National Council of Provinces - 08 April 2003
TUESDAY, 8 APRIL 2003 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 14:03.
The Deputy Chairperson took the Chair and requested members to observe a moment for silent prayer or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
MOTION OF CONDOLENCE
(The late Ms S N Ntlabati, MP)
The CHIEF WHIP OF THE COUNCIL: Chairperson, as this House of Parliament it is appropriate that we dedicate time to offer our condolences to the Ntlabati family. Today we say to the family: Your grief is our grief. As this House of Parliament and the ANC we say: It is a grief to this House because as we gather here, we remember the distinguished role she has played in the politics of this country. In her political life Ms Senorita Ntlabati was instrumental in the formation of the progressive structure within the nursing profession. This structure, within the broad framework of the Mass Democratic Movement, contributed to the demise, in a way, of the apartheid regime.
The ANC noted her leadership qualities such that she was considered for the leadership roles, among others, from 1994-1999 she became the MEC for Social Services and Health in the Free State province, where she performed exceptionally well, especially if one was to consider that our democracy in South Africa was new and the challenges were quite enormous. She proved beyond reasonable doubt that she was worthy of appointment by further spearheading transformation programmes with the health sector, a sector which was extremely prejudicial and exclusive at the expense of the vast majority of our people. In 1999 she was then appointed a permanent delegate from the Free State to the NCOP. The NCOP at the time was still undergoing transformation from Senate to what it is today.
In recognising her abilities in facilitating transformation, the ANC found it necessary to deploy Ms Ntlabati to play a meaningful role. She proved to be hard-working and tenacious in performing her duty. Committees in the NCOP needed further transformation and she became the appropriate person to take the process forward and was thus appointed Chairperson of Committees, a position she occupied until her untimely demise.
In presiding over sittings of the Council most of you will remember and miss her for her chuckles and her laughter over the microphone. You will remember her for being the sharp and strict person that she was. I miss her for shouting in the passage, her willingness and her informal disposition, for her caring nature, her compassion and willingness to serve not only the interests of the ANC, but this institution as a whole. Amongst the other characteristics that Ms Ntlabati showed was her commitment to gender empowerment, gender mainstreaming and in this regard she played a very important role. She served in various leadership positions in various positions both in South Africa and SADC and her contribution will be sadly missed. We as Council wish her two surviving sons and members of her family well during this very traumatic time. Our hearts and our best wishes are with the family and we stand in solidarity with the Ntlabati family. I so move, Chairperson. Thank you.
Dr P J C NEL: Voorsitter, ek wil graag aansluit by wat die vorige spreker reeds gesê het oor Senorita Ntlabati. Ek het ‘n lang verbintenis met haar gehad. Sy was die Vrystaat se eerste LUR vir Gesondheid in die nuwe demokratiese bestel vanaf 1994 tot 1999. Terwyl ek vir dieselfde tydperk lid van die Vrystaatse portefeuljekomitee van gesondheid was, het ons ‘n goeie werksverhouding opgebou. Hoewel ons aan verskillende politieke partye behoort het en soms van mekaar verskil het, het ons altyd op ‘n vriendskaplike en beskaafde wyse gepoog om die beste bedeling vir die Vrystaatse gesondheidstelsel te beding.
Weens die feit dat sy vir ‘n lang tyd nie goeie gesondheid geniet het nie, was dit vir my ‘n voorreg om haar as geneesheer by tye te kon bystaan en hopelik tot hulp te kon wees, veral gedurende die laaste jaar.
Ons in die kleiner partye sal Senorita onthou as die klein mensie met die groot hart, wat nie geskroom het wanneer sy in die Stoel gesit het om die kleiner partye te beskerm en na hul belange om te sien nie. Ek dink die Huis sal haar goeie sin vir humor en kenmerkende laggie vanaf die kant van die Stoel, asook in die komitees altyd onthou. My party wil ook graag langs hierdie weg sy meegevoel teenoor haar kinders, Mnre MacMillan en Uhuru Mokoena en haar familie uitspreek. Ek dank u. (Translation of Afrikaans speech follows.)
[Dr P J C NEL: Chairperson, I would like to associate myself with the previous speaker in what he had to say about Senorita Ntlabati. I had a long association with her. She was the Free State’s first MEC for Health in the new democratic order from 1994 till 1998. Whilst during the same period I was a member of the Free State’s portfolio committee on Health, we built up a sound working relationship. Although we belonged to different political parties and sometimes differed, we always strived in a friendly way to negotiate the best dispensation for the Free State’s health system.
Owing to the fact that she did not enjoy good health for a long time, it was my privilege as medical doctor to assist her and hopefully to be of some help from time to time, especially over the past year.
We in the smaller parties will remember Senorita as a small person with a big heart, who, whenever she was in the Chair, did not shy away from protecting the smaller parties and looking after their interests. I think the House will always remember her good sense of humour and characteristic little laugh from the Chair, as well as in committees. My party would also like to express, in this way, its sympathy to her children, Messrs Macmillan and Uhuru Mokoena and her family. Thank you.]
Me C-S BOTHA: Voorsitter, dit is met ‘n gevoel van groot verlies wat ek vandag my meegevoel wil betuig nie net namens die DA nie, maar ons vriende en mede-Vrystaters met die afsterwe van Senorita Ntlabati.
Sy het werklik haar merk gemaak. Sy was nie klein van gees nie. Sy was groot van gees, al was sy klein van postuur. Ek het haar in daardie Stoel waarin u nou sit, sien groei tot iemand wat werklik tot formidabele optrede in staat is. Sy was na my mening die soort politikus wat mens moet nastrewe om te wees. Sy was dapper en uitgesproke en sy het onafhanklik gebly. Ek het haar baie keer dinge hoor sê wat nie net populêr was nie, maar wat sy gedink het is reg. Daai gees gaan ons hier mis en ons gaan dit in die Vrystaat ook mis.
Ek wil veral sê hoe die naam van haar seun, naamlik Uhuru, my opgeval het. Dit bewys dat sy deur haar hele lewe haar verbintenis tot vryheid ernstig opgeneem en langs hierdie weg wil ek ook dan sê aan haar familie en haar vriende: Ons gaan haar regtig mis. (Translation of Afrikaans speech follows.)
[Ms C-S BOTHA: Chairperson it is with a feeling of great loss that I express my condolences today, not only on behalf of the DA but also on behalf of friends and fellow Free Staters on the passing of Senorita Ntlabati.
She really made her mark. She was not small in spirit. She was big-spirited although she was small in posture. I saw her grow in that Chair, in which you are now sitting, to someone who is really capable of remarkable action. In my opinion she was the type of politician one should strive to be. She was courageous and outspoken and she remained independent. On many occasions I heard her saying things which were not only popular, but what she thought was right. We are going to miss that spirit here and we are going to miss it in the Free State as well.
I would especially like to say how the name of her son, namely Uhuru, struck me. This proves that throughout her entire life she took her connection to freedom seriously and in this vein I would also like to say to her family and friends: We are really going to miss her.]
Mr K D S DURR: Chairperson, we did not have a lot to do with Senorita Nlatabati in this House, except at a personal level. But she was kind, friendly and fair and had a good sense of humour. She was even-handed and we would like to associate ourselves with the remarks made by the Chief Whip and extend our deepest sympathy to her family and children.
Mr J O TLHAGALE: Thank you very much, Chairperson. Hon Minister in the House, it was with the greatest shock and sadness for me to read about the sudden death of our beloved colleague Senorita, in Friday’s Sowetan. I was in Pretoria then. Senorita, short of stature but huge spiritually was not only a colleague but was also a mother with a likeable disposition.
During our parliamentary visit to Taung in the North West Province I was seated next to her or she was seated next to me for the duration of our stay at Taung. And I found her to be a very good lady who could converse and could open up and cause one to open up. We shall miss her and we want to express our condolences to her beloved family. Thank you.
Mr R M NYAKANE: Chair, I wish to express on behalf of the UDM and myself, - because I was already used to senorita - condolences to the bereaved family of Ms Ntlabati. The death of a colleague and sister caused a great shock to us, especially since the days of her illness were very short. We lost one of the powerful ladies, a lady politician and an administrator in her position as Chair of Committees - and what we have heard from our hon Chief Whip.
