National Council of Provinces - 11 February 2004
WEDNESDAY, 11 FEBRUARY 2004 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 15:04.
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.
APPLICATION BY MONSANTO SA (PTY) LTD TO IMPORT GENETICALLY MODIFIED WHEAT FOR HUMAN CONSUMPTION
(Draft Resolution)
Mr K D S DURR: Madam Chair, I hereby move without notice:
That the Council - (1) notes -
(a) the application as published in the Business Day on 19 January
2004 by Monsanto SA (Pty) Ltd, to the Directorate: Genetic
Resources/National Department of Agriculture for a "commodity
clearance permit number for transgenetically modified wheat";
(b) that in the application Monsanto asks for a permit that would
allow for the importation of GM wheat for human consumption
and the manufacture of animal feeds;
(c) that nowhere in the world has GM wheat been allowed to be grown
commercially and even in the USA and Canada, regulatory
approval will take years, if it is ever granted;
(d) that South Africa is being asked to take an environmental and
food safety leap no other country has yet taken;
(e) that all applications for GM wheat worldwide have encountered
technical problems because of its inherent genetic instability
which means that many unintended consequences to human health
and the environment can result;
(f) that we have acceded to the Cartagena Protocol on Biosafety and
that the first meeting of the parties will take place in
Malaysia from 23 - 27 February 2004;
(g) that it has become urgent for South Africa to revise its GMO
Act, Act 15 of 1997, and thus to implement the Biosafety
Protocol;
(h) that also the African Union has recommended that we use the
African Model Law on Biosafety when implementing our biosafety
regime ...
Motion agreed to in accordance with section 65 of the Constitution.
The CHAIRPERSON OF THE NCOP: Order! Hon member, your time has expired. Your motion will be printed in full on the next Order Paper.
Motion agreed to in accordance with section 65 of the Constitution.
CONGRATULATIONS TO CHARLIZE THERON ON WINNING GOLDEN GLOBE AWARD
(Draft Resolution)
Mr A E VAN NIEKERK: Madam Chair, I move without notice:
That the Council -
(1) notes the exceptional honour that befell the South African actress Charlize Theron on Sunday, 25 January 2004, when she received the sought-after Golden Globe award for best actress in the film Monster;
(2) congratulates her on this and wishes her well in her career and in the run-up to the Oscar awards;
(3) notes with pride that she is not afraid to acknowledge in public her origin as a South African; and
(4) requests her kindly, upon receiving the Oscar or any other similar award, to consider also saying a few words in Afrikaans and/or any of the other indigenous languages of South Africa.
The CHAIRPERSON OF THE NCOP: Is there any objection to the motion? No objection. The motion is agreed to. I am not quite sure how the House will communicate its desire to the person mentioned in the motion, but the motion is agreed to.
Motion agreed to in accordance with section 65 of the Constitution.
REAFFIRMING OF IMPORTANCE OF EDUCATION BY ANC
(Draft Resolution)
Mr D M KGWARE: Hon Chair, I hereby move without notice:
That the Council -
(1) notes that the ANC has continuously reaffirmed the importance of education in the further political, social, cultural and economic development of our people;
(2) further notes that as proof of the commitment of the ANC, expenditure on education has remained the largest budgetary item in South Africa over the past decade; (3) acknowledges the fact that progress in education is ahead of the Millennium Development Goals and well ahead of most comparable developing countries; and
(4) commends the Minister of Education on his achievements in reducing the number of unqualified teachers from 74 000 three years ago to 30 000 and the programmes his Department has put in place to upgrade teachers’ qualifications even further.
Motion agreed to in accordance with section 65 of the Constitution.
MISREPRESENTATION OF FACTS BY DA TO CANVASS VOTES AT EXPENSE OF ANC
(Draft Resolution)
Mrs E N LUBIDLA: Chairperson, I wish to move a motion without notice:
That the Council - (1) notes that the ANC rejects as mischievous the diatribe of DA leader Tony Leon at the launch of his party’s election manifesto;
(2) further notes the desperation with which the DA is trying to convince our people that their quality of life has not improved;
(3) also notes that the DA does not want our people to believe that it was the ANC that was responsible for these radical improvements and that they think that through lies and distortions they can hide the bankruptcy of their own arguments;
(4) is of the view that, if the situation of our people prior to 1994 is compared with the way we are now living, the conclusion that the ANC has been successful in improving the quality of lives of millions of South Africans is inescapable;
(5) notes that an even greater majority has given their stamp of approval for the ANC during our second democratic elections in 1999;
(6) also notes that, according to opinion polls, an even greater majority intends to do so during the coming elections;
(7) lastly notes that the ANC believes our people can distinguish between lies and objective facts; and
(8) believes that the best way to assess our Government’s performance is not to listen to what others have to say about it, but rather to measure the impact of its policies and programmes on our own lives.
The CHAIRPERSON OF THE NCOP: Is there any objection to that motion? There is an objection. The motion will therefore become a notice of motion.
GOVERNMENT COMMENDED FOR LAND REFORM
(Draft Resolution)
Rev P MOATSHE: Chairperson, I hereby move a motion without notice:
That the Council -
(1) notes that land restitution, tenure reform and land redistribution are major policy instruments used by the ANC for alleviating poverty;
(2) welcomes the fact that in the last decade our ANC-led Government has processed more than 47 500 out of more than 91 000 land restitution claims;
(3) further notes that these claims involved 810 292 hectares affecting 115 504 households with about 606 000 beneficiaries; and
(4) commends the Government for its commitment to accelerate land reform.
Motion agreed to in accordance with section 65 of the Constitution.
GOVERNMENT COMMENDED ON ITS SUCCESSFUL COMMUNITY-BASED NATURAL RESOURCE MANAGEMENT PROGRAMMES
(Draft Resolution)
Mr Z S KOLWENI: Chairperson, I hereby move without notice:
That the Council -
(1) notes that millions of rural South Africans depend upon biological resources for their day-to-day survival;
(2) further notes that access to this “natural capital” provides a crucial contribution to livelihoods, an important buffer against poverty and an opportunity for self-employment;
(3) acknowledges the contribution of government over the past decade to ensure a more equitable distribution of the rights of access to natural resources; and
(4) commends in particular our ANC-led Government’s efforts to create opportunities for local communities through its community-based natural resource management programmes to participate in the planning, control and conservation of natural resources and, in the process, share in the benefit of these resources.
Motion agreed to in accordance with section 65 of the Constitution.
A JOURNEY TO FREEDOM AND DEMOCRACY
(Subject for Discussion)
THE MINISTER FOR THE PUBLIC SERVICE AND ADMINISTRATION: Thank you very much, Chairperson and members of this House. Chairperson, it was in 1906 that Pixley ka Isaka Seme wrote, and I quote:
The brighter day is rising upon Africa. Already I seem to see her chains dissolved, her desert plains red with harvest, her Abyssinia and her Zululand the seats of science and religion, reflecting the glory of the rising sun from the spires of their churches and universities. Her Congo and her Gambia whitened with commerce, her crowded cities sending forth the hum of business, and all her sons employed in the advancing of victories of peace - greater and more abiding than the spoils of war.
As a movement, the ANC has been marching on the road to freedom and democracy, both within South Africa and throughout our continent since its very founding.
We have seen before us that bright day and we still await the zenith of its sun when, in the words of the Freedom Charter of 1955, and I remind us all:
The people shall govern. All national groups shall have equal rights. The people shall share in the country’s wealth. The land shall be shared among those who work it. All shall be equal before the law. All shall enjoy human rights. There shall be work and security. The doors of learning and culture shall be opened. There shall be houses, security and comfort. There shall be peace and friendship.
These are the goals that direct us, and these are the values that sustain us.
Ons is nou in die tiende herdenkingsjaar van ons eerste demokratiese verkiesing, en dit is gepas dat ons weer kyk na die pad van vryheid en demokrasie wat ons tot dusver geloop het.
Ja, ons doen ‘n terugblik oor ‘n terrein waaroor ons beweeg het. Maar ons kyk ook vorentoe na die pad wat voorlê, ‘n pad met moordende passe, maar met uitsigte oor valleie heen waar mens net verstom kan staan oor die skoonheid en die wonder van hierdie land van ons met sy wye verskeidenheid.
Vryheid en demokrasie - woorde wat geskyn het soos die son in die drome van die onderdruktes - dra met hulle verskillende betekenisse, afhangende van die tyd en konteks waarin ons hulle gebruik. Daar is diegene wat glo dat ons vryheid bereik het met ons eerste verkiesing in 1994, en dat dit die einde van ons reis na demokrasie was.
Hierdie is ‘n vereenvoudigde siening. Ons het dit nie met ‘n wet van die Parlement reggekry om die onregverdighede van die verlede uit die weg te vee nie, of die hindernisse wat opgesit is - somtyds is hulle bykans onsigbaar - te vernietig nie. Maar hierdie onregverdighede en hindernisse sal met ons en ons samelewing wees vir ‘n geruime tyd en vir die jare wat nog voorlê.
Ons oorgang na demokrasie was ‘n wonderwerk, maar ons reis het maar so pas begin. En dit is ons mense wat daardie wonderwerk ‘n werklikheid gemaak het.
Ek is trots om deel te wees van hierdie beweging van die ANC wat oor ‘n periode van meer as 90 jaar geveg het vir ons vryheid en demokrasie. En ons gaan nie nou ophou nie. En vir meer as 90 jaar het ons die debat aan die gang gehou oor die terme vryheid en demokrasie, en wat dit werklik vir ons beteken. (Translation of Afrikaans paragraphs follows.)
[We are now commemorating the tenth year of our first democratic election, and it is appropriate for us to take another look at the road to freedom and democracy that we have walked thus far.
Yes, we look back on the ground that we have covered. But we also look forward to the road that lies ahead, a road with murderous mountain passes, overlooking valleys that will leave one amazed by the beauty and the wonder of this country of ours with its vast diversity.
Freedom and democracy - words that were shining like the sun in the dreams of the oppressed - convey different meanings, depending on the time and context in which we use them. There are those who believe that we achieved our freedom with our first democratic election in 1994, and that that was the end of our journey to democracy.
This is a simplistic view. With a single Act of Parliament we did not manage to wipe away the injustices of the past, or to destroy the obstacles
- sometimes nearly invisible - that were created. But these injustices and obstacles will remain with us and our society for a considerable time in the years to come.
Our transition to democracy was a miracle, but our journey has just begun. And it is our people who have made that miracle a reality.
I am proud to be part of this movement of the ANC who has fought for our freedom and democracy over a period of more than 90 years. And we will not stop now. And for more than 90 years we have kept the debate about the concepts of freedom and democracy, and what it really means to us, alive.]
To us freedom has two aspects. Firstly, it means freedom from oppression; from degradation and indignity; from poverty and want; from prejudice and bigotry.
Then there is freedom to fulfil one’s potential as a member of society; to associate with whomever one chooses; to practise the religion of one’s choice; to live where one chooses and to exercise one’s choice in the election of a government.
But unlike our neoliberal colleagues, we believe that the freedom of the individual is tempered by the consideration of the collective good of society as a whole.
And this is why we protect the most vulnerable in our society with legislation that prevents exploitation. This is why we implement policies to redress the imbalances of the past, in the areas of commerce, of employment and wherever the disabling legacy of apartheid leaves its deathly pall on the aspirations of our citizens.
For the ANC freedom is not simply about voting. Democracy is about the voice of people resounding throughout the institutions of our land - in our schools, our boardrooms and our state institutions. It is about building a society where the opinions, the needs and the insights of the community are respected, and the channels are created for expressing these.
Sedert 1994 het ons ‘n Grondwet te boek gestel wat progressief en inspirerend is. Dit word beskou as een van die mees gevorderde grondwette ter wêreld. Ons suksesse om dienste wat die staat lewer uit te brei oor ‘n kort bestek van tyd, en ondersteuning aan miljoene verarmde mense te verleen, is sonder gelyke in ons tyd.
Ons het ‘n parlementêre stelsel daargestel wat die deelname van diegene wat voorheen aan die kantlyn moes sit - en nie net aan die kantlyn moes sit nie, hulle was heeltemal uitgesluit - stelselmatig versterk het.
Ons regering soek ook aktief geleentheid om tussen mense te beweeg, en om na hulle te luister deur die imbizos, deur veeldoelige gemeenskapsentrums en ons kiesafdelingskantore. Maar solank as wat daar ‘n enkele honger kind in ons land is, sal ons reis nie voltooid wees nie. (Translation of Afrikaans paragraphs follows.)
[Since 1994 we have put on paper a Constitution that is progressive and inspiring. It is considered one of the most advanced constitutions in the world. Our successes in expanding the delivery of state services within a short space of time, and providing support to millions of impoverished people, have no equal in our time.
We have established a parliamentary system that systematically strengthened the participation of those who were previously marginalised - and not only marginalised, but completely excluded.
Our Government is actively looking for opportunities to be amongst the people, and to listen to them through imbizos, through multipurpose community centres, and our constituency offices. But as long as there is a single hungry child in our country, our journey will not be complete.]
Chairperson, what must guide us as we march towards deepening democracy and freedom? As we march towards it in a real sense, some help can be found in our Constitution, which creates the framework within which all institutions of our society function. The Constitution protects our rights from assault. It creates the context and system in which our key institutions operate - our courts, our legislatures and our institutions that protect democracy.
But it is to the state that the Constitution assigns a specific role when it speaks in section 195 of a development-oriented public service - which in 1994 was the buzz word amongst the world experts in public administration and public management.
New public management says - to put it somewhat simplistically - that government departments must operate the same way as business. This is premised on an assumption that business is always more efficient than government and that if we adopt business principles, government will deliver services more efficiently, more effectively, and more economically. And this view was promoted by the radical right of the 1980s, led by the Thatcher and Reagan governments.
In the words of Demetrios Argyriades, Professor of Public Administration, New York University: ``New Public Management firmly rejected (the concept of) public or general interest.’’
Ronald Reagan in his inaugural address in 1981 said: ``Government is not the solution to the problem, government is the problem.’’ Throughout the 80s, the most powerful nations of the world sought to diminish the influence of the state in delivering better lives for people. And this is what led to drastic cutbacks of services to people and to various distortions. I think we can very clearly say today that, as a developmental state, we have learnt that there is no way that business can replace the state and that it is the developmental state that will ensure that services are delivered to the furthest-flung parts of our country.
If we look at the 10-year review, it very clearly states that to those areas over which Government had a direct influence, we were able to deliver services. And I think the story speaks for itself - the story of the South African democracy and its first 10 years. Many of us may wish to forget that the state maintenance grant only benefited 450 000 children with mothers. That grant was there if there was no father - this father had to vanish. It didn’t do any good to the family. It led to greater fragmentation, because the kids knew that this father pitched up late at night when the neighbours didn’t see, and disappeared some time later in the day when the neighbours went to work and so on. [Laughter.] But what was more, the 450 000 who received this grant were from particular racial groups in our country and the grant did not reach the poorest 20% of children in our country, who we are trying to reach with the child support grant.
