National Council of Provinces - 21 October 2003
TUESDAY, 21 OCTOBER 2003 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 10:19.
The Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
NOTICES OF MOTION
Mr L G LEVER: Chairperson, I give notice that at the next sitting of the Council, I shall move:
That the Council -
(1) takes note of the findings of leading research group, Proactive Surveys, which found that -
(a) democracy in South Africa since 1994 has benefited only a
minority of the population;
(b) fewer than one in five people believe that the system works for
everyone;
(c) when asked whether life was changing for the better in South
Africa, the majority said that it was not;
(d) 70% state that the ANC is not living up to expectations;
(e) only 5% believe that the Government is doing enough to fight
crime; and
(f) former President Mandela is believed by 78,7% of the people to
be a better leader than President Thabo Mbeki; and (2) therefore resolves that the ANC is showing all the symptoms of ruling-
party fatigue, which one finds in democracies, and which provides the
first signs of an eventual change in government.
Ms E C GOUWS: Chairperson, I hereby give notice that I shall move:
That the Council -
(1) notes that -
(a) Deputy President Jacob Zuma has stated repeatedly that he
regretted that there would not be a criminal case brought
against him, which would enable him to tell his side of the
story in court;
(b) Deputy President Zuma does not need a court case to tell his
story;
(c) he could call a press conference or make use of any other
occasion to enlighten the public about his defence; and
(2) therefore resolves to invite Deputy President Zuma to this Council for the purpose of participating in a special debate which would give him every opportunity of clearing his name and would give the members of this Council the opportunity of questioning him and debating his replies.
CONDUCT OF AMBASSADOR TO INDONESIA
(Draft Resolution)
Ms C BOTHA: Chairperson, I hereby move without notice:
That the Council -
(1) notes that -
(a) the South African ambassador to Indonesia, Ambassador Norman
Mashabane, is still in this position nearly two years since he
had been found guilty on 21 charges of sexual harassment;
(b) subsequently other similar charges have been laid against the
ambassador; and
(c) the person who claims sexual harassment has been removed to
Korea; and
(2) whereas Ambassador Mashabane has remained in his position, recommends that -
(a) the Minister of Foreign Affairs, Minister Nkosazana Zuma, deals
with the appeal proceedings with the utmost urgency;
(b) Ambassador Mashabane at least be placed on special leave until
such time as the proceedings are finalised; and
(c) the ambassador's reported claim that he will not be removed
because he is a presidential appointment, be investigated.
The CHAIRPERSON OF THE NCOP: Is there any objection to the motion? There is an objection. The motion will, therefore, become notice of a motion.
COMMENDING PRESIDENT FOR INDIAN VISIT
(Draft Resolution)
Mrs E N LUBIDLA: Chairperson, I wish to move a motion without notice that:
That the Council -
(1) commends President Thabo Mbeki on the successful state visit to India;
(2) believes the visit reflects the deep historical link between our countries, and specifically the similarities in terms of the developmental challenges that need to be overcome;
(3) acknowledges that the end of colonialism has not brought peace and security to Asia and Africa, nor has there been progress toward the democratisation of international relations;
(4) is of the opinion that India and South Africa, by virtue of their struggles for freedom, which attracted world-wide interest and support, are uniquely qualified to promote unity between Africa and Asia and to rally support of public opinion in the rest of the world for this purpose; and
(5) therefore welcomes the commitment undertaken by the two governments to work together in a strategic partnership to address underdevelopment and to reaffirm their common outlook of a new world order in which democracy, peace and prosperity prevail everywhere. Motion agreed to in accordance with section 65 of the Constitution.
READMISSION OF BRAM FISCHER TO BAR ASSOCIATION
(Draft Resolution)
Rev M CHABAKU: Chairperson, I move without notice:
That the Council -
(1) commends the South African Bar Association for restoring the dignity of and readmitting the late Abram (Bram) Fischer to the roll of jurists in South Africa; and
(2) notes that -
(a) he was struck off the roll for his courageous opposition to
apartheid, racism, sexism and British colonialism;
(b) he refused to put on the cadet uniform at Grey College because
of its British roots;
(c) he was a son of the soil and a staunch Free Stater who practised
as an advocate in Johannesburg and was a King's Counsel in
London;
(d) among his many illustrious contributions to the struggle and the
country, was his assistance with the revision of the
constitution of the ANC in 1943;
(e) on 3 November 1965 he was struck off the roll of advocates and
was rejected by his own ethnic community, yet dearly loved by
all of us;
(f) he embraced everyone and was loved by all for his gentleness and
readiness to help beyond race, colour, religion and gender in a
jovial and humorous way; and
(g) he will always be remembered for his strong qualities of
leadership and compassion and his very sharp intellect.
He dared to be a Daniel;
he dared to stand alone;
he dared to have his purpose true;
and dared to make it known.
Motion agreed to in accordance with section 65 of the Constitution.
GENETICALLY MODIFIED ORGANISMS
(Draft Resolution)
Mr K D S DURR: Chairperson, I move without notice:
That the Council -
(1) notes that recently the following groups, inter alia, have called for a moratorium on the further use and application of genetically modified organisms (GMOs): (a) US National Family Farmers Coalition and other farm groups;
(b) National Farmers Union (Canada); and
(c) British Medical Association;
(2) also notes that this comes on top of the very recent official UK government survey, testing 37 000 respondents in the UK, which found that -
(a) 93% agree that not enough is known about the long-term health
effects of the GM foods - only 5% disagree;
(b) 85% agree GM crops would mainly benefit producers and not
ordinary people - only 8% disagree;
(c) 91% agree that there are potential negative effects of GM crops
on the environment - only 7% disagree;
(d) 93% agree that GM technology is driven more by profit than the
public interest - only 6% disagree;
(e) only 8% are happy to eat GM foods - 86% disagree; and
(f) 84% agree that GM is an unacceptable interference with nature -
only 10% disagree;
(3) notes further that only last week the company that owns 91% of patents on GM seeds grown worldwide announced that it is pulling out of the European cereals business and putting its Cambridge headquarters in the UK up for sale, as well as its cereal development stations at Cambridge, England and in France, Germany and the Czech Republic, following the hardening resistance to GM crops throughout Europe; and
(4) thus re-affirms its call for an immediate moratorium on the use and introduction of GMOs into South Africa, at least until comprehensive and credible research has been done on the possible damaging effects to the environment, to public health and to our exports.
The CHAIRPERSON OF THE NCOP: Is there any objection to the motion? There is an objection. The motion will, therefore, become notice of a motion.
DA LEADER IN WESTERN CAPE INVESTIGATED
(Draft Resolution)
Mnr A E VAN NIEKERK: Voorsitter, ek stel ‘n voorstel sonder kennisgewing voor:
Dat die Raad -
(1) kennis neem dat die leier van die Demokratiese Alliansie in die Wes- Kaap en hul premierskandidaat, mnr Theuns Botha, vir ondersoek verwys is na die Openbare Beskermer weens die bou van die Oliver Grove dam, na bewering sonder die nodige impakstudies; en (2) versoek om op hoogte gehou te word oor die aangeleentheid. (Translation of Afrikaans draft resolution follows.)
[Mr A E VAN NIEKERK: Chairperson, I move without notice:
That the Council -
(1) notes that the leader of the Democratic Alliance in the Western Cape and their candidate for premier, Mr Theuns Botha, has been referred to the Public Protector for investigation for the construction of the Oliver Grove dam, allegedly without the required impact studies; and
(2) requests to be kept informed on the matter.]
The CHAIRPERSON OF THE NCOP: Is there any objection? There is an objection, and the motion without notice will, therefore, become notice of a motion. POSTAL SERVICES AMENDMENT BILL REFERRED BACK TO SELECT COMMITTEE ON LABOUR AND PUBLIC ENTERPRISES
(Draft Resolution)
The CHIEF WHIP OF THE COUNCIL: Chairperson, I move without notice:
That the Council refers the Postal Services Amendment Bill [B 40 - 2003] back to the Select Committee on Labour and Public Enterprises for further consideration.
Motion agreed to in accordance with section 65 of the Constitution.
ARMAMENTS CORPORATION OF SOUTH AFRICA, LIMITED BILL
(Consideration of Bill and of Report thereon)
The DEPUTY MINISTER OF DEFENCE: Madam Chairperson, members of the Council, one of the responsibilities that we carry is that of carefully taking charge of our inheritance from history and to reshape that to better serve the interests of our people and our country. One such inheritance is Armscor, created in 1968 at the height of apartheid. Armscor had major functions. These were the development and manufacturing of armaments, the acquisition of armaments on behalf of the then South African Defence Force, and control over export and import of armaments into or from the Republic of South Africa.
With the ushering in of democracy in 1994 and the change in posture of the SA National Defence Force from an offensive to a defensive one, a number of measures were taken by Government to restrict and contain the movement and supply of arms into and out of South Africa. Firstly, the development, manufacturing and sales of armaments were transferred to a wholly commercial enterprise, Denel. Secondly, control over conventional armaments was transferred to the National Conventional Arms Control Committee. Thirdly, the creation of the Defence Secretariat led to greater civil control over the acquisition process by the Department of Defence.
These changes led to a review of the role, functions and mandate of Armscor. The new Bill was drawn up in consultation with four other government departments, the South African Aerospace, Maritime and Defence Industry Association and the Centre for Conflict Resolution at the University of Cape Town. The objectives were to meet the material requirements of the Department of Defence and to meet the defence technology research, development, analysis, test and evaluation requirements of the department. Its functions are to acquire defence material on behalf of the department and to manage technological projects.
The affairs of Armscor will be managed and controlled by a board of directors. There are rules governing the chief executive officer, the Chief Financial Officer, nonexecutive board members, board meetings and decisions. The Bill covers conflict of interest and possible punishment for failure by board members and employees to disclose. The Bill explains where the corporation’s funds must come from, the audit of its financial statements and a system for evaluating acquisitions. Clause 3(2) of the Bill enjoins the corporation to adhere to accepted corporate governance principles, best business practices and generally accepted accounting practices. These are intended to promote fairness, equity, transparency, economy, efficiency, accountability and lawfulness.
It is with this in mind that we have supported the amendments made by the Select Committee on Security and Constitutional Affairs, which deals with conflict of interests. By broadening the scope of declaration of conflict of interest, this Bill strengthens our Government’s drive to stamp out corruption.
The issue of the composition of the board and the role thereon of the Chief of the SA National Defence Force need further scrutiny. The decision taken by Cabinet in this regard was in the interest of good governance and accountability, when it was said that the Chief of the SA National Defence Force should not serve on the board, and this was a correct decision.
The Bill spells out delegations of the board, the safeguarding of information, records, property and premises, intellectual property laws that have to be repealed and so on. The Bill further stipulates that the state remains the sole shareholder of the corporation and that the Minister exercises ownership control on behalf of the state.
In this regard, I would like to also mention that the Bill is strong on black economic empowerment and I would like to refer to clause 4(2)(e), which says that the tender and contract system required in terms of this provision is geared towards promoting Black Economic Empowerment companies and to this end, Armscor has established a Black Economic Empowerment unit to ensure participation of Black Economic Empowerment companies in the acquisition process of defence material.
The redefining of the role of Armscor has not been an easy task. The balance had to be found between limiting the activities of the corporation while not suffocating the industry. There were particular areas of difficulty around reporting lines and the role of the Defence Secretary and the acquisition division in the Defence Secretariat. This has finally been worked out, helped by the active participation of members of the Select Committee on Security and Constitutional Affairs.
I would like to acknowledge the role in this regard played by the chairperson of the committee, Kgoshi Mokoena, and to formally thank him on behalf of the Department of Defence and of the defence industry as a whole for his positive contribution, assisted naturally by the members of the committee. I thank you.
Kgoshi M L MOKOENA: Chairperson, there was a time in this country when armaments were manufactured for the wrong reasons. The arms were sold or given to the wrong people, for that matter.
It is for this reason that Armscor had to be transformed. There is no way in this day and age that we are going to allow weapons to be used to suppress people, as was the case in the past. Arms were manufactured to suppress the majority of South Africans, and, sporadically, against our brothers and sisters in the frontline states.
As we are all aware, Armscor’s vision today is to be a truly South African organisation that is valued, locally and globally, as a centre of technical excellence for defence acquisition and support services. We are proud and satisfied that the state remains the sole shareholder in the corporation, and especially to note or realise that the Minister exercises ownership control over the corporation on behalf of the state.
This corporation will be managed by a board of directors, as was rightly stated by the Deputy Minister. These are people who must make sure that the corporation is run efficiently, diligently, effectively, and that it is economically viable.
The committee proposed some amendments to clause 14 of the Bill, as stated by our hon, dynamic and calculated Deputy Minister. This is the section that deals with the conflict of interest. It requires members of the board to disclose to the board any direct or indirect interest that such member or his or her spouse, partner or family member may have in any matters relating to the acquisition or procurement activities of the corporation.
We didn’t have a problem with the clause as it stands, but our problem was: How do you define a family member? If I were to pose this question to members of this House, namely ``who are your family members?’’, I would definitely get different answers. Even though it took us two solid days debating this clause, among other things, we finally reached consensus to remove the word “family member”. That’s my committee, Chairperson.
Our thanks goes to officials in this department who responded accurately to all our concerns. It was for that reason that members felt that we should not field many speakers in this debate, because we are all singing the same song. Again, it is also because there is nothing controversial about this Bill.
The question of regulations and other issues will be dealt with by my colleagues. What pleases me is that this House is going to support this Bill. Chairperson, I have spoken. [Applause.]
The CHAIRPERSON OF THE NCOP: Hon members, I heard an hon member whisper that the committee was singing as a family. [Laughter.]
Mr B J MKHALIPHI: Hon Chairperson, hon members, by its very nature and strategic importance, one would expect Armscor to enjoy free reign in whatever it wants to do. This is not the case, hon members, especially after this Bill has become law.
At face value, the Bill before us is of a light nature, running just over 12 pages. But I assure you, hon members, that the details in the Bill are sufficient to transform this parastatal and tighten control by both the department and the Defence Secretariat. The objectives and functions of this corporation spell out clearly what the refocused Armscor sets out to do and how it will conduct its business. One of the crucial matters I wish to highlight, amongst its functions, is the responsibility to comply with international law with regard to the control of conventional arms, which strictly prohibits the sale of arms to illegitimate regimes or bandits in the outside world, where these arms could be used to maim innocent civilians and support irresponsible regimes. In any event, the Ministry, the department and the Secretary for Defence are all central to whatever initiative or action Armscor undertakes.
Furthermore, the requirement that the corporation should enter into service level agreements with the department ensures that the corporation always remains within its mandate.
Financial management is also addressed in this Bill, with the stipulation of the sources and utilisation of the corporation’s finances. Apart from its own internal audit, the Department of Defence’s auditor has, at all reasonable times, access to all documentation pertaining to service level agreements between the corporation and the department. Section 58 of the Public Finance Management Act also applies to the corporation with regard to the auditing of its annual financial statements.
The issue of corporate governance within the corporation is also strengthened and updated to be on par with recent developments in the corporate world. The composition of executive and nonexecutive board members, and the committees, is structured in such a way as to effect the necessary checks and balances, including peer review, to ensure that the corporation will run its business in an honest, transparent, objective and accountable manner.
The cherry on top in respect of this Bill is the issue of the conflict of interest that it addresses extensively and explicitly. As the chairperson of the committee has highlighted, we spent hours on this issue debating how we could curtail instances of corruption. But, typical of this committee, we were assisted by our own very objective treatment of legislation. We had to refocus on what this Bill seeks to do, and we came to the answer that it seeks to address the issue of corruption. So we retained that section of the Bill as it stands now.
I am sure hon members will all find their way clear to support this Bill. I thank you. [Applause.]
Mr L G LEVER: Chairperson, it’s always difficult when you are a fourth speaker in a debate of this nature, but most of what needs to be said has been said and I’ll, therefore, be very brief, summarise and skim over areas that have already been dealt with.
This Bill provides for the continued existence of the Armaments Corporation of South Africa, Limited, commonly known as Armscor. Despite the repeal of the Armaments Development and Production Act, the state will remain the sole shareholder of Armscor and the Minister of Defence will exercise the rights of ownership and control over Armscor on behalf of the state.
As a juristic person, Armscor will be entitled to sue and be sued in its own name. It will be able to buy, hold or sell both movable and immovable property. The Bill prevents any person from using or abusing Armscor’s name.
The objectives of Armscor Limited are twofold: firstly, to meet the defence material requirements of the department efficiently, effectively and economically; secondly, to meet the defence technology, research, development, analysis, test and evaluation requirements of the department, also effectively, efficiently and economically.
The Bill prescribes that Armscor must adhere to accepted corporate governance principles and generally accepted accounting practices, and that it must do so in a manner that reflects fairness, equity, transparency, economy, efficiency, accountability and lawfulness.
The Bill sets out how the board of directors will be made up. It also states that the board will be the accounting authority in terms of the Public Finance Management Act. Members of the National Assembly and the NCOP who may be looking for jobs in a few months and those from the provincial legislatures and municipal councillors may not be members of the board. Subject to the exceptions of the Secretary for Defence and the Chief of the SANDF, no public servant may serve on the board.
In relation to potential conflicts of interest, the select committee simplified the language and broadened the ambit of when a member of the board or an employee of Armscor must disclose to the board any direct or indirect interest in any matter relating to procurement.
Here I wish to emphasise the key word, and the emphasis on the word “disclosure”. There must be disclosure, and the chairperson of the board or the procurement committee will have the discretion to decide on whether the matter warrants anybody recusing himself further. In relation to the provision on regulations, the select committee deleted provisions that fall within the purview of the intelligence community in order to avoid duplication of potential conflicts. The select committee also determined that regulations in terms of section 18 (1)(g) should be tabled in Parliament before they are published to ensure that Parliament fulfils its obligations in terms of oversight of delegated legislation.
The DA supports this Bill. Thank you. [Applause.]
Mnr C ACKERMANN: Agb Voorsitter, dis ‘n voorreg om oor hierdie wetgewing te kan praat. Ek gaan dit maar ‘n bietjie uit ‘n ander hoek benader as my kollegas.
Die Nasionale Raad van Provinsies het hom oor die jare bewys dat hy sy plek waardig is, soos wat die Grondwet van Suid-Afrika dit vir hom uiteensit. As, onder andere, ‘n Huis van hersiening, doen hy uitnemende werk. Hierdie Huis het al by verskeie geleenthede amendemente gemaak aan wetgewing wat baie belangrik is. In hierdie wetgewing wat vanoggend onder bespreking is, het agb kollegas na amendemente verwys wat uit die aard van die saak belangrik is en wat deur hierdie komitee gemaak is.
Wat egter hinder, is dat daar nou ‘n neiging ontstaan het in die Nasionale Vergadering dat wanneer artikel 75-wetgewing bespreek word, hulle ‘n tipe alleenreg vir hulself toe-eien. Daar word selfs deur hulle aan die President voorgeskryf op watter datum hy ‘n wet moet onderteken. Daardeur plaas hulle geweldige druk op hierdie Huis om wetgewing goed te keur sonder dat ons werklik voldoende aandag daaraan kan gee. En ek wil dit vandag hier uitwys dat ons dit ten sterkste moet teenstaan.
Dit is hoekom, toe die komitee oor hierdie wetgewing besluit het, die Nuwe NP besluit het om buite stemming te bly. Waarom moes ons buite stemming bly? Ons is ontevrede oor die feit dat die konsultasieproses nie voltrek is nie. Denel is ‘n redelik belangrike rolspeler en is ontevrede omdat hulle nie by die konsultasie voldoende betrek is nie. Selfs die antwoord wat ons van die departement gekry het, dat hulle tot op ‘n sekere stadium nie betrek is nie, is onaanvaarbaar.
Die ander punt waaroor ons buite stemming gebly het, is die feit dat daar ‘n openbare verhoor was in die Nasionale Vergadering. Ons het geen verslag gekry oor daardie openbare verhoor nie. Die departement het gesit met ‘n volledige verslag en, toe ons navraag doen, toe sê hulle hulle het dit. Maar waarom het hulle nie mettertyd die goed vir ons aangegee nie? In die Nasionale Vergadering word die komitee se openbare vergaderings eenvoudig gereël, selfs al pas dit nie in ons programme nie en ons kan nie die goed bywoon nie. Daarom teken ek vandag ten sterkte beswaar hierteen aan. Ek wys dit uit, want ek dink dis nodig dat ons daaraan sal aandag gee. En dit is waarom ons in die komitee buite stemming gebly het, maar uiteraard omdat hierdie wetgewing belangrik is, sal ons daarvoor stem. Dankie. (Translation of Afrikaans speech follows.)
[Mr C ACKERMANN: Hon Chairperson, it is a privilege to be able to speak on this legislation. I am going to approach it from a different angle than my colleagues.
The National Council of Provinces has proven that it is deserving of its place as contained in the Constitution of South Africa. As, among others, a House of revision, it is doing excellent work. This House has on various occasions made very important amendments to legislation. In this legislation that is under discussiom this morning hon colleagues naturally referred to amendments that are important and that were made by this committee.
However, what is worrying is that a tendency has developed in the National Assembly that whenever section 75 legislation is discussed, they grant themselves a type of monopoly. They even prescribe to the President on which date he must sign an Act. In so doing they place enormous pressure on this House to approve legislation without our really being able to afford it sufficient attention. And I want to point out here today that we must vehemently oppose this.
That is why, when the committee decided about this legislation, the New NP decided to abstain from voting. Why did we have to abstain? We are dissatisfied with the fact that the consultation process was not carried out. Denel is a relatively important role-player and is dissatisfied that they were not sufficiently involved in the consultation. Even the reply that we received from the department, that up to a certain stage they were not consulted, is unacceptable.
Another reason for abstaining from voting is the fact that a public hearing took place in the National Assembly. We have not received any report about that public hearing. The department had a full report in its possession, and they confirmed this when we enquired about it. But why did they not pass it on to us in due course? In the National Assembly public meetings of the committees are simply arranged, even if they do not fit into our programmes and even if we are unable to attend them. That is why I am putting on record my strongest objection to this today. I am pointing this out, because I think that it is necessary for us to give attention to this. And that is why we, in the committees, abstained. But because this legislation is important, we will naturally vote in favour of it. [Thank you.]]
Mrs E N LUBIDLA: Chairperson, hon members, the darkness that has shrouded our country has now taken the form of flames of peace. Democracy, understanding, reconciliation and unity now engulf this beautiful country of ours. As we carry out this task and the mandate that we have been given by the majority of people in this country, we know that …
The CHAIRPERSON OF THE NCOP: Order! Hon members, I note that we have in the House a number of future leaders of South Africa. I note that a number of them cannot see the member who is speaking. So I wonder, hon Lubidla, if I could ask you to approach the microphone in the centre so that those new and future leaders of South Africa may see you as they listen to you.