We have lost one of the highly dedicated and committed service providers, a team-mate in our cause for transformation and upliftment of the historically disadvantaged people of our country. I will personally remember her cheerful smile. I think most of us here will recall that smile and her unique style of laughter. May we wish her a peaceful rest and hope and courage to the family at home. Thank you, Chairperson.
Mr M J BHENGU: Chairperson, I am sure many of you know that I am standing up as a very devastated person, in a sense that Senorita was actually my colleague in the NCOP and many of you know how closely we worked together. I have been advised that I will be saying more words about her on Thursday. I would like to say that we have lost one of our giants in the NCOP.
Inkatha Freedom Party ithi, ahambe kahle! Abakubo nezihlobo mabalale
ngenxeba.'' Siyabonga. [The IFP says:Rest in peace! The family and the
relatives must be consoled’’.] Thank you.
Debate concluded.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J MAHLANGU): May we rise and observe a moment of silence.
NOTICES OF MOTION
Mr K D S DURR: Chairman, I will move at the next sitting of this House:
That the Council -
(1) notes -
(a) the silent debt crisis that is ravaging family life in South
Africa;
(b) that 3000 debt judgments per day are being made with people
blacklisted and taken out of the economy, sometimes for up to 30
years, and that in January 2003 alone over 100 000 debt
summonses were issued, 56% more than in 1994;
(c) that the cost is estimated at one billion rand per month, taking
into account direct costs and the costs to the economy;
(d) that employees have piled up debt of R15 billion with
microlenders, R10 billion with furniture retailers and R18
billion with municipalities; and
(e) the continuing ravaging effect of gambling and of rapacious
microlenders that predate upon these families;
(2) calls upon the Government to establish a commission of inquiry to devise ways and means to stop this rot that affects some 120 000 employees per annum; and
(3) further calls upon the Government to stop issuing any new gambling licenses or permission to widen the scope and scale of gambling in South Africa.
Mr C ACKERMANN: Voorsitter, ek gee kennis dat by die volgende sitting van die Huis sal voorstel [Chairperson, I give notice that I shall move at the next sitting of the House]:
That the Council notes that -
(1) a recent poll by Markdata and the Helen Suzman Foundation found that the DA leader, the hon Tony Leon, has the second most support among right-wingers, support that already stands at 32% and is still rising;
(2) this poll confirms the suspicion that the DA has a right-wing power base, and that it is also clear that the DA has replaced the CP and, with its growing right-wing power base, is catching up with the Freedom Front;
(3) the DA are bluffing themselves if they think their support is based on their so-called liberal convictions, because it is right-wing support that makes the hon Tony Leon the second most popular right- wing leader; (4) this poll also shows that the DA is not a party that has the best interests of all South Africans at heart, but rather a party that hankers after the old apartheid South Africa, as most of their members of Parliament are white; and
(5) the NNP knows that South Africa belongs to all South Africans and that we, only if we as white, brown, black and Indian communities join hands, can build a South Africa that has the interests of all of us at heart.
CHILDREN THE VICTIMS OF GANG VIOLENCE
(Draft Resolution)
Mr P A MATTHEE: Voorsitter, ek stel hiermee sonder kennisgewing voor [Chairperson, I move without notice]:
That the Council -
(1) notes that another child victim of gang violence, five-year-old Roxanne Dickson, died at the Tygerberg Hospital last Sunday evening while doctors were trying in vain to save her after she had been shot in the chest during a gunfight outside a shebeen;
(2) also notes that Roxanne Dickson was the seventh child in the Cape Metropole to have died in the crossfire of alleged gang members in the past month;
(3) expresses its sincere condolences to the parents, next of kin and all the loved ones of these deceased children, as well as of the adults who have died through gang violence in recent times;
(4) expresses the hope and trust that the injured children as well as other casualties will soon recover completely; and
(5) urgently appeals to the national Government as well as the Western Cape government and the local government of the Cape Metropole to do everything possible to end this slaughter of our young and innocent children, including any drastic measures that may be necessary in order to bring this repulsive gang violence to an end as soon as possible.
Motion agreed to in accordance with section 65 of the Constitution.
CONGRATULATIONS TO ERNIE ELS
(Draft Resolution)
Mr N M RAJU: Chairperson, I move without notice:
That the Council -
(1) notes that the World’s No 2 in world golf, our very own Ernie Els, began the year in magnificent form by winning no fewer than five major tournaments, starting with the prestigious British Open last year;
(2) records its congratulations to the Big Easy, as he is affectionately known;
(3) wishes him every luck in the clash of giants at the US Masters, starting this Thursday at Augusta, as the golfing world watches with great excitement and anticipation the duel for supremacy in world golf between Tiger Woods, the World’s No 1, and Ernie Els.
Motion agreed to in accordance with section 65 of the Constitution.
CONTINUED VIOLENT ATTACKS ON IRAQ
(Draft Resolution)
Ms E N LUBIDLA: Chairperson, I move without notice:
That the Council -
(1) deplores the continued military attack on Iraq by individual countries without any authorisation from the United Nations Security Council or General Assembly;
(2) notes with deep concern the continuing deterioration of the humanitarian conditions of the Iraqi population, due to the war;
(3) reiterates its deep concern about the considerable rise in the number of civilian casualties, particularly children, as a result of this unjust war;
(4) calls on the United States and Britain to immediately halt their savage assault on innocent civilians, women and children; and
(5) expresses the view that the UN should be allowed to take action to alleviate the humanitarian consequences of this war in accordance with the principles of independence; impartiality, neutrality and humanity.
Motion agreed to in accordance with section 65 of the Constitution.
WORLD HEALTH DAY
(Draft Resolution)
Dr P J C NEL: Chairperson, I move without notice:
That the Council -
(1) notes that -
(a) yesterday was World Health Day;
(b) each year on 7 April the world celebrates World Health Day;
(c) this year the theme for World Health Day is "A Healthy
Environment for Children";
(d) this is a very appropriate theme as children are especially
vulnerable to major environmental threats;
(e) the lives of approximately 5 million children between the ages
of 1 and 14 that die annually from environmentally related
illnesses can be saved through the creation of healthy settings
like access to clean water, sanitation and hygiene education;
and
(f) each member of the Council whether being a parent, grandparent
or unmarried person without children has a responsibility to
protect children in their homes, gardens, motor vehicles and
their communities; and
(2) calls upon all members of the Council and the public to join in promoting healthy environments for our children on World Health Day and every other day of the year.
Motion agreed to in accordance with section 65 of the Constitution.
MTN DONATION OF COMPUTERS
(Draft Resolution)
Ms J N VILAKAZI: Mphathisihlalo, ngiphakamisa ngaphandle kwesaziso:
Ukuthi lo mKhandlu -
(1) ulincoma kakhulu iqhaza elibalulekile elibanjwe yinkampani yakwa-MTN ezikoleni ezinhlanu ezisemakhaya, KwaZulu-Natali;
(2) uhalalisela lezi zikole ezinhlanu ezilandelayo ezinikwe amakhompiyutha alishumi isikole sisinye nemishini yakhona yokubhala: Mphemba High School, Enkandla; Sitheku High School, Empangeni; Ebhokwe High School, KwaNongoma; Gawozi High School, Eshowe; neKhethelo High School, eFilidi;
(3) uhalalisela abakwa-MTN mayelana nesakhiwo sobuchwepheshe kwezamakhompiyutha esihambisana nalezi zipho zalezi zikole; futhi
(4) ubuye uhalalisele othisha abahlanu besikole ngasinye abazoqeqeshwa yile nkampani ukuze bafundise ubuchwepheshe kwezamakhompiyutha kubantwana besikole namalungu omphakathi adinga lolo lwazi. (Translation of isiZulu motion follows.)
