF EQUALITY AND PREVENTION OF UNFAIR DISCRIMINATION AMENDMENT BILL
PROMOTION OF ADMINISTRATIVE JUSTICE AMENDMENT BILL
PROMOTION OF ACCESS TO INFORMATION AMENDMENT BILL
(Consideration of Bills and of Reports of Select Committee on Security and Constitutional Affairs thereon)
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Order! Hon members, I have been informed that the Whippery have agreed that there will be one speakers’ list for the fifth, sixth and seventh Orders of the Day.
Mr P D N MALOYI: Chairperson, … [Interjections.] The DP must rest assured that I am not going to talk about them because I do not have time to waste.
The three Bills, that is the Promotion of Equality and Prevention of Unfair Discrimination Amendment Bill, the Promotion of Administrative Justice Amendment Bill and the Promotion of Access to Information Amendment Bill seek to amend three very important Acts which we passed in 2000.
Members will agree with me that these three Acts constituted a watershed in our political history. In the hierarchy of important legislation passed since 1994, these three Acts occupied the top position alongside our final Constitution.
Whilst the Constitution provides the basic framework of the values which we are trying to instil in our democratic society, these three Acts put flesh onto the constitutional framework.
Since the enactment of the three Acts, the objection was that some provisions of these Acts infringed upon the independence of the judiciary. The passage of these amendments, therefore, will close this chapter once and for all.
The Bills provide that every High Court is an equality court for the area of its jurisdiction, and that a judge who has completed a training course - it is very important that they complete the training course - may be designated by the Judge President as a presiding officer of the equality court. I must assure members that the Justice College has already started, and I know that a number of magistrates have completed this particular course.
The Bills further empower the head of an administrative region to designate any magistrate or additional magistrate as a presiding officer of the equality court. This magistrate should also undergo the training course I spoke about earlier.
The Bills further empower the Chief Justice, in consultation with the Judicial Service Commission and the Magistrates Commission, of which I am a member, to develop the contents of the training course. The implementation thereof should be done in consultation with the Minister. The Minister must then report to Parliament on the contents and the implementation of the course.
All the other amendments are just minor amendments. I thought that I would only highlight the ones I highlighted above. [Applause.]
Debate concluded.
Promotion of Equality and Prevention of Unfair Discrimination Amendment Bill agreed to in accordance with section 75 of the Constitution.
Promotion of Administrative Justice Amendment Bill agreed to in accordance with section 75 of the Constitution.
Promotion of Access to Information Amendment Bill agreed to in accordance with section 75 of the Constitution.
JUDICIAL MATTERS AMENDMENT BILL
(Consideration of Bill and of Report of Select Committee on Security and Constitutional Affairs thereon)
Mrs E N LUBIDLA: Chairperson and hon members, South African legislation is constantly revised to meet changing circumstances in a dynamic and developing society. This process of transforming our laws has been proceeding steadily and systematically in accordance with the overarching department’s responsibilities, which include the provision of adequate resources for the proper and efficient functioning of the criminal and civil justice systems. The Judicial Matters Amendment Bill purports to encompass in a single Bill a variety of amendments which do not require individual amending bills. In essence, this Bill contains amendments in order to rectify certain provisions in existing legislation and to update some legislation with regard to developments which have arisen in practice.
Firstly, this Bill seeks to address a concern which has been noted by our courts to the effect that in the decided case of Venter v Standard Bank of South Africa, 1999, the High Court decided that Rule 49(5) of the Magistrates’ Courts Rules is ultra vires - beyond powers - since it provides for a rescission not provided for in the Magistrates’ Courts Act of 1944. Rule 49(5) grants the court the power to rescind or vary any judgment if the person in whose favour the judgment was granted has agreed in writing that the judgment be rescinded or varied.
This Bill proposes to substitute section 36 of the Magistrates’ Courts Act by granting the court the power to rescind or vary any judgment if the person in whose favour the judgment was granted has agreed in writing. The effect of this amendment is that it will ensure that the benefits of this rule are still available to the defendants, many of whom are illiterate and who are often subjected to exploitation by unscrupulous companies.
