National Council of Provinces - 16 September 2003
TUESDAY, 16 SEPTEMBER 2003 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 14:02.
The Deputy Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
NOTICES OF MOTION
Mr B J MKHALIPHI: Thank you, Deputy Chairperson. At the next sitting of the House I shall move:
That the House -
(1) notes attempts by Israel to be a referee and a player, with specific reference to its attempts to choose who it wants to negotiate with and to exclude Chairman Yasser Arafat from the Middle East peace talks;
(2) disapproves of attempts by Israel to assassinate Chairman Yasser Arafat as reported on television news yesterday;
(3) notes the overwhelming support by Palestinians for Chairman Arafat;
(4) believes that peace in the Middle East cannot be achieved with the bully-boy tactics of Israel; and finally,
(5) calls upon Israel to stop its attempts to sideline Chairman Arafat as it will not succeed.
Mr K D S DURR: Chairman, I shall move at the next sitting of the House:
That the House -
(1) notes the most recent violation of press freedom in Zimbabwe, with the closure by the Zimbabwean police and courts of the only independent newspaper that was left in that country, namely The Daily News;
(2) notes that this flies in the face of recent assurances given, also to South Africa, on the subject of freedom of expression in Zimbabwe;
(3) notes that the ageing tyrant Robert Mugabe’s rule has made life unbearable for ordinary people, and that the state is becoming dysfunctional with rogue state characteristics, where the government has become a predator upon its own people;
(4) calls upon the Government, our Government, to take whatever steps that would be wise and necessary to end this nightmare for the Zimbabwean people, including encouraging Zimbabwe to move towards arranging a full and fair, transparent general election as soon as possible, with possible interparty co-operation thereafter;
(5) notes that it was the action of the South African Government at the time that forced the Rhodesian Front to the negotiating table, and that the current South African Government should again use its leverage for change in that country.
Mrs E N LUBIDLA: Thank you, Deputy Chair. At the next sitting I shall move:
That the House -
(1) notes the desperate attempts by the DA to discredit at all costs the ANC among South African citizens, the recent case purporting a racial slur in the Western Cape, as reported in the Cape Times of 16 September 2003;
(2) notes that the DA referred the matter of alleged racism to the Human Rights Commission;
(3) further notes that the person who is supposedly the victim of such an alleged racial slur did not see anything peculiar about the question asked by Mr Dugmore during a radio interview;
(4) further notes that this is not the first time that the DA has used institutions that support democracy;
(5) believes that the DA will not succeed in its attempts to discredit the ANC;
(6) believes that the use of these political institutions for political opportunism is a waste of time and taxpayers’ resources, which could have been used for more important matters affecting the country; and lastly,
(7) calls upon the DA to stop using our institutions which support democracy for their selfish political opportunism.
Me E C GOUWS: Voorsitter, hiermee gee ek kennis dat ek by die volgende sitting van die Raad sal voorstel:
Dat die Raad -
(1) kennis neem van die feit dat die NNP in die Bloemfonteinse tussenverkiesing gedaal het tot die vlak van blatante leuenverspreiding om sodoende hul sinkende skip te probeer red;
(2) daarop ag slaan dat die NNP deur middel van plakkate skokkende leuens oor die doodstraf verkondig het, maar die waarheid is dat die NP- regering in 1990 self die doodstraf afgeskaf het - hierdie onwaarhede is dus op dramatiese wyse deur middel van swart plakkate met wit bewoording uitgebasuin;
(3) die onderwerpe bevraagteken in die lig van ‘n plaaslike raadsverkiesing;
(4) verder kennis neem van die feit dat die Hoë Hof die NNP gelas het om die plakkate te verwyder, wat hulle gedoen het, maar in weerwil van die hofbevel dit weer in die strate vertoon het;
(5) vertrou dat die NNP van minagting van die hof aangekla sal word; en
(6) sy teleurstelling uitspreek oor hierdie integriteitlose optrede van die NNP. (Translation of Afrikaans notice of motion follows.)
[Ms E C GOUWS: Chairperson, I give notice that at the next sitting of the Council I shall move:
That the Council -
(1) notes the fact that in the Bloemfontein by-election the NNP sank to the level of blatantly spreading lies in an attempt to try to save their sinking ship;
(2) notes that the NNP told shocking lies about the death penalty by way of posters, but the truth is that the NP government itself abolished the death penalty in 1990 - these untruths were therefore broadcast in dramatic fashion by way of black posters with white lettering;
(3) questions these topics in the light of a local council election;
(4) further notes the fact that the High Court ordered the NNP to remove the posters, which they did, but, notwithstanding the court order, they displayed them on the streets again;
(5) trusts that the NNP will be charged with contempt of court; and
(6) expresses its disappointment in this behaviour by the NNP, which lacked integrity.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Order! Order! Hon member, there is something wrong with the microphone.
DISTORTION OF MARKET FOR AGRICULTURAL PRODUCTS
(Draft Resolution)
Mr M A SULLIMAN: Deputy Chair, I move without notice:
That the Council -
(1) notes that -
(a) the huge amounts of subsidies paid to farmers in Europe and
America have seriously distorted the competitive market of
agricultural products originating from developing countries and
especially Africa and Asia;
(b) the billions of dollars and euros spent by America and Europe,
respectively, to subsidise their farmers results in
unrealistically bringing down the prices of agricultural
products from developing countries;
(c) this creates an unfair competitive environment, which favours
farmers of Europe and America and creates enormous financial
burdens on developing countries; and
(d) this also retards economic growth;
(2) therefore expresses its disappointment at the failure of the World Trade Organisation to reach an agreement at Cancun to eradicate the payment of subsidies to farmers among member states of Europe and the United States of America; (3) urges the developed countries to show greater regard and commitment to the plight of farmers in developing countries; and
(4) is of the view that their conduct is inconsistent with the spirit of free trade and enterprise in our global village.
Motion agreed to in accordance with section 65 of the Constitution.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): There is something wrong with the microphones. Can somebody please get the microphones working.
WOMAN ATHLETE OF THE YEAR
(Draft Resolution)
Mr N M RAJU: Thank you, Deputy Chair. I move without notice:
That the Council - (1) notes that -
(a) SA's Hestrie Cloete is the No 1 woman athlete in the world after
being declared Woman Athlete of the Year in Monte Carlo during
the weekend;
(b) the slim high-jumper's win in Monte Carlo at the World Athletics
Final was preceded by equally brilliant performances in Paris
and Brussels;
(c) Maria Mutola of Mozambique had won the World's prestigious
women's 800m event three years in succession, thus scoring a hat-
trick of her own; and
(d) these two women of Africa are on top of the world and that their
achievements are a source of inspiration to all Africans; and
(2) congratulates these two super athletes and calls upon the nation to celebrate this joyous event.
Motion agreed to in accordance with section 65 of the Constitution.
CONDOLENCES TO THE KINGDOM OF LESOTHO
(Draft Resolution)
Rev M CHABAKU: Hon Chair, I move without notice:
That the Council -
(1) expresses its deep shock and sorrow at the sudden passing away of the Queen Mother, Her Majesty Mamohato, Bereng Seeiso, on 6 September 2003 in her Queendom of Lesotho;
(2) notes that especially the people of the Free State have felt this shock and loss deeply, remembering her devotion to the Free State Legislature where she had been received enthusiastically;
(3) appreciates that the majority of her subjects work and live in the Free State;
(4) notes that the Free State treasures the invaluable contributions that have been and still are being made to that province by her subjects with their labour and their lives on farms, in gold and diamond mines and in the trade and industry of the Free State;
(5) thanks God for her leadership, support of education, steadfast faith, humour and neighbourliness and the down-to-earth relations she had with all people;
(6) conveys its sympathy to the Basotho people on their bereavement and extends its sincere condolences to His Majesty the King, the royal family and all who have been touched by her life and witness; and
(7) offers its prayers and solidarity as she is laid to rest next to her beloved daughter.
Motion agreed to in accordance with section 65 of the Constitution.
ACKNOWLEDGEMENT OF THE ANC WOMEN’S LEAGUE PETITION TO PRESIDENT OF NIGERIA
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Thank you, Deputy Chairperson. I move without notice:
That the Council -
(1) notes the “Save Amina Lawal” campaign initiated by the ANC Women’s League and their resolution to petition the President of Nigeria to pardon Amina Lawal;
(2) further notes efforts directed at mobilising sister organisations, civic bodies and men and women in the SADC region as well as in Nigeria in support of the campaign to save Amina Lawal;
(3) recognises that -
(a) an appeal against the conviction and sentencing of Amina Lawal
has been brought before the superior court;
(b) our President has previously made interventions in support of
saving Amina Lawal with the President of Nigeria;
(c) President Mbeki has previously approached the President of
Nigeria to seek his intervention in saving Amina Lawal; and
(d) the universal religion of Islam is one that promotes forgiveness
and clemency;
(4) resolves to support the campaign to save Amina Lawal;
(5) urges members to participate in the campaign and requests the Presiding Officers to prepare a copy of this resolution for all permanent delegates to attach their signatures for transmission to the Senate President of the Federal Republic of Nigeria; and
(6) appeals to parliamentarians of Nigeria and all African Union member states to support and promote these efforts to secure justice and clemency for Amina Lawal and her child.
Motion agreed to in accordance with section 65 of the Constitution.
CAPE TALK HATE SPEECH
(Draft Resolution)
Dr E A CONROY: Dankie Voorsitter, ek stel sonder kennisgewing voor:
Dat die Raad kennis neem dat - (1) Nigel Pierce van Cape Talk se verwysings na Afrikaanse lede van die Springbokspan as ``thick Dutchmen’’, na ‘n beswaar wat deur die Nuwe NP ingedien is, deur die Menseregtekommissie as haatspraak verklaar is; en
(2) die stasie met R10 000 beboet is en tussen 07:30 en 08:00 op enige oggend binne sewe dae na die uitspraak ‘n verskoning moet uitsaai. (Translation of Afrikaans draft resolution follows.)
[Dr E A CONROY: Thank you Chairperson, I move without notice:
That the Council takes note that -
(1) the references made by Nigel Pierce from Cape Talk to Afrikaans members of the Springbok Team as thick Dutchmen, have been declared as hate speech by the Human Rights Commission, after an objection was raised by the New NP; and (2) the station has been fined R10 000 and has to broadcast an apology between 7:30 and 8:00 on any morning within seven days of the judgement.]
Motion agreed to in accordance with section 65 of the Constitution.
FINANCIAL STATEMENTS OF MUNICIPALITIES
(Draft Resolution)
Mr P A MATTHEE: Chairperson, I hereby move without notice:
That the Council -
(1) notes that as at 30 April 2003 the number of municipalities per province whose financial statements in respect of the 2001/2002 financial year were still outstanding are: Eastern Cape 30 or 67%; Free State 4 or 16%; Gauteng 0; KwaZulu-Natal 20 or 33%; Limpopo 18 or 56%; Mpumalanga 8 or 40%; North West 5 or 20%; Northern Cape 13 or 42% and Western Cape 0; and
(2) urges the provincial governments and legislatures of the provinces in which there are municipalities whose financial statements in respect of the 2001/2002 financial year are still outstanding, to take the necessary steps to ensure the earliest possible submission of those statements, including the rendering of any assistance required by those municipalities.
Motion agreed to in accordance with section 65 of the Constitution.
JOY OF THE CITY OF BLOEMFONTEIN
(Draft Resolution)
Rev M CHABAKU: I wish to move without notice:
That the Council -
(1) shares the joy and excitement of the City of Bloemfontein as it opens a first multi-ethnic 24-hour service at the Med Inn Centre for people of all races and backgrounds;
(2) notes with appreciation that this consortium of doctors, specialists, physiotherapists, dieticians, pharmacists and dentists will operate for seven days a week;
(3) further notes that -
(a) this service will also be available on weekends and public
holidays;
(b) even a transport system has been put in place for public and
private hospitals;
(c) all of this is centrally placed for the convenience of the
people;
(4) therefore congratulates all concerned for their integrated outreach which, following our national policy of Batho Pele, puts the needs of patients first; and
(5) applauds the Free State government for another 24-hour health care facility in the City of Bloemfontein.
Motion agreed to in accordance with section 65 of the Constitution.
A REVIEW OF THE ACCOMPLISHMENTS IN RESPECT OF THE QUALITY OF LIFE AND STATUS OF WOMEN OVER THE PAST NINE YEARS AND OF CHALLENGES THAT LIE AHEAD
TO PUSH BACK THE FRONTIERS OF POVERTY
(Subject for Discussion)
The DEPUTY MINISTER OF HOME AFFAIRS: Chairperson and hon members, we can never be grateful enough that, not only one but both of the Houses of Parliament are holding this important debate on the review of improvement in the quality of life of women during the first decade of our democracy. Only a few years ago it would have been unheard of for this House to concern itself with the plight of women, particularly those who are at the bottom rung of our social ladder and who happen to constitute the majority of this sector of our society.
I must say from the beginning, therefore, that for us as the ANC this debate cannot be seen as just a platform for boasting and high praises or for gains already registered. Although these should be highlighted the debate should also serve to provide an honest assessment of how far we have gone in addressing women’s emancipation, as well as to consider practical steps that need to be taken in overcoming the difficult areas and challenges.
As millions of our people stood in long, winding queues to vote for the first time during the democratic elections in 1994, it was hard not to notice a large number of women, some with small babies on their backs, some with walking sticks and some ailing from exhaustion, waiting to make their mark.
This determination by mostly ordinary women, young and old, was a continuation of the central role that the women of our country have played in the struggle to attain freedom in our land. It is my view that in opening a debate of this nature, the place of women in our struggle should be appropriately recorded and properly acknowledged.