We had to review and say let’s ensure that the service is accessed by the poorest, but that it must be for the children. Now sometimes you put Government policies in place and there are distortions in the way they are implemented. So what happens at the moment? You have some young girls who receive this grant, but do not use that money for the children. And we heard from older people in our communities who stand up in meetings and inform Ministers and the President that this grant is not doing what it should be doing. And I think there’s a need for us as legislators to say: How do we, with all sectors of our society, ensure that the grant does what is intended; that the policy as implemented serves as a safety net for the child; and that communities again say, ``every child is my child’’? We will ensure that there are no distortions. We need to guide these young women, so that they know that it’s not for them, but for the children.
The positive thing is that we now talk about millions of children on this
grant. It’s no longer 450 000. But there are still areas that we can
improve upon. What we should improve upon is to ensure that the service
delivery mechanism functions in a more effective way. Efficiency'' and
effectiveness’’ are not terms that are exclusive to the private sector.
They must be part of the Public Service, of the public sector, and we must
all make it happen.
I think one would also say that new public management, as I reflected on earlier, still prevails in many societies, but there is an increasing awareness that values and outcomes must play a central role in the way in which the state performs its functions.
We in the ANC never chose or sought to sacrifice the common good at the altar of profit, economy or privatisation. Yes, the Government must be effective and efficient and yes, we want to increase the trajectory of economic growth. But we must not and will not take our eyes off the common good - the collective wellbeing of our society. To the ANC it is the people who elect the Government. We, as public representatives, will fulfil our mandate by ensuring that the welfare of many is not lost to the profits of a few.
Today, of course, the name of business as the model of efficiency and rectitude is tarnished by the massive scandals that scream out from the headlines - Enron, Parmalat, etc. Maybe there will be a little bit of a review - a view that says don’t emulate business. Look at the principles effected in a way that is appropriate for a developmental state. But do it in such a way that the public good is never sacrificed.
There are still those amongst the opposition who cry for a lean, mean state. They go a little silent during election time because they know that there are more than one million voters out there. But they cry out and they also see certain aspects as the panacea for the challenges of our nation. I want to state categorically that, as long as the ANC is in power, we will not seek to create a lean, mean state. What we seek is a state that has the ability to operate efficiently and effectively economically, and is dedicated to enhancing the goals of special significance highlighted in the Millennium Declaration. These goals are peace and the rule of law, development and poverty eradication, protecting our common environment, democracy, good governance and human rights. That’s what we look towards.
We know that globalisation has brought in its wake a complex, integrated world - a world with greater dependencies and increasing imbalances of power and ability to negotiate. In this context the state has an ever- increasing role to provide the enabling environment for economic growth and development. It must ensure that basic services reach all people, particularly the unemployed and the poor. Yes, we must streamline and in some instances ensure that we rid the core Public Service of certain functions, as well as ensuring that every public servant is productively employed. That’s fundamental to us.
But internationally now it is recognised that the state is a pivotal
development partner, working along with the private sector and civil
society. Ten years ago, as well, governance'' was much less used than it
is today. And the increased use of the term
governance’’ indicates that
good governance is of importance, not only to the state, but to all other
sectors, such as the market, civil society and international agencies. But
the emphasis on governance does not mean that we do not require strong
government. We need a public sector that is capable of addressing market
failures and dysfunctionalities and, in an environment of skewed allocation
of resources, inequality, huge gaps in income distribution and challenges
of poverty, is capable of developing and implementing solutions that
transform the very nature of our society. We need constantly to question
whether our state machinery is able to rise to this massive challenge.
And we talk about the two - the dual economy. The state needs to respond in order to ensure that we are able to handle, manage and ensure that nobody, no one part of the dual economy falls by the wayside. Do we have the finest minds, the strongest and most talented leaders forging ahead in the changing fabric of South African society? Our President in the state of the nation address raised the issue of the talent of leadership that we have within our Public Service cadres, but also strongly pointed to the weaknesses that still persist in many quarters.
Our interventions in the Eastern Cape and our restructuring processes have shown that we are beginning to build a public service that’s capable of performing its critical role as the implementors of freedom and democracy. Parliament has a crucial role to play in this regard in acting as the custodian of these values of freedom and democracy; in being fearless in its endeavours to hold the machinery of Government to account and unwaivering in pointing out the shortcomings to the executive.
We in this country have strongly adhered to the principles of good governance in implementing the prerequisites - the separation of the legislative, judicial and executive arms of Government, a free press, the protection of human rights and so on. Our Bill of Rights is the most progressive in the world.
But addressing first-generation rights such as these does not in isolation put food into the stomach of a child, give a roof to a homeless family, or protect the face of a battered wife. We must also focus on the role of the state in addressing basic needs by ensuring that the benefits of a democratic state are real to all. And this is part of our long walk - the walk, the journey to freedom and democracy that we must still walk.
Yes, there’s global recognition that the world is more democratic than ever before. But it is also globally recognised that the number of people slipping into poverty has increased. What value does democracy have in itself, if it is accompanied by hunger, disease and suffering? We must question this. We must explore and debate which particular models of democracy deliver effectively and rapidly.
And there’s a growing discomfort among developing nations about single applications of terms such as ``good governance’’. One single definition does not allow regional and local differences to be reflected, or for indigenous practices to be given due recognition. We cannot simply apply a one-size-fits-all solution to the range of challenges and circumstances facing different countries, different regions and different sectors. The United Nations Development Programme, in its study on capacity development recently released, notes, and I quote:
While the best global knowledge should be shared and put to use, developing countries in the end need policy choices that are based on their own development model. They need to be able to make decisions that can be nationally negotiated and agreed on in ways that seriously respect stakeholders’ rights.
As a member of the ANC I am filled with pride at what we have accomplished in the first 10 years of democracy. But we cannot be complacent while one child goes about with an empty stomach, while people still suffer the degradation of poverty and the indignity of being without work, while people are still subjected to racism and so on. We still need to walk the long journey to true freedom and democracy.
Our debate needs to extend to the nature of a development model most appropriate to South Africa - a complex nation that has emerged from decades of institutionalised oppression. Should we revise the model on which our state is constructed to address effectively our specific challenges of poverty and inequality, whilst enabling us to play an international role?
Should we revise the model that can deliver, in the words of the President in his state of the nation address last week:
… greater progress with regard to the integration of our system of governance, achieving seamless co-operation both within and among all spheres of government … [that can] consolidate the practice of creating public-private partnerships and building government-civil society co- operation, to ensure that we utilise our collective capacities to give further impetus to the overall development and transformation of our country.
Our democratic South African state has been fundamentally transformative in changing the legislative framework, addressing macroeconomic stability and eradicating institutionalised racism and inequity. We’ve intervened in instances of social need with social grants and subsidies, with relief to the most needy, and our role with regard to investment, public participation and local economic development has been facilitative.
We have drawn citizens directly into policy debates through our community forums, our imbizos and this House going out into the provinces and meeting with people at grass-roots level. Our parliamentary processes and our channels for comment and communication have facilitated that. At the heart of the debate which needs to inform our choices as we enter the second decade of democracy is: How do our institutions of state, and the various stakeholders that are involved, further develop a sense of the appropriate role of the state and the manner in which we engage in poverty reduction and addressing basic needs?
More than ever we live in a connected world. This places its own particular set of demands upon our resources - human and capital - as well as requiring us to be innovative and creative in seeking solutions to the problems that beset developing nations. But we are on a journey to freedom and democracy and we’re going to complete this journey. It’s fitting that Parliament takes the lead in stimulating discussion on such a critical topic, for it is Parliament that is the custodian of our freedom and our democracy, it is Parliament that holds the executive to account and it is Parliament that must ask the searching questions and ensure that Government fulfils its mandate in delivering to the people to build the better life that we promised in 1994.
I remain confident that, with the support of this House, the ANC will ensure that the flag of freedom and the torch of democracy fly higher and burn brighter over our land, our region and our continent, because the people do govern. Thank you. [Applause.]
Kgoshi M L MOKOENA: Thank you, Chairperson.
We, the people of South Africa, declare for all our country and the world to know: that South Africa belongs to all who live in it, black and white, and that no government can justly claim authority unless it is based on the will of all the people.
This uncontested and powerful message was issued by the People’s Congress at Kliptown on 26 June 1955. From that day the ANC never looked back. We set our own agenda. The aim was to free our people from the heavy chains of apartheid. Look where we are today.
Ten years ago, the 11th of February challenged all South African patriots and political organisations to define their role in the new South Africa. However, today we are presented with a new task, which is to judge ourselves and reflect on the strides made and challenges encountered in creating a better life for all in our first democratic decade.
We managed to achieve our goals, and the target we set to build one united and democratic South Africa has materialised. As we celebrate our first democratic decade, taking steps forward towards our second democratic decade and a third term of ANC democratic rule, we must assure all South Africans, both black and white, that the ANC Government is committed to fighting poverty and creating more job opportunities. That is what we call ``A people’s contract to create work and fight poverty’’.
During our first decade, amongst other things, we set out to establish laws that would protect the dignity of our people. These laws also included those affecting children, youth, women and people with disabilities, and there were other laws which were meant to shatter racist and sexist apartheid policies.
Last year the people’s Government introduced the Children’s Bill, whose objective is to ensure that no child is subjected to injustice, be it from the biological parents or whoever, and it also explains clearly the role that parents ought to play in the development process of the child.
We have gone further to ensure that poor families with children, war veterans and families taking care of children are beneficiaries of the social grants. A social grant or pension is no longer seen as a privilege but as a right. There was a time in this country in which only a section of the community received child support grants, to the total exclusion of the majority.
We have inherited a Public Service and a society with scarce skills. Human resource capital and skills development were addressed along racial lines. I do not think you still want me to remind the House of the kind of education that was introduced in 1953. Better and good education, as we all know, was reserved for a chosen few, but look at the situation today. I am happy to note that today we have a Public Service that is accountable, responsible, manageable, sensible and transformable. Of course, there are still those few individuals who want to be pushed like wheelbarrows. But we have moved, and we’re almost there.
As we inherited a corrupt and chaotic Public Service, we had to ensure that we uprooted the demon of corruption, and ensure that there was no one who enriched himself or herself through the Public Service. That is why we have a reliable Public Service Commission, anticorruption units and other bodies to deal with corrupt tendencies within the state. We are doing all this because we care.
Let us look at our judiciary. There was a time in this country when a black magistrate was not supposed to preside over a case in which the accused was white. A black police officer would not arrest a white person no matter how serious the crime was. Again, we have moved - all that is now history. The transformation of our judiciary is remarkable, thanks to the ANC Government.
We were able to establish institutions whose objective was to strengthen our democracy. We have the Gender Commission, the Public Protector, the Human Rights Commission, the Youth Commission, the Public Service Commission, the National Prosecuting Authority, an independent judiciary and many other institutions. These institutions are meant to support and defend our democracy, and to deal with specific matters. If there are people who cannot see the speed with which the ANC Government is moving, I think their IQs need to be tested.
The task of our Police Service is no longer fighting freedom fighters and destroying the liberation movements, but fighting crime and creating peace and stability. They are now able to deal with new democratic societal challenges and with global challenges. Our police officers are no longer seen by communities as enemies, but as partners in fighting crime. This partnership against crime has yielded a good output.
As we continue to better the lives of our people, let us join hands and reflect on what was said by the People’s Congress in 1955:
Let all people who love their people and their country now say, as we say here:
These freedoms we will fight for, side by side, throughout our lives, until we have won our liberty.
I have spoken. Thanks, Chairperson. [Applause.]
Mr N M RAJU: Chairperson, hon Minister, hon colleagues, it is indeed nauseating to reflect upon the dungeon days of apartheid and the plethora of abhorrent legislation that sought to subjugate people of colour and herd societies into ghettoes, and denied people their basic human rights and stripped them of their dignity. But the indomitable human spirit prevailed and 14 years ago to this day, the venerable Nelson Mandela emerged triumphantly from Victor Verster. And I cried. And you cried. [Interjections.] And grandmother and grandfather cried. And all South Africans cried with joy at the unfolding of the drama of triumph over evil, signifying the end of the denial of freedom and the arrival of the new democracy.
One cannot but recall that the same Mr Nelson Mandela, 28 years previously, stood in the dock in the Great Synagogue in Pretoria and uttered defiantly, in stoic defence of the liberation struggle, and I quote:
I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is the ideal which I hope to live for and achieve. But if needs be, it is an ideal for which I am prepared to die. There is no doubt that there have been many real achievements - piped water, electricity, health and education facilities to millions, especially in rural areas - and skilful management of the economy. Ten years of democracy is an achievement worth celebrating and even crowing about. [Interjections.] But can we ignore the huge potholes of failure along the road taken in the decade of freedom and democracy? [Interjections.] As we pause on the threshold of the next decade of further freedoms and deeper democracy we cannot wish away the malignant failures such as unemployment, Aids and of course the economic ruins of Zimbabwe. Aids and unemployment are wreaking destruction among the poor in our midst.
The President in his state of the nation address made scant reference to one of the major themes that have arrested the attention of media headlines
- the theme of HIV/Aids. One of the major blemishes on the ANC Government would be that a Constitutional Court order was needed to compel the Government to begin making available drugs meant to stop transmission of the virus from mother to child. For quite a considerable period the President and the Health Minister withdrew into a cocoon of denial regarding the provision of antiretrovirals.
Zimbabwe remains the Government’s biggest foreign policy albatross. [Interjections.] May I appeal to the Chair for protection?
The CHAIRPERSON OF THE NCOP: You may proceed.
Mr N M RAJU: We cannot celebrate freedom and democracy when our neighbours are brutally denied them. [Interjections.] We cannot share our freedom of speech and communication when our neighbours have their newspaper printing houses destroyed or locked and journalists put behind bars. [Interjections.] We cannot rejoice when our neighbours’ children sit at empty tables. [Interjections.]
One of the central themes that took centre stage during the dawn of freedom and democracy was reconciliation and reconstruction - the politics of accommodation and forgiveness, but not forgetfulness. Truth and reconciliation became the keys to unlock the infinite capacity of men and women to shed antagonistic attitudes and embrace one another across colour and ethnic lines as fellow South Africans. In the words of the venerable redeemer, the colossus of forgiveness and redemption, Nelson Mandela, and I quote:
We may never forget but we must forgive. To make peace with an enemy one must work with that enemy and that enemy becomes your partner.
And in the words of that brave and intrepid defender of the faith of Afrikaner hegemony, hon F W de Klerk, who stood before an impatient world and dared to bring the curtain down on the narrow parochial ideology of apartheid:
The simple, most important factor which became the driving force towards a totally new dispensation in South Africa was a fundamental change of heart. It was not a sudden change but a process - a process of introspection, of soul-searching, of repentance.