Welcome to the National Council of Provinces and Parliament. [Applause.]
Thank you very much, hon member. I apologise for interrupting you.
Mrs E N LUBIDLA: Madam Chair, allow me to start all over again.
The CHAIRPERSON OF THE NCOP: Continue, hon member.
Mrs E N LUBIDLA: The darkness that has shrouded our country has now taken the form of flames of peace. Democracy, understanding, reconciliation and unity now engulf this beautiful country of ours. As we carry out this task and the mandate that we have been given by the majority of people in this country, we know that a mammoth task awaits us. And we are aware that governing is never easy.
Our people see that the ANC-led Government takes qualitative and new initiatives that are consonant with our policies in the reconstruction and development of our country. The scribes of the enemy of our people are today poised over countless notebooks. They write daily and send out myths by saying that the ANC-led Government has failed the people and that it is of no consequence to the future of our country. As everybody here today knows, there is no organisation that is as committed to the upliftment and provision of a better life for all the people in our country as the ANC is. This should inspire us even more to bring the reality to our people, especially those in the rural areas.
Many people who were previously disadvantaged in our country today say that they are enjoying the fruits of freedom that the ANC has brought. This does not mean that we should rest on our laurels, but that this is the time that we worked much harder to bring the fruits of freedom to our people.
It is clear that in the past nine years since the ANC came to power a great deal of progress has been made towards making the lives of ordinary South Africans better. Questions are being raised by our detractors about the effectiveness of our policies, the possibility of their adoption universally and their impact on our people. But we can say that the ANC is striving to make a better life for our people. As we said when we fought against our oppressors, we will continue to say to our people that there are no easy victories.
There are pointers, very clear pointers, that our people are not disillusioned, as some would want us to believe. At the same time, we are fully aware that the new democratic order has to address burning issues such as freedom from hunger, disease, ignorance, homelessness and poverty.
The ANC considers it a matter of some concern that the falsifications peddled by some about the nature and purposes of the ANC seem to find ready acceptance in some circles in this country. We have never hidden anything, and we are somewhat puzzled that there are people today who ascribe to a secret agenda. We, in the ANC, have none and we are aware that we are confronted by the issue of high food prices, which further entrenches poverty and suffering among the masses of our people.
As committee members, together with the SA National Defence Force and Armaments Corporation of South Africa, we agreed that this House should have an oversight role when it comes to clause 18(g), dealing with regulations and delegation by the Minister of Defence. This will allow our House to familiarise themselves with the regulations before they are implemented.
The ANC also understands that the objectives of transforming South Africa into a nonracial, nonsexist and prosperous democracy have not yet been achieved. We are committed to the eradication of poverty and can never say that our work is done while the suffering of our people in rural areas and the blight of squatter camps that surround our towns and cities continue.
Changing the South African society in a manner that decisively improves people’s quality of life requires boldness in thinking that shakes up convenient comfort zones. This is the reason we should work hard to make our masses’ hope a reality - as our President, Thabo Mbeki, says, ``The sun must rise for the poor too.’’ This reality we must make without any apology whatsoever. Because the ANC is in government, it is constantly expected to deal with the legacy of the apartheid regime, within nine years of coming to power.
Finally, the ANC agrees and endorses the amendments proposed by the committee. Thank you. [Applause.]
The DEPUTY MINISTER OF DEFENCE: Chairperson, I want to start off by thanking the members of the select committee for their positive contribution to the drafting of this Bill. In terms of the amendments that have been proposed, we have definitely supported them. I wanted to mention that one of the amendments deals with the issue of the security clearance of employees. We thank the committee for addressing this matter and we support their amendment as well as the amendment that relates to the drafting of regulations covered under section 18(1). We support this. I wanted to say something about the process of passing legislation. In the 10 years that most of us have been in this House, we have grown familiar with the procedure of how a Bill becomes a law. During that process, there are many opportunities for each and every one of us to make an input with regard to shaping that particular piece of legislation. I am saying this with regard to the concerns raised by the hon Ackermann regarding the process of consultation.
In the report presented to the select committee by the department on 8 October 2003, the process of consultation was outlined. For the record, I want to say that present in the committee that helped draft this legislation were a number of stakeholders. Among them were the Department of Defence itself and the Department of Public Enterprises, represented by the Denel legal division. There were also a number of other departments, such as Foreign Affairs, Trade and Industry, and Treasury, as well as the National Conventional Arms Control Committee.
I am not very clear on what the member is concerned about, but I am grateful to him for having supported the Bill. I want to inform him that he and his party have an opportunity to familiarise themselves with legislation at different stages. It is important that he participates in this.
Once again, I want to thank the committee because it has shown that it takes work that has been given to it very seriously. The report that was presented here was that the committee took a lot of time looking at different issues in this Bill and in particular the issue of conflict of interest. I maintain that this has strengthened this Bill and I thank the committee. With those words, I wish to thank the Council. [Applause.]
Debate concluded.
Bill, subject to proposed amendments, agreed to in accordance with section 75 of Constitution.
CRIMINAL PROCEDURE AMENDMENT BILL
(Consideration of Bill and of Report thereon)
The DEPUTY MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Madam Chair and colleagues, this Bill is a bit technical, so it may make for a bit of a dry delivery, but it is a very important piece of legislation.
The purpose of the amendment is to introduce a sifting mechanism that prevents the High Courts from being overburdened by unmeritorious appeals from the lower courts. The Bill attempts to achieve this by introducing new criteria for leave to appeal. In so doing, the Bill takes care to avoid the constitutional pitfalls that invalidated the previous leave to appeal procedure. The Constitutional Court pronounced on this matter in the case of Steyn v the State.
The 21 November ruling by the Constitutional Court declared that the provisions of sections 309B and 309C of the Criminal Procedure Act imposed an unjustifiable limitation on a person’s right to appeal. Before turning to the provisions of the Bill, I would like to emphasise that the Constitutional Court did not exclude the possibility that the legislature could enact legislative measures that fall short of the automatic right of appeal, but still satisfy the constitutional requirement of fairness and can be justified in terms of the Constitution.
Following the Constitutional Court judgment, the Minister instructed the department to establish a monitoring mechanism to determine the impact of automatic right of appeal on the administration of justice. A survey was instituted to collect data on a number of appeals against decisions of the lower courts received by the Higher Courts for a 12-month period from June 2001 to May 2002. It became clear that the High Court would, in the absence of a filtering mechanism, be faced with an ever-increasing backlog of appeals.
In the Second Reading debate of this Bill in the National Assembly, the Minister pointed out that the interests of justice demand that the right to appeal should be concluded without undue delay and referred, in this instance, to the old adage that “Justice delayed is justice denied”. The main problem lies in the fact that a large number of appeals coming to the High Court are completely without merit, yet it is just as costly and just as time-consuming to deal with such appeals as it is to deal with appeals that stand a reasonable chance of being upheld.
Turning to the provisions of the Bill, I would like to point out that the amendments contained in clause 1 deal with the special relationship that exists between reviews in the ordinary course of business, commonly known as automatic reviews, and appeals procedures as regulated in terms of section 302 of the Act.
Section 302 provides that the provisions regulating an automatic review are suspended if an appeal is launched against a conviction or sentence and ceases to be applicable when judgment is given in the appeal. Clause 1 amends section 302 of the Act so as to highlight the newly introduced distinction between the appeal procedures for certain children and all other persons in respect of whom automatic reviews are applicable. I must emphasise that the relevant amendment does not affect the existing principle that an automatic review is suspended and eventually cancelled once judgment on appeal is given.
Having regard to the provisions of clause 2, it should be noted that section 309 of the Act is amended to provide that any person convicted of any offence in a lower court who wishes to appeal against the conviction or sentence may apply for leave to appeal against such conviction or sentence, as contemplated in sections 309B and 309C of the Act. I told you this was very technical; very, very technical.
An important and innovative exception to this requirement is now introduced into the Act, namely that a child who is sentenced to any form of imprisonment that is not wholly suspended and who at the time of the commission of the offence was below 14 years, or was between the ages of 14 and 16 years and was unrepresented at the time of conviction in a regional court may note an appeal without having to apply for leave to appeal. The relevant provision is included in this Bill as a temporary measure pending the enactment of the Child Justice Bill. This will ensure that it becomes law when the leave to appeal and petition procedures come into effect.
Since it is so closely related to the main objective of the Child Justice Bill, namely to establish a new criminal justice system for children who come into conflict with the law, the provision will eventually form part of the Child Justice Bill. Paragraph (b) of clause 2 is the result of a recommendation that appeals must generally be disposed of in chambers on the written arguments of the parties. Section 309 is therefore amended to provide that appeals must be disposed of in chambers on the written arguments of parties, unless the relevant court is of the opinion that the interests of justice require the submission of oral argument before court.
Clause 3 introduces a new mechanism for applications for leave to appeal in the magistrates’ court as provided for in section 309B, and introduces petition procedures in the High Court regulated in terms of section 309C in respect of the decisions by the lower courts. As far as leave to appeal procedure is concerned, an application must be made by an accused to the lower court in which he or she was convicted. I have already pointed out the exception that certain children need not apply for leave to appeal. The importance of submitting records of the proceedings in the magistrates’ courts whenever petitions for leave to appeal are addressed to the Judge President was highlighted in the Steyn judgment.
With regard to the petition procedure contained in section 309C of the Act, the new subsection 4 requires that transcribed case records must be submitted in respect of all petitions to the High Courts for leave to appeal. This subsection further contains a proviso in terms of which a copy of the judgment, which includes the reasons for conviction and sentence, will be sufficient. This applies only where a legally represented accused was tried in the regional court, or if the accused and the Director of Public Prosecutions agree to this, or if the prospective appeal is against sentence only, or if the petition relates solely to an application for condonation.
Placing information before judges who must consider these petitions is an important aspect of the procedure as the judicial officers must be able to make informed decisions. The responsibility to determine whether sufficient information has been placed before them ultimately rests with those judges who consider petitions. If insufficient information has been placed before them, they may call for additional information. The amendment to section 309D of the Act aims to further regulate the obligation to explain the rights of an unrepresented accused in respect of appeal, legal representation and the correct procedure to give effect to these rights.
The amendment of section 315 is similar to that in respect of section 309 and provides that appeals must, as a rule, be disposed of in chambers on the written arguments of the parties. Section 316 of the Act regulates the leave to appeal and petition procedures in the High Courts and Supreme Court of Appeal and is amended by clause 5 so as to align it with the new procedures contemplated in the lower courts.
I commend the select committee under the leadership of its chairperson, Kgoshi Mokoena, for the efforts they have put into considering this new legislation. The departmental officials who worked on this legislation should also be acknowledged. I stand in support of this Bill. [Applause.]
Kgoshi M L MOKOENA: Chairperson, thank you very much, and thanks to you too, Deputy Minister, for really breaking the ice.
In the late eighties, three MK cadres were given life imprisonment because it was believed they had committed some murders. They lodged an appeal but, unfortunately, the leave of appeal was refused. They rotted in jail for not less than eight years. I’m talking about the Eikenhof Three.
Everybody was convinced that they were responsible for those murders, except for us in the ANC, because we knew that they were innocent. The three consistently maintained their innocence and declared that they were wrongly accused. However, the powers that held sway then did not want to listen.
After some years, we were so relieved when Apla members came forward and revealed that they were responsible for those murders. It was only then that the Eikenhof Three were released. Just imagine the trauma of being in prison for something you did not do. This miscarriage of justice took place because some judges, then, believed they were a law unto themselves.
Let’s assume these proposed amendments were part of the Act then. It is obvious that this mess wouldn’t have happened, and it is, apparently, categorically and abundantly clear that the Eikenhof Three would then not have suffered that terrible humiliation.
That is the reason why, amongst other reasons, the Minister and his department felt that in this new dispensation, the judiciary had to be consistent with the Constitution, and that a person’s right to appeal had to be respected. Hence this Bill before the Council is dealing with the leave-to-appeal and the petition procedures.
Members will recall that, before 1994, people who wanted to lodge an appeal had to have a certificate to appeal. However, in the interim Constitution, it was allowed that any person who was found guilty had an automatic right to appeal. After a while, it was discovered or realised that this arrangement had created some problems for higher courts.
High Courts were flooded with numerous appeals from lower courts. Statistics show that it will take no less than five years for some appeals to be heard or finalised by the High Courts. It was, therefore, imperative that something was done. The Bill is now introducing some sifting mechanisms that will prevent the High Court from being overburdened by unmeritorious appeals.
The ANC-led Government will always respect our courts, especially the Constitutional Court. The Steyn versus the State case, as pronounced by the Constitutional Court, is a typical example. Many of these amendments are triggered by that particular pronouncement by the Constitutional Court.
I deliberately did not dwell much on the leave-to-appeal process, the condonation and the notice. I did not even tell or inform this House about how children are going to benefit from these amendments. Again, I did not touch on the question of prisoners in this Bill. I can promise you, colleagues, that the hon Joyce Kgoali will give you “Umrabulo 19”, and the hon members Matthee and Lever will do the right thing by telling you about the rules of engagement.
Before concluding, let me just, in passing, deal with one issue in this Bill. In the past, when one lodged an appeal, the whole transcribed case record was supposed to be submitted. This amendment now makes it possible that only the judgment need be submitted to the relevant High Court where the appeal is to be heard. This arrangement will apply to persons who were legally represented.
Small people monopolise the talking, while calculated and focused people monopolise the listening. Since I belong to the latter category, let me sit down and listen. Let’s support this Bill. [Applause.]
Mnr P A MATTHEE: Voorsitter, hierdie wetsontwerp beoog om gelyke beskerming van die reg aan alle persone te gee en om toegang tot die reg te vergemaklik. Dit is opgestel, soos reeds aangetoon, as ‘n direkte gevolg van die Konstitusionele Hof se uitspraak in die saak van Steyn teen die staat. In hierdie saak moes die Konstitusionele Hof beslis oor die konstitusionaliteit van die appèlprosedures vanaf die laer howe. Dit het die appèlprosedures in die laer howe oorweeg teenoor die appèlproses in die Hoë Hof en tot die gevolgtrekking gekom dat die situasie vir ‘n beskuldigde persoon wat teen ‘n landdros se uitspraak wil appelleer, baie minder gunstig is as dié van ‘n persoon wat teen sy skuldigbevinding of vonnis in ‘n Hoë Hof appelleer.
Die Konstitusionele Hof het gevolglik besluit dat artikels 309(b) en 309(c) van die Strafproseswet nie voldoen aan die bepalings van artikel 35(3) van die Grondwet, wat aan elke beskuldigde persoon die reg tot ‘n regverdige verhoor waarborg, welke reg die reg van appèl na of hersiening deur ‘n Hoë Hof insluit. Die Konstitusionele Hof het gevolglik die vermelde artikel van die Strafproseswet ongeldig verklaar. Hierdie wetsontwerp maak nou voorsiening vir toestemming tot appèl en petisieprosedures in die Strafproseswet. Dit beoog om te verhoed dat die Hoë Howe oorlaai of toegegooi word met appèlle vanaf die laer howe, waar sodanige appèlle sonder meriete is. Dit maak ook daarvoor voorsiening dat sekere appèlle oorweeg en beslis mag word, op grond van die skriftelike argumente of betoë van die partye.
Dié wetsontwerp voorsien ook ‘n outomatiese reg van appèl aan drie kategorieë persone, naamlik persone wat ten tye van die pleging van die misdaad onder die ouderdom van 14 was; persone wat ten tyde van die pleging van die misdaad tussen die ouderdomme van 14 en 16 jaar oud was en wat nie deur ‘n regsverteenwoordiger bygestaan is by die verhoor nie en derdens, persone wat gevonnis is tot enige vorm van gevangenisstraf wat nie ten volle opgeskort is nie. Voorsitter, in ag genome dat die Regterspresident en die hooflanddroste en die streekhofpresidente almal geraadpleeg is by die opstel van hierdie wetsontwerp, glo ons en vertrou ons dat die nuwe bepalings nou die grondwetlikheidstoets sal slaag. Ons glo ook dat hierdie wetsontwerp weer eens die belangrikheid van die reg van elke persoon tot ‘n regverdige verhoor onder alle omstandighede beklemtoon en daarom ondersteun ons hierdie wetsontwerp met entoesiasme.
Ter afsluiting wil ek egter net, soos in regstaal gesê word, ‘n obiter dictum-opmerking maak en dit is dat ek die departement wil vra om, terwyl ons aandag gee aan wat reg is in terme van die Grondwet, aan die belangrikheid van die regverdige verhoor ten opsigte van die beskuldigde aandag te skenk. Maar ek dink dit het ook tyd geword dat ons ook aandag gee en dink aan ‘n regverdige verhoor vanuit die hoek van die slagoffers van misdaad. Ons onskuldige vroue en kinders, en ook ander onskuldige slagoffers van misdaad, dat daar ook uit hulle hoek ‘n regverdige verhoor sal wees, wat ook hulle regte regverdiglik benadruk, sodat daar behoorlike vervolgings sal plaasvind op ‘n regverdige basis. Ek dank u. [Applous.] (Translation of Afrikaans speech follows.)
[Mr P A MATTHEE: Chairperson, this Bill envisages providing all persons with equal protection of the law and to facilitate access to the law. It was drafted, as already indicated, as a direct result of the Constitutional Court’s finding in the case of Steyn vs the State. In this case the Constitutional Court had to decide about the constitutionality of the appeal procedures from the lower courts. It weighed up the appeal procedures of the lower courts against the appeal process in the High Court and arrived at the conclusion that the situation in the case of an accused person wanting to appeal against a magistrate’s statement, is much less favourable than that of a person wanting to appeal against his conviction or sentence in a High Court.
The Constitutional Court therefore decided that sections 309B and 309C of the Criminal Procedure Act do not comply with the provisions of section 35(3) of the Constitution, that guarantees every accused person the right to a fair trial, which right includes the right to appeal after, or revision by, a High Court. Consequently the Constitutional Court declared the aforementioned section of the Criminal Procedure Act invalid. This Bill now makes provision for consent to appeal and petition procedures in the Criminal Procedure Act. It envisages preventing High Courts from being overloaded with or inundated by appeals from the lower courts, where such appeals are without merit. It also makes provision for certain appeals being considered and settled, on the grounds of written arguments or objections by the parties.
This Bill also makes provision for an automatic right to appeal by three categories of persons, namely persons who, at the time when the crime was committed, were under the age of 14; persons who at the time when the crime was committed were between the ages of 14 and 16 and who were not assisted by a legal representative during the trial and, thirdly, persons who were sentenced to any form of imprisonment that was not fully suspended. Chairperson, taking into account that the Judge-President and the chief magistrates and the regional court presidents were all consulted in the drafting of this Bill, we trust and believe that the new provisions will now pass the constitutionality test. We also believe that this Bill will once again emphasise the importance of every person’s right to a fair trial under all circumstances and for this reason we enthusiastically support this Bill.
In conclusion, I would just, as it is said in legal terminology, like to make an obiter dictum remark and that is that I would like to ask the department, while we are devoting attention to what is right in terms of the Constitution, to do so with regard to the importance of the fair trial with regard to the accused. But I think it is time for us to pay attention and think about a fair trial from the perspective of the victims of crime. Our innocent women and children, and other innocent victims of crime, that there should also be a fair trial in their view, that would also emphasise their rights fairly, so that proper prosecutions will take place on a just basis. I thank you. [Applause.]]
Mr G A LUCAS: Chairperson, I just want to find out if it is parliamentary for hon Durr to answer his phone in the House, whilst the plenary is on.
The DEPUTY CHAIRPERSON OF COMMITTEES: I think that it was not by design, and he has taken care of that.
Mr L G LEVER: Chairperson, again I am speaking fourth in the debate and again the Deputy Minister has given a comprehensive analysis of the Bill.
My agb vriend mnr Matthee het dieselfde gedoen in Afrikaans. Ek is nie nog ‘n landstaal magtig om dieselfde te doen nie. [My hon friend Mr Matthee did the same in Afrikaans. I do not know another official language so that I could do the same.]
I will attempt to give just a brief overview of the whole Bill without giving details specifically. The Criminal Procedure Amendment Bill reintroduces a filter or sifting mechanism for criminal appeals from the magistrates’ courts to the High Courts. The only persons who will not have to apply for leave to appeal in certain circumstances are children below the age of 14 years and children between the age of 14 and 16 years who were not represented by a legal practitioner during the course of their crime.
Currently, as a result of the Constitutional Court ruling in the case of Steyn vs the State, all persons who have been convicted in the magistrates’ courts have an automatic right to appeal to the High Court. This has resulted in the High Courts being overburdened with cases whose prospects of succeeding on appeal are bleak.
Consequently, the provisions of sections 309(b) and 309(c) have been redrafted in a manner that addresses the concerns of the Constitutional Court. The Bill will drastically reduce the number of frivolous criminal appeals. It will allow the High Courts to deal with criminal appeals, where there may have been a serious miscarriage of justice, speedily and efficiently.
It is, therefore, in the interest of justice that we should support this Bill. The DA supports this Bill. [Applause.]
The CHAIRPERSON OF COMMITTEES: Hon Deputy Chairperson, Deputy Minister and hon members of the Council, today the Select Committee on Security and Constitutional Affairs is proud to have been able to successfully deliberate on this piece of legislation, though it took much longer for it to be referred to this august House. I am proud to say that members of the select committee considered this Bill with earnest dedication and applied their minds meticulously.
Allow me to remind hon members of the background to this Bill. It will be important for all of us to remember that before 1994 all persons found guilty of crime in the magistrates’ courts had an automatic right to appeal to the High Court, whether they were represented or not. After the introduction of the interim Constitution, in 1996, the Constitutional Court considered the implications and constitutionality of this appeal procedure and found it to be unconstitutional.
The Constitutional Court felt that the leave-to-appeal procedure in the magistrates’ courts was flawed, because the Act did not make it obligatory for magistrates who turned down the leave to appeal to furnish the judges of the High Court with a full record of what transpired in the magistrates’ court. Thus the Constitutional Court declared the relevant sections of this Act unconstitutional. The court acknowledged that there might be good reasons to remove the automatic right to appeal, but held that no evidence was presented to it that would justify its removal.
The Constitutional Court then granted Parliament a period of 12 months within which to introduce a mechanism to enable magistrates’ courts to process those appeals, but, unfortunately, Parliament was unable to do so within the stipulated time. As a result, a provision in the Criminal Procedure Act relating to the exception lapsed, and convicts had an automatic right to appeal. This resulted in many appeals not being properly processed and thereby created a problem for the High Courts, given the volumes of paperwork that they had to deal with. It is therefore against this background that the select committee considered these amendments.