At the time when we had a similar debate in the lower House, I had stressed that one of the most reassuring aspects of the role of women in the struggle had been the demonstration of unity across race and across narrow political divides, as demonstrated during the negotiations period in this country.
We should continue to celebrate the fact that during these negotiations not only did women make a strong contribution but that as far as possible we strived to speak with one voice. The success and power of a united force for a common cause was demonstrated then and it is something that is still possible for women to achieve. We have once more reiterated the call for women to create a common platform wherein we can engage together on issues affecting women in our country.
When asking the question whether our 10 years of democracy have had any meaning for women, I guess we might have to start by acknowledging that to see this democracy working will bring great fulfilment to women as they gave up and lost a lot to get where we are. Of course, that is only in the first instance, but the fact that today we live in a democratic country, where we are working hard to build a united nation where there is respect for human rights and where everybody is free to participate without regard for sex, race and creed, is cause for celebration for women.
Of course, if we were asked whether this has brought solutions to all the problems facing us, the answer would be, no. The criticism normally directed at our Government regarding the issue of the improvement of quality of life in this country has always been that our efforts have not yet reached everyone. It is a correct assessment, I believe. However, I must say that just because we have not yet arrived at our long- term objective, does not mean that progress has not been made or that things are sliding towards the worst as some of our colleagues have sought to argue. In our interaction with communities we still find a lot of women who are still both subjected to abuse in the home and have violence directed at them in public.
There are still many without basic literacy and who cannot write their own personal communications in private. Too many of them are still without formal employment and some still die of terrible diseases. In most rural parts of our country there is still an unacceptable number of women who walk long distances to carry water and collect firewood. These are issues that members are mostly aware of. These are the life stories of women, some of whom we know, and these are issues we have raised from time to time when we came back from our constituencies. We will continue to do so.
As a Government that has been put to into power on a platform of bringing change and building a better life we cannot find comfort until this situation has changed.
There are other real stories, however, where we have seen a lot of hope. We have met women whose lives have improved due to the provision of electricity where they live and today their streets are much safer because of lighting. This has a direct relationship to the reduction of violent incidents such as rape and serial killings.
We have also met many women who are celebrating that, unlike in the past, they can now own their own houses registered in their own names without the complexities of oppressive laws. The new clinics that have been built to bring quality, primary health care to rural areas have meant a lot to those who used to travel long distances to receive care.
I have personally seen the delight and sense of pride of many women who have received their matriculation certificates at a much older age in their lives, whereas in the past they were deprived of the right to go to school and condemned to the home where they had to bear and bring up children.
The ABET programme is bringing a lot of hope and change in the quality of their lives and this has opened a lot of opportunities for them. As hon members know, most women remain at home in the villages when their husbands migrate to seek work in the big cities. One of the biggest problems that come with this kind of arrangement is that of communication. Husbands and wives have been forced to wait for letters in the post to send important information to each other. This has normally taken too long and and has been a great inconvenience to interaction within families.
Today Government has made it obligatory for telecommunications operators to provide telephones to the rural areas. Multipurpose centres, as well as telecentres, have also been provided by our Government to give people increased access to communication technologies. This has had a tremendous impact on the lives of these ordinary people, particularly the women. At a policy level, members in this House should acknowledge their own role as public representatives in helping to steer a new and progressive policy regime with regards to issues affecting women. For its part Parliament has passed various pieces of legislation that have a direct bearing on the quality of life of women.
Against a lot of pressure, we insisted on passing the Termination of Pregnancy Act, which ushered in a milestone in regard to the manner in which society uses women’s rights and the importance of the need for them to take decisions on matters affecting their bodies.
Policies regarding preferential procurement, as well as affirmative action, have opened ways for women to participate actively in the economy. It is no longer odd today to see more and more women swelling the ranks of business entrepreneurs through the opening of opportunities created by black economic empowerment policies.
Whereas in the past black women were limited to certain women’s careers, such as nursing, teaching and secretarial work, today the country is benefiting a great deal from utilising the resourcefulness of women in business.
The success in the fight for women’s emancipation in our country has never been an isolated case. The programme of Government to improve the quality of life of every South African is also a commitment that covers women. This struggle also cannot just be limited to women within our borders. There are many other issues that affect women all over the world that need our common attention.
It was with this line of thinking that the recent ANC Women’s League conference took a decision to mobilise and rally all South African women behind saving the life of Amina Lawal of Nigeria. The conference declared that South Africans cannot afford to be indifferent to the suffering of others, particularly women of other nations here in Africa and globally.
In this regard, I would like to reiterate the call that we need to add our voice as a nation and as members of Parliament gathered here in support of the growing pleas to save the life of Amina Lawal, a young mother of thirty- one years, who has been condemned to die by the courts in Nigeria.
The case of Amina Lawal and millions of other women in her position, demonstrates that the emancipation of women should be complete and all forms of oppression should be abolished, whether they be political, economic, national, religious or in the guise of tradition. It is our appeal that the entire nation of peace-loving South Africans stands in solidarity with this woman to spare her life.
We need to put the record straight regarding the essence of our campaign to save the life of Amina Lawal. As South Africans, it has never been our intention to undermine the rights of other people and the sovereignty of other countries. We recognise that, just like South Africa, Nigeria is a country of diversity which recognises the rights of people to worship freely. We are, however, insisting that the democratic culture in Nigeria also respects the right to life for all its citizens.
In our view, Amina Lawal is equally entitled to these rights. Integral to our religion is the built-in virtue of forgiveness. For this reason, we appeal to the Nigerian society and the state, particularly the President, to exercise this compassion and pardon her.
We believe that one of the things South African women should celebrate with the attainment of our democracy is that they do not have to be subjected to the same treatment Amina Lawal is facing in her country.
In this country the state will implement laws that regulate human conduct in line with the Constitutional order, for which we have so painfully fought, side by side. Gone are the days of the Immorality Act that regulated and infringed on personal lives of people in the similar manner that the sentence passed on Amina Lawal does. For this and many other reasons, South African women have a lot to celebrate at the coming of age of our democracy. As I have mentioned earlier, the struggle for women’s emancipation is long and tedious. This Government has made a commitment to advancing the current gains, but the real challenge lies in making sure that women work together for a common cause. I thank you. [Applause.]
Ms M P THEMBA: Hon Deputy Chairperson, hon Minister, hon special and permanent delegates, ngicala ngekuhalalisela iNdvuna ngekukhetfwa kwayo kutsi ibe nguMengameli waboMake belicembu le-ANC lapha eNingizimu Afrika. [I want to start off by congratulating the Minister on her election as the President of the ANC Women’s League in South Africa.] I say, Malibongwe! [Praise!] [Interjections.]
The ANC has continuously sought to confront and remove the obstacles facing the advancement of women in every aspect of society - in their homes, the criminal justice system, education, the workplace, the economy and in Government. This commitment is based on our understanding of the inextricable link between freedom and the emancipation of women. The objectives of a democratic, nonracial, nonsexist and prosperous society cannot be realised to its fullest unless women have been empowered to participate in all aspects of life as equals with any other member of society.
Since the ANC was elected as the Government in 1994, we have used the democratic processes to translate this commitment into visible terms. Our organisation has been the common denominator in most, if not all, pieces of legislation, policies and programmes aimed at improving the quality of life and status of women.
As we celebrated August as Women’s Month, it was appropriate that we reflected on the progress that we made since 1994. This reflective exercise should also acknowledge some of the mistakes we have made, and the challenges we still face in terms of gender equality.
The Constitution is the most significant piece of legislation which impacts on women. Its equality clause, which has been given greater substance through the passing of the Promotion of Equality and Prevention of Unfair Discrimination Act, incorporates the acceptance of women as having equal rights to men.
This acceptance of the equal and inalienable rights of women emerged from our long struggle against the system of institutional racism in which the respect for human rights were determined by skin colour and, further within the various racial groupings, by gender. African women suffered the most humiliation. They were discriminated against because they were black, women, and poor. This triple exploitation saw them assigned to the lowest rung on the social ladder.
This is the kind of legacy which we as the ANC and the country seek to address. Guided by our own policies and the Constitution, we have developed a National Gender Policy Framework, which sets out our country’s vision for women’s empowerment and gender equality. We have also created a comprehensive gender machinery in all three spheres of government to implement our national gender policy.
At the national level, there is the Office on the Status of Women, located in the Presidency, and the gender focal points in government departments, even if this is not so in all departments. The Office on the Status of Women is the principal co-ordinating structure for the national gender machinery. Its task is to co-ordinate the implementation of gender plans and strategies in national departments.
At parliamentary level, we have the Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women. We also have the Multiparty Women’s Parliamentary Caucus. These mechanisms provide a forum in which women and men in Parliament can discuss and debate gender issues. It also provides capacity-building initiatives for women and men in Parliament and creates access points for advocacy by women’s organisations in civil society. In addition, these mechanisms serve to monitor and ensure within Parliament that legislation is gender sensitive.
A number of independent statutory bodies have also been established that are involved in gender issues. Most notably, there is the Commission on Gender Equality, which has a constitutional mandate for the promotion and protection of gender equality.
Many provinces have established provincial structures within their legislatures. As the needs of provinces vary, so too will the structures. The National Gender Policy Framework, however, recommends that the general principle of the national model be followed. This will include the establishment of an office on the status of women in the premiers’ offices, as has already been done, the gender focal points in all provincial departments, and the monitoring committees in the provincial legislatures where they have not yet been established.
Another major achievement is the dramatic increase in the number of women in Parliament. While the ANC has opted for a quota system that guarantees women one-third of its electoral list positions, opposition parties like the DP have taken a principled stance against the quota, arguing that it degrades merit and creates a glass ceiling for women.
The quality of participation by women in Parliament has proven them wrong. Women have made significant contributions in Parliament and have added immense value to its debates and the quality of legislation passed by the institution. It is no surprise, therefore, that the increase in the number of women in Parliament has coincided with the passing of a number of pieces of legislation of particular meaning to women such as the Domestic Violence Act, the Maintenance Act, the Choice on Termination of Pregnancy Act and the Recognition of Customary Marriages Act. The Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women has visited all the provinces to check on the implementation, whether the implementation of these laws is successful, or whether there are any frustrations or problems. The committee will soon be tabling the report in this House.
With regards to challenges, although more practical measures and steps have been taken by the ANC in ensuring that the plight of women is addressed, the impact is, nonetheless, not as profound as it ought to be. Women’s issues will remain a priority that needs focused attention by Government, Parliament and society at large. We continue to be faced with the challenge of further facilitating this process that will see an end to the ill- treatment of women and thereby restoring the dignity and respect to which they are entitled.
A key challenge in addressing gender inequality at local level will be our ability to ensure gender mainstreaming and integration through the Integrated Development Plans of municipalities. [Time expired.] [Applause.]
Ms B N SONO: Deputy Chair, may I take this opportunity to recognise the newly elected President of the ANC Women’s League, hon Mapisa-Nqakula, and wish her godspeed in the work ahead, of navigating the path of this organisation. There is no doubt that the quality of life and status of women in South Africa today is far better than it was prior to the advent of our new democracy. The idea of women becoming economically active and economically empowered is no longer a far-fetched dream.
We as women celebrate the efforts of Government and progress made thus far. I’m going to look at our Constitution, the Bill of Rights, the international instruments that we have signed or acceded to, and then domestic legislation, in particular the Promotion of Equality and Prevention of Discrimination Act, which has particular significance for the equality of women, and lastly, the broad-based BEE policy.
The South African Constitution, Act 108 of 1996, makes no specific provision in the Bill of Rights for the protection of women under the law. But section 9(1) of the Bill of Rights, the Equality clause, states that, ``Everyone is equal before the law and has the right to equal protection and benefit of the law’’.
If I look at the escalating level of violence against women and children, and the failure of our legal system to protect us, I believe that even at the most basic level of protecting our very lives the state is failing in terms of its constitutional obligations. Section 9(2) proclaims that equality includes the full and equal enjoyment of all rights and freedoms. It also enjoins the state to take legislative steps to protect or advance persons who have been disadvantaged by unfair discrimination.
Section 36, which is known as a Limitation Clause, states that the rights in the Bill of Rights may be limited by any law of general application, only if such limitation is reasonable, and then sets the factors which must be taken into account when limiting such rights. Our rights to equality as women may only be taken away from us if good reasons exist for doing so.
In regard to international instruments, in 1993 South Africa signed the UN’s Convention on the Elimination of All Forms of Discrimination Against Women, and ratified it in 1995. We have not yet signed the optional protocol on Cedaw, which was adopted in 1999. We also have not yet signed or ratified the draft protocol to the African Charter on the elimination on all forms of discrimination against women.
Already in 1993, the need for Government in the budget allocation to include resources targeted at the elimination of violence against women was recognised in the UN’s Declaration on the Elimination of Violence Against Women. Whilst a declaration is not a binding treaty, it does set out a common international standard that governments should follow, hence the replacement of the Prevention of Family Violence Act of 1993 by the new Domestic Violence Act. This is a very important piece of legislation, but implementation thereof is seriously undermined by lack of committed resources and co-ordination by departments. On the front of women’s economic empowerment, poverty is a major problem for women in the country. The systems, the socially engineered location of women in rural areas and the underdevelopment of infrastructure in these areas have been, and still are, serious issues of concern. Whilst enabling legislation, such as the broad-based BEE and the Preferential Procurement Policy Framework Act, etc, is in place, movement towards delivery has been ad hoc, largely disjointed and with minimal impact.
In the South African context, BEE should be a vital element in the relationship of the challenge and response to economic empowerment of women. An analysis of the Act, in terms of its fulfilment of its constitutional obligations, shows that it falls short of creating a specific remedy of distributive justice.