There is no doubt that South Africa has moved into the future with one big leap forward, developing the politics of forgiveness in a more sophisticated manner than any other country. It now needs to show how citizens can be empowered to join in that process at grass roots and help create a multifaith and multicultural society across all the former divisions. Only if it can begin to do this may it well become one of the key players in the 21st century.
Another important development in the political scheme of things was the attention given to gender equality. More and more South Africans began to appreciate the importance of treating women as equals, as equally powerful components as their male counterparts. The ANC Government must be applauded for their consistent elevation of women as Cabinet Ministers, Deputy Ministers and top managers in business and commerce. Why is there no noise? Over the years there has been a considerable international focus on strengthening the role of women in government. The Beijing Platform for example, hon Chair, states that without the active participation of women and the incorporation of women’s perspectives at all levels of decision- making the goals of equality, development and peace cannot be achieved. [Time expired.]
Mr M J BHENGU: Madam Chair, the 10 years of democracy in South Africa, I believe, mark the beginning of a long and turbulent journey to freedom and democracy. The journey to freedom and democracy is a process that takes decades. I believe that only our children’s children will enjoy the fruits of such freedom and democracy. Our task right now is to lay the foundation. The Batswana people would say it very nicely, namely that mahube a naka tsa kgomo [we are still at the beginning phase].
I thank God that I have been able to be part of this nation-building process. I know that having achieved the political kingdom does not necessarily mean that we have achieved and attained the economic kingdom. President Nyerere said, when he visited this country, that we had only taken the office, not yet the power, which tells you that between freedom and democracy lies power.
As a member of the IFP, looking back over the 10 years, I can rightly take pride in a long string of achievements. Our Government has completed an unprecedented reform of all our laws, ranging from the Constitution to most of the regulations implementing the hundreds of laws this Parliament has passed, to bring about beneficial change in almost all fields of social, economic and cultural activities within our society. If you look around in all our major cities, and in many rural areas, you can see how an enormous amount of physical development has taken place. I am very proud of that.
However, by the same token, we must agree quite positively that we still face enormous challenges. We are still the wretched of the earth, and the tears of our people, even though the sun shines beautifully over our land, are still flowing.
We need to face the challenges of unemployment and poverty. The image of squatter camps around our country, and the abject poverty in which our people live, leave much to be desired. Each of us in this Chamber drives past the squatter camps every time we move from the airport to this Parliament. One wonders how many of us really feel their hearts sinking and their guts twisting when we see such a display of horror and despair.
Only through employment will our people achieve equal dignity and freedom from the enslavement of poverty. A long-term strategy which addresses both the needs of the poor and the expectations of the rich has to be developed, otherwise our people will not understand us when we talk of freedom and democracy.
A really new South Africa must be built with the commitment and sacrifices of all, to make it a decent and prosperous place for all. I agree with Mr Saki Macozoma, as he was quoted in one of the newspapers recently, that the economy of this country is still largely in the hands of the white minority. Therefore, full, meaningful liberation will not be realised until our people are freed - both from economic oppression and from the dehumanising legacy of darkness, of the long years of colonialism and apartheid.
What the new light over our land must show right now is a nation, as our President usually says, ``busy creating a better life’’. Although we are still at the end of the beginning, I believe the indomitable human spirit will triumph. I thank you. [Applause.]
Mnr P A MATTHEE: Voorsitter, dit is met ‘n gevoel van groot dankbaarheid teenoor ons Hemelse Vader dat ek vandag vir ‘n oomblik terugkyk na daardie deel van die reis na vryheid en demokrasie wat ons reeds voltooi het, en waarvan ek die voorreg gehad het om deel te wees, en hulde bring aan daardie leiers wat ons weggelei het van die afgrond van ‘n vernietigende burgeroorlog, en ons saam op die reis geneem het na vryheid en demokrasie.
Ek verwys hier spesifiek na voormalige Presidente F W de Klerk en Nelson Mandela, wat vandag 14 jaar gelede vrygelaat is, maar ook na President Thabo Mbeki en Premier Marthinus van Schalkwyk wat by hulle die leisels oorgeneem het en ons verder gelei het op hierdie pad. (Translation of Afrikaans paragraphs follows.)
[Mr P A MATTHEE: Chairperson, today, with a feeling of the utmost gratitude to our Heavenly Father, I reflect for a moment on that part of the journey to freedom and democracy which we have already completed and of which I had the privilege to be a part, and pay tribute to those leaders who led us from the brink of a destructive civil war and who took us with them on the journey to freedom and democracy.
I refer here specifically to former Presidents F W de Klerk and Nelson Mandela, who was released 14 years ago today, but also to President Thabo Mbeki and Premier Marthinus van Schalkwyk who took over from them and led us further on this road.]
In his last speech to Parliament as President on 28 February 1994, former President De Klerk addressed, with due urgency, issues pertaining to a new constitution for a democratic, nonracial South Africa where minorities were assured of their protection in the new dispensation, and he concluded by referring to the fact that we had succeeded in bringing South Africa from the brink of catastrophe and conflict, and said:
We had succeeded in negotiating a transitional Constitution which can provide the basis for a prosperous and peaceful society, which guarantees greater rights and freedom, not only for those who previously did not have the vote, but for all South Africans.
Op 2 Februarie 2004, presies 14 jaar na sy epogmakende toespraak op 2 Februarie 1990, het voormalige President De Klerk weer ‘n rigtinggewende toespraak gemaak waartydens hy daarop wys dat ten spyte van die groot uitdagings wat ons steeds in die gesig staar ten opsigte van die lys van onopgeloste probleme waarvan ons almal bewus is, die positiewe van die nuwe Suid-Afrika by verre die huidige probleme oorskadu. Hy sê:
Dit was deur onderhandeling dat ons ‘n katastrofe in hierdie land afgewend het. Dit was omdat ons besluit het om met mekaar te praat en werklik te praat, om op te hou om op mekaar te skreeu, maar oorkant mekaar te gaan sit, as geswore vyande daardie tyd, en die waarheid op die tafel te sit …
Hy gaan voort:
En dit sal slegs deur onderhandeling en dialoog wees dat ons ‘n gesamentlike visie vir transformasie sal ontwikkel. Doen ons dit nie, dan sien ek vir Suid-Afrika ‘n donker pad van groeiende polarisasie, van hernieude rassespanning en van alles wat daarmee gepaard sal gaan.
Hy wys daarop dat aggressie en die ``fight back’’ pad die verkeerde pad is wat ons op die glybaan sal plaas terug na die ou Suid-Afrika. Hy gaan voort deur te sê: (Translation of Afrikaans paragraphs follows.)
[On 2 February 2004, exactly 14 years after his epoch-making speech on 2 February 1990, former President De Klerk again made a directional speech in which he pointed out that, in spite of tremendous challenges which still are facing us regarding the list of unsolved problems of which we all are aware, the positive far overshadows the current problems. He said:
Dit was deur onderhandeling dat ons ‘n katastrofe in hierdie land afgewend het. Dit was omdat ons besluit het om met mekaar te praat en werklik te praat, om op te hou om op mekaar te skreeu, maar oorkant mekaar te gaan sit, as geswore vyande daardie tyd, en die waarheid op die tafel te sit …
He continued: En dit sal slegs deur onderhandeling en dialoog wees dat ons ‘n gesamentlike visie vir transformasie sal ontwikkel. Doen ons dit nie, dan sien ek vir Suid-Afrika ‘n donker pad van groeiende polarisasie, van hernieude rassespanning en van alles wat daarmee gepaard sal gaan.
He pointed out that the road of aggression and ``fight back’’, is the wrong one, which will put us on a downward slide that will take us back to the old South Africa. He continues by saying:]
I welcome initiatives to return to a more inclusive model that will focus on the solution of the great challenges with which our country will have to wrestle during the coming decades, rather than on typical confrontation politics.
He gave his full and enthusiastic support to the co-operation agreement between the New NP and the ANC, and said:
I will vote for the New NP because I want to be represented by a party which can make a difference. And the stronger the New NP becomes, the greater that difference will be.
Hy sê [He says]:
Ek gaan vir die Nuwe NP stem omdat dit ‘n ware nie-rassige party is wat werklik omgee vir almal wat dit ondersteun; ongeag hulle ras of kleur. Dit is ‘n voorloper-party as dit kom by nie-rassigheid in Suid-Afrika.
I will vote for the New NP because I support its policies; also where it differs with the ANC on important issues. I will vote for the New NP because it puts South Africa first.
As Suid-Afrikaners wil ons graag ‘n toekoms van hoop skep vir ons en ons kinders. Ons kan egter alleen hierin slaag indien ons in die eerste plek bereid is om die werklikhede van Suid-Afrika vierkantig in die oë te kyk, en te verreken in al ons planne om daardie beter toekoms van hoop te skep. Wanneer ‘n mens daardie werklikhede verreken, kan geen denkende Suid- Afrikaner tog werklik glo dat ‘n wit-gedomineerde party regs van die ANC - soos die DA is - ooit daarin sal kan slaag om deur hulle aggressiewe en polariserende tipiese Westminster styl van opposisiepolitiek hierdie land te regeer nie.
Om hulself voor te hou as ‘n alternatiewe regering wat enige oplossings vir enige probleme of uitdagings van Suid-Afrika kan bied, is eenvoudig ‘n blatante leuen wat daarop gemik is om Suid-Afrikaners gruwelik te mislei. Hulle kan en sal eenvoudig nooit in enige posisie wees om enige van die menigte beloftes wat hulle nou maak uit te voer nie - al gebeur wat ook al.
Hulle weet dit, maar desnieteenstaande gaan hulle voort met hulle misleidingsplan. Om net een voorbeeld te noem: hulle kan nie, en sal nooit in ‘n posisie wees om een polisiebeampte te ontplooi nie, maar hulle gaan voort om in hul propaganda-advertensies te beloof dat hulle 150 000 polisiebeamptes in ons strate sal ontplooi teen 2007.
In skrille kontras hiermee is die koalisieregering tussen die Nuwe NP en die ANC in die Wes-Kaap, soos blyk uit Premier Marthinus van Schalkwyk se openingsrede op Maandag, tans besig om die aantal polisiebeamptes in die Wes-Kaap met die hulp van die nasionale regering van 12 000 tot 18 000 te vermeerder. Die aantal polisiebeamptes in die provinsie is reeds tot 16 000 vermeerder sedert die koalisieregering die bewind oorgeneem het aan die einde van 2001. Tans is hulle op koers om daardie getal tot 18 000 op te stoot teen die einde van hierdie jaar; met ander woorde ‘n toename van 50%.
Dit is dan waarom hulle daarin geslaag het om die veiligste feesseisoen in die Wes-Kaap te hê in ‘n dekade, met moord wat gedaal het met 34%, roof met 24% en totale misdaad wat gedaal het met 18,2%. Die feite spreek vir hulself. (Translation of Afrikaans paragraphs follows.)
[As South Africans, we would like to create a future of hope for ourselves and our children. However, we can only succeed in doing this if we are willing to look the realities of South Africa squarely in the eye and acknowledge them in all our plans to create that better future of hope. If we take those realities into account, no thinking South African can really believe that a white-dominated party to the right of the ANC - like the DA
- with their aggressive and polarising typical Westminster style of opposition politics, will ever succeed in governing this country.
To present themselves as an alternative government that offers any solutions to any problems or challenges of South Africa, is simply a blatant lie which is aimed at misleading South Africans horribly. They cannot and never will be in any position to realise any of the multitude of promises they are now making - no matter what happens.
They know this, but notwithstanding that, they continue with their plan of misleading people. To mention but one example: They cannot and will never be in a position to deploy a single police officer, but their propaganda advertisements continue to promise that they will deploy 150 000 police officers in the streets where we live by 2007.
In sharp contrast with this, the coalition government between the New NP and the ANC in the Western Cape, as is apparent from Premier Marthinus van Schalkwyk’s opening address on Monday, is currently busy, with the help of the national government, increasing the number of police officers in the Western Cape from 12 000 to 18 000. The number of police officers in the provinces has already been increased to 16 000 since the coalition government took over at the end of February 2001. Currently they are on course to push that number up to 18 000 by the end of this year; in other words, an increase of 50%.
That is why they succeeded experiencing the safest festive season in a decade, with murder declining by 34%, robbery by 24% and crime in total declining by 18,2%. The facts speak for themselves.] We are a diverse society emerging from a divided past. This brings with it huge challenges: The issue of reconciliation and nation-building, and joining the rich mosaic of our cultures, races, religions and languages into a united nation where the diversity is not experienced as a liability that needs to be managed, but rather cherished as a national asset that enriches our society.
The New NP has chosen to embrace the spirit of a new South Africanism and to join the hands of all communities in the pursuit of peace, prosperity and harmony amongst diverse cultures, races and religions that make up this dynamic South Africa.
The New NP and the ANC have undertaken to work together to create a future of hope for all, to strengthen the political centre of South African politics and to ensure that the future we deliver jointly will be experienced as an exciting, safe and secure future by each and every South African - be they black, white, coloured or Indian.
The minorities, in particular, have for the first time now been confronted with the stark choice between confrontational opposition with no hope of assuming power, where the polarising style can only lead to further isolation and marginalisation from the mainstream of South African society; or joining the New NP in taking hands with the majority, and being part of the decision-making processes so as to create a common future of hope for all, minorities and majority alike.
We can only walk this road together if we are able to bring about reconciliation in this country. We say, let us overcome our divided past. Let us embrace our common future together in the best interests of all our people. I thank you. [Applause.]
Nksz P C P MAJODINA: Sihlalo weekomiti, mandilibulele eli thuba lokuba ndithethe apha namhlanje.
Mnu Raju, apha kuseMzantsi Afrika. Xa uMongameli ethetha nesizwe soMzantsi Afrika akathethi nesizwe saseZimbabwe - qwaba! Kufuneka siwahloniphe amalungelo amanye amazwe kuba nathi siyafuna awethu amalungelo ahlonitshwe.
Singena kule ngxoxo-mpikiswano namhlanje, sinezivubeko, sineenduma ngenxa yokuba sasikhe saba zizicaka. Oomama nabantwana boMzantsi Afrika bathi ngeli xesha, ``siyekeni, asisafuni kuchukunyiswa emizimbeni ngoba saziva iinduma zorhulumente wangaphambili’’. Umzam’ omhle, uRhulumente we-ANC uwuzamile, ugqatso ulufezile. Abapheli ke ooTomasi abaza kufuna ukungcikiva bade baqiniseke ukuba eli nxeba liphuma igazi ngenene. Ewe kaloku, xa wawungazange wayazi intlupheko nokulamba, uthumela abaphandi ukuba baye kukubuzela ukuba abantu balamba njani na, uza kuyithetha le nto uyithethayo. Umahluko wawumkhulu, kodwa thina bantu babecinezelwe nababeyazi indlala, sithi umahluko mkhulu, inguqu ikhona eMzantsi Afrika.
