National Council of Provinces - 13 May 2003
TUESDAY, 13 MAY 2003 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 14:10.
The Honourable Judge President of the Cape High Court took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
SWEARING IN OF PERMANENT DELEGATES AND THE ELECTION OF CHAIRPERSON OF THE NCOP
The JUDGE PRESIDENT OF THE CAPE HIGH COURT: Hon members, this Plenary has been called for the swearing-in ceremony of permanent delegates to the NCOP, as well as the election of its Chairperson. In terms of section 62 of the Constitution, every permanent delegate of the NCOP has to make an oath or subscribe to the solemn affirmation before performing his or her functions in the Council.
A delegate is entitled to making an oath or subscribing to the solemn affirmation in the official language of his or her own choice. It has been arranged that the delegates will make the oaths or solemn affirmations in language groups. Will delegates, when their names are called out, please take their places in front of the Table in their groups, as pre-arranged.
I will request the clerk to read the oath and solemn affirmation, as prescribed, in terms of section 4 of schedule 2 of the Constitution, in the various official languages, after which delegates must respond individually by saying “I do” when making the solemn affirmation, or by raising their right hands and saying “so help me God” when making the oath.
Will the secretary announce and read the names of the members in the group, please. Ackermann, C; Adams, F; Bhengu, M J; Durr, K D S; Matthee, P A; Ntwanambi, N D; Pandor, G N M; Raju, N M; Thomson, B; Versveld, A M; Vilakazi, J N; Zulu, B Z.
Conclusion of oaths and solemn affirmations.
The JUDGE PRESIDENT OF THE CAPE HIGH COURT: We will now proceed to the election of a Chairperson of the NCOP. I wish to announce that the Returning Officer is the Secretary to Parliament, Mr Sindiso Mfenyane. I wish to announce further that, in terms of Rule 2 of the Rules for the Election of a Chairperson, Ms L L Matyolo, Mr B V L Momoti, Ms J Borien and Mr B N Nonyane have been appointed by the Returning Officer as Assistant Returning Officers.
I wish to announce further, that the oath or affirmation has already been administered to the Returning Officer and Assistant Returning Officers, as required by the Rules.
Before calling for nominations I wish to remind delegates that, in terms of the Constitution and the Rules, each nomination must be submitted on the prescribed form and duly seconded. Furthermore, I wish to draw the attention of the delegates, specifically to section 64 of the Constitution, in terms of which no person may be elected as a Chairperson of the Council, unless he or she is a permanent delegate of the Council.
I also wish to inform delegates that, in terms of item 4 of Part A of Schedule 3 to the Constitution, there may be no debate whatsoever.
There will now be an opportunity for nominations for Chairperson of Council.
THE PREMIER OF THE NORTHERN CAPE (Mr E M Dipico): My lord, Judge President, I rise to nominate the hon member Grace Naledi Mandisa Pandor as a Chairperson of this NCOP.
The JUDGE PRESIDENT OF THE CAPE HIGH COURT: Thank you, Mr Dipico. Ms Naledi Pandor has been nominated. Is the nomination seconded?
Mr M C VAN SCHALKWYK: Judge President, I would like to second Mrs Pandor’s nomination.
The JUDGE PRESIDENT OF THE CAPE HIGH COURT: Thank you, Mr van Schalkwyk. Please present the nomination form to the Returning Officer. Are there any further nominations? [Interjections.]
Can I nominate myself? [Laughter.] Are there any further nominations, please?
Hon MEMBERS: No.
The JUDGE PRESIDENT OF THE CAPE HIGH COURT: Thank you. Since there are no further nominations, that concludes the business for nominations. Only one candidate has been nominated namely, Ms Naledi Pandor. [Applause.] May I go on to say that the nomination is in order, in terms of item 5 of Part A of Schedule 3 to the Constitution. I accordingly declare Ms Naledi Pandor elected Chairperson of the NCOP.
On behalf of all present, I congratulate you on having been elected Chairperson of the NCOP. Now I invite you. [Applause.]
The CHAIRPERSON OF THE NCOP: Thank you to the hon Judge President for having stepped in so kindly to assist us this afternoon. I should also proceed to congratulate those newly sworn-in members of the National Council of Provinces. I would like, before we proceed, to take this opportunity to refer to some of the challenges that we are confronted with as a House, as a consequence of the signing into law of the second amendment to the Constitution.
We have been faced this afternoon, as you witnessed, with the need to swear in permanent delegates who lost their seats by virtue of the legislation that I have referred to. In section 61(2)(b) of the Constitution, we find this: That if the composition of a provincial legislature is changed on account of changes of party membership, mergers between parties, subdivisions of parties or any change that is referred to within the second amendment Act, the legislature should within 30 days determine, in accordance with the national legislation referred to in paragraph (a), the number of each party’s delegates who are to be permanent delegates and the number who are to be special delegates, and to appoint the permanent delegates in accordance with the nominations of the parties.
Section 62(3) of the Constitution indicates that permanent delegates are appointed for a term that expires (a) immediately before the first sitting of the provincial legislature after its next election or, (b) on the day before the appointment of permanent delegates in accordance with section 61(2)(b)(ii) takes effect.
Our recent experiences highlighted the fact that the implementation of these provisions has an unintended consequence which in my view requires attention. The current effect of section 62(3)(b) is that where there are any changes in a provincial legislature in terms of section 61(2)(b), all permanent delegates, including those whose parties were not impacted upon by the changes arising from crossing of the floor in the provincial legislature, lose their membership of the National Council of Provinces.
Members will surely appreciate that such an outcome places this House in an invidious position in that we have to reconstitute ourselves each time there are changes in the composition of provincial legislatures arising from floor crossing which may affect a small proportion of the members of a legislature.
There are also difficulties related to the situation where provincial legislatures have failed to appoint the permanent delegates within the 30- day period which is stipulated in the legislation. I think the important lesson that we as members can take from this experience is that we are reminded once more of how vital it is that legislation is carefully drafted by ourselves in our committee work and that we ensure at all times, as public representatives, that legislation clearly conveys the intentions of Parliament.
It is difficult to accept that it could have been the logical intention of Parliament that at each change that occurs in the composition of a provincial legislature, the entire permanent delegation would require swearing in by a judge, given that it is not a casual vacancy, and would require the election of office-bearers once more. All of these unintended consequences arise from the present formulation of the Act and, in my view, require urgent attention from the committees of this House as well as from Parliament generally.
Those of you who are puzzled, that is an indication of the changes and the challenges that have arisen from the Constitution of the Republic of South Africa Second Amendment Act, Act 21 of 2002.
Having outlined those challenges to you and hoping that the relevant committees will take up these matters, allow me to thank you, hon members, for having shown confidence in me once more. I wondered for a moment whether I should not decline nomination since I failed to ensure that such legislation did pass before these walls. It also seems to be fairly strange that this day is the day on which my mother died exactly one year ago and I wonder what all of this might mean.
With those words, I thank you and hope that we will ensure that we address this invidious situation in which we find ourselves. [Applause.]
STATEMENT OF CONDOLENCE
(The late Mr W M U Sisulu)
The CHIEF WHIP OF THE COUNCIL: Chairperson, before I proceed may I take this opportunity of congratulating you on your appointment. It is clear from the response you have received from the House that you enjoy the full confidence of this House and we are pleased to note that you have resumed your seat with the necessary authority and confidence as you have done hitherto.
Chairperson, we also share with you in the grief that you may be going through today on the anniversary of your mum’s death and we certainly share and empathise with you on this particular day.
In relation to the statement that we have to make in this Council, we remember a great revolutionary, a giant of the freedom struggle of South Africa, Walter Sisulu. Thousands of people across South Africa and the world have paid tribute to this giant of a man. Editorials abound with descriptions of his wisdom, resilience, courage, nobility and humility. Perhaps it would be appropriate to quote from our former President in relation to the passing away of Tata Sisulu. He had the following to say.
Xhamela is no more … His absence has carved a void. A part of me is gone. We shared the joy of living and the pain. Together we shared ideas, forged common commitments. We walked side by side to the valley of death, nursing each other’s bruises, holding each other up when our steps faltered. Together we savoured the taste of freedom. From the moment we first met, he has been my friend, my brother, my keeper and my comrade.
Our President Thabo Mbeki had the following to say:
South Africa’s beloved friend and statesman of liberation, Walter Sisulu has passed out of this life. He was a massive force of enlightenment and freedom and earned his place in the annals of history together with great figures like O R Thambo who pursued the struggle with unflagging determination in the dark and difficult days of apartheid.
As we remember, Walter Sisulu was born in the year that the ANC was established and unwaveringly committed himself to the liberation of this country and the establishment of a nonracial, nonsexist and united South Africa. We should ponder and reflect briefly on the kind of qualities that he had as a person. We hear or read from George Bizos, a very experienced and senior advocate, how he sustained five days of cross-examination during the famous Rivonia trial and during that period held the moral high ground in terms of the struggle of the Blacks in a very repressive and oppressive system. We hear and learn from the fact that as a result of his composure, patience, wisdom and sincerety, the people who were subjected to these trials were in fact saved from the noose.
We hear from his son, Max Sisulu how he, accompanying his dad to the offices of the African National Congress, on their way to do Christmas shopping, came across some children who were very poor and Walter Sisulu took the money that he had with him for purposes of purchasing items for Christmas and handed it over to the poorest of the poor. This in fact reflects a particular character of Walter Sisulu.
We also know that not only was he a liberator, a person committed to the struggle for freedom, but he imbued in his family, friends and comrades the importance of the value of education. We have read that when he was in prison on Robben Island, he had learnt that Max Sisulu, his son, who was a chief whip in the National Assembly, had wanted to join the military wing of the African National Congress. He wrote to his dear wife Albertina Sisulu, and may God give her strength during this difficult time, to indicate to her that he should first complete his education before he joins the military. This means that he has always emphasised the importance of education and enlightenment in the pursuit of the leadership of this country.
His life, commitment and resilience is a monument to the people of South Africa. As we think about him, we think about those, such as Oliver Thambo and Govan Mbeki who possessed a quiet confidence, the wisdom, determination and the humility to lead this country. He has served the ANC and his leadership, he has been a counsellor and a mentor to great people and great leaders such as Nelson Mandela. He in fact was responsible for Nelson Mandela being mobilised into the African National Congress Youth League and he had an important role as he did so.
Another attribute of this great soul was his ability to ensure that decisions were debated robustly. Nelson Mandela speaks about the fact that while they were incarcerated they would debate robustly various issues and they would disagree but were never alienated or estranged from each other. They preserved the friendship, the support and they walked together. Another significant attribute of what Sisulu had brought to this country and to this nation is the fact that leadership cannot exist in a vacuum, that it is all about collective decisions and he was largely responsible for bringing the ethic of debate and consensus into the ANC.
As we stand here and reflect on the greatness of this man, I think it is important that we remember the grief and the suffering that his family is going through and this Council conveys its sincerest condolences to his children, grandchildren and members of his family. We believe from what we have read, what we have heard and seen that the entire nation mourns the loss of Walter Sisulu. And, I believe Chairperson that it is appropriate that we dedicate this debate that we have today as we speak about our freedom, democracy and development in the country to our stalwart, our giant, Walter Sisulu.
Mnr P A MATTHEE: Voorsitter, dit is ‘n voorreg om ‘n paar woorde te sê oor so ‘n merkwaardige groot Suid-Afrikaner soos wyle Walter Sisulu en om hom te salueer. Hy was, volgens Ahmed Kathrada, die man wat die spreekwoordelike hekke oopgemaak het vir Suid-Afrikaners van alle rasse, om deel te wees van die vrye demokratiese bestel wat ons vandag het toe hy die leiding gegee het om die destydse ANC te laat afsien van ‘n eng, eksklusiewe Afrikanasionalisme. Daarvoor moet ons hom altyd eer en dankbaar wees. Sy nederigheid, wysheid en innemendheid is vir ons almal ‘n voorbeeld. Sy oplossingsgerigtheid en positiewe ingesteldheid selfs onder baie moeilike omstandighede - soos blyk uit die laaste sin van sy artikel, ``We shall overcome’’, geskryf terwyl hy op Robbeneiland in die tronk was - kan vir ons almal as aansporing dien en ook soos die agb Hoofsweep van die Raad gesê het, is dit ook van toepassing op ons debat vandag: In the history of mankind, it is a law of life that problems arise when the conditions are there for their solution.
Ons diepste meegevoel gaan met al sy familie en naasbestaandes. Ek dank u. [Applous.] (Translation of Afrikaans speech follows.)
[Mr P A MATHEE: Chairperson, it is a privilege to say a few words about such a distinguished South African as the late Walter Sisulu and to salute him. He was, according to Ahmed Kathrada, the man who opened the proverbial gates for South Africans of all races to be part of the free democratic dispensation which we have today when he took the lead in guiding the ANC at that time to renounce a narrow, exclusive African nationalism. We must always honour him and be grateful to him for that. His humility, wisdom and grace serve as an example to all of us. His solution-directed and positive disposition even under very trying circumstances - as clearly shown by the last sentence of his article, ``We shall overcome’’, written while he was still in prison on Robben Island - can serve as an inspiration to all of us and, as the hon Chief Whip of the Council said, is applicable to our debate today:
In the history of mankind, it is a law of life that problems arise when conditions are there for their solution.
Our deepest sympathy goes to his whole family and next of kin. Thank you. [Applause.]]
Mr N M RAJU: Chairperson, may I profess my remarks on behalf of my party to congratulate you on your re-election to the Chair.
The official opposition, the Democratic Alliance, joins the South African nation in mourning the demise of the late Walter Sisulu who had succumbed strikingly to the final call of death, the great leveller in our lives on Monday 5 May 2003. From all accounts Mr Sisulu was the source of great inspiration to the leaders and the vanguard of the titanic liberation struggle for freedom and democracy in our beloved South Africa. A formidable opponent of the apartheid regime, and as the member of the illustrious triumvirate comprising his colleagues the late Mr Oliver Tambo and Mr Nelson Mandela in the vanguard of the struggle, Walter Sisulu strode the political firmament of this land like a veritable colossus. My party salutes a surveillant and intrepid fighter against racial discrimination and denial of human rights. Having served incarceration as a political prisoner on Robben Island, for over a quarter of a century, Mr Sisulu emerged unscathed with his integrity in tact as on the day he was taken prisoner, with remarkable stoicism and profound belief in the justness of the cause he espoused; the cause of a nonracial democracy for and in South Africa.
With unimpeachable integrity, and impeccable credentials as a family person, a caring husband and father, Mr Sisulu had endeared himself not only to his immediate family and friends but to the nation as a whole. One who shunned the limelight, and who eschewed pomp and status, he nevertheless remained behind the curtains as a powerful prop to ensure that others enjoy the glow of publicity and approbation. We salute the great man for his human efforts in laying the solid foundation for the democracy we nurture today. We join the Sisulu family, the Soweto community, the African National Congress, the South African nation and the international community in mourning the loss of this great South African son.
With apologies to the great Bard of Avon William Shakespeare, this was the noblest of them all, his life was gentle and all the elements so mix’d in him, that Nature might stand up and say to all the world, ``This was a man’’.
Mr M J BHENGU: Chairperson, first of all I wish to congratulate you on your reappointment. Following in the steps of Mr Raju’s eloquency I choose to be very brief, but remain right in the centre of the whole thing, and say that the sudden death of the late Walter Sisulu has left not only this country but the entire community devastated. He was indeed and still is an icon of international repute who could rise above party politics to the level of humanity.
He was a member of the African National Congress but he belonged to the human race. He was a monument larger than life.
Kufa, awunamahloni ngokusithathela iqhawe lethu. Kufa ngabe luphi udosi
lwakho na? Thina be-IFP sithi ulale ngokuthula, Xhamela! To the bereaved
family of Sisulu we say, Nilale ngenxeba. Akwehlanga lungehli''. [Death,
you are a disgrace for taking our hero away from us. Death, where is your
sting? We, the IFP, say, May you rest in peace, Xhamela’’. To the
bereaved family of Sisulu we say, ``May you be comforted’’.]