Lastly, the Promotion of Equality and Unfair Discrimination Act expressly prohibits female genital mutilation and associated practices, but does not prohibit the more prevalent male circumcision. An analysis of the Act, in terms of its constitutional obligations, shows that in contrast to the human rights law, and at civil law level, the legislation falls short of creating specific criminal offences where gender is shown to have been a factor in the commission of such offences.
There is no direct cross-reference to legislation such as the Domestic Violence Act, which could have strengthened the efficacy of the Promotion of Equality and Prevention of Discrimination Act. It is with this in mind that we should, when analysing the efficacy of the legal protection available to women, say that an approach which focuses only on some limited areas of rights and freedoms as the proper domain of gender equality and improvement in the status of women, would only be a partial understanding of and response to the historical challenge of providing the equality and improvement promised to women in our Constitution. I thank you. [Applause.]
Mrs E N LUBIDLA: Deputy Chairperson, hon members and hon Minister let me start off by saying that national liberation in South Africa has not automatically guaranteed the emancipation of women. It is also of importance to acknowledge all women who have, throughout history, waged relentless struggles against the oppression of women. A national organisation of women should be made a reality, encompassing all women in our society, with particular attention being paid to mobilising our women in rural areas.
We as women know that culture is a way of life and that many aspects of our cultural traditions and practices are oppressive to women. It is for this reason that we are calling on our President to play a critical role in stopping the intended brutal stoning to death of Lawal. It is a pity that no action will be taken against her partner. We, as the ANC, must form cultural forums to facilitate cultural education and debate, particularly around culture and the oppression of women.
As our former President Nelson Mandela, in his first speech at the opening of South Africa’s first democratically elected Parliament, said, and I quote:
It is vitally important that all structures of Government, including the President himself, should understand this fully that freedom cannot be achieved unless the women have been emancipated from all forms of oppression. All of us must take this on board that the objectives of the Reconstruction and Development Programme will not have been realised, unless we see in visible and practical terms, that the condition of the women of our country has radically changed for the better, and that they have been empowered to intervene in all aspects of life as equals with any member of society.
We believe that gender equality and gender equity are not just human rights issues and are not just an aspect of democracy, but are, in fact, preconditions for democracy. This is particularly so in a contemporary democracy, which requires the full participation of all sectors of society not just in casting votes, but also in all decision-making processes and especially in the allocation of resources. It is also our belief that democracy itself has expanded in the past few decades to include the voices of some women, that there has been increased demands for real power-sharing and for the promotion and protection of women’s basic human rights.
We, as the women in the ANC, further believe that gender inequality hampers or even halts the development process by excluding, undermining or limiting
- through inequitable policies in particular, such as education, employment, the health and justice systems - the contribution that women are able to make to the economy. All development processes that ignore or sideline gender issues will either fail or at best only partially succeed.
As women, we should know that poverty is not just about income. It is about people’s lost creativity and their stunted potential to contribute to society; it is about the denial of access to opportunities and choices to lead a decent life, achieve a better standard of living and to gain more freedom, dignity and self-respect. It is about being able to feed, clothe and send children to school - all things that are important for human existence generally and for women in particular.
When it comes to violence against women, few people are aware of the campaign on gender violence, even though our former President Nelson Mandela launched the White Ribbon campaign in 1995. President Thabo Mbeki launched the No Violence Against Women campaign in 2002, with the intention of reviving the campaign and highlighting the importance of addressing gender violence in South Africa. We as women should take a leading role in fighting atrocities against women and children. It must be made known that nobody in his sane mind can speak of freedom if women do not feel that they are full citizens of this country.
As women, we should strengthen the moral regeneration campaign in order to have our society respecting women and children. We should make it a point that never again will we hear about two-month-old babies being raped; never again should we hear about another baby Tshepang being molested. Never again should we women and children be raped and the perpetrators not brought to book.
Legislation has been passed to protect women, such as the Domestic Violence Act of 1998, and to ensure that perpetrators are brought to book and survivors are protected. Tragically, very little noticeable change has occurred since 1998.
It is a fact that our girl children are vulnerable, both at home and at school, to the sexual advances of male relatives, friends and teachers, and most of these situations end up in rape. This problem has been exacerbated by a seemingly commonly held belief, in some quarters, that sex with a virgin will cure men of HIV/Aids. [Interjections.]
A commitment should be made by all present here today to take a more radical way in mobilising communities in the fight against HIV/Aids; to train families to be able to deal with members of families who are HIV- positive; and to embark on a door-to-door campaign to mobilise people around the theme of ``abstain, be faithful and use condoms’’.
We should be at the forefront of enhancing unity in Africa and strive to create conditions for peace, which will lead to stability on the continent as a whole. We must also destroy boundaries that exist in our minds and be able to deal with those boundaries that were imposed on Africa to create disunity. We should be applauded as the ANC because the Government of the people has undertaken various measures to improve the position of women and to advance gender equality in all spheres.
The increasing numbers of women employed in the SA National Defence Force, SA Police Service and Correctional Services, and those selected to executive positions, have further strengthened this commitment. In 1994 the apartheid government only had one female Cabinet Minister, the former Minister of Health, and one female Deputy Minister, the former Deputy Minister for Justice. In today’s Cabinet, four of the 25 Ministers and eight of the 14 Deputy Ministers are women. [Applause.] Here in Parliament, out of 35 chairpersons of portfolio committees, 10 are women, and out of the 117 women in Parliament, 89 are from the party of the people - the ANC. [Interjections.]
The department is focusing on the acceleration of equality between men and women. As far as policies and legislation are concerned, policies are gender-sensitive. The Correction Services Bill contains provisions that mention women particularly. Special provision is made for the dietary needs of pregnant women. The Bill also provides that only women officials may search women prisoners, and that men may not be present when that happens. The military career paths for women are the same as for men. Women undergo the same training and can apply for the same posts as men, including combat posts.
In conclusion, it is appropriate to quote our President, Thabo Mbeki, when he said in his speech at the opening of South African’s second democratically elected Parliament: We must continue to focus on the vital questions of the development and emancipation of women, as well as to further integrate this issue with all Government programmes.
It is very important for us as women to smile, because we as South Africans are creating a new dawn every day. Malibongwe! [Praise!]
Hon MEMBERS: Igama lamakhosikhazi! [The name of women!] [Applause.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Order! I am pausing a little bit to allow you to complete. Thank you. Hon members, just before I call the next speaker, I’ve been made aware that there are learners in the gallery. The Chair would like to acknowledge the learners from Setotoloane Elson High School in Limpopo province. [Applause.] They are from grades Nine, 10, 11 and 12. Some of them are doing Economics, Maths, Physics, OBE, Social Science and other science subjects.
All I can say to them is that they have visited the most important House. This is one of the two Houses in Parliament, which is called the NCOP, and the delegates of the Council debating here are from all over the country. Please engage them in your schools if you want them to come and talk to you and tell you about the National Council of Provinces. You are most welcome. Enjoy the debates.
Mrs L G NGCOBO (KwaZulu-Natal): Thank you, Mr Deputy Chairperson. It is my pleasure to be able to address this gathering on this very important subject on women.
At this landmark we stop and look back at what has been achieved under the new dispensation. We also turn our eyes to the future and ascertain what remains to be done. Will there ever be a time when it shall be said that we have done enough? When we look at the status of the majority of our South African women today, these thoughts can be very disturbing. Whereas we can look back with some satisfaction to the battery of laws that have been passed which aim to enhance and protect women’s lives, we are humbled by the inadequacies and the paucity of strategies for the implementation of these laws.
One other shortcoming is the slow pace of change of attitudes in the minds of both men and women. In the main, men are reluctant to exchange their privileged positions for a fairer distribution of social justice and resources. And let us also admit that a lot of women, creatures of habit, are so conditioned that changing their attitudes towards themselves is taking longer than expected. We are dealing here with a backlog of deep psychological impediments in the minds of our people.
In South Africa it may be harder to shift the mindset than elsewhere as a result of inferiority that is embedded in the social psyche. But more than any other hurdle in the way to progress, is the failure to provide institutional infrastructure and resources that would provide both men and women with knowledge and tools that could work for us. Laws alone of our Statute Book do not reach our people. We need programmes that will both inform and empower society in the process of changing the conditions in which women find themselves, and in that way empower society itself.
The majority of women in my province, KwaZulu-Natal, are definitely not free. The majority live in poverty and many cannot read or write, like all other women in South Africa. They are poor and unemployed, or underemployed. It is painful to recount the catalogue of their inadequacies and their suffering. No matter how much we wish otherwise, women are poor - too poor, sometimes, even to set themselves free from oppressive marriages. They work very hard both at home and outside, but there’s still little value attached to their labour in the household and at work. They are then paid low wages compared to their counterparts.
Past discriminatory laws and traditional laws have denied women access to property and loans, which has hindered women’s ability to be self- sufficient. Take any sphere of life, be it health, education, housing, land and agriculture, the economy and all else, women have it hard. Then there are social factors that no good government can legislate against. I’m talking of male violence. But even here our Government has been slow in providing amenities such as sheltered accommodation for violated women that women all over so desperately need, especially African women, and education programmes such as counselling centres that can help men out of their violent tendencies …
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Hon member, your speaking time has expired.
Mrs L G NGCOBO: … Thank you. [Applause.]
Dr P J C NEL: Dankie, meneer die Voorsitter. U sal nou dalk wonder waarom moet dan nou juis die oudste lid van die NNP hierdie taak vandag verrig, en dít nogal ‘n man. Tot my skade en skande moet ek egter erken dat die NNP net deur mans in die Nasionale Raad van Provinsies verteenwoordig word. Dis ‘n skande.
Dit ten spyte, meneer die Voorsitter, die laaste Markinor-verslag het getoon dat vroue 60% tot 70% van die ondersteuningsbasis van my party uitmaak. Dit bevestig dat die NNP die regte boodskap uitstuur, en inderdaad wel erkenning gee aan die belangrike historiese bydrae wat die vroue van Suid-Afrika in die verlede gemaak het, en die belangrike rol wat hulle nog steeds in ons samelewing op byna elke terrein speel. My party is ook baie dankbaar dat daar sedert 1994 wel goeie vordering gemaak is met die erkenning van vroue-regte. Die vordering wat gemaak is, skiet egter nog ver tekort. (Translation of Afrikaans paragraphs follow.)
[Dr P J C NEL: Thank you, Mr Chairman. Perhaps you will wonder why the oldest member of the NNP has to perform this task today, and a man at that. To my dismay and disgrace I have to admit that the NNP is only represented by men in the National Council of Provinces. That is a disgrace.
In spite of that, Mr Chairman, the most recent Markinor report has indicated that women make up 60% to 70% of the support base of my party. It proves that the NNP is sending out the right message, and is indeed giving recognition to the important historical contribution made in the past by the women of South Africa, and to the important role they are still playing in almost every sphere of our society. My party is also very grateful that good progress has in fact been made about the good progress made since 1994 with regard to the recognition of women’s rights. However, the progress that has been made is still quite insufficient.]
If one looks at the latest figures on the issue of gender representation, it gives one a picture of how far we have come, as well as the shortcomings. Of the members in the National Assembly 31,3% are women. Women make up 24% of the management in the Public Service, while 21% of our ambassadors and high commissioners are female; 20% of our judges and 26% of our magistrates are female. The highest representation is amongst the deputy ministers, which is almost 50%.
Dit gaan egter nie net oor statistieke of syfers, of hoë poste wat vroue beklee nie. Dit gaan ook nie net oor die skrapping van wette of regulasies of konvensies wat vroue van hulle regte ontneem, of die maak van nuwe wette om hulle regte te beskerm nie, en dat die Grondwet van Suid-Afrika vroue- regte verseker nie. Maar hierdie regte moet eerder ‘n praktiese realiteit in die lewe van vroue in Suid-Afrika word. Vroue en kinders moet kan lewe in ‘n land waar hulle veilig voel, waar hulle nie elke dag hoef te vrees dat hulle slagoffers van geweldenaars of verkragters kan word nie, waar hulle nie hoef te vrees vir die veiligheid van hulle kinders in die skole nie, en waar hulle nie elke dag moet wonder waar hulle môre kos vir hulle gesinne gaan kry nie.
Ek was baie ontsteld om uit ‘n opname, wat onlangs gedoen is, te verneem dat 62% van vroue wat die broodwinners van gesinne is in uiterste armoede leef. Meer moet gedoen word om ‘n gunstige klimaat te skep wat entrepreneurskap onder hierdie vroue sal bevorder, en hulle die geleentheid sal gee om hulself te bemagtig en te wys wat hulle kan doen. Ek glo vas dat die bemagtiging van vroue veral in die platteland dan tot ‘n groot mate die antwoord tot die opheffing van armoede sal wees. Dit is nie net die vroue wat hulle in die hoogste raadsale en howe verteenwoordig wat die verskil maak nie - dit is ook belangrik - maar die opheffing van hulle wat ongeletterd is, en die slagoffers van armoede en gesinsgeweld is, is net so belangrik. Die bewusmaking van vroue in die platteland oor wat hulle regte is en volwasse-onderrig kan ‘n groot rol speel in die verbetering van die lewenskwaliteit van ons vroue-gesinne. (Translation of Afrikaans paragraphs follow.)
[However, it is not just about statistics or figures, or about high posts filled by women. It is also not just about repealing legislation or regulations on conventions depriving women of their rights, or the drafting of new legislation to protect their rights, or about the Constitution of South Africa ensuring women’s rights. These rights must become a practical reality in the lives of women in South Africa. Women and children must live in a country where they feel safe, where they don’t have to fear every day that they could become the victims of oppressors or rapists, where they don’t have to fear for the safety of their children in schools, and where they don’t have to wonder every day where they will get food for their families the next day.