[Ms J N VILAKAZI: Chairperson, I move without notice:
That the Council-
(1) highly commends the important role played by the MTN company in five rural schools of KwaZulu-Natal;
(2) congratulates the following five schools who have each been given 10 computers and printers: Mphemba High School, Enkandla; Sitheku High School, Empangeni; Ebhokwe High School, KwaNongoma; Gawozi High School, Eshowe; and Ikhethelo High School, Vryheid;
(3) congratulates MTN on the computer technological centre which will accompany the gifts to those schools; and
(4) also congratulates the five teachers from each school who will be trained by this company in order to teach computer technology to school children and community members who need that knowledge.]
Motion agreed to in accordance with section 65 of the Constitution.
DEATH OF PARAMOUNT CHIEF KANYILES
(Draft Resolution)
Mr A E VAN NIEKERK: Voorsitter, ek stel sonder kennisgewing voor [Chairperson, I move without notice]:
That the Council -
(1) notes with regret the death of a former member of the Council on Sunday, 23 March 2003;
(2) notes that, apart from all his spiritual, cultural, community and political responsibilities and all his leadership positions, he was also a personal friend and a spirited proponent of the promotion of multilingualism in South Africa;
(3) is aware that he already indicated in February that he was suffering from cancer, but that he assured us that he would be meeting his death with anticipation and excitement - that is how someone with steadfast faith in God speaks;
(4) further notes that -
(a) paramount chief Daniël James Augustine Kanyiles was the
paramount chief of the fifteen Khoi tribes south of the Gariep
and Archbishop of the African Orthodox Church;
(b) he became a member of the National Council of Provinces in 1997;
and
(c) he became a member of the New NP in 1992, where he played an
active leading role until his death; and
(5) pays tribute to this colleague, and prays for comfort for his next of kin, and for success for the greater Khoi-San cause to which he dedicated his whole life.
Motion agreed to in accordance with section 65 of the Constitution.
EXTENSION OF PERIOD OF OPERATION OF THE CRIMINAL LAW AMENDMENT ACT
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Chairperson, I move: That the Council gives its consent that the President by proclamation in the Gazette extend the period of operation of sections 51 and 52 of the Criminal Law Amendment Act, 1997 (Act No 105 of 1997), in terms of section 53(2) of the said Act a further period of two years, with effect from 1 May 2003.
Motion agreed to in accordance with section 65 of the Constitution.
INTERGOVERNMENTAL FISCAL REVIEW
(Introduction)
The MINISTER OF FINANCE: Deputy Chairperson, hon members, representatives of provincial legislatures, representatives of organised local government, friends, when tabling the 2003 Budget on 26 February this year, we stated that the Budget:
… extends and strengthens our growth and development strategy, and progressively realises the social and economic rights of our people. It embodies a set of policies aimed at pushing back the frontiers of poverty whilst supporting growth and creating opportunities. It seeks to empower people by expanding their capabilities.
We emphasised that accountability for service delivery is fundamental to achieving the outcomes we seek. We said then that responsibility ultimately stops here.
We, in Parliament, in provincial legislatures and in municipal councils are charged with ensuring that the funds we vote ``are responsibly and effectively employed’’. This means ensuring that our policies are implemented efficiently, courteously, honestly and enthusiastically; that people experience quality service delivery; that we push back the frontiers of poverty; that we empower people by expanding their capabilities; and that we support growth and create opportunities.
The national Budget allocates 61,2% of available funds to the provincial and local spheres of government. Now that provinces have tabled their 2003 budgets and municipalities are about to table their three-year budgets during May and June, we are pleased to report to this House how such funds have been allocated. More importantly, we report on the expenditure and service delivery trends in key sectors.
The 2003 Intergovernmental Fiscal Review we table before you today demonstrates Government’s commitment to accounting to Parliament and provincial legislatures on the use of public funds. It provides information on the 2003 provincial budgets tabled by MECs of Finance between 4 and 18 March 2003. It provides information on the 2002-03 municipal budgets; and it accounts for public expenditures for the past three financial years - that is, 1999-2000 to 2001-02. The review spells out in more detail spending plans for the nine provinces and 284 local governments, taking the focus on service delivery one step forward and enabling users to compare provincial and municipal service delivery standards and achievements.
As most members will recall, this is our fourth review. Previous reviews were published around September/October. We have brought forward the date of tabling, with the objective of ensuring that Parliament, provincial legislatures and municipal councils can use the review when considering their own 2003 budgets.
Provinces have delayed their second reading debates to enable portfolio committee hearings to consider the information set out in the review. I wish to thank them for their latitude. The earlier tabling also allows Parliament to provide guidance and inputs for the 2004 budgets. Yes, Deputy Chair, Parliament can already now play a more proactive role when approving budgets. And I’m sure the hon Ralane is listening and making careful notes about this fact.
The tabling of the review in the NCOP recognises the role that the NCOP, in particular, can and must play. It is our hope that the NCOP can be the portal through which provincial and local spheres of government can participate more effectively in the budget allocation and accountability processes. It is also our hope that the NCOP will spread the information, best practices and insights of the 2003 Intergovernmental Fiscal Review to provincial legislatures and municipal councils. To the extent that the NCOP succeeds in this objective, it will ensure that these elected bodies all play their part in holding provinces and municipalities accountable for the delivery of basic services and to ensure that we are getting value for our money.
The review considers provincial and local government budget and expenditure trends through the lens of eight sectors. These are school education, health, social development, housing, land and agriculture, roads and transport infrastructure, and the provision of water and electricity.
These areas are key among those that comprise the social wage that we deliver to our people. As the President noted in his state of the nation address earlier this year, the social wage:
… has improved with each passing year. It includes the increased number of water and electricity connections, the patent improvements in teaching and learning in our schools, the acceleration of land restitution and redistribution programmes, primary health care and free housing.
In the 2003 Budget we tabled in Parliament an amount of R171 billion is allocated. This is roughly about 61% of nationally raised revenue, which is allocated to provinces and local government. This review shows that with increased national transfers and building on the robust fiscal position attained through prudent financial management, provinces are in a very firm position to deliver the crucial social services assigned to them by the Constitution.
The 2003 provincial budgets consolidated in this review represent a real expression of co-operative governance. They reflect strong alignment to national priorities articulated in the 2002 Medium-Term Budget Policy Statement and subsequently in the 2003 Budget Review. Provinces are budgeting R164 billion for their 2003-04 budgets.
Consistent with the priorities set out in the Medium-Term Budget Policy Statement, provincial budgets prioritise pro-poor social services, which together amount to R133,6 billion or 80,8% of total provincial spending.
Provinces are succeeding in curtailing growth in personnel expenditure. The downward trend, which started three years ago, is set to continue over the MTEF, resulting in a further decline in the share of personnel from 51,6% in the 2002-03 fiscal year to 46,4% in 2005-06. This will release more resources for delivery, with nonpersonnel expenditure expected to rise to over 53% by 2005-06.
Income support continues to be one of our weapons for fighting poverty in the short term. One of Government’s greatest achievements is the increase in the number of social grant beneficiaries, which increased from 2,5 million in April of 1997 to 5,6 million in April this year.
As we extend the child support grant to children until their 14th birthday over the next three years, we expect to add no fewer than 3 million more beneficiaries. This will see budgeted total spending on social security grants rising from R27,3 billion in 2002-03 to R44,6 billion in 2005-06, including the R1,1 billion, R3,4 billion and R6,4 billion child support extension grant. The review shows that the share of social development spending will rise to 26% of provincial spending in 2005-06.
Total education spending grows by 4,6% in real terms from R53,1 billion to R58,9 billion in 2003-04. The highest growth is in nonpersonnel noncapital expenditure. This is expected to help the sector allocate increasing amounts to learner support materials and also to reinforce improvements in the quality of school education. Spending on education capital over the next three years is budgeted to be R10,3 billion. The review also deals with outputs in education. On the one hand, it considers provincial performance in respect of matriculation pass rates. On the other hand, it reviews provincial attainment in maths and science - key requirements for a skilled workforce. The review indicates that only 7,9% of learners attain maths on the higher grade, while 38,8% pass maths on the standard grade. South Africa’s challenge is to encourage more learners to register and pass maths on the higher grade, ensuring that we amass appropriate skills for a growing economy.