Secondly, this Bill amends section 3 of the Stock Theft Act of 1959 so as to bring its provisions into line with the Constitution, following decisions in the case of State v Manamela, 2000.
The Bill also seeks to address the anomaly brought about by different interpretations by courts of section 1 of the General Law Further Amendment Act, Act 93 of 1962. This section provides that a person who has sole custody of his or her minor child in terms of an order of court and who, contrary to such order and without reasonable cause, refuses the child’s other parent access to the child, is guilty of an offence; and must also notify the noncustodian parent of any change in the address of the sole custodian parent.
This Bill amends section 1 in order to rectify misinterpretations to the effect that section 1 applies to any custodian, whether sole custodian or not.
In conclusion, the Bill seeks to address the important right of not being compelled to give self-incriminating evidence, as entrenched in section 35 of the Constitution. This was put under the spotlight in Parbhoo and Others v Getz NO and Another, 1997, in which the Constitutional Court found that section 415(3) of the Companies Act, Act 61 of 1973, read with section 415(5), violated this right. This Bill amends both these sections in order to bring the provisions thereof into line with the Constitution.
The Bill also seeks to amend sections 77 and 78 of the Criminal Procedure Act, Act 51 of 1977, which deal with the capacity of an accused person to understand criminal proceedings, and mental illness or mental defect and criminal responsibility, respectively. These amendments are consequential in nature as they give effect to changes brought about by the new Mental Health Care Act of 2002.
I therefore support the passing of this Bill. [Applause.]
Debate concluded.
Bill agreed to in accordance with section 75 of the Constitution.
Council adjourned at 11:01. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- The Speaker and the Chairperson:
(1) The following Bill was introduced by the Minister for Provincial
and Local Government in the National Assembly on 8 November 2002
and referred to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160:
(i) Local Government: Municipal Structures Second Amendment
Bill [B 68 - 2002] (National Assembly - sec 75) [Explanatory
summary of Bill and prior notice of its introduction published
in Government Gazette No 23991 of 1 November 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. National Council of Provinces:
- The Chairperson:
(1) Bills passed by National Council of Provinces on 8 November
2002: To be submitted to President of the Republic for assent:
(i) Promotion of Equality and Prevention of Unfair
Discrimination Amendment Bill [B 41B - 2002] (National
Assembly - sec 75).
(ii) Promotion of Administrative Justice Amendment Bill [B 46B
- 2002] (National Assembly - sec 75).
(iii) Promotion of Access to Information Amendment Bill [B 60 -
2002] (National Assembly - sec 75).
(iv) Judicial Matters Amendment Bill [B 55B - 2002] (National
Assembly - sec 75).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Housing:
Report and Financial Statements of LANOK (Proprietary) Limited for 2001-
2002.
- The Minister of Communications:
(a) Report and Group Annual Financial Statements of the South
African Post Office Limited for 1997-1998.
(b) Report and Group Annual Financial Statements of the South
African Post Office Limited for 1998-1999.
(c) Report and Group Annual Financial Statements of the South
African Post Office Limited for 1999-2000.
National Council of Provinces:
- The Chairperson:
Executive Summary of Report of 33rd Commonwealth Parliamentary
Association Africa Region Conference; Kampala, Uganda, 3-10 August
2002:
EXECUTIVE SUMMARY
The purpose of the Executive Summary is to highlight the most pertinent
issues discussed and the resolutions and/or decisions reached by the
Commonwealth Parliamentary Association (Africa Region).
A. Theme of the Conference
Good governance and development: The basic crying need of Africa for
an equitable and a democratic world order for the 21st century.
B. Topics discussed at the Conference
1. WTO: Challenges facing Africa
2. How Parliaments in the Africa Region can respond to the growing
threat of terrorism
3. HIV/Aids: What is the role of a Parliamentarian in combating it?
4. The role of regional Parliamentary groups in strengthening
regional and sub-regional unity
5. Good governance as a necessary precondition for development
6. Women and Development: How can Parliament contribute to
engendering the political decision-making process in Africa?