I was very upset to learn from a recent survey that 62% of women who are the breadwinners of families live in extreme poverty. More should be done to create a favourable climate that will promote entrepreneurs among these women and give them the opportunity to empower themselves and to show what they are capable of. I firmly believe that the empowerment of women, especially in rural areas, will be the answer to the abolition of poverty. It is not only the women who represent them in the highest council chambers and courts who make the difference, that is also important, but the upliftment of those who are illiterate, who are the victims of poverty and domestic violence, is just as important. Making women in rural areas aware of their rights, as well as adult education, can play an important role in the improvement of the quality of life of our families headed by women.]
I say this because I have faith in the abilities and the courage of the women of South Africa. We admire them for the fact that recent studies have shown that many working women are single parents, and that working women are actually working one extra month every year. The average workload for a man is 68 hours per week, whilst that for a woman is 78 hours per week. In spite of that, a further study done by the Equal Opportunities Commission has shown that women are still earning far less than men. The report shows that women’s gross individual income is on average 51% less than that of men.
There are many other challenges that we still face, but the women of South Africa have shown that in the past, and still today, they do unite for what they believe in. I therefore believe that these challenges too will be overcome. I also believe that a healthy, happy family plays a pivotal role in the wellbeing of our women. To conclude, I would like to quote from an old Chinese proverb:
If there is light in the soul, there will be beauty in the person. If there is beauty in the person, there will be harmony in the house. If there is harmony in the house, there will be order in the nation. If there is order in the nation, there will be peace in the world.
Let us all pray to the Lord to fill our souls with light. I thank you. [Applause.]
The CHAIRPERSON OF THE NCOP: Deputy Chairperson, I think it is important to begin by saying that Deputy Minister Mapisa-Nqakula made an important point when she said that we cannot claim complete success, nor should we fail to acknowledge that there has been progress. I think it is vital to remind hon colleagues who believe otherwise that years of oppression and exploitation can never be ameliorated by nine years of a new democracy.
I would like to focus on how we might, as a country, engage in the very important task of ensuring that we do measure our progress towards equality in South Africa. A United Nations body, the Economic Commission for Africa, and its African Centre for Gender and Development, have undertaken an assessment programme called the African Gender and Development Index. The aim of this index is to provide an effective monitoring mechanism for gender equality. The results of this Africa-wide index will be contained in the African Women’s Report that is due out before the end of this year. This report is going to be an important tool for informing regional and global processes on the situation and status of women in Africa. The index measures gender equality and the changes in gender relations, as well as the effects of gender policies over the past 10 years. It has in it two parts - a gender status index and the African women’s progress scoreboard.
The gender status index is a measure of relative gender equality that captures those issues related to women’s empowerment that can be measured quantitatively. The status index is based on three blocks: social power, economic power and political power. For example, we could say “social power” includes indicators on education and health. “Economic power” includes indicators on income, time use and employment, and on access to resources. And “political power” includes indicators on women’s position in legislatures and the executive.
The African women’s progress scoreboard is a measure of government policy performance regarding women’s empowerment, and deals with the qualitative aspect of these issues. It’s main aim is to assess whether governments have complied with the various conventions and charters, such as CEDAW, the Beijing Platform of Action and the Nepad programmes that our governments have ratified. The scoreboard aims to capture the mechanisms that governments have to implement their gender policies. So, these indexes complement each other.
The Office on the Status of Women has undertaken the task of compiling the index for the Africa Economic Commission. The office has commissioned the Gender Research Programme of the Centre for Applied Legal Studies at the University of the Witwatersrand, under the leadership of Prof Cathy Albertyn, to draw up the status index and the women’s scoreboard. Their work is complete and is in the process of being considered by our Joint Monitoring Committee on the Improvement of Quality of Life and Status of Women here in Parliament. It is an immensely complex document, and of course, we cannot at this point do it the justice that it deserves. But I think as it is the best measure we are likely to have of the improvement of gender equality under the guidance of the ANC policy-making, it is appropriate to highlight some features.
Firstly, if we consider education as a component of social power at primary, secondary and tertiary levels in South Africa, the enrolment of girls and women is higher than the enrolment of boys and men. Of course there are still imbalances, for example, women outnumber men in the human sciences at universities and technikons, and men outnumber women in the natural sciences.
This tertiary level success is the product of a lower school drop-out rate for girls. This is a very unusual feature that we have in South Africa, because in most African countries more girls than boys drop out of school as a result of the unequal burden of caring that girls undertake in many African communities. The rates in South Africa are a feature of success that we must strive to maintain and extend.
Monitoring the drop-out trend is critical as this trend is an index of women’s ability to be productive in the labour market. The more girl matriculants there are, the larger the pool from which to draw for university and technikon students. All in all, over the past 10 years we have accelerated the trend of educating more girls and in the long term this will have a significant effect on employment and gender equity.
Secondly, let us consider economic empowerment. We have, as a country, committed ourselves to equal pay and to the elimination of gender discrimination and sexual harassment in the workplace, yet in practice much remains to be done. The first component in the category of economic power is wage income, and here women lag behind men in all sectors of the economy. The fact remains that women are more likely to be casual workers and low-paid workers.
Even in the Public Service, mean wages are lower for women than men. In the informal sector, which includes domestic workers, the gender-wage gap is even wider than in the formal sector. It is notoriously difficult, of course, to measure the amount of unpaid labour that women contribute at work and at home - such as the gentlemen asking us to make tea for them at work. But the African Gender and Development Index does consider it a crucial factor and it does measure time use and nonmarket activities.
Not surprisingly, there are still many more male than female employers in South Africa. More men than women take out loans from banks. More men than women are business partners and more men than women are part of business associations and business organisations.
Poverty and unemployment, then, are the greatest challenges we face, and women are more likely than men to be at the mercy of these twin threats. It is absolutely critical in our view that women farmers are given access to services that will assist them and their families to survive on the land. We also need to ensure that women are given equal access to land. The Department of Land Affairs has prioritised the removal of legal restrictions on such access. The policy is there; the implementation has to follow through. The various pieces of land legislation currently under discussion in Parliament will help us in this regard.
Thirdly, let us consider political power. There is no doubt that over the past 10 years the number of women in representative positions in public life has grown immensely. Look at our Parliament: In 1997, there were only eight women permanent delegates in the NCOP. In 2003 there are 20. Look at our Cabinet: Statistics show that in 1994 there were three women Cabinet Ministers out of a Cabinet of 27. In 2003 - and I correct my colleague here
- there are nine women Ministers out of a Cabinet of 29. [Applause.]
This is but one indication of South Africa’s commitment to gender equality. Another is the creation of a national gender machinery - the Office for the Status of Women in the Presidency. This machinery is for the advancement of women at all levels in our society. The establishment of such machinery was one of the objectives referred to in the 1995 Beijing Platform for Action.
Women’s full representation and participation in decision-making positions in government, in policy-making and in political parties can accelerate the transformation of gender relations in society, and it is this full participation that we should be fighting for. I think that on this indicator the ANC scores extremely well on the index, and South Africa broadly.
What are our challenges in the future? The progress towards gender equality in social and political power components of the index has clearly been very impressive, as colleagues have indicated in their contribution. Yet, a question remains: What has been the impact of gender-sensitive legislation on the lives of the majority of women?
Lots of laws that we pass have little or no impact on changing sexist attitudes at home, in the workforce or on the rugby field. Clearly, laws such as the Recognition of Customary Marriages Act of 1998 have promoted the equal status of women. This Act, in my view, is the most significant legislative recognition of equality to date. All existing customary marriages are fully recognised and wives should be enjoying full propriety capacity and an equal status with their husbands.
I think it is difficult to overestimate the significance of this Act. Yet a fundamental challenge remains in the passage of laws to protect women from gender-based violence and abuse. We have made some progress in this regard. Part of our response in South Africa was the Domestic Violence Prevention Act of 1998. This Act recognises that domestic violence is a serious social evil and an obstacle to achieving gender equality. It was a critical step towards making women feel safer than before and a critical step in giving effect to section 12(c) of the Constitution, which states that everyone has the right to be free from all forms of violence from either public or private sources.
I would like to conclude by reading a poem by Ingrid de Kock, who many regard as our most exciting living poet or poetess. The poem encapsulates and expresses women’s negotiating skills through a very traditional metaphor of women’s work. It is called Mending, and it can be found in her collection called Transfer.
In and out, behind, across. The formal gesture binds the cloth. The stitchery’s a surgeon’s rhyme, a Chinese stamp, a pantomime of print. Then spoor. Then trail of red, Scabs rise, stigmata from the thread. A cotton chronicle congealed, A histogram of welts and weals. The woman plies her ancient art, Her needle sutures as it darts, scoring, scripting, scarring, stitching, the invisible mending of the heart.
And it is this invisible mending at which women are the greatest, and may we strengthen such a skill. Thank you very much, Deputy Chair. [Applause.]
Ms R P MASHANGOANE: Mohlomphegi Motlatsa-Modulasetulo, ba lebetse gore Modulasetulo wa Ntlo ye ke Mmagorena Naledi Pandor. [Deputy Chairperson, they have forgotten that the Chairperson of this House is Ms Naledi Pandor.]
This ANC-led Government can be justifiably proud of its achievements in improving the quality of life of women since it came into power, especially in the areas of health and social development.
We can be unashamedly proud of the fact that our mothers now have access to affordable generic medicines, whereas previously they could not afford to pay brand-name prices. Our Government managed to get the cost of medicines lowered despite the challenge from large, US-based multinational pharmaceutical companies.
We can be proud that women can make decisions about the reproductive health of their own bodies, especially when faced with very difficult circumstances such as rape, sexual abuse, teenage pregnancies, poverty and incest. We know that in these and other difficult circumstances, women are often driven to find any means possible to rid themselves of unwanted pregnancies. For these and other reasons, this Government found it necessary to create a safe and protected environment in which to have an abortion without fear of intimidation and even death. It is in this context that the Choice on Termination of Pregnancy Act, Act 92 of 1996, allows for legal termination of pregnancy on request for all women in the first 12 weeks of pregnancy and, under certain defined circumstances, between 12 and 20 weeks. Termination of pregnancy services are provided free of charge.
Also in keeping with the increased recognition of reproductive rights of women, the Sterilisation Act, Act 44 of 1998, gives women the right to sterilisation. A person, including those who are disabled physically or mentally, may not be sterilised without her or his consent. In addition, the Act recognises that both women and men have a right to be informed of and have access to safe, effective, affordable and acceptable methods of fertility regulation.
Another programme that was set up to improve the health of women is the national guidelines for cervical cancer screening. These guidelines were set as a measure to reduce the incidence of cervical cancer by detecting and treating the preinvasive stage of the disease. According to the South African Yearbook 2002’s cancer registry, cervical cancer is the second most prevalent cancer in women and comprises 16% of all cancers.
We have tried to improve access to primary health care not only by improving the physical structure of the many poorly constructed public clinics and hospitals across the country, but also by improving the quality of care, access and increased availability of essential drugs needed to treat the poor. The budget for primary health care, which is usually the first port of call for poor women, has increased substantially over the past nine years. By current estimates, it should rise to R7 billion.
We have been confronted with a very dangerous, sometimes fatal, disease, in the form of HIV/Aids. Women and young people have been some of those who are more directly affected than any other group. The Department of Health’s 2003 National HIV and Syphilis Antenatal Sero-Prevalence Survey in South Africa 2002 says that, and I quote:
HIV/Aids continues to be one of the biggest challenges faced by South Africa today, alongside poverty, joblessness and other social ills that the Government is trying hard to eradicate. In 2001, it was estimated that 4,7 million South Africans were living with HIV and Aids, of whom 189 000 were babies. However, all of us remain affected. The challenges of preventing new infections, providing treatment to the infected and care to those who are in need of our compassion, remain.
In our war to combat this scourge, we have embarked upon initiatives such as the Partnership Against Aids programmes; Aids prevention and training programmes; HIV testing programmes in many clinics; wider condom distribution of about 450 million; widespread use of mass media, for example the LoveLife Programme; HIV testing for pregnant women; and, HIV/Aids home-based care and other initiatives.
The 2003-04 budget will add R3,3 billion over three years to speed up the prevention of mother-to-child transmission - PMTCT - and postexposure prophylaxis roll-out in order to strengthen treatment and initiatives over the medium term. Mothers are additionally cared for, when it comes to HIV, through the provision of the national maternity care guidelines that were launched in 2000 which deal with the prevention of opportunistic infection in HIV-positive mothers, and the provision of micronutrient supplements to help ensure the wellbeing of mothers.
Social Development, because of the initiative of the ANC-led Government, has continually expanded its mandate to accommodate, as far as possible, the sometimes overwhelming needs of the poor and most vulnerable. Already, Social Development’s share of the overall provisional Government expenditure has grown from 19,4% in 1999-2000 to an estimated 25,8% in 2005-
- The most vulnerable invariably include women, especially those in rural areas, who are the primary beneficiaries of social grants, welfare services and food relief programmes that are geared towards eradicating poverty, and have been this Government’s priority in the past nine years. Already beneficiary numbers have increased from 2,4 million in 1998 to more than 5,6 million in 2003.
The implementation of the child support grant has been particularly successful. There have been 5 million beneficiaries since the introduction of the grant, and that represents 19,2%. The phased-in extension of the child support grant to 14-year olds will add an additional 3,2 million children to the grant system. Other programmes for women are those which support the subsidisation of shelters for abused women and children and subsidised homes for older persons.
The challenge for Social Development is to improve on its welfare services and transformation programmes, which consistently receive the smallest budget allocations at national and provincial levels. In essence, this could mean that the Government is not providing sufficiently in the area of developmental services. The directorate has also been seriously … [Time expired.] [Applause.]