Provincial health budgets grow by R3,6 billion or 4,5% in real terms to R36,9 billion in 2003-04, and are expected to grow in real terms at an average annual rate of 3,3% over the Medium-Term Expenditure Framework to R42,9 billion in 2005-06.
Improving health service delivery depends largely on having the correct skills in the correct place. Additional resources over the next three years provide for the costs of hiring and deploying personnel with scarce skills in the sector, such as doctors and pharmacists. Strong growth in provincial health budgets also enables the sector to improve the equitable distribution and retention of health professionals across the country. In particular, this intervention facilitates the deployment of large numbers of health professionals to rural areas.
Quality health care also depends on adequate medicine and drug availability. Over the next three years strong growth in nonpersonnel spending in health will allow hospitals and clinics to ensure sufficient supplies of medicines, drugs and other medical necessities. Growth in health budgets also provides for the roll-out of programmes on the prevention of mother-to-child transmission and for an acceleration of appropriate treatment programmes for HIV/Aids and related diseases.
In addition to social services, provinces also budget for housing, provincial roads, agriculture, economic affairs, the environment and tourism, as well as other administrative functions. Spending on nonsocial services functions, including housing, rises from R27,3 billion in 2002-03 to R31,6 billion in 2003-04, or 19,2% of total provincial expenditure. It is set to rise to R36,7 billion by 2005-06.
The ability of our economy to grow fast on a sustained basis in future depends on how much we invest in infrastructure development, including roads and other transport infrastructure. Government spent R11,6 billion on national and provincial roads between the 1999-2000 fiscal year and the 2001-02 fiscal year. Spending by provinces accounts for R8,9 billion or 77% in agriculture, which resulted from the strong growth of about a 28% annual average over this period. The provincial budgets for roads grow by 9,8% over the MTEF period to R6 billion in 2005-06.
Local government roads budgets are also significant. Spending on municipal roads is estimated at about R1,8 billion in 2002-03, with the six metros accounting for about 50%, or R892 million.
In respect of agriculture and land, at the request of this House this year’s review includes a chapter on agriculture and land. The inclusion of such a chapter could not have come at a better time than now when parts of the country are confronted with the threat of food security.
Currently, the combined budget for the national and provincial departments of agriculture amounts to R4,1 billion, increasing by 13,3% from R3,5 billion in the last fiscal year, and rising to R4,5 billion two years hence. Provincial agriculture budgets account for 75% of spending on agriculture, and for the strong growth, rising by 17,6% in 2002-03, from R2,6 billion to R3,1 billion in the current year. Provincial budgets are projected to further grow by an average of 9,3% to reach R3,4 billion two years down the line.
While noting the tremendous progress made in land redistribution and restitution, the chapter highlights the need to revitalise and strengthen extension support services for developing farmers. Of the 69 000 claims lodged with the Restitution Commission, a total of 36 279 claims have been settled, involving 85 000 households. The total financial compensation paid for settled claims up to December last year amounts to R1,2 billion, and about 512 912 hectares of land have been restored at a cost of R431 million. A total of R1,5 million hectares of land has been transferred under the redistribution programme to about 129 093 households between 1994 and December last year.
Local government budgets for 2002-03 - that’s the year which ends on 30 June - total about R74,5 billion, including capital of R13,1 billion. The three biggest metros have budgets of around R10 billion - that is Johannesburg, Cape Town and eThekwini.
Local government systems are nascent, yet gaining momentum in their delivery capacity. As we continue to strengthen local capacity, financial management and accountability, we look forward to enhanced service delivery in this sphere of government. Local government has to follow the road built by provinces, implementing similar reforms. The Municipal Financial Management Bill, to be passed this year, lays the basis for municipal financial management reforms and improved service delivery.
Government has called for the roll-out of free basic services as one of its major policy initiatives. There is marked progress in the delivery of free basic water. To date, over 76% of municipalities are now providing free basic water to communities. Over 3,5 million households have been electrified since 1994, whilst 34% of households still remain unserviced, with 51% of these being in the rural areas.
The major backlog for both electricity and water is in the rural areas where on-grid electricity and piped water are not economical, and hence other types of supply mechanisms are required.
I have pleasure in presenting the 2003 Intergovernmental Fiscal Review for consideration by this House. I trust that in the hearings next week these matters will be discussed and debated and, perhaps more importantly, that the detail in the Intergovernmental Fiscal Review will be carried to the provincial legislatures by the distinguished members of this Council. Also, we must ensure that our people understand what the money they pay in taxes buys. It doesn’t matter who these people are - whether they are the poorest of our people paying taxes by way of VAT, or the wealthiest of our people paying capital gains tax. All of our people have the right to know, and we have the obligation to ensure that people’s rights are fulfilled.
We must tell people what the money buys. The Intergovernmental Fiscal Review, which is not a requirement in law, does precisely that - it tells us what the money buys. It can mark for us the road that we have traversed since 1994 until the present and, very importantly, it is able to sketch a picture going forward of what remains to be done.
I commend the Intergovernmental Fiscal Review 2003 to the National Council of Provinces for consideration. [Applause.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Thank you, hon Minister. The message is quite loud and clear.
Ms Q D MAHLANGU: Chairperson, first of all I would like to express my appreciation to the Minister of Finance and the officials from the National Treasury for the excellent work that they have done and also for the improvements on the documents that they continue to present in Parliament. I would like to express my sincere thanks to the Ministry on behalf of this House.
In receiving this document on behalf of the Select Committee on Finance, I would like to appeal to the relevant committees in this House to engage departments, different provinces and municipalities as the Minister has already clearly outlined in the document. This will help to assist members as policy makers in their areas of work.
The IGFR is the best benchmark that has ever been produced in South Africa and as the Minister has said it is the fourth edition. We must use it as a tool to measure progress that we have made thus far. It will address the challenges and difficulties that we encounter in our quest to push back the frontiers of poverty, as clearly stated in the President’s state of the nation address.
As we go to our constituencies we should, before we return in May, engage our provinces and our different municipalities. This will help to assist and enrich the process further. The process has to be followed from today onwards. We will have discussions with National Treasury tomorrow and all its officials, with the different chapters, all members of the NCOP and all its respective committees as outlined in the document. I have been invited to this meeting including other committees of the National Assembly and provincial legislatures.
Thereafter, the relevant committees of the NCOP will conduct their own public hearings on their relevant chapter and involve provinces in terms of the members of the provincial legislatures and relevant MECs. We will then return to the House with a comprehensive and detailed report to enable the House to reflect on the findings of the different committees and to determine whether as a country we have been able to meet the objectives that we set out for ourselves.
In conclusion, may I once again invite all members present here to rise to the challenge by reading through each and every chapter. Members do not need to read through all chapters, however, they should read chapters relevant to their committees so as to enable them to have insight to their work. They should also do comparisons with ideas that have been tabled so far. In this way we will be able to measure whether we are making progress or not and to determine whether provinces are making progress or not. It is important for members to read so as to determine our future.
This document will assist us to measure whether Government policies and priorities as outlined in different budget documents are being realised. It will be up to members of Parliament to make those observations and to make proposals on how best we can improve the situation for the benefit of all South Africans, in particular the poor that we represent and need to serve more than anybody else.
When the report returns to the House we will make a detailed observation on what we think as different members and as the Select Committee on Finance. [Applause.]
Debate concluded.
PENSIONS (SUPPLEMENTARY) BILL
(Consideration of Bill and of Report of Select Committee on Finance
thereon).
Order disposed of without debate.
Bill agreed to in accordance with section 75 of the Constitution.
USURY AMENDMENT BILL
(Consideration of Bill and of Report of Select Committee on Economic and Foreign Affairs thereon)
Mr B J TOLO: Chairperson and hon members, I wish to thank you for this opportunity. In the past two years our country has seen the mushrooming of the microlending industry. Many people out there, especially the poor, rely heavily on this industry for their survival as it is easier to borrow from these microlenders than from formal banks. Some of these microlenders became very unscrupulous and super exploited the unsuspecting masses of our people. Therefore, a need arose for these people to be regulated.