Ukuphatha ilizwe ke asikuko ukuphatha ivenkile esispaza, ubone iswekile ingekho, ufake ityuwa. Sipheth’ ilizwe apha, sikhokel’ abantu. Iinkokeli zabantu zangena zingqawuza ePalamente ngo-1994, zize kukhokela, zingezanga kuphikisa.
UMgaqo-siseko uyabakhusela oomama. Sihleli sisithi siyazingca singabemi boMzantsi Afrika. Bayabhala abantu boMzantsi Afrika ngabakubonileyo, bangqine oko bakuvileyo, bekubonile ke phofu. Izibonelelo kubantwana ziyinto engazange yenzeka. Uthethile uMphathiswa apha. Abantwana babesakuba nezifo kuba babengondlekanga, kodwa namhlanje akukho namnye umntwana one ``Khwashiyoko’’, ngoba uRhulumente uyabondla. Bondle, Thabo Mbeki!
Bayangxola, bathi ungen’ uphuma elizweni. Ufanele ukungen’ uphuma elizweni, kuba ulungiselela esi sizwe. Bafuna imisebenzi. Baza kuyifumana njani imisebenzi abantu xa uhleli ngaphakathi? Bathi xa ehamba uMongameli, bathi abamazi ukuba uya phi na. Abazi kumazi ngoba kaloku bayahlutha apha ezindlwini zabo. [Uwelewele.]
Namhlanje, xa umntu waselalini eNtafufu, umntu wangaphaya eSterkspruit, eHeshele, evulela amanzi empompeni, ufumana kuyinto engazange yenzeke kwiminyaka elishumi edlulileyo. Namhlanje uyakwazi ukuba angathwali emele entloko. Umama namhlanje uyakwazi ukucofa umbane, angahambi aye kutheza iinkuni ehlathini. Loo nto ke yenziwe nguRhulumente obaziyo abantu, nguRhulumente onika oomama isidima, nguRhulumente obathandayo oomama. (Translation of isiXhosa paragraphs follows.)
[Ms P C P MAJODINA: Chairperson of Committees, thank for granting me this opportunity to speak here today.
Mr Raju, this is South Africa. When the hon President addresses us he is not addressing the people of Zimbabwe. That is all! It is also important that we should respect other countries’ rights, as we would like ours to be respected.
We begin this debate today as people with scars as we were once slaves. Women and children of South Africa are saying that they do not want to experience physical abuse like during the apartheid times. The ANC-led Government has accomplished a good cause. There will always be doubting Thomases that seek only to exploit until blood comes out. Indeed, if you never experienced poverty and hunger, and only sent researchers to find out about how poverty-stricken people were or are, you would say what you just said. There was discrimination and there existed a big difference between black people and white people, and we, as those that were oppressed, knew what hunger was. Yes, there is a big difference even now and that is because there is change in South Africa.
Governing a country is not like managing a spaza shop, where you can do things unsystemically sometimes. Power is in our hands and we are meant to govern, and lead people. When the leaders of our people came into this Parliament in 1994 they knew that they were coming to play a leadership role, and not to oppose.
The Constitution protects the rights of women. We always claim to be proud to be citizens of South Africa. South Africans write about their experiences. Child grants were never seen before. The Minister has presented his speech. Young children used to become very sick from malnutrition but today no child has been reported to be suffering from kwashiorkor because the Government feeds them. Feed them, Thabo Mbeki!
They say you spend little time attending to matters of the country. You have to go around the world because you are building relationships with other countries so as to help build our country. They want jobs. How will people get jobs if you remain in the country? When the hon President leaves the country, they say they do not know where he is going. They will never know because they never have to struggle and are not suffering in their homes. [Interjection.]
Today, people from Ntafufu, Sterkspruit and Herschel are among those to whom water is accessible; something that did not exist 10 years ago. Today most people do not have to balance water buckets on their heads. Today, my mother switches on the light and never has to fetch wood from the forest. That has been made possible by this Government - the Government that is committed to restoring the dignity of women; the Government that loves women.]
Eya he, ho tshwara mme ke ho tshwara thipa ka bohaleng. Rona ka nako ena ha re tshwane le mafura a thokolosi ao e tla reng ha o a tshela ka nokeng, metsi a nyoloha, ona a theohe. [Kena hanong.] (Translation of Sesotho paragraph follows.)
You touch a woman, you touch the blade of a sharp knife. We mean what we say. [Interjections.]]
Sihlalo, banento ethi siphinda into enye; sasithe amanzi, sasithe izindlu. Siza kuyiphinda nangoku, kuba asiguqu-guquki; Siyayazi into esiyifunayo siyi-ANC. Lo gama abantu bethu bengekawafumani bonke amanzi, siseza kuwaphinda amanzi, siseza kubanika izindlu oomama ukuze umama ahlale endlwini, abe nelungelo, athi ``apha kukwam, ngeli xesha’’. NguRhulumente ophetheyo lowo.
Kukho imithetho eyenziweyo ejongene noomama ngqo. Siyakwazi ukuma apha namhlanje singabambelanga bani, sime ngokuba singoomama, sinamalungelo okuma. I-ANC ke iyakhokela ngokubhekisele kuloo mba. Apha kweli lizwekazi iAfrika, eli lizwe liyakhokela ekubekeni oomama phambili, ukuze baziwe, banikwe isidima nesithozela abasifaneleyo ngoba kaloku oomama basisiseko selizwe ngalinye.
Kuya kufuneka ke ukuba umntu ofake izikhuseli-langa zamehlo azikhulule xa kunethayo, ngoba uya kungaboni. Siyahamba thina nale nqwelo, kwaye ayimanga. Iqhubela phambili inqwelo, inde. Sitsho nesihloko sithi, -``Yindlela ende eya enkululekweni’’. Singaphakathi kule nkululeko kwaye siyilwele. Incwadi yamaGalati, isahluko sesithandathu, ithi:
Yimani nithi ngxi, ningahexi enkululekweni yenu, ngoba niyilwele.
Namhlanje ke, Sihlalo, njengoko sixhamla apha, kukho abantu abathetha kamnandi bethetha utyhatyhiwe ngathi bakhwele emqolweni wehagu. [Kwahlekwa.]
Abantwana bethu bondlekile; abantwana bethu bahle; oomama bayathandwa; oomama baziva bekhuselekile ngenxa yemithetho ephunyezwe kule Ndlu. Abo ke bakude nokulawula ilizwe, ngxee torho!, kuba kuthetha abantu ukuze kuphathwe, kukhokelwa abantu ngumntu olandela inkqubo ethile. Ukuba ngaba awunayo inkqubo oyilandelayo awunakuze ubakhokele abantu. Ukuba ngaba awunayo inkqubo oyilandelayo uza kujonga umqulu wezithembiso zonyulo wabanye abantu ukuba uthini na, uyeke ukuthetha ngalo wakho.
Ewe, amatyotyombe, ukuba uthetha ngawo Mnu uRaju, ayinxalenye yezinye zezinto ezenziwe ngabantu ababenani ngaphambili. Abantu babengenalungelo lakusondela edolophini. Idolophu yaye iyeyabantu abamhlophe. Namhlanje, siyenzile indlela yokuba umntu ahlale nokuba kuphi na. Bafuna eziya ndawo nanizenze yazezenu, yiyo loo nto besondeza amatyotyombe abo.
Sinengxaki yokulawula amatyotyombe awakhiwa nini. Kambe ke, izindlu siyabanika abantu bakowethu, ngoba kaloku indlu sisidima kubantu bakowethu. Nokuba ezo nkokeli zenu zinganxiba ihempe enegqabi, nguZizi ophetheyo, nguKhongolose ophetheyo. Bathetha abantu boMzantsi Afrika, baza kuphinde bathethe. OoSambhuntsuntsu ke nezaphuselane azisayi kuhlala zingakhali.
Sihlalo, mandibulele. Ndiya ngokuba shushu ngoba ndisuka ezilalini. Ndithethela oomama ababengathathi ntweni, abakwaziyo ukuma namhlanje bathi, ``naku, ndiyakwazi ukuthenga ukutya. Abantwana bam bayaya esikolweni; abantwana bayatya esikolweni’’.
ILUNGU ELIHLONIPHEKILEYO: Malibongwe!
Nksz P C P MAJODINA: Kuthi ke loo nto ibingekhe ibe kho ukuba ngaba uKhongolose wayengekho. Ibingekhe ibekho ukuba ngaba abantu boMzantsi Afrika bebengayazi into abayifunayo. Ngenxa yokuba siyazi into esiyifunayo, namhlanje ke, Sihlalo, sithi siyixhasa ngokupheleleyo.
Xa ndigqibezela, Sihlalo, phaya ekhaya akuzange zibekho iirobhothi. Abantu bakuthi bayama, bayibukele le nto intle imana ivala, ivula. Abazange bayibone. [Kwahlekwa.] Loo nto ke luphuhliso oluzinzileyo nolungagungqiyo lwe-ANC. Ndiyabulela. [Kwaqhwatywa.] (Translation of isiXhosa paragraphs follows.)
[Chairperson, they say that we always say the same thing. We promised people water and houses. We are going to repeat that because we do not change at every opportunity. The ANC knows what it wants. If everyone does not yet have access to water and houses, we will continue mentioning water and adequate housing for women so that they can have places they can claim as their own. That is the commitment of the ANC-led Government.
Legislation is provided to protect women’s rights. Today, women can claim their rightful place and role in our country because that has been provided for by the Constitution. The ANC is a leading example where the emancipation and empowerment of women is concerned so that they can be treated with the dignity and respect they deserve because women are the foundation of each and every country. It will be important, therefore, that those who have sunglasses on should take them off, as they will not be able to see when it rains. We are moving forward; things are happening. The road ahead of us is long and we are not turning back. We are walking the long road to freedom. We fought for this freedom. The book of Galatians, Chapter 5:1 says:
Stand fast therefore in the liberty that Christ has granted us and be not entangled with the yoke of bondage.
Today, Chairperson, as we are enjoying our freedom, there are people who speak as they wish as though they were “riding a pig”. [Laughter.]
Our children are well fed because they are well looked after by our Government. They look beautiful. Women feel that they are loved. They feel safe and protected, and that is being safeguarded by the Constitution and legislation that has been passed by this House. To those that are in opposition to our Government we say, ``Sorry!’’ People are governed and ruled by a person who follows a certain rule himself. If you do not have a plan and a programme of action, you can never be able to lead people. You will only criticise other people’s manifestos, and not follow yours.
Indeed, the informal settlements you are talking about, Mr Raju, are part of the things that were created by people you used to work with before. People did not have the right to come near the cities. The cities and towns were reserved for white people. Today a person can choose to live where they want. People want to be close to the areas that you reserved for yourselves; that is why they build their shacks near your ``areas’’.
We have a problem controlling the spiralling of these informal settlements that you created. However, we have a standing commitment to provide adequate housing to our people because that, to people, helps restore their dignity. You and your leaders may wear and boast the most expensive clothes, but our leader is the son of the amaZizi clan. The ANC rules. The South African people spoke. They are going to speak again. The opposition will always have something to say in opposition.
I would like to thank you, Chairperson, for this opportunity. I am becoming heated because I come directly from the rural areas. I speak on behalf of women who used to have nothing, but who today are able to buy food for themselves. Their children attend school. Their children are being provided with food at school.
An HON MEMBER: Praise!
Ms P C P MAJODINA: That could never be the case if the ANC was not in power. That could never be the case if South Africans did not know what they wanted. Because we know exactly what we want, Chairperson, we fully support it.
In conclusion, Chairperson, there were no robots where I come from. Our people look at them and say they look wonderful because they never saw them before. [Laughter.] That is sustainable development by the ANC. I thank you. [Applause.]]
Mr K D S DURR: Madam Chair, I see the election has begun in earnest, when I listen to the hon member. [Interjections.] If anybody wanted to know whether it had begun, he or she just had to listen to that speech.
But when did this journey that we are talking about begin? Did it begin in 1994 or did it begin with Mr De Klerk? Did it begin with the Republic in 1961, the Act of Union in 1909, the founding of the ANC in 1912? Well, of course all these events contributed to the progress of our nation, in one way or another. The struggle of man to elevate and enable himself is as old as time itself, and our Constitution, essentially, is a product, in fact, of the reformation.
The Greek model of democracy, which we talk about, became deeply flawed. The great historian Edward Gibbon wrote, and I quote him:
The Athenians finally wanted not to give to society, but for society to give to them. The freedom they wanted was freedom from responsibility. Then Athens ceased to be free. In the end, more than they wanted freedom, they wanted security, they wanted a comfortable life and they lost it all: security, comfort and freedom.
And they practised slavery.
Does it sound familiar, Madam Chair? Are there not people in South Africa today who would swop our hard-fought-for liberty for security and comfort? Are there not people now who want to taste the fruits of government, but want to do nothing to plant that fruit or to water the tree of liberty?
We must pause, we must celebrate; it’s proper that we do. We have much to be grateful for, but we need to look back and face the realities. George Washington said:
Government is not reason, it is force; like fire, it is a dangerous servant and a fearful master.
The great Thomas Jefferson wrote: ``Eternal vigilance is the price of liberty.’’ And we need to remember that.
That is why it is good that we celebrate 10 years of full universal suffrage and democracy on the eve of an election. Because it is the promise and reality of an election that is the constant reminder that we are free and that our power is not a right, but a privilege. Power in a democracy is not inherited, but support earned.
Elections are a constant promise that society retains the option for change or censure. So what we celebrate is not 10 years of ANC rule and government, but equally, 10 years of freedom from government. The real test of our Constitution and democracy, of course, will come when the people of South Africa want, one day, a change of government and vote accordingly. This election itself is the celebration, not the result of the election, and the victor in our system must not be the majority only, but the minority also; not only the strong, but the weak and the vulnerable.
Civilisations are judged not on how majorities look after themselves, but on how great societies govern with fairness, equity and justice, also in the interests of minorities. We have much to be proud of, but what has eluded South Africa is true unity.
I want to say we must celebrate, Madam Chair, but we must not celebrate selectively. By doing that we devalue our democracy and we trivialise and politicise a great period in our history, when great South Africans did great things, and the nation of South Africa, together, responded magnificently to an enormous opportunity and achievement.
We have our friend there, the hon Majodina, who said: Who turned the tap
on?'' Well, I say to you: Who built the dam from which the water came so
that you could turn the tap on? [Interjections.] They say:
Who turned the
light on?’’ I say: Who built the power station? [Interjections.]
You see, I’m not arguing that. I’m just saying that you cannot argue selectively. One has to rise above that. [Interjections.]
This is a magnificent time in our history. We must celebrate, but not with a sense of triumphalism but with a sense of gratitude and humility. [Time expired]
Mr V V Z WINDVOЁL: Thank you, Chairperson, for the opportunity. I couldn’t hear anything after the moving speech of the hon Majodina, just a few noises except for the last question - who built the dam and the power station? The answer is simple. It was the black workers of this country, who were exploited. [Applause.] If we had had time as the ANC we could have built more dams and power stations which would be better than the ones we have.
