National Assembly - 04 March 2003
TUESDAY, 4 MARCH 2003 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 14:05.
The Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
NEW MEMBER
(Announcement)
The Speaker announced that the vacancy caused by the resignation of Ms B N Sono had been filled, in accordance with item 6(3) of Schedule 6 to the Constitution, 1996, by the nomination of Mr J L Theron, with effect from 17 February 2003. Mr J L Theron, accompanied by Mr T D Lee and Mr D K Maluleke, made and subscribed the oath and took his seat.
The SPEAKER: Welcome to the House, Mr Theron. [Applause.]
NOTICE OF MOTION
Mr J DURAND: Mevrou die Speaker, hiermee gee ek kennis dat ek by die volgende sitting van die Huis namens die Nuwe NP sal voorstel dat die Huis die sperdatum vir motorlisensies bespreek. [Madam Speaker, I hereby give notice that I shall move on behalf of the New NP at the next sitting of the House that the House discuss the deadline for motorcar licence.]
OLYMPIC TORCH TO COME TO CAPE TOWN
(Draft Resolution)
Mr J DURAND: Madam Speaker, I move without notice:
That the House -
(1) notes with pride that the Olympic torch is coming to Cape Town for the first time with the 2004 Olympic Games and that this is also the first time that the torch will be carried to the African continent;
(2) further notes that this will give selected South Africans from all walks of life an opportunity to carry the sacred flame, which will be carried by almost 10 000 people during the 65-day international relay; and
(3) believes that this is a great honour for South Africa.
Agreed to.
CRICKET WORLD CUP
(Draft Resolution)
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, I move without notice:
That the House -
(1) thanks the South African team for participating in the Cricket World Cup competition and, although they have not progressed to the Super Sixes, for doing their best for our country;
(2) extends its congratulations to the teams who went through to the second round of the competition; and
(3) thanks all the visiting spectators for their support and hopes that they will have a good time in our friendly country.
[Applause.]
Agreed to.
The SPEAKER: We will now proceed to members’ statements. Hon members, you are reminded that each statement made will not exceed one and a half minutes.
EXTENSION OF DEADLINE FOR CONVERSION OF DRIVERS' LICENCES
(Member's Statement)
Ms H F MATLANYANE (ANC): Madam Speaker, I would like to welcome Acting Minister of Transport, Comrade Jeff Radebe’s announcement on Friday that there would be a two-months extension on the deadline for the conversion of drivers’ licences. I believe this was a wise course of action, given the possibility of the danger of serious disturbances as frustrations built up.
However, the postponement must not be misinterpreted to be giving way to lawlessness. I hope the message is clear: Government means business. Government cannot deliver if the public does not co-operate. We all need to be responsible citizens. The build-up of queues was caused, essentially, not by Government inefficiencies, but by hundreds of thousands of members of the public failing to convert their licences, despite the fact that we all had five years to do so.
Obviously, Government must work continuously to improve the efficiencies of services at testing centres, but above all, we urge all those who have not yet converted their drivers’ licences to use this two-month grace period to do the right thing. I thank you. [Applause.]
TELKOM'S LISTING ON THE STOCK EXCHANGE
(Member's Statement)
Mr R J HEINE (DP): Madam Speaker, it is indeed a landmark in our history today to see the listing of Telkom on the stock exchanges in Johannesburg and New York. For the first time since the ANC became the Government, a public listing of a parastatal has taken place.
We want to congratulate Government on this bold step. Despite stern opposition from some quarters, including members of their own alliance, they stood their ground. [Interjections.] This is about empowering the people, and not only a black elite. The DA has been in support of public participation all along. Notwithstanding the depressed market conditions - and much could be argued about the timing of the listing - we maintain that this is absolutely the way to go.
The focus and the energy that has been directed at a successful IPO (Independent Producers’ Organisation) must now be turned to encouraging competition where previously the state had a monopoly. The licensing arrangement for the second network must therefore be finalised in a fair and transparent way, and it must be done soon. The real benefits from privatisation come not just from selling off assets, but from increased competition in the market and a wider choice for the consumer.
We would like to appeal to the Minister for Public Enterprises and his Cabinet colleagues to follow this process through, and not to be sidetracked by opponents of privatisation. The announcement about Eskom is the first step and Transnet, Eskom and other state enterprises must follow soon. I thank you. [Applause.] [Interjections.]
The SPEAKER: Order!
REBUILDING OF HOUSES DESTROYED IN FLOODS
(Members' Statements)
Mr B M DOUGLAS (IFP): Madam Speaker, the community of Ga-Mmotle Village in Moretele, North of Pretoria, voluntarily came together last year to rebuild houses that were destroyed by floods in 1998. After realising that it would take some time for the RDP housing project to rebuild their houses, they took it upon themselves to do the job as quickly as possible.
Their efforts and commitment have paid off as they have managed to build approximately 121 houses of good quality that are double the size of the previous RDP houses, with the same R16 000 housing allowance allocated to each recipient.
What is good about the housing project is the active involvement of beneficiaries. The fact that the project is regularly audited minimises chances of fraud, as compared to the RDP projects. Also, those who volunteer to build are paid a sum of money for every house completed.
Such housing projects should be applauded and encouraged, as they are setting a good example of what our communities can achieve when they join hands in line with the Government’s policy of Vukuzenzele and the IFP’s policy of self-reliance. I thank you.
Ms Z A KOTA (ANC): Madam Speaker, the people of Ga-Mmotle Village in North West have taken up the spirit of Letsema in a serious and meaningful way. In 1998 a flood washed away 154 dwellings from this village, and left families without shelter. North West’s government allocated about R2,5 million to replace these dwellings. Through their dedication, the Ga-Mmotle Villagers have prevented the abuse of their subsidy by rebuilding their houses. In a volunteer campaign 121 houses have been built and have already been handed over to their rightful owners. After completing each house, the volunteer builders were given R250 as part of job creation and incentives. These houses are 42 square metres, which is bigger than the normal 30 square metre RDP houses. The good thing is that villagers had a say in how these houses should be built, and they used their own hands to make their houses exactly as they wanted them. They call upon communities to emulate this good example.
I want to congratulate, in particular, Regina Mkonyane, who has led 120 volunteers to victory, and her team, the housing committee, as well as the Thabo Housing NGO. We call upon the Department of Housing to ensure that these houses do pass the test in terms of norms and standards, and call upon other departments to assist the community in terms of infrastructure such as water, electricity and sanitation. This is in line with the IDP. Phambili [forward] with the spirits of volunteers and Vukuzenzele, phambili! [forward!]
Hon MEMBERS: Phambili! [forward!] [Applause.]
SA GOVERNMENT'S POSITION REGARDING ZIMBABWE
(Member's Statement)
Dr B L GELDENHUYS (New NP): Madam Speaker, there is a well-known saying: Never say never, and especially in politics. One should never say never. I was, therefore, very surprised to hear the hon Minister of Foreign Affairs say on national television that the Government of South Africa will never criticise Zimbabwe as long as the ANC is in power, because Zimbabwe has a democratically elected government.
First of all, Zimbabwe does not have a democratically elected government. [Interjections.] A rigged election will never pass the test of a democracy. [Interjections.] Secondly, if the South African Government is serious about implementing the objectives of the Constitutive Act of the African Union, and if they are serious about honouring the Nepad declaration on democracy and political governance, then they must be prepared to criticise the government of Zimbabwe. [Interjections.]
Thus far the government of Zimbabwe, under the leadership of President Mugabe, has already transgressed seven of the 14 objectives of the AU, as outlined in the Constitutive Act. It has already abandoned the very important principles of good governance, democracy, the rule of law and press freedom, as required by the Nepad document. [Time expired.] [Interjections.] [Applause.]
GANG VIOLENCE
(Member's Statement)
Ms A VAN WYK (UDM): Madam Speaker, a section of our population is being held hostage by gangs. Every week they witness innocent bystanders being killed in the crossfire between rival gangs. Their lives are dominated and controlled by gangs and their activities. This section of our nation is not free yet. They have not benefited from a better life and a democracy.
The Minister of Safety and Security made a statement during the JCPS- briefing, namely that concentrated actions on gang violence have resulted in the lowering or stabilising of violent crimes. What these concentrated actions are, is entirely unclear. We have not seen any such concentrated actions, neither have the communities living in places such as Manenberg benefited from them.
For years now, the UDM has been calling for a multidisciplinary and integrated approach to deal with gangs, organised crime and the drug trafficking that provide the bulk of their finances. It is necessary for a criminal justice response to be combined with social upliftment. It means better and more police and prosecution work, as well as drastic improvements in social infrastructure. Not only do we need to take these criminals off the street, but Government must turn these communities into places where youth at risk are provided with opportunities and facilities, other than gang life.
As it stands, Government is losing the war against gangs. Not only does Government fail to assist communities in reclaiming the streets, but Government is also failing in preventing gangs from expanding their turf into new areas such as Sea Point. The essence of the zero tolerance or broken-window approach is to prevent crime from spreading into new areas. The moment that crime, even if it is the petty vandalism of a broken window, goes unpunished by Government, criminals start taking over. [Time expired.]
BLACK CHARTERED ACCOUNTANTS
(Member's Statement)
Mr K A MOLOTO (ANC): Madam Speaker, in the past black people were denied opportunities in the accounting field. In view of this denial of opportunities under successive apartheid governments, the ANC is pleased to know that 25 black trainees achieved a 1,2% pass rate in the qualifying examination for chartered accountants. This is a clear indication that all South Africans, regardless of their racial background, are capable if given an opportunity. We need to emphasise that these numbers are not enough. However, we are encouraged to learn the SA Institute of Chartered Accountants has committed itself to increasing the number of black chartered accountants in the country.
South Africa needs the services of chartered accountants to strengthen financial management in the private and public sectors. We call upon young people, especially from the historically disadvantaged communities, to seize the opportunities created by the democratic Government, to make inroads into career paths which they were denied by the apartheid government. We further call on all stakeholders, business in particular, to provide training for black youth to become future chartered accountants. Thank you. A POLICY FOR SALE OF STATE ASSETS
(Member's Statement)
Mr J P I BLANCHÉ (FA): Madam Speaker, the sale of state properties by the members of the ANC elite and their close relatives is questionable. Any property which is sold to a government insider without a proper tender process being followed has the potential to defraud the taxpayer, and particular care must be taken to avoid this.
Pressure from the DA with regard to the sale of a house in Port Elizabeth to the President’s wife ensured that Mrs Mbeki did not resell this house at a profit. Instead, she sold the house back to the state at no profit to herself, and only a minor cost to the taxpayer.
But why did this situation even arise? Was any undue pressure put on officials to approve this sale without following the public tender process, and who applied the pressure? Certainly the transfer cost should have been recovered. The Federal Alliance believes it is vital to draw up a clear policy regarding the sale of state assets to politicians, public servants and their family or friends. This will avoid any hint of corruption in a sphere where questionable deals are taking place.
The Federal alliance calls on Government to give a clear answer to this statement. Thank you.
FUNDING OF SCHOOLS
(Member's Statement)
Miss S RAJBALLY (MF): Madam Speaker, the MF calls on the House and the Minister of Education to discuss and reconsider the formula for funding of schools.
Black African children attending former House of Delegates schools are classed into an artificially advantaged sector to their disadvantage. Tariffs of school fees and other means to be met are barely manageable.
Further, the employment of teachers according to the Employment Equity Plan has arisen as a major issue. An underemployment of Indians, whites and coloureds by 5692 is estimated within the plan of the Education department for 2000-2005. The MF support attaining equity, but not at the cost of sidelining the minorities. We are a rainbow nation. We are here to represent all South Africans, no matter what colour or creed. Thank you, Madam Speaker.
PALESTINE-ISRAELI CONFLICT
(Member's Statement)
Mr M RAMGOBIN (ANC): Madam Speaker, seven people were killed as Israeli tanks raided two refugee camps in Gaza Strip on Sunday, 3 March 2003. Israeli troops entered the Nusseirat and El Bureij refugee camps on Sunday morning, blowing up two houses in El Bureij camp according to witnesses. At least two of the dead, a 14-year-old boy who was shot and a pregnant woman whose house collapsed on top of her, were civilians. The mounting death toll in both Gaza and West Bank serves only to deepen the anger of the Palestinians and escalates the levels of violence at a time when Prime Minister Sharon and his cabinet should be making every effort to resume peace talks with the legitimate representatives of the Palestinian people.
While we are reservedly condemning suicide bombings and other acts of violence that deliberately target noncombatant civilians, the intransigence of the Sharon government, which refuses to negotiate or even explore the possibilities of talks with the Palestinian authorities, has compounded the situation and made the region more volatile.