Mrs P NKONYENI (KwaZulu-Natal): Thank you, hon Chairperson and hon members. Chairperson, allow me to join the queue of all those who have congratulated our president, the President of the ANC Women’s League, Comrade Nosiviwe. I wish to say that your mandate is not only to lead emancipated ANC Women’s League members, but also to lead women from other political parties and formations, like women in the IFP and the DA, women of the African continent and women of the world.
I further congratulate the ANC Women’s League on pronouncing on the issue of Amina Lawal of Nigeria. I want to assure you, Comrade President, that as branches of the Women’s League we are also going to act, as requested by the office of our President and the NEC of the Women’s League, in terms of condemning the conviction of Amina Lawal.
I am very honoured today to participate in a debate which aims to review the challenges faced by South Africa and the achievements that have been made in terms of making the lives of women better. Today I stand here in this House pronouncing that I am a proud South African woman. I am a proud South African woman because the South African Constitution clearly promotes and affirms nonsexism and nonracism. It promotes unity, democracy and prosperity. South Africa is a signatory of most of the progressive international conventions, like Cedaw and the Beijing Platform for Action which aim to promote gender equality and equity globally.
I am a proud South African woman because the South African Government, led by the ANC, has put in place structures aimed at affirming nonsexism and gender equality - that is, the National Gender Machinery, which consists of the Women’s Empowerment Unit whose mandate is to empower women in the political institutions and to enhance their participation in democratic government; the Office on the Status of Women, under the presidency, whose mandate is to liaise with women in civil society, formulate the national gender policy and ensure its implementation; and the Commission on Gender Equality, a chapter 9 institution, whose mandate is to promote respect for gender equality and provide for the protection, development and attainment of gender equality.
I am a proud South African woman because in Parliament two committees have been established and are functioning very well, namely the multiparty women’s caucus and the Joint Monitoring Committee on Improvement of Quality of Life and Status of Women. They also promote gender equality and women’s empowerment in Parliament, in government departments and in the private sector.
I am a proud South African woman because the South African Government has promulgated different pieces of legislation which aim to make the lives of its women more meaningful. A few of the many pieces of legislation are the Maintenance Act, the Domestic Violence Act, the Recognition of Customary Marriages Act, the Sexual Offences Act, the Choice on Termination of Pregnancy Act.
I am a proud South African woman because our Government has put policies in place which have restored the dignity of women and Africans in general, for example, all corporations have to adhere to the black economic empowerment policy. The onus now is on women and black people to establish their own businesses, because the ANC-led Government has ensured that corporate boardrooms are opened to everyone through BEE.
Today we have Setas which have been established in order to capacitate and enhance the skills of the citizenry of South Africa in different sectors. I am a proud South African woman because South Africa as a country salutes its women on 9 August, that day having been declared a holiday as National Women’s Day. There are very few countries, if any, which have identified special days for women. [Applause.]
Mr D M KGWARE: Hon Chair, hon Deputy Minister and hon colleagues, I think we, as the Government, have achieved quite a lot in nine years. It must go on record that the ANC-led Government opened the doors and levelled the playing field.
The views expressed by the hon Deputy Minister and by other hon members do indeed demonstrate the evolution in terms of the accomplishments and emancipation of women in our country. Under the present democratic order, we have, in fact, also enunciated quite profoundly the challenges we still face in respect of the promotion of the quality of life and status of women.
As the ANC we have remained intolerant of the subjugation of women in all forms. In many respects, for instance in sport - and in arts and culture - men are still resistant to the quiet but certain encroachment of women in what was once a male-dominated domain. However, while men have traditionally written the script for women, so to speak, we have, since 1994, begun to look at women’s lives through gender-sensitive lenses. In fact, through sporting and cultural expression women have begun to announce themselves.
In the sporting arena the emergence of a new thinking on women’s participation in South Africa during the 1980s constituted a break from earlier thinking when women’s oppression was at the bottom of the hierarchy of oppressions, with national liberation taking priority. South African women have seized the moment to ensure that they are not left behind in the democratic South Africa.
Despite all forms of adversity, women have gained recognition in the sporting fraternity, and here we think of Hestrie Cloete, Ntombazana Setu, Natalie Du Toit and Ria Ledwaba. Other accomplishments include the tracking of women’s achievements by the SA Sports Commission, the inclusion of women in the traditionally male-dominated indigenous games of South Africa, and the proposal for the inclusion of the federation, with the best programme that promoted the women participation category, in the Presidential Sports Awards.
However, challenges remain, as the ANC feels that women’s sport should be treated as a serious business. In addition, there is a serious need to create more sports opportunities for women in rural areas and also in the informal settlements. We feel that a support programme for female athletes and administrators should be put in place for those involved in male- dominated sports and that, through Teta, capacity-building programmes could be started with assistance from the Skills Development Fund. Other challenges include the lack of adequate sponsorship and media support, and codes like netball being called a Cinderella sport, etc.
Yes, we do believe that through the numerous platforms that have been created women have succeeded in articulating a unity of purpose that was fairly absent under the previous, discriminatory political order.
With regard to its own programmes, the Department of Arts, Culture, Science and Technology has demonstrated, through generous grants, its commitment to exposing our women, especially our rural women, to our written and oral traditions. In this respect, we are grateful for the contribution made by nightingales such as Barbara Masekela, Miriam Makeba, Mimi Coertse, Sibongile Khumalo and the doyennes of literature such as Miriam Tladi, Nadine Gordimer, Zoe Wicomb and Delia Khan. We therefore have no doubt that South Africa’s development should also be judged by how we advance the causes of women. In so doing, we could ensure that those budding dancers, sculptors, singers, poets and painters in our townships and remote rural areas are exposed to the work of the cultural icons. We should tap into the hitherto hidden talents of lesser known artists. Moreover, we should place the development of these traditions at the centre of our art, culture and heritage scene.
Other challenges include promoting understanding of the benefits of writing and reciting in our indigenous languages in order to help our women carry themselves with dignity and confidence, and that copyright laws, public lending rights and reproduction rights are indeed gender sensitive.
In conclusion, women in our country have been communicating their grief, joy, knowledge and imagination through cultural activities over the past three centuries. In the ANC we believe that debates like this one, in which I have been fortunate enough to participate, will ensure its survival for prosperity. Malibongwe igama lamakhosikazi! [Praise the name of women.] [Applause.]
Ms B THOMSON: Deputy Chairperson, Deputy Minister, hon members and special delegates, we have now enjoyed almost 10 years of freedom in South Africa and, beyond any doubt, have laid the foundation to deal with the poverty and other unjust practices that we inherited from the apartheid government. It is, therefore, time that we looked back to see what we have done with regard to women and agriculture.
As correctly outlined in this year’s January 8 statement by our President, employment creation must be one of the central objectives of this growing economy, including a united action to push back the frontiers of poverty. The plan, among other things, will ensure quality service delivery, build investor confidence and foster food production and rural development. It will also ensure the creation of public and private partnerships, and ensure sustainable development. The aforementioned are ongoing as they also apply to the future. So, they are challenges that always lie ahead.
A major accomplishment in the agricultural sector is the implementation of the strategic plan in terms of which measurable objectives are outlined and key performance areas redefined to ensure and guarantee success in the implementation. The plan was agreed to between Government and the major farmers’ unions.
Cognisance should be taken of the fact that women are headed towards leading the agricultural sector in our country. With the Minister for Agriculture and Land Affairs being a woman and her director-general also a woman, we thus have gender-sensitive programmes, projects and such wonderful achievements and accomplishments in the national Ministry for Agriculture.
This bodes well for and is in line with the resolution made in the Beijing Declaration and Platform for Action. To support and encourage women in our country, we have annual awards for outstanding women in agriculture in which women, unlike in the olden days, are front-runners in getting things done with regard to service delivery.
In the past nine years we have also noted the big shift in land reform and gender policy, with women now being given security and equal rights with men with regard to ownership, control and use of land. The Government has already started to pursue a programme of active engagement within the African continent by using Nepad’s Comprehensive Africa Agriculture Development Programme and by using bilateral engagement as an entry point.
The challenge for agriculture in South Africa is to become more inclusive and equitable, while at the same time improving the levels of competitiveness and profitability. This is also supported by the outcomes of the World Summit on Sustainable Development, which was held in Johannesburg. This summit underpinned the need to achieve our growth objectives while managing and using natural resources sustainably. The farmer support and development programme was able to guide and support previously disadvantaged farmers and afforded them equitable access to resources for agricultural development, which included financial support through the rapid transformation in the Land Bank. Of particular significance here was the inclusion of women’s developmental initiatives without any gender infringements.
The BEE strategy in the agricultural sector, as adopted by Government, promoted and supported the participation of black people, women, the youth and people with disabilities in agriculture. That situation resulted in the alleviation of poverty, job creation and improvement in their lives. It is heartwarming to note that nationwide, that is in all nine provinces of our country, it is now women who are the front-runners in these new initiatives brought about by this new democracy.
The Government succeeded in establishing good relations, through consultation, with the signing of the transfrontier conservation agreements with Mozambique and Zimbabwe. This is an initiative where the countries jointly conserve and manage the use of natural, biological and cultural resources in a sustainable manner. This vision gives substance to the objectives of SADC which are aimed at promoting synergy in regional initiatives for economic, social and conservation benefits on the subcontinent.
Lastly, our Government legislated on the use of thicker plastic bags, which are suitable for recycling or reuse as the old ones were an environmental hazards and killed plants and animals. Our country is in a process of transition and is grappling head-on with the transformation of gender relations, and, as such, these are now our challenges, but not problems, which have been translated into national priorities.
Siyacela koobaba emakhaya nakulaba abalapha kule Ndlu ehloniphekile ukuthi bazi ukuthi siyabathanda futhi siyabahlonipha. Nabo sicela basithande, basihloniphe futhi basilekelele nasodlameni lolu olungaka olubhekiswe komama. Ngiyabonga. [Ihlombe.] (Translation of isiZulu paragraph follows.)
[We would like all our men at home and here in the House to know that we love them and that we respect them. We ask them also to love and respect us and to help us against the scourge of violence against women. Thank you. [Applause.]]
The DEPUTY MINISTER OF HOME AFFAIRS: Chairperson, I first want to thank all the members who participated in this debate. I would also like to thank you, hon members, for allowing me to share my thoughts and views on these matters in this House, the NCOP.
I would just like to make three quick points. Hon Themba mentioned the issue of gender focal points and the fact that these do not exist necessarily in all departments. But, I want to challenge the portfolio committee to exercise its oversight responsibility by engaging the departments concerned and engaging the Ministers to ensure that we do have these gender focal points in all departments. It is, indeed, the responsibility of the oversight committee to seriously engage members of the executive on these matters.
Hon Ngcobo mentioned the issue of poverty, which is a very critical issue in our country and on the entire continent. I think it is good that this issue should be raised in all the debates which we engage in, because if we have no appreciation of the nature of the ills in our society, in our country and on the continent, and that, in fact, poverty is at their centre, then we would not have an appreciation of our programmes of pushing back the frontiers of poverty. It is my view that we need, amongst other things, as members of Parliament, to assist our people to embark on programmes which can assist them to be self-sufficient, and also to assist them to access social welfare grants from our Government.
Comrade Naledi mentioned something very interesting, the issue of the scoreboard, which I found very interesting. She particularly mentioned the fact that at a social level, the drop-out rate for girls at schools has decreased. I think that that is something which we need to pride ourselves on as a nation, because this has been a problem, particularly here in Africa, where you would have young girls dropping out of school at a very early age because of circumstances really beyond their control. And, if we can decrease the drop-out rate of these young girls, it means that our nation is getting somewhere. It means that we are going to have a generation of young women who can take over the reigns of power in a South Africa that is even better than the one we live in now.
You also mentioned the issue of customary marriages, and I want to challenge hon members, despite the fact that we pass all this good and very progressive legislation in this Parliament, how do we empower our women to understand, appreciate and interpret some of these most progressive laws which we pass in this House so that they can have an appreciation of how they impact on their lives? Do they impact on them in a negative or positive way? How do we assist them? We talk about customary law, customary marriages and customary this and that, but how do we ensure that women do not get disadvantaged in the process; that even as we have these laws they do not get cheated and are empowered to understand their rights within that customary marriage? That’s the challenge for all of us who are public representatives.
The last issue that I would like to comment on is an issue that sounds
rhetorical and very poetic, but which I actually think is very good. Mama
Nkonyeni kept on saying, I'm proud to be a South African woman; I'm proud
to be a woman, just of my womanhood.'' I think that one of the major
challenges we face as a country is that of instilling in our children that
sense of pride and patriotism. If you listen to our children when they
speak and to some of the things that they imitate because they watch a lot
of movies and play a lot of these play-station games and so on, you
sometimes get a sense that you have a group of children who are likely to
really lose focus, lose touch and appreciation of what we here, as public
representatives, have been striving to get in South Africa.
Therefore it is important that as we bring our children up, we instil in
young girls this sense of pride that they should be proud to be young
girls, and that they should be proud to be women. They should be empowered
and educated as girl children so that they can lead a future South Africa.
But, we also need to instil in both young boys and girls this spirit of
patriotism, thatI am a South African’’. It is something that we need to
emphasise repeatedly and let it be rhetoric, so that our children can
really appreciate where we come from, what the future has for them; and
that, for this country to prosper, it depends solely on them. We cannot
achieve that unless they develop pride in the country, that is the spirit
of patriotism and the spirit of defending the gains of our revolution in
this country. I thank you. [Applause.]
Debate concluded.
FINANCIAL AND FISCAL COMMISSION AMENDMENT BILL
(Consideration of Bill and of Report thereon) Dr E A CONROY: Hon Chairperson, hon Minister and colleagues, the Financial and Fiscal Commission, or the FFC for short, established in terms of section 220 of the Constitution, is a juristic person. It is independent and subject only to the Constitution and the Financial and Fiscal Commission Act. It acts as a consultative body for, and makes recommendations and gives advice to, organs of state in the national, provincial and local spheres of government on fiscal and financial matters.