Mr R M NYAKANE: I rise to express the UDM’s condolences to the bereaved family members of the late Walter Sisulu especially to his wife. We, South Africa’s citizens, owe many thanks and gratitude to the people like him for the total and protracted commitment towards the liberation of its people. When asked by methodist clergy George Emhaulzer and Professor Herbert Shore what was going through his mind when he was awaiting sentence at the Rivonia trial, and expecting the death penalty, the hon Comrade Sisulu responded as follows: ``I was thinking how I must go to the gallows, and I thought I must go to the gallows singing for the sake of the youth who follow us so that they will know that we fulfilled our task in life. We must show that our death must not mark the end but would be an inspiration to our people’’
There could be no better way for the comrade to adequately depict the extent and magnitude of one’s commitment to the liberation of one’s people.
Etlela hi ku rhula nkulukumba. [Rest in peace, sir.]
Mr J O TLHAGALE: Madam Chairperson, thank you very much for the opportunity. It is not very common except by the grace of God that the person realises the fruition of his long-term aspirations during his or her lifetime. Today we are proud of a stalwart of Tata Sisulu’s calibre who has lived to witness the liberation and formation of a democratic South Africa that he struggled and suffered for. We have known Tata Sisulu as a gentle and humble person, a people’s person and a very intimate family man. May his soul rest in peace. May his family and fellow comrades in the ANC know that their loss is our loss.
Mr K D S DURR: Chairperson, I just want to associate myself with the words of congratulations to you on your re-election. It is an honour to say a few words about Walter Sisulu. There are four qualities that comes to mind that stand out for me when one looks across his great life. They are courage, humility, family values and nonracialism. Nonracialism was a huge contribution that he made. We in the ACDP associate ourselves with the motion in his honour and with the words moved by the Chief Whip and by my colleagues.
Our deepest condolences go out to Mrs Sisulu and to his family. [Applause.]
The CHAIRPERSON OF THE NCOP: I thank hon members for their expression of condolences and join them in that expression. Our struggle for freedom in our country has given rise to many ironies and anomalies. Great men and women have had no public recognition and were often rendered criminal in their efforts for democracy.
Their commitment to universally recognised human rights was not a gift they themselves personally enjoyed although they strived for this character in our society. Family, friends and colleagues often became absent companions for these heroes and heroines.
Tata Sisulu’s life reflects all these anomalies. Yet he has a distinction above all heroes in that he humbly turned away recognition of greatness. He never sought public acknowledgement, preferring as we all no know the innocence of needy children as his great cause, rather than popular issues of the day.
Our task as those who remain will be to ensure that unlike the fate of Ceasar, the good of Tata Sisulu should not be interred with his bones. Tata Sisulu would, I am sure, urge us from mourning to action: action as to how we will remember him and the many who were his companions in the struggle for freedom and justice in our country, action as to what we shall do in our schools, our cultural institutions, our publishing houses, our media, to ensure that the principles and values he upheld and promoted are never forgotten; action to ensure democracy and freedom thrive in South Africa. We will live up to his great expectations if we maintain action of these ideals.
Tata Sisulu, we will strive not to fail you. Rest in peace. Your spear has fallen, but you have succeeded. You built a rearguard able to pick up your spear and raise it high in support of democracy and the ideals you suffered so long for.
We send our sympathies to Ma Sisulu and the entire Sisulu family as this National Council.
BUS ACCIDENT IN THE NORTHERN CAPE ON WORKERS' DAY
(Draft Resolution)
Mrs E N LUBIDLA: Chairperson, I move without notice:
That the Council -
(1) notes with sadness the bus accident in the Northern Cape on Workers’ Day, 1 May, which claimed the lives of 51 people;
(2) further notes with concern that most of the victims were breadwinners on whom entire families depended for their basic needs such as food, education and healthcare;
(3) thanks the community, the neighbouring provinces and business people for their support in alleviating the suffering of the families of the victims;
(4) commends the President of our country for the commitment and dedication he has shown in his support for the families of the victims; and
(5) conveys its deepest sympathy to the relatives and friends of the victims and wishes the injured a speedy recovery.
Motion agreed to in accordance with section 65 of the Constitution.
TRAGIC ACCIDENT IN KWAZULU-NATAL
(Draft Resolution)
Ms B THOMSON: Chair, I move without notice:
That the Council -
(1) notes with sadness the tragic accident in Bulwer, KwaZulu-Natal, which claimed the lives of six people;
(2) expresses its shock at reports that the bodies of the victims were left to lie next to the wrecked vehicle for 12 hours before being removed by the police;
(3) believes this delay in removing the bodies was unnecessary and showed an utter lack of appreciation by traffic, police and emergency authorities in the area of the standards of service delivery required from public officials; and
(4) calls on the relevant provincial departments to investigate this delay in removing the victims’ bodies as a matter of urgency.
Motion agreed to in accordance with section 65 of the Constitution.
BARBARIC ASSAULT OF FIFTEEN YEAR-OLD GIRL
(Draft Resolution)
Ms D M RAMODIBE: Chairperson, I move without notice:
That the Council -
(1) notes with deep concern the indecent and barbaric assault of a fifteen year-old girl in Kempton Park last month;
(2) further notes that the perpetrators, who are reported to be Chinese nationals, allegedly forced the victim to have sex with a dog whilst they were looking on, have already appeared in court;
(3) condemns in the extreme, on behalf of all the people of South Africa, this incident and all other forms of violence against children, women and vulnerable groups;
(4) believes that violence and abuse of this nature are contrary to the values and spirit of our democratic society; and
(5) appreciates the efforts made by the relevant law-enforcement authorities to deal with this repulsive transgression expeditiously, whilst at the same time sending out strong signals that any similar forms of abuse would encounter the full force of the law.
Motion agreed to in accordance with section 65 of the Constitution.
WELCOME TO MS N P KHUNOU
(Draft Resolution)
Ms C-S BOTHA: Madam Chair, I move without notice:
That the Council -
(1) welcomes Ms N P Khunou who has joined the Free State delegation in the place of the late Senorita Ntlabati; and
(2) notes that Ms Khunou has been nominated by the ANC and is a genuine member of the ANC - we are happy to have her in our midst.
[Applause.]
Motion agreed to in accordance with section 65 of the Constitution.
CELEBRATION OF INTERNATIONAL NURSES DAY
(Draft Resolution)
Dr P J C NEL: Madam Chairperson, I move without notice:
That the Council -
(1) notes that -
(a) International Nurses Day is celebrated every year on 12 May on
the anniversary of Florence Nightingale's birthday - this year's
theme is "Fighting the Aids stigma and caring for all";
(b) nurses are the frontline caring, giving professionals whom
patients interact with most often;
(c) many nurses work 24 hours a day, seven days a week and almost
every holiday and weekend, at times under very difficult
conditions;
(2) honours the 172 300 nurses of South Africa and thanks them for being kind-hearted to us, and taking care of us when we need them the most and for their compassion and understanding; and
(3) calls on all members to carry them in their prayers and to ask the Lord to strengthen them in their selfless service and to enable them to bring joy to the lives of those that they serve.
Motion agreed to in accordance with section 65 of the Constitution.
The CHAIRPERSON OF THE NCOP: I have a note here which is supposed to have been directed to the hon Botha, perhaps by a person who is not a genuine member of the ANC, asking if the hon Botha could indicate the characteristics which give rise to a person being described in that way. So, perhaps hon Botha, I will direct the member to you.
HORROR COLLISION IN KWAZULU-NATAL
(Draft Resolution)
Prince B Z ZULU: Chairperson, I move without notice:
That the Council -
(1) notes with great sadness, the untimely death of 13 people in a horror collision between two minibus taxis near Umzinto in KwaZulu-Natal; (2) regrets the loss of young lives, most of whom were schoolchildren;
(3) further regrets that the accident could have been avoided had the taxi drivers been more vigilant and refrained from playing the often- played game of “chicken”;
(4) calls on all road users, passengers and pedestrians to be extra vigilant on the roads and to adhere to the traffic rules at all times; and
(5) offers its deepest condolences to the families and friends of the victims.
Motion agreed to in accordance with section 65 of the Constitution.
EFFECTS OF THE DROUGHTS IN PARTS OF SOUTH AFRICA
(Draft Resolution)
Mr K D S DURR: Chairperson, I move without notice: That the Council -
(1) notes the growing effects of the droughts in parts of South Africa and in SADC countries; and
(2) calls upon -
(a) the Premiers of affected provinces, such as Limpopo and North
West, to use the drought relief contingency funds earlier rather
than later to reduce the negative impact of the effects of the
drought; and
(b) the authorities to do a medium term food supply analysis for
South Africa and to develop a food security contingency plan and
a SADC refugee handling plan for Southern Africa to cope with
the inevitable consequences of drought and the Mugabe-inspired
Zimbabwean economic implosion.
Motion agreed to in accordance with section 65 of the Constitution.
ESTABLISHMENT OF AD HOC JOINT COMMITTEE ON REPARATIONS
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Chairperson, I move the motion as printed in my name on the Order Paper:
That, notwithstanding the provision of Joint Rule 138(1)(b), the Council ratify the following decision of the Speaker of the National Assembly and the Chairperson of the Council, acting jointly after consulting the Chief Whip of the majority party in the Assembly and the Chief Whip of the Council:
(1) to establish an ad hoc Joint Committee on Reparations to consider recommendations made by the President in terms of section 27 of the Promotion of National Unity and Reconciliation Act, 1995 (Act No 34 of 1995);
(2) the Committee to consist of 19 Assembly members and 9 National Council of Provinces members;
(3) the Committee to submit a report to both Houses by 12 June 2003; and that
(4) the Committee may exercise those powers in Joint Rule 32 that may assist them in carrying out their task.
The CHAIRPERSON OF THE NCOP: There is no speakers list. I shall now put the question. The question is that the motion be agreed to. The decision is dealt with in terms of section 65 of the Constitution. I will therefore ask delegation heads to indicate the votes of their provinces. Before we proceed to voting I shall first allow provinces an opportunity to make their declaration of vote in terms of Rule 71, if they wish to do so. Is there any province wishing to make a declaration of vote? There is none. We therefore proceed to voting on the question. This shall be done in alphabetical order per province. Delegation heads should indicate whether they vote in favour, against or abstain from voting. The Eastern Cape?
Ms B N DLULANE: IMpuma Koloni iyayixhasa ingxelo. [The Eastern Cape supports the report.]
The CHAIRPERSON OF THE NCOP: Free State?
Mr T RALANE: Free State iyaxhasa. [Free State supports.]
The CHAIRPERSON OF THE NCOP: Gauteng?
Ms J L KGOALI: Gauteng e a tlatsa. [Gauteng supports.]
The CHAIRPERSON OF THE NCOP: KwaZulu-Natal?
Ms B THOMSON: Siyahambisana. [We are in agreement.]
The CHAIRPERSON OF THE NCOP: Mpumalanga? Mr V V Z WINDVOЁL: In favour.
The CHAIRPERSON OF THE NCOP: Northern Cape?
Mr D M KGWARE: Northern Cape e a dumela. [Northern Cape supports.]
The CHAIRPERSON OF THE NCOP: Northern Province?
Kgoshi M L MOKOENA: Siyavuma. [We agree.]
The CHAIRPERSON OF THE NCOP: ILimpopo? Ayisekho iprovince ebizwa Northern Province. Siza kucela ukuthi sibize igama elifanelekileyo, iLimpopo. [Limpopo. There is no province still called the Northern Province. I would like us all to use the proper name, Limpopo.] North West province?
Mr Z S KOLWENI: North West in favour.
The CHAIRPERSON OF THE NCOP: Western Cape?
Ms N C PHENDUKA: Western Cape in favour.
The CHAIRPERSON OF THE NCOP: All provinces have voted in favour. I therefore declare the motion agreed to.
Motion agreed to in accordance with section 65 of the Constitution.
NINE YEARS OF DEMOCRACY: THE ROLE OF PARLIAMENT IN PROMOTING FREEDOM,
DEMOCRACY AND DEVELOPMENT IN SOUTH AFRICA
(Subject for Discussion)
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J MAHLANGU): Chairperson, may I first and foremost begin by congratulating you on your election as chairperson. I have been hearing my colleagues here - though they did not say it very loud - that we did not tell them in time that they can also stand and therefore they did not have enough time to lobby for their best horses to stand. At the same time I wish to congratulate all those who have been renominated and have been sworn in today. I also thank very much the permanent member from the Free State for joining this House.
When we as new members of Parliament entered Parliament for the first time in 1994, I suspect that few of us knew that the task of transforming the old authoritarian apartheid structures into well-oiled, effective and responsive systems capable of delivering democracy would be such a mammoth one. As in almost every structure and institution in the country, radical transformation was needed to give practical expression to the constitutional vision of an interactive, participatory and people-sensitive democracy.
Parliament and Government’s role is to pursue the realisation of the constitutional mandate to promote the newly-established democracy. In terms of the Constitution, Parliament’s role with regard to development of democracy includes, amongst other things, the following: Initiating legislation that promotes various elements of democracy; ensuring that the draft legislation emanating from the Executive conforms to the Constitution and is effective in promoting democracy; exercising oversight over spending and budget reprioritisation; exercising oversight over the development of government policy; exercising oversight over the implementation of legislation and policy; helping to determine the normative content of constitutional rights and supporting and strengthening the capacity of local government in its delivery of basic services. Providing the support by legislative and other measures would do this.
For most of the 20th century, sectors of our population were disenfranchised and the majority of the population was excluded from the South African polity. The democratic elections in 1994 installed a Parliament that now reflects the demographic composition of the country to a far greater extent than ever before. Inevitably, this increased representativeness brought with it a new culture that had widespread ramifications for Parliament’s role in developing our constitutional democracy. Our Parliament is a beacon of representative democracy. This new era in the history of our country offered institutions of democracy the opportunity and potential of representing the true aspirations of the people of South Africa. These institutions previously represented the interests of a minority and in no manner reflected the values of democracy, accountability and a people-centered approach to development.
The first challenge therefore of our Parliament was to become an active agent in the constitutional project of transforming the country and not to be relegated to the sidelines. The basic objective of human development is to enlarge the range of people’s choices in particular with regard to access to income and employment opportunities, education, health and a clean and safe physical environment in order to make development more democratic and participatory. Sustained poverty reduction requires equitable growth, but it also requires that poor people have political power. And the best way to achieve that in a manner consistent with human development objectives is by building strong and deep forms of democratic governance at all levels of society. Democracies are notably better in meeting the most pressing social needs of citizens. Democratic participation is a critical end of human development, not just a means of achieving it. The liberation of the country did not automatically bring about prosperity. The need to address socio-economic challenges was thus placed high on Parliament’s agenda. The basis for the role of Parliament in the development agenda could be cemented by the following: The electoral mandates give Parliament a degree of legitimacy that civil society lacks and Parliament provides a forum for building a multiparty consensus on poverty-reduction priorities. Parliament’s approval is required to enact budgets and legislation needed to implement poverty- reduction strategies. It could facilitate greater civil society participation and could further strengthen representational capacity. Also, links between MPs and constituents is a useful tool in building public awareness of poverty reduction and development efforts.
Parliaments often face significant human resources and financial constraints. However, Parliament’s goals have been to provide a wider range of options for parliamentarians and to build capacity to allow more opportunities for parliamentary engagement. With regard to implementation, it identified that raising public awareness through constituent outreach activities would enable parliamentarians to play a key role in disseminating information about development programmes and it would simultaneously develop public demand for successful implementation of programmes. In reviewing legislation or budgets, legislatures had drawn attention to inconsistencies between draft legislation and development policies. Parliament’s role does not end there. It has also, in compliance with its constitutional mandate, performed oversight over the executive by receiving information from constituents about problems in programme implementation.