We welcome the Palestinian delegation which is visiting our country to study our peaceful transition to democracy, and our Constitution which protects human rights. This reflects the commitment of the Palestinian people to peace, and is consistent with the thousands of South Africans that marched in Cape Town, Durban and Johannesburg calling for world peace and condemning US military aggression against the people of Iraq. Thank you. ZIMBABWE
(Member's Statement)
Mr C W EGLIN (DP): Madam Speaker, I have no doubt that millions of South Africans would have been shocked to hear Foreign Affairs minister Zuma saying that an ANC Government would never condemn the Zanu-PF government of Zimbabwe.
Because, in doing so she has damaged South Africa’s stature as a country committed to democracy, human rights and rule of law. She has undermined South Africa’s efforts to attract foreign investment, and she has shed the pretence of objectivity, and with this the ability of South Africa to influence events in Zimbabwe to the benefit of the region as a whole.
By putting the ANC Government firmly in the Zanu-PF camp, the Minister has ensured that the Government will be seen to be sharing some of the responsibility for the grossly undemocratic actions of the Zanu-PF regime, or, at the very least, giving that regime the South African Government’s silent consent.
Heaven help Nepad when our Government, a leading promoter of that programmme, is seen to be condoning the violation of the very Nepad principles in the case of Zimbabwe. The Government must stop treating Nepad as if it were an old-pals backslapping club. Instead, treat it as an instrument of promoting and developing through adherence to the principles of democracy, good governance, human rights and sound economic management.
HORIZONTAL PROMOTION OF EDUCATORS
(Member's Statement)
Prince N E ZULU (IFP): Madam Speaker, I am on horizontal promotion of educators.
Our education system has been robbed of dire skills in maths and science over a long period of time. This trend has been caused by maths and science educators looking for more lucrative jobs in the private sector, depriving our school system of an essential national economic priority.
Another factor worsening the situation has been the loss of educators to promotion posts, which means more accent on management than teaching in class. The new vision to introduce horizontal promotion to ensure constant active teaching has come in the nick of time when there is a drive to nurture skills for natural sciences and information technology. We believe that the world, which has been narrowed down to a powerful global village, will also accommodate our country as a developing entity.
The introduction of the performance-based annual increases may not be good news to the teacher union movement, but it will also inculcate a sense of duty to most educators. Performance-based incentives have become part of the competitive corporate world, and the introduction of such in the civil service will conscientise educators that the civil service is also a place of survival. Therefore, working hard pays. Thank you.
MINIMUM WAGE FOR FARMWORKERS
(Member's Statement)
Mr M J G MZONDEKI (ANC): Madam Speaker, the Government, through the Department of Labour, will make 1200 inspectors available to ensure that farmers comply with the new minimum wage for farmworkers. This sectoral determination is taken to protect about 1,2 million vulnerable farmworkers countrywide, most of whom used to be paid in kind in the form of maize on the maize farms, or wine on the Cape winelands.
We want to praise the Minister for taking these bold steps to end these practices on farms. The Minister further warned farmers who fail to comply with the new minimum wages, set at R800, 00 per month for permanent and temporary workers in urban areas and R650, 00 per month for rural farmworkers, will be prosecuted. This follows the recent announcement by the Minister of making it compulsory for all domestic workers to be registered and to contribute to the Unemployment Insurance Fund by 1 April 2003.
The Minister, however, has invited all farmers that have economic problems to apply for economic exemption. I thank you.
DA ALLIANCE
(Member's Statement)
Mnr C B HERANDIEN (Nuwe NP): Speaker, die Nuwe Nasionale Party het met belangstelling kennis geneem van die verwikkelinge binne die DP-DA geledere in die Wes-Kaap. By die onlangse provinsiale leiersverkiesing in Stellenbosch is mnr Theuns Botha, ‘n oud NNP-lid, tot DA-leier in die Wes- Kaap verkies.
Die NP glo dat dit vir die ou DP-DA Prog-komponent, soos die agb Colin Eglin, Ken Andrews, James Selfe, Helen Zille, ‘n bitter pil moet wees om te sluk, veral omdat dit so veelseggend is dat weer eens ‘n oud-NNP-lid nou die DA-leisels in die Wes-Kaap oorgeneem het.
Die NP glo ook dat dit die DP-DA twee keer sal laat dink oor die beweegrede agter sommige NNP-lede se besluit om in die DA agter te bly, en alhoewel die DA glo die besluit was DA-lojaliteit-gebasseerd, is dit vir die NNP baie duidelik waar hierdie lede se lojaliteit eintlik is.
Die NP wil die DP-DA graag herinner aan die Trojaanse perd, en vind dit ironies dat die DP-DA, wat destyds gehoop het dat hulle die NNP sou insluk, nou hulle eie medisyne moet sluk. Die agb leier van die opposisie, mnr Tony Leon, sal wys wees as hy met een oog oop slaap. (Translation of Afrikaans member’s statement follows.)
[Mr C B HERANDIEN: Speaker, the NNP have taken note with great interest of the complications within the DP-DA ranks in the Western Cape. At the recent provincial leadership election held in Stellenbosch, Mr Theuns Botha, a former NNP member, was elected as DA leader in the Western Cape.
The NNP believes that for the former DP-DA Prog component, such as the hon Colin Eglin, Ken Andrews, James Selfe, Helen Zille, this has to be a bitter pill to swallow, especially because it is so significant that a former NNP member has now yet again taken over the DA reigns in the Western Cape.
The NNP also believes that this will make the DP-DA think twice about the motive behind some of the NNP members’ decision to remain in the DA, and although the DA believes the decision was DA loyalty-based, it is very clear to the NNP where these members’ loyalty actually lies.
The NNP would like to remind the DP-DA of the Trojan horse, and finds it ironic that the DP-DA, that previously hoped that they would swallow up the NNP, now have to take their own medicine. The hon leader of the Opposition, Mr Tony Leon, would be wise to sleep with one eye open.]
MINISTERS' RESPONSES
The MINISTER OF EDUCATION: Madam Speaker, so as to avoid confusion, may I ask for your ruling. There were two interventions, and two separate topics were raised. Is it in order for me to use this occasion to reply to two different topics?
The SPEAKER: Address yourself to one topic. When you have completed, you will have your two minutes, and then you can start the next one.
The MINISTER OF EDUCATION: Thank you, that is very kind of you. I knew you were a gentle lady. [Laughter.]
The SPEAKER: I am going by the Rules, Minister Asmal!
The MINISTER OF EDUCATION: I am sure there is no discretion used there.
FUNDING OF SCHOOLS
(Minister's Response)
The MINISTER OF EDUCATION: In relation to the hon Rajbally’s intervention, I reject the idea that there is any form of discrimination against Indians, whites and coloureds as far as the recruitment of teachers is concerned. It is inflammatory in the extreme to use the privileges of this House to refer to such matters.
The appointments are done in an open fashion, and the appointments are necessary, because we need to place teachers in particular areas and schools where their skills, their aptitude and their insights are necessary. I think it is important that we should understand that.
It is quite clear that, throughout South Africa, there are people who don’t wish to work in townships and rural areas. I think we need to correct the assumption that there is discrimination.
When I was a schoolteacher, we were - to use an unhappy word - deployed by the provincial administration. We had to work where we were sent. This is totally different now. Now you can apply and have a choice and preference, and this creates a large number of difficulties.
In relation to the fees in the funding of schools, you may know, hon Rajbally, that yesterday we released a major document about the funding of schools and in there, we effectively say that in the poorest of the poor schools, there should be no fee payment of any kind. The state should ensure that there is a national fund or national allocation which will meet the needs of the students in the poorest areas, as they would meet in the richer areas. This is open for discussion, and I hope we will have a debate in Parliament, as the New NP asked in their motion last week.
So, in relation to these matters, equity has not resulted in discriminatory practices in our country. On the contrary, many schools refuse to use the principles underlying the Employment Equity Act in the appointment of the teachers.
The SPEAKER: We now proceed to your second answer.
HORIZONTAL PROMOTION OF EDUCATORS
(Minister's Response)
The MINISTER OF EDUCATION: The hon member raised the issue of what is called a `horizontal promotion’. Well, I am not so sure whether I can distinguish between the horizontal and the vertical, although I do not like teachers to be involved in vertical exercises.
The issue is that the Council of Education Ministers has announced that there will be promotion for teachers regardless of whether they are involved in administrative work in schools. This is a happy conclusion, because teachers were excluded from the normal incremental payments of the Public Service. That is why it has been announced now, because we are now able to treat teachers separately and differently from the Public Service.
Incentives are vital in this area, and as I said to this House some months ago in my budget speech, we must work on the basis of incentives to get teachers to rural schools and township schools, not because they are hardship schools - we must reject the idea that there are hardship schools since there is enormous performance, wonderful performance taking place in many of the schools like in Phola Park and Ivory Park. So, we must reject this idea that only in the sylvan groves at the foothills of Table Mountain or in Durban North are there schools that are performing very well.
The important thing is that we want mathematics and science teachers to be given incentives. This is a matter under discussion with the unions. We hope that there is an agreement very soon on this.
We are also using the incentives of the National Financial Aid Scheme to allocate R50 million to people who choose teaching as a first profession, to capture the young people, to capture their enthusiasm and to capture their possible contribution to the teaching profession. We hope the R50 million will be used up this year, and we will increase the R50 million to get more younger teachers into the profession.
GANG VIOLENCE
(Minister's response)
The MINISTER OF SAFETY AND SECURITY: Madam Speaker, I am rather surprised at the remarks the hon Annelizé Van Wyk has made. I am sure that she herself is surprised that she made that observation. [Laughter.]
She should know that we have mounted operations in the past to deal precisely with the matter that she is raising. The successes we have scored have translated, amongst others, into the fact that we have some of these gangster leaders behind bars. She is aware of this.
She is also aware that our crime-combating strategy has indeed dealt with a lot of crime - serious and violent crime. We have scored the kind of successes that I have referred to.
What is going to happen is that tomorrow there is going to be further interaction between the portfolio committee and myself. I want to discuss this and other matters that relate to our crime-combating strategy but, as I said, it is true that we are not going to be able to completely destroy crime in South Africa. There is no situation anywhere in the world where this has been achieved.
What we have been able to do to date is that we have indeed reduced the levels of crime in South Africa, and we are continuing to ensure that we bring about stability in our country by dealing with some of the crimes, amongst which is the one she has referred to. The fact of the matter is that in order for us to ensure that, indeed, the reduction of crime is even greater than what the situation is to date, we need co-operation from all role-players - our people in the areas where they live, where crime happens. We need intelligence from people; information on which we can base arrests. We need co-operation, and fortunately, this kind of co-operation has been available from the various political formations to get co- operation from the members of the various parties as part and parcel of our partnership in the fight against crime.
MEETING THE CHALLENGE OF ROAD SAFETY IN SOUTH AFRICA
(Subject for Discussion)
Mr J P CRONIN: Madam Speaker, let me first of all use this opportunity to wish our comrade Minister Dullah Omar well. We trust that he will make a speedy recovery. We discussed this topic with him, way back in January, and the importance of having this debate in the National Assembly. I know that he would dearly have loved to have been present to participate in this debate.
I have here a comprehensive ``December 2002 Report - Fatal Road Crash Report and Statistics’’, prepared by the national Department of Transport. It has statistics on all fatal accidents that happened in December, this festive season, on the types of vehicles involved, the hours of the day and days of the week, in order to establish statistical patterns that can guide us in our strategies.
Before we go into that, however, it is very important for us all to remember something else behind the statistics, and here it is, the list of names of the deceased people:
M V Shabalala, driver; B C Mdunge, age 43, passenger; H A Ngcobo, age 8, passenger; B P Nxumalo, age 4 months, passenger …
The report states:
N1 between Worcester and Rawsonville. Clear sky, dry road. Five vehicles involved, 11 fatalities, including one Land Rover Freelander … Mr R Cloete, driver; Mrs Cloete, passenger; Monique Cloete, age 2, passenger; Andre Beukes, age 4, passenger …
And so it goes on, and on, and on. The young and the old, black and white, fancy car or not so fancy car - they are all here in the list of fatalities.
In December last year, in the midst of the festive season, 1 216 people lost their lives in road crashes. It is not entirely clear whether this represents an increase over the previous year or a slight reduction, but I don’t think we should get too fixated on year-to-year comparisons. The basic fact is that every road fatality is a tragedy and there are too many tragedies on our roads every single day, not just during the festive season, but every month and every year.
In 1998, the last year for which we have the most comprehensive statistics, over 9 000 people were fatally injured on our roads. That is the rough equivalent, Minister Asmal, of 9 average schools being wiped out in road fatalities every single year. In the course of this high level of fatalities taking place over the December festive season, there was an important public debate and public concern, quite legitimately. There were those, of course, who simply blamed Government or the Department of Transport, or who called for the resignation of the Minister of Transport. Others blamed the public, or particular categories of drivers, or vehicles. Minibuses, by the way, are often assumed, somewhat inaccurately as it happens, to be almost the sole cause of road accidents.
