National Assembly - 06 May 2004
THURSDAY, 06 MAY 2004 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 14:03.
The Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
NEW MEMBER
(Announcement)
The SPEAKER: Order! May I request that anybody who has a cellphone make sure that it is switched off? Could we please just honour the decorum of the House by always either leaving our cellular phones outside the House or switching them off as we come in?
Order! I have been advised that because of the late finalisation of seating arrangements, not all members will have the correct name on the screens at their desks. This should not stop the proceedings, and will only be of relevance if we have to vote. The situation will be corrected in time for the next sitting. Whips should please assist members who have problems to be seated.
I wish to announce that Mr N D Habedi was nominated on 26 April 2004 to fill the vacancy caused by the resignation of Mr M A Mangena. The member made and subscribed the oath in the Speaker’s office.
APPOINTMENT OF OFFICE BEARERS
(Announcement)
The Speaker announced that Mr N P Nhleko had been appointed as Chief Whip and Mr A C Nel as Deputy Chief Whip of the Majority Party, and Mr D H M Gibson as Chief Whip of the Opposition.
The Speaker further announced that she had designated Mr E M Dipico as Parliamentary Counsellor to the President and Mr J H Jeffery as Parliamentary Counsellor to the Deputy President, with effect from 29 April 2004.
MOTION OF CONDOLENCE
(The late Mr Abdullah (Dullah) Omar)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move the draft resolution printed in my name on the Order Paper, as follows:
That the House -
(1) notes with profound sadness the untimely death of the hon Abdullah (Dullah) Omar, who passed away on Saturday, 13 March 2004;
(2) recognises that Dullah Omar was a South African patriot who lived his entire adult life working toward the fulfilment of the goal of a South Africa free from poverty, racism and sexism;
(3) recalls that he played an active and leading role in the struggle for the defeat of apartheid, as a defence lawyer for political prisoners and activists, and also as a disciplined member and leader of, among others, the United Democratic Front and the African National Congress;
(4) acknowledges the great contribution that hon Minister Omar made in the making and shaping of our democracy, as both a member of this House and our Government;
(5) believes that he leaves behind a legacy of dedicated service to our country; and
(6) conveys its deepest condolences to the Omar family and all his loved ones. The MINISTER OF DEFENCE: Madam Speaker, Deputy President and hon members, it is with deep melancholy that I rise to pay tribute to a great patriot, a selfless freedom fighter, a revolutionary human rights lawyer, and a distinguished former member of the Parliament of our country, the late hon Dullah Omar.
Throughout his life, from humble beginnings in District Six, the hon Omar successfully wove the revolutionary vision of the Freedom Charter into his everyday life as a people’s lawyer, as a political activist and later as an hon member of this House and as a member of state.
It is difficult to separate his professional life from his role as a political activist. The human rights lawyer and the political activist were found in equal parts. He brought to both a measure of integrity and a depth of understanding, not only of what we were fighting against, but also of what we were fighting for. His steadfast stand against apartheid led to several terms of detention and solitary confinement, notwithstanding his status as a member of the Bar. This experience led him to say, and I quote:
Up to 1985, until my arrest, I saw my main role as being the role of lawyer and therefore, even though I was active politically, politics played a secondary role to that of lawyer. The year 1985 heralded, for me, the beginning of a new chapter that was the primacy of the struggle for liberation, the primacy of direct resistance and a battle to overthrow the apartheid regime. That became the main objective of my life. Therefore, even though I continued to practise law and did my bit, politics began to play the dominant role.
During those years he was able to align organisations of professional men and women such as Nadel to the struggle for democracy by identifying what he termed, “the key demands of democracy”.
His understanding of the nature of the struggle for liberation, his national and class content and his commitment to a culture of human rights enabled him to understand the importance of coming to terms with our past in order for us to move forward. Many of us know him as one of the key architects of the truth and reconciliation process. As the first Minister for Justice and Constitutional Development in a democratic South Africa, he aspired to create, as he put it:
… a legal system designed to protect South Africa’s people from any form of oppression and exploitation, to defend their rights to liberty and equality. There shall be a system of justice fit for human beings and designed to humanise all South Africa’s people and encourage them to live in peace and harmony with each other.
During his second term of office he served as the Minister of Transport until his end - a proud and distinguished legacy indeed. He left us a legacy to build on as we move forward into our second decade of democracy, to implement and deliver on the people’s contract, to create jobs, to eradicate poverty and to create a just and humane society. [Applause.]
Mr S B FARROW: Madam Speaker, it is an honour and a pleasure for me, on behalf of the DA, to pay tribute to the late Minister Dullah Omar. For the past five years, it has been a pleasure to work with him in my capacity as the DA spokesperson on transport. Despite our many differences of approach, we always had the same objective in mind, namely to make South Africa’s transport system work. My colleague Douglas Gibson also had the pleasure of working with him in his capacity as the Minister for Justice and Constitutional Development from 1994 to 1999, and my leader, and a number of our members on these benches today, also worked with him in the constitutional negotiations.
Although they often clashed, and some hard trading took place, they all agreed that he was ever the gentleman, and absent in him was the personal rancour and pettiness which sometimes mars political debate and democratic discourse.
When he fell ill, people on this side of the House, and no doubt members in general, sympathised greatly with him and his family. Warm letters were exchanged between him and several of our members of the DA. He leaves behind him a proud record and a legacy of struggle and commitment during South Africa’s darkest days of apartheid from the 1960s to the 1980s. He pushed the state of emergency to its legal limits, whilst personally suffering greatly under it, and he died as he lived - with dignity and courage.
My own association with him was one of an open-door policy. He was always willing to listen to my many transport-related problems and to respond to my many questions. During his term as Minister of Transport he faced major challenges, from the unruly minibus taxi industry to the alarming road accident casualty rate, unroadworthy vehicles, the urgently needed tightening of regulations relating to law enforcement, public transport in regard to buses and rail, and all this coupled with an ailing Road Accident Fund and deteriorating infrastructure in regard to our roads, railways and harbours.