The Minister of Trade and Industry, comrade Alec Erwin, exempted a certain category of moneylending transactions from the provisions of the Usury Act which is an Act that regulates finance charges levied in moneylending and credit transactions. The main condition for these exemptions is that these moneylenders should be registered with the Micro Finance Regulatory Council, the MFRC. This is the sole regulatory institution in the microlending industry at present. It is entrusted with the responsibility of regulating the activities of the sector with the purpose of protecting the consumers against unfair lending practices. The MFRC deals with lenders where transactions do not exceed R10 000 and the repayment period does not exceed 36 months.
The microlending industry has become a little more reputable since it came under formal regulation in 1999. The industry is now so consolidated that even formal banking and retail sectors have entered this sector. Members will be aware that even companies such as Woolworths are part of this industry now. These new entrants also came up with new products which enable consumers to have a broader choice. At the same time we have a very large number of these microlenders who are not registered with the MFRC, but who are using the provisions of the exemption, such as the charging of interest rates which are more than 9%. By so doing, these microlenders are contravening the provisions of the Usury Act. They therefore need to be followed up and the people prosecuted. The Usury Act provides that only civil servants be given the task of inspecting microlenders. The Usury Amendment Bill before this House proposes to change this situation. It proposes that persons other than public service officials be appointed as inspectors to conduct inspections on a large number of unregistered microlenders who contravene policies of the Usury Act, as stated earlier on. This will go a long way to enhance the enforcement capacity to protect consumers from these predatory moneylenders.
The Bill further proposes the redefinition of the Registrar and his or her powers in relation to inspection. The definition is amended to include the chief executive officer of the MFRC, so that the persons appointed by the Registrar and the CEO as inspectors can have the same powers to carry out inspections. It should therefore be clear that the CEO will have equal powers to the Registrar only for the purposes of section 12, which deals with delegation and assignment of powers and duties. Section 13 deals with powers and inspections; section 14 deals with furnishing of information to the Registrar; section 17 deals with penalties for failure to furnish information to the Registrar; and section 18 deals with the statement of the question of law for the opinion of the court. This means that if there is a difference of opinion, the Registrar or the CEO can then approach a court of law for clarity.
Presently, in terms of the Act, the Registrar may appoint a person who is not in full-time employment of the of state as a temporary inspector for a particular inspection. With the proposed amendment, the Registrar, as well as the CEO of the regulatory institution, such as the one we are dealing with presently, approved as such by the Minister of Trade and Industry, will have the ability to appoint persons other than civil servants to carry out inspections on a continuous basis and not on a temporary basis as it was before.
Therefore, we have no doubt that the Usury Amendment Bill will go a long way in liberating the poor of our country from the shackles of the godless and highly exploitative unregistered moneylenders. It is so because both the Department of Trade and Industry and the MFRC will work hand in hand to deal a blow to moneylenders who do not want to comply with the provisions of the law.
We also want to indicate to this House that this Bill is an interim measure. The department will later on table a Bill in this Parliament which will deal decisively with these types of situations. In the meantime, we want to beseech this House to adopt the Usury Amendment Bill before us. [Applause.]
Debate concluded.
Bill agreed to in accordance with section 75 of the Constitution (Democratic Party dissenting.)
SOUTHERN AFRICAN DEVELOPMENT COMMUNITY PROTOCOL ON
POLITICS, DEFENCE AND SECURITY CO-OPERATION
(Consideration of Report of Select Committee)
Dr E A CONROY: Hon Chairperson and colleagues, at the Southern African Development Community summit meeting held in August 1999, it was agreed that the review and implementation of the SADC Protocol on Politics, Defence and Security Co-operation should form part of the general SADC review process. And at an extraordinary summit meeting held during March 2002, the summit agreed to the draft protocol finalised during October 2000 at Piggs Peak in Swaziland. It was again endorsed at an extraordinary ministerial meeting held in Harare on 11 June 2001 and was subsequently signed in Blantyre, Malawi, on 14 August 2001. It has therefore been the subject of a review process spanning approximately two years.
In the preamble to the protocol it is significantly stated that Chapter 8 of the UN charter, which recognises the role of regional arrangements in dealing with matters relating to the maintenance of international peace and security, as are appropriate for regional action, is being borne in mind. Also that the principles of strict respect for sovereignty, sovereign equality, territorial integrity, political independence, good neighbourliness, interdependence, nonagression and noninterference in the internal affairs of other states are being recognised and reaffirmed.
The general objective of the protocol is to promote peace and security in the region, while the specific objectives are the protection of the people and the safeguarding of the development of the region against instability arising from the breakdown of law and order and intrastate and interstate conflict and aggression.
It will also promote political co-operation among member states and the evolution of common political values and institutions and the development of common foreign policy approaches on issues of mutual concern and the advancement of such policy collectively in international fora, while it will promote regional co-ordination and co-operation on matters related to security and defence and establish appropriate mechanisms to that end. It also seeks to promote the development of democratic institutions and practices within the territories of member states and to encourage the observance of universal human rights as provided for in the charters of the African Union and the United Nations respectively. But, most importantly, it will seek to prevent, contain and resolve interstate and intrastate conflict by peaceful means. However, where such means prove unsuccessful, the protocol provides that the chairperson, acting on the advice of the Plenary Ministerial Committee, may recommend to the SADC summit that enforcement action in accordance with international law and, as a matter of last resort, be taken against one or more of the disputant parties.
Any decision to intervene should be made in the context of the common defence pacts underpinning both SADC and the African Union while regime change will not be deemed a valid motivation for nonpeaceful action. There will obviously always be the requirement that member states observe and are encouraged to implement United Nations, African Union and other international conventions and treaties on arms control, disarmament and peaceful relations between states. The protocol shall, furthermore, develop close co-operation between the police and state security services of member states to address cross-border crime and to promote a community-based approach to domestic security.
The broad intent of the protocol is to achieve solidarity, peace and security within the SADC region through close co-operation on matters of politics, defence and security, the emphasis being on the peaceful settlement of disputes by negotiation, conciliation, mediation and arbitration. It is therefore obvious that Article 11, with the title Conflict Prevention, Management and Resolution, and which spells out the obligations, jurisdiction, methods and procedure to ensure the maintenance of peace and stability, preferably through peaceful means, is the focal point of the protocol.
The importance of peace and stability in the Southern African Development Community region and on the African continent as a whole, as a prerequisite to sustainable development and to the ongoing consolidation of South Africa’s democracy and the expansion of our commercial interests, cannot be overemphasised and should not be underestimated.
The protocol should be viewed against the background of South Africa’s ongoing commitment to and its role in creating conditions for good governance in the region and beyond.
Considering South Africa’s status as the region’s and the continent’s economic powerhouse with our GDP being five times higher than that of Egypt, which is the second on the list in Africa, and South Africa’s concomitant capacity for contributing significantly towards regional initiatives, it is our duty to set an example to other SADC states and pave the way for implementation of the protocol. While there are no penalties for noncompliance, South Africa’s commitment to the tackling of issues more decisively should encourage commitment from the other member states.
The Chief State Law Adviser scrutinised the protocol with a view to possible conflict with South Africa’s domestic law. In his opinion there appears to be no such conflict. It was also found in order from the point of view of international law.
I have already mentioned that the member states ratification process had been a lengthy one. This was necessary to deliberate well on the sensitive issues and to create a climate of confidence and commitment, which is pivotal to the successful implementation of the protocol.
Chairperson, it is my honour and privilege to request this House to recommend the ratification of the protocol. I thank you. [Applause.]
Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR OF: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Mpumalanga, Northern Cape, Northern Province, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
PROTOCOL RELATING TO THE ESTABLISHMENT OF THE PEACE AND SECURITY COUNCIL OF THE AFRICAN UNION
(Consideration of Report of Select Committee)
Mr B J TOLO: Chairperson and members, Africa is a continent that has never been at peace with itself, even after the formal withdrawal of its former colonisers. These we all know left a legacy that haunts us to this day. The interstate and intrastate conflicts on the continent, the coups d’ état, counter coups d’ état and other forms of undermining of democracy, even by elected governments, are a very serious cause for concern on our continent.