As our contribution to this very important national concern, the Portfolio Committee on Transport began this year by holding public hearings on road accidents. We thought it was very important that we do this. We invited the national Department of Transport, the SA Bus Owners Association, the SA National Taxi Council, the AA and others to make presentations. Four basic things emerged from these presentations.
Firstly, those outside of Government pleaded with us not to abandon our strategies. Notably the AA and the SA Bus Owners Association, or SABOA, both independent and nongovernmental entities, said quite categorically that, whatever the disappointments and frustrations, we must not abandon the Arrive Alive campaign or the Road to Safety strategy. SABOA said in its input that for the first time in South Africa we now have a comprehensive and coherent strategy to deal with road safety. They urged us not to throw it all away in desperation and start again. Similar to the theme that President Mbeki has taken up on a broader canvas, they have also urged us on by saying that the policies and strategies are good, but that sometimes the implementation is lacking. I will come back to that in a moment.
Secondly, we need to be realistic about the South African reality. We are not alone in the world in facing this terrible scourge of fatalities on our roads. Apparently 1,2 million people died in road accidents around the world. In some countries one in every 10 hospital beds is occupied by the victim of a road traffic crash.
Ninety per cent of all traffic casualties occur in low and middle income countries, like our own, and in our country we have a particularly lethal combination of factors. In his State of the Nation address President Mbeki referred to a dual economy; a modern and relatively globally competitive economy on the one hand and desperate marginalisation and underdevelopment on the other. This dual reality plays itself out quite dramatically on our roads.
At the heart of the apartheid-era social engineering was, of course, the removal of thousands and thousands of Black people from town and city centres and their displacement to very distant peri-urban townships. They were close enough for the long daily commute to work, but far enough to be coercively controlled. The very design and location of many of the freeways was quite deliberately done as part of this strategy of containment. Freeways ring these townships, designed like medieval moats around those old castles, now not to keep invaders out, but rather to keep the township dwellers bottled up in times of so-called emergency. Today we still have an impressive network of national high-speed freeways that border huge, sprawling, peri-urban and poverty-stricken townships and squatter camps.
No wonder, in these conditions, that a shocking 40% of road fatalities involve pedestrians. There is a dramatic link with this social geography which we have inherited. The point I’m trying to make here is that the long- term sustainable solution to road safety is necessarily linked to the broader struggle and overall effort at pushing back the frontiers of poverty and also to the integrated and human-friendly development of our living spaces.
The third point that emerged was the critical issue of changing public attitudes, or moral regeneration. According to statistics the main contributors to road crashes are, first of all, driver factors in some 80% to 90% of cases, followed by vehicle factors in some 10% to 30% of cases and, finally, road environment in 5% to 15% of cases. Obviously these things overlap in many cases. Addressing road safety means addressing all of these challenges, whether it be by checking up on the roadworthiness of vehicles, by repairing the potholes in our roads or, above all, as the statistics would suggest, by beginning to change the attitudes of all our road users, both drivers and pedestrians.
What can we do? We must press ahead in a very determined way with the Arrive Alive messages. Minister Asmal, we need to put even more resources into the school road safety programmes that we have started. In their presentation to the portfolio committee the AA suggested a particular focus this year on seat belts. The law now states that the wearing of seat belts is compulsory, not only in the front seats, but also in the rear. How many times do we see very young kids bouncing around loose in the back of a car?
Above all, we in the ANC are in agreement with many others who say that the key factor in changing road behaviour lies in much more effective, intense and visible enforcement on our roads. At the moment enforcement, where it does exist, is almost entirely confined to speed traps by way of cameras. In terms of trying to change behaviour, it is infinitely more important to stop speeding drivers and engage them, checking on other matters such as seat belt compliance or alcohol blood levels and so on. Getting a fine in the post two months after the event when you have forgotten even where it happened is the least likely way to make us more thoughtful about our driving behaviour. [Applause.] The main point is to change behaviour, not to trap drivers secretly, on the quiet, and then to post them a fine two months later.
This brings me to the fourth and final point that we wish to underline. I particularly want to address our colleagues in Government. We need to implement the Road Traffic Management Corporation, or RTMC, Act. Traffic policing is a provincial and local government competency. There are currently more than 200 different traffic policing authorities in our country, with little co-ordination between them and no uniformity in training. It is a real problem, and to address it this National Assembly passed the RTMC Act in 1999. The idea was to encourage co-operation between the different spheres of government. For reasons that are not entirely clear to us, progress in setting up this RTMC has been, to put it politely, exceedingly slow. I surmise that the problem could be that at provincial and local government sphere levels there is a reluctance to pool resources or to surrender exclusive control. If this is the case, then it is exceptionally short-sighted.
I was pleased to note that finally, in the middle of last year, a CEO was appointed for this RTMC, but eight months have passed since then and he remains on his own in an office. We urge our comrades in government please to take this matter of implementation very seriously. Of course, traffic officers can’t occupy every inch of the road network and at the end of the day it comes down to our collective behaviour, but let us at least not allow it to be said that any of us did not do what we needed to do in order to end this terrible carnage on our roads. [Applause.]
Mr S B FARROW: Madam Speaker, it is a real pity that Minister Dullah Omar is not in the House to participate in this debate today. If he is watching on TV, let me take this opportunity of wishing him well and a speedy recovery.
In order to put this debate in perspective I won’t dwell on figures and statistics, as, despite Arrive Alive having been in existence for many years, it is only this year that they can reliably substantiate their accident reports. This in itself makes a mockery of any previous claims that we are winning the war against the carnage on our roads. The fact remains that we have an unacceptably high rate of accidents and deaths on our roads, and one death is one death too many.
The question is whether Arrive Alive, which costs taxpayers over R250 million, has been effective in reducing our accidents and deaths on the roads. Arrive Alive started its initiatives in 1997, and in 2000 the Minister released his Strategy 2000: An End to Carnage on South Africa’s Roads. In this document the Minister declared, ``We have reached the crossroads in road safety in South Africa’’. He then went on to spell out a number of steps he would be taking in changing legislation and regulations, coupled to an all-out offensive against lawlessness on the roads and corruption in various parts of the system. This would include stiffer penalties and the pursuit and imprisonment on corrupt officials. He put the blame on a number of factors: overloading, corruption in obtaining drivers’ licences and fraudulent testing, registration and licensing of unroadworthy vehicles.
What has been said here was in 2000. Let us now look at what the Minister says three years later. He said this on national radio and in the media, and I quote:
The reasons for the high record of road deaths on our roads can be attributed to corruption and fraud at the vehicle testing stations and licensing stations; the reckless and bad behaviour of our drivers brought about by our historical past; the unprofessional and poor quality of traffic officers; the lack of adequate road safety education for our pedestrian population.
He then went on to appeal to citizens to enter the debate and put forward their suggestions.
It sounds familiar. The question is: How far have the Minister and his department gone in eliciting stakeholders’ opinions in this regard or, for that matter, bringing the culprits to book? I think not enough. The Minister and his advisers have looked at all the theoretical methods of reducing the carnage, but have failed to deliver on their theories. Let me say why.
As an opposition party the DA has gone out of its way to interact with road traffic stakeholders in order to find answers, and their suggestions and technology proposals which have been presented to the department have fallen on deaf ears. Many of these innovations have not even been given the decency of a reply or, for that matter, a presentation, despite my appeal to the portfolio committee. This is totally unacceptable. Technologies which in a very small way can eliminate or avoid accidents cannot be ignored. Let’s look at some of these technologies.
There are standardised computer programmes which have been devised and which can eliminate fraudulent licence testing. There are devices which, at a small cost, can eliminate overloading on public transport and heavy vehicles. There are high-tech video cameras which can expose traffic offenders and bring them to book as admissible evidence in court. There are automated daytime running switches which ensure that lights come on at different levels of visibility, day and night, which are known to reduce vehicle to vehicle and vehicle to pedestrian crashes by up to 40% in other countries. There are effective and accurate mobile weighbridges which can be placed strategically to apprehend evaders of fixed weighbridges. Need I go on?
I’m not saying that all these innovations are cost-effective or practical, but by not evaluating them in terms of their use are we not writing out a death sentence for some innocent motorist, passenger or pedestrian whose life could have been saved if these devices could be used and legislated for?
Let me turn to the aspect of zero tolerance. How does the Minister expect zero tolerance to become a reality when he does not have the capacity of traffic officers on the road to enforce the law? Unless we can apprehend and bring to book these offenders, bad behaviour on our roads will continue. I travelled extensively over the recess in most of the provinces, and during my travels I saw only two Arrive Alive stations and only four traffic policemen. This was during the peak of the Arrive Alive campaign.
Officers I spoke to told me of their dilemmas of getting sufficient staff onto the national roads, their demotivation brought about by nonpayment of overtime and ad hoc deployments at very short notice. If we are to create a well-motivated and professional traffic department, every province should have adequate manpower to cover their areas of jurisdiction. Good co- ordination and planning could ensure regular patrols and shifts throughout the year. Visible policing creates a calming effect on motorists, and if they were doing their jobs vehicles which were overloaded or unroadworthy should never start the journey.
What about the introduction of unmarked or nonuniformed police officers or traffic officers patrolling our roads, or using video cameras to record offences? Whilst in Johannesburg I was given the opportunity of riding in a demonstration vehicle fitted with a high-tech video camera, and in the duration of my trip I witnessed over 30 offences being committed in front of my eyes. The fines which could have been accumulated on that small journey would have gone a long way in paying for the equipment. Why aren’t we using this technology, like so many other countries?
No, Minister, the time has come for you to get tough and to relook at your strategies to reduce road deaths. What happened to the need for public transporters to have a certificate of roadworthiness prior to registration or annual licensing? It doesn’t appear to be a criterion any more. And yet I am aware that firm proposals have been presented to the Minister and his department to put in place enough vehicle roadworthy testing facilities around the country to deal with the problem. It is unacceptable that unroadworthy buses and taxis can travel across the width and breadth of our country without having gone through vehicle roadworthy testing.
Let me turn my attention to the Road Traffic Management Corporation, or RTMC. The Act creating this corporation, as was mentioned by my colleague earlier, was passed by this House in 1999 to regulate the appointment of the CEO and managers of the functional units and to empower the shareholders’ committee. Yet the shareholders’ committee was only formally constituted on 18 November 2002.
In the same document which I spoke about earlier, the Minister talked about a vigorous new initiative to reorientate our entire road safety strategy around these bodies, such as the Road Traffic Safety Board, AARTO Road Traffic Infringement Agency and the Road Traffic Management Corporation. Where are these bodies now, some three years down the line? In a report to the portfolio committee on 29 January 2003, the CEO of the Road Traffic Management Corporation reported that of the R57 million needed, the national Department of Transport had only allocated R6 million to start up this corporation.
How serious are we if we can’t even effectively budget for this particular corporation? One of the most important functional units of the RTMC is to look at traffic law enforcement and the training of traffic personnel, yet no one can tell me whether we have sufficient numbers of traffic officers or what the optimum required numbers are. Surely this in itself is an indictment on the department and its agencies as, without visible policing, the battle can never be won and Arrive Alive will continue to fail in bringing down deaths on our roads. The mission of the department as articulated in the 1996 - and I stress 1996 - White Paper on Transport to bring down crashes, deaths and injuries on South African roads by 5% year on year until 2005, I believe, has failed dismally. Thank you, Madam Speaker.
Mr J H SLABBERT: Madam Speaker, I would like to start by saying that it is a great pity that the hon Minister of Transport cannot be with us today for this debate. As we all know, the Minister is receiving treatment for a serious illness and on behalf of the IFP, I want to take this opportunity to wish him a speedy and full recovery so that he may resume his duties in the near future.
Road safety has for far too long been a so-called challenge in South Africa. Every year and specifically in the holiday season, members of the public become either spectators, as the death toll mounts and is reported in the media, or road accident statistics themselves. And every year our traffic authorities make special plans and spend millions of rands with very limited success in bringing down the death toll.
This is a thoroughly depressing state of affairs and underlines my point that road safety can no longer be described as merely a challenge. No, Madam Speaker, the clear absence of safety on our roads must now be described as a national crisis. It is a national crisis because of the loss of life, the huge financial and economic costs and the seeming inability of the authorities to tackle the problems head-on and to solve them.
The Arrive Alive campaign is a good idea on paper, but it has failed. Instead of bringing down the death toll on our roads, it appears to have become a very expensive collector and disseminator of statistics. Surely this was never the intention, but unfortunately it has become the reality.
The failure of Arrive Alive is but one element of the general failure of strict law enforcement on South Africa’s roads. We have more than enough traffic laws and regulations on the statute books. In general, these laws are very good laws, on paper at least, but their enforcement leaves much to be desired. In my opinion, this failure of traffic law enforcement constitutes a national crisis.