Dullah Omar always took on these challenges, often with little capacity within his department, with commitment, dedication and humility. With the foundation now laid it is important for his work to continue, and I look forward to working with the new Minister in order to implement his thoughts and inspirations for a truly efficient and safe transport sector in South Africa.
We take this opportunity again to extend our deepest sympathies and sincere condolences to his wife, Farida, and his three children and grandchildren. We also extend our sincere sympathies to his friends and colleagues in the ANC on the passing of one of its leading members. Together we can work to ensure that his legacy lives on. I thank you. [Applause.]
Mrs I MARS: Madam Speaker, Dullah Omar’s place in South Africa’s history is undisputed, for his role in the liberation struggle and his distinguished service as the Minister for Justice and Constitutional Development and then as Minister of Transport in the first two democratic Parliaments.
That Dullah Omar conducted his duties diligently to the very end testifies to the depth of his commitment. Yet, the profound sense of loss is felt on both sides of the House and across our nation. Perhaps it points to an even more profound and enduring legacy, for Dullah Omar was a true patriot in the noblest sense of the word, a proud South African, first and foremost. At a time when we are all trying to construct a new meaning of citizenship and forge a spirit of national unity, Dullar Omar’s example shone brightly. His unswerving loyalty to his party and its cause never prevented him from reaching out to others across the political divide and beyond. He rejected political sectionalism and refrained from engaging in puerile political point-scoring.
With Dullah Omar’s passing, on this side of the House we have not just lost a political colleague and opponent, we have lost a friend. The essential hallmarks of his character were his humanity, decency, and generosity of spirit. His life showed that it is possible to traverse the loftiest peak of human endeavour without losing the common touch, or being tainted by the trappings of power.
The IFP joins with members across this House in paying tribute and celebrating his rich and full life. The best way we can cherish his memory, as always, is by emulating his examples. Our deepest sympathy and condolences go to his family and his many friends. I thank you. [Applause.]
Ms N C NKABINDE: Madam Speaker and hon members, today we say goodbye to the late Dullah Omar, who was elected twice to this House and served in both the previous Cabinets. The UDM would like to take this opportunity once more to extend our condolences to his wife, family, friends and the ANC.
It would be impossible in this short space of time available to pay proper tribute to every aspect of Dullah Omar’s life. Suffice it to say that he had dedicated his entire adult life to the attainment and advancement of freedom and democracy under the auspices of Nadel, later at Codesa, and eventually in the Cabinet. His was a life dedicated to the service of others.
The UDM president, the hon Holomisa, describes him as someone who was “a father figure for many, a rational person, a thinker and a warm person.”
He will be sorely missed in public and private life, but we may be consoled by the fact that his legacy lives on. I thank you, Madam Speaker. [Applause.]
Mrs P DE LILLE: Madam Speaker, hon Deputy President, on behalf of the Independent Democrats we bring condolences to the family of the late Dullah, his wife Farida, and his sons, and also to the ANC. We certainly know Dullah as a family man. The last time I visited him, I found his sons and his family all around him. And he was always a great and respected man in his own community too.
He was never a man after material gain. During the years of the struggle he defended many comrades without getting paid for it, which led him to suffer financially. He also struggled to get his own sons through university, but he never complained about it, and he continued to defend many of our comrades.
I also recall that when we were negotiating the interim Constitution and the AWB burst into the World Trade Centre, I was with the late Barney Desai and the late Dullah Omar and that we were saying that maybe we should move the talks to Cape Town, because it was too dangerous in Johannesburg. And certainly even there during the negotiations for the interim Constitution he played a valuable role. He was with us through all those late nights, and he was very, very principled on all the issues that we agreed on.
He certainly will be a great loss to South Africa, and to his family. The Independent Democrats wish his family strength and we wish them well. Thank you. [Applause.]
Mnr C B HERANDIEN: Mev die Speaker, die Nuwe NP ondersteun hierdie mosie heelhartig. Daar is twee uitstaande kenmerke van wyle Dullah Omar waarvan baie min mense bewus is en wat ek vandag hier wil openbaar.
Tydens ‘n aanslag op my lewe was dit Dullah Omar wat op ‘n dag vir my gevra het om na sy kantoor te kom om te kyk na die bekentenis van ‘n sersant van die weermag wat deur die BSB gehuur was om my om die lewe te bring. Ek onthou Dullah Omar die oggend toe die tornado Manenberg getref het. Toe persone van verskillende politieke oortuigings probeer het om politiek daarvan te maak, was dit hy wat op sy stil manier gesê het: “Mense, ons het hier te doen met ‘n tragedie. Vergeet julle verskille. Kom ons kyk na ‘n plan om hierdie mense te help.”
Dit is die tipe persoon wat ons graag sal wil onthou.
Die ander punt wat ek wil uitlig, is dat dit ‘n jammerte is dat Dullah Omar nie kon geleef het om te sien dat die padsterftes oor die Paasnaweek verminder het nie. Sy woorde was altyd: “Een sterfte was een te veel.” Ons sal hom onthou vir die sagmoedige manier waarop hy altyd te werk gegaan het, en die Nuwe NP wil graag sy meegevoel betuig aan sy naasbestaandes en sy kollegas.
Ons steun hierdie mosie. [Applous.] (Translation of Afrikaans speech follows.)
[Mr C B HERANDIEN: Madam Speaker, the New NP supports this motion wholeheartedly. There are two prominent characteristics of the late Dullah Omar of which very few people are aware, and which I want to reveal here today.
During an attempt on my life it was Dullah Omar who invited me to his office one day to look at a confession made by a sergeant in the army who was hired by the BSB to assassinate me. I remember Dullah on the morning when the tornado hit Manenberg. When people from different political persuasions tried to politicise it, he was the one who said in his quiet manner: “Mense, ons het hier te doen met ‘n tragedie. Vergeet julle verskille. Kom ons kyk na ‘n plan om hierdie mense te help.” [People, we are dealing with a tragedy here. Forget about your differences. Let us look at a way to help these people.]
This is the type of person we would like to remember.
The other point I want to highlight is that it is a pity that Dullah Omar could not live to see that the death toll on our roads had decreased over the Easter weekend. He always said: “Een sterfte was een te veel.” [One death is one too many.]