Hon Chairperson, Mr Bhengu raised a concern that when he drives to Parliament he sees some shacks. It’s unfortunate that he just shot and ran away. It’s only cowards who do that. If you are a soldier you must shoot and wait to see whether your target falls down or not. However, we must respond because we should not give a wrong impression to the public.
I think, as Mr Bhengu sees those shacks there, he must celebrate that the people are coming back to the land from which they were inhumanely, forcefully, and violently removed. He must celebrate that there is no longer influx control - section 10 - which prevents them from coming back. He must celebrate that they come back into the caring hands of the ANC council in Cape Town which is in partnership with the New NP to provide them with decent low-cost housing, which will bring back their dignity.
He must also celebrate that today, as we speak, the people of District Six are coming back home. He forgets that the world icon, Comrade Nelson Mandela, only had his first vote when he was 74 years old. If his 27 years had not been wasted in jail, we could have done better than what we have.
Mgcinisihlalo lohlon, Ndvuna Fraser-Moleketi, kanye nemalunga lahlon eMkhandlu waVelonkhe, kuyintfokoto kutsi, njengalomunye wetishoshovu letatilwela lenkhululeko, nami ngibe yincenye yalenkhulumomphikiswano ngenkhululeko kanye nangembuso wentsandvo yelinyenti. Ngiva ngitigcabha kutsi nginelilungelo lekutsi ngikhulume ngeSiswati ekhatsi ePhalamende lekhululekile. Maye kumnandzi kukhululeka eNingizimu Afrika! (Translation of Siswati paragraph follows.)
[Hon Chairperson, Minister Fraser-Moleketi, and hon members of the NCOP, it is a great pleasure for me that, as one of the people who struggled so hard for independence, I am part of this free debate and the democratic Government. I feel very proud that I have a right to speak Siswati inside this free Parliament. Oh, it feels so magnificent to be free in South Africa!]
The late President of the ANC, Chief Albert Luthuli, in 1961 at the Nobel Lecture said:
Apartheid survives because those who sponsor it profit from it. They provide moral whitewash for the conditions which exist in the country for the fact that the country is ruled exclusively by a white government, elected by an exclusively white electorate which is a privileged minority; for the fact that 87% of land and all best agricultural land within reach of town, market and railways is reserved for white ownership and occupation and now through the recent Group Areas Act, nonwhites are losing more land to white greed …
Furthermore, the late President of the ANC, Oliver Tambo, also had this to say:
The true patriots of South Africa, for whom I speak, will not be satisfied with anything less than direct individual adult suffrage and the right to stand for and be elected to all organs of government. In economic matters, we will be satisfied with nothing less than equality of opportunity in every sphere, and the enjoyment by all of those heritages which form the resources of the country which, up to now, have been appropriated on a racial ``whites only’’ basis. In culture, we will be satisfied with nothing less than the opening of all doors of learning to non-segregatory institutions on the sole criterion of ability.
Today, Chairperson, as we celebrate 10 years of freedom and democracy, we need to pay tribute to these gallant fighters of our movement. This freedom didn’t come on a silver plate. It is a result of struggle and sacrifice led by the ANC. Hence we now have an opportunity to chart our future together.
On 28 February 1994, in his last speech to the apartheid parliament, former President F W De Klerk said:
During the past four years, we have succeeded in bringing South Africa back from the brink of catastrophe. Our society was deeply divided. We were on the brink of conflict. Our country was ostracised and isolated. Our economy was in a hopeless downward spiral.
He went on further to say in conclusion, ``When we awake on 29 April, we will be more free than we have ever been before.’’
Loko kwashiwo iminyaka lelishumi leyendlulile. Lamuhla sigubha iminyaka lelishumi yenchubekela phambili kanye nekuthula ngaphansi kwembuso we-ANC. [That was said 10 years ago. Today we are celebrating 10 years of peace and prosperity, under the leadership of the ANC-led Government.]
``After ten years of freedom, South Africans occupy a prime place at the table of nations where we eat never only on our behalf.’’ Those are the words of Comrade President Thabo Mbeki. He further continues and says:
Our finances are sound and highly praised internationally. Public accountability exists as never before. Our media are free to the point of excess. People are moving to our shores in great numbers whether as tourists, business, professional people or returnees.
Truly speaking, South Africa has never been a better governed and managed country than under the ANC leadership working in partnership with the people. Even the DA’s Colin Wells Eglin agrees, with his 33 years of experience in Parliament in which he belonged to six parties, from the UP to the current DA. He has also served under seven presidents from J G Strydom up till the current President, His Excellency, T M Mbeki. He said:
There is more access to Bills. This gives the opposition a lot more access and power to change legislation.
He only complains that: ``There is very little publicity for the opposition.” [Laughter.] Who can do better than that?
Some people say that South Africa deserves better. In a record time of 10 years, the ANC has acquired skills and the ability to manage the economy better than ever before. We are all in agreement that there has never been a better Minister of Finance than the hon Comrade Trevor Manuel. Who can do better than him? You can take all the members of the DA into account, but none of them can do that. [Applause.]
As we speak today, Government is running a low debt and is therefore able to increase service delivery on education, health, housing, social grants and other services. The question is: Who can do better than that?
The Government has, under the leadership of President Thabo Mbeki, amplified its relations, interventions and assistance with African countries and of course with other countries abroad. The question is: Who can do better than that?
Hon Chairperson, just imagine, if you woke up one day and found that the hon Tony Leon was the president. What would happen to our economy? [Interjections.] People would cry, hon Raju, not out of joy but out of sadness. Bantfu bangakhala. [People would cry]. Just ask yourselves how many Harksens would flock back to the country, whether from Germany or other countries. The response is that people would cry, not out of joy but out of sadness.
With his cowboy tactics, as if he comes from Texas, Zimbabwe may be attacked under the pretext of having weapons of mass destruction. [Interjections.] And people would cry, not out of joy but out of sadness. What may happen to land restitution and reform is that these would be banned concepts in the country and people would cry, not out of joy but out of sadness.
I, however, together with millions of fellow South Africans, sleep peacefully knowing that our beloved country is in the caring hands of the ANC. If there is anything that South Africa deserves better, it is a better and constructive official opposition with a vision rather than individualistic missions. The ANC lives and leads a people’s contract for a better South Africa. I thank you. [Applause.]
The MINISTER FOR THE PUBLIC SERVICE AND ADMINISTRATION: Chairperson, I think it has been quite an opportunity this afternoon to engage in such a very important debate, a debate where we reflect on the journey to freedom and democracy. I thought I would use this opportunity in the response to start off by sharing an experience. And I will then go into some of the responses.
It was 31 July 1981, when, in Ashdown Park, Harare, just after midnight, two young people, respectively aged 20 and 23, found the body of the then chief representative of the ANC, Joe Gqabi, in a car outside the house. He had 22 bullets shot into his body. Uzi machine guns were used to kill him that night. They expected, it appears, to kill three people, but they only assassinated one. This was a South African - a leader of the South Africa people, killed by a South African unit that was sent into a neighbouring country, in order to try to stop the journey to freedom and democracy. I raise this today because I think that our journey to freedom and democracy is not just about the journey for ourselves. It’s a journey for our people, our children, our grandchildren and for the ones who are yet to be born.
There are many who came before and who were wrenched away from us under the most terrible circumstances. Joe Gqabi, left a relatively young wife. Now that I am 43, I can say she was young then. At that time, I thought she was not so young. But he also left young children and a grandchild at that point in time, a grandchild that was never to know the love of a grandfather. Joe Gqabi is one of many South Africans who sacrificed their lives. Today as we speak about our journey to freedom and democracy, and the one that we still intend to walk, we don’t only remember Joe Gqabi, we also remember Katryn Schoon, Jenny Schoon and many other South Africans.
There are South Africans who died on both sides of the divide. There are those who were part of the South African Defence Force at that time. There are those who served as askaris and in different ways. This is part of our history, our journey and of the trauma that is there in South African society. We need to rise above that and walk this path. As we walked this path - our journey to freedom and democracy - we did not do it for ourselves only. We did it for the South African people, our communities; we do it for our children, our grandchildren and for the beautiful ones who are yet to be born. We have a responsibility. As we have this responsibility, we need to look at how we engage.
We can trivialise the 10 years of a journey that has been walked and that we want to deepen. We can say that everything or nothing has happened. But we have a responsibility to the grandchildren, the children and the beautiful ones yet to be born, because we want them to grow up in country that belongs to everyone. We want our kids to grow up, free of the fetters and shackles of racism and discrimination and free of the fear of want and poverty. But to do that, we need to come together in a common contract where we say that all South Africans must contribute to make this journey happen.
Kgoshi Mokoena earlier reminded us that the Freedom Charter says that South Africa belongs to all who live in it, black and white, and that no government can justly claim authority, unless it is based on the will of the people. And I challenge every South African, from any political party and from any part of the South African spectrum, to say that this is incorrect. Because I do believe - we do believe - that South Africa belongs to all who live in it. But we must make that a reality. We need to ensure that we realise it in every way whatsoever. We must make use of all institutions, instruments of the state and everything available to us to make this happen.
We reflect on what we have achieved. We still have a long road to walk. There is no question about it. We have not achieved everything. But then given a decade in the life of a nation that has been subjected to such extreme laws, that has gone through the kind of history we have gone through, that has been so divided, would we really imagine that we could overcome these differences in 10 years? If we would, then we would be mere dreamers. South Africans are realists. As Africans, we are realistic. We are going to walk this path in a way that is going to say that it is difficult, but we will make it happen.
We still need to come to terms with the trauma that is there in our society. There are those who have slogans that say that we can solve problems easily. What kind of magic wand is there, that can make it happen? It is not possible. Let’s not mislead our people. Let’s not even try to do that.
Some hon members, like hon Raju, at instances clearly indicated that we need to listen and hear, not selectively look at issues. He called Aids a theme. I never considered Aids to be a theme. But Raju also tries to suggest that the building blocks that were put in place, according to him, were not there. Let’s not deny what happened. If there is anything that we should say, we can do the following better, but let’s not pretend as if nothing happened. When we are in the legislative arm of governance as a whole, let’s not say that the following had to happen and with glee say the judiciary enforced it. What does that suggest? Do we want a country where the judiciary will determine policies and their implementation? There is something wrong with that.
I think that we need to go back and reflect. Let’s look at the separation of powers. Let’s look at the role of the various arms and reflect on whether, in what has happened over the past 10 years, the steps were always right. It cannot be correct that we pass by decree, or through the judiciary, the effecting of the implementation of certain programmes. Something is very wrong with that, and we need to ask the questions as the legislature. We should not be blind to it. Let’s not look at it and say there were no programmes. We know that there is a five-year programme that was there from the side of Government. As the Government rolls out an aspect of the treatment programme, because it is comprehensive, we say we need to do it in a responsible way because we must have the infrastructure to roll it out.
The very people who shout and say ``do more’’ are the people who on the next day will say that the infrastructure is not good enough. Let’s be clear about what we really want. Let’s ensure that when we roll it out, the burden is carried by the implementation arm and not by the population. Let’s not have the programme unfold and then say we don’t have the resources to sustain it. This Government will not roll out in an unsustained way. Our policies have always been so focused.
In terms of some of the other issues raised, it seems as if the hon Bhengu somehow has a magic wand for the economy. Let’s hear that. Let’s hear where this amazing growth is going to come from, that is going to solve the problems. I think we should look at it. What I think we all agree with and agree on, is that we are facing enormous challenges, but together we are going to resolve that. That’s why we are here in this House. That’s why we stood to be elected representatives of the people of South Africa. We were willing to take on the challenges, not because we thought we would make magic. Let’s leave it to those who can make it. But maybe hon Bhengu can do that. I must be careful. I should not venture into an area of which I may not know sufficient - that of magic, myth and so on. [Laughter.]
I want to agree with the rest of the members. I think actually everyone said this in some way, even if it was grudgingly. We may not agree with where the journey started …
Ons mag nie almal saamstem waar hierdie reis begin het nie. [We may not all agree about where the journey began.]
But indeed we agree that we are on a journey that started way back. We also agree that there were men and women who played an outstanding role in making this journey a reality, who have handed over the baton to us and said that we must continue and have the stamina to do so. I think we all agree on this. Let us take the responsibility to do it in a manner in which we do not deny reality and facts.
Hon Durr, I agree with you. Let’s not honour selectively. At the same time, let’s not be selective when we use the term ``honour selectively’’. Let’s ensure that we celebrate all and build together. For us to deepen this journey to freedom and democracy, we need to ensure that we overcome in a real sense the evils of racism that are still there in our society. We need to overcome the inequalities that are still there in South African society. Let’s say that together we have walked a long way, somewhat of a way, but there are still huge challenges in terms of eradicating poverty. We are going to contribute together to enhance the economic growth trajectory. We are going to deal with the challenge to overcome the trauma that is there in South African society. We will ensure that every child is our child and that we are part of the global village. We are part of Africa and we won’t engage in Africa selectively as we choose.
As some members behind me said, Zimbabwe is not a tenth province. It cannot be a tenth province of South Africa. As we engage and have an interest in Zimbabwe, let’s also have an interest in the Democratic Republic of Congo, Liberia, Sierra Leone, and in Africa because it is our region and our continent. We used to sing about Africa and we still do. We are all Africans. We are a diverse people. We celebrate our diversity of language, culture and religion, and of just being a proud people. Let’s remember that we do this not for ourselves, but for our grandchildren, our children and for the beautiful ones who are yet to be born. When they are born in this country of ours on this continent of ours, they should say: ``Indeed, we merely loaned to our ancestors this land of ours, and they have given it back to us in an even better state than they found it.’’ I thank you. [Applause.]
The CHAIRPERSON OF COMMITTEES: Hon Minister, thank you very much for the inspiring debate. Yes, Mr Durr, I did hear you saying that the ANC was …
Mr K D S DURR: [Inaudible.]
The CHAIRPERSON OF COMMITTEES: I heard you battling with the years. I’ve never heard of a year called 19-1912.
Mr K D S DURR: Madam Chair, are you participating in the debate or are you the Chairman of the debate?
The CHAIRPERSON OF COMMITTEES: I want to thank the hon Minister and the members who contributed to this debate. Yes, we are on a journey that is going to take us to where we want to be. If we work together as a team we will reach our destination. Thank you very much, hon Minister.
Debate concluded.
NATIONAL ENVIRONMENTAL MANAGEMENT: BIODIVERSITY BILL
(Consideration of Bill and of Report thereon)
Rev P MOATSHE: Chairperson, hon members, having listened to a challenging topic - ``A journey to freedom and democracy’’ - allow me to lay another brick in this important wall as we build on this journey.
The Bill before us today seeks to provide for the effective and efficient management and conservation of our country’s biodiversity within the framework of the National Environmental Management Act of 1998, amongst other things.