The FFC is part of a set of mechanisms for the establishment of policy and the balancing of countless interests of a modern, democratic and progressive nation-state. It is also a key participant in the debate on the equitable sharing of national revenue, and it pursues this mission in such a way that relevant stakeholders cannot at any point question its independence or impartiality.
The FFC’s key points of reference are, in the first instance, respect for the constitutional status of each sphere of government, ensuring that the letter and spirit of the constitutional principles always guide these recommendations; secondly, the Constitution’s Bill of Rights which mandates the provision of basic services to all citizens; and, lastly, key principles of good intergovernmental relations which have been outlined in detail in the extensive quality research and analysis activities for the facilitation of informed decisions.
The Financial and Fiscal Commission at all times studies and prepares its recommendations on the basis of a transparent relationship between principles, stated programme objectives, the examination of facts and analytical proficiency.
The proposed Bill is the result of constitutional amendments effected at the end of 2001 and signed into law on 14 December 2001. The need for this Bill arose as a result of an amendment initiated by Parliament, and it could could not be finalised in time for the 2002 parliamentary year given the heavy legislative workload. The specific constitutional provision could only take effect after the Bill was enacted.
The Bill seeks to amend the Financial and Fiscal Commission Act of 1997 so as to extend the functions of the FFC; to bring the number, and appointment procedure, of commission members in line with the Constitution, as amended by the Constitution of the Republic of South Africa Second Amendment Act, Act 61 of 2001, section 221, which reduced the number of FFC members from 22 to nine and changed the appointment procedure for these members; to alter certain procedures in respect of financial matters in order to bring the proposed amendments to sections 24 and 26 of the FFC Act into line with the Public Finance Management Act of 1999; to provide for matters connected therewith; and to effect certain consequential amendments and provide transitional arrangements.
Clause 1 of the Bill amends section 3 of the Financial and Fiscal Commission Act by proposing the insertion of a provision which will require any organ of state which intends to assign any power or function to an organ of state in another sphere of government to request the FFC’s advice on any financial implications of such an assignment. In terms of the proposed amendment, an assignment has no legal force until and unless the assigning organ of state has indicated to the commission the extent to which it has given consideration to the commission’s advice. Such assignments always have an impact on the division of revenue among the three spheres of government and often result in unfunded mandates.
It is therefore critical that the FFC always assess such assignments before they are effected and develop such capacity should it not have any. Any financial implications for the FFC will be subject to the normal budget allocation process, but the FFC could also consider charging transferring departments for such requests not anticipated at the time of the budget.
The commission until now consisted of a chairperson and a deputy chairperson who may be full-time members, nine persons nominated by the executive councils of each of the nine provinces, two persons nominated by Salga as representatives of organised local government, and nine other persons. The Bill proposes that the composition profile of the proposed nine members be a chairperson and a deputy chairperson, three persons selected after consulting the premiers from a list compiled in accordance with the process prescribed by national legislation, and two other persons.
This reduction in the number of members will promote greater cohesion within the FFC and enhance its responsibilities of making recommendations that inform intergovernmental policy-making processes, while avoiding any tendencies to bias such advice towards an individual province and/or vertical government sphere.
At the briefing to the select committee, the question was posed whether the formula of appointment of FFC commissioners would not undermine the authority of the weaker provinces. The Treasury’s response was that as the FFC is not a decision-making body and only makes recommendations to Parliament and the executive, weaker provinces will still remain free to raise specific instances of neglect during parliamentary hearings or through the National Council of Provinces.
It is clear that the intention of the amendments is not to change the powers and/or functions of the FFC, but that the purpose of the Bill is merely to outline the process that has to be followed. The Bill has no financial implications for the state.
In conclusion, I request the House, on behalf of the Select Committee on Finance, to support the Bill with the amendments proposed by the Treasury on 19 August 2003. I thank you. [Applause.]
Debate concluded.
The DEPUTY CHAIRPERSON OF COMMITTEES: Order! I shall now put the question and the question is that the Bill, B21D-2003, be agreed to. As this decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the Chamber to cast their provinces’ votes. It looks as if they are all present. In accordance with Rule 71, I shall first allow provinces the opportunity to make their declarations of vote if they so wish. There are none.
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 of, or against, or abstain from voting. Eastern Cape?
Ms P C P MAJODINA: We vote in favour.
The DEPUTY CHAIRPERSON OF COMMITTEES: Free State?
Mr T S SETONA: We vote in favour.
The DEPUTY CHAIRPERSON OF COMMITTEES: Gauteng?
Ms D M RAMODIBE: Gauteng e a dumela. [Gauteng agrees.]
The DEPUTY CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?
Mrs J N VILAKAZI: Ke wa rona. [KwaZulu-Natal supports.]
The DEPUTY CHAIRPERSON OF COMMITTEES: Limpopo?
Mr M I MAKOELA: Re a o thekga. [We support.]
The DEPUTY CHAIRPERSON OF COMMITTEES: Northern Cape?
Ms E N LUBIDLA: Siyavuma. [We agree.]
The DEPUTY CHAIRPERSON OF COMMITTEES: Mpumalanga?
Ms M P THEMBA: Siyawuxhasa. [We support it.]
The DEPUTY CHAIRPERSON OF COMMITTEES: North West?
Mr Z S KOLWENI: North West ke wa rona. [North West supports.]
The DEPUTY CHAIRPERSON OF COMMITTEES: Western Cape?
Ms S NTWANAMBI: Siyavuma. [We agree.] The DEPUTY CHAIRPERSON OF COMMITTEES: All nine provinces voted in favour. I therefore declare the Bill agreed to in terms of section 65 of the Constitution. [Applause.]
SPECIAL PENSIONS AMENDMENT BILL
(Consideration of Bill and of Report thereon.)
Mr M I MAKOELA: Hon Deputy Chairperson, this is a statement on the Special Pensions Amendment Bill, Bill 35. It is with a sense of occasion that I speak on behalf of the finance committee on the amendments to a very special and crucial piece of legislation which was originally passed in the national Parliament in November 1996.
Members will recall that the original Bill, the Special Pensions Act of 1996, provided for the payment of special pensions to persons or their eligible dependants who made sacrifices or served the public interest in the course of establishing a nonracial democratic constitutional order in the Republic of South Africa. These are the people who, as a result of their devotion to the struggle for a free and democratic South Africa, were prevented from providing for their own pensions. The implementation of this Act has had and continues to have a significant impact on their lives and the lives of many deserving people in the country.
In 1998 however, the national Parliament adopted an amendment to this legislation to improve the delivery of benefits under this Act. Today, again, the national Parliament is expected to pass a second round of amendments to this piece of legislation which mainly deals with administrative matters in order to facilitate and expedite the ongoing implementation of the Act. It may as well be noted that, with many people, it was through this pension only that they were able to survive and are still surviving.
The main objectives of this amending Bill before the NCOP today are as follows. It is to allow the Special Pensions Board to acknowledge and receive late applications. This will open opportunities for all persons who meet the qualification criteria as prescribed by the Act, but were left out because of the cut-off date for submitting applications. In other words, there are many potential beneficiaries who are not yet on the Special Pensions payroll. The Special Pensions Department has set up a dedicated research unit whose task is to identify those people who ought to qualify. Here we need to think about those people who died in detention and others who were, at the time, imprisoned.
We also learned that the Robben Island Museum is working on a detailed register of everyone who came through their doors so as to produce a comprehensive list of ex-political prisoners. We still do not have the full details of those who were in the camps and those who were in exile.
Secondly, to prescribe the quorum, the Bill deals with the prescription of the quorum for any meeting of the board. The Act requires that the board be established with five members, but it does not provide guidelines as to what constitutes a quorum for purposes of regulating meetings of the board. The Bill also removes the limitations of the board’s existence to four years after the commencement of the date of the Act and to validate the continued operation of the board. This is necessary since the board has not yet completed its activities. The board will cease to exist as soon as it has completed its activities.
The Bill removes the requirement that one member of the review board must be an actuary. This will save the cost of paying an actuary to sit in on every appeal because the review process does not require actuarial expertise. The normal, three-year cycle, actuarial valuation of the entire Special Pension Scheme, like any other pension scheme, will still be performed. This is separate from the review process itself. Further, the review board may seek actuarial advice on an ad hoc basis if and whenever it is necessary.
The Bill amends the definition of “military service” so as to include military service or training performed or undergone in the former nonstatutory forces, that is, the military forces of the former then political organisations, as contemplated in the Special Pensions Act.
The current definition excludes persons who performed military service or undertook military training in the former nonstatutory forces, but are not entitled to special pensions benefits.
Lastly, the Bill seeks to effect technical corrections and to provide for the retrospective effect of certain amendments so as to ensure the smooth running of the administration and the effective and efficient processing of applications for benefits. We may also bear in mind that this Bill is not the final amending Bill. Additional fine-tuning is required and this Bill before us is simply a Bill to facilitate the workings of the Special Pensions Board in certain matters once a more comprehensive review is completed.
To those of us who have been waiting patiently for a long time, please do not despair because these amendments will offer measurable relief for our comrades. The Select Committee on Finance endorses the amended Special Pensions Amendment Bill and calls on members of the NCOP to vote in favour of this section 75 Bill. I thank you. [Applause.]
Debate concluded.
Bill agreed to in accordance with section 75 of the Constitution.
The Council adjourned at 16:17. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
WEDNESDAY, 3 SEPTEMBER 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Introduction of Bills:
(1) The Minister of Home Affairs:
(i) South African Citizenship Amendment Bill [B 55 - 2003]
(National Assembly - sec 75) [Explanatory summary of Bill and
prior notice of its introduction published in Government
Gazette No 25420 of 1 September 2003.]
Introduction and referral to the Portfolio Committee on Home
Affairs of the National Assembly, as well as referral to the Joint
Tagging Mechanism (JTM) for classification in terms of Joint Rule
160, on 3 September 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) The Minister of Social Development on 14 August 2003 submitted
the following Bills:
(i) Social Assistance Bill, 2003.
(ii) Children's Bill, 2003.
(iii) Older Persons Bill, 2003.
Referred to the Portfolio Committee on Social Development and the
Select Committee on Social Services.
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 3 September 2003 and
transmitted for concurrence:
(i) Armaments Corporation of South Africa, Limited Bill [B 18B
- 2003] (National Assembly - sec 75).
The Bills have been referred to the Select Committee on Security
and Constitutional Affairs of the National Council of Provinces.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister for Provincial and Local Government:
Reasons for the Declaration of a State of Disaster in the Ehlanzeni
District Municipality: Mpumalanga Province, in terms of section 2(4) of
the Civil Protection Act, 1977 (Act No 67 of 1977).
- The Minister of Arts, Culture, Science and Technology:
(a) Report and Financial Statements of The Afrikaans Language Museum
for 2002-2003, including the Report of the Auditor-General on the
Financial Statements for 2002-2003.
(b) Report and Financial Statements of the Voortekker and Ncome
Museums for 2002-2003, including the Report of the Auditor-General
on the Financial Statements for 2002-2003.
(c) Report and Financial Statements of the Performing Arts Centre of
the Free State (PACOFS) for 2002-2003, including the Report of the
Independent Auditors on the Financial Statements for 2002-2003.
(d) Report and Financial Statements of the Africa Institute of South
Africa for 2002-2003, including the Report of the Auditor-General
on the Financial Statements for 2002-2003.
(e) Report and Financial Statements of the Artscape for 2002-2003,
including the Report of the Independent Auditors on the Financial
Statements for 2002-2003.
(f) Report and Financial Statements of the Robben Island Museum for
2002-2003, including the Report of the Auditor-General on the
Financial Statements for 2002-2003 [RP 149-2003].
(g) Report and Financial Statements of the Natal Museum for 2002-
2003.
(h) Report and Financial Statements of the National Research
Foundation for 2002-2003, including the Report of the Auditor-
General on the Financial Statements for 2002-2003.
(i) Report and Financial Statements of the National Arts Council for
2002-2003, including the Report of the Auditor-General on the
Financial Statements for 2002-2003.
(j) Report and Financial Statements of the National Zoological
Gardens of South Africa for 2002-2003, including the Report of the
Auditor-General on the Financial Statements for 2002-2003 [RP 148-
2003].
(k) Report and Financial Statements of the Freedom Park Trust for
2002-2003, including the Report of the Auditor-General on the
Financial Statements for 2002-2003.
(l) Report and Financial Statements of the Iziko Museums of Cape
Town for 2002-2003, including the Report of the Auditor-General on
the Financial Statements for 2002-2003 [RP 119-2003].
(m) Report and Financial Statements of the Human Sciences Research
Council (HSRC) for 2002-2003, including the Report of the Auditor-
General on the Financial Statements for 2002-2003 [RP 60-2003].
(n) Report and Financial Statements of Business and Arts South
Africa, including the Report of the Independent Auditors on the
Financial Statements for 2002-2003.
COMMITTEE REPORTS:
National Council of Provinces:
CREDA INSERT - Insert “ATC0903E” - PAGES 914 TO PAGE 915
THURSDAY, 4 SEPTEMBER 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Introduction of Bills:
(1) The Minister of Environmental Affairs and Tourism:
On request of the Minister the following Bill was introduced by
the Select Committee on Land and Environmental Affairs in the
National Council of Provinces:
(i) National Environmental Management Second Amendment Bill [B
56 - 2003] (National Council of Provinces - sec 76) [Bill and
prior notice of its introduction published in Government
Gazette No 25289 of 1 August 2003].
Introduction and referral to the Select Committee on Land and
Environmental Affairs of the National Council of Provinces, as
well as referral to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160, on 5 September 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.