We will remember him for the gentle way in which he conducted himself, and the New NP would like to extend its condolences to his next of kin and colleagues.
We support this motion. [Applause.]]
Mr L M GREEN: Madam Speaker, hon Deputy President and members, on behalf of the ACDP I rise in support of this motion in honour of the late Dullah Omar. The late Minister Dullah Omar was a respected and selfless man of the people of South Africa. He embodied many of the qualities and values upon which this country’s Constitution is built. As such it was fitting that he was chosen as the first Minister of Justice of our new democratic order in 1994.
As an intellectual he was a mentor and voice of reason to university students during those turbulent days of marches and student protest. As a legal activist he gave much of his time and energy to represent the many in detention, and was a great source of strength to those families who believed that they had in him a trusted friend of those either in prison or in exile.
He often, at great expense to himself and his own family, used his own resources to help those less fortunate detainees. In this he proved that he loved his political purpose in South Africa more than he loved his own life. The work of the UDF was given the necessary stature and mass appeal because of individuals such as the late Dullah Omar. Although he sacrificed his time with family for the sake of others, he remained a steadfast and committed family man. In fact, his love for a just and free South Africa was his personal quality that strengthened his family ties.
The late Dullah Omar had one great quality and that was that he never allowed his personal views to come in the way of helping others, irrespective of their political views. He was able to represent and speak to anyone, because he believed in a South Africa that would be a home for all who lived in it, black and white, and for all who held different persuasions of belief and custom. This is the legacy he leaves behind. South Africa will become a great nation if we nurture such values throughout the width and breadth of our nation.
The ACDP extends its sincere condolences to his wife, Farida, his family and friends, his party the ANC, and all who dearly loved Dullah Omar. I thank you. [Applause.]
Dr C P MULDER: Madam Speaker, hon Deputy President, Mr Dullah Omar was one of twelve children of Asa and Mohammed Omar, a greengrocer hawker here in Cape Town.
He was born in Cape Town on 26 May 1934, and then he attended a small Muslim primary school in Salt River, and the Wesley Training School, after which he matriculated at Trafalgar High School in 1952. Between 1953 and 1957 Mr Omar attended the University of Cape Town where he completed a BA degree and an LLB degree. Following graduation, he completed his legal articles in Cape Town, and then opened a legal practice in partnership with Cadoc M Kobus in Cape Town. He spent almost all of his life in Cape Town, and played all the major roles in his life basically in Cape Town, and later here in Parliament.
Mev die Speaker, die Vryheidsfront Plus het met Minister Omar te doen gekry veral tydens die onderhandelingsproses, en ook kort ná die 1994-verkiesing, toe hy die Minister van Justisie was, rondom die amnestie-prosedures, en die justisiedebat wat daar in daardie tyd was. En ek dink minister Omar sal waarskynlik eendag onthou word as Suid-Afrika se eerste Minister van Justisie ná die nuwe Suid-Afrika tot stand gekom het, en ook vir die hele Waarheid- en Versoeningskommissie-proses wat hy gelei het, en deur die Parlement gevoer het, as die verantwoordelike minister.
Ek wil namens die Vryheidsfront Plus ons opregte meegevoel betuig, nie net met sy kollegas in die ANC wat ‘n kollega verloor het nie, maar veral met sy familie. Ons het ‘n kollega verloor, maar sy familie het ‘n eggenoot, ‘n pa en ‘n oupa verloor. Ons betuig ons opregte meelewing, en ons bid sy familie sterkte toe. Baie dankie. [Applous.] (Translation of Afrikaans paragraphs follows.)
[Madam Speaker, the Freedom Front Plus started dealing with Minister Omar especially during the negotiation process, and also shortly after the 1994 election, when he was Minister of Justice, regarding the amnesty procedures and the justice debate that was conducted at the time. And I think Minister Omar will probably one day be remembered as South Africa’s first Minister of Justice after the new South Africa was established, and also for the whole process of the Truth and Reconciliation Commission under his leadership, and which he piloted through Parliament as the responsible Minister.
On behalf of the Freedom Front Plus I want to express our sincere condolences, not only with his colleagues in the ANC who lost a colleague, but especially with his family. We have lost a colleague, but his family lost a husband, a father and a grandfather. We express our sincere condolences and we pray that God will grant his family strength. Thank you very much. [Applause.]]
Mr P H K DITSHETELO: Madam Speaker, Deputy President and hon Ministers, the UCDP wishes to express its condolences to the family and friends of the late Minister Dullah Omar.
His passing away has robbed the country of a leader with a vision to transform the transport sector and a commitment to making our roads safe for both motorists and pedestrians. He is well remembered as Mr Arrive Alive. His mission was to reverse the bad image of our roads as death traps. Yes, indeed, he was winning the war, as witnessed by the reduction in fatalities on our roads during major public holidays.
He has also distinguished himself in the area of justice as a luminary who laid a solid foundation for judiciary transformation to take root. We sincerely believe that the only way to preserve the legacy of the late Minister Dullah Omar is to carry on with his ideals of a better society for all.
Dullah Omar e ne e se motho yo o mafaratlhatlha. E ne e le motho wa batho, tsala ya ditsala. Re tla mo gakologelwa ka bonolo ba gagwe mme re gakologelwa le ba losika lwa gagwe bogolosegolo ba ANC ka tatlhegelo e ba nang le yona. Le rona re lela le bona. A moya wa gagwe o lale ka kagiso. [Legofi.] [Dullah Omar was not a difficult person. He was a people’s person, a friend amongst friends. He will be remembered for his gentleness, and his family is thought of, and especially the ANC, for their loss. We sympathise with them. May his soul rest in peace. [Applause.]]
Mr T GODI: Madam Speaker, Deputy President and hon members, on behalf of the PAC we join the House in saluting the late Minister of Transport, Comrade Dullah Omar.
His life is indeed instructive and exemplary, not unique, but equally and certainly not common. Comrade Omar belonged to that category and generation of cadres and leaders who were not motivated by selfish and material rewards, but who were motivated by a higher ideal of service, suffering and sacrifice in the interests of the collective, in the interests of all.