In our quest for our mission and vision, that is to work towards the goal of a better life for all and to ensure that our country grows through sustainable development to the benefit of all its people, this piece of legislation serves as one of the pillars in fulfilling such goals and ensuring achievement of those noble objectives.
It would be noted that the Genetically Modified Organisms Act of 1997 does not deal adequately with the obligations as clearly outlined in the Cartagena Protocol. Therefore section 76A was introduced in this Bill to ensure our country’s compliance with its obligations in terms of the Cartagena Protocol.
The aforementioned section, section 76A, also empowers our Minister to recommend to the permit-issuing authority not to issue a permit for the release, for whatever purpose, of a genetically modified organism into the environment, if it is suspected that it poses a threat to any indigenous species or the environment, unless and until an environmental assessment has been conducted in accordance with the stipulations of the Act.
It is therefore our firm belief that this important section, section 78(1), ensures that our country, as one of the original signatories to the Cartagena Protocol, adheres to the spirit and letter of the protocol in so far as genetically modified organisms are concerned.
This Bill also proposes the establishment of the SA National Biodiversity Institute, which will, amongst other things, monitor the status of the Republic’s biodiversity, monitor the conservation status of all listed or protected species and listed ecosystems, and also monitor the status of all listed and invasive species and report on all of them to the Minister.
The same institute will also advise the Minister on any matter regulated in terms of this Bill, inclusive of the management and conservation of biological diversity, the sustainable use of indigenous biological resources, etc.
The institute, established as a juristic person, will have general powers, which will influence and enable its effective and efficient running and the fulfilment of its expectations and requirements.
In line with our principles of democracy, wide consultation has been done in relation to this Bill and the response of such consultation was positive, which implies that the Bill was widely supported.
In conclusion, the introduction of the National Environmental Management: Biodiversity Bill for our consideration is welcomed and supported heartily. I thank you. [Applause.]
Debate concluded.
The CHAIRPERSON OF COMMITTEES: Order! I shall now put the question. The question is that the Bill be agreed to. As the 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. Are all delegation heads present in the House? Yes.
In accordance with Rule 71 I shall now first allow provinces the opportunity to make their declarations of vote if they so wish.
We shall now proceed to the voting on the question. I shall do this in alphabetical order per province. Delegation heads must please indicate to the Chair whether they vote in favour of, or against, or abstain from voting. Eastern Cape?
Ms B N DLULANE: Eastern Cape supports. The CHAIRPERSON OF COMMITTEES: Free State?
Mr T S SETONA: Free State supports.
The CHAIRPERSON OF COMMITTEES: Gauteng?
Ms D M RAMODIBE: Gauteng supports.
The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?
Ms B THOMSON: In favour.
The CHAIRPERSON OF COMMITTEES: Limpopo?
Kgoshi M L MOKOENA: Re a dumela. [We support.]
The CHAIRPERSON OF COMMITTEES: Mpumalanga?
Mr V V Z WINDVOЁL: Ke wa rona. [We support.]
The CHAIRPERSON OF COMMITTEES: Northern Cape?
Mrs E N LUBIDLA: Northern Cape supports.
The CHAIRPERSON OF COMMITTEES: North West?
Mr Z S KOLWENI: Ke wa rona. [We support.]
The CHAIRPERSON OF COMMITTEES: Western Cape?
Oh, I see we do not have the ninth province in the House, but eight provinces have voted in favour. I therefore declare the Bill agreed to. [Applause.]
Bill accordingly agreed to in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON LAND AND ENVIRONMENTAL
AFFAIRS - ANNUAL REPORT
Mr V V Z WINDVOЁL: Hon Chairperson and hon members, as we tabled this report for consideration and adoption, it was interesting and fulfilling to note, with enthusiasm, that there are members of the various political persuasions committed to the ideal of working towards the goal of a better life for all, in pursuance of the growth of the country for the benefit of all its people. By that, we have all enjoyed the possibility created in 1994 for us to work together practically to construct a society that cares, with all the expectations and requirements placed on our shoulders by our various constituencies.
In the report tabled before us today, members will note that not all the funds allocated to the select committee were used. This was because of the fact that the select committee, owing to a lot of legislation work it had to consider, was not in a position to undertake most oversight trips. Furthermore, owing to the fact that the committee deals with a cluster of departments, time is severely constrained. Of course, other oversight trips were not approved.
We hope these concerns will be noted so that a repetition of the things I have alluded to above is avoided in future. This, if attended to, will enhance the effectiveness and efficiency of the committee and thereby result in rapid service delivery to our people and the communities we represent. In spite of the fact that some annual reports were not scrutinised and that intended quarterly briefings from the Department of Land Affairs did not materialise in the short term, the committee covered most of the work set out in the programme for the year.
The feeling amongst committee members is that, in line with transparency and accountability, the committee should issue press statements on pertinent issues relating to the activities in the committee. During the period under review the committee dealt with and considered 11 Bills, five international agreements and protocols, institutional oversight work, national visits and international visits, amongst some of its responsibilities.
In conclusion, the report of the select committee is tabled for adoption. I thank you. [Applause.]
Debate concluded.
The CHAIRPERSON OF COMMITTEES: I’m not sure if the Western Cape has decided to move out of the House. [Interjections.] We will come to this report at the end of the day.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON EDUCATION AND RECREATION - ANNUAL REPORT
Mr D M KGWARE: Thank you, Chairperson. The report has been adopted at committee level, and before one could, perhaps, make some comments, I’d just like to acknowledge the support and the participation of committee members. I think they need to be commended on that. Also, the co-operation that one has received from the members of the committee, debating issues without any fear and putting their minds up there, is a sign of healthiness, and one would like to commend that.
However, then let me say that, out of the 12 pages that I have here, I will be selective. There is a lot to say and we could have gone on very lengthily, to speak on the report itself. However, I will just highlight a few things. I’m honoured to be called upon to report to the House against the backdrop of significant developments that have been taking place over the past year in education, arts and culture, sport and recreation, and science and technology in our country, due to the participation of the select committee.
I must also indicate that, as many of our leaders of Government have been called to task to respond to the developments and achievements that have taken place over the last 10 years of democracy in our country, I would like to take this opportunity to highlight a few of these with regard to education, arts and culture, sport and recreation, and science and technology.
The committee on sport, recreation, arts and culture, science and technology was tasked with a formidable mission to ensure that the NCOP is sensitive to provincial interests. Among the core objectives were to stimulate nature, protect the arts and culture of this country and focus on institutional capacity, gender policies, moral regeneration and linguistic diversity in order to allow South Africans to participate fully in social, political and/or economic life.
With regard to legislation, the committee was party to the formulation, debating and passing of the Natural Scientific Professions Bill, B 56-2002, the Education Laws Amendment Bill, B 38B-2003, and the Higher Education Amendment Bill, B 36-2003.
With regard to international protocols, I’m proud to announce to the House that the committee has been part of the President’s call on strengthening our link and contribution to the African continent, by agreeing on the ratification of the SADC Protocol on Culture, Information and Sport. Let me indicate that this protocol commits us to ensuring that culture plays a significant role in the economic development of the SADC region.
With regard to oversight, I am proud to announce that the committee has been successful in getting the various relevant departments on board in reporting specific issues that concern our nation. The committee had briefings by the Department of Arts, Culture, Science and Technology, and the Department of Education on various issues, including their annual reports. We also had a briefing by PanSALB on the private member’s legislative proposal language Bill by the SA Human Rights Commission on their fourth Economic and Social Rights Report, and by the CSIR on their annual report.
As the law-making institution in the Republic, it is very important that we do a follow-up to see if the provinces implement the laws and policies that Parliament makes, and the challenges and developments thereof. In this regard, although we did not go to all the nine provinces, one major thing is that we conducted a study tour to the KwaZulu-Natal province, and I would like to indicate to the House that I think this is one of the best visits ever, presented by the NCOP, on the side of education, because we actually went to the heartland of KwaZulu-Natal, right up to Ulundi. We trotted deep down there, and we saw whatever there was to see. The report on this, which comes from the committee, is available. We could debate it at some stage, but you should pick it up.
With regard to overview, let me indicate that, as a committee, we are also faced with the acid test of the legitimising of the programmes we elaborate, the government institutions we create, the legislation we adopt and whether they serve their established objectives.
We have raised that, whilst we are processing and going forward, there are a number of other things that we still have to discuss, and that we can discuss. We have made that recommendation in the actual report, as some of the few things that we can pick up and build on. It also depends on how we relate in terms of oversight. There’s a rotational kind of programme, so that each and every committee gets an equal share in terms of oversight visits.
I am proud to announce that, through our interaction with the provinces, we have experienced and witnessed the positive change in our country. The people of this country are starting to reap the fruits of freedom.
Responding to general investments in education, sport and recreation, science and technology, in almost all of the 10 years of our democracy, education, I think we would all agree, is one of our best and most practical means for advancing the frontiers of human fulfilment and human freedom for a sustainable future in our country.
With regard to sport and recreation, I concede with the Minister of Sport and Recreation that, although we need to build an environment of stability, that is a prerequisite for achieving success in our country’s sporting codes. Let me indicate that much of the first decade of our democracy was spent in laying the basis for equity in sport, with the main focus being on accessibility and opportunities for all South Africans. I must say that this we have achieved, as a Government of the people of this country.
Our Government inherited a situation in which the majority of the people, especially the black population, had access to virtually nothing, while small minorities thrived on resources provided by our discriminatory state.
With regard to science and technology, the United Nations places South Africa in position 39 in the area of information and technology, ahead of Thailand and India in position 63. Let me also indicate that, out of a total of 162 countries, South Africa is ranked in position 39, in terms of technological achievement. This positions us as dynamic technology adopters.
In arts and culture, I’m proud to say that the Government has continued, tirelessly, to consolidate the role of arts and culture in South African society. There is a strong awareness of the need to intensify efforts to strengthen the country’s cultural role.
In this regard, let me mention that the Parliamentary Conference on Multilingualism has been scheduled for 23 February, which indicates to the members that …
The CHAIRPERSON OF COMMITTEES: In conclusion?
Mr D M KGWARE: Thank you, Chairperson. [Time expired.] [Applause.]
Debate concluded.
CONSIDERATION OF REPORT OF AD HOC COMMITTEE ON INTERVENTION IN THE LEKWA TEEMANE LOCAL MUNICIPALITY IN TERMS OF SECTION 139(1)(c) OF THE CONSTITUTION
Mr B J MKHALIPHI: Hon Chairperson, hon colleagues, the ad hoc committee established by the National Council of Provinces in terms of Rule 160(1)(b), having considered the application for approval of an intervention made in accordance with section 139(1)(c) of the Constitution, as submitted by the provincial government of the North West province, into the affairs of the Lekwa Teemane local municipality referred to it, reports as follows. The Lekwa Teemane local municipality has since its establishment in December 2000 been struggling to maintain financial stability. This is as a result of political instability and institutional problems in the municipality which have resulted in poor financial planning and management. The department of local government and housing in the North West province had, in terms of section 105 of the Municipal Systems Act of 2000, put in place a monitoring and supporting system at the municipality in order to address some of the municipal problems. However, these measures were not successful because of political instability and the inability of the council to meet and take the necessary decisions.
The municipality consists of two major towns, namely Christiana and Bloemhof, which are bordered by townships and farms. The municipality has since embarked on an amalgamation process of the two towns, surrounding townships and farms, but has not succeeded - except for the finance unit which is also still not completely integrated. As a result of that the municipal functions are duplicated. The failure of the municipality to amalgamate has caused divisions among the councillors and staff, mainly based on the towns from which they come.
The provincial executive council of the North West province took a decision on 21 January to approve the dissolution of this municipality in terms of section 139(1)(c) of the Constitution. In terms of this piece of legislation, the MEC for development, local government and housing has been given the authority to appoint an administrator to conduct the affairs of the said municipality until such time as the new council is duly elected.
The North West provincial government is seeking approval from this House for its intervention to dissolve the council in order to achieve the following objectives: to develop good systems, policies and proposals aimed at restoring stability within the municipality; to ensure that there is good financial planning and management in order to enable the municipality to meet its financial obligations; and to facilitate the election of the new municipal council. As a result the terms of reference of the intervention will be restricted to the following areas: the financial situation of the municipality, governance and institutional matters, and political problems.
As said before, the municipality of Lekwa Teemane has been experiencing financial difficulty for some time, as a result of the aforementioned political instability and poor local leadership. Some of the financial difficulties can be summarised as follows. The annual financial statements of the municipality reflect reserves of R12,5 million but there are no cash investments to back that up. This has led to the municipality failing to meet its financial obligations to its creditors, which resulted in the withdrawal of investments that were used for the funding of operating expenditure.
The outstanding account with the Department of Water Affairs and Forestry increased to R11,7 million due to nonpayment by the municipality. This has also led Dwaf to contemplate reducing the water supply to the municipality. The defaulted loan repayment to the Development Bank of Southern Africa stands at R1,7 million. This bank is considering legal action against the municipality. The total outstanding amount owed to creditors stands at R15,9 million, with the Auditor-General’s account still unpaid at R146 291. These amounts exclude the bank overdraft of the municipality which exceeds R1 million.
This therefore demonstrates that there is a lack of management strategy regarding the cash flow of this municipality, which in turn impacts negatively on the operations of this municipality. The lack of management strategy to manage cash flow has meant that the municipality could not pay the salaries of its staff, could not pay for bulk water supply, and could not pay its electricity account to Eskom. As a result, the department of local government, in the province, had to intervene and provide financial assistance.
The total account for salaries for this municipality stands at R4,6 million, which represents more than 45% of total expenditure. This is in violation of the National Treasury norm which provides that salaries should not exceed 35% of the revenue of a municipality. The situation has impacted on the municipality’s capacity to implement an indigent policy and compile an indigent register. And, as a result of that, the municipality could not implement the free basic services policy as needed.
The municipality has also failed to integrate the two major towns, as mentioned before, and as a result of this these towns still operate as two separate entities. This means, therefore, duplication of municipality staff, which impacts negatively on the resources of the municipality.
The municipality has since commissioned Price Waterhouse Coopers to compile an organogram for the staff complement of the municipality. However, it has not implemented the recommendations of this company, since the councillors could not meet to take decisions on the implementation of this organogram. This therefore represents a fruitless expenditure.
Meetings of the council and committees do not materialise in most instances. Where they do materialise, the meetings do not address operational matters or issues relating to service delivery. Instead, the focus is placed on special meetings that deal with mineral rights and other nondevelopmental issues. There is therefore ineffective leadership in this municipality and, as a result, crucial decisions could not be taken.
The section 105 investigation conducted by the department in the province found that the problems within the municipality are both political and administrative. Many councillors are not familiar with the relevant legislation despite workshops and other measures aimed at capacity- building. The political tensions are so serious that there is little cohesion within the council.