This can best be illustrated by the following facts. Since 1989 national armies have directly intervened in the political affairs of 13 sub-Saharan countries. Nigeria alone has more coups than any other country in the world. The 10-year old war in Burundi has brought untold sufferings to the people of that country. In the DRC, the 4-year old civil war has claimed about 2 million lives. These and other conflicts on the African continent, be it in Sudan, Cameroon, Angola, Liberia, Cote d’Ivoire or any other place, have denied Africans, especially women and children, a decent life with human dignity.
These conflicts have caused death, hunger, displacement and any other sufferings. These conflicts are and will continue to be a fetter to development in our continent. Peace and stability, as we are all aware of, is a prerequisite for any meaningful development in any country, or continent for that matter. The historic mission of Africa, indeed of its leaders under today’s conditions, is to rid the continent of all negatives that have made the world look down upon it so that as a continent it can take its rightful place among other continents in the world as an equal partner.
If we have to realise the dream of an African Union as contained in the Constitutive Act and the lofty ideals of Nepad, Africa has to act and it has to act now. It is for this reason that the decision was taken for the establishment of the Peace and Security Council, as adopted by the 76th ordinary session of the OAU Council of Ministers in Durban in June-July last year. It was further recommended to the assembly of heads of states and governments of the OAU for adoption.
The establishment of the Peace and Security Council will be a milestone in the development of African politics. The Peace and Security Council will be a standing decision-making organ of the AU responsible for the prevention, management and resolution of conflicts on the African continent. This will be done through the promotion of peace, security and stability with the aim of preserving life and property and creating conditions conducive to sustainable development on the entire continent. Unlike the organs of the OAU, which more often than not have been reactive in solving African problems, this organ seeks to be proactive in its operations. This will be realised through the formation of an early warning system, which will be composed of units which are skilled in data collection and analysis. This will help to detect problems in time for the PSC to act in a manner that will seek to prevent the outbreak of conflicts.
We must hasten to indicate that this organ is not going to be a law unto
itself, as it will perform its functions within the parameters and
principles enshrined in the Constitutive Act and the Charter of the United
Nations and the declaration of human rights. The conditions and
circumstances which will lead to the intervention by this organ are
contained in the Article 4(h) and Article 4(j) of the Constitutive Act, the
first of which reads as follows: The right of the Union to intervene in
Member State Pursuant to a decision of the Assembly in respect of grave
circumstances namely, war, crimes, genocide and crimes against humanity''.
That is the first condition, 4(h). Then I quote 4(j):The right of Member
States to request intervention from the Union in order to restore peace and
security’’. Otherwise this organ will respect the sovereignty and
territorial integrity of all its member states.
The problem we have had so far in Africa is that if a conflict situation erupts in any country and there is a need to send in some troops to either quell a rebellion or for peacekeeping purposes, there is no force at the ready to immediately deal with the situation. The African countries will then take time to react, because they still have to take some contingents through crash courses to be equal to the task. In the meantime the situation deteriorates and the people die.
To avoid this the protocol envisages the formation of an African stand-by force composed of stand-by contingents with both civilian and military components stationed in their respective countries. These forces will always be combat ready and ready for rapid deployment whenever a need arises. Among the functions of this force will also be humanitarian assistance in conflict and nonconflict areas, such as where there are natural disasters. We have in mind the situation that erupted, for instance the floods that attacked Mozambique at some stage, where we had SANDF going there. We are saying such forces will be able to perform such tasks as well.
We think it will be an appropriate arrangement to have these forces stationed in their own countries and ready to act at any given time, unlike the idea by Comrade Lever, who said we need to have a permanent force stationed somewhere in Africa. The protocol further envisages the establishment of the Panel of the Wise. It will consist of five men and women who have made outstanding contributions to the calls of peace, security and development on the continent. These will be drawn from different regions of the continent to allow for representativity.
This panel will advise the PSC and its chairperson on all matters relating to peace and stability on the continent. They will further on their own also undertake missions in Africa to support the efforts of peace and will report to the PSC. We think this will further add value to the PSC, in particular, and the work of the AU in general.
In conclusion, the founders of Nepad have put their fingers in the pie when they said ``long-term conditions for ensuring peace and security in Africa require policy measures to address the political and social vulnerabilities on which conflict are premised.’’ We suggest that this House adopt the protocol as it stands. It may have some inaccuracies, but nobody can dispute the fact that it is indeed a milestone in addressing Africa’s problems.
Dr E A CONROY: Agb Voorsitter en kollegas, die protokol wat vandag gedebatteer word, stel die stigting van ‘n Vredes- en Veiligheidsraad van die Afrika-unie in die vooruitsig. Ek sal verder in my toespraak na dié raad as die VVR verwys.
Die VVR sal die staande besluitnemende liggaam vir die voorkoming, bestuur en oplossing van konflikte in die jurisdiksiegebied van die AU wees.
Die meganisme vir konflikvoorkoming, konflikbestuur en konflikoplossing is in die konteks van die Lusaka Besluit tydens ‘n werkswinkel van ambassadeurs en die Nepad-implementeringskomitee van 18 tot 22 Maart 2002 op George in die Suid-Kaap bespreek.
Na verdere besprekings van ‘n konsepprotokol oor ‘n VVR wat soortgelyk aan dié van die VN sal wees en in noue samehang met dié wêreldliggaam sal funksioneer, wat in Mei 2002 in Addis Ababa plaasgevind het, het die 76ste gewone sessie van die Organisasie van Afrika-eenheid se Raad van Ministers wat in Junie en Julie 2002 in Durban gehou is, die besluit vir die stigting van die VVR geneem.
Daar word spesiale nadruk geplaas op die behoefte aan vroeë waarskuwing en voorkomende diplomasie ter ondersteuning van die protokol se breë mandaat en die inwerkstelling daarvan.
Hierdie mandaat sluit in die reg van die Afrika-unie om onder erge en gewigtige omstandighede, asook in gevalle van oorlogsmisdade en van menseslagting en misdade teen die mensdom, in lidlande in te gryp.
Die mandaat sluit ook die reg in om op versoeke van lidlande vir die doeleindes van die herstel van veiligheid en vrede in te gryp. Sy hooffunksie sal vredesuitbouing en na-konflik heropbou en herstel wees.
Die VVR mag ook optree in gevalle waar die nasionale veiligheid en onafhanklilkheid van ‘n lidland deur dade van buitelandse aggressie, insluitende dié met behulp van huursoldate, bedreig word en sal humanitêre optrede onder omstandighede van gewapende konflik of ramptoestande koördineer en fasiliteer.
‘n Afrika bystandsmag sal gestig word ten einde die VVR in staat te stel om sy verantwoordelikhede ten opsigte van vredesondersteuningsmissies en omstandighede van ingryping uit te kan voer. Die mag sal bestaan uit ‘n multidissiplinêre bystandskontingent asook siviele en militêre komponente wat vir vinnige ontplooiing in hul onderskeie lande van oorsprong gereed staan. Dit sal van lidlande verwag word om vir hierdie doel voorsiening vir die skepping van bystandskontingente te maak.
Vir sover dit die verhouding met die VN-veiligheidsraad betref, is dit opmerklik dat die VVR ten nouste met die VN handves verbonde is en daarop gerig is om uitvoering te gee aan hoofstuk sewe van die Handves. Hierdie hoofstuk maak daarvoor voorsiening dat niks in die Handves die bestaan van streeksooreenkomste of streeksagentskappe wat vir die instandhouding van vrede en veiligheid verantwoordelikheid aanvaar, teëstaan of verbied nie. (Translation of Afrikaans paragraphs follows.)
[Dr E A CONROY: Hon Chairperson and colleagues, the protocol that is being debated today proposes the establishment of a peace and security council of the African Union. I shall refer in my speech to this council as the PSC.
The PSC will be the standing decision-making body for the prevention, management and resolution of conflicts in the area of jurisdiction of the AU.
The mechanism for conflict prevention, conflict management and conflict resolution was discussed in the context of the Lusaka Decision during a workshop of ambassadors and the Nepad Implemenation Committee from 18 to 22 March 2002 in George in the Southern Cape.