In addressing these issues raised by the Constitutional Court, the committee applied its mind. This we did with a clear understanding that the Constitution is the supreme law of the Republic of South Africa. It was therefore necessary that we amended this piece of legislation.
Therefore this Bill introduces the leave-to-appeal procedure in the magistrates’ courts and provides access for the judges of the High Courts to the full records of the proceedings of all cases of the magistrates’ courts. What is also important to note is that this Bill provides an automatic right to appeal to certain persons, namely children under the age of 14 years and children older than 14 but less than 16 years who are without legal representation at the trial and were convicted in a regional court.
It is important to note, which is the last point that I want to raise, in clause 8 of this Bill, the short title, “commencement of the Bill”. The clause stipulates 1 November 2003 or any earlier date, as the President may determine, as the date of commencement. That clause is a problem to this committee. We therefore thought that it was necessary for the President to be given enough time to consider and determine the date after he has considered the Bill and satisfied himself, in order to avoid further Constitutional Court cases. The date of 1 November should be removed from the Bill. And, we thought that the hon President needs to be given sufficient time to consider the piece of legislation and then sign it to be an Act of Parliament.
The ANC supports this Bill with its amendments, and we have no doubt that our colleagues in the National Assembly will find this amendment very necessary and important. Hence, we feel as this small House that we have applied our minds and given thought to all the issues that have been raised, whereas they sat with the Bill from 2002 and only gave it to us in
- But, in two days we were able as this committee, because of our commitment, to raise these issues. Thank you very much, Chair. [Applause.]
The DEPUTY MINISTER FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Members of the committee and hon members of this Council, thank you very much for your well-considered inputs.
I would like to say to Mr Lever that his being fourth might be a problem, but my being last and having to provide sum-ups of sum-ups, which becomes very complicated, is more of a problem. We also do not want to bore this honourable Council and the members of the public, so I will be brief. I’ll tackle just a couple of issues, perhaps.
Chairperson, thank you for bringing to our attention a practical case such as that of the “Eikenhof Three”, which shows how this new mechanism would work. For those of us who aren’t lawyers, which includes myself, it gives us a real-life situation that makes sense and makes us see the law live in our midst, and I think that is always very helpful. Lawyers have a tendency towards legalese and sometimes can mystify very ordinary things with big terms and big words, and this was a very practical illustration of how effective things could be with this new legislation.
On the issue raised by Mr Matthee regarding a victim-centred approach to law and our approach to courts, I must just say that given the human-rights approach of our legislation, this is the assumed position of our courts and of our current legislation.
I also think that as leaders across political parties, we have a very important task to do in eliminating from the minds of the public the unjustifiable perception - I know that as a legal person you would agree with me on this - that the accused enjoy more rights than the defence. There is this urban myth going around, and we need to explain to the people how the law works so that they are satisfied that the accused get good representation that protects their interests.
In view of our history, where a justice system was used for unjust acts, particularly as they related to the accused in political cases and on summary charges, we have a special history to honour in terms of recognising that the accused, and even those found guilty, are entitled to certain human rights. We acknowledge that by committing certain things and being found guilty thereof, they relinquish certain rights too. But, we have to inculcate in our national community an empathy and a real treasuring of our constitutional dispensation, and I would appeal to you to take this message out.
On the other hand, to address your concerns around victims - and we are very aware that courts, in a normal course of business, can very often lead to a secondary victimisation process unless magistrates and prosecutors have been sensitised to those issues.
The Law Reform Commission has considered this matter and concluded it this past Saturday. The report will be submitted to the Minister for consideration and possible implementation, and I’m sure that that will be in the next Parliament because it is a very, very, very detailed aspect of how our courts operate, how the victim is somehow brought into a process and issues such as impact statements for victims which have been used very successfully in other courts in other dispensations.
So I want to put a positive spin on it. Let’s just say that you and I stand together and say to the community at large: We demand of our legislation a human-rights approach. We affirm that approach and we automatically affirm the rights of victims to a specialist approach in their predicament, and then educate people about how the law tries to achieve this.
With reference to my hon colleague Kgoali, I take note of what she said about the effective date. I just need to reassure you that the President in this regard is very wily to the facts of what is happening and where in Parliament, and this is precisely the reason that he has parliamentary councillors who monitor processes and maybe flagged issues that might come up that would require him to apply his mind within a given timeframe. So we, as this Parliament and the President, have set in place structures that will say, “Gosh! There’s some really urgent stuff coming”.
This new legislation strikes a balance between the aspirations of our Constitution and the appropriate administration of justice, and that is a high-wire act. And, of course, we always - it’s a bit like in the army - work on stuff for two years and it is like, “Hurry up and wait”. You want to get it through yesterday. That is the nature of our process. It’s consultative; it’s faultful, and then when we realise we’ve been consultative and thoughtful, the element of urgency always creeps in at the end.
I think that, obviously in this year, these issues are exacerbated as the elections draw to a real final close. We’ve got no extension dates and things like that. We’ve got a lot of work to do before those elections. I think this is the added pressure.
I will, however, raise the issue that you have raised with the councillor to the President, the parliamentary councillor, and I’m sure she will alert him to the legislation coming his way for approval and highlight those specific aspects that you have all raised. Thank you very much. [Applause.] Debate concluded
Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS ON TREATY BETWEEN THE REPUBLIC OF SOUTH AFRICA AND THE PEOPLE’S REPUBLIC OF CHINA ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS
Mr P A MATTHEE: Chairperson, the Mutual Legal Assistance in Criminal Matters Treaty between the Republic of South Africa and the People’s Republic of China, which was signed by the Minister for Justice at Pretoria on 20 January 2003, is a standard treaty of mutual legal assistance. South Africa has similar treaties with many other states.
The People’s Republic of China, with its large population, is a very important country for South Africa, and the Select Committee on Security and Constitutional Affairs is glad that this agreement has now been entered into in terms of section 27(1) of the International Co-operation in Criminal Matters Act, Act 75 of 1996.
Chair, this treaty will, no doubt, improve the effectiveness of the law enforcement authorities of both countries in the investigation, prosecution, and prevention of crime through co-operation and mutual legal assistance in criminal matters. It should, therefore, be supported with enthusiasm by all law-abiding South Africans.
In terms of article 24(1) of the treaty, the treaty is subject to ratification and the instruments of ratification shall be exchanged at a place to be agreed upon.
As it is therefore necessary for us to ratify this treaty, I, on behalf of the committee, call upon this Council to ratify this treaty unanimously. I thank you. [Applause.]
Debate concluded.
The DEPUTY CHAIRPERSON OF COMMITTEES: Thank you. That concludes the debate. I shall now put the question, that the report be adopted. 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. I think they are all present.
In accordance with Rule 72 I shall first allow provinces the opportunity to make their declarations of vote, if they so wish. There is none. We shall now proceed to 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, against, or abstain from voting.
Ms B N DLULANE: In favour.
The DEPUTY CHAIRPERSON OF COMMITTEES: Free State?
Mr T S SETONA: In favour.
The DEPUTY CHAIRPERSON OF COMMITTEES: Gauteng?
Ms L JACOBUS: Gauteng supports.
The DEPUTY CHAIRPERSON OF COMMITTEES: KwaZulu Natal?
Mrs J N VILAKAZI: Siyavuma. [We agree.]
The DEPUTY CHAIRPERSON OF COMMITTEES: Limpopo?
Mr M I MAKOELA: Ons steun. [We support.]
The DEPUTY CHAIRPERSON OF COMMITTEES: Mpumalanga?
Ms M P THEMBA: Mpumalanga supports.
The DEPUTY CHAIRPERSON OF COMMITTEES: Northern Cape?
Mrs E N LUBIDLA: Northern Cape supports.
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?
Mr K D S DURR: Western Cape supports.
The DEPUTY CHAIRPERSON OF COMMITTEES: All nine provinces have voted in favour. I therefore declare the report adopted in terms of section 65 of the Constitution.
Report accordingly adopted in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS ON NOTICE IN TERMS OF INTERIM RATIONALISATION OF JURISDICTION OF HIGH COURTS ACT
Mr L G LEVER: Thank you, Chairperson. By way of background to the notice issued by the hon Minister for Justice and Constitutional Development, the Interim Rationalisation of Jurisdiction of High Courts Act seeks to give effect to the requirements of Item 16(6)(a) of Schedule 6 of the Constitution.
Prior to 1994 we had a number of nominally independent states, each with its own High Courts and departments of justice. A number of anomalies arose: Many people were often forced to travel many miles to have access to justice, when there were more convenient options readily available to them. The Interim Rationalisation of Jurisdiction of High Courts Act seeks to redress this problem.
The Interim Rationalisation Act seeks to promote access to justice, proper utilisation of resources, and promotes the constitutional imperative of access to justice.
The hon Minister for Justice and Constitutional Development has consulted with the effective role-players, the Chief Justice has mediated between affected parties and consensus has been reached on the changes to areas of jurisdiction proposed in the hon Minister’s notice.
The Natal and Durban and Coast local divisions will be given the areas of Umzimkhulu, Matatiele and Maluti, which will be given up by the Transkei division; the Eastern Cape division will gain areas of Herschel and Sterkspruit, which will be given up by the Transkei division; the Ciskei division will gain Cathcart, East London, King William’s Town, Komga, Queestown and Stutterheim; the Transkei division will gain Barkley East, Elliot, Indwe, Maclear and Ugie.
In terms of the Interim Rationalisation Act both Houses of Parliament must approve the notice before it can be published in the Government Gazette. The select committee recommends that this House approve this notice as it makes access to justice easier for the majority of ordinary people. [Applause.]
Debate concluded.
The DEPUTY CHAIRPERSON OF COMMITTEES: Thank you. That concludes the debate. Again I shall put the question, that the report be adopted. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether delegation heads are present in the Chamber to cast their votes. It looks as if they are all present. In accordance with Rule 72 I shall first allow provinces the opportunity to make declarations of vote, if they so wish. There is none.
We shall now proceed to voting on the question. I shall do so in alphabetical order. Delegation heads must please indicate to the Chair whether they vote in favour, against or abstain from voting.
Eastern Cape?
Ms B N DLULANE: Supports.
The DEPUTY CHAIRPERSON OF COMMITTEES: Free State?
Mr T S SETONA: In favour.
The DEPUTY CHAIRPERSON OF COMMITTEES: Gauteng?
The CHAIRPERSON OF COMMITTEES: Re a dumela. [We agree.] The DEPUTY CHAIRPERSON OF COMMITTEES: KwaZulu Natal?
Mrs J N VILAKAZI: Siyavuma. [We agree.]
The DEPUTY CHAIRPERSON OF COMMITTEES: Limpopo?
Mr M I MAKOELA: Re a thekga. [We support.]
The DEPUTY CHAIRPERSON OF COMMITTEES: Mpumalanga?
Ms M P THEMBA: In favour.
The DEPUTY CHAIRPERSON OF COMMITTEES: Northern Cape?
Mrs E N LUBIDLA: Supports.
The DEPUTY CHAIRPERSON OF COMMITTEES: North West?
Mr Z S KOLWENI: In favour.
The DEPUTY CHAIRPERSON OF COMMITTEES: Western Cape?
Mr K D S DURR: Supports.
The DEPUTY CHAIRPERSON OF COMMITTEES: All nine provinces have voted in favour. I therefore declare the report adopted in terms of section 65 of the Constitution. [Applause.]
Report accordingly adopted in accordance with section 65 of the Constitution.
BUSINESS SUSPENDED AT 11:50 AND RESUMED AT 14:10.
PETROLEUM PIPELINES BILL
(Statement)
Mr T S SETONA: Chairperson, I was not expecting this. Hon members, the significance of this Bill lies in the strategic importance of the pipeline network to the economy of a country, as the economy depends on the stable supply of fuel products which are transported through the network of pipelines. It is in this context that in the art of both conventional and guerrilla military warfare, attack and dislocation of petroleum pipeline networks have assumed strategic supremacy. I think hon Tolo will agree with me as a former guerrilla in this respect.
So let us imagine a situation in which the supply of liquid fuel is disrupted in our country; it would bring everything and every aspect of life to a virtual standstill. There would be no transport for people to go to work, to shopping centres, schools and other social centres, including places of worship. Goods would not be transported into and out of the country. The country would be isolated from itself and the whole world.
For quite a while, the operation and management of commercial pipelines in South Africa have been in the hands of the state. This Bill before the House this afternoon represents a paradigm shift in the operation and management of petroleum pipelines by opening the industry to the private sector. In doing so, the Bill introduces a new regime of regulatory measures to ensure the efficient operation of the pipeline network and orderly development of the network in future.
In view of the vision of the ANC, of creating and building a developmental state, it would be unwise to leave total operation of the network to the market forces without state intervention. Therefore the main purpose of this Bill is to establish a petroleum pipeline regulator as a custodian and enforcer of the national regulatory framework. One of the key functions of the regulator will be the issuing of licences and setting of tariffs and national standards for global economic competitiveness and local growth.
Through setting of tariffs and charges, the Bill promotes access to affordable petroleum products, thus bringing to an end excessive charges owing to monopolistic control and ownership of pipeline networks. It is in the nature of monopoly to determine prices unilaterally and usually charges higher prices, owing to lack of competing service providers. In this regard, this Bill will bring to an end anticompetitive practices that are so rampant in the unregulated monopolistic capitalist markets.
Through licensing, entry by companies owned and controlled by historically disadvantaged groups will be promoted and encouraged in the mainstream of the industry. In the issuing of licenses, the regulator will ensure that big companies that apply for licenses have to show their commitment to the empowerment of the historically disadvantaged groups. Entry by historically disadvantaged sections of our communities is not limited to the petroleum pipelines, but also stretches to the whole supply chain of the industry.
Through this, the ANC-led Government is translating into a living reality the vision of the Freedom Charter, crafted 57 years back by the pioneers of our struggle in Kliptown, who charged that, and I quote: “The people shall share in the country’s wealth.”
The Bill also take cognisance of the accidents and health hazards these pipelines pose to the communities living around them. And in this regard, it makes it compulsory for applicants to comply with health, security and environment conditions as one of the conditions to get a licence. It also compels licencees to submit an emergency plan to the authority on an annual basis in the event of system failures, accidents and other emergencies.
Companies are compelled to train their employees in terms of the implementation of the emergency plan and let the community know about this place. The Bill places local government, as the sphere of government closer to the people, at the centre of decision-making in terms of the plans for petroleum pipelines.
In conclusion, the Bill regulates the pipeline network in order to create a stable and internationally competitive liquid fuel industry in our country. For this reason, I challenge this august House to join the ANC in pushing back the frontiers of poverty by supporting this Bill unconditionally. I thank you. [Applause.]
Debate concluded.
Bill agreed to in accordance with section 75 of the Constitution.
PETROLEUM PRODUCTS AMENDMENT BILL
(Consideration of Bill and of Report thereon)
Mr T S SETONA: Chairperson, hon members, presented to this august House this afternoon, a few months from celebrating the dawn of the decade of freedom, is the Petroleum Products Amendment Bill, which represents yet another critical milestone in the growing task to transform the socioeconomic relations in our country. The Bill seeks to modernise the Petroleum Products Act of 1977, in line with the current socioeconomic and political realities of the South African liquid fuel industry. In doing this, it will ensure that governance of the liquid fuel sector is in line with the new Government policy imperatives, by giving effect to the White Paper on Energy for regulation of the industry. At the present moment, South Africa’s petroleum industry is beset by a myriad problems and constraints that have the potential to throw the entire industry into the throes of disruption if not attended to with a sense of urgency and purpose. Allow me to cite some of the key problems facing this industry, which this Bill seeks to address.
The agreement between Sasol and other oil companies is coming to an end, resulting in uncertainties and new negotiations that pose a threat to the stable and continued supply of quality products nationwide.
The recent mass closure of rural service stations and the concomitant proliferation of service stations in urban areas have the potential to create a shortage of supply in the rural areas, thus putting the whole network of supply at risk owing to economically unsound investments in the urban areas. Since the retail margins are small, it therefore means that more service stations mean lesser margins, thus impacting on petrol prices for motorists. The situation will deteriorate if Sasol and PetroSA are allowed to enter into retailing, which will have a regrettable impact on the small and medium-sized service stations.
Surely, no responsible Government would allow this situation to go unattended. Hence, at the core, the objective of this Bill is to address such challenges. The Bill seeks to provide for licensing of manufacturing and selling of petroleum products to ensure control in the number of service stations allowed to operate. By limiting the number of service stations according to demand and consumption of petroleum products, it will ensure efficient and productive retailing service stations. If the number of service stations is not limited, the volume of sales per site will decrease and cause increase in the retail margin and the overall petrol price.
Those wholesalers who want to enter the overtraded retail market, such as PetroSA and Sasol, could trade obligations to retailers to reduce the pressure to increase the number of sites. As we move closer towards the dawn of the decade of freedom, we do so with a great sense of pride and duty that our Government, through this Bill, also seeks to promote transformation and black economic empowerment in the liquid fuel industry.
The Bill promotes the advancement of historically disadvantaged South Africans through licensing. It also gives effect to the liquid fuel charter, through the envisaged regulations that will be promulgated subsequent to the passage of this Bill. Of critical significance to the poorest of the poor in this country is the fact that this Bill recognises the importance of paraffin and the LPG as the main sources of energy for the poor, by ensuring that the prices of paraffin and LPG are affordable to the poorest of the poor.
Through prohibition of self-services at petrol service stations in this Bill, the ANC-led Government is up to the task of promoting the creation and preservation of jobs. The Bill also prohibits the direct entry of all companies into the fuel retailing sector, thus saving small and medium companies, which may close in the face of unfair competitions from big companies. This could just as well lead to serious job losses.
With the passage of this Bill this afternoon, we are breaking ranks with the culture of the past in terms of which oil companies would simply use products that are harmful, without due regard to the health of our people and the impact on the environment. This Bill gives the Minister the power to put in place regulations that will prescribe specifications and standards, and to prohibit the blending or mixing of petroleum products in pursuit of profit at the expense of our people’s health.
With this short presentation, I present this Bill before you for adoption without amendments. I thank you. [Applause.]
Debate concluded.
Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.
ELECTORAL LAWS AMENDMENT BILL
(Consideration of Bill and of Report thereon)
The MINISTER OF HOME AFFAIRS: Hon Chairperson, hon members of the NCOP, on 26 September 2003 I introduced the Electoral Laws Amendment Bill in the National Assembly. After vigorously debating it, the National Assembly subsequently adopted the Bill.
Today I feel honoured to introduce this very important piece of legislation before this House. It is important, because it is the basis upon which next year’s elections are, in fact, going to be conducted. At the moment there are no legal mechanisms governing the electoral system to be used for these elections.
You will recall that the 1999 elections were conducted in terms of the transitional arrangements set out in Schedule 6 of our Constitution, the Constitution of the Republic of South Africa, Act 108 of 1996. In fact, section 46 of the Constitution requires Parliament to pass an Act in terms of which an electoral system can in fact be determined.
In an attempt to find the most appropriate electoral system for our country, I appointed the Electoral Task Team, under the chairmanship of Dr Frederick van Zyl Slabbert, in 2002. The Electoral Task Team’s brief was to investigate an electoral system that is best suited to our needs, and to formulate the parameters of new electoral legislation in order to prepare for the scheduled national and provincial elections in 2004 and beyond.
This team completed its investigation towards the end of 2002 and submitted its report in January 2003. The report contained two different conclusions on the appropriate electoral system for both the National Assembly and provincial legislatures.
I then submitted the report to Cabinet for a decision. Cabinet decided that electoral legislation should be drafted in line with the minority recommendation, and not in line with the majority recommendation. The proposed electoral system for 2004 is incorporated in the Electoral Laws Amendment Bill, which I now have the pleasure of presenting to this House.
Besides accommodating the electoral system, the Bill also seeks to amend certain provisions that have now become obsolete in both the Electoral Act of 1998 and the Electoral Commission Act of 1996. The enactment of the Local Government: Municipal Electoral Act of 2000 provided for an electoral system for municipalities, so that the Electoral Act of 1998 now applies to municipal elections only to the extent as set out in the Municipal Electoral Act.
The Bill also seeks to introduce a measure in terms of which disabled voters could be assisted, as well as provisions dealing with mobile voting stations, especially in our rural areas. However, it does not provide for South Africans to vote abroad.
The schedule containing the proposed electoral system for the National Assembly and the provincial legislatures seeks to retain the current electoral system. The system provides for 400 seats in the National Assembly to be filled in an election where voters vote for a party. The party is allocated a number of seats proportional to the percentage of the total number of votes attracted by the particular party. The seats are filled from nine regional lists of candidates, topped up, if necessary, from the national list of candidates.
The proposed amending Bill also retains the current system to the provincial legislatures and further regulates the modalities of conducting elections and allocating seats in the National Assembly and provincial legislatures. I regret the fact that there has been this delay. I am not responsible for it. In fact, I have got to abide by what Cabinet says. Of course, we are jointly and severally responsible as Cabinet. But in spite of that, I would like to say that all of you are aware that I am a Minister of a minority party operating in Government. I urge that this House accept the Electoral Laws Amendment Bill. I thank you, Sir. [Applause.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Thank you, hon Minister. Hon members, I have been informed that copies of the report of the Select Committee on Social Services have been distributed in the House. I think everyone has got a copy. As we deliberate on the Bill, bear in mind that you have the report and that it has been agreed to by the committee.
Ms L JACOBUS: Deputy Chair, I thought I was going to be much briefer than the Minister, but it seems he has already gotten there. I think the Minister has set the pace for this debate. May I also just indicate, before I get to my speech, that with regard to the next debate on the next Bill - a Home Affairs Bill - I have asked my colleague hon member Kgware to lead the debate on my behalf and to present my input. I wanted to indicate that to the Duty Whip, but unfortunately he is not here - if the Table could just take note of that because I have to leave. Hon Chairperson, hon Minister and members, it is again my pleasure to rise to participate in the debate on behalf of the Select Committee on Social Services on the Electoral Laws Amendment Bill.
As we are aware, this Bill was passed in the National Assembly before we adjourned for the constituency period we are currently supposed to be in. This is the second time we are interrupting the constituency period to reconvene to pass this and other pieces of legislation. We had a sitting this morning as well at which we passed other pieces of legislation concerning justice.
The point I’m trying to make is that of the continually late and hurried introduction of legislation by our executive as a whole. I’m not pointing a finger at the Minister in particular. As I said, this is an executive problem. This places a tremendous strain and pressure on committees to pass legislation and, many a time, to overlook important detail that may have unintended negative consequences.
This then casts all sorts of negative aspersions on ourselves as members of Parliament. It also brings into question our integrity and our ability to do what we were elected to do, and that is to represent and speak on behalf of all our people and to debate their views and concerns. This urgent meeting we have to have in order to rescind an amendment we proposed when we deliberated and voted on the Bill proves what I have just said.