The ward committees are not working properly. The ex-mayor and ex-speaker have also fought over who should call meetings of the council. This resulted in a very difficult relationship between these two top leaders in the council, which in turn impacted on the overall running of the municipality.
The ad hoc committee, as constituted by this House, is not in a position to make recommendations to this House at this stage since it would still like to clear some issues which were raised by stakeholders and role-players before a final recommendation could be made to this House. I thank you for your attention. [Applause.]
The CHAIRPERSON OF COMMITTEES: Hon members, that concludes the debate. Bells will be rung for three minutes to allow all provinces to be present in the House before we vote on the following Orders that have been read out by the secretary, ie the third, second and fourth Orders. Bells will now be rung for three minutes.
Debate concluded.
Business suspended at 17:22 and resumed at 17:25.
The CHAIRPERSON OF COMMITTEES: Hon members, we are going to start with the second order of the day, ie the Annual Report of the Select Committee on Land and Environmental Affairs. The question is that the report be adopted. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the Chamber to cast their provinces’ votes. Are all present?
In accordance with Rule 71 I shall first allow provinces the opportunity make their declaration of vote if they so wish. We shall now proceed to the voting on the question. I shall do so in alphabetical order per province. Delegation heads must please indicate to the Chair whether they vote in favour, against or abstain from voting. Eastern Cape?
Ms B N DLULANE: Iyayamukela i-Eastern Cape. [Eastern Cape welcomes it.]
The CHAIRPERSON OF COMMITTEES: Free State?
Mr T S SETONA: Free State supports.
The CHAIRPERSON OF COMMITTEES: Gauteng?
Ms D M RAMODIBE: Ra e tshehetsa. [Supports.]
The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?
Ms B THOMSON: Siyawemukela umbiko wekomiti. [We welcome the committee report.]
The CHAIRPERSON OF COMMITTEES: Limpopo?
Kgosi M L MOKOENA: Ha seketela. [We support.]
The CHAIRPERSON OF COMMITTEE: Mpumalanga?
Ms M P THEMBA: Siyawusekela [We support.]
The CHAIRPERSON OF COMMITTEES: Northern Cape?
Mrs E N LUBIDLA: Supports.
The CHAIRPERSON OF COMMITTEES: North West? Mr Z S KOLWENI: Ke wa rona [Support.]
The CHAIRPERSON OF COMMITTEES: Western Cape? Absent.
Eight provinces have voted in favour. I therefore declare the report adopted in accordance with section 65 of the Constitution. [Applause.]
We shall now proceed to Order number three. The question is that the report be adopted. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the Chamber to cast their provinces’ votes. Are we all present? In accordance with Rule 71 I shall first allow provinces the opportunity to make their declaration of vote if they so wish.
We shall now proceed to the voting on the question. I shall do so in alphabetical order per province. The delegation heads must please indicate whether they vote in favour, against or abstain from voting. Eastern Cape? Ms B N DLULANE: Ke wa rona. [We support.]
The CHAIRPERSON OF COMMITTEES: Free State?
Mr T S SETONA: Free State support.
The CHAIRPERSON OF COMMITTEES: Gauteng?
Ms D M RAMODIBE: Gauteng ya tshehetsa. [Gauteng supports.]
The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?
Ms B THOMSON: We support.
The CHAIRPERSON OF COMMITTEES: Limpopo?
Kgoshi M L MOKOENA: Re a thekga. [We support.]
The CHAIRPERSON OF COMMITTEES: Mpumalanga?
Ms M P THEMBA: Support.
The CHAIRPERSON OF COMMITTEES: Northern Cape? Mrs E N LUBIDLA: Ons ondersteun. [We support.]
The CHAIRPERSON OF COMMITTEES: North West?
Mr Z S KOLWENI: Ke wa rona. [We support.]
The CHAIRPERSON OF COMMITTEES: Western Cape? Absent.
Eight provinces have voted in favour. I therefore declare the report adopted in accordance with section 65 of the Constitution. [Applause.]
Before we vote on the fourth Order, I shall give the leader of the delegation of the ad hoc committee an opportunity to speak to us.
Mr B J MKHALIPHI: Hon Chairperson, hon members, I wish to reiterate the recommendation of the ad hoc committee to this House. The ad hoc committee is not in a position to make conclusive recommendations to the House. Therefore, the committee recommends that the House not recommend the intervention at this stage to allow the committee enough time to clear issues that were raised by stakeholders. I thank you.
The CHAIRPERSON OF COMMITTEES: That concludes the amendment by the ad hoc committee. I shall now put the question. The question is that the report be adopted. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain that delegation heads are present to cast their provinces’ votes.
In accordance with Rule 71 I shall first allow provinces the opportunity to make their declaration of vote if they so wish. We shall now proceed to the voting on the question. I shall do so in alphabetical order per province. Delegation heads must please indicate whether they vote in favour, against or abstain from voting. Eastern Cape?
Ms B N DLULANE: Siyahambisana nombono. [We support the idea.]
The CHAIRPERSON OF COMMITTEES: Free State?
Mr T S SETONA: We support.
The CHAIRPERSON OF COMMITTEES: Gauteng?
Ms M D RAMODIBE: Gauteng supports.
The CHAIRPERSON OF COMMITTEES: KwaZulu-Natal?
Ms B THOMSON: We support the disapproval of the intervention.
The CHAIRPERSON OF COMMITTEES: Limpopo?
Kgoshi M L MOKOENA: I khou tenda. [Support.]
The CHAIRPERSON OF COMMITTEES: Mpumalanga?
Ms M P THEMBA: Mpumalanga ya tshehetsa. [Mpumalanga supports.]
The CHAIRPERSON OF COMMITTEES: Northern Cape?
Mrs E N LUBIDLA: Support.
The CHAIRPERSON OF COMMITTEES: North West?
Mr M I MAKOELA: In favour.
The CHAIRPERSON OF COMMITTEES: Western Cape? Absent.
Eight provinces have voted in favour of the recommendations by the committee to say that the ad hoc committee still needs time to look into the matter. We therefore are in agreement that all eight provinces have supported the ad hoc committee.
Report accordingly adopted in accordance with section 65 of the Constitution.
The Council adjourned at 17:34. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
MONDAY, 1 DECEMBER 2003 TABLINGS: National Assembly and National Council of Provinces:
Papers:
- The Minister of Finance:
Consolidated Financial Statements of National Treasury for the year
ended 31 March 1999, including the Special Report of the Auditor-
General on the Consolidated Financial Statements of the National
Government for the year ended 31 March 1999.
- The Minister of Foreign Affairs:
(a) Protocol on the Amendments to the Constitutive Act of the
African Union, tabled in terms of section 231(2) of the
Constitution, 1996.
(b) Explanatory Memorandum to the Protocol on the Amendments to the
Constitutive Act of the African Union. 3. The Minister for Justice and Constitutional Development:
(a) Report and Financial Statements of Vote 24 - Department of
Justice and Constitutional Development for 2002-2003, including
the Report of the Auditor-General on the Financial Statements for
2002-2003 [RP 206-2003].
(b) Report and Financial Statements of Vote 24 - Department of
Justice and Constitutional Development for 2002-2003 [RP 207-
2003].
- The Minister of Environmental Affairs and Tourism:
(a) Request for the approval of Parliament to exclude the remainder
of Farm 498 (Melkbosrand) from Augrabies Waterfall Park, in terms
of section 2(3) of the National Parks Act, 1976 (Act No 57 of
1976).
(b) Explanatory Memorandum to the Proposed Exclusion in terms of
section 2(3) of the National Parks Act, 1976 (Act No 57 of 1976)
of the remainder of Farm 498 better known as Melkbosrand in extent
4137 (ha), from the Augrabies Waterfall National Park situated in
the Administrative District of Gordonia, Province of the Northern
Cape.
- The Minister for Safety and Security:
Memorandum of Understanding between the Government of the Republic of
South Africa and the Government of the Islamic Republic of Iran on
Cooperation in Combating Illicit Trafficking in Narcotic Drugs,
Psychotropic Substances and Precursors, tabled in terms of section
231(3) of the Constitution, 1996.
THURSDAY, 4 DECEMBER 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Assent by President in respect of Bills:
(1) Skills Development Amendment Bill [B 46 - 2003] - Act No 31 of
2003 (assented to and signed by President on 11 November 2003).
COMMITTEE REPORTS:
National Council of Provinces:
- Report of the Select Committee on Education and Recreation on Study Tour to KwaZulu-Natal, dated 25 November 2003:
Insert 4ATC0412e.doc
MONDAY, 8 DECEMBER 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Translations of Bills submitted:
(1) The Minister of Home Affairs:
(i) Tweede Wysigingswetsontwerp op Kieswette [W 73 - 2003]
(National Assembly - sec 75)
This is the official translation into Afrikaans of the Electoral
Laws Second Amendment Bill [B 73 - 2003] (National Assembly - sec
75).
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Minister of Trade and Industry: (a) Government Notice No 152 published in Government Gazette No 24312 dated 29 January 2003: Notice in terms of section 13: Declaration of certain goods to be controlled goods and control measures applicable to such goods, in terms of the Non- Proliferation of Weapons of Mass Destruction Act, 1993 (Act No 87 of 1993).
(b) Government Notice No 180 published in Government Gazette No
24343 dated 31 January 2003: Notice to exempt the Methodist Homes
for the Aged from the provisions of regulations 6 - 14: For
general comment, in terms of the Housing Development Schemes for
Retired Persons Act, 1988 (Act No 65 of 1988).
(c) Government Notice No R166 published in Government Gazette No
24329 dated 7 February 2003: Notice in terms of sections 1 and 10
of the Companies Act, 1973 (Act No 61 of 1973).
(d) Government Notice No 235 published in Government Gazette No
24387 dated 14 February 2003: Developing South Africa's approach
to multilateral trade negotiations in the World Trade Organisation
(WTO).
(e) Government Notice No R9 published in Government Gazette No 24801
dated 21 February 2003: Commencement of certain sections, in terms
of the International Trade Administration Act, 2002 (Act No 71 of
2002).
(f) Government Notice No R273 published in Government Gazette No
24941 dated 28 February 2003: Proposed amendments of the
compulsory specification for motor vehicles of category O3 and O4,
in terms of the Standards Act, 1993 (Act No 29 of 1993).
(g) Government Notice No R274 published in Government Gazette No
24941 dated 28 February 2003: Proposed amendment of the compulsory
specification for replacement of secondary lights for motor
vehicles, in terms of the Standards Act, 1993 (Act No 29 of 1993).
(h) Government Notice No R275 published in Government Gazette No
24941 dated 28 February 2003: Proposed amendment of the compulsory
specification for replacement of headlights for motor vehicles, in
terms of the Standards Act, 1993 (Act No 29 of 1993).
(i) Government Notice No R369 published in Government Gazette No
25040 dated 20 March 2003: Compulsory specification for
specification for respirators, in terms of the Standards Act, 1993
(Act No 29 of 1993).
(j) Government Notice No R370 published in Government Gazette No
25040 dated 20 March 2003: Compulsory specification for breathing
apparatus, in terms of the Standards Act, 1993 (Act No 29 of
1993).
(k) Government Notice No R450 published in Government Gazette No
24623 dated 11 April 2003: Proposed Amendment of the compulsory
specification for motor vehicles category N1, in terms of the
Standards Act, 1993 (Act No 29 of 1993).
(l) Government Notice No R451 published in Government Gazette No
24623 dated 11 April 2003: Amendment: Regulations relating to the
payments of levy and the issue of sales permits in regard to
compulsory specifications, in terms of the Standards Act, 1993
(Act No 29 of 1993).
(m) Government Notice No R452 published in Government Gazette No
24623 dated 11 April 2003: Proposed amendment of the compulsory
specification for electrical and electronic apparatus (VC8055), in
terms of the Standards Act, 1993 (Act No 29 of 1993).
(n) Government Notice No R453 published in Government Gazette No
24623 dated 11 April 2003: Proposed amendment of the compulsory
specification for motor vehicles of category M1, in terms of the
Standards Act, 1993 (Act No 29 of 1993).
(o) Government Notice No R454 published in Government Gazette No
24623 dated 11 April 2003: Proposed compulsory specification for
material for contour marking on motor vehicles, in terms of the
Standards Act, 1993 (Act No 29 of 1993).
(p) Government Notice No R513 published in Government Gazette No
24734 dated 17 April 2003: Amendment: compulsory specification for
the safety of electric cables with extruded solid dielectric
insulation for fixed installations, in terms of the Standards Act,
1993 (Act No 29 of 1993).
(q) Government Notice No R522 published in Government Gazette No
24734 dated 17 April 2003: Proposed compulsory specification for
plastic carrier bags and flat bags, in terms of the Standards Act,
1993 (Act No 29 of 1993).
(r) Government Notice No R512 published in Government Gazette No
24731 dated 17 April 2003: Regulations relating to the payment of
levy and the issue of sales permits in regard to compulsory
specifications: Amendment, in terms of the Standards Act, 1993
(Act No 29 of 1993).
(s) Government Notice No R42 published in Government Gazette No
24837 dated 2 May 2003: Commencement of Section 54, in terms of
the Lotteries Act, 1997 (Act No 57 of 1997).
(t) Government Notices No's R610, R611, R612 and R613 published in
Government Gazette No 24826 dated 9 May 2003: Regulations: Payment
of levy and the issue of sales permits in regard to compulsory
specifications: Amendment in terms of the Standards Act, 1993 (Act
No 29 of 1993).
(u) Government Notice No R614 published in Government Gazette No
24826 dated 9 May 2003: Proposed compulsory specification for the
safety of medium voltage electric cables, in terms of the
Standards Act, 1993 (Act No 29 of 1993).
(v) Government Notice No R615 published in Government Gazette No
24826 dated 9 May 2003: Regulations; Payment of levy and the issue
of sales permits in regard to compulsory specifications: Amendment
in terms of the Standards Act, 1993 (Act No 29 of 1993).
(w) Government Notice No R672 published in Government Gazette No
24874 dated 23 May 2003: Regulations: Promotional Competitions,
2003, in terms of the Promotional Competitors of the Lotteries
Act, 1997 (Act No 57 of 1997).
(x) Government Notices No's R673, R674, R675 and R676 published in
Government Gazette No 24876 dated 23 May 2003: Strategic
Industrial Project (SIP), in terms of the Income Tax Act, 1962
(Act No 58 of 1962).
(y) Government Notice No 721 published in Government Gazette No
24934 dated 29 May 2003: Amendment of the Patents Regulations,
1978, in terms of the Patents Act, 1978 (Act No 57 of 1978).
(z) Government Notice No R862 published in Government Gazette No
25082 dated 27 June 2003: Withdrawal and replacement of the
compulsory specification for child restraints for use in motor
vehicles, in terms of the Standards Act, 1993 (Act No 29 of 1993).