When others chose the comfort of home and family, he chose the comfort of struggle, whose guaranteed menu from the enemy’s side then was exile, prison, torture and even death. As an activist attorney he served us all in the liberation movement without partiality. We of the PAC were amongst the first to benefit from his services as a lawyer in the early sixties. Comrade Omar, as testified before, provided legal services to communities often for no fees whatsoever.
Comrade Omar not only fought and lived to see the demise of the evil that is white domination, but had an opportunity to contribute to the building of a new society and a new nation. He served his country with a deep sense of commitment - a commitment he showed in spite of the severity of his illness and one which he showed to the end. Omar is remembered as a person who was humble and devoted and who had striven for a just and equitable order in our country. May his example be emulated.
He is missed not only by his family and the Congress movement, but by the whole nation. May his soul rest in peace. [Applause.]
Mr P J NEFOLOVHODWE: Madam Speaker, the Azanian People’s Organisation wishes to join other hon members of this House in expressing our heartfelt condolences to both the biological and the political families of the late Comrade Dullah Omar.
All members of Parliament who spoke before me have expressed, almost in unison, the deep sense that accompanied the passing on of this gallant fighter and campaigner for human dignity and freedom. Many still will extol his virtues as a determined, fearless and yet humble servant of his people who really soldiered on in spite of his failing and deterioriating state of health.
To Azapo, Comrade Omar has not just been another member of the ruling party. Our association with him actually predates the existence of our party. We will always remember him as a very helpful comrade who was not just a lawyer for the SASO BPC trialists on Robben Island, but was also an inspiration to some of us who benefited from his services. He inspired some of us to study, and even assisted in making arrangements for the pursuance of such studies.
We therefore would like to say, in the words of one writer: heaven and us had part in his life; our part we could not keep from death, so heaven has kept its part for eternity. May his soul rest in peace. Thank you. [Applause.]
The SPEAKER: Hon members, I wish to formally add the condolences of the Deputy Speaker and myself.
We will forward the message of the resolution to the family.
Debate concluded.
Motion agreed to, all members standing.
INVITATION TO THE FORMER PRESIDENT NELSON MANDELA
(Draft Resolution)
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move on behalf of the Chief Whip of the Majority Party:
That the House -
(1) recognises that this year marks the tenth year of a democractic Parliament in South Africa;
(2) recalls that on 10 May 1994, Mr Nelson Mandela was inaugurated as the first President of the democratic South Africa, after he had been elected unopposed by the National Assembly on 9 May; and
(3) therefore resolves -
(a) to celebrate our ten years of a democratic Parliament; and
(b) subject to the concurrence of the National Council of Provinces,
to invite former President Nelson Mandela to address a Joint
Sitting of the Houses on 10 May, the day of his inauguration ten
years ago, in order to commemorate ten years of a democratic
Parliament. [Applause.]
Agreed to.
RETIREMENT OF SECRETARY TO PARLIAMENT
(Announcement)
The SPEAKER: Order! I have to announce that the Secretary to Parliament will be retiring from the Parliamentary Service with effect from 1 June 2004.
RETIREMENT OF SECRETARY TO PARLIAMENT
(Draft Resolution)
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move on behalf of the Chief Whip of the Majority Party:
That, in view of the retirement of the Secretary to Parliament, Mr Sindiso Mfenyana, with effect from 1 June 2004, the House desires to place on record its appreciation of the distinguished service rendered by him as an officer of Parliament since 1994.
[Applause.]
Mr D H M GIBSON: Madam Speaker, it’s a privilege for the DA to join in supporting the resolution relating to the retirement of the Secretary to Parliament, Mr Sindiso Mfenyana. The abiding memory I will have of his term is his unfailing and gentle courtesy and friendliness. He is a very decent man, who coped with his many tasks behind a curtain of imperturbability. Nothing seemed to ruffle his feathers or make him lose his temper.
I am somewhat more volatile, but in many years of interaction between us he never once shared his irritation with me, even when he must have felt it on some occasions. [Laughter.] [Applause.] The Secretary is married to a very nice woman, who supported him loyally. [Interjections.] I hope members are agreeing with me. We got to know her socially and she really is a very nice woman. She supported him loyally throughout his career over very many years. We on this side of the House wish them both health and happiness, and many good years in retirement. [Applause.]
Mrs S A SEATON: Madam Speaker, it is my pleasure, on behalf of the IFP, to express our appreciation to Mr Sindiso Mfenyana for the service that he has delivered to this Parliament, and more specifically to the IFP, over the past years. Mr Gibson has already said, and I would repeat, that he has been an absolutely courteous, kindly and pleasant gentleman all the way through. No matter what we asked, he tried to oblige. His door was always open. He tried very hard to assist the members wherever possible.
I am probably also not a very quiet person. I am a little demanding at times, and I must say that every time I have asked for a meeting with him, he has gone out of his way to make it possible to speak to him and to do whatever he could to assist our party wherever possible. I got to go to Russia with Mr Mfenyana some time back and I want to tell you that I got to know a great deal more about the man there. He really is an interesting man. [Laughter.] [Applause.] I want to tell you that it’s not the way you think it was. [Laughter.]
The SPEAKER: Order!
Mrs S A SEATON: Mr Gibson spoke about his wonderful wife. While we were in Russia, all Mr Mfenyana spoke about was his wonderful life, and his wonderful wife and son. So you can forget about that. [Laughter.]
I would like to say to you, Sir: Thank you so much for what you have done for our party and for Parliament, and for the many years of service you have given to us here. I hope that you enjoy your retirement with your wife, and I would like to end off by saying to you in the little bit of Russian that I learnt with you: “spasibo”, which means “thank you”, and “dosvidanya”, which means “goodbye”. God bless and goodbye. [Applause.]
Mr G T MADIKIZA: Madam Speaker, hon Deputy President and hon members, the UDM wishes to extend its appreciation to Mr Mfenyana for the work that he has done during his term of office. Parliament has a surprisingly larger administration than most people would guess. Being at the head of that administration can be a difficult and complex task at the best of times.