After further discussions about a draft protocol on a PSC which will be similar to that of UN and will function in close co-oporation with this global body, which took place in May 2002 in Addis Ababa, the 76th ordinary session of the Organisation of African Unity’s Council of Ministers, held in Durban in June and July 2002, took a decision for the establishment of the PSC.
Special emphasis is placed on the need for early warning and preventative diplomacy in support of the protocol’s broad mandate and the setting into operation thereof.
This mandate includes the right of the African Union to intervene in member states under serious and significant circumstances, as well as in cases of war crimes and of genocide and crimes against humanity.
The mandate also includes the right to intervene at the request of member states for the purposes of the restoration of safety and peace. Its primary function will be peace expansion and post conflict reconstruction and restoration.
The PSC may also act in cases in which the national safety and independence of a member state is threatened by acts of foreign aggression, including those with the assistance of mercenaries, and will co-ordinate and facilitate humanitarian activities under conditions of armed conflict or disasters.
An African back-up force will be established in order to enable the PSC to be able to exercise its responsibilities with regard to peace support missions and situations of intervention. The force will consist of a multidisciplinary back-up contingent as well as civil and military components standing by for swift deployment in their respective countries of origin. Member states will be expected to make provision for the creation of back-up contingents for this purpose.
As far as the relationship with the UN Security Council is concerned, it is noteworthy that the P0C is closely connected with the UN Charter and is aimed at giving expression to chapter seven of the Charter. This chapter provides that nothing in the Charter opposes or forbids the existence of regional agreements or regional agencies which accept responsibility for the maintenance of peace and security.]
Deputy Chairperson, also pivotal to the successful implementation of the protocol would be a commitment among all member states to intelligence sharing which, noting the sensitivity of the issues concerned, would require a climate of confidence.
Meetings in member states where the ratification of the protocol was discussed seem to indicate that these states do not have problems with the protocol as such, but due to its wide-ranging requirements, ratification processes are subject to more national consultations than usual. They, however, appear to be fully committed to the Peace and Security Council.
The State Law Advisers have studied the draft protocol and find it in line with international law and South Africa’s international obligations. The Chief State Law Adviser has also scrutinisd the protocol and is of the opinion that it is not in conflict with South Africa’s domestic law.
The New National Party supports the principal content and goals of the protocol on the establishment of the Peace and Security Council of the African Union and supports its ratification. Thank you. [Applause.]
Mr M J BHENGU: Thank you. I thought you were denying me the right to speak, Deputy Chairperson. The evolution of security frameworks in Africa has shown a very haphazard pattern, so much so that it is somehow difficult to predict what the future could hold.
We all remember that there was a time, for instance, when the Southern African Development Community (SADC) was seen as the leading light in the area of co-operative sub-regional security and it was assumed that this body would actually serve as a good example to the rest of the continent on how to manage and deal with sub-regional security challenges. However, all the prospects for co-operation within SADC seem to have been jettisoned and other sub-regional groups such as Ecowas overtook the region.
One of the arguments made for a move towards regional security arrangements in Africa was the nature of the conflicts in Africa itself. It has often been argued that in the last decade almost all the conflicts in Africa have been instrastate, but with a lot of spillover effects. This means that even though wars were fought within Angola, Sierra Leone and others, the resulting problems associated with war would not only affect the countries that were directly involved, but even their neighbouring states as well.
It was envisioned that states could more easily cope with the challenges of refugee flows and the proliferation of arms when they co-operated with each other. In essence, the move towards more regional co-operation in Africa was a result of perceived common sub-regional security threats and challenges.
Strong regional security arrangements reflect the existence of strong states underneath, and without this any arrangement entered into would remain nothing but a hollow shell. Now, one of the challenges that have faced most African sub-regional groups is that they exist within a weak state system and this has actually affected their functioning.
Unlike Europe’s development of identity and statehood over decades and decades, Africa’s colonial heritage, combined with the difficulties of transition that followed independence and the cold war, has brought about enormous disparities in political, economic, linguistic, judicial, institutional and administrative cultures within a relatively short period of time. In such a situation, the key challenge therefore becomes how to bring about commonality at a regional level and a shared understanding of challenges within states, which were formed under different conditions, particularly during the colonial period.
Therefore, when looking at the trends in peace and security in Africa, all of the above-mentioned points have to be considered. It is important for us to contribute now at this point in time to the promotion of peace, security and stability in Africa, in order to guarantee the protection and preservation of life and property, the well-being of the African people and their environment, as well as the creation of conditions conducive to sustainable development.
Therefore, in accordance with section 231(2) of the Constitution of the Republic of South Africa, Act 108 of 1996, I propose that this protocol be supported. I thank you. [Applause.]
Ms C S BOTHA: Thank you, Chairperson. Central to the debates we have had in this Chamber is the vision of an African Renaissance. Many peripheral arguments have been heard around the exact meaning of this phrase. I am content to accept it as an affirmation of the dignity of every human being and the efforts needed to achieve this goal.
South Africa’s thrust towards this unity in action is not only the idealism behind it, but also the raft of plans put into a coherent framework around which this ideal will be achieved, and the persistence with which it, in the form of the AU and Nepad, has been promoted. The concept has been convincingly conveyed to parties in the rest of the world, like the G8 on whose capital its success hinges.
It is in the past century that we have seen the rise of multilateral decision-making bodies in world affairs, first, in the formation of the League of Nations, which was the brainchild of the former South African premier, Jan Smuts, followed by the UN. We are also experiencing the inherent fragility of such bodies when a member state, like America, is able to act unilaterally. It is likely that this will also be the template of the AU, which is composed of states and governments of vastly differing capacities.
This should not be a reason for relegating it to the back burner. It is simply necessary to accept that the establishment will probably not take years but decades. It is only necessary to look at the EU and the immense efforts that have gone into its formation - which is still ongoing - to see our own efforts in context. The protocol under discussion, which will establish the Peace and Security Council to be as the standing decision-making organ for the prevention, management and resolutions of conflicts, has a very wide mandate. It includes the monitoring of good governance, the rule of law, the protection of human rights and fundamental freedoms and international humanitarian law as part of its early warning system and responsibilities.
The council has the option of responding to requests by member states to intervene in restoring peace and security. It also implies the need for a co-ordinated armed force that can respond to crises on the continent and intervene in member states to prevent genocide, war crimes and crimes against humanity.
Will this mean that this council can intervene to support a failing dictatorship? Will the same option be exercised when civil society in that country asks for help? The council and its Panel of the Wise must have the courage to make politically unpopular decisions and be willing to defend these at home.
Who are the nations that will yield this power? The union’s 53 members will select 15 members of the security council for a 2-year term, while the five regional chairs will be elected for a 3-year term. There is no provision for veto rights or permanent seats on the council.
So far, South Africa and Gabon seem to have secured two seats. Algeria, Egypt and Libya are fighting for the Northern African seat, while Ethiopia, Kenya and Tanzania are competing for the East African seat. Nigeria and Senegal will contend for the West African seat. Each nations’s relationship with the US, the EU and France may greatly influence which countries get selected for the five seats.
There are serious questions to be asked, about whether the AU and its structures will not in practice be watered down to accommodate the lowest common denominator of authoritarian and mismanaged African countries. We are not operating in a vacuum. The blatant refusal to acknowledge horrific abuses when and where they occur like, presently, in our neighbouring country, Zimbabwe, does not evince confidence in the ability of states to adhere to the fine sounding principles of the AU.
This indicates that there is a special role for the media and parliaments to keep a watchful eye on these developments. And, there is a very important role for multiparty democracy, which ensures that differing viewpoints are constantly highlighted and interrogated to ensure the most favourable route towards a particular goal.
The operational requirements of the AU and specifically of its Peace and Security Council necessitates ceding measure of authority and sovereignty. This is conceptually acceptable if we view South Africa as dominant in the decision-making bodies. Considering, however, that it may be other countries in Africa which dominate the AU, we must exercise extreme vigilance.
Participating heads of state and governments of the member states of the AU have agreed to work together in pursuit of democracy and good political governance. But the existence of several countries in conflict and the obvious rivalry, which has clearly manifested itself, makes it of paramount importance that we fully interrogate the implications.