We have had to withdraw the amendment in the interest of time, because it would have delayed some of the preparations for the upcoming elections in
- The amendment in question is in the long title of the Bill, where reference is made to “handicapped” voters. All of us in this House are aware that this is a derogatory and very politically incorrect term for persons with disabilities.
We were advised by the parliamentary law advisers with regard to our continuing with the proposed amendment that that would constitute a substantive amendment and, subsequently, the Bill would have been referred back to the National Assembly for reconsideration by the portfolio committee, as well as approval by the House. And, as I have said, that would have delayed preparations for the forthcoming elections.
It’s unfortunate that the Chief Whip is not here. I wanted to make an appeal to the Chief Whip, and to you as a presiding officer, to raise with the Leader of Government Business and for the Leader of Government Business to raise in Cabinet, as I say, generally, the matter of late introduction of all pieces of legislation. As we are aware, there are various committees still sitting here, when we are supposed to be doing constituency work, that are trying to get legislation off their desks before we rise for the end-of-the-year recess and constituency period.
Coming back to the Bill itself, the Bill makes provision for the amendment of the Electoral Act of 1998 so as to, amongst other things, limit the application of the Act with regard to municipal councils - this is contained in clause 1 of the amending Bill - to make new provisions regarding voters’ rolls, the review of voting districts and voting stations; to insert a new schedule prescribing the system of representation in the National Assembly and provincial legislatures - and the Minister alluded to that, that is schedule 1A - and to make new provisions for the registration of political parties.
We had long debates around all the amendments, but I’m just going to touch on what we thought, as a committee, were some of the significant amendments that were effected. The first amendment deals with the application of the Act, as I said, to include the election of a municipal council or a by- election for such council, but only to the extent stated in the Local Government: Municipal Electoral Act, Act 27 of 2000. Municipal elections were excluded from the principal Act, and the Bill before us attempts to make the Act more inclusive, rather than exclusive.
Secondly, clause 2 deals with the lowering of the age for registration as a voter from 18 to 16 years. This should therefore not be confused with the voting age. A person who is sixteen now can register on 8 November and 9 November, but his or her name will only appear on the voters’ roll when he or she turns eighteen. So if there are any sixteen-year-olds listening and watching, they are not welcome at the polls in 2004, to vote.
Thirdly, with regard to clause 4, this amendment deals with who is eligible to register as a voter and who is not, as well as the criteria for the latter category - that’s also clearly spelt out. A further amendment to section 8 of the principal Act, 8(3), also provides for a person to register only in a voting district where he or she is ordinarily resident.
Clause 5 deals with the voters’ roll. It stipulates that only registered political parties, of course on payment of a prescribed fee, will have access to the voters’ roll and that they may only use that information for purposes of the election. This is to prevent a situation in which all and sundry have access to the voters’ roll and all the information contained in it, and then use it for all manner of purposes besides that of elections. Punitive measures are also clearly prescribed in this section.
Clause 7 of the Bill before us refers to clause 24(b) of the principal Act and deals with the issue of prisoners who may vote and those who may not vote. And, may I say, lots of discussion took place around this particular clause in our committee. I’m not going to elaborate much because one of my other colleagues will speak on this clause in more detail, save to say that besides the explanation we got from the IEC, we also sought guidance from our Constitution.
Clause 35 in the Bill of Rights deals with the rights of those who have found themselves in conflict with the law. To begin with, nowhere in that clause does it mention the right to vote. What it does mention in 35(3)(h) is the right to be presumed innocent, of course until proven guilty. In a lay person’s terms, this means persons awaiting trial. However, clause 36 of the Bill of Rights places a limitation on all rights and freedoms, and the criteria for limiting these are also spelt out in this very clause.
The next clause, which, I think, was of significance was clause 9(1)(b) of the amending Bill. This clause deals with, amongst other categories, people who are out of the Republic on election day. The Minister also alluded to that category of people. The only category of people who will be allowed a special vote on that day are people who are out of the Republic on Government service or members of their families. They would have to, however, apply for a special vote and indeed prove that they are absent from the Republic owing to Government service. Again, another colleague will elaborate on this clause.
However, amongst the motivations from the IEC was that of, in no particular order, infrastructure, human resources and the costs thereof; security of the ballot papers that have to be transported back to the country; and the issue of restructuring the election timetables. The last amendment which I thought was of particular significance was clause 18 of the amending Bill. This clause deals with the establishment of mobile voting stations. In this clause the commission is given the power to establish mobile voting stations in large and sparsely populated areas. Provinces such as the Northern Cape, the Eastern Cape, from which I hail, KwaZulu-Natal and other rural provinces come to mind, where people have to travel for hours to access facilities and Government services. This is another example of Government’s commitment to bringing services, in general, closer to the people. This amendment is therefore welcomed.
In conclusion, I’d like to thank the department, Adv Malatsi, who is here, and his colleagues who were part of our deliberations, Adv Kelner from the Office of the State Law Adviser, who assisted us and responded to all our questions adequately, members of the committee who vigorously argued and debated, and members of the public who made submissions since the Bill was first introduced in Parliament. I want to say that no legislation is cast in stone, but is always open to amendment and improvement as time goes on. This Bill, certainly, is no exception to that. As the saying goes, “the proof of the pudding is in the eating”. Let’s dig in and identify shortcomings and, where there is room for improvement, let’s improve on those as and when they are identified.
Not forgetting my opening remarks, I submit to the House the committee report that the Bill be agreed to without further amendments. Thank you. [Applause.]
Mrs J N VILAKAZI: Chairperson, our Minister here, Dr M G Buthelezi, hon members, as we move towards the anniversary of our first decade of democracy, who can forget the first democratic election in 1994. For days, people stood in long, seemingly unending queues to cast their ballot. Certainly, a measure of how far our democracy has come is to look at what has been done to improve the voting process and system.
It is in this regard that the Electoral Laws Amendment Bill must be examined. Critically important to the electoral process has been the development of a process whereby people vote on a voter’s roll. Further developments have included the electoral task team appointed by the hon Minister of Home Affairs, and chaired by Dr Van Zyl Slabbert, that looked into electoral models for the country. Although it is unfortunate that somehow this has not materialised.
I will not dwell on the delays caused in bringing this Bill to Parliament, except to say that those who raised their voices casting blame for the delays appear to emanate from the very same quarters that brought about the delay in the first place. Despite this, the Minister and the department must be praised for bringing the Bill to Parliament on time for us to have an election next year.
In conclusion, I must, however, add my voice to those who have complained about the disenfranchisement of voters who will be abroad on election day. While one is aware that arranging voting for such people would be a complex undertaking, one is equally aware that it has been possible to make arrangements for Government employees abroad. Such inequities run contrary to the spirit of our democracy. Well, as our chairperson has said, naturally the proof of the pudding in this Bill will only be seen on election day. [Interjections.] In the eating, on election day, I said. [Laughter.] Perhaps those of you who will return after elections - this is bitter, I know - might find it prudent to review the Bill in that context, accordingly.
On behalf of my party, the IFP, we support the Bill. [Applause.]
Ms E C GOUWS: Hon Chairperson, hon Minister, hon colleagues, this Bill has been debated at length. The merits and demerits have been pointed out. Some have threatened with the Constitutional Court, but now I want my bite at the cherry, and allow me to state my concerns as a caring, loyal supporter and a proud South African. Suid-Afrika is ‘n land van sonskyn, pragtige natuurskoon en vriendelike mense. Sedert 1994 is ons ‘n ware demokrasie. Hoe kan ons ooit die mense se entoesiasme vergeet tydens daardie eerste verkiesing. Ons onthou die lang toue mense wat geduldig ure gewag het om deel te wees van demokrasie om met hul kruisie hul besluit oor Suid-Afrika se toekoms te verewig. Voorsitter, die reg om te stem in jou land van geboorte was een van die grootste gebeurtenisse in hierdie land. Ons het gejuig. Baie mense het baie lank en met baie opofferings en soms met baie pyn vir hierdie saak geveg. Tien jaar gelede was 2004 se stemgeregtigdes maar net agt jaar oud. In die tussentyd het hierdie kinders van 1994 ons toekoms geword. Hulle moet help bepaal waarheen Suid-Afrika oppad is. Duisende van Suid-Afrika se jong mense moes egter leer dat demokrasie alleen nie kos op jou tafel bring nie. Daarvoor moet jy werk. En as jou land nie vir jou kan werk bied nie, moet jy gaan waar jy ‘n inkomste kan verdien.
Ek praat hier van jong mense wat in die buiteland moet gaan werk om studieskuld te betaal, om geld bymekaar te kry om hier in Suid-Afrika waar hulle eintlik wil wees eiendomme te koop en om geld te verdien om die familie in Suid-Afrika te ondersteun, om soos ons in plat Afrikaans sê die pot aan die kook te hou. Voorsitter, dis hierdie mense wat tydelik in die buiteland is wat steeds Suid-Afrika ekonomies steun. Dis hierdie mense wat my party glo die reg verdien om in die verkiesing te stem. Dis hierdie mense wat meer toegerus en wyser terugkeer, dis hulle wat deur klousule 9 van die wetsontwerp verhoed word en hul demokratiese reg om te stem verbeur.
Ons moet nie net gedurig kla oor jong mense elders werk soek nie. Ons moet darem van ons kant ook wys ons gee om, en wil graag hulle terugwen vir Suid- Afrika se ekonomie. Dis onaanvaarbaar om te skuil agter die koste storie. Ons soek realiteit van beide kante. As die Regering se amptenare mag stem by ambassades, waarom nie ander Suid-Afrikaanse burgers nie?
Die finansiële probleme en administratiewe logistiek mag nie swaarder weeg as die reg van ons burgers nie. Is dit dan nie presies waaroor die ongelukkigheid voor ‘94 gegaan het nie, op kleiner of groter skaal, maar die prinsiep is dieselfde. Mense word verhinder om hul demokratiese reg te gebruik.
Oor die saak van so baie jong mense in die buiteland, nog net dít. Werklose mense is die grootste bron van kommer vir die Regering. Dis die werkloses wat oorgaan tot misdaad om te oorleef. Ons tronke is oorvol werklose misdadigers. Kom ons wys eerder respek teenoor mense wat groot opofferings maak om in die vreemde op ‘n eerbare wyse ‘n salaris te verdien om skuld in Suid-Afrika te kan vereffen. Daar is geen soveel ‘n permanente brein drein nie, maar wel moedelose werklose mense, want hierdie slim kinders van ons sal terugkom. Ons moet erkenning gee vir hul inisiatief. Hulle bly steeds lojale Suid-Afrikaanse burgers. (Translation of Afrikaans paragraphs follows.)
[South Africa is a country of sunshine, natural beauty and friendly people. Since 1994 we have been a true democracy. How can we ever forget the enthusiasm of the people during that first election? We still remember the long queues of people who patiently waited for hours in order to be part of democracy and, by way of their vote, to have their decision regarding South Africa’s future registered for perpetuity. The right to vote in the country of one’s birth was one of the greater events in this country. We rejoiced. Many people had fought for this cause for many years and with many sacrifices, and sometimes with great pain. Ten years ago the enfranchised for 2004 were only eight years old. In the meantime these children of 1994 have become our future. They should assist in determining where South Africa is headed. Thousands of South Africa’s youth, however, had to learn that democracy itself cannot put food on one’s table. For that one has to work. And if one’s country cannot provide one with employment, one has to go where one can earn an income.
I refer here to young people who have to work abroad in order to settle their student loans, to save money in order to purchase property here in South Africa where they would rather be, and to earn a living in order to support their family in South Africa; put in plain language, in order to keep the pot on the boil. It is those people who are temporarily abroad who are still supporting South Africa economically. They are the ones who, my party believes, have earned the right to vote in the election. These are the people who return better equipped and wiser, they are the ones being prevented by clause 9 of the Bill and who are forfeiting their right to vote.
We should not only perpetually complain about the youth who are seeking employment elsewhere. We should at least demonstrate on our part that we care, and that we would like to win them back for South Africa’s economy. It is unacceptable to hide behind the story of costs. We seek reality on both sides. If the Government’s officials may vote at embassies, why not other South African citizens?
The financial problems and administrative logistics should not weigh more heavily than the rights of our citizens. Was that not exactly what the unhappiness before ‘94 was all about, on a smaller or larger scale, but the principle is the same? People are being prevented from exercising their democratic right.
As regards the issue of so many of our youth abroad, I just want to say this. The unemployed are the greatest source of concern for the Government. It is the unemployed who turn to crime in order to survive. Our prisons are overpopulated with unemployed criminals. Let us rather demonstrate respect towards those who are making great sacrifices by earning a salary in a foreign country in an honourable manner in order to settle their debts in South Africa. It is not so much a question of a permanent brain drain as one of disheartened unemployed people, because these clever children of ours will return. We should acknowledge their initiative. They remain loyal South African citizens.]
This then is our concern about clause 9, and a further concern is around the interest of all disabled people. In the preamble to the Bill, reference is made to assistance to “handicapped” voters. It is ludicrous to believe that in a modern society such as South Africa Government is still making use of the word handicapped. The word handicapped refers to hand-in-cap. It is a derogatory word to the disabled community. It is unacceptable.
Regarding the substitution of section 39 of Act 73, the DA would like to see all voting stations comply with all the necessary legislation and regulations pertaining to environmental accessibility by disabled persons, including the code of practice or regulation of the SA Bureau of Standards. Everybody should be able to enjoy their constitutional right to vote.
The cost factor should be irrelevant, as in the case of the overseas South Africans. The belief in this House and in Government is that the DA is always negative and that its members are not loyal South Africans. Please, get that out of your mind. It is because we are loyal that we want the best for our country. This Bill is not in the best interest of our country. [Interjections.] This Bill disenfranchises South Africans working in other countries and it discriminates against people who are disabled. We cannot support this Bill. Thank you. [Applause.]
Mnr J HORNE: Agb Voorsitter, agb Minister en lede van die Huis, die gewysigde Kieswet wat ons vandag debatteer in die Huis is en bly belangrik. Hierdie wet bepaal die gang van die volgende verkiesing en gaan ook verseker dat die verkiesing eerlik, vry en regverdig is om sodoende harmonie te bewerkstellig. Die wysigings wat aangebring is, is juis om te verseker dat die kiesers paraat gaan wees vir die verkiesing.
In die lig hiervan, sal die aanpassings in die wet nie hul doel dien as daar nie toegesien word dat die kiesers opgelei word rakende die inhoud van die wet nie. ‘n Mens kan baie leemtes in die wet uitwys soos byvoorbeeld dat die wet nie voorsiening maak vir die gewone mense wat oorsee werksaam is om hul stem uit te bring nie. Hierdie aspek sal egter in die nabye toekoms na gekyk moet word sodat niemand sover as moontlik uit die verkiesing uitgesluit word nie. Tog is daar ander ligpunte in die wet, soos dat kieserslyste van adresse voorsien sal word wat die aanloop tot die verkiesing sal vergemaklik.
Alhoewel die wysigings wat vandag deur die Raad goedgekeur moet word deur die NNP ondersteun word, bestaan daar tog ‘n groot moontlikheid dat sekere partye wat gegrief voel dat duisende van die land se burgers wat tydelik oorsee is en wat ook belastingbetalers is nie kan stem nie, dit na die Grondwetlike Hof sal neem. Dit sal gebeur, nieteenstaande die feit dat baie min van die land se burgers in die buiteland wel sou gestem het indien dit toelaatbaar was. As die Grondwetlike Hof nou besluit dat die wysigings na die Parlement terug verwys moet word, sal dit die verkiesing vir volgende jaar in trurat sit. Ons sal dan maar moet wag en sien of dit gaan gebeur.
Ten slotte wil ek die Departement van Binnelandse Sake en sy amptenary bedank vir die wyse waarop hulle die voorligting aangebied het. Ons vertrou dat ons volgende jaar ‘n toekomsbepalende verkiesing sal hê. Die Nuwe NP ondersteun die wet. (Translation of Afrikaans speech follows.)
[Mr J HORNE: Hon Chairperson, hon Minister and members of this House, the amended Electoral Act debated in this House today is and remains an important Act. This Bill determines the course of the next elections and will also ensure that the elections are honest, free and fair in order to bring about harmony. The amendments were made to ensure that the voters will indeed be ready for the elections.
In the light of this, the amendments to the Act will not serve their purpose if the voters are not trained regarding the content of the legislation. One can point out many loopholes in the Bill, for example, that the Bill does not make provision for ordinary people working overseas to cast their vote. This aspect will have to re-examined in the near future so that as few people as possible are excluded from the elections. Yet there are some other highlights in the legislation such as the fact that the voters’ lists will be provided with addresses, which would make the run- up to the elections easier.
Although the amendments to be approved by the House today are supported by the NNP, the possibility nevertheless exists that some parties will be aggrieved by the thousands of the country’s citizens who are abroad temporarily, and who are taxpayers, but who cannot vote and will take it to the Constitutional Court. This will happen, notwithstanding the fact that very few of our citizens abroad would have voted in any event if it were allowed. If the Constitutional Court now decides that the amendments must be referred back to Parliament, it will throw next year’s elections into reverse. We will have to wait and see whether this is going to happen.
In conclusion, I want to thank the Department of Home Affairs and its officials for the way in which they presented their information. We trust that we will have elections that will determine our future next year. The NNP supports this Bill.]
Mr D M KGWARE: Deputy Chair, hon Minister, colleagues, any Bill which seeks to amend the election process needs to be considered soberly and with a great deal of caution.
After all, we in the ANC spent considerable time with the Electoral Laws Act to ensure that we have an electoral process that seeks to include the majority of our population who have been completely disenfranchised by apartheid. Indeed, the electoral laws of any country are the window through which other countries gain insight into the inner workings of that democracy. It is the first place where we are either condemned or lauded as a professed democratic nation.
We still remember, with a sense of disbelief, the disaster that followed the United States’ electoral process which elected George W Bush as president. The United States, I think, never really overcame the election disaster. Indeed the world took a second look at their electoral system, often touted as the best democracy in the world, and began to question the archaic voting processes. South Africa, in contrast, can be justifiably proud of its own system which invented the patented zip-zip machines which easily read the bar codes of the voters and record instantly the details of the person voting.
Nonetheless, we are here today because there was a need to investigate our current electoral process to verify if it completely covers all aspects of the electoral process that we envisaged with the passage of the principal Act.
To this end, an electoral task team was established in March 2002 to interrogate this matter. All political parties represented in Parliament were consulted. The terms of reference of the electoral task team included: firstly, to develop specific proposals identifying the preferable electoral system to be canvassed with the role-players and stakeholders, and secondly, to identify constitutional parameters.
All the political parties in Parliament participated. As in any forum where all political parties are involved, robust interaction followed. The nett result of all this interaction is what we have before us - a Bill which, whilst it retains the core values and principles of our fledgling election system, nonetheless seeks to make certain adjustments to boost the Electoral Act of 1998 and the Electoral Commission Act of 1996. Some of the changes were necessary in certain instances because sections of the Electoral Act had been rendered redundant by the passage of the Municipal Electoral Act of 2000.
One area of amendment that sparked a great deal of debate was the issue of prisoners being allowed to vote while in prison. The ANC listened to the discussion very carefully; we weighed our options very seriously. In addition, we looked at what the trends were internationally. Interestingly, the subject of allowing prisoners to vote is a hotly contested debate worldwide, even in democracies that have been established for much longer than ours. For the most part, there is a trend globally to disqualify at least some categories of prisoners from voting, especially those serving a lengthy sentence.
In France, some categories of crime have an automatic disqualification. Trial courts in Greece can disqualify on a case-by-case basis. Germany disqualifies those who are convicted of offences against the state. Others use varying lengths of time as cut-off periods: Sri Lanka, six months; Canada, two years; New Zealand, three years, and Australia five years. In the United Kingdom and Japan, all prisoners serving sentences are excluded. In Denmark, Ireland, Israel, Sweden and Switzerland, all prisoners can vote. No country takes such a decision lightly.
In Canada, the elections Act initially disqualifies as a voter “every person undergoing punishment as an inmate in any penal institution for the commission of any offence”. This was successfully challenged by Sauvé, who was serving a life sentence for first-degree murder and ÿ.ÿ.ÿ. [Inaudible]. What followed this challenge was an amendment to the Canadian elections Act, which prohibits from voting only prisoners serving sentences of more than two years. Their elections Act, in this section, therefore reads, I quote: “The following persons are not entitled to vote at an election: every person who is imprisoned at a correctional institution serving a sentence of two years or more”.
Incidentally, even the chief electoral officer and the assistant-chief electoral officer are also not entitled to vote according to the Canadian electoral Act. However, even this ruling was challenged in their supreme court, and it ruled that blanket prohibition has violated the constitutional rights of prisoners. The only consideration constricting the rights of prisoners to vote that was upheld was to have a case-by-case evaluation, to avoid the arbitrary nature of the violation of the rights of prisoners. To the best of my knowledge, it is still the current position that Canadian prisoners can vote if they are serving sentences of less than two years.
In our country, in 1999, Arnold August and Veronica Mabatho raised the concern of the voting rights of prisoners. According to the interim Constitution, disqualification from voting existed for those who were, I quote: “detained in a prison after being convicted and sentenced without the option of a fine in respect of any of the following offences, irrespective of any other sentence, in respect of any offence which is served concurrently with the first mentioned sentence: murder, robbery with aggravating circumstances and rape, and secondly, any attempt to commit any offence that will fit into subparagraph 1”.
Even our 1996 Constitution makes no specific mention of a disqualification of prisoners from voting. According to Judge Sachs, I quote: “If Parliament seeks to limit the unqualified right of adult suffrage entrenched in the Constitution, it will be obliged to do so in terms of a law of general application which meets the requirement of reasonableness and justifiability as set out in section 36.” In fact, our 1998 Electoral Act was also silent on the issue of prisoners. The only disqualification existed in the case of fraudulent applications by people who were not South African citizens and those who have been declared by the High Court to be of unsound mind or mentally disordered.
Indeed after much soul-searching, we concluded that prisoners, by their own actions, showed that they have no respect for the democratic legislative process of our country. After a fair legal process, they were found to be guilty of violation of the law and the severity of crime indicated the sentence they needed to serve. The differences that exist in the current treatment of prisoners exist not because of the colour of their skin, religious practices, or any other reason, but because of the nature of their crime against society. Even so, it has never been the intention of the ANC to disenfranchise all prisoners, but only those who are serious criminals, whose actions pose a great threat to society. Therefore the ANC felt that since there were instances where prisoners were serving sentences in prison because they have no option economically, they will be allowed to vote. We therefore endorse the amendment that allows prisoners who have the option of a fine, the right to vote. I thank you. [Applause.]