Mr Mfenyana also had to steer this institution through a long and thorough transformation. All in all, he acquitted himself well. As such, he has left his mark on this Parliament and will be remembered as a fellow architect of the first democratic South Africa.
The new Secretary to Parliament is inheriting a vibrant and dynamic institution. We wish him well in his endeavours. The UDM wishes Mr Mfenyana a well-deserved rest after a job well done. I thank you. [Applause.]
Mrs P DE LILLE: Madam Speaker, we all arrived here ten years ago very much thrown into the deep end of things and had to find our way through a lot of rules and regulations, and certainly Mr Mfenyana was there with us in transforming this institution. He made Parliament accessible for disabled people, which it was not when we arrived here. I think we will always remember him for that. I also know that he must have had a hard time with two very demanding presiding officers, but he was never angry and was always diplomatic. He would say silently to us that this was what “they” wanted and we knew exactly what he meant.
We wish him well in his future travels and with his family. We hope that, like many other people leaving this Parliament, he will find some time to write down some of the events that took place here so that we can keep that for posterity, for our future generations. Thank you. [Applause.]
Mr C H F GREYLING: Mev die Speaker, namens die NNP is dit vir my aangenaam om mnr Mfenyana te bedank vir die tydperk wat hy as Sekretaris van die Parlement gedien het. Met die totstandkoming van die eerste verkose demokratiese Parlement moes hy ‘n baie moeilike taak op sy skouers neem om in totaal nuwe omstandighede hierdie instelling te bestuur en aan die transformasieproses mee te doen. (Translation of Afrikaans paragraph follows.)
[Madam Speaker, on behalf of the NNP it is a pleasure for me to thank Mr Mfenyana for the term he served as Secretary to Parliament. With the establishment of the newly elected democratic parliament he had to take on the daunting task of managing the institution under these new circumstances and participating in the transformation process.]
It was not always an easy task but through dedication and commitment he managed to overcome the challenges he faced and he weathered many a storm with a budget which not always corresponded with the demands made.
Sy bydrae om van hierdie Parlement ‘n volledig demokratiese instelling te maak, word in die besonder waardeer. Die pos van Sekretaris van die Parlement is nie altyd die mees populêre posisie om te beklee nie. Desondanks het hy te alle tye ‘n oopdeurbeleid vir al die partye gevolg. Die proses om deursigtigheid te bevorder en die instelling oop te stel vir die gewone burgers van Suid-Afrika getuig van sy toegewydheid. (Translation of Afrikaans paragraph follows.)
[His contribution to making this Parliament a totally democratic institution is especially appreciated. The position of Secretary to Parliament is not always the most popular. Despite that, he always followed an open-door policy in respect of all parties. The process of promoting transparency and opening the institution for the ordinary citizens of South Africa bears testimony to his dedication.]
It is my pleasure to wish our retiring Secretary all the best for the future and the path that he has chosen. We trust that his new task will be less tiring than that of the past decade. We know that when Mr Mfenyana looks back at his term as the Secretary of the first democratic parliament he will do so with pride, and we wish him all the best. I thank you. [Applause.]
Ms C DUDLEY: Madam Speaker and hon members, on behalf of the ACDP, I would like to thank Mr Mfenyana, the Secretary to Parliament, for his faithful service to Parliament since 1994. His friendly, helpful and peace-loving manner was always appreciated. We pray, Mr Mfenyana, that you will find happiness and fulfilment as you move into this new phase of your life.
The ACDP would also like to take this opportunity to express our appreciation for the outgoing Speaker of the National Assembly, Dr Frene Ginwala. Dr Ginwala is held in high esteem by many and we in the ACDP would like to commend and congratulate her on her excellent handling of such an exacting task. Dr Ginwala, we hope that you will enjoy your retirement from politics and pray that you will be blessed with health and happiness in all that you do. I thank you.
Dr C P MULDER: Madam Speaker, Deputy President, the FF appreciates and expresses it support for this motion in front of the House in terms of wishing the retiring Secretary to Parliament everything of the best.
Ek het mnr Mfenyana die afgelope tien jaar leer ken op verskeie geleenthede, maar veral in die hoofswepevergadering, waar hy ons van tyd tot tyd kom besoek het. Somtyds het ons mekaar gevind; en somtyds het ons nie. Ek wil wel graag vir u lees uit die voorwoord ÿ.ÿ.ÿ. [I got to know Mr Mfenyana over the past ten years on several occasions, but in particular during the Chief Whips’ Forum which he visited from time to time. Sometimes we found each other, and sometimes not. I would like to read from the foreword …]
… the foreword to the guide to Procedures of the National Assembly. I think it is a very good thing that this is being published now after 10 years, just as the Secretary is leaving. New members will find out that it takes approximately 10 years to find out what is going on in this place. I just want to read a short passage from the foreword written by the Secretary:
When the new democratic Parliament was opened on 9 May 1994, more than half of the members sworn in had never set foot in the South African Parliament, let alone understood the procedures to be followed. Thus between 9 May 1994 and the first joint sitting on 24 May, the parliamentary officials and senior staff conducted intense induction workshops to take the members through the then existing rules of proceedings. Newly elected Chairpersons of committees had to hit the ground running, largely assisted by the committee clerks. Service officers were on their feet throughout the day, helping the members first to find their own offices and then their committee rooms. The forms of address varied between “honourable” and “comrade” and the dress code was simply defined as clean and decent, in keeping with the prevailing weather.
Mr Secretary, on behalf of the FF Plus we wish you well, and we wish you well in your retirement. It was an honour and a privilege to know you. Thank you very much and goodbye.
Mr I S MFUNDISI: Madam Speaker and hon members, the UCDP also wishes to bid Mr Sindiso Mfenyana farewell after a job well done. He can be viewed as one of the midwives in the delivery of our democratic Parliament. He has been at the coalface of ushering in a democratic dispensation in the parliamentary discourse. Despite his many assignments he has always had an ear for the concerns of political parties and members of Parliament. As administrator he did his utmost to ensure that the lives of members were pleasant, while on the other hand he had to ensure that the integrity of the institution was not compromised. On some occasions he has had to make unpopular decisions in a bid to make sure that things were happening.