Most, if not all the members of this House, have seen the impunity with which motorists flout our traffic laws. Speeding, drunken driving, unroadworthy vehicles and overloading are just some of the more brazen acts of lawlessness.
Lawlessness on our roads has reached the stage where a minibus taxi is overloaded to the extent of 46 passengers, and the operator is driving under the influence of alcohol. Stories abound of so-called vehicle swapping for roadworthy tests where a perfectly healthy vehicle is tested in the place of a road wreck which then obtains the roadworthy certificate.
Motorists are trapped at speeds in excess of 200km per hour. Dangerous overtaking manoeuvres are the order of the day, adequate following distances are not maintained, road conditions such as rain or wind are simply not taken into account. Lanes are changed without a second look or indication of the intention to change. Such is the nature of the Wild West lawlessness we witness on our roads.
This lawlessness has even extended to the traffic authorities in the form of corruption. One example of this corruption among traffic officials is commonly called ``the extra page in the ID book’’, in other words, a R100 or R200 note for the officer to look the other way. It is impossible to say with any accuracy how much corruption occurs in the traffic authorities, but even one instance is one too many.
Yes, it is true that South Africa needs many more and better trained traffic officers, but even thousands of extra traffic officers will mean nothing if they do not enforce the law. Extra personnel may improve the visibility, which is important, as the chairperson said of the traffic authorities, but only if the traffic officers actually take to the roads and enforce the laws where the motorists are breaking them. There is only one way in which we will stop the carnage on our roads, and that is the strictest possible application and enforcement of the law. It is all very well for the authorities to publicly state that they will follow a zero-tolerance approach to traffic offences. I would rather they change that to a no-mercy approach.
Most of us would agree that part of the road safety problem is the absolute disdain and disrespect with which many motorists treat our traffic laws and our traffic officers. Public appeals, advertising campaigns and special projects have not had the desired effect of instilling a culture of obedience and compliance among motorists, that much is clear.
In my opinion, such a culture of obedience will only be achieved through a no-mercy approach to law enforcement. Clearly, the possibility of injury or death is not enough to deter motorists from flouting the law. Perhaps public fear of traffic officers and the sure knowledge of massive penalties and even imprisonment will have the desired effect. I would also like to deal with the issue of pedestrian deaths on and alongside our roads. We know that pedestrian deaths make up a very large proportion of all road deaths in South Africa. In many instances, these deaths are the result of lawlessness and negligence on the part of motorists, but in many other instances, negligence and alcohol abuse among pedestrians are also to blame.
It is a fact of South African life that many informal settlements are situated next to busy roads. It is also a fact that many residents of these settlements have to walk to and from the nearest available transport hub, be it a taxi rank, bus terminal or train station. We therefore have large numbers of pedestrians along some of our busiest roads.
Madam Speaker, in conclusion, the other day I saw a poster dealing with
road safety. It said:Don't just talk about road safety. Let's do it!'' I
could not agree more, but I want to change this slogan just a little bit
and say:Don’t just talk law enforcement. Enforce it now!’’
Madam Speaker, seeing that this is the last time for the foreseeable future that I will be speaking from this podium, as I will become a member of the KwaZulu-Natal legislature, allow me to say to all my friends and colleagues: ``Goodbye, totsiens, salani kahle nonke.’’ [Applause.]
Mr C R REDCLIFFE: Madam Deputy Speaker, we also wish the Minister of Transport, Mr Dullah Omar, a speedy recovery. The New NP welcomes this very important debate that has been put on the Order Paper by the Chief Whip of the Majority Party.
The issue of road safety in South Africa affects every single one of us. I do not think there is not a person who has not been affected by the terrible carnage on our roads. We view visible traffic law enforcement as a critical element in any active road safety project. One must ask whether the Government is serious about law enforcement on our roads. Taking into account all the factors, the answer must be a decisive no!
Despite ongoing calls from Government for voluntary compliance with traffic rules by road users, the general pattern of lawlessness on our roads continues. According to the Automobile Association there seems to be a perception amongst road users, and drivers in particular, that speed-camera prosecutions are virtually the sole element of traffic law enforcement.
Last year South Africa had to make do with only 3 055 traffic officers. This means that there was only one traffic officer for every 2 030 legal vehicles on our roads, even during the festive season, when thousands of people lost their lives on our roads.
According to the answer to a parliamentary question tabled by my colleague, the hon Mr Niemann, during May 2002, there were 1 769 vacant posts and only 241 positions were planned to be filled. The AA has asked for an additional 9 000 on its wish list. This is, in fact, only a drop in the ocean. However, this could be a good start, considering that the more than 500 000 road accidents per year are costing taxpayers more than R16 billion. The cost of lives lost is beyond calculation. Projects, strategies and planned action have no meaning if there are no foot soldiers to implement the existing excellent law effectively.
I am told by the traffic authorities that rendering a service in the Western Cape alone requires 1 500 additional traffic officers. The plan is to bridge the shortfall by phasing in the additional staff over a five-year period. In the meantime lives are lost due to a lack of manpower, poor equipment and low morale in the service.
Two years ago I met a provincial traffic chief from Mumbai, India, here in Cape Town during the festive season. He mentioned to me that during the two weeks he was here he never saw a single traffic officer!
Not so long ago a minibus taxi was pulled off the road near Laingsburg on the N1, and 45 passengers tumbled out. This included 27 adults and 18 children. This minibus taxi must have travelled 500 kilometres before it was stopped. What was more serious is the fact that the driver was under the influence of alcohol.
Following on from law enforcement is the issue of corruption. We should take a strong stand against any form of corruption, especially where road safety is concerned. Fraudulently obtained certificates of roadworthiness and drivers’ licences continue to make a mockery of the Road to Safety strategy, and effectively negate the efforts of dedicated people and institutions who have the safety of our people at heart. Only this past Monday, two former employees of the Isipingo vehicle testing station were found guilty of 676 counts of vehicle-roadworthiness fraud in the Durban Magistrates’ Court.
The critical area of road safety education should be expanded to include ongoing driver education. We support the AA’s proposal that compulsory advanced and defensive driving certification be a prerequisite to obtaining a driving instructor’s certificate. Currently a driving instructor requires no additional qualification in order to instruct learner drivers.
Road safety must become an integral part of the school curriculum, so that becoming safe road users and the dangers associated with using roads should be inculcated in children from a young age. In Scotland they have a ``Children’s Traffic Club’’, for example, where the children are given books and toys with the object of being taught about road safety.
Finally, the Arrive Alive campaign places almost no emphasis on the roadworthiness of vehicles. We must definitely place more emphasis on this aspect. Overloading of vehicles is hardly given attention, and this is one of the major causes of minibus taxi accidents. I thank you.
Mr D G MKONO: Madam Speaker, hon Minister and hon members, as we debate road safety today we should be mindful of the fact that road traffic accidents do not only occur during the festive season, but throughout the year. Therefore, whilst it is essential to embark on intensified selective law enforcement during the festive season, it is also important to continue with law enforcement in the same spirit throughout the year, including embarking on drunken driving blitzes from time to time.
More than 95% of road traffic accidents occur as a direct result of traffic violations and transgression of traffic regulations. These can be attributed to two or more simultaneous human factors such as recklessness, inconsiderate driving behaviour, inappropriate speed for the circumstances and driving under the influence of intoxicating liquor or a drug that has narcotic effects.
All of these are major contributory factors. This, therefore, calls for vigorous law enforcement. Similarly, we are also faced with the vehicle fitness aspect, as well as the bad state of roads, particularly those in the rural areas, where emergency vehicles like ambulances cannot render essential services because they are inaccessible.
The UDM, therefore, calls on Government to seriously consider upgrading such roads. This is especially so when one considers that every road in South Africa was designed in such a way that there should virtually be no accidents if every road user complies with the rules and regulations. The nonvisibility of traffic officers calls on Government to employ more traffic officers, to ensure the effective and smooth running of the departments.
Whilst we have no problem with the use of cameras to measure speed, we would, however, like to encourage traffic departments to make use of law- enforcement officers as cameras are seen by many as a revenue-generating measure rather than a law-enforcement one, and this invokes more contempt and wanton disregard for speed limit signs. In an effort to combat the road carnage, we call on all road users to strive to prevent accidents and to make the roads a safer place to travel on for all those who use them, as every good attempt on the part of traffic departments can only be successful if the public gives its complete support. This is the time to be united, even if we speak with different voices or there are differences in emphasis. We would also like to thank the Department of Transport for the last-minute reprieve on licences and hope that motorists will take advantage of this. I thank you.
Mrs R M SOUTHGATE: Madam Deputy Speaker, the ACDP wishes Minister Dullah Omar a speedy recovery, and we hope to see him in Parliament very soon. The carnage we witnessed on our road in the past years has rated South Africa among the worst in the world.
Questions are asked: Who is accountable and responsible? Who at the end of the day must take responsibility, especially for the fact that the Arrive Alive campaign is not working? Surely Government must be the primary responsible and accountable agent?
Millions of rands are spent on strategic plans and programmes, yet it seems as if we are losing this battle. There is weak enforcement of the law and there are corrupt officials, while crime lords and syndicates control the social service resources, all of which has a direct impact on the poorest of the poor. Speed, alcohol abuse and the ineptitude of drivers are also the main contributors to road deaths.
Vehicles that should never have passed the roadworthiness test are prime killers on our roads. Taxis and buses are overloaded and operate on roads that are well below safety standards. One of the reasons for the number of inept drivers is the easy access to drivers’ licences. Like the credit card system at the moment, they are made available through corrupt practices and certain criminal activities.
One of our primary responsibilities as Government is to root out the corruption that is perpetrated by a handful of people who have no regard for the social wellbeing of our citizens. The ACDP recommends that annual random checks be done on public transport vehicles such as taxis and buses to see if they are roadworthy when owners come to renew their licences. In other words, with each reminder for new licences, a random selection of drivers should be checked annually so that roadworthy certificates can be issued before licences are renewed.
There should also be commitments from provincial governments to keep our roads in good condition. Drivers guilty of excessive speed and substance abuse must have their cars impounded for a period of at least seven days, and should be forced to do community service.
Lastly, visible policing by traffic officials to impose heavy fines on law breakers must also be carried out by our department. Thank you very much. [Applause.] Mnr P J GROENEWALD: Mevrou die Adjunkspeaker, die onderwerp wat ons vanmiddag hier bespreek, is om die uitdaging van padveiligheid in Suid- Afrika te aanvaar. Eerstens wil ek van my kant af die agb Minister baie gelukwens. Ek wil hom gelukwens met sy eerlikheid, want die agb Minister het in die Sunday Times eerlik erken dat die Kom Veilig Daar-veldtog misluk het. Dis nie aldag dat ‘n mens ‘n ANC-minister kry wat so eerlik is nie.
Die vraag is, wat is die uitdagings vir padveiligheid in Suid-Afrika? Ek gaan drie aspekte noem, en ek is oortuig dat as hierdie drie uitdagings aanvaar word, daar beter padveiligheid en ‘n drastiese afname sal wees in die sterftes op ons paaie. Die eerste is die toestand van ons paaie in Suid- Afrika. Daar is vele motoriste wat letterlik van slaggat na slaggat moet ry. As ‘n mens in die nag ry en jy ken die paaie nie behoorlik nie en jy weet nie waar die slaggate is nie, en daar kom ‘n voertuig van voor, sê ek vir u, is dit ‘n gevaar. Die tweede is die tekort aan verkeersbeamptes.
Derdens, en baie belangrik, is dat, soos Arrive Alive sê, regstellende optrede die skuld moet kry vir die onbevoegdheid van sommige van ons verkeersinspekteurs. Ek dink dis ‘n skande as ‘n verkeersinspekteur ‘n R200- boete aan ‘n motoris uitskryf omdat sy remligte slegs werk as hy die rem trap, of ‘n R200-boete uitskryf en sê die truligte werk net as die kar in trurat is.
Dit is ‘n bewys dat die ANC-regering moet ophou om soos ‘n volstruis met sy kop in die sand te kyk na regstellende optrede en behoorlik bevoegde lede moet oplei om behoorlike wetstoepassing te doen. Eers as ons dít doen, sal daar beter padveiligheid wees op ons paaie. (Translation of Afrikaans speech follows.)
[Mr P J GROENEWALD: Madam Deputy Speaker, the subject under discussion here this afternoon is accepting the challenge of road safety in South Africa. Firstly, I personally wish to congratulate the hon Minister warmly. I want to congratulate him on his honesty, because the hon Minister admitted openly in the Sunday Times that the Arrive Alive campaign has failed. It is not often that one comes across an ANC Minister who is that honest.
The question remains, what are the challenges for road safety in South Africa? I am going to list three aspects, and I am convinced that if these three challenges are adopted, there will be better road safety and a drastic decrease in deaths on our roads. The first is the condition of our roads in South Africa. There are many motorists who must literally drive from one pothole to the other. If one drives at night, and has no proper knowledge of the roads and one does not know where the potholes are, and a vehicle approaches one, it poses a danger. The second is the shortage of traffic officers.