Mr K D S DURR: Chairman, I must tell you that knowing this Minister and knowing what a fair-minded man he is, I can’t believe that he actually, wilfully associates himself with some of the clauses in this Bill. But I understand how Cabinet works, and I understand that the Minister is a loyal member of the Cabinet and is subjected to those constraints. Within that spirit, I want to say that the provisions of the Bill, which allow only for Government officials and their households to vote abroad, is unimagined and unconstitutional. It certainly is discriminatory. My party is also looking at the question of taking this matter to court.
In a free society with a free economy, where we as a nation have opted for globalisation, the natural and logical consequence of that policy of globalisation is that South Africans would find themselves abroad: studying, serving, working abroad in the interest of our country and in the interest of our economy. The reality is that 70% of the GDP of this country is generated by imports and exports. The reality is that in a city like London there are 40 000 South Africans working on business imports and exports to Europe.
They are as legitimate there, working in the interest of our country, as any Government official is. The fact of the matter is: Why do we discriminate against these South Africans and only allow Government officials to vote? [Interjections.] Anybody working abroad … why do you call it running away, Mr Raju? That hon member needs to have his head examined.
The fact is that our Minister of Tourism goes abroad and he visits these South Africans, and appoints “sunshine ambassadors”, as he calls them. These South Africans abroad must encourage people to invest in and to visit South Africa, and he gives them standing. So you can work for South Africa abroad, you can be a sunshine ambassador for South Africa abroad, but you cannot vote for South Africa abroad.
In my view, Minister, it is a sick joke. And no one can tell me; I am singularly well-placed, Minister, to tell you that it is administratively difficult to arrange. I was the ambassador in London in 1994, when the election was conducted. It was my personal responsibility …
An HON MEMBER: For who?
Mr K D S DURR: For the Government of South Africa. I had the responsibility of adjudicating over that election. I can tell you that nothing was a happier occasion, and nothing could have been easier. And I want to say nothing brought South Africans more together, and nothing was a more positive advertisement for our country than that.
So in South Africa today you can go to jail and vote, but you can’t go abroad to work for your country and vote. The argument, therefore, that there are administrative difficulties, is nonsense. The whole postal voting and special voting is a well-tried mechanism. At the moment the Romanians are voting in a referendum, including Romanians in South Africa. The Portuguese in South Africa, the British in South Africa and the Swiss in South Africa are voting all the time in elections in their own countries. [Interjections.] [You too ran away. As the ambassador … This Minister didn’t run away. This Minister has always stayed in South Africa and fought in the country. He never ran away, anyway. He’s not a man who runs away.
I want to tell you that if political parties go abroad and raise money from people abroad … [Time expired.]
Mr J O TLHAGALE: Hon Chair, hon Minister and the honourable House, when the leaders of this country got up in the World Trade Centre to draft a new Constitution for the new South Africa, they were in fact signing a promissory note, that all men and women, that is black men and women, as well as white men and women, would be guaranteed the right to life, liberty and the vote. This was hailed as a splendid achievement not only by the large majority of South Africans who had previously been denied the right to vote, but it was also hailed as a step in the right direction by the international community. However, today we in the UCDP find it difficult to believe that South Africa is not defaulting on this promissory note in as far as her citizens at large are concerned.
Instead of honouring the sacred obligation, South Africa is now giving her overseas citizens a bad cheque which will be dishonoured by the bank and marked as having insufficient funds. We in the UCDP find it difficult to believe that the bank account of the IEC is empty. After all, it is the IEC that proposed the amendment, and we refuse to believe that there are insufficient funds in the great vaults of this nation.
Can we imagine what the situation would be like if registered voters such as Mark Shuttleworth, Shaun Bartlett, Benny McCarthy, Lucas Radebe and others were not allowed to vote whilst being overseas? We contend that as much as is spent for their goals, why not spend for their votes as well.
The Bill by and large addresses other concerns relating to the elections about which we are in agreement. However, we remain hard put and uncompromising around the fact that some South Africans are being disenfranchised by this piece of legislation.
A country such as Senegal is presently planning what to do for such people during their coming election. South Africa, which is accepted as the torch bearer for democracy in Africa, should surely do better than Senegal. I’m afraid, the UCDP will not vote in favour of this Bill. [Interjections.]
Ms R P MASHANGOANE: Madam Chairperson, hon Minister and hon members Ntate Tlhagale, Setswana sa re, setopo re supa nakedi, magogwe re mmega a sule … Mr Tlhagale, in Setswana one says seeing is believing.]
We should indeed be proud, as South Africans, that we are approaching our third national democratic elections with none of the chaos and anarchy which the prophets of doom predicted. We have all become familiar with the term “chicken run”, which refers to South Africa citizens who gave up hope that a new South Africa could exist, spearheaded by a black President. Needless to say, a new South Africa, which was at the same time democratic, prosperous and respectful of the laws of the land, emerged from the ashes of apartheid.
At present, South Africa has in the past two national elections proven beyond any doubt that we are a truly democratic country. None of the sinister rumblings of white apartheid generals plotting a white takeover of South Africa, or strategists plotting a crime wave to demonstrate to the outside world that a black person cannot rule, have materialised.
In the historic first national democratic elections held in South Africa in 1994, with no voters’ rolls in place in order to check the eligibility of voters, approximately 20 million voters cast their votes, and approximately 12 million chose to put the ANC-led Government in place, with Madiba at its helm.
In 1999, our second democratic elections became a little bit more complex. We now had a voters’ roll for which eligible voters, who firstly had to register with a bar-coded, 13-digit identity document, found themselves at their appropriate voting stations across the country where they were expected to cast their ballots. It was quite a learning process for every single South African, but we proved ourselves equal to the task.
So despite these necessary restrictions, approximately 16 million people voted, and again the majority of approximately 11 million people chose to continue with an ANC-led Government. Even with our first municipal elections held in 2000, where a new ward system was formulated and South African citizens were once again expected to learn a new system of electing local government councillors, we were ready for the task, thanks to the R46 million voter education campaign launched by the IEC, with the theme: “Vote; it’s your right.” Approximately 18 million people turned out to vote.
All these statistics show that it was no accident that the ANC was put in charge of South Africa. We will continue to be in charge for as long as the majority of our people still have confidence in the ANC’s ability to deliver a service with a bias towards the poor and the vulnerable; is committed to transformation and is accountable - even when the actions of its highest officials are being questioned.
The Electoral Laws Amendment Bill before us demonstrate this continued commitment to enfranchise rather than to disenfranchise. It therefore attempts to improve the principal Act in a number of ways; firstly, by revising voter registration, the voters’ roll, voting districts, voting stations and voting hours; secondly, by allowing certain prisoners to vote; thirdly, by providing assistance to disabled persons, especially those who are blind or visually impaired; fourthly, by releasing the IEC from the responsibility of making the decision regarding which categories of voters may apply for special votes.
In the past elections, if you did not find yourself on the voters’ roll where you were registered as a voter, you would find yourself forfeiting the right to vote. The new amendment, section 24(a), allows you to bring proof of your registration to the polling station with all supporting documentation, and you would then be allowed to vote.
Out of the above-mentioned categories, the issue of special votes has brought about a great deal of friction during committee deliberations. Among various political parties, the special vote is a mechanism which our Government utilises to allow South African citizens who will be out of the country for an extended period of time, an opportunity to cast their vote in the country where they currently reside.
There were a number of inputs forwarded to accommodate those who would be travelling or residing temporarily in a foreign country during the time of the elections. Parties argued over why this should or should not be allowed.
To a certain extent, this need has already been accommodated in section 33 of the 1998 Electoral Act, where the Act accommodates those who have a physical infirmity, disability or pregnancy, as well as those who are absent because they are in Government service with members of their households. This section also accommodates those who are in the security services protecting the country.
The ANC has opted, at this point in time, not to make provision for those who are currently outside of the country for business purposes, for studies or on holiday. The reasons are multifaceted. In the first instance, the 1998 Electoral Act had taken such a decision, giving powers to the IEC, but in the 1999 elections this proved to be too large a burden for the IEC to deal with, and they indicated that they no longer wanted this responsibility to decide who qualifies for a special vote and who does not.
Secondly, after the 1999 elections, an estimated R3 million was spent on special voters, and only 2 206 votes were cast: 636 were from those in Government services, 1 570 were cast by those visiting foreign countries and 116 votes were rejected. These 1 570 represented approximately 0,0098% of the voters who voted in 1999, and approximately cost R1 900 per person.
Thirdly, we are concerned about the security of the ballot papers. In the first elections we had to deal with ballot boxes that had been tampered with, how much more so when there is relatively little security that would ensure that votes cast will reach South Africa’s shores untouched?
Fourthly, we believe that since we do not have missions in all the countries where we have South African citizens, we will be discriminating against those who find themselves in a foreign country without any mission. [Interjections.]
The Electoral Laws Amendment Bill also transforms the way in which political parties are allowed to be constituted. All parties must allow for freedom of association, and therefore in their constitution, symbols and general membership cannot be discriminated against on the basis or race, colour, ethnic group, etc., and neither can they allow any derogatory symbol or language to form part of their make-up.
The ANC believes that the amendments indeed offer a vast improvement on the principal Act, and therefore the ANC supports this Bill. Thank you. [Applause.]
The MINISTER OF HOME AFFAIRS: Madam Deputy Chair, I would like to thank all the members for the various contributions that have been made concerning my Bill. It is quite clear to me that there is a constant refrain concerning the issue of those who are abroad. I can only say, as the hon Mr Durr said, that as a member of Cabinet I am bound, actually, by the decisions of the Cabinet.
Originally I had made suggestions that this Bill might be challengeable in court, as some here have in fact threatened to challenge it in court. But, I abide by the decision of Cabinet. Also, as far as the delay is concerned, I did hint, at the beginning, that in trying to get the most appropriate system for our country, I had appointed this task team a long time ago. Even the confirmation of the task team took a very long time. There was a time when Dr Van Zyl Slabbert had to write to me, because he was embarrassed, and asked me whether he had been appointed or not. Then the President, in his state of the nation address in Parliament, mentioned that he had been appointed. But, in fact, the Cabinet had not confirmed this. So, ultimately, he was appointed.
I think that as soon as they were appointed, they went about their task with alacrity. Not only that, they also held an international conference here, where all the stakeholders were present and even international participants took part in that international conference.
And then, of course, there were two reports: the majority report and the minority report. But Cabinet, in its wisdom, decided to abide by the minority report. As far as personal preference is concerned, I even stated, when we debated this, that smaller parties such as the IFP would have preferred the status quo to remain because it favours them.
However, there is the question of accountability. As far as accountability is concerned, it was clear, as recommended by the majority report, that we needed to have a system that actually brought about accountability. But then, of course, the minority report was accepted as it stands and that had nothing to do with me.
And then, of course, another delay was caused by the fact that Cabinet, again in its wisdom, decided that the amendment should actually be handled by the Department for Justice and Constitutional Development because, they said, this warranted a constitutional amendment. Well, the Bill was taken out of Home Affairs and went to Justice and Constitutional Development, for quite a while. But, later it was decided again to bring it back to Home Affairs. And as soon as that was done, I acted very very briskly. There was no delay on my part.
Therefore I just wanted to clarify that so that members do not really get the impression that I am in any way, as a person, as Mangosuthu Buthelezi, responsible for this delay; Cabinet is. Yes, I am a member of Cabinet. So, we are responsible in that sense, having separated Mangosuthu Buthelezi from that.
I would also like to thank the chairperson of the select committee for her remarks specifically, and also, of course, for proposing that there may be a need, along the way, to amend this. Also, I realise that for technical reasons it was not possible to change the word “handicap”, because of the fears that it would delay the whole process. My department has noted all the concerns that have been expressed by hon members.
Therefore, with those remarks and without further ado, I would like to say thanks very much to each and every member of this august House for their observations, their concerns etc. Thank you. [Applause.]
Debate concluded.
Bill agreed to in accordance with section 75 of the Constitution (Democratic Alliance, African Christian Democratic Party and United Christian Democratic Party dissenting).
ALTERATION OF SEX DESCRIPTION AND SEX STATUS BILL
(Consideration of Bill and of Report thereon)
The MINISTER OF HOME AFFAIRS: Thank you, Madam Chairperson. I’m sure that hon members are more interested in this Bill than in the first one, because of the wonderful option that the Bill offers them. [Interjection.] [Laughter.]
Madam Chair, on 26 September 2003 I introduced this Bill, the Alteration of Sex Description and Sex Status Bill, in the National Assembly for debate. The Bill was passed, albeit with some amendments which were introduced to accommodate inputs received from affected stakeholders.
My department introduced this Bill in an attempt to realign legislation under its administration with the constitutional values contained in the Bill of Rights of our Constitution. I believe that this Bill will, once passed into law, enhance to a great extent the right to human dignity of those affected by it. The drafting of this Bill follows the recommendations of the SA Law Commission, which were submitted to the then Minister of Justice, Mr A M Omar, MP.
The main objective of this Bill is to make provision for any person who has undergone a sex-change operation, either by surgery or by medical treatment, to acquire the sex organs of the opposite sex to his or her biological sex. The Bill entitles such a person to apply to the Director- General of the Department of Home Affairs for the alteration of his or her sex description in the national population register.
An application for the alteration of the person’s sex description shall be accompanied by the birth certificate of the applicant, reports from the medical practitioners who performed any of the processes resulting in the sex change and a report by an independent medical practitioner who did not take part in any of the processes, but has performed an examination on the sex appearance of the person concerned.
The Bill further provides that the Director-General of Home Affairs furnish written reasons for any refusal to register such an applicant. The applicant can approach the magistrate’s court in the district in which he or she resides for an order authorising the change of his or her sex description. The application to the magistrate’s court shall be accompanied by all documents submitted to the Director-General of Home Affairs together with the reasons for refusal to alter the sex description. Upon registration of the altered sex description, the person concerned shall be legally deemed, for all purposes underlying that, to be the person of the new sex description.
The Bill also seeks to amend the Births and Deaths Registration Act, Act 51 of 1992, as amended, by the insertion of a new section, after section 24 thereof, to provide for the Director-General of Home Affairs to order that the sex description of a person be altered in the birth register and that an amended birth certificate be issued accordingly.
The Bill introduces the following provisions: Clause 1 provides for the procedures and requirements which an applicant who has undergone a sex- change operation, treatment and/or evolvement through natural development resulting in a sex change, must follow in order to enable the Director- General of Home Affairs to alter his or her sex description in the national population register. It further provides for the manner in which refusals by the director-general must be made and the processes to be followed by the applicant to appear before the magistrate either in person or assisted by a legal practitioner.
Clause 2 provides for the acknowledgement of the alteration of sex appearance, where the application to alter the sex description in terms of clause 1 has been granted either by the director-general or an order has been issued by a magistrate. This clause makes provision that the person concerned shall, from the date of the recording in the national population register, be legally deemed for all purposes to be the person of the sex description so recorded.
Clause 2(2) provides that the rights and obligations that have been acquired by or accrued to such a person before the alteration of his or her sex description are not adversely affected by the alteration. Clause 3 seeks to amend the Births and Deaths Registration Act, Act 51 of 1992, as amended, by the insertion of a new clause which allows the Director-General of Home Affairs to order the alteration of the sex description of a person in the national population register and issue an amended birth certificate accordingly.
Chairperson and hon members, as a result of the inputs that we received from the public during the processing of this Bill, it has now been decided to accommodate intersexed individuals, whose sex status is reflected in the population register as male, to apply for the changing thereof to female, and those registered as being female to male, provided that they meet certain criteria.
I urge that this House accept the Alteration of Sex Description and Sex Status Bill.
Perhaps the only regret is that the Minister of Home Affairs is not empowered by this Bill to change the sex description of anyone. [Laughter.] [Applause.]
Mr D M KGWARE: Chairperson, hon Minister, I’m standing in for my Chairperson, Comrade Loretta Jacobus. When this Bill was introduced in the NCOP, I thought that we could disperse with it in a matter of minutes, until I got a call from Estian. I then realised the complexity of the matter at hand.
May I say that the sentiments I expressed in my introduction in the previous Bill also hold with this one. The Constitution, by nature, tends to be all-inclusive. It removes and outlaws all forms of discrimination. I refer members to clause 9 in the Bill of Rights, and I quote: “The state may not unfairly discriminate, directly or indirectly, against anyone on one or more grounds, including race, gender, sex or sexual orientation.”
The Bill, as it was introduced in the National Assembly, excluded a category of persons defined as “intersexed”. It only made provision for people who wanted to change their gender surgically from male to female, and vice versa. It does not make provision for those who wanted to change certain sexual characteristics and not necessarily sex organs.
After listening to submissions from the affected parties, including opinions from psychologists and social workers, we were convinced as a committee that the arguments put forward to broaden the scope of the Bill were valid and in keeping with our Constitution. The representative from the Office of the State Law Adviser was in concurrence with the proposed amendments. After consultation with the portfolio committee, it was deemed necessary to effect the proposed amendments as they were all pressured to effect any amendment, owing to the time constraints.
The proposal from the select committee is that we include a definition section, with the following definitions: “amendment to the Alteration of Sex Description and Sex Status Bill.” Some changes of note in the new definitions are, I quote: “Gender characteristics” means the ways in which a person expresses his or her social identity as a member of a particular sex by using style of dressing, the wearing of processes or other means; “gender reassignment” means a process which is undertaken for the purpose of reassigning a person’s sex by changing physiological or other sexual characteristics, including any part of such a process; “intersexed”, with reference to a person, means a person whose congenital sexual differentiation is atypical to whatever degree.
Other amendments include, in subsection 2(c) are: “in every case, in which sexual characteristics have been altered resulting in gender reassignment, be accompanied by a report prepared by a medical practitioner other than the one contemplated in paragraph (b) who has medically examined an applicant in order to establish his or her sexual characteristics.”
A new section, section 2(d) reads: “In the case of a person who is intersexed, be accompanied by, one, a report prepared by a medical practitioner corroborating that the applicant is intersexed; and, two, a report prepared by a qualified psychologist or social workers corroborating that the applicant is living and has lived stably and satisfactorily for an unbroken period of at least two years in the gender role corresponding to the sex description under which he or she seeks to be registered.
In conclusion, this amendment, in my opinion, will go a long way towards addressing some disparities, inequalities and discrimination against certain sections of this wonderful rainbow nation of ours. It further emphasises and amplifies one of the most fundamental rights in our Constitution, the right to choose. With these few words, I submit to this House the committee report for the adoption of the Bill with the proposed amendments. I thank you. [Applause.]
Mr J HORNE: Agb mev die Voorsitter, agb Minister en lede van die Huis, op die oog af lyk hierdie wetgewing soos iets wat ‘n mens maar kan goedkeur en daarom word daar ook nie juis ‘n groot bohaai daaroor gemaak nie.
Dit is egter nie hoe Jan Publiek daarbuite voel nie of dit sien nie - juis omdat ons mense in die land ‘n morale insinking ondergaan as gevolg van lae moreel. Vir ‘n klein groepie mense in die land sal hierdie wetgewing “bread from heaven” wees. Maar is God werklik in hierdie wetsontwerp? God is lief vir persone wat van die wet gebruik maak, maar is Hy lief vir die dade en aksies wat hierdie wetgewing teweegbring? Waar ‘n persoon nog getwyfel het of hy of sy ‘n geslagsverandering sal ondergaan, moedig hierdie wetgewing vir iemand aan om dit wel te doen. Dit bring ook mee dat daar administratiewe veranderings in die geboorteregister asook in die bevolkingsregister moet plaasvind.
Daar sal gewaak moet word dat ons nie die Grondwet en die Handves van Menseregte as verskansings moet voorhou om wetsontwerpe goed te keur nie - juis as dit die moraal van die mens aantas, want in hierdie geval op die langer duur betaal ons die prys daarvoor in ons gemeenskapslewe. Dit is die reg van elke mens om keuses te maak, maar in hierdie geval kan daar met reg gevra word of dit nodig is - ook as die duur mediese koste wat so ‘n geslagsverandering inhou ingedagte gehou word. Maar helaas, die demokrasie en so ook die Grondwet spreek in hierdie geval die hardste. Ek dank u. [Applous.] (Translation of Afrikaans speech follows.)
[Mr J HORNE: Hon Madam Chairperson, hon Minister and members of the House, on the face of it, this legislation looks like something one can just approve, and that is why there is not really a great to-do about it.
It is, however, not how the man in the street feels or sees it - particularly because our people in the country are undergoing a moral decline as a result of low morale. To a small group of people in the country this legislation will be “bread from heaven”. But is God really in this Bill? God loves people who use the law, but does He love the deeds and actions this legislation brings about? Where a person still had doubts whether he or she would undergo a sex change, this legislation encourages someone to go ahead and do so. It also entails administrative changes in the births register, as well as in the population register.
Care would have to be taken that we do not have to use the Constitution and the Bill of Human Rights as entrenchments in order to adopt Bills - particularly when it affects the morale of the person, because in this case we will pay a heavy price for it in our community life in the long run. It is everyone’s right to make choices, but in this case one may very well ask whether it is necessary - also if the high medical costs of a sex change are taken into consideration. But unfortunately, democracy and the Constitution speak loudest in this case. I thank you. [Applause.]]
Ms M P THEMBA: Madam Chairperson, hon Minister, hon members, there has been no doubt in anyone’s mind that the process that our committee embarked upon, to come to terms with all the issues contained in the Alteration of Sex Description and Sex Status Bill, has been a unique learning experience.
We have collectively reached high levels of understanding and empathy for persons who find themselves in the unfortunate position of needing to apply to alter their sex status and sex description. We now know that to alter one’s status is a huge undertaking for any individual who has been confronted with such a situation. We have come to realise that even everyday occurrences become huge obstacles in the path of trying to go about one’s daily business.
With our new understanding, it appears as if the main stumbling block currently in existence is the lack of legal recognition afforded to the individuals who have decided to realign their sex status.
South Africa has birth certificates and identity documents are the most commonly used and recognised legal documentation which identifies the individual through various interrelated categories. For example, the ID number allocates the date of birth and the gender of the individual through a series of numbers. The first six digits usually represent the date of birth, while the second group of digits indicates the gender of the person. So with females, the second group of numbers will begin with zero, while in the case of males the number will begin with five. Most of us are aware of this demarcation and go about without ever pushing this demarcation of sex.
However, the issue becomes complex, as is the case with either transsexual people or intersex people, in that demarcation of sex status in fact becomes an obstacle interfering with the individual’s right to lead the life he or she chooses to lead. So, if we as legislators choose to ignore the change in the individual’s gender identity, we are in fact opening up that individual’s life to further abuse, discrimination or harrassment.