He surely is a decisive man who does not leave things or issues to chance. His quiet nature belies a man of strong character. While we wish Mr Mfenyana the best in all his future endeavours, may I take this opportunity to advise him to know that retirement means being tired twice: First being tired of working and then being tired of not! Nonetheless, in the spirit and the mood of this afternoon, we the UCDP say farewell to u tataMfenyana. [Applause.]
Mr N T GODI: Madam Speaker and hon members, Ntate Mfenyana, we in the PAC join the House in bidding you farewell. You served us as a party and the institution of Parliament well. We thank you for your service and contribution to the smooth running of this democratic Parliament and ultimately the entrenchment of democracy itself. It is not an everyday occurrence that a citizen gets an opportunity to serve his or her country at such a high level. You got the opportunity and have served admirably. You belong to the new breed of administrative cadres who use the institutions of the state to serve the people, a living testimony of and for the democratic order. We wish you well in your new endeavours. We are confident that you will again prove yourself worthy of the trust that will be bestowed on you. We hope that you continue to serve our country and people in whatever capacity. We are also hopeful that the new Secretary will at least maintain the ethos you and your team established.
Hi ri ndlela nhle ndoda ya ka Mfenyana hi na va PAC. [On behalf of the PAC we say: Thank you, Mr Mfenyana.]
MR P J NEFOLOVHODWE: Madam Speaker, Azapo joins other parties in expressing its appreciation for the work and distinguished service rendered by Mr Sindiso Mfenyana since 1994. Although our association with his office started only in 1999, we have always felt warmth and a brotherly spirit from him and members of his staff. Azapo wishes him well in his future involvement in the service of our country, his family and our people. I thank you. [Applause.]
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, Deputy President and hon members, in 1962, around the 2 nd of January, the ANC arranged for a small group of nine young people to leave the country through Botswana in search of skills to bring about our country’s freedom. Driven by a burning desire to create a humane South Africa out of the ashes of crime against humanity, these young people journeyed to learn languages and cultures unknown to them. From Botswana they went to Zambia, Tanzania, London, Moscow, Hungary or to Havana in Cuba. By the time they began arriving back on South African soil in Johannesburg, from the 1990s, they were statesmen and women, they were tried and tested soldiers for positive change to create a better life for all. When in 1994 Mr Mfenyana began serving this Parliament as the undersecretary and in June 1997 got appointed as secretary to this honoured institution of our people, we had chosen one amongst the then nine young people who in 1962 crossed the border to Botswana in search of solutions to their country’s problems.
Yours, Mr Mfenyana, has been an honoured role at the helm of the institution that from 1994 became the historical site of the noble struggles for the development and adoption of a democratic constitutional and legal framework.
We thank you, Comrade Mfenyana, for your valued contribution in this Parliament. We salute you on your lifelong commitment to the cause of freedom, peace, social justice and a better life for all in our country, in Africa and in the world. As we face the challenge of creating work and reducing the number of our people dependent on social welfare, we know that even in your happy and peaceful retirement - which we wish you dearly - your profound experience will always remain an asset of value to us and to all of humanity. Baba uMfenyana, may you enjoy the beauty that characterises our valleys and mountains, our cultures and unity. As we said in 1962 when that young fresh face of yours jumped to other lands, so we say today to your wisdom-filled eyes:
Sithi ndlelanhtle, baba. Uphumule kamnandi. Siyawubonga umsebenzi nobuqhawe bakho. [Ihlombe.] [We say goodbye to you, Sir. Have a good rest. We are grateful for the work you have done and for your bravery. [Applause.]]
The SPEAKER: Again, hon members, I wish to add the congratulations and the good wishes of the Deputy Speaker and I to those of hon members to our retiring Secretary to Parliament. However, we should not fool ourselves that he is about to rest. Mr Mfenyana immediately gets into his next task in the Department of Foreign Affairs. He leaves the country to be posted to one of the countries abroad where he will represent us, as he has always done, as the people of South Africa. And for that we really thank him but we do wish that he could take at least a month off. That is, of course, falling on deaf ears. He has already laughed at me when I raised that with him. I did not understand how he could just move from one job, which he has held for 10 years, straight into the next one. But that is how it is when you have been moulded in the way that he was.
Thank you very much, Mr Mfenyana, for your service. Indeed there are no objections to the motion. It will be forwarded also to your wife, Rita Mfenyana, who has in her own way also served because she did prop you up so that you could serve us as well as you did. [Applause.]
Debate concluded.
Motion agreed to.
APPOINTMENT OF NEW SECRETARY TO PARLIAMENT
(Draft Resolution)
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: I move on behalf of the Chief Whip of the Majority Party:
That the House, on the recommendation of the Speaker of the National Assembly and the Chairperson of the National Council of Provinces, appoints Mr Zingile Alfred Dingani as Secretary to Parliament with effect from 1 June 2004.
[Applause.]
Agreed to.
APPOINTMENT OF CHAIRPERSON OF COMMITTEES
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move:
That Mr G Q M Doidge be elected as Chairperson of Committees.
[Applause.]
Agreed to.
APPROPRIATION BILL
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move:
That the House resumes proceedings on the Appropriation Bill [B 3 - 2004] (National Assembly - sec 77) from the stage it reached on 27 February 2004, the last sitting day of the House during the sixth session of the Second Parliament, when the First Reading of the Bill was agreed to.
Agreed to.
APPOINTMENT OF THE AD HOC COMMITTEES
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move that:
(1) notwithstanding Rule 199, the House appoints the following ad hoc committees in terms of Rule 214:
(a) Agriculture and Land Affairs;
(b) Arts and Culture;
(c) Correctional Services;
(d) Communications;
(e) Defence;
(f) Education;
(g) Environmental Affairs and Tourism;
(h) Finance;
(i) Health;
(j) Home Affairs;
(k) Housing;
(l) Justice and Constitutional Development;
(m) Labour;
(n) Minerals and Energy;
(o) Provincial and Local Government;
(p) Public Enterprises;
(q) Public Service and Administration;
(r) Public Works;
(s) Safety and Security;
(t) Science and Technology;
(u) Social Development;
(v) Sport and Recreation;
(w) Trade and Industry;
(x) Transport; and
(y) Water Affairs and Forestry; and
(2) the committees -
(a) consist of 17 members, composed as follows: African National
Congress 10; Democratic Alliance 2; Inkatha Freedom Party 1;
other parties 4;
(b) exercise those powers in Rule 138 that may assist them in
carrying out their tasks;
(c) perform the functions specified in Rule 201 in respect of the
government affairs assigned to them, and in particular consider
the budget Votes of the relevant state departments; and
(d) be dissolved by resolution of the House.