Thirdly, and very importantly, is that, as admitted by Arrive Alive, affirmative action should be blamed for the incompetence of some of our traffic inspectors. I think it is a shame if a traffic inspector fines a motorist R200 because his brake lights only work when he applies brakes, or issues a R200 fine and says that the reverse lights only work when the car is in reverse gear.
This is proof that the ANC Government should stop looking at affirmative action like an ostrich with its head in the sand and must train duly competent members to perform law enforcement. Only when we have done this will there be better safety on our roads.]
The DEPUTY SPEAKER: Order! I call upon the hon Mbombo to address the House.
HON MEMBERS: Malibongwe! [Praise!]
Mrs N D MBOMBO: Igama lamakhosikazi! [The name of women!]
Madam Deputy Speaker, every year some 900 people are killed in road accidents and thousands more injured, be they pedestrians, drivers or passengers. These accidents not only impact financially on the economy, but also emotionally on the families and relatives of those who are killed or injured.
The high levels of road accidents cannot be left to continue or be allowed to increase. We have to find ways of curbing road accidents and adopt measures that will enable us to see the high levels of road accidents decrease. It was out of this desire that the Road to Safety: 2001 - 2005 was launched in November 2001.
The Road to Safety Strategy was implemented to address the issue of safety on the roads of South Africa. It addresses three critical areas of road safety, namely the road environment, the road user and the vehicle. The road safety programme focuses its intention on fraud and corruption in the areas of driver training and licensing, vehicle testing and law enforcement. It also focuses on the strengthening of the regulation of road- based freight and public transport modes.
The Road to Safety, 2001-2005 can make short-term to medium-term gains through the proposed interventions. However, the struggle to change the attitudes and culture of the users of our roads will take much longer. The Government is doing all it can, but the users of our roads - pedestrians, passengers and drivers - all have to play their part in helping to make our roads safer for all those who use them.
The national Department of Transport has taken upon its shoulders the task of making the public aware of its strategy to make our roads safe for pedestrians as well. However, there are certain operational issues, such as driving hours, measures to combat driver fatigue, and vehicle safety monitoring, which need regulating, and these should be included in a code of practice.
Users of passenger transport are still ill-informed regarding acceptable service and safety standards and have no easy avenue when exposed to danger. For this reason, the passenger charter is proposed.
There are projects that were implemented during the course of 2002, and the implementation goes on, such as the training of drivers; professionalism among driving licensees; refresher courses; professionalism among vehicle examiners; and investigation of testing stations and their standards. The Government is doing all it can to help us with this Road to Safety Strategy.
There are still projects to be implemented, that is road safety education; identification of hazardous locations; pedestrians’ and cyclists’ visibility; raising awareness of the Arrive Alive Campaign to 24 hours a day, seven days a week and the whole year round. There are also multipurpose road blocks, law enforcement and information centres. Our roads should be checked and upgraded, not forgetting our driving schools.
The Government also has a programme called ``Arrive Alive Again’’. This is a year-long programme which focuses on the reduction of road accidents. In the past years this programme succeeded in raising the awareness of road safety amongst the users of our roads.
The Arrive Alive Campaign will have achieved its goal when we see a reduction in road accidents, when drivers, pedestrians and cyclists take the issue of road safety seriously, and work together with the Government to reduce road accidents.
Ngalo mzuzu mandicele ukubulela koogxa bam, kumaqabane nakuMgcinisihlalo ngokunikwa ithuba lokuba nam ndiphose esivivaneni, ndinqwenelele uMphathiswa uDullar Omar ukuba achache msinyane.
Kwakhona, mandiphose esivivaneni ngokuthi ndivakalise ilizwi lovelwano kwabo baswelekelwe zizihlobo zabo ezindleleni nasezimotweni. Siyile Ndlu noRhulumente sivelana nabo. Amanxeba abo, ngawethu. Intlungu yabo, yeyethu.
Mandingabalibali nabasezibhedlele abalimeleyo. Nabo ndithi mabachache. Sinabo ezingcingeni zethu. Ndiyabulela, Mhlalingaphambili. [Kwaqhwatywa.] (Translation of Xhosa paragraphs follows.)
[At this moment I would like to take the opportunity to thank my colleagues, comrades and the Chairperson for allowing me time to say a few words, and to wish the hon the Minister Dullah Omar speedy recovery.
Furthermore, I would like to express my condolences to friends and families of those who lost their lives in road accidents. This House and the Government are with them during this time of mourning. We share their pain.
I could not possibly forget those that are lying injured in hospitals. I wish them a speedy recovery, too. We have them in our thoughts. Thank you, Chairperson. [Applause.]]
Mr I S MFUNDISI: Deputy Speaker and hon members, may I on behalf of the UCDP wish the affable Minister Omar a speedy recovery. The past summer festive season was the worst ever in so far as road carnage is concerned. Almost double the number of accidents occurred during the period, compared to the corresponding period the year before.
However, much blame has to be put at the door of Government for the matter- of-fact like manner in which the Arrive Alive campaign is being handled. Instead of handling the campaign as a year-round process, it is being treated as an event during festive seasons only. Lengths of roads are death traps marked with dungeons which are mistaken for potholes.
It has to be borne in mind that the legitimate object of Government is to do for the community whatever they need to do but cannot do in their separate or individual capacities. Roads are an example of that which Government has to take responsibility for.
In instances where tarmac road surfaces are in good condition, most often they are not clearly marked, and such conditions lend themselves to hazards in inclement weather. Poor driving skills account for most accidents, as drivers indicate their actions, instead of their intentions.
It is also true that most motorists do not accept the responsibility that goes with driving a motor vehicle. Some drive while under the influence of liquor; others keep driving even when visibility is poor, when they are tired or drowsy; some drive without drivers’ licences; while others drive unroadworthy contraptions that are hazards to the road itself.
We call on all traffic officers to live up to their calling. They should control traffic, instead of watching from under marquees in a group. Visibility of traffic officers will reduce accidents on our roads. I thank you.
Miss S RAJBALLY: Madam Deputy Speaker, Minister Dullah Omar, the MF says may Allah show his most merciful blessing on you for your speedy recovery.
How easily in our hustle and bustle to get to our destination we tend to be reckless and forget about road safety. How often in the morning news on television and radio do we hear reports of road accidents and fatalities? It is a reality from province to province. The pleasing thought is that there were no road accidents reported in either The Star or the Cape Times today.
What is horrific is the summary of fatalities in the various provinces from 1 January 2003 to 28 February 2003, totalling 961. Crashes totalling 768 were reported in various provinces. This is scary.
But a lot has been done to try and change that by our Ministry of Transport, from national to provincial and local governments. In Cape Town we have seen an increase in the number of municipal traffic officers, which has increased the level of awareness of road safety and road regulations, something which provinces should look into adopting earnestly. The changing of driving licences to the new system has also created a greater sense of responsibility, and the threat of penalties has certainly instilled greater discipline in road users.
The MF expresses its support for the Arrive Alive campaign and all other initiatives to make commuting safer for all. It is felt that the threat of heavy fines is a good tool to ensure safe driving. However, it is your responsibility as a driver to take the necessary steps and precautions each time you get into your car, not only for yourself, but for others around you. Nothing is more precious than life, so don’t rush, take it easy and arrive safely. Thank you.
Mr P J NEFOLOVHODWE: Madam Deputy Speaker, the 2002 Road Accident Fund Commission report on the causes of accidents presented to His Excellency, the President of the Republic of South Africa states, and I quote:
Contributory causes of accidents differentiate between human, vehicle and road environment.
The report goes on to state, and I quote again:
The key driver factors identified include speed, the influence of alcohol or drugs, fatigue and basic driver competence. Vehicle-fitness factors include inflated tyres; smooth, worn-out or wrong tyres; vehicle overloading; poor brakes; faulty steering; poor lights or vehicle visibility; and poor general maintenance of vehicle parts. Road environmental factors include poor maintenance of the road surface, resulting in potholes and poor ride quality.
These are the factors that have been identified by this commission, and our strategy should include curbing them to make sure that our roads are safe. The four human factors mentioned, ie speed, alcohol, drugs and driver competence, can, in fact, be controlled. Therefore, we have to bring about measures to ensure that our people do not die.
But the problem is that most of our traffic cops have been trained to monitor speed only. In many instances they hide behind trees and once they have got you, they forget that they have to monitor other factors that bring about death on our roads. Many accidents are caused by taxi drivers, because of the volume of passengers they carry. That is why the statistics become relatively high.
To the extent that all road accident factors mentioned apply to the taxi industry as well, and because of its volume of passengers, the taxi capitalisation programme should be speeded up. This should be accompanied by the training of taxi drivers on all aspects of road usage. The licensing of new drivers should be monitored, so that drivers should carry proper and authentic drivers’ licences. I thank you.
Mrs M P COETZEE-KASPER: Hon Deputy Speaker …
Hon MEMBER: Malibongwe! [Praise it!]
Ms M P COETZEE-KASPER: Igama lamakhosikazi! [The name of the women!]
Hon Deputy Speaker, members, we are nearing Easter and I think this is the right time that the Chief Whip has brought this to the attention of the public.
According to our mindset, our thinking as the public about the road accidents, the carnage, it is the Government’s responsibility to reduce the carnage, to protect the public and to save the lives. Even though all measures have been taken to reduce fatal accidents, the sole responsibility still lies within us, as road users. Everyone is responsible for their own safety when driving or crossing a road or a street.
We know that there are factors that may cause the accidents but should the blame be put only and solely on Government and the national department? Personally I disagree, because of fact and not fiction. It’s not the Government, it’s not a department who sits behind that wheel, who crosses the road. It’s the individual who is among the public out there. It’s me and it’s you. I point one finger at you - the rest are pointing at me. That says, take responsibility - be accountable.
Let’s look at the national road strategies which were put in place and the Road Traffic Accident Investigation and Reconstruction document of 31-10-
- This is proof of the carnage. Compare these figures with the previous years where there were no comprehensive detailed statistics. This in reality means that accidents have declined, although not with what we would like to see, but there is a change.
Dit wil nie sê ons kan nie meer doen om te voorkom dat meer mense hul lewens verloor nie, maar wat is ons as padverbruikers se voorneme? Soos elkeen van ons gewoonlik ‘n resolusie neem aan die einde Desember van elke jaar, so moet ons elke oggend ook ‘n resolusie neem wanneer ons in die pad val - of dit te voet of te motor is. (Translation of Afrikaans paragraph follows.)
[That does not mean that we cannot do more to prevent more people from losing their lives, but what is our intention as road users? In the same way as each of us usually makes a resolution at the end of December every year, so we should also make a resolution every morning when we set off on the road - whether it is on foot or by motorcar.]
The other strategy of the department is to counter the carnage, which is called Road to Safety for the next five years from 2001 to 2005. The starting point in the implementation of national reform is to allow a more comprehensive and co-ordinated approach to road traffic management.
Ons weet hoekom baie voetgangers sterf. My voorsitter het alreeds hieroor gepraat, maar ek wil meer breedvoerig daaroor gaan, omdat alle planne van massavervoer naby of in die omgewing van 500m van die swart woonbuurte gebou is, soos in die geval van stede. As ons kyk na die nuwe pad wat verby Century City of verby die Casino gaan, watter woonbuurte is naby daardie paaie? Dit is ons swart woonbuurte, en dít is eintlik die oorsaak waarom voetgangers aan hulle dood kom. Ek noem dit ook: Elke plaaslike regering moet kyk na hulle bouplanne, kyk na hulle infrastruktuurplanne. Vanaf 1994, die meerderheid van die plaaslike regerings het nog nie daarna gekyk en ‘n verandering gebring aan dié planne nie en die paaie is die belangrikste, want dit neem die lewens van ons gewone burgers, van die werkers en van ouers. (Translation of Afrikaans paragraph follows.)
[We know why many pedestrians die. My chairperson has already spoken about this, but I want to discuss it in further detail, because all plans of mass transport are built about, or in the vicinity of, 500m from the black residential areas, as in the case of cities. When we look at the new road that runs past Century City or past the Casino, which residential areas are near those roads? It is our black residential areas, and that is actually the reason why pedestrians lose their lives. I also mention this: Every local government must look at its building plans, look at its infrastructure plans. Since 1994 the majority of local governments have not yet looked at them and changed these plans, and the roads are the most important, because they take the lives of our ordinary citizens, of the workers and of parents.]
I would like to approach the road carnage from a different angle. Every driver and pedestrian should be a responsible person. This ANC-led Government doesn’t want to see people dying like flies but are our road users responsible? Has our freedom given the road users the freedom not to care about the other person or is it just a matter of ignorance of the rules and law because it’s the ANC Government?