Transsexual and intersexed individuals have to disclose intensely personal information every time they seek employment, go to the doctor, apply for a driver’s licence or take out insurance policies, etc. We, as the ANC, cannot allow this kind of discrimination to continue unabated. The category of intersexed individuals, I think, was overlooked by the National Assembly’s Portfolio Committee on Home Affairs. We know that the Bill, in its current format, will not do justice to this category of individuals. So we felt that it was important to consult further on this matter in order to ensure that this Bill includes their concerns as well.
With this group of people, nature has given these individuals either both sets of genitals and/or the chromosomal make-up of both sexes. But, even within this category, the genitalia of both can appear in its totality or there can be elements of both sex organs where one could be more developed than the other. Or in extreme cases, neither sexual organs are developed enough to categorise as either male or female. In all of these cases, how does the powers that be classify these individuals?
We were told that in post-1975 South Africa doctors made a decision by removing those organs which were extra and then classified the person accordingly, which often led to more serious consequences later in life as the baby developed. Sometimes these types of corrective surgeries were performed without the consent of the parent or by informing the parent that it was in the best interest of the child to do so. This kind of behaviour by medical practitioners left the person with this type of chromosomal make- up with no freedom of choice to evolve and develop in the way they chose. Clearly, such behaviour cannot be condoned.
What the amendment to this Bill seeks to do is to, firstly, recognise that such a category of individuals exists and, secondly, to protect these individuals through the Bill so that they can choose to have surgery or not.
Through the current amendment, the intersexed person will be accommodated by the Department of Home Affairs should he or she apply for an alteration in his or her sex description when he or she provides medical reports and reports from a psychiatrist also corroborating that he or she is indeed an intersexed person.
To the best of our knowledge, all categories of persons, be it transgender or intersexed persons, are now adequately covered by the additional amendment agreed to by the NCOP’s Select Committee on Social Services. As the ANC, we are proud that we were able to learn a great deal and make our democracy work in such a meaningful way in the lives of these individuals. We wish them well in their future endeavours.
The ANC strongly supports this Bill, with amendments. [Applause.]
Mrs J N VILAKAZI: Madam Chairperson, hon Minister of Home Affairs and hon members, this Bill aligns the law with the Constitution. As a country with a highly developed Bill of Rights, it is necessary that our legal system be in accordance with such principles.
Situations do arise where people, through no fault of their own, are born with characteristics of both genders in their bodies. Such people often have major psychological problems fitting into society. For such people, human solutions have to be found in order for them to be registered as whatever gender they are physically more inclined to be.
The Bill, however, should not be seen as an avenue for those who just wish to change their gender on a whim. Such scenarios could be exploited by criminals and by those of doubtful morals. I did mention that when we were discussing this and they simply just laughed at me. As a Christian, naturally, I have concerns about such a Bill. However, where psychological health issues are at stake we cannot but acknowledge the need for action in these limited circumstances.
Kunesisho sakwaZulu esithi, “Sazalwa nabanye, siyofa nabanye.” Bathe ake ngithi qaphu ngesiZulu, bayathanda uma ngikhuluma ngaso khona bezoke bezwe lo mhlola. [Uhleko.] Enye indaba le esikhuluma ngayo yokushintsha ubulili uMdali asinike bona. Pho-ke siyakuthini? Umthetho wezwe nomThethosisekelo kufuneka sihambe ngaphansi kwawo.
Egameni leqembu lami, i-IFP, sithi siyavumelana nomthetho wezwe osezithebeni. Ngiyabonga. [Ihlombe.] (Translation of isiZulu paragraphs follows.)
[There is an isiZulu saying that says: We were born among a certain type and we will die among other types. They said I must speak briefly in isiZulu. They like it when I use it and so that they can hear this absurdity. [Laughter.] This subject that we are discussing about changing our God-given sex identity, is such a controversial one. But, what else can we do? We have to observe the law of the country and the Constitution.
On behalf of my party, the IFP, we support the Bill being discussed. Thank you. [Applause.]]
Ms E C GOUWS: Hon Chairperson, Minister, colleagues, the SA Law Commission submitted a report during 1996 on the investigation into the legal consequences of sexual realignment and related matters. The Bill, [B37- 2003], provides for procedure to be followed in the event of a person who applies for the alteration of his or her gender status.
We listened to submissions and only then did I realise the difficulties and trauma suffered by those people. There is a vast difference between sex change and a person who is intersexed. One of the persons who made a submission before the select committee said that this Bill is not intended for intersexed people, but only for persons who have undergone surgery. The Bill is silent on the intersexed. Those people who went on a course of hormones are really and truly new persons.
People who have undergone gender realignment operations can now take their full place in society. After an application has been granted, an amended birth certificate shall be issued. They will now get identity documents which reflect their new gender, and that will enable them to vote or access social benefits just like any other South African citizen.
We should look further into the problems of the intersexed people. They also have the right to be accepted as normal people with amended birth certificates. The DA supports the Bill. [Applause.]
Ms N P KHUNOU: Madam Chairperson, hon Minister, hon members, the ANC in the NCOP has listened very carefully to some of the pertinent information on this unfamiliar topic, and we must admit that at times, the information came across as almost bizarre.
For the majority of us in the committee, it was the first time that we had been confronted with this subject matter. We are, however, very clear, especially after hearing all the input on the subject, that we need to support this Bill together with its amendments.
From my limited exposure on this topic, it appears that the need to change one’s sex description and sex status is a stark reality that faces many people in our society today. Because the subject is so personal to the individuals involved and general ignorance regarding the matter is so high, not many people are familiar with the reality of the tremendous burden which faces far too many South Africans across the racial divide.
Imagine, for a moment, what it must feel like for an individual who displays all the outward appearances of a male, that is muscular built, beard etc, and in fact chooses to live life as a male, but has an ID that proclaims her as a female.
If I may carry this analogy a little further, this individual tries to go about the business of opening banking accounts or any other business transactions, and receives a suspicious glance at the apparent disparity displayed on the ID presented to the official when he tries to complete the transaction; and, at worst, is hauled off and placed before the policing authority of that company to explain why he is fraudulently using the ID of another individual.
The immense public humiliation implied in the analogy is just the tip of the iceberg. Over and above the public humiliation is a severe personal trauma that the individual has to endure for a very long time before finding peace with himself or herself and then finally choosing to live the life of the opposite gender; not the least of which is the physical and psychological anguish that the individual has to undergo. For many who have finally made the decision, there is a punishing regime of a number of surgeries: hormone therapy and other treatments to endure before the process is completed, which place a huge financial burden on the individual.
With this piece of legislation, South Africa is sending an unambiguous message to the outside world that we recognise and understand the pressure that these individuals face. And we need to reduce, as far as is humanly and legislatively possible, all obstacles in their way. Indeed, with this Bill we have advanced even further than the supposed international guidelines for the treatment of transsexual and transgender people namely, the Harry Benjamin International Gender Dysphoria Associations’ Standards of Care for Gender Identity Disorders.
These guidelines are regarded as controversial among transsexual people because of their conservative nature, especially since they make reference to a general concept of transgender persons as persons with gender identity disorders. Yet despite this conservatism, this association recognises that, and I quote:
A clinical threshold is passed when concerns, uncertainties, and questions about gender identity persist during a person’s development, become so intense as to seem to be the most important aspect of a person’s life, or prevent the establishment of a relatively unconflicted gender identity. The person’s struggles are then variously, informally referred to as a gender identity problem, gender dysphoria, a gender problem, a gender concern, a gender distress, gender conflict, or transsexualism. Such struggles are known to occur from the preschool years to old age and have many alternate forms. These reflect various degrees of personal dissatisfaction with sexual identity, sex and gender demarcating body characteristics, gender roles, identity and the perceptions of others.
Our Bill recognises that it is not necessarily a mental disorder, but a personal transition process. As a consequence of this process, a person may then decide to have his or her gender reassigned through surgical, medical treatment or by evolvement through natural development. The element of choice is assigned to the individual and not imposed by the state. We heard and have read harrowing accounts where freedom of choice was removed, where babies had major intrusive surgery imposed upon them when there was some doubts as to the sex of the baby, with some dire consequences. A repeat of such occurrences is what we are trying to avoid at all costs with the passage of this Bill.
This Bill gives an individual the right to choose a particular gender role that he or she wants to fulfil. It obliges the Department of Home Affairs which, having recognised that such a process was embarked upon, has to alter the sex status reflected in that person’s ID. This does not necessarily open the floodgates to all and sundry who, upon waking up one morning, suddenly decide to change their identity.
The Bill outlines a list of requirements that an individual must adhere to when applying for such a drastic change in gender identity. Usually, a person has lived a life of the gender they prefer for quite some time and is completely comfortable in that role before they decide to make the change. Again, according to the Harry Benjamin document, the earliest estimates of prevalence of transsexualism in adults were 1 in 37 000 males and 1 in 107 000 females. The most recent prevalence information from the Netherlands regarding transsexual and gender identity disorder spectrum is 1 in 11 900 males and 1 in 30 400 females.
At the moment we have no records as to what the prevalence rates are in South Africa. Nonetheless, the public hearings and personal appeals by representative groups have been sufficiently convincing that we, as the ANC, could be guided in the direction that we have taken. As a result, we felt compelled to make substantial amendments to what the National Assembly had already decided upon. The ANC whole-heartedly supports the Bill. I thank you. [Applause.]
The MINISTER OF HOME AFFAIRS: Chairperson, I would like to thank the chairperson of the select committee and all members who have participated in debating this Bill. We are singing a song in unison. All that we are doing here is to realign this piece of legislation, which falls under my line function, with the core values that are encapsulated in our Bill of Rights.
I would also like to thank the NCOP for the amendments which they, in their wisdom, have proposed. I also wish to thank hon members for having supported the Bill. [Applause.]
Debate concluded
Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.
The Council adjourned at 16:02. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
THURSDAY, 25 SEPTEMBER 2003
ANNOUNCEMENTS:
National Council of Provinces:
- Messages from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council:
(1) Bill passed by National Assembly on 25 September 2003 and
transmitted for concurrence:
(i) General Intelligence Laws Amendment Bill [B 47B - 2003]
(National Assembly - sec 75).
The Bill has been referred to the Select Committee on Security and
Constitutional Affairs of the National Council of Provinces.
- Referrals to committees of papers tabled:
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:
(a) Report and Financial Statements of the Corporation for
Public Deposits for 2002-2003, including the Report of the
Independent Auditors for 2002-2003.
(b) Report and Financial Statements of the South African
Reserve Bank for 2002-2003, including the Report of the
Independent Auditors for 2002-2003.
(c) Annual Economic Report of the South African Reserve Bank
for 2003.
(d) Address of the Governor of the South African Reserve Bank
- 26 August 2003.
(e) Loan Agreement on the Municipal Financial Management
Technical Assistance Project between Republic of South Africa
and International Bank for Reconstruction and Development,
tabled in terms of section 231(3) of the Constitution, 1996.
(f) Government Notice No 1073 published in Government Gazette
No 25247 dated 8 August 2003: Amendment of the Rules of the
Government Employees Pension Fund, in terms of the Government
Employees Pension Law, 1996 (Act No 21 of 1996).
(g) Government Notice No 2261 published in Government Gazette
No 25367 dated 29 August 2003: Rate on the interest on
government loans, in terms of the Public Finance Management
Act, 1999 (Act No 1 of 1999).
(2) The following paper is referred to the Select Committee on
Public Services:
Report and Financial Statements of the Independent Development
Trust for 2002-2003, including the Report of the Auditor-General
on the Financial Statements for 2002-2003.
(3) The following paper is referred to the Select Committee on Land
and Environmental Affairs:
Annual Financial Statements of the Ncera Farms (Proprietary)
Limited for 2002-2003, including the Report of the Independent
Auditors for 2002-2003.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Home Affairs:
Report and Financial Statements of the Film and Publication Board for
2002-2003, including the Report of the Auditor-General on the Financial
Statements for 2002-2003.
- The Minister of Finance:
(a) Accession to the Protocol of Amendment to the International
Convention on the Simplification and Harmonization of Customs
Procedures, tabled in terms of section 231(2) of the Constitution,
1996.
(b) Explanatory Memorandum on the Accession to the Protocol of
Amendment to the International Convention on the Simplification
and Harmonization of Customs Procedures.
- The Minister of Trade and Industry:
(a) Report and Financial Statements of the National Lotteries Board
for 2002-2003, including the Report of the Auditor-General on the
Financial Statements for 2002-2003.
(b) Report and Financial Statements of the National Manufacturing
Advisory Centres Trust (NAMAC) for 2002-2003, including the Report
of the Independent Auditors on the Financial Statements for 2002-
2003.
(c) Report and Financial Statements of the Micro Finance Regulatory
Council (MFRC) for 2002.
(d) Report and Financial Statements of the National Gambling Board
for 2002-2003, including the Report of the Auditor-General on the
Financial Statements for 2002-2003 [RP 106-2003].
(e) Report and Financial Statements of the Competition Commission of
South Africa for 2002-2003, including the Report of the Auditor-
General on the Financial Statements for 2002-2003 [RP 101-2003].
(f) Annual Review of the Competition Commmission of South Africa for
2003.
- The Minister for Justice and Constitutional Development:
Report and Financial Statements of the Legal Aid Board for 2002-2003,
including the Report of the Auditor-General on the Financial Statements
for 2002-2003.
- The Minister of Environmental Affairs and Tourism:
Report and Financial Statements of South African Tourism for 2002-2003,
including the Report of the Auditor-General on the Financial Statements
for 2002-2003.
- The Minister of Minerals and Energy:
Report and Financial Statements of the Mine Health and Safety
Inspectorate for 2002-2003.
- The Minister for Safety and Security:
Report and Financial Statements of Vote 22 - Independent Complaints
Directorate (ICD) for 2002-2003, including the Report of the Auditor-
General on the Financial Statements for 2002-2003 [RP 125-2003].
FRIDAY, 26 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 Assembly on 26 September 2003:
(i) Financial and Fiscal Commission Amendment Bill [B 21D -
2003] (National Assembly - sec 76).
- Draft Bills submitted in terms of Joint Rule 159:
(1) Telecommunications Amendment Bill, 2003, submitted by the
Minister of Communications on 23 September 2003. Referred to the
Portfolio Committee on Communications and the Select Committee on
Labour and Public Enterprises.
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 26 September 2003 and
transmitted for concurrence:
(i) Alteration of Sex Description and Sex Status Bill [B 37B -
2003] (National Assembly - sec 75).
(ii) Electoral Laws Amendment Bill [B 54D - 2003] (National
Assembly - sec 75).
The Bills have 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 Arts, Culture, Science and Technology:
Report and Financial Statements of the Department of Arts and Culture
for 2002-2003, including the Report of the Auditor-General of the
Financial Statements of Vote 34 - Department of Arts and Culture for
2002-2003 [RP 157-2003].
- The Minister of Public Enterprises:
Report and Financial Statements of the Department of Public Enterprises
for 2002-2003, including the Report of the Auditor-General of the
Financial Statements of Vote 9 - Department of Public Enterprises for
2002-2003 [RP 65-2003].
- The Minister of Social Development:
Report and Financial Statements of the Department of Social Development
for 2002-2003, including the Report of the Auditor-General of the
Financial Statements of Vote 18 - Department of Social Development for
2002-2003 [RP 174-2003].
- The Minister of Communications:
(a) Report and Financial Statements of the Independent
Communications Authority of South Africa for 2002-2003, including
the Report of the Auditor-General on the Financial Statements for
2002-2003 [RP 146-2003].
(b) Report and Financial Statements of the National Electronic Media
Institute of South Africa for 2002-2003, including the Report of
the Independent Auditors on the Financial Statements for 2002-
2003.
- The Minister for Agriculture and Land Affairs:
(a) Report and Financial Statements of the Department of Land
Affairs for 2002-2003, including the Report of the Auditor-General
of the Financial Statements of Vote 29 - Department of Land
Affairs for 2002-2003 [RP 174-2003].
(b) Report and Financial Statements of the Agricultural Research
Council for 2002-2003, including the Report of the Auditor-General
on the Financial Statements for 2002-2003 [RP 37-2003].
MONDAY, 29 SEPTEMBER 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Classification of Bills by Joint Tagging Mechanism:
(1) The Joint Tagging Mechanism (JTM) on 26 September 2003 in terms
of Joint Rule 160(2), classified the following Bill as a section
74 Bill:
(i) Constitution of the Republic of South Africa Amendment
Bill [B 60 - 2003] (National Assembly - sec 74).
(2) The Joint Tagging Mechanism (JTM) on 26 September 2003 in terms
of Joint Rule 161, classified the following Bill as a money Bill:
(i) Pensions Second (Supplementary) Bill [B 59 - 2003]
(National Assembly - sec 77).
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 papers are referred to the Select Committee on
Social Services:
(a) Report and Financial Statements of the National Film and
Video Foundation for 2002-2003, including the Report of the
Auditor-General on the Financial Statements for 2002-2003 [RP
122-2003].
(b) Report and Financial Statements of the Medical Research
Council of South Africa (MRC) for 2002-2003, including the
Report of the Auditor-General on the Financial Statements for
2002-2003 [RP 91-2002].
(c) Report and Financial Statements of the Council for Medical
Schemes for 2002-2003, including the Report of the Auditor-
General on the Financial Statements for 2002-2003 [RP 105-
2003].
(2) The following papers are referred to the Select Committee on
Land and Environmental Affairs:
(a) Report and Financial Statements of the Bala Farms (Pty)
Ltd for 2002-2003, including the Report of the Auditor-General
on the Financial Statements for 2002-2003 [RP 76-2002].
(b) Report and Financial Statements of Onderstepoort
Biological Products Limited for 2002-2003, including the
Report of the Independent Auditors on the Financial Statements
for 2002-2003.
(c) Report and Financial Statements of the National
Agricultural Marketing Council for 2002-2003, including the
Report of the Auditor-General on the Financial Statements for
2002-2003 [RP 6-2003].
(d) Report and Financial Statements of South African Tourism
for 2002-2003, including the Report of the Auditor-General on
the Financial Statements for 2002-2003.
(3) The following papers are referred to the Select Committee on
Economic and Foreign Affairs:
(a) Report and Financial Statements of Vote 31 - Department of
Trade and Industry for 2002-2003, including the Report of the
Auditor-General on the Financial Statements for 2002-2003 [RP
50-2003].
(b) Report and Financial Statements of the Technology and
Human Resources for Industry Programme (THRIP) for 2002-2003,
including the Report of the Auditor-General on the Financial
Statements for 2002-2003.
(c) Report and Financial Statements of the National Lotteries
Board for 2002-2003, including the Report of the Auditor-
General on the Financial Statements for 2002-2003.
(d) Report and Financial Statements of the National
Manufacturing Advisory Centres Trust (NAMAC) for 2002-2003,
including the Report of the Independent Auditors on the
Financial Statements for 2002-2003.
(e) Report and Financial Statements of the National Gambling
Board for 2002-2003, including the Report of the Auditor-
General on the Financial Statements for 2002-2003 [RP 106-
2003].
(f) Report and Financial Statements of the Competition
Commission of South Africa for 2002-2003, including the Report
of the Auditor-General on the Financial Statements for 2002-
2003 [RP 101-2003].
(g) Report and Financial Statements of the Micro Finance
Regulatory Council (MFRC) for 2002.
(h) Annual Review of the Competition Commission of South
Africa for 2003.
(i) Report and Financial Statements of the Mine Health and
Safety Inspectorate for 2002-2003.
(4) The following papers are referred to the Select Committee on
Security and Constitutional Affairs:
(a) Report and Financial Statements of Vote 24 - Department of
Safety and Security for 2002-2003, including the Report of the
Auditor-General on the Financial Statements for 2002-2003 [RP
186-2003].
(b) Report and Financial Statements of Vote 22 - Independent
Complaints Directorate (ICD) for 2002-2003, including the
Report of the Auditor-General on the Financial Statements for
2002-2003 [RP 125-2003].
(c) Report and Financial Statements of Vote 20 - Department of
Correctional Services for 2002-2003, including the Report of
the Auditor-General on the Financial Statements for 2002-2003
[RP 170-2003].
(d) Report and Financial Statements of the Legal Aid Board for
2002-2003, including the Report of the Auditor-General on the
Financial Statements for 2002-2003.
(5) The following papers are referred to the Select Committee on
Education and Recreation:
(a) Report and Financial Statements of the Education Labour
Relations Council for 2002-2003, including the Report of the
Independent Auditors on the Financial Statements for 2002-2003
[RP 185-2003].
(b) Report and Financial Statements of the National Student
Financial Aid Scheme for 2002-2003, including the Report of
the Auditor-General on the Financial Statements for 2002-2003
[RP 162-2003].
(6) The following papers are referred to the Select Committee on
Finance for consideration and report:
(a) Accession to the Protocol of Amendment to the
International Convention on the Simplification and
Harmonization of Customs Procedures, tabled in terms of
section 231(2) of the Constitution, 1996.
(b) Explanatory Memorandum on the Accession to the Protocol of
Amendment to the International Convention on the
Simplification and Harmonization of Customs Procedures.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
Report and Financial Statements of the Municipal Demarcation Board for
2002-2003, including the Report of the Auditor-General on the Financial
Statements for 2002-2003 [RP 166-2003].
- The Minister of Home Affairs:
The Employment Equity Report of the Department of Home Affairs for
2002, tabled in terms of section 22 of the Employment Equity Act, 1998
(Act No 55 of 1998). 3. The Minister of Transport:
(a) Report and Financial Statements of Vote 32 - Department of
Transport for 2002-2003, including the Report of the Auditor-
General on the Financial Statements for 2002-2003 [RP 167-2003].
(b) Report and Financial Statements of the Airports Company South
Africa Limited for 2002-2003, including the Report of the
Independent Auditors on the Financial Statements for 2002-2003.
- The Minister of Public Enterprises:
Report and Financial Statements of arivia.kom for 2002-2003, including
the Report of the Independent Auditors for 2002-2003.
- The Minister of Public Works:
(a) Report and Financial Statements of Vote 6 - Department of Public
Works for 2002-2003, including the Report of the Auditor-General
on the Financial Statements for 2002-2003 [RP 189-2003].
(b) Report and Financial Statements of the Construction Industry
Development Board for 2002-2003, including the Report of the
Auditor-General on the Financial Statements for 2002-2003.
National Council of Provinces:
Papers:
- The Chairperson:
Ninth Report of the Working Group on the African Union:
Following its Eighth Report, which was published on 22 September 2003,
the Working Group would like to report as follows:
1. Draft Rules for the Pan African Parliament (PAP)
During 2002, the Working Group commissioned research on draft rules
for the PAP with a view to submitting recommendations to the
African Union Commission through the PAP Steering Committee. The
research report was submitted to the Working Group in February
2003. During August 2003, the Speaker, in her capacity as the
Chairperson of the Steering Committee, also received a set of
draft rules of procedure for submission to the Steering Committee
from the Deputy Clerk of the Kenyan National Assembly.