(2) The Minister of Social Development:
(i) Social Assistance Bill [B 57 - 2003] (National Assembly -
sec 76) [Explanatory summary of Bill and prior notice of its
introduction published in Government Gazette No 25340 of 8
August 2003.]
Introduction and referral to the Portfolio Committee on Social
Development of the National Assembly, as well as referral to the
Joint Tagging Mechanism (JTM) for classification in terms of Joint
Rule 160, on 5 September 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.
TABLINGS:
National Assembly and National Council of Provinces: Papers:
- The Minister of Defence:
Report and Financial Statements of Vote No 21 - Department of Defence
for 2002-2003, including the Report of the Auditor-General on the
Financial Statements for 2002-2003 [RP 145-2003].
- The Minister for Justice and Constitutional Development:
Report and Financial Statements of the National Prosecuting Authority
for 2002-2003, including the Report of the Auditor-General on the
Financial Statements for 2002-2003.
FRIDAY, 5 SEPTEMBER 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Translations of Bills submitted:
(1) The Minister of Trade and Industry:
(i) Molaotlhomo oo Akaretsang go Abela Bantsho Dithatha tsa
Merero ya Ikonomi [B 27 - 2003] (National Assembly - sec 75).
This is the official translation into Setswana of the Broad-Based
Black Economic Empowerment Bill [B 27 - 2003] (National Assembly -
sec 75).
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 5 September 2003 and
transmitted for concurrence:
(i) National Health Bill [B 32B - 2003] (National Assembly -
sec 76).
The Bill has been referred to the Select Committee on Social
Services of the National Council of Provinces.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Finance:
(a) Agreement between the Government of the Republic of South Africa
and the Government of the Republic of Rwanda for the Avoidance of
Double Taxation and the Prevention of Fiscal Evasion in respect of
taxes on income, tabled in terms of section 231(2) of the
Constitution, 1996.
(b) Explanatory Memorandum on the Agreement between the Government
of the Republic of South Africa and the Government of the Republic
of Rwanda for the Avoidance of Double Taxation and the Prevention
of Fiscal Evasion in respect of taxes on income.
(c) Agreement between the Government of the Republic of South Africa
and the Government of the Republic of Botswana for the Avoidance
of Double Taxation and the Prevention of Fiscal Evasion in respect
of taxes on income, tabled in terms of section 231(2) of the
Constitution, 1996.
(d) Explanatory Memorandum on the Agreement between the Government
of the Republic of South Africa and the Government of the Republic
of Botswana for the Avoidance of Double Taxation and the
Prevention of Fiscal Evasion in respect of taxes on income.
(e) Agreement between the Government of the Republic of South Africa
and the Government of the Sultanate of Oman for the Avoidance of
Double Taxation and the Prevention of Fiscal Evasion in respect of
taxes on income, tabled in terms of section 231(2) of the
Constitution, 1996.
(f) Explanatory Memorandum on the Agreement between the Government
of the Republic of South Africa and the Government of the
Sultanate of Oman for the Avoidance of Double Taxation and the
Prevention of Fiscal Evasion in respect of taxes on income.
(g) Agreement between the Government of the Republic of South Africa
and the Government of the Republic of Belarus for the Avoidance of
Double Taxation and the Prevention of Fiscal Evasion in respect of
taxes on income and on capital (property), tabled in terms of
section 231(2) of the Constitution, 1996.
(h) Explanatory Memorandum on the Agreement between the Government
of the Republic of South Africa and the Government of the Republic
of Belarus for the Avoidance of Double Taxation and the Prevention
of Fiscal Evasion in respect of taxes on income and on capital
(property).
- The Minister for Water Affairs and Forestry:
(a) Report and Financial Statements of the Water Research Commission
for 2002-2003, including the Report of the Auditor-General on the
Financial Statements for 2002-2003 [RP 116-2003].
(b) Report and Financial Statements of the Trans Caledon Tunnel
Authority for 2002-2003, including the Report of the Independent
Auditors for 2002-2003.
MONDAY, 8 SEPTEMBER 2003
ANNOUNCEMENTS: National Assembly and National Council of Provinces:
- Translations of Bills submitted:
(1) The Minister of Finance:
(i) Wysigingswetsontwerp op Spesiale Pensioene [W 3 - 2003]
(National Assembly - sec 75).
This is the official translation into Afrikaans of the Special
Pensions Amendment Bill [B 3 - 2003] (National Assembly - sec
75).
(ii) Wysigingswetsontwerp op die "Government Employees Pension
Law" [W 4 - 2003] (National Assembly - sec 75).
This is the official translation into Afrikaans of the
Government Employees Pension Law Amendment Bill [B 4 - 2003]
(National Assembly - sec 75).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Finance:
(a) Multi-Annual Indicative Programme and Country Strategic Paper
between the Government of the Republic of South Africa and the
European Community for 2003-2006, tabled in terms of section
231(3) of the Constitution, 1996.
(b) Explanatory Memorandum to the Multi-Annual Indicative Programme
and Country Strategic Paper between the Government of the Republic
of South Africa and the European Community for 2003-2006.
(c) Agreement between the Government of the Republic of South Africa
and the Government of the Federal Republic of Germany concerning
Financial Cooperation - Rural Electrification, tabled in terms of
section 231(3) of the Constitution, 1996.
(d) Explanatory Memorandum to the Agreement between the Government
of the Republic of South Africa and the Government of the Federal
Republic of Germany concerning Financial Cooperation - Rural
Electrification.
- The Minister of Labour:
(a) Report and Financial Statements of the Unemployment Insurance
Fund for 2002-2003, including the Report of the Auditor-General on
the Financial Statements for 2002-2003 [RP 73-2003].
(b) Report and Financial Statements of the Compensation Fund for
2002-2003, including the Report of the Auditor-General on the
Financial Statements for 2002-2003 [RP 74-2003].
(c) Report and Financial Statements of the National Economic
Development and Labour Council for 2002-2003, including the Report
of the Independent Auditors for 2002-2003.
(d) Report and Financial Statements of the Public Sector Education
and Training Authority (PSETA) for 2002-2003, including the Report
of the Auditor-General on the Financial Statements for 2002-2003
[RP 91-2003].
TUESDAY, 9 SEPTEMBER 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Classification of Bills by Joint Tagging Mechanism:
(1) The Joint Tagging Mechanism (JTM) on 1 September 2003 in terms
of Joint Rule 160(3), classified the following Bill as a section
75 Bill:
(i) General Intelligence Laws Amendment Bill [B 47 - 2003]
(National Assembly - sec 75).
(2) The Joint Tagging Mechanism (JTM) on 9 September 2003 in terms
of Joint Rule 160(4), classified the following Bill as a section
76 Bill:
(i) South African Social Security Agency Bill [B 51 - 2003]
(National Assembly - sec 76).
- Introduction of Bills:
(1) The Minister for Provincial and Local Government:
(i) Traditional Leadership and Governance Framework Bill [B 58
- 2003] (National Assembly - sec 76) [Explanatory summary of
Bill and prior notice of its introduction published in
Government Gazette No 25437 of 4 September 2003.]
Introduction and referral to the Portfolio Committee on
Provincial and Local Government of the National Assembly, as well
as referral to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160, on 10 September 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.
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) Bills passed by National Assembly on 9 September 2003 and
transmitted for concurrence:
(i) Petroleum Pipelines Bill [B 22B - 2003] (National Assembly
- sec 75).
(ii) Petroleum Products Amendment Bill [B 25B - 2003] (National
Assembly - sec 75).
The Bills have been referred to the Select Committee on Economic
and Foreign Affairs of the National Council of Provinces.
(iii) Criminal Procedure Amendment Bill [B 57B - 2002] (National
Assembly - sec 75).
(iv) Promotion of National Unity and Reconciliation Amendment
Bill [B 34B - 2003] (National Assembly - sec 75).
The Bills have been referred to the Select Committee on Security
and Constitutional Affairs of the National Council of Provinces.
- The Chairperson:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(1) The following paper is referred to the Select Committee on
Labour and Public Enterprises, the Select Committee on Economic
and Foreign Affairs and the Select Committee on Security and
Constitutional Affairs:
Report and Financial Statements of the Diplomacy, Intelligence,
Defence and Trade Education and Training Authority (DIDTETA) for
2002-2003, including the Report of the Independent Auditors for
2002-2003 [RP 94-2003].
(2) The following papers are referred to the Select Committee on
Labour and Public Enterprises and the Select Committee on Economic
and Foreign Affairs:
(a) Report and Financial Statements of the Mining
Qualifications Authority for 2002-2003, including the Report
of the Auditor-General on the Financial Statements for 2002-
2003.
(b) Report and Financial Statements of the Chemical Industries
Education and Training Authority for 2002-2003, including the
Report of the Auditor-General on the Financial Statements for
2002-2003 [RP 147-2003].
(3) The following papers are referred to the Select Committee on
Labour and Public Enterprises and the Select Committee on Finance:
(a) Report and Financial Statements of the Financial and
Accounting Services Sector Education and Training Authority
(FASSET) for 2002-2003, including the Report of the Auditor-
General on the Financial Statements for 2002-2003 [RP 75-
2003].
(b) Report and Financial Statements of the Bank Sector
Education and Training Authority for 2002-2003, including the
Report of the Auditor-General on the Financial Statements for
2002-2003 [RP 84-2003].
(c) Report and Financial Statements of the Insurance Sector
Education and Training Authority for 2002-2003, including the
Report of the Auditor-General on the Financial Statements for
2002-2003 [RP 79-2003].
(4) The following papers are referred to the Select Committee on
Labour and Public Enterprises and the Select Committee on Land and
Environmental Affairs:
(a) Report and Financial Statements of the Forest Industries
Education and Training Authority for 2002-2003, including the
Report of the Auditor-General on the Financial Statements for
2002-2003 [RP 78-2003].
(b) Report and Financial Statements of the Primary Agriculture
Education and Training Authority for 2002-2003, including the
Report of the Auditor-General on the Financial Statements for
2002-2003 [RP 109-2003].
(c) Report and Financial Statements of the Sector Education
and Training Authority for Secondary Agriculture for 2002-
2003, including the Report of the Auditor-General on the
Financial Statements for 2002-2003 [RP 99-2003].
(5) The following papers are referred to the Select Committee on
Labour and Public Enterprises and the Select Committee on
Economic and Foreign Affairs:
(a) Report and Financial Statements of the Clothing, Textiles,
Footwear and Leather Sector Education and Training Authority
for 2002-2003, including the Report of the Auditor-General on
the Financial Statements for 2002-2003 [RP 76-2003].
(b) Report and Financial Statements of the Food and Beverage
Manufacturing Sector Education and Training Authority for 2002-
2003, including the Report of the Auditor-General on the
Financial Statements for 2002-2003 [RP 95-2003].
(c) Report and Financial Statements of the Wholesale and
Retail Sector Education and Training Authority for 2002-2003,
including the Report of the Auditor-General on the Financial
Statements for 2002-2003. [RP 83-2003].
(d) Report and Financial Statements of the Manufacturing,
Engineering and Related Services Sector Education and Training
Authority for 2002-2003, including the Report of the Auditor-
General on the Financial Statements for 2002-2003 [RP 90-
2003].
(6) The following papers are referred to the Select Committee on
Labour and Public Enterprises:
(a) Report and Financial Statements of the Media, Advertising,
Publishing, Printing and Packaging Sector Education and
Training Authority (MAPPP) for 2002-2003.
(b) Report and Financial Statements of the Information
Systems, Electronics and Telecommunications Technologies
Sector Education and Training Authority for 2002-2003,
including the Report of the Auditor-General on the Financial
Statements for 2002-2003 [RP 96-2003].
(7) The following papers are referred to the Select Committee on
Labour and Public Enterprises and the Select Committee on Public
Services:
(a) Report and Financial Statements of the Transport Education
and Training Authority for 2002-2003, including the Report of
the Auditor-General on the Financial Statements for 2002-2003
[RP 87-2003].
(b) Report and Financial Statements of the Construction
Education and Training Authority for 2002-2003, including the
Report of the Auditor-General on the Financial Statements for
2002-2003 [RP 85-2003].
(8) The following paper is referred to the Select Committee on
Labour and Public Enterprises and the Select Committee on
Education and Recreation:
Report and Financial Statements of the Education, Training and
Development Practices Sector Education and Training Authority for
2002-2003, including the Report of the Auditor-General on the
Financial Statements for 2002-2003 [RP 121-2003].
(9) The following paper is referred to the Select Committee on
Labour and Public Enterprises and the Select Committee on Social
Services:
Report and Financial Statements of the Health and Welfare Sector
Education and Training Authority for 2002-2003, including the
Report of the Auditor-General on the Financial Statements for 2002-
2003 [RP 88-2003].
(10) The following paper is referred to the Select Committee on
Labour and Public Enterprises and the Select Committee on Local
Government and Administration:
Report and Financial Statements of the Local Government, Water and
Related Services Sector Education and Training Authority for 2002-
2003, including the Report of the Auditor-General on the Financial
Statements for 2002-2003 [RP 89-2003].
(11) The following paper is referred to the Select Committee on
Labour and Public Enterprises and the Select Committee on Security
and Constitutional Affairs:
Report and Financial Statements of the Police, Security, Legal,
Justice and Correctional Services Sector Education and Training
Authority for 2002-2003, including the Report of the Auditor-
General on the Financial Statements for 2002-2003 [RP 98-2003].
(12) The following paper is referred to the Select Committee on
Labour and Public Enterprises:
Report and Financial Statements of the Services Sector Education
and Training Authority for 2002-2003, including the Report of the
Auditor-General on the Financial Statements for 2002-2003 [RP 82-
2003].
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
(a) Report of the Secretary to Parliament for 2002.