To the public, I want to assure them that Government is busy implementing the Road Accident Investigation and Reconstruction Strategy. But - a very big and bold but - what are you doing on the road? Just here in the city, Cape Town, the pedestrians don’t care if the traffic lights are green for a driver. They walk at ease and the majority of them are not even elderly. It’s young adults and the youth. The driver of the vehicle must wait until they have passed at their own pace. The taxi-drivers in the morning and in the afternoon during peak traffic just pass. You must give way. What about the next driver behind you? They just want to pass. Is this part of the traffic rules? No, it’s not. It’s misbehaviour of the driver. It’s misbehaviour of the pedestrians.
As ek aan die publiek moet vra hoeveel meer geld moet ons nóg spandeer - waar is die agb Farrow? - om die paaie nóg veiliger te maak, sal ons dan versigtiger ry of loop? Sal ons dán alle reëls en regulasies gehoorsaam onder die ANC-regering? Of is dit ‘n kwessie van ek gaan nie binne die perke van die spoed hou nie, ongeag of ek self dood kan gaan? Die persepsie van die publiek is dat ons nie veel doen nie. As ons nie veel doen nie, waarom het ons die AA gevra, wat elke jaar vir ons ‘n uiteengesette verslag gee van wat huidiglik die oorsake van ongelukke is? Ons het die SAPD, ons het die geneeshere, ens. Waar langafstandspaaie onbruikbaar is, word dit nagesien. Waar skiet ons tekort, Adjunkvoorsitter, lede? (Translation of Afrikaans paragraph follows.)
[If I were to ask the public how much more money we still have to spend - where is the hon Farrow? - to make the roads even safer, will we then drive or walk more safely? Will we then obey all the rules and regulations under the ANC Government? Or is it a question of my not being willing to keep to the speed limits, regardless of whether I myself could die? The perception of the public is that we do not do much. If we do not do much, why have we asked the AA, which gives us a detailed report every year of what is currently causing accidents? We have the SAPS, we have the doctors, etc. Where long-distance roads are unusable, they are repaired. Where are we lacking, Deputy Chairperson, members?]
The starting point of this strategy is the implementation of institutional reform to allow a more co-ordinated approach to road traffic management. In doing so, the AA regularly commissions studies into road safety. In 2000 three studies were handed to the Minister of Transport.The global perspective is that by 2020 the figure of road injuries and deaths will be number three in the world.
I want to propose a harsh punishment. Offences of drunken driving, first time - R5 000; second time - take licence away for five years; third time - for life. Sleeping and driving, first time R1 500; second time - R3000; third time - take licence away for life. Overloading, first time - R5000; second time - take licence away for five years; third time - take licence away for life. Take away that licence. Reckless driving, take the licence away even for the first time - take it away. [Applause.] Under influence of medication I think when you get medication the doctor tells you not to drive - at least just give R1 500 for the first time; R3000 for the second time; R9 000 for the third time and for the fourth time take the licence away.
Because of all these causes we face a deadly road that all road users have to fear. Some of us will blame the road environment or the vehicle, which is correct. But what about the road users, drivers, pedestrians? [Time expired.] I thank you.
The MINISTER OF MINERALS AND ENERGY: Madam Speaker, hon members, I’m standing in for Minister Radebe, who was supposed to stand in for Minister Omar, who is recovering at home. We wish him well, and we really wish he were here. Minister Radebe is on his way to New York to list Telkom after a successful listing on the JSE this morning, whose shares started to trade at the level at which we wanted them to trade this morning. So it was an exciting opening. [Applause.]
I am here representing my two brothers, and they ain’t heavy.
I want to start off by making remarks based on some of the comments made by certain members, particularly about the Arrive Alive campaign, because the impression that has been created is that the response of the department is only the Arrive Alive campaign. There are a number of comprehensive initiatives that are being implemented by the department, and the Arrive Alive campaign is but one; it’s more visible, but it’s not the be-all and end-all, and I think it’s important to note that.
I think the hon member Redcliffe’s comment needs to be taken seriously regarding the traffic official from Mumbai. I would also like to suggest to the hon member that if he has not been to Mumbai he should do so in order to see how traffic works there. I think that would be an interesting lesson to learn.
I also want to highlight the seriousness of the subject we are discussing today. In December when we were witnessing the accidents and the tragedies, there was a tendency to focus on this as a Government problem, almost absolving the driver. There was also always a tendency to focus on the Minister as if he were behind every wheel that was on the road. This was extremely unfair, and, again, it absolved the driver.
I think what we saw this week in the long licence queues gave us a sample of the kind of driver we are dealing with and the need for us to ensure that we focus on driver education, and that we ensure that they also take responsibility and do not pass the buck, as the last speaker said.
So we have just finished another festive season. During the period December 2002 and January 2003, many people lost their lives and many more families were plunged into trauma and sadness due to road traffic accidents. According to the records of the Department of Transport, 1 210 persons lost their lives in 969 fatal road accidents during the December holiday period.
This shows an increase of 34 fatal accidents or an increase of 3,6% in comparison with the same period the previous year. Of the persons killed, 25,82% were drivers, 34,54% were passengers in or on vehicles, and 39,64% were pedestrians. The severity of the rate of accidents in terms of the number of persons killed per fatal accident decreased, however, by 4,6% from 1 031 in December 2001 to … I am sorry, I don’t understand the statistics.
It should be noted that the number of fatal accidents must be judged against the backdrop of the increase in the number of vehicles registered in South Africa, the increase in the traffic volume as well as the vehicle kilometres travelled over the festive season. Currently, Government does not have a mechanism for monitoring the actual vehicle kilometres travelled on a continuous basis. This limitation means that accurate comparison from year to year on the growth of the accidents cannot be measured. The number of fatal accidents in terms of the number of registered vehicles shows an increase of 14,13% to 15,86% fatal accidents for every 10 000 self- propelled registered vehicles during December 2003.
The important lesson to draw from here, and an observation that hon members should make, is that the number of fatal accidents is not necessarily higher during the month of December when compared with any other month of the year. Considering the number of monthly fatal accidents per province throughout the year, it is evident that there are many months in which the number of accidents is actually higher than December. These months, in particular, are June and August when the days are shorter during the winter months and more vehicles travel during the hours of darkness. There is also more smog and mist on the road during that time.
There is a correlation between where the accidents happen, the people that are affected by these accidents and the socioeconomic circumstances of those people. There is also an interesting comparison between South Africa and countries of the same level of economic development, such as Brazil and Turkey, where there is a highly developed economy on the one hand and a very underdeveloped economy on the other, and where you have people who live in those extreme circumstances. So we must not attribute these challenges only to the matters that are strictly to do with transportation and the roads. It’s part of the macroeconomic challenges that we face in South Africa and the improvement of the quality of life of our people.
We need to ask ourselves how these accidents happen and why. Statistics have shown that in the order of 95% of all accidents happened as a result of a traffic offence. In the reports provided by the SAPS to the department it is clear that that is indeed true. It should be noted that statistics have shown that an accident seldom happens because of one factor only. In most cases it is two or three, even a culmination of more factors.
The majority of accidents happened because of reckless, negligent and inconsiderate driver behaviour that can be related to an offence. An unroadworthy vehicle with defective lights, smooth or worn tires and a braking system that does not function properly further contributed to the number of accidents.
A detailed analysis of 21 fatal accidents in which more than five persons were killed was done. The driver-related factors in these accidents in which a total of 149 persons were killed showed that 31% of the accidents happened because of unsafe and illegal overtaking of other vehicles, 23% related to speed and 15% related to alcohol. Fatigue played a role in about 18% of these accidents, of which 66% happened at night on intercity and interprovincial roads.
So, clearly, the issue of driver responsibility and some of the issues that were raised by the last speaker are quite critical.
It was also found that, on average, overtaking offences increased and that barrier lines are ignored by many drivers. This explains the high number of gruesome head-on accidents which usually claim the lives of most of the vehicle occupants.
With regard to alcohol, it was found that, on average, for the country as a whole, about 10% of drivers of vehicles and 7% of pedestrians exceed the legal limit. For drivers this figure was highest in the Western Cape - yo - namely 21%, and it was about 20% for pedestrians in Gauteng. On average, about 8% of drivers were found to be driving without a valid licence. The survey pointed out that disregard for red traffic signals is a major contributory factor to accidents in cities and towns, and that this is on the increase. Speed also remains a problem, with about 44% of drivers exceeding the speed limits. The statistics go on and on.
So, improving the safety of all South African road users in the new century presents an enormous challenge, a challenge we as Government are prepared to meet together with the community and the transport industry. However, safety in everyday practice is a shared responsibility of the different spheres of Government as well as the different stakeholders in the community and outside Government.
The department has a number of intitiatives and projects that are addressing these challenges. There is research that is being undertaken which addresses the causes of accidents; there’s a fostering of greater community participation and partnerships in improving road safety; a promotional and educational campaign is being conducted in order to influence and modify road-user behaviour; and investment is being made in road design and road safety in order to improve sites with car crashes occurring more frequently.
However, there were a number of proposals which were made by hon members, especially the chairperson, including certain observations that he made. I’m sure that the department has taken note of that and that the Minister will be able to take note of them and do whatever he has to do in order to improve the situation. [Applause.]
Debate concluded.
DEEDS REGISTRIES AMENDMENT BILL
(Second Reading debate)
There was no debate.
Bill read a second time.
USURY AMENDMENT BILL
(Second Reading debate)
The MINISTER OF TRADE AND INDUSTRY: Madam Deputy Speaker, colleagues, the Usury Act regulates the limitations and disclosure of finance charges levied in respect of money-lending, credit and leasing transactions.
As at June 1999 money-lending transactions in respect of which the loan amount is below R10 000 are exempted from the provisions of the Usury Act on certain conditions. In terms of the exemption, money lenders must registered with the regulatory institution recognised by the Minister of Trade and Industry, and must conform to certain standards of conduct.
The Micro Finance Regulatory Council (MFRC) is the only regulatory institution that can register money lenders. The mandate of the MFRC is currently to ensure compliance with the provisions of the exemption notice by registered lenders, while the DTI is responsible for those money lenders that remain unregistered.
The DTI has performed a number of proactive inspections of microlenders over the past three years. However, a large number of these microlenders exist and many remain unregistered. For this reason it is the view of the DTI that additional enforcement capacity is necessary, to ensure that the abuses of microlenders can be effectively dealt with.
The purpose of the amendment is to amend the Usury Act to enhance its enforcement capacity by providing the regulatory institution, the MFRC, with inspection powers in terms of the Usury Act, and also to provide that persons other than Public Service officials can be appointed as inspectors. The amendments propose that the Chief Executive Officer of the MFRC be given the same powers to appoint inspectors and require information as the current registrar of the Usury Act.
The Bill defines, for the sake of clarity, the Chief Executive Officer, inspector and the regulatory institution, and amends the definition of the registrar. The definition of the registrar is being amended to include the Chief Executive Officer, but this only in so far as the powers to appoint inspectors and obtain information from parties and declaratory orders from a court of law apply.
I am of the view that the proposed amendments will enhance our capacity to enforce the Usury Act and protect consumers from unscrupulous money lenders. The Bill would enable the Government to discharge its duties in the most resourceful, efficient and cost-effective manner possible.
I welcome the request and the interest shown by the portfolio committee in the overall approach we should be taking to the question of interest rates and credit law reform. We have now had some experience of the new dispensation where we attempt to register microlenders, and I think it is appropriate to do what we are currently doing, which is to undertake a review of this whole area. We will certainly be coming back to the portfolio committee with our views of what may be necessary changes.
I would like to thank the portfolio committee and others for their support in this respect. I think it is important that we add additional impetus to our ability to please the microlenders. [Applause.]
Dr R H DAVIES: Madam Deputy Speaker, in 1992 the previous government published a notice which conditionally exempted money lenders engaged in transactions below R6000 from the provisions of the Usury Act. More specifically, loans of less than R6000 were exempted from the provisions of the Act, which capped interest charges, provided that those who were engaged in this activity complied with minimal conditions relating to the provision of written notification to clients informing them of the extent of their liability, and abided by a three-day cooling-off period.
Coming at a time when the formal banking industry was increasingly withdrawing from the provision of services to lower-income customers, the 1992 exemption notice was a major spur to the emergence of a sizeable microlending industry in this country. By 2001 registered microlenders alone were dispersing an estimated R10 million in loans each month, and this was an industry with a combined turnover totalling over R14 billion.
The microlending industry has become something of a double-edged sword. On the one hand it provides access to much-needed credit for poorer people excluded from the facilities of the formal of banking industry. On the other hand, the microlending sector has been severely criticised for widespread malpractice and the exploitation of borrowers. What we have seen is the emergence of an industry providing mainly consumer credit to wage and salary individuals and those in receipt of welfare payments, rather than funds for developmental or productive activity.