C. Meeting of the Commonwealth Women Parliamentarians
The meeting resolved that:
* A programme of CWP activities should be finalised and adopted for the
year,
* Accurate data of women should be submitted and systemised within four
months from this Conference date,
* If Senior Representatives are unable to perform their duties, other
members should be elected to take their place,
* Regional representatives should approach branches for submission of
their topics,
* Secretariat must give CWP an indication of funds available to assist
with programmes and planning,
* Articles to be submitted by women representatives for inclusion in
the CPA journal, The Parliamentarian, and
* Kenya branch to identify a convenor for purposes of continuity,
D. Meeting of the CPA (Africa) Regional Representatives
The meeting resolved that:
* The issue of non-paying branches to be addressed and their status
reviewed,
* Regional representatives to visit member branches, monitor branches
who fail to pay annual fees and those branches that do not attend
CPA meetings,
* Secretary-General to visit branches in abeyance,
* CPA branches to be made aware of the role of regional
representatives,
* Guidelines to deal with non-participating members of the Regional
Representative Committee to be put in place, and
* The draft guidelines for the regional representatives and senior
women Parliamentarians to be circulated to all branches.
E. Meeting of the CPA Africa Region Executive Committee
The meeting agreed to recommend to the AGM that:
* The East Africa Legislative Assembly (EALA) be granted observer
status pending the recommendation of the Sub-committee on
Constitutional Affairs,
* The mandate of the sub-committee on constitutional affairs be
renewed,
* The CPA Africa Region Constitution be amended to address the
affiliation of supra-natural bodies,
* The Regional Secretariat compiles a viable programme of activities,
* The increase of Africa Regional Representatives on the CPA
International Executive Committee be raised,
* The lack of attendance by Executive Members needs to be addressed,
* The Regional Secretariat be allowed to hand over to another branch
after a month, and
* The CPA International Executive Committee to be informed about this
decision.
F. 33rd CPA Africa Region Annual General Meeting (AGM)
The AGM adopted the recommendations from the Exco, including
* The decision to grant the East Africa Legislative Assembly observer
status,
* To extend the mandate of the Sub-committee on Constitutional Affairs
to recommend proposals in terms of dealing with the suspension of
branches,
* To reaffirm that delegations should include women representatives,
and
* That branches should encourage 30% women representation at their
respective Parliaments.
The Annual General Conference (AGM)
Committees reported to Plenary on the following themes:
1. WTO: Challenges facing Africa
The delegates reached consensus that Africa should become an equal
trading partner and not be persuaded by conditionalities attached
to aid.
2. How Parliaments in the Africa Region can respond to the growing
threat of terrorism
The delegates reached consensus that terrorism can only be curbed
by being preventative rather than reactive. They also emphasised
that public participation is important to constructively address
dissenting political viewpoints.
3. HIV/Aids: What is the role of a Parliamentarian in combating it?
The delegates reached consensus that:
* Appropriate legislation and structures be put in place to
facilitate a successful fight against the pandemic,
* Institutional, national, regional, and international framework
to be put in place with a view to sharing knowledge, skills
and resources, as well as successes and failures,
* Ensuring the allocation of adequate resources for the
purchasing of drugs for the infected, and research into the
development of a cheaper vaccine,
* Establishment of programmes that target specific groupings in
our society, and
* To attack the root cause of poverty,
4. The role of Regional Parliamentary Groups in strengthening
Regional and Sub-Regional Unity
The delegates reached consensus and suggested that:
* CPA Africa Region must provide at next year's conference facts
and guidance on the stage of co-operation with various Africa
regional and sub-regional groupings of Parliamentarians, and
* In that regional set-up to have study groups around the various
topics within the theme of the conference during the coming
year, to provide an ongoing mechanism for a review of the
Association's activities, particularly with regard to
Parliamentarians playing a leading role in strengthening
regional and sub-regional unity in Africa.
5. Good governance as a necessary precondition for development
The delegates reached consensus that in order for development to
take place, good governance principles have to be adhered to.
However, in defining good governance principles, the context
within which Africa finds itself should be looked at.
6. Women and Development: How can Parliament contribute to
engendering the political decision-making process in Africa?
The delegates reached consensus that international treaties and
conventions, as ratified by member countries, be implemented.
Africa to recognise the important role women play in the
development of the continent.