On 9 September 2003, the Working Group established a Task Team on
the Rules of the PAP to consider priority areas on which rules of
procedure for the Inaugural Session of the PAP needed to be
formulated; to identify rules of procedure for the general
functioning of the PAP and to conduct a comparative analysis of
the draft rules emanating from the commissioned research, those
drafted by the Deputy Clerk of the Kenyan National Assembly and
rules of procedure of other regional Parliamentary bodies.
The Working Group identified the following issues for immediate
consideration by the Task Team: (i) Oath of office or solemn
declaration; (ii) Election of office Bearers; (iii) Rules for
decision-making; (iv) Rules of Debate; (v) Regional caucuses; and
(vi) Committees.
The Task Team met on 18 September 2003 and its views are
incorporated in this report which, inter alia, contains broad
principles around the Rules of Procedure.
(1) Oath of office or solemn declaration
Article 13 of the PAP Protocol provides that at its first
sitting, after election and before proceeding with any other
matter, the Pan African Parliamentarians shall take an oath or
make a solemn declaration which shall be set out as an
addendum to this Protocol.
Various options in respect of who would administer the oath
could be considered amongst which would be the Chairperson of
the Assembly of the AU or the Chairperson of the AU
Commission. The Working Group recommends that the Chairperson
of the Assembly administers the initial taking of the oath or
making of a solemn declaration, as the inauguration would be a
continental ceremony. However, a Rule must provide for the
administering of the oath or declaration thereafter with
regard to new members as it would be a continuous process. The
swearing-in process does not require a Rule. The manner for
conducting the swearing-in would be a logistical matter.
Members could be called up in groups of five or ten, with an
acknowledgement of the countries from which they come.
(2) Election of Office Bearers
Article 12(2) of the Protocol provides that the Pan African
Parliament shall elect, at its first sitting following its
election, by secret ballot, from among its members and in
accordance with its Rules of Procedure, a President and four
(4) Vice Presidents representing the Regions of Africa as
determined by the OAU. The election shall, in each case, be by
simple majority of the members present and voting.
The Working Group expressed the view that the AU Commission
could facilitate the administration of the election of Office
Bearers.
(a) Procedures of Nominating
The Working Group recommends that the Steering Committee
should, once sufficient ratifications are deposited with
the AU, request regions to start the process of
nominating candidates for both the Presidency and Vice
Presidency of the PAP.
The AU Commission would be the suitable central body to
monitor nominations by regions. There was general
consensus on the need for time limits regarding
submission of nominations, as ballot papers would have to
be prepared timeously. However, time limits should be
flexible to allow for the smooth running of democratic
processes within regions. It would be important to record
on the nomination form whether the candidate accepted
his/her nomination. Consideration should be given to
whether there should be a fixed number of persons
supporting the nomination of a candidate.
The Working Group felt that the Steering Committee should
not be prescriptive in regard to regions concerning
procedures for nominations, but it may wish to provide
guidelines as regards the process and timeframes.
The Rules should also provide for a situation where a
region was unable to forward a nomination. The Working
Group, however, felt that in the absence of a regional
nomination, other regions should be free to make
nominations from the defaulting region.
Parliament would need guidance from the Department of
Foreign Affairs as to what the position was as regards a
host country wishing to nominate a candidate or being
nominated by another country.
(b) Method of Voting
Rules would need to be formulated on the following:
(i) Ballot for election of President and Vice Presidents;
(ii) Results of Voting; (iii) Reporting of Results;
(iv)Procedure if there is no successful candidate; and
(v) Taking of Chair by President.
Consideration should be given to a situation that could
arise should there be a query regarding the election
results. The Working Group felt that there might not be a
need for a specific Rule covering this aspect.
(3) Rules for decision making
According to Article 12 (11) of the Protocol, the quorum for a
meeting of the Pan African Parliament shall be constituted by
a simple majority. Article 12 (12) states that each Pan
African Parliamentarian shall have one vote. Decisions shall
be made by consensus or, failing which, by a two-thirds
majority of all the Members present and voting. However,
procedural matters, including the question of whether a matter
is one of procedure or not, shall be decided by a simple
majority of those present and voting, unless otherwise
stipulated in the Rules of Procedure. In the event of an equal
number of votes, the person presiding shall have a casting
vote.
Voting Procedure
Apart from the election of Office Bearers of the Parliament
for which an election procedure was prescribed in the
Protocol, a situation might arise which would require certain
decisions to be taken during the first session e.g. adoption
of rules of procedure.
In this regard, Rules would need to be formulated on areas such
as (i) Declaration of Vote; (ii) the Manner of Voting on
Specific Questions; and (iii) What happens should there not be
consensus.
(4) Rules Of Debate
Rules should also be formulated on the following:(i) Address of
Chair by Members; (ii) Calling of Members; (iii) Time Limits
for Speeches; (iv) Reference to Member by name; (v) Offensive
Language; (vi)Explanations; (vii) Points of Order/Interruption
of Debates and Speeches; (viii) Rights of Members to
Speak/Freedom of speech; (ix) Closure of Debate; (x) Scope of
Debate; (xi) Conduct of Members during Debate; (xii) Role of
President in Debate; and (xiii) Disciplinary measures.
(5) Regional caucuses
Article 18 of the Protocol states that the Pan-African
Parliament shall work in close co-operation with the
Parliaments of the Regional Economic Communities and the
National Parliaments or other deliberative organs of Member
States. To this effect, the Pan African Parliament may, in
accordance with its Rules of Procedure, convene annual
consultative meetings fora with the Parliaments of the
Regional Economic Communities and the National Parliaments or
other deliberative organs to discuss matters of common
interest.
Regions would play a vital role in the Pan African Parliament.
The Working Group was of the view that it was not necessary to
formulate a Rule detailing the functioning of regional
caucuses within the PAP. However, there ought to be an
arrangement for regional caucuses to meet and discuss issues,
inter alia, with a view to formulating regional positions on
specific matters.
(6) Committees
Article 12(13) of the Protocol provides that the Pan African
Parliament may establish such committees as it deems fit for
the proper discharge of its functions and in accordance with
its Rules of Procedure.
The Working Group felt that particular in-house committees
would need to be established during the first session of the
PAP to facilitate the smooth running of the institution. These
committees could deal with issues such as (i) Rules of the
PAP; (ii) the budget; and (iii) programming of business. The
Working Group has requested the Task Team to consider further
the specific functions of the proposed committees.
Rules would therefore be necessary to provide for the (i)
types of PAP committees ("In-house" and "Portfolio"); (ii)
Composition; (iii) Terms of Reference; (iv) Terms of Office;
(v) Quorums; (vi) Decision-making; (vii) Meetings; (viii)
Reporting (ix) Powers and Functions; and (x) Publication or
Disclosure of Proceedings, Evidence, Reports, etc .
A political management structure should be in place after the
election of the Bureau to ensure that the necessary support
was given to the new institution. It would be vital for the
Commission to give consideration to this question.
(7) Appointment of staff
The process of appointment of the Clerk and Deputy Clerk of
the PAP would need to be discussed at the Inaugural Session.
It was noted that as per the Protocol, the staff of the AU
Commission would support the Bureau until such time as the PAP
staff were appointed.
(8) Languages
Article 25 of the Constitutive Act of the African Union
states that the working languages of the Union and all its
institutions shall be, if possible, African languages, Arabic,
English, French and Portuguese.
Consideration should be given to the use at the PAP of Sign
Language and Braille.
2. Fourth Seminar on the African Union
In its Eighth Report, the Working Group recommended that a seminar
be held before the end of the 2003 Parliamentary session. To this
end, the Working Group has agreed on the following key objectives
for the Seminar:
(i) To enhance the understanding of the Pan African Parliament
amongst Members of the South African Parliament;
(ii) To foster institutional engagement on the African Union
with particular reference to the Pan African Parliament; and
(iii) To empower Members to have ongoing dialogue with the
people of South Africa and embark on public awareness
activities with respect to the Pan African Parliament.
The Working Group recommends that the Seminar be scheduled for 20
October 2003. Further, consideration should be given to inviting
certain individuals to participate in the Seminar as resource
people.
Report to be considered.
TUESDAY, 30 SEPTEMBER 2003
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
(a) Report and Financial Statements of the Office of the Auditor-
General for 2002-2003, including the Report of the Independent
Auditors on the Financial Statements for 2002-2003 [RP 63-2003].
(b) Report of the Public Service Commission on Financial Misconduct
[RP 108-2003]. 2. The Minister of Finance:
(a) Report and Financial Statements of the Financial Intelligence
Centre for 2002-2003, including the Report of the Auditor-General
on the Financial Statements for 2002-2003 [RP 187-2003].
(b) Report and Financial Statements of Vote 13 - Statistics South
Africa for 2002-2003, including the Report of the Auditor-General
on the Financial Statements for 2002-2003 [RP 190-2003].
- The Minister for Provincial and Local Government:
(a) Report and Financial Statements of Vote 5 - Department of
Provincial and Local Government for 2002-2003, including the
Report of the Auditor-General on the Financial Statements for 2002-
2003 [RP 181-2003].
(b) Report and Financial Statements of the Municipal Infrastructure
Investment Unit for 2002-2003, including the Report of the Auditor-
General on the Financial Statements for 2002-2003.
- The Minister of Arts, Culture, Science and Technology:
Report and Financial Statements of the South African Library for the
Blind for 2002-2003, including the Report of the Auditor-General on the
Financial Statements for 2002-2003.
- The Minister for the Public Service and Administration:
Report and Financial Statements of Vote 10 - Department of Public
Service and Administration for 2002-2003, including the Report of the
Auditor-General on the Financial Statements for 2002-2003.
-
The Minister for Agriculture and Land Affairs: Report and Financial Statements of Vote 25 - Department of Agriculture for 2002-2003, including the Report of the Auditor-General on the Financial Statements for 2002-2003 [RP 180-2003].
-
The Minister of Minerals and Energy:
Report and Financial Statements of the Mine Health and Safety Council
for 2002-2003, including the Report of the Auditor-General on the
Financial Statements for 2002-2003.
- The Minister for Safety and Security:
Report and Financial Statements of the Secret Services Account of the
South African Police Service (SAPS) for 2002-2003, including the Report
of the Auditor-General on the Financial Statements for 2002-2003 [RP
129-2003].
MONDAY, 6 OCTOBER 2003
ANNOUNCEMENTS: National Assembly and National Council of Provinces:
- Classification of Bills by Joint Tagging Mechanism:
(1) The Joint Tagging Mechanism (JTM) on 6 October 2003 in terms of
Joint Rule 160(3), classified the following Bill as a section 75
Bill:
(i) Films and Publications Amendment Bill [B 61 - 2003]
(National Assembly - sec 75).
(2) The Joint Tagging Mechanism (JTM) on 6 October 2003 in terms of
Joint Rule 160(4), classified the following Bills as section 76
Bills:
(i) National Environmental Management: Air Quality Bill [B 62
- 2003] (National Council of Provinces- sec 76).
(ii) Dental Technicians Amendment Bill [B 63 - 2003] (National
Assembly - sec 76).
- Translations of Bills submitted:
(1) The Minister of Home Affairs:
(i) Wysigingswetsontwerp op Suid-Afrikaanse Burgerskap [W 55 -
2003] (National Assembly - sec 75).
This is the official translation into Afrikaans of the South
African Citizenship Amendment Bill [B 55 - 2003] (National
Assembly - sec 75).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Finance:
(a) Government Notice No 1250 published in Government Gazette No
25413 dated 29 August 2003: Statement of the national revenue,
expenditure and borrowing as at 31 July 2003 in terms of the
Public Finance Management Act, 1999 (Act No 1 of 1999).
(b) Government Notice No 1261 published in Government Gazette No
25426 dated 12 September 2003: Publication of rate: Overberg
District Municipality, in terms of the Regional Services Councils
Act, 1985 (Act No 109 of 1985).
- The Minister for Provincial and Local Government:
Report of the National House of Traditional Leaders for 2002-2003.
- The Minister of Trade and Industry:
(a) Report and Financial Statements of Ntsika Enterprise Promotion
Agency for 2002-2003, including the Report of the Auditor-General
on the Financial Statements for 2002-2003 [RP 140-2003].
(b) Report and Financial Statements of the South African Quality
Institute for 2002-2003, including the Report of the Independent
Auditors on the Financial Statements for 2002-2003.
(c) Report and Financial Statements of the Competition Tribunal for
2002-2003, including the Report of the Auditor-General on the
Financial Statements for 2002-2003 [RP 118-2003].
- The Minister for Agriculture and Land Affairs:
Report and Financial Statements of the Ingonyama Trust Board for 2002-
2003, including the Report of the Auditor-General on the Financial
Statements for 2002-2003 [RP 161-2003].
- The Minister of Minerals and Energy:
(a) Report and Financial Statements of SFF Association for 2002-
2003, including the Report of the Auditor-General on the Financial
Statements for 2002-2003 [RP 155-2003].
(b) Report and Group Financial Statements of CEF (Proprietary)
Limited for 2002-2003, including the Report of the Auditor-General
on the Goup Financial Statements for 2002-2003 [RP 163-2003].
WEDNESDAY, 8 OCTOBER 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Assent by President in respect of Bills:
(a) National Road Traffic Amendment Bill [B 31B - 2003] - Act No 20
of 2003 (assented to and signed by President on 1 October 2003);
(b) Special Pensions Amendment Bill [B 35B - 2002] - Act No 21 of
2003 (assented to and signed by President on 1 October 2003);
(c) Public Protector Amendment Bill [B 6D - 2003] - Act No 22 of
2003 (assented to and signed by President on 1 October 2003); and
(d) Promotion of National Unity and Reconciliation Amendment Bill [B
34B - 2003] - Act No 23 of 2003 (assented to and signed by
President on 1 October 2003).
- Introduction of Bills:
(1) The Minister of Transport:
(i) Road Accident Fund Amendment Bill [B 64 - 2003] (National
Assembly - sec 75) [Explanatory summary of Bill and prior
notice of its introduction published in Government Gazette No
25540 of 3 October 2003.]
Introduction and referral to the Portfolio Committee on Transport
of the National Assembly, as well as referral to the Joint Tagging
Mechanism (JTM) for classification in terms of Joint Rule 160, on
8 October 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.
COMMITTEE REPORTS:
National Council of Provinces:
-
Report of the Select Committee on Land and Environmental Affairs on the Restitution of Land Rights Amendment Bill [B 42B - 2003] (National Assembly - sec 75), dated 30 September 2003:
The Select Committee on Land and Environmental Affairs, having considered the subject of the Restitution of Land Rights Amendment Bill [B 42B - 2003] (National Assembly - sec 75), referred to it, reports the Bill with proposed amendments, as follows:
CLAUSE 5
-
On page 3, from line 16, to omit subsection (1) and to substitute:
(1) The Minister may purchase, acquire in any other manner or, consistent with the provisions of section 3 of the Promotion of Administrative Justice Act, 2000 (Act No. 3 of 2000), expropriate land, a portion of land or a right in land - (a) in respect of which a claim in terms of this Act has been lodged, for the purpose of - (i) restoring or awarding such land, portion of land or right in land to a claimant who is entitled to restitution of a right in land in terms of section 2; or (ii) providing alternative relief as contemplated in section 6(2)(b); and (b) in respect of which no such claim has been lodged but the acquisition of which is directly related to or affected by such claim, and which will promote the achievement of the purpose contemplated in paragraph (a).
LONG TITLE
-
On page 2, in the fourth line, after “other” to insert “related”.
-
-
Report of the Select Committee on Land and Environmental Affairs on the Spatial Data Infrastructure Bill [B 44B - 2003] (National Assembly - sec 75), dated 30 September 2003:
The Select Committee on Land and Environmental Affairs, having considered the subject of the Spatial Data Infrastructure Bill [B 44B - 2003] (National Assembly - sec 75), referred to it, reports the Bill with proposed amendments, as follows:
CLAUSE 1
- On page 3, in line 9, after “person” to insert “engaged”.
CLAUSE 3
- On page 3, in line 51, omit “facilitating” and to substitute “to facilitate”.
CLAUSE 4
-
On page 4, in line 16, to omit “and”.
-
On page 4, in line 18, after “SASDI” to insert “; and”.
-
On page 4, after line 18, to insert:
(e) with the concurrence of the Minister of Finance, determine and pay remuneration and allowances to members of the Committee or subcommittee who are not in the full-time employ of the State. CLAUSE 5
-
On page 4, in line 51, to omit subsection (3) and to substitute:
(3) The Minister must, after calling for nominations from the public in the prescribed manner, and - (a) in respect of paragraphs (b) and (c) of subsection (2), after consultation with the Minister responsible for those departments; (b) in respect of paragraph (d) of subsection (2), after consultations with the Premiers of the respective Provinces; and (c) in respect of paragraph (e) of subsection (2), after consultation with the Chairperson of the South African Local Government Association, appoint the members of the Committee and an alternate member for each such member.
CLAUSE 6
-
On page 5, in line 8, after “Committee” to insert “, within available resources,”.
CLAUSE 10
-
On page 6, from line 47, to omit paragraph (f) and to substitute:
(f) co-opt experts or persons with special skills who are not members of the Committee as non-voting members of a subcommittee; and
-
Report of the Select Committee on Land and Environmental Affairs on the Sectional Titles Amendment Bill [B 43 - 2003] (National Assembly - sec 75), dated 30 September 2003:
The Select Committee on Land and Environmental Affairs, having considered the subject of the Sectional Titles Amendment Bill [B 43 - 2003] (National Assembly - sec 75), referred to it, reports that it has agreed to the Bill.
-
Report of the Select Committee on Land and Environmental Affairs on the Agricultural Produce Agents Amendment Bill [B 53B - 2003] (National Assembly - sec 75), dated 30 September 2003:
The Select Committee on Land and Environmental Affairs, having considered the subject of the Agricultural Produce Agents Amendment Bill [B 53B - 2003] (National Assembly - sec 75), referred to it, reports that it has agreed to the Bill.
-
Report of the Select Committee on Social Services on the National Health Bill [B 32B - 2003] (National Assembly - sec 76), dated 30 September 2003:
The Select Committee on Social Services, having considered the subject of the National Health Bill [B 32B - 2003] (National Assembly - sec 76), referred to it, reports the Bill with amendments [B 32C - 2003].
-
Report of the Select Committee on Economic and Foreign Affairs on the Petroleum Pipelines Bill [B 22B - 2003] (National Assembly - sec 75), dated 7 October 2003:
The Select Committee on Economic and Foreign Affairs, having considered the subject of the Petroleum Pipelines Bill [B 22B - 2003] (National Assembly - sec 75), referred to it, reports that it has agreed to the Bill.
-
Report of the Select Committee on Security and Constitutional Affairs on the Criminal Procedure Amendment Bill [B 57B - 2002] (National Assembly - sec 75), dated 7 October 2003:
The Select Committee on Security and Constitutional Affairs, having considered the subject of the Criminal Procedure Amendment Bill [B 57B - 2002] (National Assembly - sec 75), referred to it, reports the Bill with a proposed amendment, as follows:
CLAUSE 8
-
On page 11, in line 52, to omit “1 November 2003 or any earlier date as the President may determine” and to substitute “a date fixed by the President”.
The Select Committee further reports as follows: The amendment being proposed in respect of Clause 8 relates to a matter of some concern to the Select Committee. The Bill was introduced in the National Assembly during the 2002 session of Parliament. The National Assembly amended the commencement clause so as to provide for commencement by not later than 1 November 2003. This has surely created an expectation among those involved in the administration of justice that the provisions of the Bill, which are aimed at addressing a cause of serious and unnecessary delays in the criminal justice system, will commence by not later than 1 November 2003. However, this places the National Council of Provinces under considerable pressure to deal with this legislation, that has been with the National Assembly for approximately one year, within the space of three to four weeks. Also, in the respectful opinion of the Select Committee, it places undue pressure on the President to assent to and sign the Bill before the 1st of November 2003. It should be borne in mind that, under section 79(1) of the Constitution, the President must either assent to and sign the Bill or, if he has reservations about the constitutionality thereof, refer it back to the National Assembly for reconsideration. The Select Committee is therefore respectfully of the opinion that, in the present circumstances, Clause 8 should be amended as proposed by the Select Committee, and that care should in future be taken to avoid situations where the Council and the President are perceived to be unduly pressurised to concur with, or assent to, new legislation.
-
Report to be considered.
-
Report of the Select Committee on Labour and Public Enterprises on the Unemployment Insurance Amendment Bill [B 35 - 2003] (National Assembly - sec 75), dated 8 October 2003:
The Select Committee on Labour and Public Enterprises, having considered the subject of the Unemployment Insurance Amendment Bill [B 35 - 2003] (National Assembly - sec 75), referred to it, reports that it has agreed to the Bill.
THURSDAY, 9 OCTOBER 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Reprint of Bill:
(1) After the Portfolio Committee on Trade and Industry had
considered the subject of the National Gambling Bill [B 48 - 2003]
(National Assembly - sec 76), referred to it on 20 August 2003, it
reported the Bill with amendments ("[B 48A - 2003]") (see
Announcements, Tablings and Committee Reports, 25 September 2003).
The amended Bill ("[B 48B - 2003]"), printed to incorporate the
amendments contained in [B 48A - 2003], had to be reprinted owing
to administrative errors. The amended Bill that will appear as an
Order of the Day on the Order Paper of the National Assembly for
Second Reading debate will therefore be entitled "National
Gambling Bill [B 48B - 2003 (Reprint)]".
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Finance: (a) Report of the Registrar of Short-Term Insurance for 2001.
(b) Report of the Registrar of Long-Term Insurance for 2001.
(c) Accession to the Convention on Temporary Admission: Istanbul
Convention, tabled in terms of section 231(2) of the Constitution,
1996.
(d) Explanatory Memorandum to the Accession to the Convention on
Temporary Admission: Istanbul Convention.
- The Minister of Arts, Culture, Science and Technology:
(a) Report and Financial Statements of the War Museum of the Boer
Republic for 2002-2003, including the Report of the Auditor-
General on the Financial Statements for 2002-2003.
(b) Southern African Development Community (SADC) Protocol on
Culture, Information and Sport, tabled in terms of section 231(2)
of the Constitution, 1996.
(c) Explanatory Memorandum to the Southern African Development
Community (SADC) Protocol on Culture, Information and Sport.