Agreed to.
REPORTS OF THE WORKING GROUP ON THE AFRICAN UNION
(Draft Resolution)
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move the motion as it stands on the Order Paper in the name of the Chief Whip of the Majority Party: That the House, noting the recommendations contained in the reports of the Working Group on the African Union to the previous Parliament concerning the establishment of an ad hoc committee, notwithstanding Rule 199, appoints an ad hoc committee on international affairs comprising two subcommittees, namely a subcommittee on foreign affairs and a subcommittee on African Union -
(1) each subcommittee -
(a) to consist of 17 members, composed as follows: African National
Congress 10; Democratic Alliance 2; Inkatha Freedom Party 1;
other parties 4;
(b) to exercise those powers in Rule 138 that may assist them in
carrying out their tasks;
(c) to perform the functions specified in this resolution until the
ad hoc parent committee is dissolved by resolution of the House;
(d) to be authorised to confer with other Assembly committees and,
subject to the concurrence of the National Council of Provinces,
with the relevant Council committee or forum; and
(e) under the direction of the ad hoc parent committee, to be
authorised to report directly to the House;
(2) the subcommittee on foreign affairs to perform the functions specified in Rule 201 in respect of the government portfolio of foreign affairs; and
(3) the subcommittee on African Union to process and deal with issues emanating from the African Union (AU) and related matters, including -
(a) consideration of mandates of Parliament’s delegation to the Pan African Parliament (PAP);
(b) consideration of reports emanating from the PAP;
(c) acting as a forum for discussion with the Executive in its engagements with the AU; and
(d) consideration of matters concerning Nepad, the Southern African Development Community (SADC) and the SADC Parliamentary Forum.
Agreed to.
APPOINTMENT OF THE AD HOC FORUM ON PARLIAMENTARY BUDGET
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move:
That -
(1) notwithstanding Assembly Rules 165 to 168 and Joint Rules 64 to 66, the House subject to the concurrence of the National Council of Provinces appoints an ad hoc Forum on the Parliamentary Budget, the Forum to -
(a) consist of -
(i) the Speaker, Deputy Speaker and Chairperson of Committees
of the Assembly;
(ii) the Chairperson, Permanent Deputy Chairperson and
Chairperson of Committees of the Council;
(iii) the Chief Whip of the Council;
(iv) the Chief Whips or Senior Whips of the African National
Congress, the Democratic Alliance and the Inkatha Freedom
Party, and one from the other parties; and
(v) from either House, one senior member designated by the
African National Congress, the Democratic Alliance and
the Inkatha Freedom party, respectively, and one from the
other parties; and
(b) be co-chaired by the Speaker and the Chairperson of the Council
or, in the absence of either, by the Deputy Speaker or Deputy
Chairperson, as applicable;
(c) prepare the parliamentary budget and report thereon to the Joint
Rules Committee; and
(d) be dissolved by resolution of both Houses; and
(2) the Rules applicable to joint committees generally apply to this Forum to the extent required or appropriate.
Agreed to.
DESIGNATION OF MEMBERS TO REPRESENT PARLIAMENT IN THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY PARLIAMENTARY FORUM
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move:
That the following members be designated to represent Parliament in the Southern African Development Community Parliamentary Forum in terms of article 6(3) of the constitution of the said Forum:
Hajaig, F (Assembly);
Mbete, B (Speaker);
Ntwanambi, N (Council);
Seremane, W J (Assembly); and
Sithole, D J (Assembly),
of whom Ms N Ntwanambi will represent Parliament in the Women’s Forum.
Agreed to.
The House adjourned at 14:57. ____
ANNOUNCEMENTS,TABLINGS AND COMMITTEE REPORTS
TUESDAY, 4 MAY 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Assent by President in respect of Bills
(1) Armaments Corporation of South Africa, Limited Bill [B 18D -
2003] - Act No 51 of 2003 (assented to and signed by President on
20 April 2004);
(2) Petroleum Products Amendment Bill [B 25D - 2003] - Act No 58 of
2003 (assented to and signed by President on 20 April 2004);
(3) Liquor Bill [B 23F - 2003] - Act No 59 of 2003 (assented to and
signed by President on 20 April 2004);
(4) Education Laws Amendment Bill [B 38D - 2003] - Act No 1 of 2004
(assented to and signed by President on 20 April 2004);
(5) Telecommunications Amendment Bill [B 65B - 2003] - Act No 2 of
2004 (assented to and signed by President on 30 March 2004);
(6) Drought Relief Adjustments Appropriation Bill [B 5 - 2004] - Act
No 3 of 2004 (assented to and signed by President on 30 March
2004);
(7) Division of Revenue Bill [B 4B - 2004] - Act No 5 of 2004
(assented to and signed by President on 30 March 2004); and
(8) Prevention and Combating of Corrupt Activities Bill [B 19D -
2002] - Act No 12 of 2004 (assented to and signed by President on
27 April 2004).
National Assembly
- Membership of Assembly
(a) The vacancies which occurred owing to Ms N Bulana and Ms B L
Matlhoahela vacating their seats in the National Assembly with
effect from 22 April 2004, had been filled with effect from 22
April 2004 by the nominations of Mr V C Gore and Ms F Batyi.
(b) The vacancy which occurred owing to Mr M Mangena vacating his
seat in the National Assembly, had been filled with effect from 26
April 2004 by the nomination of Mr N D Habedi.
(c) The following member vacated his seat in the National Assembly
with effect from 22 April 2004:
Nair, B.
(d) The following member vacated his seat in the National Assembly
with effect from 1 May 2004:
Ebrahim, E.