More than that Chairperson, you would agree with me that the NGOs play a very vital role also in playing the oversight function in collaboration with our committees in Parliament. That is a very critical point which did not happen in the apartheid era. Now given the links of the constituencies, legislators are in a position to see the impact of programmes in their districts and to ensure domestic accountability for the implementation of those programmes. Indeed Chairperson, our Parliament and parliamentarians have laid a foundation for the essential contribution to poverty reduction by: Firstly, performing legislative duties such as scrutinising budgets to ensure transparent and effective use of public resources; secondly, by encouraging governments to deliver on their commitments; and thirdly, by strengthening accountability through parliamentary committees and by reaching out to all groups of citizens they represent and ensuring their inclusion in government processes.
Chairperson, I would also like to share with you that our Parliament does not only play a developmental role in the domestic matters or internally in our country, but also in Africa as a whole. You would agree with me that our Parliament recently has played a very vital role in launching the African Union in Durban in July 2002. And it also played a very vital role in organising the World Summit on Sustainable Development. Our Parliament is also expanding bilateral relations to promote trade investment and co- operation in various fields with a view to advancing the goals of our developmental agenda. Our Parliament also has played a very vital role in the creation of the Pan-African Parliament and it will give concrete expression to the vision of a united, integrated and strong Africa. Parliament must play a role also in achieving the socio-economic development of the continent, particularly as detailed in the New Partnership for Africa’s Development.
Chairperson, you would also agree that the House would agree with me that Parliament conducted its business during this period in accordance with the spirit and letter of the Constitution. We have respected our Constitution, we have done everything in our best to pass the laws that are being placed upon us by the Constitution that will transform this country and do whatever possible that we are supposed to do as politicians. The doors of Parliament for the first time have been open for the public to engage with Government, and also to engage with Parliament itself in the way of public participation and also giving their voice, or airing their voice, to the government that represents them if they are not happy about what we are delivering to them.
Parliament is the link between Government and the people. That is why we are encouraging our people to continuously participate in the issues of Parliament and Government. The laws that we are making are the laws that are promoting democracy and must therefore be the laws also that promote development in the country as a whole. Our country has a programme of action regarding the way in which the people are to be governed and Parliament had to look into the Constitution to determine what laws best promote and protect democracy.
Parliament has also been conscious of the regional efforts that promote and protect democracy. Apart from domestic and regional efforts, parliamentarians had to be able to ensure that domestic laws were in line with the international instruments for the protection and promotion of democracy. The political transformation of the institution of Parliament has been accompanied by far-reaching administrative transformation. Parliament went from being a part-time rubber stamp to a full-time vibrant place of work, almost overnight.
To consolidate democracy in a country with a divided and violent past, democratic tradition and an urgent need for social and economic transformation is by no means an easy task. But it is the project that the Constitution demands from the Government and the representative institutions of South Africa. To cite but a few things, we now in our parliaments have women taking part in the decision-making structures, in government structures as well as in political structures. Disabled groups are participating in our Government and Parliament and also in political structures and in many, many other structures that take our democracy forward.
The rural areas, which were neglected as bantustan areas in the apartheid era, have a voice in the development of this country and have a voice also in promoting democracy in this country according to our Constitution. The international world recognises South Africa as one of the best countries. We were never, never in the apartheid era recognised as a country, but now we have a place in the international world. We are an accountable Government. The apartheid era government was not an accountable government. We respond to the needs of the people, we take questions, we talk to our people and we listen to what they have to say. The voice of the poor, as I have already said, in those areas out there, are now being taken care of and they have a chance to talk to us. Our old mothers and fathers, our youth, the ladies, everyone has an opportunity to talk to us in Government. This is how we have promoted democracy in this country. This is how this Parliament has played a role in developmental issues in the country.
In conclusion, we enter the next decade of democracy with no hesitation about the extent to which democracy has taken root in our society. The progress that we have made is due to the intervention of Parliament and provincial legislatures in setting the parameters and direction for transformation in devoted attention to draft legislation and interaction with the citizenry. And I would like to say thank you to the leaders like the late Comrade Sisulu, Comrade Mandela, and O R Tambo who made this democracy a success. It is upon us to see that it proceeds and that we develop this country as we are expected to do by the Constitution.
Mnu L SUKA: Enkosi, Mhlalingaphambili.
Andizi kuba mde, ndiza kuba mfutshane. Ndiza kuzathuza nje kwesi sihloko senu sanamhlanje esimalunga nendima yePalamente ekulweni indlala nasekuphuculeni ubomi bethu.
Okokuqala, masikubulele ngendima oyithathileyo ngokuba uphinde unyulwe yile Ndlu. Oko ibikukubonakalisa intembeko kuwe. SiliPhondo iMpuma Koloni siyakuvuyela oko. Okwesibini ke, asizi kuba ngathi sigxwal’ emswaneni njengoko iqhawe lethu lithe lawa. Sithi kumzi wakwaSisulu akuhlanga lungehliyo. Sikunye nabo kule ntlungu yabo. Utata uSisulu, njengegorha phakathi kwamaninzi e-ANC, ungomnye wabantu abathe baseka isiseko esiluqilima namhlanje, esi sokuba namhlanje sithethe ngesi sihloko, endicinga ukuba uza kunika ingxelo kwabasandulelayo, ooTat’ uTambo; ooqabane uChris Hani nabaninzi, malunga nale ndibano sikuyo namhlanje.
Xa sithetha ngePalamente sithetha ngomlomo wabantu abakwisininzi kweli loMzantsi Afrika, kunjalonje iPalamente kufuneka iziveze ngalo lonke ixesha ebantwini. Yindima yayo leyo. Xa iza kwenza imithetho yeli lizwe kufuneka iye ebantwini, ifumane izimvo zabo ngokunjalo nakumaqela onke, ingakhethanga maqela ezopolitiko odwa kodwa bonke abahlali boMzantsi Afrika. IPalamente kufuneka ijongane nokuba iimali zikaRhulumente ukuba zisebenziseka ngendlela eyiyo na ukuze ikwazi ukuphendula xa kufanelekile. Le Palamente sikuyo namhlanje ibhentsise into yokuba nabanina onikwe isikhundla kwezopolitiko akwazi ukuziveza, aze kuphendula imibuzo. Loo nto ke yenziwa leli setyana kuthiwa yiKomiti yePalamente. Maxa wambi bathi yiPortfolio Committee, yiSelect Committee okanye iStanding Committee. Yindima ke yezo Komiti ukujongana nento yokuba uRhulumente uyazenza yaye uyazifezekisa iimfuno zabantu ezithe zabekwa kulaa Mthetho ubizwa ngokuba nguMgaqo-siseko.
Phaya kuMgaqo-siseko isihloko sesibini sithetha ngamalungelo. Amalungelo abantu ke amele ukuze akhuselwe yiNdlu yoWiso-Mthetho. Ukuba iNdlu yoWiso- Mthetho ayijongani nesiya sahluko sesibini kuMgaqo-siseko, loo nto iya kuthetha ukuba ayifezekanga enye yezinto esimelwe kukuzenza ngokwale Palamente sinayo.
Okulandelayo, le Palamente yethu inoxanduva lokuthatha amalungu ePalamente la sinawo iwathumele kumanye amazwe ukwenzela ukuba la malungu akwazi ukufunda izinto ezenziwayo kwezinye iipalamente ze abuye nobo buchwepheshe abufundileyo aze kuxelenga apha phakathi kwethu ukwenzela ukuba sandise ulwazi lwethu kuba kaloku uMzantsi Afrika lo awuphili kwilizwe wodwa koko uphila phakathi kwamazwe ngamazwe adale ukuba kubekho iinguqu namhlanje kweli lizwe. Ndiyithanda ngento enye ke iPalamente yethu, loo nto ikukuba le Ndlu iyisondeze ebantwini ngoomabonakude nangoonomathotholo, nto leyo eyayingekho kooRhulumente bangaphambili. Siyambulela uRhulumente ngokwenza loo nto kuba thina phaya emaphandleni asikwazi ukufikelela apha ngobuninzi bethu kodwa ngenxa yokuba nicaphule kulaa ntetho ithi, ‘Ukuba ngaba intaba akukwazi ukufikelela kuyo, yona mayize kuwe’. Nina nenze loo nto apha namhlanje. Ndifuna ukuyibulela kwale Ndlu sikuyo apha nesakuba yeyeengwevu; leNdlu yamaphondo osithoba. Isiqalo enithe nasenza andiqondi ukuba sakhe senzeka kwimbali yeli lizwe. Ukumana nijikeleza kula maphondo nisisa le Palamente ebantwini kuloo maphondo. Ewe, izolo oku siyazi ukuba benikweliya laseTranskei apho benimamele khona izimvo zabantu. Yindima yenu ke leyo yaye siyanincoma ngelo galelo. Ningadinwa nangomso.
Kanti ke ikwakhona nendawana ethi apha ePalamente kumele ukuba kubekho igunjana okanye iofisana eza kwamkela izikhalazo zabahlali okanye zabemi beli ukwenzela ukuba amalungu ePalamente azihluze ezo zinto ukuze niphendule kwezo zikhalazo okanye zincomo nithe nazithunyelwa. Loo nto iya kwenza ukuba iPalamente yamkeleke ngalo lonke ixesha ebantwini. Into yokuba oomama babe khona ePalamente siyayazi ukuba yenziwe yimibutho yezopolitiko ukuze le ingabi yiNdlu yamadoda esabuhlanti odwa. Kambe sicela ukuba namanye amaqela ezopolitiko ayenze le nto, angayithethi nje apha. Phaya kuthi ePhondweni sinawo amaqela angenabo oomama. Sithi ke mayenzeke kuba indima yePalamente kukujonga ukuba oomama mababe khona ngalo lonke ixesha kwezopolitiko, ekuphuculeni ubomi babo nasekuguquleni imithetho yeli lizwe. Singabashiyanga ngasemva nabakhubazekileyo. Utat’ uMahlangu uhlomle ngaloo mba ngoko ke andizi kuyiphinda. Naleyo ke siyayincoma kule mihla sikuyo kuba yayizizinto ezazingekho ngaphambili. (Translation of isiXhosa paragraphs follows.)
[Mr L SUKA: Thank you, Chairperson.
I will not be long; I will be very brief. I am going to comment on today’s topic that is about the role of Parliament in fighting poverty and improving our lives.
Firstly, we should commend your role in this House, which necessitated your re-election. That was a way of showing our confidence in you. We, as the Eastern Cape Province are happy for that. Secondly, we will not bore you with our lamentations as one of our heroes has passed away. We would like to express our sincere condolences to the Sisulu family. We share their pain. Mr Sisulu, as a hero amongst many of the ANC, is one of the people that founded a solid foundation today, which made it possible for us today to talk about what we are talking about, hoping that he will give a report to those who left before him, the likes of Mr Tambo, comrade Chris Hani and many others, about this gathering today.
When we talk about Parliament, we talk about the mouthpiece of the majority of South Africa, and Parliament should seek to avail itself to people all the time. When it is going to pass laws, it must seek people’s views as well as those of different organisations, not only political organisations but also all the citizens of the country. Parliament should manage public funds in an appropriate manner so that it can account when the time comes. This Parliament that we are in today has informed us that everyone that has been in a political position should declare that so that he or she can answer some questions. The Parliamentary Committee conducts that. Sometimes it is called the portfolio committee, the select committee or even the standing committee. It is the function of those committees to look at whether the Government meets the needs of people that are tabled in the Constitution.
In the Constitution, clause 2 talks about rights. The National Assembly therefore should protect people’s rights. If the National Assembly does not consider Chapter 2 of the Constitution, that would mean that what we have a responsibility to do, which we did not do.
Further to that, this Parliament has a responsibility to send some members to other countries so that these members can learn how other parliaments conduct their business. They then come back with the knowledge and impart it to us so that we could increase our own knowledge because we should remember that South Africa does not exist in a vacuum, but it has to interact with various other countries that effect changes in this country. I like one thing about our Parliament and that is that it has been brought closer to people who now can see and hear the proceedings through television and radio, something that never existed during the previous government. We commend the Government for that responsible move so that we, people living in rural areas, can be able to access information and even be present here in our majority. You probably took the saying that goes, ``If you cannot reach the mountain, the mountain must come to you’’. You have done that. I would like to commend this House, which used to be called the senate, the House of the nine provinces. You have certainly set a precedent that was never thought of in the history of this country. Visitation to provinces on a rotational basis trying to bring this Parliament closer to people is a commendable exercise. Indeed, just yesterday you were in the former Transkei are where there were public hearings. That is your role and you are doing it successfully. Thank you very much.
There is a suggestion also that there should be an office that receives public complaints so that Members of Parliament would look into them and respond accordingly, or hear what they are praising us about. That will make Parliament to be always welcome to people. Women’s participation in Parliament is a hot issue that political organisations are pushing for so that this House can be equally represented by both men and women. However, we would like to challenge other political organisations to do likewise. In our Province we have organisations that cannot boast of women membership. We are asking for that because one of the roles of Parliament is to see to it that women are involved as much in politics, in improving lives of people and in changing laws of this country. We could never forget the disabled persons. Hon Mahlangu talked much about that particular issue therefore I will not repeat it. We commend that as well nowadays as such issues were never mentioned before.]
I would like to conclude by saying that the role of Parliament is pivotal. We cannot undermine it, especially when it comes to the question of oversight. You know, this issue of oversight is a very critical role that needs to be played by all public representatives especially the committees because if committees do not hold the Government or the executive accountable, then definitely we will be failing our mandate to being here. Sometimes it is very disturbing to find that a committee has done its oversight function, but two days later you get in the press that there is a scam in the very same committee that you are serving on in relation to a certain department. So we are saying that the oversight is very important and critical in our democracy.
To advance our development, especially in the rural communities, we also want to say it is a huge challenge. Yes, Parliament has made a start by making our executive members accountable. I believe that today, each and every council or district municipality has seen an improvement. There is delivery through the role of Parliament to make those public representatives, who are occupying critical strategic positions, deliver to our people.
Sithi ke nangomso ningadinwa. Luselude uhambo. Enkosi. [We say, thank you. The road is still very long ahead of us. Thank you.]
Mrs B N SONO: Thank you, Chairperson. Do I have your protection?
The CHAIRPERSON OF THE NCOP: It is not required in this House. [Laughter.]
Mrs N B SONO: Chairperson, I would like to align myself largely with what the last speaker has alluded to. On the freedom front more gains have been made because of the role of Parliament. For instance, we now have freedom of expression and we are part of the law-making process, which we were not. We have freedom of movement; we are no longer subject to harassment. We are even able to stay in areas where we were not previously allowed to stay. The rural people have access to basic services, for instance, electricity and there have been measurable gains made in housing.
The role of Parliament, in my humble opinion, will be decisive monitoring and improving institutional capacity to implement the variety of laws to maximise impact on the lives of the people. For instance, in the area of electricity, there are rural areas which have been electrified, but the layout of rural electrification gives a problem in the sense that one would find that, in areas where electricity as a service could have been used to advance the economic prowess of the people, it is not available. So I think the role of Parliament is to see to it that implementation takes place. The laws that we pass here must be implemented to impact on the lives of the people. This becomes a paramount role that we can play, also in holding the executive to account. In the area of development, we as Parliament make laws and set deadlines without the capacity to process implementation and that makes nothing but a mockery of the developmental plight of the needy. There are many state enterprises which are set up with little planning or projection of costs. The plethora of state intervention in the economy have brought in their wake two interrelated problems, that is ineptitude and corruption.
At a portfolio committee meeting I asked, at some stage in the year 2000, when the incumbent Director-General of the Department of Trade and Industry was being introduced, if we have an economic strategy. After five years of democracy he said no, we did not have one. He said he was tasked with implementing and developing an economic strategy. Even in yesterday’s Sowetan the Deputy Minister of Trade and Industry alluded to the very problem of the national economic strategy, especially pertaining to small business development. I quote her, where she says: ``This Government’s strategy for small business development is fraud’’, which is true. In front of us there will be some amendments to the National Small Business Act which we need to make. We need to see how we could maximise the Government’s intervention. Our role as Parliament, once again in my humble opinion, would be to see to it that the executive is held accountable, because at the end of the day, from 2001 to now, R20 billion was made just in black empowerment initiatives. However, right now the majority of our people have not been economically empowered.