It is essential that we adhere to very specific guidelines for action on all levels of operation and be transparently clear on the political, financial and other implications of our acceding to the requirements of these measures.
A Pan-African security body charged with keeping the peace on the continent will be confronted with problems of no lesser complexity than those which beset the UN Security Council. Therefore, we should not take lightly the consequences of our chosen path, which is to support this protocol. [Applause.]
Ms M P THEMBA: Mr Chairperson, hon members, our President, Thabo Mbeki, in
his 2002 address to Parliament spoke of the need for African ownership,
where African leaders had to accept openly and unequivocally that they will
play their part in ending poverty and bringing about sustainable
development. We must,'' he said,strengthen democracy on the continent;
entrench a human rights culture, end existing conflicts and prevent new
conflicts.’’
One of the instruments that would clearly strengthen the hand of the AU in defining our vision for peace on the continent is the protocol establishing the Peace and Security Council of the AU. The functions of the Peace and Security Council will include early warning and preventative diplomacy, peace-making and peace-support operations.
Its mandate, according to the Constitutive Act, will include the right of the AU to intervene in member states in respect of grave circumstances, genocide, war crimes, and crimes against humanity, as other members have already said. It may also respond to requests by member states to intervene in restoring peace and security and its primary function will be peace- building and post-conflict reconstruction. It will ensure the implementation of the AU, UN and other international conventions and treaties on arms control and disarmament.
It will also co-ordinate and harmonise continental efforts in the prevention and combating of international terrorism in all respects, develop a common defence policy and for the Union, in accordance with Article 4(d) of the Constitutive Act. Moreover, it will promote and encourage democratic practices, good governance and the rule of law, protect human rights and fundamental freedoms, respect for the sanctity of human life as part of its efforts for preventing conflicts.
As far as the composition of the Peace and Security Council is concerned, which is provided for in Article 5, we are confident that the rigorous deliberations that preceded the resolutions ensured us with a fair dispensation. It is envisaged that the Assembly shall take into account the principles of equitable regional representation and rotation and that membership shall be premised on equality.
Besides the requirements for membership contained in Article 5, additional criteria were set, namely, actual participation in peace-making, peace- building and conflict-resolution at regional and continental levels and the willingness to take responsibility for such initiatives. Members will be subject to periodical review to ensure that they are fulfilling such criteria.
In terms of its structures, the Peace and Security Council will also have a Panel of the Wise, which would comprise of five highly respected African personalities from various segments of societies who have made outstanding contributions to advance the cause of peace, security and development on the continent.
They shall be selected by the Chairperson of the Commission after consultation with the member states concerned, on the basis of regional representation and appointed by the assembly. It also seeks for the establishment of an African stand-by force in order to enable the Peace and Security Council to perform its obligations and responsibilities with respect to the deployment of peace support missions and interventions pursuant to Articles 4(h) and (j) of the Constitutive Act.
In conclusion, we are by no means assured of a permanent peace for Africa even if democratic governance becomes more widespread, but we are, at least, assured of the promise of peace, given the winds of optimism that are blowing over the continent.
Just last week we witnessed the signing of the peace agreement of the DRC, which was based on the common vision and a firm conviction by all the protagonists that they have a pressing duty to eradicate poverty and to place their countries on a path of sustainable growth and development. In essence this is what the Peace and Security Council is all about; the ability to implement mechanisms consistent with the vision set out in Nepad. I thank you. [Applause.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): That concludes the debate, I shall now put the question, and the question is that the report be adopted. I now allow the parties to make their declarations if they so wish, in accordance with rule 71. I take it there is none. We shall now proceed to voting on the question. I shall do this in an alphabetical order per province. Delegation heads must please indicate to the Chair whether they vote in favour, against or abstain from voting. Eastern Cape?
Mr R Z NOGUMLA: We support the motion.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Free State?
Mr T S SETONA: We support.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Gauteng? Ms J L KGOALI: Ons ondersteun.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): KwaZulu-Natal?
Nkk J N VILAKAZI: Siyavuma. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Mpumalanga?
Mk M P THEMBA: IMpumalanga iyavuma. [Mpumalanga supports.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Northern Cape?
Mrs E N LUBIDLA: Supports.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Northern Province?
Mr M I MAKOELA: Iyaseketela. [Supports.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): North West?
Mr Z S KOLWENI: In favour.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Western Cape?
Nksz N D NTWANAMBI: Iyaxhasa. [Supports.]
The DEPUTY CHAIRPERSON OF THE NCOP: Nine provinces voted in favour. I, therefore, declare the question agreed to and the Report accordingly adopted in accordance with section 65 of the Constitution. That concludes the business of the House.
The Council adjourned at 15:45. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
MONDAY, 7 APRIL 2003
ANNOUNCEMENTS: National Assembly and National Council of Provinces:
- Introduction of Bills:
(1) The Minister of Finance:
(i) Petroleum Pipelines Bill [B 22 - 2003] (National Assembly
- sec 75) [Explanatory summary of Bill and prior notice of its
introduction published in Government Gazette No 24584 of 14
March 2003.]
Introduction and referral to the Portfolio Committee on Minerals
and Energy of the National Assembly, as well as referral to the
Joint Tagging Mechanism (JTM) for classification in terms of Joint
Rule 160, on 8 April 2003.
In terms of Joint Rule 154 written views on the classification of
the Bills may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
- Draft Bills submitted in terms of Joint Rule 159:
(1) Petroleum Pipelines Bill, 2003, submitted by the Minister of
Minerals and Energy on 1 April 2003. Referred to the Portfolio
Committee on Minerals and Energy and the Select Committee on
Economic and Foreign Affairs.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Home Affairs:
Government Notice No 847 published in Government Gazette No 24587 dated
14 March 2003: Notice of Intention to adopt regulations, made in terms
of section 7(1)(a) of Immigration Act, 2002 (Act No 13 of 2002).
Please note: This is a correction of a tabling recorded on the
Announcements, Tablings and Committee Reports, dated 24 March 2003.
- The Minister of Public Enterprises:
Report and Financial Statements of Eskom Limited for 2002.
- The Minister of Social Development:
(a) Government Notice No R 460 published in Government Gazette No
24630 dated 31 March 2003: Amendment to Regulations regarding
grants and financial awards to welfare organisations and to
persons in need of social relief of distress, made in terms of
section 19 of the Social Assistance Act, 1992 (Act No 59 of 1992).
(b) Government Notice No R 461 published in Government Gazette No
24631 dated 31 March 2003: Increase in respect of social grants,
made in terms of the Social Assistance Act, 1992 (Act No 59 of
1992).
TUESDAY, 8 APRIL 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Bills passed by Houses - to be submitted to President for assent:
(1) Bills passed by National Council of Provinces on 8 April 2003:
(i) Pensions (Supplementary) Bill [B 11 - 2003] (National
Assembly - sec 77).
(ii) Usury Amendment Bill [B 1 - 2003] (National Assembly - sec
75).
- Introduction of Bills:
(1) The Minister of Trade and Industry:
(i) Liquor Bill [B 23 - 2003] (National Assembly - sec 76)
[Explanatory summary of Bill and prior notice of its
introduction published in Government Gazette No 24628 of 27
March 2003.]
Introduction and referral to the Portfolio Committee on Trade and
Industry of the National Assembly, as well as referral to the
Joint Tagging Mechanism (JTM) for classification in terms of Joint
Rule 160, on 9 April 2003.
In terms of Joint Rule 154 written views on the classification of
the Bills may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
National Council of Provinces:
- Messages from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council:
(1) Bill passed by National Assembly on 8 April 2003 and transmitted
for concurrence:
(i) Anti-Personnel Mines Prohibition Bill [B 44B - 2002]
(National Assembly - sec 75).
The Bill has been referred to the Select Committee on Security and
Constitutional Affairs of the National Council of Provinces.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
-
The Minister of Finance: The Intergovernmental Fiscal Review for 2003 [RP 27-2003].
-
The Minister of Public Enterprises:
Strategic Plan of the Department of Public Enterprises for 2003-2006.