(b) Report of the Auditor-General on a Forensic Audit Investigation
into the sale of nonferrous scrap metal products at Transnet
Limited [RP 179-2003].
- The Minister of Arts, Culture, Science and Technology:
(a) Report and Financial Statements of the National Library of South
Africa for 2001-2002, including the Report of the Auditor-General
on the Financial Statements for 2001-2002.
(b) Report and Financial Statements of the Spoornet State Theatre
for 2002-2003, including the Report of the Independent Auditor for
2002-2003.
- The Minister of Water Affairs and Forestry:
Report and Financial Statements of Vote No 33 - Department of Water
Affairs and Forestry for 2002-2003, including the Report of the Auditor-
General on the Financial Statements for 2002-2003 [RP 54-2003].
WEDNESDAY, 10 SEPTEMBER 2003
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Education:
Report and Financial Statements of the Education Labour Relations
Council for 2002 [RP 85-2002].
-
The Minister of Minerals and Energy: Report and Financial Statements of the South African Diamond Board for 2002-2003, including the Report of the Auditor-General on the Financial Statements for 2002-2003 [RP 127-2003].
-
The Minister of Health:
Report and Financial Statements of Vote No 16 - Department of Health
for 2002-2003, including the Report of the Auditor-General on the
Financial Statements for 2002-2003 [RP 151-2003].
THURSDAY, 11 SEPTEMBER 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Introduction of Bills:
(1) The Minister of Finance:
(i) Pensions Second (Supplementary) Bill [B 59 - 2003]
(National Assembly - sec 77).
Introduction and referral to the Portfolio Committee on Finance of
the National Assembly, as well as referral to the Joint Tagging
Mechanism (JTM) for classification in terms of Joint Rule 160, on
11 September 2003.
In terms of Joint Rule 154 written views on the classification of
the Bills may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
National Council of Provinces:
- Messages from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council:
(1) Bills passed by National Assembly on 11 September 2003 and
transmitted for concurrence:
(i) Local Government: Municipal Finance Management Bill [B 1B
- 2002] (National Assembly - sec 75).
(ii) Special Pensions Amendment Bill [B 3 - 2003] (National
Assembly - sec 75).
(iii) Government Employees Pension Law Amendment Bill [B 4B -
2003] (National Assembly - sec 75).
The Bills have been referred to the Select Committee on Finance of
the National Council of Provinces.
(iv) Local Government: Municipal Systems Amendment Bill [B 49B
- 2003] (National Assembly - sec 75).
The Bill has been referred to the Select Committee on Local
Government and Administration of the National Council of
Provinces.
(v) Postal Services Amendment Bill [B 40 - 2003] (National
Assembly - sec 75).
The Bill has been referred to the Select Committee on Labour and
Public Enterprises of the National Council of Provinces.
FRIDAY, 12 SEPTEMBER 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Classification of Bills by Joint Tagging Mechanism:
(1) The Joint Tagging Mechanism (JTM) on 12 September 2003 in terms
of Joint Rule 160(3), classified the following Bills as section 75
Bills:
(i) Superior Courts Bill [B 52 - 2003] (National Assembly -
sec 75).
(ii) Agricultural Produce Agents Amendment Bill [B 53 - 2003]
(National Assembly - sec 75).
(iii) Electoral Laws Amendment Bill [B 54 - 2003] (National
Assembly - sec 75).
- Draft Bills submitted in terms of Joint Rule 159:
(1) Road Accident Fund Amendment Bill, 2003, submitted by the
Minister of Transport on 8 September 2003. Referred to the
Portfolio Committee on Transport and the Select Committee on
Public Services. TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Education:
Report and Financial Statements of the South African Qualifications
Authority for 2002-2003, including the Report of the Independent
Auditors for 2002-2003. [RP 115-2003].
- The Minister of Finance:
Government Notices No R1208 and R1209 published in Government Gazette
No 25370 dated 29 August 2003: Amendment of Regulations in terms of the
Long-Term Insurance Act, 1998 (Act No 52 of 1998).
-
The Minister of Arts, Culture, Science and Technology: Report and Financial Statements of the South African Blind Workers Organisation for 2002-2003, including the Report of the Independent Auditors for 2002-2003.
-
The Minister of Public Enterprises:
Report and Financial Statements of Transnet Limited for 2002-2003,
including the Report of the Independent Auditors for 2002-2003.
- The Minister of Sport and Recreation:
Report and Financial Statements of Vote No 19 - Department of Sport and
Recreation for 2002-2003, including the Report of the Auditor-General
on the Financial Statements for 2002-2003.
COMMITTEE REPORTS:
National Council of Provinces:
CREDA PLEASE INSERT ATCs - PAGE 1042 TO PAGE 1058 - Insert ATC0912e
MONDAY, 15 SEPTEMBER 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Classification of Bills by Joint Tagging Mechanism:
(1) The Joint Tagging Mechanism (JTM) on 15 September 2003 in terms
of Joint Rule 160(3), classified the following Bill as a section
75 Bill:
(i) South African Citizenship Amendment Bill [B 55 - 2003]
(National Assembly - sec 75).
(2) The Joint Tagging Mechanism (JTM) on 15 September 2003 in terms
of Joint Rule 160(4), classified the following Bills as section 76
Bills:
(i) National Environmental Management Second Amendment Bill [B
56 - 2003] (National Council of Provinces - sec 76).
(ii) Social Assistance Bill [B 57 - 2003] (National Assembly -
sec 76). 2. Introduction of Bills:
(1) The Minister for Justice and Constitutional Development:
(i) Constitution of the Republic of South Africa Amendment
Bill [B 60 - 2003] (National Assembly - sec 74) [Bill and
prior notice of its introduction published in Government
Gazette No 25302 of 4 August 2003.]
Introduction and referral to the Portfolio Committee on Justice
and Constitutional Development of the National Assembly, as well
as referral to the Joint Tagging Mechanism (JTM) for
classification in terms of Joint Rule 160, on 16 September 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.
- Translations of Bills submitted:
(1) The Minister for Agriculture and Land Affairs:
(i) Wysigingswetsontwerp op Deeltitels [W 43 - 2003] (National
Assembly - sec 75).
This is the official translation into Afrikaans of the Sectional
Titles Amendment Bill [B 43 - 2003] (National Assembly - sec 75). TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Finance:
Report and Financial Statements of the Development Bank of Southern
Africa Limited for 2002-2003, including the Report of the Independent
Auditors for 2002-2003.
- The Minister of Arts, Culture, Science and Technology:
(a) Membership to the Statutes of the International Centre for
Genetic Engineering and Biotechnology, tabled in terms of section
231(2) of the Constitution, 1996.
(b) Explanatory Memorandum to the Statutes of the International
Centre for Genetic Engineering and Biotechnology.
- The Minister of Trade and Industry:
Report and Financial Statements of the South African Bureau of
Standards (SABS) for 2002-2003, including the Report of the Auditor-
General on the Financial Statements for 2002-2003.
TUESDAY, 16 SEPTEMBER 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 16 September
2003:
(i) Special Pensions Amendment Bill [B 35B - 2002] (National
Assembly - sec 75).
- Translations of Bills submitted:
(1) The Minister for Provincial and Local Government:
(i) Wysigingswetsontwerp op Plaaslike Regering: Munisipale
Stelsels [W 49 - 2003] (National Assembly - sec 75).
This is the official translation into Afrikaans of the Local
Government: Municipal Systems Amendment Bill [B 49 - 2003]
(National Assembly - sec 75).
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) Bills passed by National Assembly on 16 September 2003 and
transmitted for concurrence:
(i) National Ports Authority Bill [B 5B - 2003] (National
Assembly - sec 75).
The Bill has been referred to the Select Committee on Public
Services of the National Council of Provinces.
(ii) Higher Education Amendment Bill [B 36 - 2003] (National
Assembly - sec 75).
(iii) Education Laws Amendment Bill [B 38B - 2003] (National
Assembly - sec 76).
The Bills have been referred to the Select Committee on Education
and Recreation of the National Council of Provinces.
- Referrals to committees of tabled papers:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(1) The following papers are referred to the Select Committee on
Finance for consideration and report:
(a) Agreement between the Government of the Republic of South
Africa and the Government of the Republic of Rwanda for the
Avoidance of Double Taxation and the Prevention of Fiscal
Evasion in respect of taxes on income, tabled in terms of
section 231(2) of the Constitution, 1996.
(b) Explanatory Memorandum on the Agreement between the
Government of the Republic of South Africa and the Government
of the Republic of Rwanda for the Avoidance of Double Taxation
and the Prevention of Fiscal Evasion in respect of taxes on
income.
(c) Agreement between the Government of the Republic of South
Africa and the Government of the Republic of Botswana for the
Avoidance of Double Taxation and the Prevention of Fiscal
Evasion in respect of taxes on income, tabled in terms of
section 231(2) of the Constitution, 1996.
(d) Explanatory Memorandum on the Agreement between the
Government of the Republic of South Africa and the Government
of the Republic of Botswana for the Avoidance of Double
Taxation and the Prevention of Fiscal Evasion in respect of
taxes on income.
(e) Agreement between the Government of the Republic of South
Africa and the Government of the Sultanate of Oman for the
Avoidance of Double Taxation and the Prevention of Fiscal
Evasion in respect of taxes on income, tabled in terms of
section 231(2) of the Constitution, 1996.
(f) Explanatory Memorandum on the Agreement between the
Government of the Republic of South Africa and the Government
of the Sultanate of Oman for the Avoidance of Double Taxation
and the Prevention of Fiscal Evasion in respect of taxes on
income.
(g) Agreement between the Government of the Republic of South
Africa and the Government of the Republic of Belarus for the
Avoidance of Double Taxation and the Prevention of Fiscal
Evasion in respect of taxes on income and on capital
(property), tabled in terms of section 231(2) of the
Constitution, 1996.
(h) Explanatory Memorandum on the Agreement between the
Government of the Republic of South Africa and the Government
of the Republic of Belarus for the Avoidance of Double
Taxation and the Prevention of Fiscal Evasion in respect of
taxes on income and on capital (property).
(2) The following papers are referred to the Select Committee on
Finance:
(a) Multi-Annual Indicative Programme and Country Strategic
Paper between the Government of the Republic of South Africa
and the European Community for 2003-2006, tabled in terms of
section 231(3) of the Constitution, 1996.
(b) Explanatory Memorandum to the Multi-Annual Indicative
Programme and Country Strategic Paper between the Government
of the Republic of South Africa and the European Community for
2003-2006.
(c) Agreement between the Government of the Republic of South
Africa and the Government of the Federal Republic of Germany
concerning Financial Co-operation - Rural Electrification,
tabled in terms of section 231(3) of the Constitution, 1996.
(d) Explanatory Memorandum to the Agreement between the
Government of the Republic of South Africa and the Government
of the Federal Republic of Germany concerning Financial Co-
operation - Rural Electrification.
(3) The following papers are referred to the Select Committee on
Labour and Public Enterprises:
(a) Report and Financial Statements of the Unemployment
Insurance Fund for 2002-2003, including the Report of the
Auditor-General on the Financial Statements for 2002-2003 [RP
73-2003].
(b) Report and Financial Statements of the Compensation Fund
for 2002-2003, including the Report of the Auditor-General on
the Financial Statements for 2002-2003 [RP 74-2003].
(c) Report and Financial Statements of the National Economic
Development and Labour Council for 2002-2003, including the
Report of the Independent Auditors for 2002-2003.
(4) The following paper is referred to the Select Committee on
Labour and Public Enterprises and the Select Committee on Local
Government and Administration:
Report and Financial Statements of the Public Sector Education and
Training Authority (PSETA) for 2002-2003, including the Report of
the Auditor-General on the Financial Statements for 2002-2003 [RP
91-2003].
(5) The following paper is referred to the Select Committee on
Labour and Public Enterprises:
Report of the Auditor-General on a Forensic Audit Investigation
into the sale of non-ferrous scrap metal products at Transnet
Limited [RP 179-2003].
(6) The following papers are referred to the Select Committee on
Education and Recreation:
(a) Report and Financial Statements of the National Library of
South Africa for 2001-2002, including the Report of the
Auditor-General on the Financial Statements for 2001-2002.
(b) Report and Financial Statements of the Spoornet State
Theatre for 2002-2003, including the Report of the Independent
Auditor for 2002-2003.
(7) The following paper is referred to the Select Committee on Land
and Environmental Affairs:
Report and Financial Statements of Vote No 33 - Department of
Water Affairs and Forestry for 2002-2003, including the Report of
the Auditor-General on the Financial Statements for 2002-2003 [RP
54-2003].
(8) The following paper is referred to the Select Committee on
Economic and Foreign Affairs:
Report and Financial Statements of the South African Diamond Board
for 2002-2003, including the Report of the Auditor-General on the
Financial Statements for 2002-2003 [RP 127-2003].
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Foreign Affairs:
The Operationalisation of the African Union and Implementation of Nepad
Programmes - Placing Africa on a Path of Lasting Growth and
Development.
- The Minister of Arts, Culture, Science and Technology:
(a) Report and Financial Statements of Vote No 35 - Department of
Science and Technology for 2002-2003, including the Report of the
Auditor-General on the Financial Statements for 2002-2003 [RP 163-
2003].
(b) Report and Financial Statements of the National Arts Council of
South Africa for 2002-2003, including the Report of the Auditor-
General on the Financial Statements for 2002-2003 [RP 114-2003].
National Council of Provinces:
- The Chairperson:
Notice in terms of section 139(2)(b) of the Constitution of the
Intervention, in terms of section 139(1)(b), by the Provincial
Executive of the North West Provincial Government in Mafikeng Local
Municipality.
Referred to the Select Committee on Local Government and Administration
for consideration and report.