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
(a) Report of the Auditor-General on the Financial Statements of the
Special Pensions Board for the period April 1999 to March 2003 [RP
22-2004].
(b) Report of the Office of the Auditor-General on the Budget of
Income and Expenditure for 2004-2005 [RP 28-2004].
(c) Report on the Review of the Organization and Post Establishment
of the Office of the Public Protector for the period January to
December 2002.
- The Minister of Foreign Affairs
(a) Protocol to the African Charter on Human and Peoples' Rights on
The Rights of Women in Africa, tabled in terms of section 231(2)
of the Constitution, 1996.
(b) Explanatory Memorandum to the Protocol to the African Charter on
Human and Peoples' Rights on The Rights of Women in Africa.
-
The Minister of Defence Strategic Plan of the Department of Defence for 2004-2007 [RP 23-2004].
-
The Minister of Finance
(a) Convention between the Government of the Republic of South
Africa and the Cabinet of Ministers of Ukraine for the Avoidance
of Double Taxation and the Prevention of Fiscal Evasion with
respect to Taxes on Income, tabled in terms of section 231(2) of
the Constitution, 1996.
(b) Explanatory Memorandum on the Avoidance of Double Taxation and
the Prevention of Fiscal Evasion with respect to Taxes on Income.
(c) Agreement between the Government of the Republic of South Africa
and the Government of the State of Kuwait for the Avoidance of
Double Taxation and the Prevention of Fiscal Evasion with respect
to Taxes on Income, tabled in terms of section 231(2) of the
Constitution, 1996.
(d) Explanatory Memorandum on the Double Taxation Agreement between
the Republic of South Africa and the State of Kuwait.
(e) Agreement between the Government of the Republic of South Africa
and the Government of the Kingdom of Swaziland for the Avoidance
of Double Taxation and the Prevention of Fiscal Evasion with
respect to Taxes on Income, tabled in terms of section 231(2) of
the Constitution, 1996.
(f) Explanatory Memorandum on the Double Taxation Agreement between
the Republic of South Africa and the Kingdom of Swaziland.
- The Minister of Transport
Report and Financial Statements of the South African Civil Aviation
Authority for 2002-2003, including the Report of the Independent
Auditors on the Financial Statements for 2002-2003 [RP 15-2004].
- The Minister for Agriculture and Land Affairs
Strategic Plan for the Department of Agriculture.
- The Minister of Health
Agreement between the Government of the Republic of South Africa and
the Government of the Republic of Angola on Health Matters, tabled in
terms of section 231(3) of the Constitution, 1996.
- The Minister for Safety and Security
Agreement between the Government of the Republic of South Africa and
the Government of the Republic of Turkey on Police Cooperation, tabled
in terms of section 231(3) of the Constitution, 1996.
- The Minister of Education
Strategic Plan of the Department of Education for 2004-2006.
10 The Minister of Housing
Report and Financial Statements of Vote 17 - Department of Housing for
2002-2003, including the Report of the Auditor-General on the Financial
Statements for 2002-2003.
National Assembly
- The Speaker
The President of the Republic submitted the following letter dated 8
April 2004 to the Speaker of the National Assembly informing Members of
the National Assembly of the employment of the South African National
Defence Force:
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE IN
COMPLIANCE WITH THE INTERNATIONAL OBLIGATIONS OF THE REPUBLIC OF
SOUTH AFRICA TOWARDS THE GOVERNMENT OF THE REPUBLIC OF MADAGASCAR
FOR HUMANITARIAN ASSISTANCE
This serves to inform the National Assembly that I authorised the
employment of the South African National Defence Force (SANDF)
personnel in fulfilment of the international obligations of the
Republic of South Africa towards the government of the Republic of
Madagascar, for humanitarian assistance, in the provision of air
transport for emergency relief to cyclone affected areas.
This employment was authorised in accordance with the provisions
of Section 201(2)(c) of the Constitution of the Republic of South
Africa, 1996 (Act No 108 of 1996), read with section 93 of the
Defence Act, 2002 (Act No 42 of 2002).
A total of 65 members were employed, consisting of command and
control elements, communications personnel, an interpreter, a
media liaison, medical personnel, aircrew members, ground crew
members and a protection element. The duration of the mission is
14 days.
The main equipment for the execution of the task will consist of:
(a) four Oryx helicopters;
(b) one fixed wing light aircraft;
(c) one Falcon 50 aircraft;
(d) one C-130 Hercules aircraft; and
(e) three chartered IL-76 transport aircraft.
The total estimated cost for the personnel and equipment is
R12 713 651,94.
The Department of Provincial and Local Government will bear
the costs.
I will also communicate this report to the Members of the National
Council of Provinces as well as to the Joint Standing Committee on
Defence, and wish to request that you bring the contents of this
report to the notice of the National Assembly.
Regards
T M MBEKI
THURSDAY, 6 MAY 2004
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
Report and Financial Statements of the Special Investigating Unit for
2002-2003, including the Report of the Auditor-General on the Financial
Statements for 2002-2003 [RP 200-2003].
- The Minister of Finance
(a) Report of the Registrar of Long-Term Insurance for 2002.
(b) Report of the Registrar of Short-Term Insurance for 2002.
(c) Report of the Registrar of Unit Trust Companies for 2002.
(d) Report of the Registrar of Friendly Societies for 2002.
(e) Government Notice No 270 published in Government Gazette No
26080 dated 5 March 2004: Determination of date in terms of
section 7(1) of the Financial Advisory and Intermediary Services
Act, 2002 (Act No 37 of 2002).
(f) Proclamation No R74 published in Government Gazette No 25777
dated 28 November 2003: Assignment of the Transkeian Development
and Reserve Fund Act, 1964 (Act No 3 of 1964), to the Province of
the Eastern Cape under Item 14 of Schedule 6 to the Constitution
of the Republic of South Africa, 1996 (Act No 108 of 1996).
- The Minister of Trade and Industry
(a) Report and Financial Statements of the Estate Agency Affairs
Board for 2001.
(b) Report and Financial Statements of the Estate Agency Affairs
Board for 2002.