COMMITTEE REPORTS:
National Council of Provinces:
-
Report of the Select Committee on Economic and Foreign Affairs on the Petroleum Products Amendment Bill [B 25B - 2003] (National Assembly - sec 75), dated 7 October 2003:
The Select Committee on Economic and Foreign Affairs, having considered the subject of the Petroleum Products Amendment Bill [B 25B - 2003] (National Assembly - sec 75), referred to it, reports the Bill with proposed amendments, as follows: CLAUSE 3
-
On page 5, from line 5, to omit subsection (6) and to substitute:
(6) It shall be a condition of a manufacturing licence or a wholesale licence, as the case may be, that the licensee must purchase or sell, or purchase and sell, petroleum products - (a) manufactured from coal, natural gas or vegetable matter; (b) that meet prescribed specifications and standards where applicable; and (c) when such petroleum products are available in the Republic, before purchasing or selling, or purchasing and selling, petroleum products manufactured from other raw materials. -
On page 6, from line 26, to omit paragraph (f) and to substitute:
(f) may specify petroleum products which - (i) are manufactured from coal, natural gas or vegetable matter when available in the Republic; (ii) meet prescribed specifications and standards, where applicable, must be supplied to a licensed retailer before the supply of prescribed petroleum products manufactured from other raw materials may be supplied.
MONDAY, 13 OCTOBER 2003
-
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Introduction of Bills:
(1) The Minister of Communications:
(i) Telecommunications Amendment Bill [B 65 - 2003] (National
Assembly - sec 75) [Explanatory summary of Bill and prior
notice of its introduction published in Government Gazette No
25508 of 26 September 2003.]
Introduction and referral to the Portfolio Committee on
Communications of the National Assembly, as well as referral to
the Joint Tagging Mechanism (JTM) for classification in terms of
Joint Rule 160, on 14 October 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 of Home Affairs:
(i) Wetsontwerp op Verandering van Geslagsbeskrywing en
Geslagstatus [W 37 - 2003] (National Assembly - sec 75).
This is the official translation into Afrikaans of the Alteration
of Sex Description and Sex Status Bill [B 37 - 2003] (National
Assembly - sec 75).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Foreign Affairs:
Report and Financial Statements of Vote 3 - Department of Foreign
Affairs for 2002-2003, including the Report of the Auditor-General on
the Financial Statements for 2002-2003 [RP 193-2003].
- The Minister of Trade and Industry:
Report and Financial Statements of the Support Program for Industrial
Innovation for 2002-2003, including the Report of the Independent
Auditors on the Financial Statements for 2002-2003.
COMMITTEE REPORTS:
National Council of Provinces:
-
Report of the Select Committee on Local Government and Administration on the Local Government: Municipal Systems Amendment Bill [B 49B - 2003] (National Assembly - sec 75), dated 9 October 2003:
The Select Committee on Local Government and Administration, having considered the subject of the Local Government: Municipal Systems Amendment Bill [B 49B - 2003] (National Assembly - sec 75), referred to it, reports the Bill with proposed amendments, as follows:
CLAUSE 1
- On page 3, in line 42, to omit “86I” and to substitute “86H”.
CLAUSE 8
-
On page 6, from line 39, to omit subsection (4B) and to substitute:
(4B) Bonuses based on performance may be awarded to a municipal manager or a manager directly accountable to the municipal manager after the end of the financial year and only after an evaluation of performance and approval of such evaluation by the municipal council concerned. CLAUSE 26 -
On page 17, from line 34, to omit the proposed new section 93D and to substitute:
93D.(1) The council of a parent municipality must designate a councillor or an official of the parent municipality, or both, as the representative or representatives of the parent municipality to attend shareholder meetings and to exercise the parent municipality's rights and responsibilities as a shareholder, together with such other councillors or officials that the council may designate as representatives. (2)(a) The official lines of communications between a municipal entity and the parent municipality exist between the chairperson of the board of directors of the municipal entity and the mayor or executive mayor, as the case may be, of the parent municipality. (b) The mayor or executive mayor, as the case may be, of a parent municipality may at any time call or convene any meeting of shareholders or other general meeting comprising the board of directors of the municipal entity concerned and the representatives of the parent municipality, in order for the board of directors to give account for actions taken by it. (3) A municipal representative referred to in subsection (1) - (a) must represent the parent municipality faithfully at shareholder meetings, without consideration of personal interest or gain, and must keep the council informed of - (i) how voting rights were exercised; and (ii) all relevant actions taken on behalf of the municipality by the representative; (b) must act in accordance with the instructions of the council; and (c) may be reimbursed for expenses in connection with his or her duties as a municipal representative, but may not receive any additional compensation or salary for such duties. -
On page 19, in line 15, to omit “93L” and to substitute “93K”.
-
On page 19, from line 16, to omit the proposed new section 93I.
-
On page 19, in line 23, to omit “93J.” and to substitute “93I.”.
-
On page 19, in line 30, to omit “93K.” and to substitute “93J.”.
-
On page 19, in line 43, to omit “93L.” and to substitute “93K.”.
CLAUSE 30
-
On page 21, in line 59, to omit “93I. Meetings of boards of directors”.
-
On page 21, in line 60, to omit “93J.” and to substitute “93I.”.
-
On page 21, in line 62, to omit “93K.” and to substitute “93J.”.
-
On page 22, in line 1, to omit “93L.” and to substitute “93K.”.
-
Report of the Select Committee on Security and Constitutional Affairs on the Armaments Corporation of South Africa, Limited Bill [B 18B - 2003] (National Assembly - sec 75), dated 9 October 2003:
The Select Committee on Security and Constitutional Affairs, having considered the subject of the Armaments Corporation of South Africa, Limited Bill [B 18B - 2003] (National Assembly - sec 75), referred to it, reports the Bill with proposed amendments, as follows:
CLAUSE 14
-
On page 7, from line 26, to omit “, or his or her spouse, partner or family member,”.
-
On page 7, in line 34, to omit “, or his or her spouse, partner or family member,”.
CLAUSE 18
-
On page 8, in line 39, to omit paragraph (d).
-
On page 8, after line 48, to add:
(3) The Minister must cause a copy of regulations to be made under subsection (1)(g) to be tabled in Parliament within a reasonable time before publication thereof.
-
-
Report of the Select Committee on Security and Constitutional Affairs on the General Intelligence Laws Amendment Bill [B 47B - 2003] (National Assembly - sec 75), dated 9 October 2003:
The Select Committee on Security and Constitutional Affairs, having considered the subject of the General Intelligence Laws Amendment Bill [B 47B - 2003] (National Assembly - sec 75), referred to it, reports the Bill with a proposed amendment, as follows:
NEW CLAUSE
-
That the following be a new Clause:
Amendment of section 14 of Act 68 of 2002
19. Section 14 of the Electronic Communications Security (Pty) Ltd Act, 2002, is hereby amended by the addition of the following subsection: "(5) Notwithstanding any other law, the directors and employees of Comsec may be members of any medical scheme established in terms of the Intelligence Services Act, 2002 (Act No. 65 of 2002).".
-
-
Report of the Select Committee on Social Services on the Alteration of Sex Description and Sex Status Bill [B 37B - 2003] (National Assembly - sec 75), dated 2 October 2003:
The Select Committee on Social Services, having considered the subject of the Alteration of Sex Description and Sex Status Bill [B 37B - 2003] (National Assembly - sec 75), referred to it, reports the Bill with proposed amendments, as follows:
NEW CLAUSE
-
That the following be a new Clause:
“Definitions
1. In this Act, unless the context indicates otherwise - "gender characteristics" means the ways in which a person expresses his or her social identity as a member of a particular sex by using style of dressing, the wearing of prostheses or other means; "gender reassignment" means a process which is undertaken for the purpose of reassigning a person's sex by changing physiological or other sexual characteristics, and includes any part of such a process; "intersexed", with reference to a person, means a person whose congenital sexual differentiation is atypical, to whatever degree; "medical practitioner" means a person providing health services in terms of any law, including in terms of the- (a) Allied Health Professions Act, 1982 (Act No. 63 of 1982); (b) Health Professions Act, 1974 (Act No. 56 of 1974); (c) Nursing Act, 1978 (Act No. 50 of 1978); (d) Pharmacy Act, 1974 (Act No. 53 of 1974); (e) Dental Technicians Act, 1979 (Act No. 19 of 1979); and (f) Mental Health Care Act, 2002 (Act No. 17 of 2002); "primary sexual characteristics" means the form of the genitalia at birth; "secondary sexual characteristics" means those which develop throughout life and which are dependant upon the hormonal base of the individual person; "sexual characteristics" means primary or secondary sexual characteristics or gender characteristics.".CLAUSE 1
-
On page 2, in line 2, to omit “sex organs” and to substitute “sexual characteristics”.
-
On page 2, in line 3, to omit “a sex change” and to substitute:
gender reassignment, or any person who is intersexed
-
On page 2, in line 8, to omit “sex organs” and to substitute “sexual characteristics”.
-
On page 2, in line 9 after “treatment,” to insert “resulting in gender reassignment”.
-
On page 2, from line 14, to omit paragraph (c) and to substitute:
(c) in every case in which sexual characteristics have been altered resulting in gender reassignment, be accompanied by a report, prepared by a medical practitioner other than the one contemplated in paragraph (b) who has medically examined the applicant in order to establish his or her sexual characteristics; (d) in the case of a person who is intersexed, be accompanied by- (i) a report prepared by a medical practitioner corroborating that the applicant is intersexed; and (ii) a report prepared by a qualified psychologist or social worker corroborating that the applicant is living and has lived stably and satisfactorily, for an unbroken period of at least two years, in the gender role corresponding to the sex description under which he or she seeks to be registered.
-
On page 2, after line 19, to insert:
(4) If an application contemplated in subsection (1) is refused, the applicant may appeal to the Minister of Home Affairs against the decision taken by the Director- General. (5) An application contemplated in subsection (4) must be lodged with the Minister within 14 days after the decision of the Director-General was made known and must be accompanied by the documents referred to in subsection (2) and the reasons for the Director- General’s refusal.
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On page 2, in line 20, to omit “application contemplated in subsection (1)” and to substitute “appeal in terms of subsection (4)”.
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On page 2, in line 23 to omit “(4)” and to substitute “(6)”.
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On page 2, in line 24, to omit “Director-General’s” and to substitute “Minister’s”.
TUESDAY, 14 OCTOBER 2003
-
TABLINGS:
National Assembly and National Council of Provinces: Papers:
- The Minister of Education:
(a) Report and Financial Statements of Vote 15 - Department of
Education for 2002-2003, including the Report of the Auditor-
General on the Financial Statements for 2002-2003 [RP 112-2003].
(b) Government Notice No 1407 published in Government Gazette No
25545 dated 6 October 2003: National policy regarding further
education and training programmes: Approval of the National
Curriculum Statement Grades 10-12 (Grades) as national policy, in
terms of the National Education Policy Act, 1996 (Act No 27 of
1996) and the South African Schools Act, 1996 (Act No 84 of 1996).
(c) Government Notice No 1348 published in Government Gazette No
25501 dated 26 September 2003: Regulations: Level descriptors for
levels 1 to 4 of the National Qualifications Framework, in terms
of the South African Qualifications Authority Act, 1995 (Act No 58
of 1995).
(d) South African Export Statistics for Conventional Arms for 2000-
2002.
Copies of the statistics are available from the office of the Clerk of
Papers.
COMMITTEE REPORTS:
National Council of Provinces:
-
Report of the Select Committee on Economic and Foreign Affairs on the Liquor Bill [B 23B - 2003] (National Assembly - sec 76), dated 8 October 2003:
The Select Committee on Economic and Foreign Affairs, having considered the subject of the Liquor Bill [B 23B - 2003] (National Assembly - sec 76), referred to it, reports the Bill with amendments [B 23C - 2003].
THURSDAY, 16 OCTOBER 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Draft Bills submitted in terms of Joint Rule 159:
(1) Communal Land Rights Bill, 2003, submitted by the Minister for
Agriculture and Land Affairs on 15 October 2003. Referred to the
Portfolio Committee on Agriculture and Land Affairs and the Select
Committee on Land and Environmental Affairs.
- Translations of Bills submitted:
(1) The Minister of Home Affairs:
(i) Wysigingswetsontwerp op Kieswette [W 54 - 2003] (National
Assembly - sec 75).
This is the official translation into Afrikaans of the Electoral
Laws Amendment Bill [B 54 - 2003] (National Assembly - sec 75).
(2) The Minister for Agriculture and Land Affairs:
(i) Wetsontwerp op Ruimtelike Data-infrastruktuur [W 44 -
2003] (National Assembly - sec 75).
This is the official translation into Afrikaans of the Spatial
Data Infrastructure Bill [B 44 - 2003] (National Assembly - sec
75).
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 papers are referred to the Select Committee on
Local Government and Administration:
(a) Report and Financial Statements of the Municipal
Demarcation Board for 2002-2003, including the Report of the
Auditor-General on the Financial Statements for 2002-2003 [RP
166-2003].
(b) Report and Financial Statements of Vote 5 - Department of
Provincial and Local Government for 2002-2003, including the
Report of the Auditor-General on the Financial Statements for
2002-2003 [RP 181-2003].
(c) Report and Financial Statements of the Municipal
Infrastructure Investment Unit for 2002-2003, including the
Report of the Auditor-General on the Financial Statements for
2002-2003.
(d) Report and Financial Statements of Vote 10 - Department of
Public Service and Administration for 2002-2003, including the
Report of the Auditor-General on the Financial Statements for
2002-2003.
(e) Report of the Public Service Commission on Financial
Misconduct [RP 108-2003].
(2) The following paper is referred to the Select Committee on
Social Services and to the Select Committee on Labour and Public
Enterprises:
The Employment Equity Report of the Department of Home Affairs for
2002, tabled in terms of section 22 of the Employment Equity Act,
1988 (Act No 55 of 1998).
(3) The following papers are referred to the Select Committee on
Public Services:
(a) Report and Financial Statements of Vote 32 - Department of
Transport for 2002-2003, including the Report of the Auditor-
General on the Financial Statements for 2002-2003 [RP 167-
2003].
(b) Report and Financial Statements of the Airports Company
South Africa Limited for 2002-2003, including the Report of
the Independent Auditors on the Financial Statements for 2002-
2003.
(4) The following papers are referred to the Select Committee on
Economic and Foreign Affairs:
(a) Report and Financial Statements of arivia.kom for 2002-
2003, including the Report of the Independent Auditors for
2002-2003.
(b) Report and Financial Statements of Vote 6 - Department of
Public Works for 2002-2003, including the Report of the
Auditor-General on the Financial Statements for 2002-2003 [RP
189-2003].
(c) Report and Financial Statements of the Construction
Industry Development Board for 2002-2003, including the Report
of the Auditor-General on the Financial Statements for 2002-
2003.
(d) Report and Financial Statements of the Support Program for
Industrial Innovation for 2002-2003, including the Report of
the Independent Auditors on the Financial Statements for 2002-
2003.
(e) Report and Financial Statements of Vote 3 - Department of
Foreign Affairs for 2002-2003, including the Report of the
Auditor-General on the Financial Statements for 2002-2003 [RP
193-2003].
(5) The following papers are referred to the Select Committee on
Finance:
(a) Report and Financial Statements of the Financial
Intelligence Centre for 2002-2003, including the Report of the
Auditor-General on the Financial Statements for 2002-2003 [RP
187-2003].
(b) Report and Financial Statements of Vote 13 - Statistics
South Africa for 2002-2003, including the Report of the
Auditor-General on the Financial Statements for 2002-2003 [RP
190-2003].
(c) Report of the Registrar of Short-Term Insurance for 2001.
(d) Report of the Registrar of Long-Term Insurance for 2001.
(6) The following papers are referred to the Select Committee on
Finance for consideration and report:
(a) Accession to the Convention on Temporary Admission:
Istanbul Convention, tabled in terms of section 231(2) of the
Constitution, 1996.
(b) Explanatory Memorandum to the Accession to the Convention
on Temporary Admission: Istanbul Convention.
(7) The following papers are referred to the Select Committee on
Education and Recreation for consideration and report:
(a) Southern African Development Community (SADC) Protocol on
Culture, Information and Sport, tabled in terms of section
231(2) of the Constitution, 1996.
(b) Explanatory Memorandum to the Southern African Development
Community (SADC) Protocol on Culture, Information and Sport.
(8) The following paper is referred to the Select Committee on
Education and Recreation:
Report and Financial Statements of the South African Library for
the Blind for 2002-2003, including the Report of the Auditor-
General on the Financial Statements for 2002-2003.
(9) The following paper is referred to the Select Committee on Land
and Environmental Affairs:
Report and Financial Statements of Vote 25 - Department of
Agriculture for 2002-2003, including the Report of the Auditor-
General on the Financial Statements for 2002-2003 [RP 180-2003].
(10) The following paper is referred to the Select Committee on
Labour and Public Enterprises:
Report and Financial Statements of the Mine Health and Safety
Council for 2002-2003, including the Report of the Auditor-General
on the Financial Statements for 2002-2003.
(11) The following paper is referred to the Select Committee on
Security and Constitutional Affairs:
Report and Financial Statements of the Secret Services Account of
the South African Police Service (SAPS) for 2002-2003, including
the Report of the Auditor-General on the Financial Statements for
2002-2003 [RP 129-2003].
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
The President of the Republic submitted the following letter dated 10
October 2003 to the Presiding Officers informing Parliament of the
employment of the South African National Defence Force:
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE IN LIBERIA IN
FULFILMENT OF THE INTERNATIONAL OBLIGATIONS OF THE REPUBLIC OF SOUTH
AFRICA TOWARDS THE UNITED NATIONS
This serves to inform Parliament that on the 8th day of October Two
Thousand and Three, I authorised the employment of the South African
National Defence Force (SANDF) personnel in Liberia as part of the
United Nations Mission in Liberia (UNMIL) in compliance with UN
Security Council Resolution 1509 of September 2003.
This employment was authorised in accordance with the provisions of
Section 82(4)(b)(ii) of the Constitution of the Republic of South
Africa, 1993 (Act No 200 of 1993), [which Section continues to be in
force in terms of Item 24(1) of Schedule 6 to the Constitution of the
Republic of South Africa, 1996 (Act No 108 of 1996)], read with Section
201(2)(c) of the said Constitution of 1996, for service as part of the
United Nations Mission in Liberia, in fulfilment of the international
obligations of the Republic of South Africa towards the United Nations,
and in terms of Section 227(1)(b) and (c) of the Constitution of 1993,
(which section is also still in force by virtue of the aforementioned
Item 24) and Section 18(1) read together with Section 20 of the Defence
Act, 2002 (Act No 42 of 2002).
A total of three (3) personnel will be employed for a period of twelve
(12) months from 1 October 2003 to September 2004.
The expected costs for the deployment of personnel to the mission for
the period is R241 623 00. The South African contribution will be
reimbursed at standard United Nations rates.
Regards
SIGNED
T M MBEKI
- The Minister of Finance:
Government Notice No R65 published in Government Gazette No 25464 dated
15 September 2003: Appointment of members of the Tax Courts, in terms
of the Income Tax Act, 1962 (Act No 58 of 1962).
- The Minister of Environmental Affairs and Tourism:
(a) Montreal and Beijing Amendments to the Montreal Protocol on
Substances that Deplete the Ozone Layer, tabled in terms of
section 231(2) of the Constitution, 1996.
(b) Explanatory Memorandum to the Montreal and Beijing Amendments to
the Montreal Protocol on Substances that Deplete the Ozone Layer.
TUESDAY, 21 OCTOBER 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Assent by President in respect of Bills:
(1) Financial and Fiscal Commission Amendment Bill [B 21D - 2003] -
Act No 25 of 2003 (assented to and signed by President on 12
October 2003).
- Bills passed by Houses - to be submitted to President for assent:
(1) Bills passed by National Council of Provinces on 21 October
2003:
(i) Electoral Laws Amendment Bill [B 54D - 2003] (National
Assembly - sec 75).
(ii) Petroleum Pipelines Bill [B 22B - 2003] (National Assembly
- sec 75). 3. Classification of Bills by Joint Tagging Mechanism:
(1) The Joint Tagging Mechanism (JTM) on 16 October 2003 in terms of
Joint Rule 160(3), classified the following Bills as section 75
Bills:
(i) Road Accident Fund Amendment Bill [B 64 - 2003] (National
Assembly - sec 75).
(ii) Telecommunications Amendment Bill [B 65 - 2003] (National
Assembly - sec 75).
- Translations of Bills submitted:
(1) The Minister of Minerals and Energy:
(i) Uthethosivivinywa wamaPayiphi ePhethroliyamu [B 22 - 2003]
(National Assembly - sec 75)
This is the official translation into isiZulu of the Petroleum
Pipelines Bill [B 22 - 2003] (National Assembly - sec 75).
(2) The Minister of Labour:
(i) Mulayotibe wa Khwiniso Zwibviswa zwa Ndindakhombo ya u
Shaya Mushumo [B 35 - 2003] (National Assembly - sec 75)
This is the official translation into Tshivenda of the
Unemployment Insurance Amendment Bill [B 35 - 2003] (National
Assembly - sec 75).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Home Affairs:
The Employment Equity Report of the Independent Electoral Commission
for 2002, tabled in terms of section 22 of the Employment Equity Act,
1998 (Act No 55 of 1998).
- The Minister of Finance:
Government Notice No R1368 published in Government Gazette No 25511
dated 29 September 2003: Regulations issued in terms of section 30 of
the Exchange Control Amnesty and Amendment of Taxation Laws Act, 2003
(Act No 12 of 2003).
COMMITTEE REPORTS:
National Council of Provinces:
-
Report of the Select Committee on Social Services on the Electoral Laws Amendment Bill [B 54D - 2003] (National Assembly - sec 75), dated 21 October 2003:
The Select Committee on Social Services, having considered the subject of the Electoral Laws Amendment Bill [B 54D - 2003] (National Assembly - sec 75), referred to it, reports that it has agreed to the Bill.
-
Report of the Select Committee on Education and Recreation on the Membership to the Statutes of the International Centre for Genetic Engineering and Biotechnology, dated 21 October 2003:
The Select Committee on Education and Recreation, having considered the request for approval by Parliament of the Membership to the Statutes of the International Centre for Genetic Engineering and Biotechnology, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Membership.
Report to be considered.
-
Report of the Select Committee on Education and Recreation on the SADC Protocol on Culture, Information and Sport, dated 21 October 2003:
The Select Committee on Education and Recreation, having considered the request for approval by Parliament of the Southern African Development Community (SADC) Protocol on Culture, Information and Sport, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Protocol.
Report to be considered.
-
Report of the Select Committee on Labour and Public Enterprises on the Postal Services Amendment Bill [B 40 - 2003] (National Assembly - sec 75), dated 21 October 2003:
The Select Committee on Labour and Public Enterprises, having considered the subject of the Postal Services Amendment Bill [B 40
- 2003] (National Assembly - sec 75), recommitted to it, reports that it has agreed to the Bill.
The Committee reports further that the Democratic Alliance was not in favour of the Bill.