In the area of democracy, this Government has carefully crafted Bills of human rights, has signed the United Nations Declaration of Human Rights as well as the African Charter on Human Rights, donored by the OAU. But one finds in respect of a lot of instances, especially in the rural areas, that the impact of intergovernmental intervention, especially to cater for women, has not been maximised. And it is worth noting that nine years into democracy in this country, all has been elite-managed and controlled. Although civil participation is encouraged through public hearings, their input usually accounts for nothing. The TRC saga is one case in point. The TRC found victims in search of promised services returned to the President Fund empty-handed. The TRC could not get statistics from the provincial administrators to indicate how many victims have been assisted with health, welfare or housing. I could even quote the Minister of Welfare, who said in response: ``We know the Public Service does not work.’’ The Minister of Welfare said so himself.
What has been the role of Parliament? In my humble opinion, Parliament has the last word on reparations. In fact, I am very pleased that hon Surty mentioned something like a committee being made up of parliamentarians to look into the question of reparations. I would also really urge my comrades here in the ANC to really, as and when, as parliamentarians, we look into the question of reparations that at the end of the day we try and avoid unintended consequences by our actions. I Thank you.
Mr M C MOKITLANE: Deputy Chairperson, may I also take the opportunity from the Free State to congratulate Mrs Naledi Pandor on her re-election to the position of the Chairperson of the NCOP.
I have difficulty in understanding the logic of the DA. I do not know what else we need to say to awake them from this 40-year sleep which they have embarked upon. [Laughter.] I think that the only people who can bring this reality to their attention are the masses of our people there in our own villages, towns and townships who day after day applaud the achievements which have been reached since the ushering in of the democratic dispensation in 1994.
I cannot understand because the hon member also talks about the Minister of Trade and Industry and in the same breath she talks about `she’. I cannot understand really what she is trying to say when the hon member mentions that we do not have an SMME strategy when that was just unfolded recently.
May I continue to say that the litmus test of Parliament in promoting freedom, equality and development is not to be found in the laws and the constitutional provisions. We design, but rather in the actual realisation of meaningfulness in the lives of the ordinary people.
We are people coming from a background of laws that were antithetical to freedom, equality and development. Designing enabling laws and having a Constitution which central theme is the protection of human rights was a logical imperative to set the stage for ushering in a better life for all. During the nine years of democracy, Parliament has indeed set about to systematically revoke any piece of legislation that inhibited freedom, democracy and development in our country and establish in their place legislation and administrative institutions that will ensure that we deliver basic services to the millions of our people who throughout their lives fought for a better life.
As Parliament, constituted of public representatives, we needed, together with our people, to identify those basic amenities which when addressed by Government will signal a period of development, equality and freedom. We needed to make electricity available to those who never had it. Those who now have the opportunity to access it are able to develop their reading and writing skills to equip themselves to tackle the challenges in our country brought about by our social and economic evolution.
We needed to bring water, sanitation, housing, telecommunication, health facilities, free education, and infrastructure in general as necessary for the development of our country. We did this as Parliament as we voted year after year for the budgets of the government departments and in the process exercised oversight over the spending on programmes by departments and ensured accountability through the committees of Parliament.
The fiscal and monetary policies, which were adopted by Parliament wherein public representatives made substantial inputs, have ensured that we have the stability necessary to reach the comfort threshold of both domestic and foreign investors, to begin to have confidence to move from indirect to direct investment. Slowly we are beginning to see this investment reducing the army of the unemployed and eroding alienation which our people were beginning to experience as a result of joblessness.
We have through our tax laws ensured the better collection of revenue, the result of which is a radical reduction in our debt as a country, more funds to deliver basic services to our people and a reduction in personal tax. The disposable income, which is a product of that, in the hands of our people has had an effect of more savings, increased demands for goods and services and increased investments.
Our capacity derives from legislation and the institutions that we have created to fight all forms of crime, for example violent, white collar and domestic violent crimes, have created an unprecedented climate of stability which has made our country not only favourable for investment but the tourist destination with the highest growth rate in the world. A year ago, we were the only country in the world which had a quantum leap growth of 21%. Our nine years of democracy has inspired the world. It has made it possible that within the framework of Nepad we are able to intervene in countries like Burundi, the DRC and many others to further widen prospects of our own freedom and development.
Our adoption as Parliament of international protocols and participation in international bodies has given leverage to our efforts as a country to open domestic markets in Africa and international markets to supply domestically produced goods and services thus giving impetus to the growth of our economy.
The widening and deepening of our democracy need us to do more than I have said. I believe that as a people who have participated in the great movement to bring about democracy, peace and justice, there is in no way in which we will be lulled to sleep by some of the achievements we have registered based on the process of a Parliament which we engaged in.
We still need as Parliament to ensure that the spending patterns in the budgets of departments navigate further in their bias towards the poor, the rural and workers of this country. We still need to ensure that we move further in our affirmation of the previously disadvantaged, the poor and women. We still need to further ensure manpower planning and skills development to ensure our country’s competitiveness with the international world. We still need to ensure as committees of Parliament that government departments reach their targets as contained in their planning and budgets.
The greatest task still facing us is also forging unity in diversity to enable our people to experience freedom from all forms of discrimination and to attain a common nationhood. The TRC has laid the foundation and ours is to further enhance this freedom through our day-to-day interactions.
As a province we have taken part to ensure that we make an input in the debate which is unfolding in our country. We have steadfastly worked for the development of the province and delivered in terms of the delivery objectives we have set ourselves.
We know that we have a hard and long road ahead of us, but whilst we look at the summits of the distant mountains that we should still climb, we should be encouraged by the commitment of our people for the broadening of the theatre of democracy and our determination should be raised when we look back at the lofty peaks we have conquered as Parliament and as a people. [Applause.]
Mrs E N LUBIDLA: Deputy Chair, many South Africans might argue today that what significance does it hold in debating the nine years of democracy. Let me respond by quoting from an article in the Republican News in Ireland on 27 February 2003. The title read as follows, and I quote: ``Challenges remain for the new South Africa”:
The enormity of the task facing the Government is far greater than many of us can imagine and the progress made to date cannot be scoffed at. These are the views of Eoin O’Brion.
Based on his assessment, I would like to give my overview and assessment on our achievements and the challenges that remain in a young democracy that is less than a decade old. This Government led by the ANC has since the victory of democracy in 1994, made reasonable and steady progress in addressing the apartheid legacy of inequality and poverty. This enormous challenge would not have been easily achieved and transformed had it not been for the tremendous work done by the ANC in 1955, by drafting the Freedom Charter, which today serves as the foundation of this country’s strategy in achieving the ultimate goal in addressing the spotlight of the poorest of the poor.
When the people of South Africa in their masses united in 1994, they gave this Government, under the leadership of the ANC, the mandate to ensure that the following aspects, in terms of the Freedom Charter, be realised: Firstly, all national groups shall have equal rights; secondly, the land shall be shared amongst those who work on it; thirdly, the people shall share in the country’s wealth; fourthly, there shall be work and security and lastly, there shall be houses, security and comfort.
Today we salute remarkable leaders, amongst others, like Oliver Tambo, Govan Mbeki and Walter Sisulu for their endless contributions, sacrifices and value they have put to the realising of these noble objectives entrenched in the Freedom Charter. Long live the spirit of these remarkable leaders.
When we reflect on the first five years, which I want to refer to as the receptive period, a period of unification, reconciliation, amending and strategic planning, and the period during which the eyes of the world was focused on a liberation force to prove whether they can conquer the challenges that a young democracy holds. Indeed, under the leadership of an outstanding leader like Mr Nelson Mandela, the Government could lay a solid foundation in realising change. It was during this period that we could ensure that concrete programmes could be developed and implemented to ensure the expanding of service delivery and eradicating the socio-economic disparities within the South African society, to sustain economic growth in a volatile global setting. We further worked as a united force in ensuring that millions of our people have gained access to services of which they were deprived prior to 1994.
Allow me to concentrate on some of the key areas, which contributed over the past nine years to the eradication of poverty and addressing the plight of the poorest of the poor. When the ANC-led Government came to power, the majority of our citizens were deprived of decent houses. We have made tremendous inroads in terms of this major task. Our first objective as a Government, was to develop and adopt this country’s first housing strategy in December 1994. Since then housing has undergone fundamental change. Today, we can proudly report that more than a million housing opportunities have been created, providing more than five million people with security and safe homes. Not withholding the fact that resource constraints and changing demographics necessitate more rigorous focus on quality, rather than quantity-driven delivery.
In 2000, a new housing strategy was adopted, which focus was shifted from the 1994 strategy in terms of quantity, to quality to ensure equitable access to housing opportunities for poor and previously disadvantaged persons. Hence the formulation of people’s housing projects and the review of the National Housing Subsidy Programme. Housing is now part of the integrated development planning.
Let me concentrate for a moment on a few statistics in terms of housing delivery. Being reminded of the huge backlog that existed due to our apartheid legacy, between 1994 and 2000 more than 1 129 612 houses had been delivered or were under construction, while 1 323 205 subsidies were allocated. Of these subsidies allocated since 1994, 5015 560 were allocated to female-headed households. By 2001, this Government had spent more than R14 billion to deliver a total of 1 167 435 houses and 1 351 260 in 15 areas in all nine provinces in a human settlement programme. Based on an integrated development plan of this country, let us not lose sight of the fact that with the access to safe housing, we have also provided these citizens with free basic services, access to primary health care facilities, access to electricity, water and sanitation.
By highlighting our achievements, we do not say that we have reached our objectives completely. Major challenges still remain. However, as we continue through voluntarism, we will ensure that the people continue to act as the builders of their own future. The conditions and climate have been nurtured and are constant items on our agenda. We will continue to succeed if we identify the numbers of the elderly, children and people with disabilities who are entitled to social grants to assist them in gaining access to these.
We also need to pay specific attention to the close relationship between extreme poverty and particularly crime. This is based on the increase in violence against women and children, that we ensure that the campaign of safety and security be highlighted in the global context of our programme for reconstruction and development.
The effects of HIV/Aids is on the increase daily. It is and will remain our duty as responsible citizens of our young democracy, to spread the message of support, abstaining, faithfulness, protection and general alert in terms of prevention and openness. It would stay the collective responsibility and not only a responsibility of the Government of the day. [Time expired.] [Applause.]
Mr K D S DURR: Mr Chairman, I listened to my colleagues with great appreciation and understanding and agree with so much of what they say. But as a South African I am sometimes disappointed at the lack of recognition given by our colleagues to the massive contribution of people like Mr De Klerk at the time, who made it possible.
In our country we could not have achieved what we achieved on our own. One of the great things about South Africa, one of the great things about our future, is that we did so much together that we found each other, that we ennobled ourselves, that we rose above our own divisiveness and our own poor background, that we ennobled our country, that we elevated ourselves, that we rose above our weakness. Great people like Mr Mandela, Mr Sisulu and others and people like Mr De Klerk - if we do not honour those people, we dishonour ourselves. We do not increase that which we have achieved, we diminish what we have achieved. We elevate ourselves and our society if we recognise what those people have done. I say that with great humility to my colleagues, Chairman.
Parliament is the custodian, along with the Constitutional Court, of our constitutional rights and we are the curator of our Statute Book - the laws which govern our land. The rights, conventions and freedoms we enjoy have been fought hard for and have been passed down to us over a very long period and have become the inclusive property of all our citizens over the past nine years in a peaceful transition.
It is here in Parliament that Government and society must give account of themselves through their political parties and where we can be called to account. If we were in a European company, in Public company terms we would be the supervisory board, the Cabinet would be the executive board, our citizens the stakeholders and we need to manage the country in their interests. They are also the voters and the ultimate arbitrators as to who should act as custodians in our Parliament of the national interest and their interests.
It is vital that our actions in Parliament should benefit these stakeholders and that they should see long-term growth and the fulfilment of their reasonable aspirations on a sustainable basis, and that Parliament should balance the competing interests of society and the long-term interest of our country and all its people.
I can just say that what made me proud today in this Parliament was when I heard that it was a combined effort from the ANC and the New NP that they have returned honourable colleagues like Mr Matthee and Mr Adams … [Interjections.] No, honestly, it is an enormous sign of the maturity of our society. It need not have been, but it was and it is a sign of the growing maturity of this Parliament. It is a sign of strength and I was really most impressed. Because apart from the fact that we did not want to lose such eminent members, it was a sign of maturity and greatness on the part of the ANC and I really appreciate it.
Today, as with international business, few, if any international governments can escape the consequences of governing badly. The state of the nation is the litmus test of the effectiveness of Parliament. There is a direct linkage between good government and the rising standards of life. Good government and good parliamentary institutions functioning effectively and fairly on a nonintrusive basis in society are the hallmark of successful countries. Corruption and deviant behaviour are illnesses in the body politic that hinder and even ultimately waste a society, as we have seen so often worldwide and on our continent.
Governments and parliaments cannot hide anymore, because with the click of a mouse almost all is revealed instantly and worldwide to the trained observer and consumer and there is no place to hide. When one governs well, the markets reward one; when one governs badly the markets cane one. There is no escape.
The world will invest in a country only if they trust its government and its institutions. The greater the trust, the bigger will be the long-term investment. [Time expired.]
Mr P A MATTHEE: Chairperson, each and every one of us as representatives of the people of the provinces of South Africa must do our best to heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights. We must do our best to promote a democratic and open society in which government is based on the will of the people and every citizen is equally protected by law. We must do our best to improve the quality of life of all our citizens and free the potential of each and every South African. We must do our best to build a united and democratic South Africa able to take its rightful place as a sovereign state in the family of nations.
It is expected from each and every one of us in the preamble to our Constitution and this must be the aim and the goal of any development in South Africa. This is not only a distinct vision or theoretical vision. This is the test that we as parliamentarians must submit ourselves, this House and our parties to, so as to establish whether or not we are effectively promoting real development in South Africa as envisaged in our Constitution or whether some of us are not actually working against such development.
Voorsitter, wanneer ons terugkyk oor nege jaar van demokrasie en spesifiek waar ons op daardie tydstip was, nie net as Parlement nie maar ook as ‘n nasie, dan kan ons terselfdertyd met nederigheid trots en dankbaar wees oor wat ons reeds bereik het. Ten spyte van skeptici in die buiteland en hier te lande, wat ‘n klaaglike mislukking voorspel het, en steeds voortgaan om dit te doen, het ons daarin geslaag om ons demokratiese bestel te konsolideer en ‘n kultuur van menseregte te vestig wat die karakter geword het van ons sisteem van regering en ons hele gemeenskap. Ons word bemoedig deur die voortuitgang wat daar reeds gemaak is ten opsigte van die uitwissing van armoede en ontwikkeling en die ras-, geslag- en geografiese wanbalanse van die verlede. (Translation of Afrikaans paragraph follows.)
[Chairperson, when we look back on nine years of democracy and specifically where we were at that point in time, not only as Parliament, but also as a nation, then we can at the same time be proud and humbly thankful for what we have already achieved. In spite of sceptics abroad and in this country, who predicted a dismal failure and still continue to do so, we have managed to consolidate our democratic dispensation and to establish a culture of human rights that became the character of our system of government and our whole community. We are heartened by the progress that has already been made with regard to the eradication of poverty, development and the racial, gender and geographical imbalances of the past.]
We just have to look at Chapter 3 of our latest Yearbook for 2002-03 in which an overview is given of the enormous progress that has already been made. I will just mention one, namely the Community Water Supply Programme, which by April 2002 had brought access to clean water to over 7 million mainly rural people who previously had no access. At the current rate of spending the infrastructure backlog for basic water supply will be wiped out by 2008 and sanitation by 2010, thereby matching the UN Millennium Declaration target of reducing the proportion of the world’s population without access to water and sanitation by 50% by 2015.