Among the abusive practices that have been reported over the years have been the withholding of IDs, bank cards and pin numbers, as well as strong- arm enforcement tactics, the harassment of persons in pension queues and the charging of extremely high interest rates of over 30% a month.
The relationship between lenders and borrowers is an inherently unequal one. This was recognised even in biblical times. At this point I want to quote from the Bible, but before I do so, I just want to point out that I am not about to walk over to the ACDP!
Today’s lesson, then, is from the Book of Proverbs 22:7, and it reads as follows:
The rich man lords it over the poor, the borrower is the lender’s slave.
That is the end of the lesson! Money-lending is, in short, an activity that has long been recognised - even from ancient times - as being in desperate need of regulation to protect borrowers against abuse by lenders in an inherently unequal relationship. It is also in need of prudential regulation.
The DTI is responsible for the administration of the Usury Act, and made its first logical consumer protection regulation by way of a revised exemption notice which was published in July 1999, following, I might add, hearings in portfolio committee of the previous parliament. The 1999 exemption notice raised the ceiling for eligible loans from R6 000 to R10
- However, it required any business taking advantage of this provision to affiliate to an approved regulatory institution.
The revised exemption notice also set an interest rate cap at 10 times the prime lending rate for institutions operating under this provision. Most unfortunately, in my view the court struck down this provision on technical and procedural grounds. As the Minister indicated, the Micro Finance Regulatory Council was later designated as a regulatory agency, in term of the exemption notice, and has been up and running for some years now. Among the other things that it proscribes is the practice of withholding IDs, bank cards and pins by its members, and it has introduced a system of administrative fining.
A major loophole in existing legislation is that the MFRC has not had any jurisdiction outside of its registered membership base. It has not had any authority to act against unregistered microlenders who may be contravening the Usury Act. Enforcement of the terms of the conditional exemption from the Usury Act have been the exclusive prerogative of a small number of inspectors employed by the department as public servants. The present Bill aims to close this loophole and take a step towards a more effective enforcement of regulations by allowing the CEO of a recognised regulatory agency to appoint persons other than public servants to carry out the task of inspectors.
The committee agreed with the proposals to improve the effectiveness of regulation in this way, and was unable to agree with those who made submissions to us suggesting that because of alleged irregularities in the MFRC and the DTI’s inspectorate, some of which were clearly unfounded, we should reject this Bill. This Bill will be a step forward, in particular in enabling us to act more effectively against unregistered microlenders.
I want to suggest that one of the early targets of investigations ought perhaps to be looking into the activities of those unregistered microlenders who claim to be abiding by the provisions of the Usury Act by charging formerly designated interest rates in line with the Usury Act, but also then impose a series of additional charges on top of those. The Bill will be a step forward, but it won’t be a panacea of all the very real problems.
I am pleased to see that the Minister indicated that there is a broader review of the regulations. The department also told us that they were considering redrafting the Usury Act to provide for regulation by way of an act of Parliament rather than an exemption notice. Certainly, the committee looks forward to engaging further on these matters.
In the meantime, we commend this Bill to the House. Thank you. [Applause.]
The DEPUTY CHAIRPERSON OF COMMITTEES: The Rev Meshoe seems to be thinking that you were talking about good deeds, instead of legal deeds! [Laughter.]
Mr C M LOWE: Deputy Chairman, Mr Minister, the intention of this Bill is quite laudable and the philosophy of outsourcing the oversight function to a nongovernmental body, the Micro Finance Regulatory Council (MFRC), is welcome. But behind the good intentions lies a failure to consult any parties other than the MFRC, and the ominous tale of intrigue and failure to act by the department.
Despite being statutorily obliged to, the DTI’s Usury Act registrar has failed to provide consumers with the protection, regulation and oversight function they are entitled to. In some instances where allegations of contravention have been made, the MFRC stands accused of not acting with the same vigour against larger banks and financial houses as they do against smaller lenders, or any vigour at all. The registrar of the DTI appears reluctant to undertake such investigations. Whatever the reasons, not a single proactive inspection has been carried out by the registrar in the past seven years.
In a letter to the editor of Rapport in May 2000, the Director-General excuses us by saying, and I quote:
The fact that the majority of the South African population still does not have access to the formal banking sector, played a contributing role in the decision not to prioritise alleged contraventions by large financial institutions towards a small, well-educated minority group.
This frankly racist remark completely ignores the fact that 80% of the microloan industry is controlled by the registered commercial banks and implies that if you are a member of a small, well-educated minority group, then you are actually a second-class citizen and the state will take its time protecting you, if it does so at all.
Where accusations of overcharging have been brought to the registrar’s attention, she has simply failed to act. An example is Saambou Bank, which, for seven years until February 1999, ignored a Reserve Bank warning to credit bond-holders with early repayments before calculating interests due. Why did the registrar or the MFRC not act? At what cost to the taxpayer must the Saambou curator now sift through the mess and repay clients of the former building society money that they were overcharged?
Frankly, it is no surprise that the registrar failed to respond, because she was impossible to reach. The DTI had no less than eight different numbers for her, all of which went unanswered. Neither the department’s call centre nor their communications staff knew how to get hold of her. They did have a number that actually belonged to a frustrated Department of Agriculture official, who has been trying for two years to get the Trade and Industry staff to stop referring such calls to him.
Under the registrar’s tenure case files have been lost; there have been five known complaints about poor service lodged with the public protector; and even a charge of defeating the ends of justice laid against her with the SAPS. Finance Minister Trevor Manuel correctly said that public servants who did not do their job should resign.
The DA believes he should go further. Public servants who fail to deliver service, who appear to wilfully obstruct the law and fail the very consumers who pay their salaries, should be fired. But far from being fired, the registrar has not even been disciplined, but simply moved to another department. There is still time to correct that, Mr Minister, sir. In the immortal words of your colleague, ``it is the right thing to do.’’
The Bill seeks to sweep the DTI’s shortcomings under the carpet. It fails to address the charges of favouritism or the calls for an enquiry into the MFRC. It does nothing to prevent speculators from continuing to borrow at market rates and lend in the micromarket for exorbitant profits. The DA opposes the Bill.
I would also at this stage like to thank the Trade and Industry portfolio chair, Dr Rob Davies, and his colleagues for welcoming me so warmly to the committee. My appreciation to my predecessor, Nigel Bruce, for his groundwork on which my contribution today is based. Thank you. [Applause.]
Mr H J BEKKER: Mr Deputy Chairman, the IFP will support the Usury Amendment Bill, although certain questions can be asked about the appointment of inspectors from the private sector to assist the existing inspectorate, particularly their appointment from the macrofinancing sector itself.
I am, however, confident that the Minister and the department would be able to sort out any irregularity, should it ever occur. The hon Dr Buthelezi previously said Minister Trevor Manuel is probably the most successful Finance Minister. Today I want to pay tribute to the hon Alec Erwin by stating that he is probably the best Trade and Industry Minister ever. [Applause.]
This is probably my last speech in this Parliament, so I indulge your patience if I deviate slightly. I have served on the Portfolio Committee on Trade and Industry since 1994. During that period we naturally had differences of opinion, but by far, in the majority of cases we were in agreement with each other. In this committee we experienced a significant degree of openness, and I even had the opportunity to have some of my ideas taken on board and even implemented.
My thanks to the chairman, Rob Davies, and other members of the committee. We had indeed become a wonderful team, as well as friends. Can I also refer lightheartedly to our team effort in going to Belfast under the capable leadership of the hon Connie September? I think this will rate as one of the most memorable occasions ever.
After 22 years in active politics, 16 of which were in this Parliament, one becomes part of the furniture and it may be time to move on. I can surely say that I have had hundreds of friends in this Parliament and not a single enemy. Political opponents, yes, but after the debates we could always shake hands and be friends.
To all members and colleagues, thank you for your friendship, particularly the parliamentary golf club and my golf colleagues. May I also thank my party, the IFP, particularly my leader, Dr Buthelezi, and the leadership for the confidence they have shown in me by deploying me in the Kwazulu- Natal legislature? I can only give my best, and hope that my presence will make a positive contribution in Kwazulu-Natal.
Vele kollegas en vriende het dikwels gewonder waarom ek altyd Engels praat in die Parlement en waarom ek meesal in Engels debatteer. Feit is, meeste van my kollegas in die IVP is Zulusprekend, en ‘n mens het maar ‘n soort lingua franca nodig. Uit respek vir hulle wonderlike toegewydheid en hul beleefdheid teenoor my al die tyd het ek besluit dat ek maar altyd Engels sal praat. (Translation of Afrikaans paragraph follows.)
[Many colleagues and friends have often wondered why I always speak English in Parliament and why I debate for the most part in English. The fact is that most of my colleagues in the IFP speak Zulu, and one does need a lingua franca. Out of respect for their wonderful dedication and their unfailing politeness towards me I decided that I would always speak English.]
In conclusion, may I pay tribute to the Speaker and the Deputy Speaker, as well as the Secretariat. Your courtesy and dedication have been an example of how the Speaker’s chair should be handled.
Thank you, colleagues, go well. I wish you the best for the future. Totsiens, baie dankie, ngiyabonga kakhulu. [Applause.]
The DEPUTY CHAIRPERSON OF COMMITTEES: Order! I think, on behalf of all the members, I can say to the hon member, ``Hamba kahle!’’ [Go well!]
Dr R T RHODA: Chairperson, usury is interest at a much higher rate than the law allows. A usurer is a person who charges more than the maximum legal rate. I am told that in biblical times this was forbidden, but was permitted later during the time of the Roman Empire.
In general people regarded interest and usury as synonymous up until the middle ages, because most of the borrowers were - and still are - people who needed money to obtain the necessities of life. A difficulty arose, however, because the risk and cost of making these small loans were so great that legitimate dealers would not handle such loans. This gave illegitimate loan sharks their opportunity.
The Bill is an amendment to provide for persons other than public service officials to be appointed to inspect the activities of a moneylender, credit guarantor or lessor. In our townships, where people have suffered economic deprivation for several generations, the money-lending culture enables the poor to cope with their extreme circumstances. This, of course, allows the moneylender to thrive like hell.
In townships moneylenders are moneymakers. Payday is rip-off day. One only has to visit the payout points on payday to witness this truly sad situation. Payday is moneylenders day, as the moneylenders descend on farms to intimidate and harass the people. Moneylenders in the guise of vegetable vendors, fish vendors, tavern operators and informal traders descend like vultures and vampires upon the frail, weak and defenceless pensioners and other social grantees, only to strip them clean and force them back into a state of total dependency and indebtedness on these rogues.
The same drama plays itself out month after month, unfortunately. They do this ruthlessly, fearlessly and without shame, and at times they are even assisted by security officials who are supposed to be actually protecting them by securing the area. These security officials go in and actually help the loan sharks to get the money out of these poor souls.
Unfortunately, however, the culture of moneylending, like any other culture or tradition, is self-perpetuating. Collectively, we must find ways and means to break this moneylending culture, which, of course, is closely linked to poverty, as we all know. We must try to help and educate our people to discipline themselves and try to budget more carefully. This culture can only be broken, I suppose, once there is more employment and less dependence on social grants. The New NP supports the amendment. I thank you.
Mr T ABRAHAMS: Chairperson, hon Minister and hon members, allow me, firstly, to wish both the hon Hennie Bekker and Oom Jan well in their new venture. They are both very good friends and opponents. We will miss you in the National Assembly. Our loss is KwaZulu-Natal’s gain.
I must mention that I stand here in the place of Mr Cedrick Frolick, who is the member of the UDM on the committee. I am the alternate, as Mr Frolick cannot be here today.
The Usury Amendment Bill before this House today seeks to extend the powers of the CEO in the office of the registrar to allow him to appoint additional inspectors from outside that office, to assist with monitoring the compliance of microlenders with the Usury Act and regulations.
The powers that this Bill grants lead in essence to the outsourcing of this function, in order to address the lack of capacity in the registrar’s office, which currently has only 15 inspectors at its disposal. Monitoring the microlenders’ compliance within the usual prescriptions is a vital and necessary function that cannot under any circumstances be neglected.
Too many South Africans have been preyed upon by ruthless individuals in the microlending sector, causing untold damage to their livelihoods and health. In addition, the industry plays a significant role in bringing millions of marginalised South Africans into the economic mainstream.
Harmful business practices undermine this vital role and discredit the valiant efforts of human and responsible microlenders. The Bill is, therefore, necessary and the party will support it, but we must caution that candidates must be stringently evaluated to ensure that only people of the highest integrity are selected.
It is especially important that nobody is selected for such a position if that person has a direct pecuniary interest in the microlending industry, in order to avoid conflicts of interest. Government must be thoroughly aware of and alert to the potentially damaging … [Time expired.]
Miss S RAJBALLY: Deputy Chair, the MF supports the Usury Amendment Bill. The MF has always stood firm on the question of the community working closely with the Government and vice versa, as well as co-operation between the public and the private sectors. In the light of this, the Usury Amendment Bill is supported, since it positively influences relations between the public and private sectors.
While the MF does support the Usury Amendment Bill, concern is hereby expressed that it allows the registrar to delegate or assign powers and duties, not only to public servants, but to someone in the private sector. The question should be asked here: Who shall these officials, in turn, be accountable to, and what mechanisms are in place to ensure efficiency and accountability?
The MF feels that this is extremely important, and needs to be dealt with, noting the importance of making this sector efficient. Further, it is felt that an outside eye to inspect the activities of moneylenders, credit grantors and lessors may put a tight spin on their activities. But what mechanisms are in place to ensure proper control over inspectors from the private sector, and to prevent corruption?
Thank you, Deputy Chairperson. [Applause.]
The DEPUTY CHAIRPERSON OF COMMITTEES: Thank you, hon member. The next speaker is the hon September. I think she might tell us a little bit about her visit to Ireland!
Ms C C SEPTEMBER: Deputy Chairperson, we are dealing with the Microlending Bill, not Ireland!
Let me take this opportunity to say to Oom Hennie …
… ek dink ons gaan jou definitief mis. Dis ‘n jammerte dat jy weggaan uit die Nasionale Vergadering. Jy was ‘n regte staatmaker in die komitee as dit gekom het by wetsontwerpe en so aan, maar laat dit goed gaan in KwaZulu- Natal. Ek hoop ons sien jou in ons banke in 2004. (Translation of Afrikaans paragraph follows.)
[… I think we are definitely going to miss you. It is a pity that you are leaving the National Assembly. You were a real stalwart on the committee when it came to Bills and so on, but I wish you well in kwaZulu-Natal. I hope we will see you there in our benches in 2004.]
The amending Bill allows for persons other than Public Service officials to be appointed as inspectors to inspect activities of moneylenders, credit grantors and lessors. The South African financial sector is generally perceived to maintain a bias against black people, women and youth who use some form of small-scale lending or microfinancing to start a small business, or those who need student fees, burial fees, and so on. In South Africa, microlending is a billion-rand industry and plays a major role in the economy. Already in 1999 the Minister of Finance stated in his Budget Speech, and I quote:
Too many people have become hostage to unscrupulous moneylenders. There is a place for the microlending industry, but we will not tolerate the blatant exploitation that appears to be taking place at the moment.
The majority of complaints about alleged contraventions of the Usury Act relate to microlending regulations. It remains the duty of the registrar of the Usury Act in the Department of Trade and Industry to protect people such as pensioners, the illiterate and the poor against unscrupulous lenders. To explain this, I would like to turn to some surveys that we conducted when I was still in the clothing and textile industry. Certainly, it shows that microloans are a major issue, if not the biggest contributing factor, when it comes to absentees in factories.
When workers cannot meet their financial commitments, they would turn to microlenders for help and get further and further into this debt trap. The ease with which one can acquire a loan from these lenders makes people approach a different lender time and time again, which results in this process repeating itself again and again. When hidden charges are added, workers don’t know how to get out of this debt trap.
We also find that some microlenders still keep their clients’ IDs and bank cards. After the lenders have collected their share, the workers collect the change, if any. Although this is all against the law, workers will allow this practice to continue as they are desperate to get access to credit. Some of them end up having garnishee orders taken against them.
This cycle of misery is continuing in the area of microlending. We are not crossing over to the ACDP, but I also want to quote from the Book of Matthew in this instance, where it says that when Peter, James and others were in an economic crisis trying to fish for the whole night, fishing in shallow water, they did not catch any fish. Jesus came and said to them, ``Go deeper.’’ That is unlike the unscrupulous lenders who are taking people even out of shallow waters to go and try the dry land. [Applause.]
The measures to control moneylenders remain weak and the amendment to the Usury Act will allow for some form of regulation of the industry in the form of the inspectors. These inspectors should proceed into the investigation stage well aware that they will receive proper protection by a law that is transparent and fair.
Because of the kind of problems that we are experiencing, we as the ANC would like to make a number of proposals to take on board. Some of them would be that the lending institutions must have a clear mandate in terms of their development role and that the regulatory framework for the financial sector must be made accountable, responsive, transparent and development-focused.
The Government must start making available the announcement that was made by the President on the Apex Fund that the Banks Act be reviewed to create an abling environment for the financial institutions to lend to poor women with savings and that the interest exemption requirement for microlenders under the Usury Act be revisited. People must also be educated on the dangers that pyramid schemes pose for the poor population. Here again we are saying that this could be done through our constituency offices.
I would like to conclude by saying that the financial legislation, regulations and rules are necessary to help control the microlending industry in South Africa. Therefore, we would welcome a much broader input into the Bill, unlike the amendment we had. The proposals that we are making could later surface into the overall Bill.
On the questions raised by the new member of our committee, I do want to assure the Minister that all these areas - eg the failure to consult or to protect the registrar - were all dealt with in the committee. They were answered very well by the relevant officials from the Minister’s department. It is unfortunate that the member was not in the meeting at all to listen to all of this, and one is quite surprised that he is now opposing something that he didn’t even listen to in the meeting.
I thank you. [Applause.]
The MINISTER OF TRADE AND INDUSTRY: Chairperson, I would like to thank those speakers who supported this amendment. It is a limited but necessary amendment, in my view. I am somewhat inspired by all the Biblical quotes. I do feel tempted at times that I should do what Christ himself did, and that is to go and clean out the moneylenders, because this industry is problematic. But it does, at the same time, in many respects fulfil a very important function in our society, as the hon member Connie September indicated.
One of the things that I have been very pleased about in my years as Minister of Trade and Industry is the very constructive role that the portfolio committee has played time and again on critical issues such as small business. They have made important inputs. I would urge them in this whole area to do the same, ie to think about this matter very carefully and assist us to make a better law.
I know the hon member Louw is a new member of the committee, and I hope he won’t take exception to the advice I am going to give him. I do believe that one of the qualities of this committee has been a careful assessment of everything that is put before it. Do not listen to everything you are told by vested interests that come before this committee.
In fact, more thought should have been given to this. An important point was being made, but in a very jumbled fashion, and that is that there is an overlap between the regulation of the financial institutions, the Usury Act and consumer protection.
It has been a source of concern, as pointed out by the Nel commission as well, that you can have a position where things fall between the gaps. They are not quite covered by the Usury Act or by banks supervision, and we need to look at this matter. It is something that the National Treasury and Trade and Industry are looking at.
In any event, many of the issues that have been raised by the hon member in fact fall under another jurisdiction. What we need to do is to harmonise this control in order to ensure that we protect the consumer. For that reason I am extremely puzzled: If the member has some doubts about it, why is he not supporting a further attempt to regulate the industry? Really, to me this is quite bizarre.
Hennie Bekker, thanks for your support, and not just because you said something nice about me. You are precisely one of those members who - continuously, throughout the years - have made constructive points, debated the matters and addressed the issues. Obviously, in this area of trade and industry there would always be times when we score political points or play politics. But at the root of what we are doing - and I think the committee has done this very well - is that we try to build a better economy.
I think the role that you have played in this has been great. I wish you well in my home province. I hope you play the same role there, because that is a province with great potential in its economy that must be realised.
Let me also assure hon member Abrahams that we will make certain these people are of high standing. I have been very pleased with the MFRC’s conduct. I think that the chief executive and his team are brave. They are very committed to the regulation of this industry in a fair and honest way. We will certainly put in people who can carry out their duties trustfully, faithfully and with determination.
This is a massive industry. There are many, many players who pop up all the time. I think it is correct that the community should help us, as was suggested. We need to deal more with complaints, that is why we are trying to extend the number of inspectors we can draw upon and to use the undoubted expertise that the MFRC has built up in its short lifespan. We will work on that.
Hon Connie September, the question of credit at the micro level is one that we have been looking at closely. The purpose of the Apex Fund is to try and support those financial institutions at the micro end that extend credit for productive activities as well. I think this is one of the real challenges we face.
Far too much in this industry is for personal financial problems. In any society with poverty or problems it is inevitable that this will be there. We must, therefore, regulate any form of lending to the individual. But one of the challenges we are trying to address now is to ensure that we extend credit at the micro level for activities that will build up the work and productive base of the people that are borrowing.
Again, I will call on the committee to use its wisdom and give us advice. Thank you very much for supporting the Bill. [Applause.]
Debate concluded.
Bill read a second time (Democratic Party dissenting).
The House adjourned at 16:32. _____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
FRIDAY, 28 FEBRUARY 2003
ANNOUNCEMENTS:
National Assembly:
- The Speaker:
Membership of Assembly:
(1) The following member vacated her seat with effect from 26
February 2003:
Mthembi-Mahanyele, S.
(2) The vacancy which occurred owing to Ms B N Sono vacating her
seat with effect from 27 February 2003, has been filled with
effect from 27 February 2003 by the nomination of Mr J L Theron.
Membership of Portfolio and House Committees:
The following changes have been made to the membership of Committees,
viz:
Communications:
Appointed: Van Wyk, A; Durand, J (Alt).
Correctional Services:
Appointed: Ellis, M J.
Discharged: Delport, J T.
Defence:
Appointed: Schalkwyk, P J.
Discharged: Jankielsohn, R.
Education:
Appointed: Bakker, D M (Alt); Lee, T D; Olckers, M E.
Discharged: Geldenhuys, B L; Moorcroft, E K.
Environmental Affairs and Tourism:
Appointed: Jankielsohn, R.
Discharged: Semple, J A.
Foreign Affairs:
Appointed: Geldenhuys, B L; Olckers, M E (Alt).
Health:
Appointed: Koornhof, N J J van R.
Discharged: Ellis, M J.
Labour:
Appointed: Koornhof, N J J van R.
Discharged: Clelland-Stokes, N J.
Social Development:
Appointed: Clelland-Stokes, N J; Kalyan, S V (Alt).
Trade and Industry:
Appointed: Lowe, C M.
Discharged: Bruce, N S.
Transport:
Appointed: Niemann, J J; Redcliffe, C R (Alt).
Discharged: Odendaal, W A.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Communications:
(1) Report and Financial Statements of the Universal Service Agency
for 2001-2002, including the Report of the Auditor-General on the
Financial Statements of the Universal Service Agency for 2001-2002
and the Report of the Auditor-General on the Financial Statements
of the Universal Service Fund for 2001-2002.
(2) Report and Financial Statements of the Department of
Communications for 2001-2002, including the Report of the Auditor-
General on the Financial Statements of the Department of
Communications for 2001-2002.
National Assembly:
- The Speaker:
Letter from the Minister of Communications, dated 26 February 2003,
tabled in terms of section 65(2)(a) of the Public Finance Management
Act, 1999 (Act No 1 of 1999), explaining the delays in the tabling of
the Reports and Financial Statements of the Department of
Communications and the Universal Service Agency:
Dear Madam Speaker
The Annual Report of the Department was duly compiled and given to
a BEE service provider contracted to do the layout, design and
printing.
Unfortunately the contractor took almost three months in
attempting to execute the project and thus causing the delay in
meeting the deadlines of producing and tabling of the report.
The Universal Service Agency had problems with the publisher of
the Annual Report and they had to engage another publisher to
complete the work.
It is due to these unforeseen circumstances beyond our control
that the report was not tabled timeously as required in terms of
section 65(2) of the PFMA.
Kind regards
Dr Ivy Matsepe-Casaburri, MP
MONDAY, 3 MARCH 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Classification of Bills by Joint Tagging Mechanism:
(1) The Joint Tagging Mechanism (JTM) on 3 March 2003 in terms of
Joint Rule 160(4), classified the following Bill as a section 76
Bill:
(i) Division of Revenue Bill [B 9 - 2003] (National Assembly -
sec 76).
(2) The Joint Tagging Mechanism (JTM) on 3 March 2003 in terms of
Joint Rule 161, classified the following Bill as a money Bill:
(i) Appropriation Bill [B 8 - 2003] (National Assembly - sec
77).
COMMITTEE REPORTS:
National Assembly:
-
Report of the Portfolio Committee on Finance on the Division of Revenue Bill [B 9 - 2003] (National Assembly - sec 76), dated 3 March 2003:
The Portfolio Committee on Finance, having considered the subject of the Division of Revenue Bill [B 9 - 2003] (National Assembly - sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B 9A - 2003].
TUESDAY, 4 MARCH 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Translations of Bills submitted:
(1) The Minister for Justice and Constitutional Development:
Molaotlhomo wa Bosiamisi jwa Ngwana [M 49 - 2002] (National
Assembly - sec 75)
This is the official translation into Setswana of the Child
Justice Bill [B 49 - 2002] (National Assembly - sec 75).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Public Works:
Report and Financial Statements of Vote No 30 - Department of Public
Works for 2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002.