The pace of delivery of this programme was internationally recognised when this programme was chosen as the best programme at the Globe Awards for sustainable development in water. Like other developing countries we are, however, still faced with huge social obstacles and economic challenges. The unacceptably high crime levels, an unemployment rate of around 40%, HIV/Aids, TB and malaria infection levels threaten to swamp our health resources and the terrible poverty among so many of our people.
To achieve the vision as set out in the Constitution and to enable us to effectively address the enormous challenges of our country, we do not at this stage in our lives in this country need a more aggressive and confrontational political opposition. What we need is MPs and parties committed to the building of a better and a more effective government focused on delivery, who will present their perspectives, criticisms and solutions in a constructive and positive manner in the political centre and in such a way that it includes and unites every South African community in our shared South African patriotism.
The rationale behind our House is on the one hand to ensure that national legislation or policy responds to provincial interests, and on the other hand, to ensure that provinces are integrated into the national legislative process and that proper delivery does in fact take place at provincial and local levels. The proper and effective utilisation of the oversight role of the NCOP is essential for the improvement of delivery to our people. There is the wrong impression among some sections of the public that oversight is, in the first place, a function of the opposition. We must at all times demonstrate to the public that this is a fallacy.
The NCOP is a functioning partnership among the three spheres of Government, namely national, provincial and local which has a tremendous task to ensure that there is proper delivery to our people. When we look at the challenges ahead of us, I also want to refer members to two lines in our Constitution. In the preamble, which we often overlook, we see the goals and visions set out for us; after that - and this is so often ignored
- it says: We also pray that God may protect our people. And this is the only place where it stands like this in all the languages and it also says: God bless South Africa.
Voorsitter, ek wil ook van hierdie geleentheid gebruik maak om almal te bedank, beide in my party en in die ANC waarna die agb Durr verwys het, wat dit moontlik gemaak het vir my en my kollega van die Wes-Kaap, Freddie Adams, om terug te keer na hierdie Huis, om steeds te probeer om dié rol te vervul wat ons Grondwet so duidelik vir ons uitspel. Ek wil die onderneming in my persoonlike hoedanigheid gee, nie aan enige persoon of enige party nie, maar aan my volksgenote en in getrouheid ook aan hierdie Grondwet, dat ek te alle tye sal poog om die visie wat hierin uitgespel word, na te streef met al die krag tot my beskikking. [Applous.] (Translation of Afrikaans paragraph follows.)
[Chairperson, I also want to take this opportunity to thank everyone, in my party as well as in the ANC to which the hon Durr referred, who made it possible for my colleague and I from the Western Cape Freddie Adams to return to this House to keep trying to play this role that our Constitution outlines so clearly for us. I want to give the assurance in my own capacity, not to any person or any party, but to my compatriots and also with loyalty to this Constitution, that I will at all times endeavour to follow the vision that has been outlined herein with all the strength I have at my disposal. [Applause.]]
Nksz N C PHENDUKA (Ntshona Koloni): Sekela Sihlalo, mandizeke mzekweni kwabathe bathetha ngaphambili. Mandiqale ndithabathe eli thuba ndithi ‘‘Halala’’ kuSihlalo weBhunga leSizwe lamaPhondo ngokuthi uMzantsi Afrika umbone esakulungele ukukhokela le Ndlu. Anga angahlala ebambelele kwizifungo zakhe zokwakha nokukhokela le Ndlu ngokungena mkhethe, asoloko esenjenjalo ukuba lithandazwe. (Translation of isiXhosa paragraph follows.)
[Ms N C PHENDUKA (Western Cape): Deputy Chair, let me follow suit, like others who spoke before me. Let me first take this opportunity to congratulate the Chairperson of the NCOP for having been found, by South Africans, to be still suitable to lead this House. May she hold on to her pledge to build and lead this House with impartiality, may she continue to be a patriot.] As we begin the last month of the first decade of freedom we need to remind ourselves that our strategic goal is still the transformation of society and reconstruction and development of our country. The historic day, 27 April 1994, was in some respect a new era to usher us to a more complex development scenario.
The new Constitution guarantees equal rights to all South Africans, including those who benefited from the governing structures of apartheid. We have witnessed the rapid change that has taken place in South Africa, such as parliamentary and presidential elections, a process that gave a chance to the people of South Africa to vote. It gave rise to a new, nonsexist, nonracial and democratic Constitution which recognised the rights of people in the community to determine their own future.
It is also committed to organisational and individual development and working in partnerships. This Government has a partnership with civil society. Development agencies are part of the Government. It seeks to address the legacy of the past, particularly poverty, and decreasing the gap between the rich and the poor in South Africa.
Black economic empowerment is meant to correct social imbalances and create jobs within the context of fiscal and monetary discipline. These and the consolidation of democratic processes remain the main aim of this Government’s economic policies.
Kule minyaka ilithoba idlulileyo zininzi iinguqu ezenziwe buburhulumente ukuhlangabezana neengxaki zabantu abahluphekileyo: Kunyuswe iimali zendodla zabadala, ezabantwana abakhubazekileyo nezabantwana abagcinwe emakhaya ngeenxa yeemeko ezahlukeneyo. Ngokunjalo, kuye kwanikwa amalungelo amakhosikazi ebekade engenalizwi kwimithetho yeli lizwe. (Translation of isiXhosa paragraph follows.)
[There are many changes that have been brought about by the Government in the past nine years to address the problems of the poor: Welfare grants have been increased, and that of disabled children as well as that of children living with foster parents. In the same manner women, who all along had no voice in the making of the laws of this country, were also given rights.]
We have a Government that is accountable to all the people of South Africa, is efficient and has done a fair amount of work for the citizens. We have witnessed the establishment of many institutions, such as the Human Rights Commission, the Truth and Reconciliation Commission, as well as the passing of laws that bring about stability in people’s lives in the labour market and the public service, including skills development, such as the Equity Act. All these set up appropriate measures to address the disadvantaged position of black people, particularly women in the workplace.
The enormous disparities that have been existing between black and white, rich and poor, will not be removed by the miracle of a new South Africa, and neither will the relationship between black and white citizens be improved by such. We know that our rainbow nation is not quite as shiny as we might want it to be. There are still pockets of racism in many provinces. We all need to work towards eradicating racism in our country.
There are challenges that do not face the President or Ministers only, as many would believe. We must all work to meet each other halfway and at last march on the same line. We need to intensify our communication with the public and encourage more participation by the civil society in deepening democracy.
Lastly, I want to dedicate this day to the heroes of South Africa and the people that have contributed to what we are today and to what the country is today, that is Comrade Mandela, Comrade Sisulu and the colleagues that have been working in this country.
We want to dedicate this day to the President of this country who has been in and out of this country setting the pace not only for South Africa, but also for Africa, in a very meaningful way, for building this lovely country. Left and right, those who think that this country is not going to make it and succeed in future are actually shooting themselves down. We hope that this country, at the end of the decade, will achieve everything and that everybody will live in harmony and in prosperity. I thank you, Chairperson. [Applause.]
Mr T B TAABE: Chairperson, I must take this opportunity and echo the words of hon Mr Durr - I see that he has just left - when he spoke about the kind of arrangements we ourselves have made as a movement of our people in terms of ensuring that indeed we are able to retain members of the New NP owing to the kind of changes which were occasioned by the floor-crossing legislation. That does in fact bear a cogent testimony to the high levels of political maturity on the part of this glorious movement of our people, the ANC. I felt that I needed to echo the words of the hon Mr Durr. I want to say that indeed this is a correct path that we have chosen as the ANC in pursuit of our strategic objective of building one nation and building one country and to ensure that indeed, there is thoroughgoing transformation of our society at all its levels.
But I will be failing this very glorious movement of our people if I did not consciously and deliberately respond to the kind of untruths and distortions by the hon member Sono from the DA when she made the following remarks. Of course, one is that she alludes to the fact that indeed as the ANC, who gave them the freedom to speak in the manner in which they are speaking this afternoon, we gave the majority of our people in this country access to basic services. These are achievements that are out there for all to see. But she goes further, albeit in a very naive sense, and makes the point that South Africa is where it is today precisely because - I do not know where she got this from - we do not have a national economic strategy, which in my view is nothing but sheer political myopia of the worst kind. [Laughter.] I say this with all due respect, because she is the same age as my late mother, and I do not want to take her reputation.
The basis of these untruths she has said in this Chamber to the cleaners. I would not do that myself, for the ANC is far too decent to stoop to the level of the political gutter, in the manner that she has stooped in this Chamber this afternoon.
The one salient point that I want to make in this Chamber this afternoon is that, as the ANC, part of our broad macro-economic strategy reaffirms the kind of macroeconomic reforms we need in this country that are designated to further sparing our economy to a level where we can achieve our broad social and economic objectives. The creation and strengthening of a vibrant SMME sector are part of these macroeconomic reforms. What is the hon Sono talking about? Because, if anything, if the truth be told, this is clearly what I would call utter hogwash. I must admit … [Laughter] [Interjections] … it is actually errant twaddle. It is sheer balderdash of the worst kind. Some of these hon members, honestly, have created some kind of special political island for themselves. As cadres of the ANC who are free, who are available to dish out free economic lessons … [Interjections] … not on macroeconomics, on microeconomics … [Interjections.] Ordinary South Africans …
The DEPUTY CHAIRPERSON OF THE NCOP: Order! Please, hon members on the floor, I do not expect a second meeting there.
Mr T B TAABE: Hon Chairperson, ordinary South Africans, the majority of whom were oppressed for many decades by draconian apartheid legislation and on whose behalf I speak as a cadre of the glorious army of our people, the ANC this afternoon, would confirm that when they voted for us on 27 April 1994, for our freedom to be complete we needed to act together fully to transform our country to a nonracial, nonsexist, democratic and prosperous nation and that they would continue to be part of the ongoing struggle for total change.
Equally, as the ANC we pledged that we would use all institutions at our disposal, including this Parliament, necessarily and principally to engage in a struggle for total transformation. Our people ought to be saluted this afternoon, because nine years into our democracy, even when at times challenges relating to the legacy of the past seem to delay our march to a better tomorrow, they steadfastly refused to be lied to and discouraged hon Sono because, however rough and bumpy the road will be, their eyes and minds are firmly fixed on the destination we defined together. [Applause.]
This is understood up to this very date, for this destination was defined when our people, through their movement, the ANC, met in Kliptown, Johannesburg, in 1955, and concluded the Freedom Charter with the following words:
These freedoms we will fight for side by side, throughout our lives until we have won our liberty.
In the course of our struggle we emerged as the ANC, the liberation movement that waged a bitter and resolute struggle against the morally repugnant and evil system of apartheid. Our people continue to give us the mandate to lead the new democratic system and to reconstruct, develop and transform the country and further to transform and create a vibrant political and economic system, thereby bringing about improvement in the lives of millions of our people across the length and breadth of our country.
This is the mandate we will carry resolutely and with sheer determination. What practically was done we did ourselves as the movement of our people to realise these objectives. I think that is the question we should be posing this afternoon. But it is equally disheartening to hear one of these leaders in this country, leading their usual double-faced and double- tongued Micky Mouse flock, some of whom are represented in this Parliament, make a bold, albeit myopic assertion in Parliament that the South African reality is that for millions of our fellow citizens life is no better now than it was in 1994. And that for many people, in spite of their political freedom, life is actually … worse. [Time expired.] [Applause.]]
Mrs J N VILAKAZI: Sihlalo ohloniphekileyo [Hon Chairperson], it is indeed a great honour and privilege for me to be afforded the opportunity to address the House on this topic. We have many things for which we need to be grateful in the new democratic dispensation in South Africa. The transition from apartheid to democracy has been internationally celebrated as a political miracle, and the country’s truth and reconciliation process has been wide …
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Sorry, mama Vilakazi, there is a member who wants to make a point of order. What is your point of order, Mr Raju?
Mr N M RAJU: The point of order, Hon Chair, is whether it is parliamentary to be reading a newspaper while a colleague of mine is addressing the House.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Please continue, mama Vilakazi.
Mrs J N VILAKAZI: South Africa has not been without its own share of problems. Oh, I am sorry, I have been disturbed. Postapartheid South Africa has not been without its own share of problems. No turnaround could be expected within just nine years. The new Government inherited a shattered economy, unemployment and social dislocation with its attendant problems, such as drug abuse, gangsterism and widespread poverty. The major challenge facing us at this juncture in the history of our new democracy is that of securing economic justice for the vast majority of our people who are living in poverty. Despite nine years of democratic rule, there are still vast inequalities of wealth in our country.
On the other hand, the most vulnerable of our society, in particular children, older persons, people with disabilities and people infected with and affected by HIV/Aids and other diseases, are more than ever before. The Government has, over the years, intensified its responses to reducing the pain and ongoing suffering of our people, especially older persons and people with disabilities during the processing and payment of grants.
I would like to say that progress has been made in the poverty relief programme. It is one of the programmes that places the poor themselves at the centre of development, whilst attempting to increase their asset base. This takes place in the context in which the majority of projects are located in rural areas, in which there are high levels of illiteracy and malnutrition, and in which access to services is severely inadequate. The challenges confronting the projects themselves may require greater flexibility in our financing and development policies.
Sihlalo ohloniphekileyo neNdlu yonke, kule minyaka eyisishiyagalolunye ukuphatha kwabamnyama eNingizimu Afrika, kulethe inkululeko kithina ebesicindezelwe iminyaka ngabamhlophe. Khona nje ukuthi ngikhuluma ngolimi lwami, impumelelo leyo. Isiminingi imindeni ekhanyisa ngogesi eyayingeke iwunuke kuleya ngcindezelo yabamhlophe. Imindeni eminingi inamanzi ezindlini, amanzi ahlanzekileyo eyayingeke iwathole kuleya ngcindezelo. Abesifazane babambe iqhaza elikhulu ezikhundleni eziphezulu, nokunye nokunye.
Kodwa nakhu okuseyiva enyameni, okokuqala ukucwasa ngebala kusekhona. Akuqedwe nya! Otholakala ecwasa ngebala makajeziswe kanzima angaphinde akwenze lokho. Okwesibili, imisebenzi ayikho. Ubuphofu bubhokile kithina abamnyama. Okwesithathu, abantwana bethu ezikoleni ezaziphethwe abamhlophe abakhululekile kahle neze. UmNyango wezeMfundo ake ubhukule ukufakele izibuko lokhu. Ukulinganiswa kwezikhundla, i-affirmative action akukho kahle kulezi zizinda zemfundo. Izigungu eziphethe, ama-government bodies, kusengabamhlophe bodwa, kufakwa nje mhlawumbe oyedwa noma ababili abamnyama, akukalungi neze lapho.!
Okwesine, ubugebengu nobudlova busathe bhe! Okwesihlanu, uHulumeni akasisize phela alungise udaba lwamakhosi. Kule minyaka eyisishiyagalolunye makwade ukuhloniphana, ukusizana, ukusebenzisana nokungabukelani phansi. Akunciphe izinkulumo ezingathi shu! Makwande umsebenzi oncomekayo e-Afrika. Sesikhuluma ulimi olusha manje lweNepad, lwe-AU nolwe-African Parliament. Nazo izithelo ezinhle ezidingekayo ukwandisa umnotho nokuzwana e-Afrika jikelele. Egameni leNkatha Freedom Party, sithi phambili ngemisebenzi emihle, phansi ngobubi! [Ihlombe.] (Translation of isiZulu paragraphs follows.)
[Hon Chairperson and the House, in the past nine years the black administration has brought freedom to us who, for years, were oppressed by whites in South Africa. Even the fact that I speak in my own language indicates an achievement. There has been an increase in the number of families who use electricity in their homes which they would never have had during the term of the white oppressive regime. Many families now have clean running water which they would never have had in that oppressive environment. Women occupy high positions, etc.
However, firstly, the fact that discrimination on the basis of colour still prevails is a pain in the neck. It must be completely eradicated! A person who is found to be discriminating against others on the basis of colour should be given a stiff penalty so that they would never do that again. Secondly, jobs are scarce. We black people live in abject poverty. Thirdly, our children who attend the former Model C schools are really unhappy. I appeal to the Department of Education to pull up its socks and address this matter. Affirmative action is not functioning properly in those education centres. The school governing bodies are still exclusively made up of white people. It is only one or two black people who are co-opted into those structures. Things are still not fine at all there.
Fourthly, the levels of violence and criminal activity are still very high. Fifthly, we appeal to the Government to help us by resolving the issue of traditional leadership. In these nine years there should have been an increase in respect and helping one another, co-operation and not looking down upon others. Let us do away with useless talk. Let there be an increase of commendable actions in Africa. We now speak a new language of Nepad, AU and African parliament. Those are the fruits that are needed to increase the wealth and co-existence in the whole of Africa. On behalf of the IFP, we would like to say: Forward with good deeds! Down with nasty acts! [Applause.]]
The CHIEF WHIP OF THE COUNCIL: Thank you very much, Chairperson. Chairperson, it is indeed a privilege to be speaking after Mrs Vilakazi because she clearly illustrates that the challenge that we face in this country is not to polarise ourselves, but to work together towards a common objective that we’ve all agreed to when we developed the Constitution. In fact it is what Mr Matthee referred to as his vision statement.
The DEPUTY CHAIRPERSON OF THE NCOP: Order, please!
The CHIEF WHIP OF THE COUNCIL: Thank you, Chairperson. Chairperson, Cyril Ramaphosa referred to the Constitution as the birth certificate of this democratic nation. Indeed it is so. It is in this Constitution that we have the values of human dignity, freedom and equality imbued. In fact as we look at the past nine years, as we reflect on these past nine years, it is important to note that the single greatest achievement of this Parliament here has been the adoption of a Constitution that was supported by most political parties, if not all.
This was the result of two years of intensive negotiations and hard work in terms whereof this nation through its public representatives achieved consensus. The Constitution itself incorporates a fundamental Bill of Rights which can be regarded as the most modern charter of rights in this world. In no other constitution in the world you have a right to administrative justice. In no other constitution in the world do you have the right to information. In no other constitution in this world does the right to equality apply horizontally.
In this Constitution of ours we stated, and that’s part of our vision and our mission, that it is not enough for us to have civil and political liberties such as freedom of expression and freedom of movement without addressing the other freedoms: the freedom from hunger, the freedom from being without shelter. And therefore we again in our Constitution, much to the original reluctance of the Democratic Party - Mr Leon in fact opposed it originally, but was subsequently convinced and persuaded that we should
- in fact have a bill of rights which incorporates socio-economic rights. We now have a right to housing, we have a right to food, we have a right to the environment - third-generation rights. These are wonderful, formidable achievements.
Our Constitution also sets out the framework in terms whereof there is a separation of powers. We can say in the past nine years that we have respected Government and Parliament. The ANC has respected the independence of the judiciary. It has not interfered with nor has it intervened in the process of the judiciary. I think that is a remarkable achievement.
So as we look back into our nine years we must reflect very carefully on these achievements. The framework which incorporates the vision and the ideology belongs not to the African National Congress, not to the IFP, not to the New National Party, but to this nation as a whole. And it is those political parties who have slept through a social and political revolution, as we referred to it, like Rip van Winkels who are unable to recognise these realities.
It is those political parties who would say that yes, fine you have delivered electricity to millions of our people in the hinterland, in the far rural areas, but you have paid insufficient attention to these details here. The fact is either they are fast asleep, sleeping through a social and political revolution, or alternatively their eyes are open but they refuse to see.
Now I understand the difficulties, Chairperson. I understand the difficulties of a person who has come from a historically disadvantaged community who sees delivery taking place to the poorest of the poor, who sees improvements in the quality of the lives of our people, particularly the poorest of the poor, who recognises those realities and achievements as has been clearly established by Mrs Vilakazi. But because of his or her association to a political party that seeks to polarise our society they refuse or are unable to articulate the achievements of this democracy. And I think it is important that such persons really address and look at the realities of life.
What Mr Matthee is saying and what Mr Durr is saying is that the single greatest achievement of this Parliament and this democracy is that we have built this nation together. Our commitment to nation-building and reconciliation has been a collective commitment across the colour line, across all creeds and across all religious persuasions. And that is the reality we have to recognise.
But we must also recognise what Mrs Vilakazi is saying and that our Constitution enjoins us as legislators to ensure that we redress the inequalities of the past, that we transform institutions that are still racially composed, that we ensure that there is representation in our schools, and that there is representation in all institutions which represent our democracy. And it is for that very reason that in our Constitution we provided the pillars that support our democracy, Chapter 9 institutions. The Gender Commission is there to ensure that there is empowerment of our women who have been disadvantaged and prejudiced for so long and live on the periphery of society.
This Parliament and this House, is evidence of the fact that we do in fact have a representative nation, reflected in its composition through our women and our men who are present here. And unless and until we embrace that reality we are going to have difficulty in moving forward. But it is heartening to hear, that Mrs Vilakazi’s, who comes from a political party other than the African National Congress, appeal is the same as the ANC’s. Mr Matthee’s appeal is the same as the ANC’s. Mr Durr’s appeal is the same as the ANC’s. So we can say as we stand here, without any reservation, that the ANC is moving in a way that addresses the concerns, the visions, the hopes and the expectations of this nation as a whole.
I do not believe that it is the intention, certainly I can say that categorically, of the African National Congress, nor of Government and certainly not of Parliament to suppress the voice of other people. I do believe and I recognise that we have challenges. But as we were engaged in setting out a constitutional framework and ensuring that we repeal repressive legislation and transforming the nature of the legislation that is going to regulate our lives, we are also faced with the challenge of ensuring that we accelerate delivery, particularly to the rural areas, particularly to the poorest of the poor, and change the quality of the lives of our people.
We have to push back the frontiers of poverty. It is a commitment by the ANC, and this commitment is reflected in its policies. It has the soundest economic policies. Our currency has performed the best amongst all currencies, Mr Sono, in the world against the basket of currencies. It is because we have stable, firm economic policies.
We have a budget that is transparent. We have a budget that provides information and it goes beyond its legal requirements and constitutional requirements. It provides you, the Treasury does this, with the medium-term expenditure budget framework. It provides you with the Intergovernmental Fiscal Review. It provides you with information that you could examine and utilise in a meaningful way in your oversight work. And that is the responsibility of our Parliament. And I believe as we look at our Parliament we must say that we have passed through this Parliament, as lawmakers, very, very important transformatory legislation which enables us as parliamentarians to use it as effective tools to ensure that there is effective delivery and that there is transformation in the lives of our people. That is the reality that we must embrace. That is the reality that we must recognise as we move forward to say that, whilst we recognise that we are all equal before the law, certainly in socio-economic terms there are too many inequalities that we have inherited which we have to redress. And we have to do so in a meaningful way.
We have to admit that we have to transform the judiciary, that it has to be more credible and more legitimate. We have to admit that our economy, in terms of its management, has to be transformed. We have to admit that black economic empowerment is a necessary instrument for transformation. These are important policies to move our country forward so that it becomes more representative and it becomes a nation which has now moved forward in terms of redressing the inequalities of the past and fulfilling its constitutional mandate.
Chairperson, I think as we are sitting out here, in general terms, we could say with great sincerity, and I think with conviction that we have through this institution, and the National Council of Provinces in particular, established nation-building, established a consensus in terms of our vision and our objectives in terms of the work we do. We can also say with conviction that we have recognised our responsibilities in doing effective oversight work, and that we are looking at the areas our President spoke about and that is integrated sustainable rural development. That is precisely what you are referring to. Our Minister of Economic Affairs is talking precisely about developing your micros. This is what has been raised. So these are policy issues. But if you are unaware of the policies of this Government then you have this difficulty.
Chairperson, may I conclude by saying that we should also be grateful for the fact that we have the leadership that we have in this institution. And it is quite interesting that the Deputy Chairperson, the Chairperson of the NCOP and myself were quite part and parcel of this very, very important deliberative instrument which sets out our mission and vision, the Constitution, the supreme law of our land. I thank you, Chairperson. [Applause.]
GEOSCIENCE AMENDMENT BILL
(Consideration of Bill and of Report of Select Committee on Economic and Foreign Affairs thereon)
Mr B J TOLO: Chair and hon members, thank you very much. Now, the Geoscience Amendment Bill is a small amending Bill which seeks to effect the lawful transfer of movable and immovable property from the Department of Minerals and Energy to the Council for Geoscience.
Now, when the Geoscience Act which established the geoscience council was passed in 1993, the property which was to be transferred to the Council for Geoscience was not transferred. That property was to be devolved to the council when that law came into operation. But unfortunately as I said, that did not take place. The state law advisers have actually advised that you cannot all of a sudden now, because you have not done it at that particular time, just transfer it because there was a lapse of time.
Now they have then suggested that there is a need for a small amendment so that that anomaly can actually be corrected. Now the Bill therefore is a small technical amendment, which provides for the devolution of that property to the council.
Now I must say that the select committee looked at the Bill and agreed that we are going to ask this House to pass the Bill as it stands. I thank you.
APPOINTEES TO BOARD OF SOUTH AFRICAN NATIONAL PARKS
(Consideration of Report of Select Committee on Land and Environmental Affairs)
Rev P MOATSHE: Hon Chairperson and hon members, allow me to make a statement on the appointment of members to the South African National Parks Board. SANParks is the custodian of the nation’s biological diversity and a major player in the national tourism sector.
Parks under its management include such icons as the Cape Peninsula National Park, a veritable centre of endemism with its rich Cape floristic kingdom. There is the marine and coastal Tsitsikama National Park, with its indigenous forest; the arid Kgalagadi Transfrontier Park and its desert micro-creatures and the Kruger National Park, world renowned for its diversity of mammals and richness of bird life. This is to mention but a few.
In keeping with the national development agenda, SANParks has increased its participation in programmmes aimed at socioeconomic and cultural upliftment of historically deprived populations, in particular those living adjacent to the national parks. A key role-player in the transfrontier conservation initiatives, SANParks is involved together with several other SADC conservation organizations in bio-diversity management, tourism promotion and community development within the Southern African region. The leadership provided by the board will play an important role in the archievement of all of this. Moreover, the board has the crucial task of transferring power and control of resources from the minority that had been appointed and privileged by an undemocratic system, to the majority that participates in the new democratic process.
Having considered the nominations for the new members of the board, the select committee has no doubt that their appointment will strengthen the South African National Parks and will further contribute towards directing the benefits of South Africa’s National Parks to providing for all South Africans, rather than the more wealthy and privileged sections of society. We welcome the appointments by the Minister and look forward to working with the new members of the board. We thank you. [Applause.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): That concludes the debate. I shall now put the question. The question is that the report be adopted. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether delegation heads are present. I think they are all present.
In accordance with Rule 71 I shall first allow provinces the opportunity to make declarations of vote, if they so wish. We shall now proceed to the voting on the question. I shall do this in alphabetical order per province. Delegation heads must please indicate to the Chair whether they vote in favour or against or abstain from voting. Eastern Cape?
Ms B N DLULANE: Siyayamkela. [We welcome it.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Free State?
Mr T RALANE: In favour, Chairperson.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Gauteng?
Ms J L KGOALI: Gauteng supports.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): KwaZulu-Natal?
Mrs J N VILAKAZI: Siyavumelana. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Mpumalanga?
Ms M P THEMBA: Mpumalanga supports. The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Northern Cape?
Mrs E N LUBIDLA: Siyavuma. [We agree.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Limpopo?
Kgoshi M L MOKOENA: Limpopo, e a dumela. [Limpopo supports.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): North West?
Mr Z S KOLWENI: North West in favour.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Western Cape?
Ms N C PHENDUKA: Western Cape in favour.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Thank you. All provinces have voted in favour. I therefore declare the report adopted. [Applause.] That concludes the business of the day.
The Council adjourned at 16:59. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
FRIDAY, 11 APRIL 2003
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister for Provincial and Local Government:
Reasons for the Declaration of a State of Disaster in the Magisterial
Districts of Swellendam, Montagu and Robertson: Western Cape Province,
in terms of section 2(4) of the Civil Protection Act, 1977 (Act No 67
of 1977).
COMMITTEE REPORTS:
National Council of Provinces:
-
Report of the Select Committee on Security and Constitutional Affairs on Notice in terms of Interim Rationalisation of Jurisdiction of High Courts Act, 2001, dated 2 April 2003:
The Select Committee on Security and Constitutional Affairs, having considered the request for approval by Parliament of a Notice which, in terms of the Interim Rationalisation of Jurisdiction of High Courts Act, 2001 (Act No. 41 of 2001), alters the area of jurisdiction for which a High Court has been established, referred to it, recommends that the Council, in terms of section 2(2) of the said Act, approve the Notice before publication thereof in the Gazette. Report to be considered.
TUESDAY, 15 APRIL 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Bills passed by Houses - to be submitted to President for assent:
(1) Bill passed by National Assembly on 14 April 2003:
(i) Explosives Bill [B 43D - 2002] (National Assembly - sec
75).
National Council of Provinces:
- Referrals to committees of tabled papers:
(1) The following paper is referred to the Select Committee on
Social Services:
Agreement between the Government of the Republic of South Africa
and the Government of the Republic of Angola on Waiving of the
Requirement of Visas on Diplomatic and Official Passports, in
terms of section 231(3) of the Constitution, 1996.
(2) The following paper is referred to the Select Committee on Local
Government and Administration:
Reasons for the Declaration of a State of Disaster in the
Magisterial Districts of Swellendam, Montagu and Robertson:
Western Cape Province, in terms of section 2(4) of the Civil
Protection Act, 1977 (Act No 67 of 1977).
COMMITTEE REPORTS:
National Assembly and National Council of Provinces:
-
The progress Report on the Appointment of the Inspector General for Intelligence:
The Inspector General for Intelligence Services, Dr MF Randera was appointed by the President on 1st May 2000. As mentioned in our previous annual report, the Inspector General resigned on 27 February 2002, for private and personal reasons. The President accepted his resignation and requested parliament, through the Speaker to initiate the process of replacing the Inspector General. The Speaker referred this task to the JSCI.
The committee met with the Ministry for Intelligence Services and agreed on the need to appoint the critical staff under the CEO and finalise the administrative regulations. There was also a process of legislative amendments which was already entering the parliamentary process. The CEO asked for a period of six months, up to the end of October to finalise these regulations and appointments.
In November 2002, JSCI advertised for the post allowing two months, up to the end of January 2003, for nominations for the post. Adverts were placed in national and regional newspapers. The committee met in February 2003 to consider the applications. The Committee unanimously agreed that we did not attract enough suitable candidates for this important post. Most of the applicants were Junior Police Officers and unemployed matriculants. This left the Committee unable to shortlist any of the candidates.
The Committee decided to embark on the processes which will inform parliament and the South African public about the nature, responsibility and requirements of the post. The IG is one of the administrative oversight mechanisms over our intelligence structures. The main functions amongst others are:
1. to monitor compliance of services with the constitution and the operational policies. 2. to review operational activities of the Services. 3. to receive and process complaints from the members of the public on the violation of policies by the Services.Once the IG is appointed he must take an oath of secrecy under a judge. He/she functions within the intelligence community but is independent in his/her decision making. This is consistent with the international best practices.
The JSCI is responsible for the public advertisement, shortlisting for interview and recommendation of a candidate to the house. The candidate must receive two thirds of National Assembly votes in order to be recommended to the President for appointment.
The requirements of the post are:
1. The candidate shall be a South African citizen; 2. The candidate should be a person of integrity with insight to intelligence; and 3. A successful candidate should undergo a security clearance.The Committee unanimously resolves to:
1. Request Parliament to grant JSCI an extension for the appointment of the Inspector General until 31 July 2003; and 2. Appeal to the South African public, and Parliament to assist in the identification and nomination of suitable candidates to this important post. WEDNESDAY, 16 APRIL 2003
ANNOUNCEMENTS:
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 16 April 2003 and
transmitted for concurrence:
(i) Natural Scientific Professions Bill [B 56B - 2002]
(National Assembly - sec 75).
The Bill has been referred to the Select Committee on Education
and Recreation of the National Council of Provinces. TABLINGS: National Assembly and National Council of Provinces:
Papers:
- The Minister for Safety and Security:
Memorandum of Understanding between the Government of the Republic of
South Africa and the Government of the Republic of Rwanda on Police
Cooperation, tabled in terms of section 231(3) of the Constitution,
1996.
THURSDAY, 17 APRIL 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
-
Classification of Bills by Joint Tagging Mechanism: (1) The Joint Tagging Mechanism (JTM) on 16 April 2003 in terms of Joint Rule 160(3), classified the following Bill as a section 75 Bill:
(i) Petroleum Pipelines Bill [B 22 - 2003] (National Assembly - sec 75).
-
Draft Bills submitted in terms of Joint Rule 159:
(1) Mining Titles Registration Amendment Bill, 2003, submitted by
the Minister of Minerals and Energy on 11 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:
Draft Immigration Regulations in terms of section 7(1)(b) of the
Immigration Act, 2002 (Act No 13 of 2002).
- The Minister for Justice and Constitutional Development:
(a) Treaty between the Republic of South Africa and the People's
Republic of China on Mutual Legal Assistance in Criminal Matters,
in terms of section 231(2) of the Constitution, 1996.
(b) Explanatory Memorandum to the Treaty on Mutual Legal Assistance
in Criminal Matters.
(c) Government Notice No R 359 published in Government Gazette No
25023 dated 14 March 2003: Amendment of Regulations in terms of
the Recognition of Customary Marriages Act, 1998 (Act No 120 of
1998).
(d) Government Notice No R 360 published in Government Gazette No
25024 dated 14 March 2003: Regulations in terms of the Special
Investigating Units and Special Tribunals Act, 1996 (Act No 74 of
1996).
(e) Proclamation No R 22 published in Government Gazette No 24698
dated 20 March 2003: Commencement of the Constitution of the
Republic of South Africa Amendment Act, 2003 (Act No 2 of 2003).
(f) Government Notice No R 423 published in Government Gazette No
24596 dated 27 March 2003: Procedure of Commisssion in terms of
the Judicial Service Commission Act, 1994 (Act No 9 of 1994).
- The Minister of Environmental Affairs and Tourism:
(a) Strategic Plan of the Department of Environmental Affairs and
Tourism for 2003-2006.
(b) Annual Report of the Johannesburg World Summit Company for 2001-
2002.
THURSDAY, 24 APRIL 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Assent by President in respect of Bills:
(a) Division of Revenue Bill [B 9D - 2003] - Act No 7 of 2003
(assented to and signed by President on 16 April 2003);
(b) Pensions (Supplementary) Bill [B 11 - 2003] - Act No 8 of 2003
(assented to and signed by President on 23 April 2003);
(c) Deeds Registries Amendment Bill [B 65B - 2002] - Act No 9 of
2003 (assented to and signed by President on 23 April 2003); and
(d) Usury Amendment Bill [B 1 - 2003] - Act No 10 of 2003 (assented
to and signed by President on 23 April 2003).
- Draft Bills submitted in terms of Joint Rule 159:
(1) Firearms Control Amendment Bill, 2003, submitted by the Minister
for Safety and Security on 14 April 2003. Referred to the
Portfolio Committee on Safety and Security and the Select
Committee on Security and Constitutional Affairs.
National Council of Provinces:
- Referrals to committees of tabled papers:
(1) The following papers are referred to the Select Committee on
Security and Constututional Affairs:
(a) Memorandum of Understanding between the Government of the
Republic of South Africa and the Government of the Republic of
Rwanda on Police Cooperation, tabled in terms of section
231(3) of the Constitution, 1996.
(b) Government Notice No R 359 published in Government Gazette
No 25023 dated 14 March 2003: Amendment of Regulations in
terms of the Recognition of Customary Marriages Act, 1998 (Act
No 120 of 1998).
(c) Government Notice No R 360 published in Government Gazette
No 25024 dated 14 March 2003: Regulations in terms of the
Special Investigating Units and Special Tribunals Act, 1996
(Act No 74 of 1996).
(d) Proclamation No R 22 published in Government Gazette No
24698 dated 20 March 2003: Commencement of the Constitution of
the Republic of South Africa Amendment Act, 2003 (Act No 2 of
2003).
(e) Government Notice No R 423 published in Government Gazette
No 24596 dated 27 March 2003: Procedure of Commisssion in
terms of the Judicial Service Commission Act, 1994 (Act No 9
of 1994).
(2) The following papers are referred to the Select Committee on
Security and Constitutional Affairs for consideration and report:
(a) Treaty between the Republic of South Africa and the
People's Republic of China on Mutual Legal Assistance in
Criminal Matters, in terms of section 231(2) of the
Constitution, 1996.
(b) Explanatory Memorandum to the Treaty on Mutual Legal
Assistance in Criminal Matters.
(3) The following paper is referred to the Select Committee on
Social Services:
Draft Immigration Regulations in terms of section 7(1)(b) of the
Immigration Act, 2002 (Act No 13 of 2002).
(4) The following papers are referred to the Select Committee on
Land and Environmental Affairs:
(a) Strategic Plan of the Department of Environmental Affairs
and Tourism for 2003-2006.
(b) Annual Report of the Johannesburg World Summit Company for
2001-2002.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
(a) Decision by the Speaker and the Chairperson of the National
Council of Provinces to establish an Ad Hoc Joint Committee on
Reparations in terms of Joint Rule 138(1)(b):
(1) The Speaker and the Chairperson of the Council acting
jointly, after consulting the Chief Whip of the majority party
in the Assembly and the Chief Whip of the majority party in
the Council have decided, in terms of Joint Rule 138(1)(b), to
establish an Ad Hoc Joint Committee on Reparations to consider
recommendations made by the President in terms of section 27
of the Promotion of National Unity and Reconciliation Act,
1995 (Act No 34 of 1995).
(2) The Committee to consist of 19 Assembly members and 9
National Council of Provinces members.
(3) The Committee to submit a report to both Houses by 12 June
2003.
(4) The Committee may exercise those powers in Joint Rule 32
that may assist them in carrying out their task.
(b) Report of the Auditor-General on the Financial Statements of the
National English Literary Museum for 2000-2001 [RP 200-2002].
(c) Report of the Auditor-General on the Financial Statements of the
President's Fund for 2001-2002 [RP 236-2002].
(d) Report of the Auditor-General on the Financial Statements of the
Truth and Reconciliation Commission for 2001-2002 [RP 243-2002]. National Council of Provinces:
- The Chairperson:
(a) Final Declaration of the Conference of the Inter-Parliamentary
Union on the World Trade Organisation (WTO) held in Geneva on 17-
18 February 2003.
Referred to the Select Committee on Economic and Foreign Affairs.
(b) Report of the Visit of the National Council of Provinces to the
North West Province (Taung and Mafikeng) 9-13 March 2003:
1. Concept
The innovation of the "Parliament to the People" programme
lies in moving Parliament from Cape Town to a place in the
provinces. The National Council of Provinces is, unlike the
National Assembly, permitted to meet outside the seat of
Parliament in Cape Town.
Parliament has a responsibility to educate and inform people
about its work. Parliament also has a responsibility to ensure
that its work is informed by the views of the people it
represents. And Parliament has a responsibility to make
special efforts to reach those parts of the electorate that
are unable to participate on account of distance, poverty or a
lack of education.
Many of our people are unfamiliar with their right to
participate in government, unfamiliar with legislative
processes in general, and unfamiliar with the role of the NCOP
in particular.
The "Parliament to the People" programme was conceived as both
a public-education and a public-participation programme. In
respect to public education, the NCOP is a public forum for
debate and needs to make its proceedings and decisions known
to the public through media and personal contact. In respect
to public participation, the NCOP needs to be responsive to
the people and take their views into account. Public
participation alerts the NCOP to problems and achievements
faced by our people. Listening to what people have to tell
Parliament strengthens the NCOP's ability to oversee the
implementation of key programmes for their benefit.
2. Location and attendance
On the 9, 10 and 11 March the NCOP sat in the Mmabana Cultural
Centre at Taung, a market town serving a rural district in the
North West Province. On 11 and 12 March the NCOP sat in the
Embassy Hall in Mafikeng, the capital of the North West
province.
A number of general points are worth making about the venues,
one rural and one urban, and the interaction between MPs and
the people who participated in the parliamentary proceedings.
First, a great number of people attended the parliamentary
proceedings in Taung. The formal session in the Mmabana
cultural centre was held in a large gymnasium and the people
sat in the gallery from where they would normally watch a game
of basket ball or indoor football. The gallery was filled to
overflowing and the remainder were accommodated in a large
theatre in the centre from where they were able to hear
proceedings. The large turn-out was the result of the
effective advertising of the event in local structures and
through local radio. The turn-out also attests to the good co-
operation between the NCOP administration, the provincial
legislature, and local government representatives in the
Bophirima municipality.
Second, the location of the session in a modern one-stop
cultural centre in Taung facilitated the participation of the
people in parliamentary proceedings.
Third, the design of the programme provided the ideal
interface for MPs to engage with people from rural
communities. More than anything else it emphasised the
importance Parliament attaches to the business of bringing our
constitution to life and sustaining it through ongoing
dialogue, interaction and discourse. The programme provided a
unique opportunity to share experiences and enhance mutual
understanding. The feedback that MPs received from community
representatives provided invaluable information, and set down
key markers in improving the delivery of services.
Fourth, the enthusiastic participation of North West MECs and
provincial politicians was made in the spirit of co-operative
governance. Enormous care was taken over the preparation of
background material on social welfare and opportunities for
economic development. In fact, enthusiastic participation led
to lengthy speeches that crowded out the time available to
listen to people's contributions.
Fifth, the ability of MPs to interact with the people in many
languages was noteworthy.
Sixth, the open nature of the meetings allowed for a wide
range of participants to express their viewpoints. Of great
interest was the active participation of members of ward
committees.
Seventh, there was considerable radio and television coverage
of the programme. On the first day in Taung etv and the SABC
broadcast news clips and thereafter there were many radio
interviews with MPs. The impact was considerable on the local
level, but less so at a national level and in the print media.
Last but not least, the NCOP sat in the Embassy Hall in
Mafikeng. Fewer people attended our proceedings there than in
Taung, but this did little to dampen enthusiasm or diminish
the quality of the contributions.
3. Proceedings
Meetings were held with the following groups of people:
traditional leaders and councillors, women, youth and
organised groups, farmers, business organisations and
individual entrepreneurs, educators and civil servants, and
lawyers.
The report highlights the main issues raised at each meeting
and the recommendations made.
(a) Meeting with Traditional Leaders and Councillors
Topic: opportunities for cooperative governance, issues
affecting the IDP, job creation and rural development at
local and provincial government level
Presentation: Mr D.E. Afrika (MEC for Local Government
and Housing)
The following issues were discussed:
(i) The lack of coordination between councillors and
traditional leaders on the delivery of
services.
(ii) The need to address poverty and illiteracy, in
particular, in areas under the control of
traditional leaders.
(iii) The problems faced by female-headed
households.
(iv) The large number of poorly-educated and unemployed
youth in the area.
(v) The lack of accessibility to land in those areas
under traditional leaders' control.
(vi) Proposed remuneration to traditional leaders for
attending local government meetings to be
extended to ward committees.
The following progress was recorded on the delivery of
services:
(i) Electricity: The supply of electricity has been
improved to many areas, but there is still a
capacity problem. In the 2001/2002 financial
year, 5,000 connections were made. Funds have
been secured for 7,000 connections for the
2003/2004 financial year, but that would leave
a backlog of 23,011 connections.
(ii) Sanitation: It was reported that 106 installations
were made in rural villages over the past few
months.
(iii) Water: The municipality has begun to
distribute free water to communities, but there
is a lack of infrastructure in some areas.
(iv) Housing: There has been robust housing development,
particularly in the Ba-ga Mothibi area.
(v) Roads: There are programmes underway to upgrade the
roads.
(b) Meeting with women
Topic: the role of women in pushing back the frontiers of
poverty
Presentation: Mrs G.N. Pandor (Chairperson of the
National Council of Provinces)
During discussion the following issues emerged:
(i) Traditional Leaders refuse to provide women with
licences to mine.
(ii) Pension pay-out centres need to have facilities such
as toilets, seating, and shelter for the
pensioners.
(iii) The Government needs to assist parents, who
cannot afford to pay school fees for their
children.
(iv) Women had grouped themselves into enterprises and
small businesses and often submitted business
plans and tenders to the parastatals, but
without any success.
(v) The Office on the Status of Women should be
decentralised in order to reach as many women
as possible.
(vi) Health volunteers assist many of the old women in
the communities, but did not receive any
grants, and had to use their own funds.
(vii) Certain officials required members of the
public to pay them R5, R10 or R30 for accessing
pensions and other grants.
(viii) Certain perpetrators of violence against women
bribed the police to assist them
Responses from MPs and provincial politicians:
(i) The chiefs and local councillors had recently held a
meeting on the issue of women being helped to
acquire contracts and businesses. The chiefs
had encouraged women who were interested in
opening mines to register as close
corporations, and to approach the tribal
authorities in this regard.
(ii) In terms of the procurement framework that applies
to government at all levels, all required
services had to go out to tender. If the
relevant MEC was not responding to queries,
then people should approach the constituency
offices of their public representatives.
(iii) Parents who were unemployed and who could not
afford school fees should complete the
necessary exemption forms. Children could not
be expelled from school for nonpayment of
school fees.
(iv) The facilities at pension pay-points were in the
process of being improved.
(v) The issue of nonrecognition and support for
volunteers was an area that needed to be
addressed. The Department of Social services
should be engaging with social workers. It was
however also important to remember that
volunteers, by definition, offer their
assistance for free.
(vi) Government had recognised the impact of HIV/Aids on
families and women in particular. Therefore,
even young adults, who were responsible for
younger siblings, were able to apply for
housing subsidies.
(vii) The public needed to approach the Independent
Complaints Directorate and the MEC for Safety
and Security to report all instances where
police were not implementing the Domestic
Violence legislation and/or were accepting
bribes.
(c) Meeting with Youth and Organised Groups
Topic: promoting and/or creating initiatives and
partnerships aimed at defeating poverty and promoting
development
Presentation: Mr P.D. Maloyi (member of the Joint
Monitoring Committee on the Improvement of Quality of
Life of Children, Youth and Disabled Persons)
Some of the issues raised were:
(i) Youths identified the role they played in
dismantling apartheid and agreed that the same
energy that was displayed in fighting apartheid
should be channelled towards youth development.
(ii) Youths noted that one of the challenges after the
democratisation of South Africa was to bring
youth issues to the national agenda. Thus, the
following organisations had been established:
the National Youth Commission, the North West
Youth Commission, a youth desk in the Office of
the Presidency, and a youth desk in the
Premier's Office in the North West Province.
(iii) The North West Youth Commission has undertaken
to embark on a development programme.
(iv) A programme, jointly initiated by the South African
Defence Force and the National Youth
Commission, was established to recruit youth to
join the Defence Force in order to give them
the opportunity to study.
(v) A research project, the initiative of the North West
Youth Commission and the University of the
North West, would culminate in a strategic
planning session that would enable the
formulation of a business plan on how the
Commission would envisage itself in the coming
years.
Challenges identified;
(i) Better information needs to be made available by
government on how to apply for Umsobomvu funds.
(ii) Improve coordination between the Youth Commission
and provincial departments over youth
development.
(iii) Career guidance at schools.
(iv) Youths going in to business still face difficulties
in applying for funds, as most lending
institutions require collateral for loans.
(d) Public hearing
Topic: Poverty Alleviation and Social Grants
Presentation: M.J. Mahlangu (Deputy Chairperson of the
NCOP)
The following emerged from the presentation and comments:
(i) People in rural areas are more affected by poverty
than people in urban areas.
(ii) Rural women are the most affected by rural poverty.
(iii) Government has taken a decision to alleviate
poverty in general and, in particular,
programmes are focussed on rural women,
children, youth, the disabled, aged and people
affected/infected with HIV/AIDS.
(iv) Women were encouraged to form co-operatives in order
to establish small businesses
(v) It was noted that child grants are sometimes not
utilised for the purpose meant for by
guardians.
(vi) Pensioners raised concern about fraudulent funeral-
policy schemes.
(vii) Volunteers raised concerns about a lack of
recognition for their work.
(viii) A concern was raised about the behaviour of
social workers towards the elderly and those
who apply for disability grants.
(ix) Some chiefs required remuneration before confirming
that people lived in areas under their control.
(x) The absence of an identity document has prevented
some people from applying for social grants.
Responses:
1. Education: provincial government has budgeted R18 m
to renovate and build 14 schools. Feeding schemes are
in place in most schools and, in particular, in
schools situated on farms.
2. Delivery of free basic services: in some villages
government has succeeded in delivering free basic
service to the poor.
3. Social Grant System: It was noted that since the
introduction of pension committees, the payment of
pensions has improved.
(e) Meeting with Farming Community and Farmers
Topic: opportunities and challenges for emerging farmers
and the possibilities for partnership arrangements
between established and emerging farmers.
Presentation: Rev P. Moatshe (Chairperson of the Select
Committee on Land and Environmental Affairs, NCOP)
Participants raised the following issues.
(i) It was noted that the Department of Agriculture had
developed a plan that highlights the importance
of developing small-scale farming, a sector
that had received little infrastructure or
financial support in the past.
(ii) In the past resources were devoted to one sector of
the farming community, that is, the large-scale
commercial farming sector and the emerging
farming sector was ignored. The present
government has undertaken an agricultural
development policy, which provides for
development for all farmers in South Africa.
(iii) The Department of Agriculture has developed
the Broadening the Access to Agriculture Trust
(BATAT), which is focused on the services that
government can provide for meeting the needs of
farmers. BATAT seeks ways of managing a
diversified agricultural sector in the most
cost effective way.
(iv) The Strategic Plan for South African Agriculture (27
November 2001) is a mutual strategy that
provides the focus to unite the sector. It
recognizes the need to maintain and increase
commercial production, to build international
competitiveness, and to address the historical
legacies that have resulted in skewed access to
land.
(v) The Land and Agricultural Development Bank is
providing an enabling environment for
sustainable economic growth and long-term
success of farmers and, particularly, emerging
farmers. Projects taken on by the Land Bank are
aligned to the Integrated Rural Development
Strategy of which the primary objective is to
conduct a sustained campaign against rural
poverty, unemployment and infrastructural
underdevelopment. In pursuit of its
developmental mandate it continually seeks
creative ways to promote the empowerment and
development of developing farmers to assist
them in making a shift from small-scale to
fully-fledged commercial farmers.
(vi) Land redistribution for agricultural development
supports and assists the implementation of
Government's land reform programme. It enables
previously disadvantaged individuals to receive
grant funding from the Department of Land
affairs as well as to obtain financial
assistance in the form of loans from the Land
Bank.
The following challenges facing the farming community
were identified:
(i) The broadening of participation in farming, in
particular among the youth and women in order
to provide equitable access and participation
in agriculture to ensure broad participation in
communities,
(ii) The availability of arable land for farming, in
particular for the previously disadvantaged
communities.
(iii) Availability of markets for the established
small-scale commercial farmers.
(iv) Training for emerging farmers.
(v) Capital for emerging farmers.
Responses from provincial politicians:
(i) The Land Bank has forged partnerships to bring about
a sharing of ideas and best practices so that
it can better align programmes with
Government's vision and support Government in
implementing its development initiatives.
(ii) There is a temporary fund to assist emerging farmers
in terms of tools and loans to start farming.
The problem of land was addressed through the
Land Reform Programme.
(iii) To address the concern of job creation and
volunteers, an internship programme had been
created and 302 students had recently been
trained, 150 of whom will be placed in farming.
(f) Meeting with Business Organisations and Individual
Entrepreneurs (held in Mafikeng)
Topic: how can the business sector contribute to
alleviate poverty
Presentation: Mr M.J. Kuskus (North West MEC for Finance)
Poverty and unemployment, caused by the systematic
efforts of the previous government to make sure that only
a racial minority benefited from the wealth of the
country, are the two biggest challenges facing the
country.
This in turn resulted in South Africa being one of the
most unequal countries in the world in terms of
opportunities and resources. Since 1994 the government
has attempted through bold legislative and institutional
framework to tackle the problem head on.
The State has a very important role to play in poverty
alleviation. But it needs the support of social partners
like a vibrant private sector as well as the involvement
of all other sectors of the community.
Throughout the world the notion of good corporate
citizenship is coming to the fore. Business cannot
operate in isolation from the community it is serving.
Business needs to influence positively the environment in
which they conduct their business so that the client base
can be broadened.
The following challenges were identified in order to
encourage good corporate citizenship;
1. Corporate social investment strategy to make sure
that real empowerment takes place.
2. Everyone to be responsive to the environment and the
preservation of natural resources, and to maintain a
responsible tax culture.
3. Businesses should also, in terms of good corporate
citizenship, look at the implementation of
procurement policies that benefit previously
disadvantaged individuals.
(g) Meeting with Educators and Civil Servants
Topic: economic development as a key to job creation and
poverty alleviation
Presentation: Mrs G.N. Pandor MP (Chairperson of the
National Council of Provinces); Mr Z Tolo (North West MEC
for Education)
The challenges faced by the North West Department of
Education were the following:
(i) The Department is currently in the process of a
major schools curriculum transformation. A
process of phasing in this curriculum in grades
1 - 9 is under way, and plans are under way to
phase in grades 10 - 12.
(ii) The second major change is the restructuring and
landscaping of Further Education and Training
(FET) colleges.
(iii) The Department is also transforming the
curriculum within the colleges. The Province
inherited 17 colleges in 1994: seven of them
were teacher colleges; three were manpower
centres; and another six were technical
colleges. Eleven of these have been merged and
three FET institutions have been created.
(iv) The Department is in partnership with the private
sector, in particular, the National Business
Initiative. It is assisting the Department and
plays an important role in curriculum
transformation.
(v) Currently many teachers are under-qualified or
unqualified, but since 1996 a programme of re-
skilling has been undertaken.
(vi) In some schools hotel management and hospitality are
offered as subjects. The North West has a
greater potential for tourism. The foundation
needs to be laid at the level of junior
secondary and even primary schools.
(vii) To address the problem of children going to
school hungry, the Department of Health had
introduced a feeding scheme for children in
primary schools from grades 1-7.
(viii) In the next financial year's budget the
Department would put aside money to buy
gardening equipment that would be distributed
to schools to encourage children to start
gardening. The intention is to encourage the
growth of vegetables that would be used to
prepare hot soup for children.
(ix) The Department would identify technical high
schools, especially those far from the FET
institutions, so as to make them satellites of
these institutions in order to cut travelling
costs.
(x) The issue of subject advisors is being addressed.
The Department is currently undergoing a
process of being strengthened and restructured.
When the new structure is in place, it will be
better able to assist schools in this
connection.
(xi) The Department will be embarking on a programme to
provide bicycles for learners to facilitate
long-distance travelling by those living on
farms.
(h) Meeting with Legal Fraternity
Topic: the role and responsibility of the legal
profession in creating an ethos of volunteerism to
promote social justice
Presentation: Mr M.E. Surty (Chief Whip of the NCOP);
Madam Justice B.E. Nkabinde (Bophuthatswana Division of
High Court)
Among some of the issues highlighted were:
(i) That the rule of law and the effective functioning
and legal system are central to the elements of
good governance.
(ii) It was noted that the strength of a country's legal
system does not depend on the judiciary alone,
but also on the joint efforts of the courts,
lawyers and government.
(iii) The most important element necessary for the
professional independence is the maintenance
and enhancement of public confidence in the
profession and the judiciary.
The challenges faced by the legal profession, in order to
influence law and public policy were identified as:
(i) The legal profession should be alive to the cultural
diversity of the people of South Africa and
respect the rights of diverse groups and
minorities, and must clearly see the realities
of the world so as to achieve social justice.
(ii) In spite of the provisions of the Constitution that
relate to the right to legal representation
many South Africans are tried in criminal cases
without legal representation, because they are
too poor to pay or do not understand the
nature, extent and effect of their rights in
criminal proceedings.
(iii) Some of the factors that may contribute to the
ethos of promoting social justice are the
following; encourage class actions; revive pro
bono work; and examine the need to educate
every citizen about his/her rights.
4. Conclusions and recommendations:
1. In order to address all the challenges facing the Greater
Taung municipalities, there is a need to create jobs and
provide opportunities for education, training and
development.
2. In order to revive tourism, resources are needed to market
areas declared heritage sites.
3. Strengthening relations between traditional leaders, ward
committees, the farming community, youth and all
stakeholders in order to have a foundation for mutually
beneficial planning and development.
4. Developing a partnership between the provincial
government, local government and traditional leaders.
5. Ward committees need to be strengthened and developed so
as to be able to take a vital role in development.
6. The government should find ways and means of investigating
the issue of debts owed by municipalities, as it affects
the delivery of free basic services to the people.
7. A memorandum of understanding should be signed between the
provincial Youth Commission and Umsobomvu fund, and a road
show should be undertaken in order to inform the youth in
the North West Province about the fund.
8. Field workers should be employed in all the four districts
of the North West in order to work closely with local
councils that have youth councils in their midst.
9. The National Youth Commission should liase with the South
African Local Government Association (SALGA) to establish a
youth desk in all the mayoral offices that are members of
SALGA in order to integrate issues affecting the youth in
the planning of the municipal programmes.
10. The provincial department should engage with social
workers in and around Taung to try and address the
concerns of community members.
11. A partnership should be developed between the Land and
Agricultural Development Bank and the National Youth
Commission with the objective of utilizing the farms in
the possession of the Land Bank in order to promote the
establishment of aspirant young farmers on these farms
and provide them with the necessary training and support
to ensure they become viable and sustainable
entrepreneurs.
12. The MEC for Agriculture in the North West should call an
"Imbizo" and explain all the programmes that are
available in the agricultural sector for assisting
emerging farmers.
13. That the report be referred to all select committees of
the National Council of Provinces, for consideration on
matters that were raised by presenters and the public.
FRIDAY, 2 MAY 2003
ANNOUNCEMENTS:
National Council of Provinces:
- The Chairperson:
The vacancy in the representation of the Free State Province, which
occurred owing to the death of Ms S N Ntlabati on 3 April 2003, has
been filled with effect from 16 April 2003 by the appointment of Ms N P
Khunou.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
(a) Report of the 44th Commonwealth Parliamentary Association (CPA)
Africa Executive Committee Meeting held in Nairobi, Kenia on 26
March 2003.
(b) Report of the Commission on Gender Equality on Intergrated
Development Planning - A Gender Perspective.
- The Minister of Environmental Affairs and Tourism:
(a) Proposal for the Leasing of Water Space in terms of section 6 of
the Sea Shore Act, 1935 (Act No 21 of 1935), to the Maribus
Industries (Pty) Ltd Seaweed (Gracilaria) Cultivation Project.
(b) Report of the South African Weather Services for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 18-2003].
THURSDAY, 8 MAY 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Introduction of Bills:
(1) The Minister of Minerals and Energy:
(i) Mining Titles Registration Amendment Bill [B 24 - 2003]
(National Assembly - sec 75) [Bill and prior notice of its
introduction published in Government Gazette No 24634 of 31
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 9 May 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:
- Referrals to committees of tabled papers:
(1) The following paper is referred to the Select Committee on
Economic and Foreign Affairs:
Report of the 44th Commonwealth Parliamentary Association (CPA)
Africa Executive Committee Meeting held in Kenia, Nairobi on 26
March 2003.
(2) The following paper is referred to the Joint Monitoring
Committee on the Improvement of Quality of Life and Status of
Women and to the Select Committee on Local Government and
Administration:
Report of the Commission on Gender Equality on Intergrated
Development Planning - A Gender Perspective.
(3) The following paper is referred to the Select Committee on Land
and Environmental Affairs:
Report of the South African Weather Services for 2001-2002,
including the Report of the Auditor-General on the Financial
Statements for 2001-2002 [RP 18-2003].
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
(a) International Convention on Prevention and Punishment of Crimes
against Internationally Protected Persons, including Diplomatic
Agents, tabled in terms of section 231(2) of the Constitution,
1996.
(b) Explanatory Memorandum to the Convention on Prevention and
Punsishment of Crimes against Internationally Protected Persons,
including Diplomatic Agents.
(c) International Convention Against the taking of Hostages, tabled
in terms of section 231(2) of the Constitution, 1996.
(d) Explanatory Memorandum to the International Convention Against
the Taking of Hostages.
MONDAY, 12 MAY 2003
TABLINGS: National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
(a) Report of the Auditor-General on a Performance Audit conducted
at the Independent Development Trust on the extent to which the
present operations and processes are consistent with and support
development and sustainable poverty alleviation [RP 237-2002].
(b) Submission of the Financial and Fiscal Commission on the
Division of Revenue for 2004-2005, tabled in terms of section 9 of
the Intergovernmental Fiscal Relations Act, 1997 (Act No 97 of
1997).
(c) Report of the Public Service Commission on Blacklisting.
- The Minister of Finance:
Strategic Plan of Statistics South Africa for 2003-2006.
- The Minister of Public Works:
Memorandum by the Minister of Public Works setting out particulars of
the Building Programme for 2003-2004 [RP 26-2003].
- The Minister of Minerals and Energy:
Strategic Plan of the Department of Minerals and Energy for 2003-2006.
TUESDAY, 13 MAY 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Bills passed by Houses - to be submitted to President for assent:
(1) Bill passed by National Council of Provinces on 13 May 2003:
(i) Geoscience Amendment Bill [B 7 - 2003] (National Assembly
- sec 75).
- Introduction of Bills:
(1) The Minister of Minerals and Energy:
(i) Petroleum Products Amendment Bill [B 25 - 2003] (National
Assembly - sec 75) [Explanatory summary of Bill and prior
notice of its introduction published in Government Gazette No
24752 of 15 April 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 14 May 2003.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
- Draft Bills submitted in terms of Joint Rule 159:
(1) Petroleum Products Amendment Bill, 2003, submitted by the
Minister of Minerals and Energy on 8 May 2003. Referred to the
Portfolio Committee on Minerals and Energy and the Select
Committee on Economic and Foreign Affairs.
National Council of Provinces:
- Referrals to committees of tabled papers:
(1) The following papers are referred to the Select Committee on
Security and Constitutional Affairs for consideration and report:
(a) International Convention on Prevention and Punishment of
Crimes against Internationally Protected Persons, including
Diplomatic Agents, tabled in terms of section 231(2) of the
Constitution, 1996.
(b) Explanatory Memorandum to the Convention on Prevention and
Punishment of Crimes against Internationally Protected
Persons, including Diplomatic Agents.
(c) International Convention Against the Taking of Hostages,
tabled in terms of section 231(2) of the Constitution, 1996.
(d) Explanatory Memorandum to the International Convention
Against the Taking of Hostages.
(2) The following papers are referred to the Select Committee on
Finance:
(a) Submission of the Financial and Fiscal Commission on the
Division of Revenue for 2004-2005, tabled in terms of section
9 of the Intergovernmental Fiscal Relations Act, 1997 (Act No
97 of 1997).
(b) Strategic Plan of Statistics South Africa for 2003-2006.
(3) The following paper is referred to the Select Committee on Local
Government and Administration:
Report of the Public Service Commission on Blacklisting.
(4) The following paper is referred to the Select Committee on
Public Services:
Memorandum by the Minister of Public Works setting out particulars
of the Building Programme for 2003-2004 [RP 26-2003].
(5) The following paper is referred to the Select Committee on
Economic and Foreign Affairs:
Strategic Plan of the Department of Minerals and Energy for 2003-
2006.