(aa) Government Notice No R867 published in Government Gazette No
25082 dated 27 June 2003: Compulsory specification for plastic
carrier bags and flat bags, in terms of the Standards Act, 1993
(Act No 29 of 1993).
(bb) Government Notice No 963 published in Government Gazette No
25161 dated 2 July 2003: Amendment of the Patents Regulation,
1978, in terms of the Patents Act, 1978 (Act No 57 of 1978).
(cc) Government Notice No R941 published in Government Gazette No
25137 dated 4 July 2003: Strategic Industrial Project (SIP), in
terms of the Income Tax Act, 1962 (Act No 58 of 1962).
(dd) Government Notice No R978 published in Government Gazette No
25171 dated 4 July 2003: Withdrawal and replacement of the
compulsory specification for frozen rock lobster and frozen
lobster products derived therefrom, in terms of the Standards Act,
1993 (Act No 29 of 1993).
(ee) Government Notice No R979 published in Government Gazette No
25172 dated 4 July 2003: Withdrawal and replacement of the
compulsory specification for frozen fish, frozen marine molluscs
and frozen products derived therefrom, in terms of the Standards
Act, 1993 (Act No 29 of 1993).
(ff) Government Notice No 992 published in Government Gazette No
25177 dated 7 July 2003: Notice in terms of section 2(1), (2) and
(3), in terms of the Usury Act, 1968 (Act No 73 of 1968).
(gg) Government Notice No R1013 published in Government Gazette No
25211 dated 18 July 2003: Regulations: Implementation of a
compulsory computerized wagering system for all licensed
bookmakers in South Africa: For public comment, in terms of the
National Gambling Act, 1996 (Act No 33 of 1996).
(hh) Government Notice No R1026 published in Government Gazette No
25220 dated 25 July 2003: Regulations relating to the payment of
levy and the issue of sales permits in regard to compulsory
specifications: Amendment in terms of the Standards Act, 1993 (Act
No 29 of 1993).
(ii) Government Notice No R1075 published in Government Gazette No
25245 dated 1 August 2003: Withdrawal and replacement of the
compulsory specification for motor vehicles of category M1, in
terms of the Standards Act, 1993 (Act No 29 of 1993).
(jj) Government Notice No R1076 published in Government Gazette No
25245 dated 1 August 2003: Proposed replacement of the compulsory
specification for the manufacture, production, processing and
treatment of canned fish, canned marine molluscs and canned
crustaceans, in terms of the Standards Act, 1993 (Act No 29 of
1993).
(kk) Government Notice No R1077 published in Government Gazette No
25245 dated 1 August 2003: Withdrawal and replacement of the
compulsory specification for motor vehicles of category N1, in
terms of the Standards Act, 1993 (Act No 29 of 1993).
(ll) Government Notice No R1077 published in Government Gazette No
25245 dated 1 August 2003: Compulsory specification for material
for contour marking on motor vehicles, in terms of the Standards
Act, 1993 (Act No 29 of 1993).
(mm) Government Notice No R1078 published in Government Gazette No
25245 dated 1 August 2003: Amendment: Compulsory specification for
material for contour marking on motor vehicles, in terms of the
Standards Act, 1993 (Act No 29 of 1993).
(nn) Government Notice No R1079 published in Government Gazette No
25245 dated 1 August 2003: Amendment: Compulsory specification for
electrical and electronic apparatus, in terms of the Standards
Act, 1993 (Act No 29 of 1993).
(oo) Government Notice No R1080 published in Government Gazette No
25245 dated 1 August 2003: Proposed replacement of the compulsory
specification for the manufacture, production, processing and
treatment of canned meat products, in terms of the Standards Act,
1993 (Act No 29 of 1993).
(pp) Government Notice No 1129 published in Government Gazette No
25310 dated 8 August 2003: Strategic Industrial Project (SIP):
Application for approval: Trident Steel (Pty) Ltd, in terms of the
Income Tax Act, 1962 (Act No 58 of 1962).
(qq) Government Notice No 1130 published in Government Gazette No
25310 dated 8 August 2003: Decision to approve application:
African Oxygen Limited Bulk Gas Plant, in terms of the Income Tax
Act, 1962 (Act No 58 of 1962).
(rr) Government Notice No 1131 published in Government Gazette No
25310 dated 8 August 2003: Hillside Aluminium SA Limited, in terms
of the Income Tax Act, 1962 (Act No 58 of 1962).
(ss) Government Notice No 1127 published in Government Gazette No
25309 dated 8 August 2003: Strategic Industrial Project (SIP):
Application for approval: Nestle Purina, in terms of the Income
Tax Act, 1962 (Act No 58 of 1962).
(tt) Government Notice No 1128 published in Government Gazette No
25309 dated 8 August 2003: Decision not to approve: Sasol MCC
Chemicals (Pty) Ltd, in terms of the Income Tax Act, 1962 (Act No
58 of 1962).
(uu) Government Notice No R1164 published in Government Gazette No
25306 dated 15 August 2003: Amendment: compulsory specification
for medium voltage electric cables, in terms of the Standards Act,
1993 (Act No 29 of 1993).
(vv) Government Notice No R1165 published in Government Gazette No
25306 dated 15 August 2003: Compulsory specification for the
safety of electric cables with extruded solid dielectric
insulation for fixed installations, in terms of the Standards Act,
1993 (Act No 29 of 1993).
(ww) Government Notice No R1166 published in Government Gazette No
25306 dated 15 August 2003: Withdrawal and replacement of the
compulsory specification for vehicles of category 03 and O4, in
terms of the Standards Act, 1993 (Act No 29 of 1993).
(xx) Government Notice No R1167 published in Government Gazette No
25306 dated 15 August 2003: Amendment: Compulsory specification
for replacement of secondary lights for motor vehicles, in terms
of the Standards Act, 1993 (Act No 29 of 1993).
(yy) Government Notice No R1168 published in Government Gazette No
25306 dated 15 August 2003: Compulsory specification for
replacement of headlights for motor vehicles, in terms of the
Standards Act, 1993 (Act No 29 of 1993).
(zz) Government Notice No R1169 published in Government Gazette No
25306 dated 15 August 2003: Proposed compulsory specification for
small arms shooting ranges, in terms of the Standards Act, 1993
(Act No 29 of 1993).
(aaa) Government Notice No 1197 published in Government Gazette No
25351 dated 22 August 2003: Strategic Industrial Project (SIP):
Pechiney Potline 1 Project, in terms of the Income Tax Act, 1962
(Act No 58 of 1958).
(bbb) Government Notice No 1198 published in Government Gazette No
25351 dated 22 August 2003: Pechiney Potline 2 Project, in terms
of the Income Tax Act, 1962 (Act No 58 of 1958).
(ccc) Government Notice No 1199 published in Government Gazette No
25351 dated 22 August 2003: Pechiney Casthouse Project, in terms
of the Income Tax Act, 1962 (Act No 58 of 1958).
(ddd) Government Notice No 1200 published in Government Gazette No
25351 dated 22 August 2003: Pechiney Anode Plant Project, in terms
of the Income Tax Act, 1962 (Act No 58 of 1958).
(eee) Government Notice No R63 published in Government Gazette No
25403 dated 27 August 2003: Commencement of section 1 to 6, in
terms of the Corporate Laws Amendment Act, 2002 (Act No 39 of
2002).
(fff) Government Notice No R1236 published in Government Gazette No
25397 dated 5 September 2003: Proposed withdrawal of compulsory
specification for slow speed vehicles and replacement with the
compulsory specification for agricultural tractors, in terms of
the Standards Act, 1993 (Act No 29 of 1993).
(ggg) Government Notice No R1343 published in Government Gazette No
25491 dated 23 September 2003: Amendment of the Patent
Regulations, 1978 (Act No 57 of 1978).
(hhh) Government Notice No 1389 published in Government Gazette No
25529 dated 1 October 2003: Annual finance charge rates, in terms
of the Usury Act, 1968 (Act No 73 of 1968).
(iii) Government Notice No 1461 published in Government Gazette No
25571 dated 8 October 2003: Declaration as a housing development
scheme: Lynnwood Oord, in terms of the Housing Development Schemes
for Retired Persons Act (65/1988).
(jjj) Government Notice No R1415 published in Government Gazette No
25527 dated 10 October 2003: Compulsory specification for the
control of gaming devices and related matters, in terms of the
Standards Act, 1993 (Act No 29 of 1993).
(kkk) Government Notices No 1456, 1457 and 1458 published in
Government Gazette No 25559 dated 10 October 2003: Strategic
Industrial Project (SIP), in terms of the Income Tax Act, 1962
(Act No 58 of 1958).
(lll) Government Notice No 1478 published in Government Gazette No
25562 dated 17 October 2003: Standard Matters, in terms of the
Standards Act, 1993 (Act No 29 of 1993).
(mmm) Report and Financial Statements of the National Empowerment Fund
for 2002-2003, including the Report of the Independent Auditors on
the Financial Statements for 2002-2003.
(nnn) Report and Financial Statements of Trade and Investment South
Africa for 2002-2003, including the Report of the Independent
Auditors on the Financial Statements for 2002-2003.
(ooo) Report and Financial Statements of Strategic Industrial Projects
(SIP) for 2002-2003.
(ppp) Report of the South African Council for the Non-Proliferation of
Weapons of Mass Destruction for the year ended June 2002.
- The Minister of Water Affairs and Forestry:
Report and Financial Statements of Albany Coast Water for the year
ended June 2003.
- The Minister for Safety and Security:
Agreement between the Government of the Republic of South Africa and
the Austrian Federal Government on Police Cooperation, tabled in terms
of section 231(3) of the Constitution, 1996.
THURSDAY, 11 DECEMBER 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Assent by President in respect of Bills:
(1) Anti-Personnel Mines Prohibition Bill [B 44D - 2002] - Act No 36
of 2003 (assented to and signed by President on 2 December 2003);
(2) Adjustments Appropriation Bill [B 69 - 2003] - Act No 37 of 2003
(assented to and signed by President on 4 December 2003); and
(3) Electoral Laws Second Amendment Bill [B 73 - 2003] - Act No 40
of 2003 (assented to and signed by President on 5 December 2003).
- Translations of Bills submitted:
(1) The Minister of Defence:
(i) Wetsontwerp op die Krygstuigkorporasie van Suid-Afrika,
Beperk [W 18 - 2003] (National Assembly - sec 75)
This is the official translation into Afrikaans of the Armaments
Corporation of South Africa, Limited Bill [B 18 - 2003] (National
Assembly - sec 75).
(2) The Minister of Environmental Affairs and Tourism:
(i) Wysigingswetsontwerp op Nasionale Omgewingsbestuur [W 29 -
2003] (National Assembly - sec 75)
This is the official translation into Afrikaans of the
National Environmental Management Amendment Bill [B 29 -
2003] (National Council of Provinces - sec 76).
(ii) Wysigingswetsontwerp op Omgewingsbewaring [W 45 - 2003]
(National Assembly - sec 75)
This is the official translation into Afrikaans of the
Environment Conservation Amendment Bill [B 45 - 2003]
(National Assembly - sec 76).
(3) The Minister for Intelligence:
(i) Algemene Wysigingswetsontwerp op Intelligensiedienste [W
47 - 2003] (National Assembly - sec 75)
This is the official translation into Afrikaans of the General
Intelligence Laws Amendment Bill [B 47 - 2003] (National Assembly
- sec 75).
(4) The Minister of Transport:
(i) Wysigingswetsontwerp op die Padongelukfonds [W 64 - 2003]
(National Assembly - sec 75)
This is the official translation into Afrikaans of the Road
Accident Fund Amendment Bill [B 64 - 2003] (National Assembly -
sec 75).
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 South African
Revenue Services (SARS) for 2002-2003, including the Report of
the Auditor-General on the Financial Statements for 2002-2003
[RP 191-2003].
(b) Report and Financial Statements of the Public Investment
Commissioners for 2002-2003, including the Report of the
Auditor-General on the Financial Statements for 2002-2003 [RP
152-2003].
(c) Consolidated Financial Statements of National Treasury for
the year ended 31 March 1999, including the Special Report of
the Auditor-General on the Consolidated Financial Statements
of the National Government for the year ended 31 March 1999.
(2) The following paper is referred to the Select Committee on
Economic and Foreign Affairs:
Report and Financial Statements of the Industrial Development
Corporation of South Africa Limited for the year ended June 2003,
including the Report of the Independent Auditors on the Financial
Statements for the year ended June 2003.
(3) The following papers are referred to the Select Committee on
Security and Constitutional Affairs:
(a) Government Notice No R1660 published in Government Gazette
No 25695 dated 12 November 2003: Regulations regarding
reparations to victims in terms of the Promotion of National
Unity and Reconciliation Act, 1995 (Act No 34 of 1995).
(b) Government Notice No R1623 published in Government Gazette
No 25666 dated 7 November 2003: Amendment of regulations in
terms of the Debt Collectors Act, 1998 (Act No 114 of 1998).
(c) Report and Financial Statements of Vote 24 - Department of
Justice and Constitutional Development for 2002-2003 [RP 207-
2003].
(d) Report and Financial Statements of Vote 24 - Department of
Justice and Constitutional Development for 2002-2003,
including the Report of the Auditor-General on the Financial
Statements for 2002-2003 [RP 206-2003].
(e) Memorandum of Understanding between the Government of the
Republic of South Africa and the Government of the Islamic
Republic of Iran on Cooperation in Combating Illicit
Trafficking in Narcotic Drugs, Psychotropic Substances and
Precursors, tabled in terms of section 231(3) of the
Constitution, 1996.
(4) The following papers are referred to the Select Committee on
Land and Environmental Affairs:
(a) Report and Financial Statements of the South African
Veterinary Council for 2002-2003, including the Report of the
Independent Auditors on the Financial Statements for 2002-
2003.
(b) Report and Financial Statements of Amatola Water for the
year ended June 2003, including the Report of the Independent
Auditors for the year ended June 2003.
(c) Report and Financial Statements of Botshelo Water for the
year ended June 2003, including the Report of the Independent
Auditors for the year ended June 2003.
(d) Report and Financial Statements of Lepelle Northern Water
for the year ended June 2003, including the Report of the
Independent Auditors for the year ended June 2003.
(e) Report and Financial Statements of Namaqua Water for the
year ended June 2003, including the Report of the Independent
Auditors for the year ended June 2003.
(f) Report and Financial Statements of Overberg Water for the
year ended June 2003, including the Report of the Independent
Auditors for the year ended June 2003.
(g) Report and Financial Statements of Rand Water for the year
ended June 2003, including the Report of the Independent
Auditors for the year ended June 2003.
(5) The following papers are referred to the Select Committee on
Public Services:
(a) Community Based Public Works Programme for 2000-2001.
(b) Community Based Public Works Programme for 2001-2002.
(c) Community Based Public Works Programme for 2002-2003.
(d) Community Based Public Works Programme for 2003-2004.
(6) The following papers are referred to the Select Committee on
Social Services:
(a) Report and Financial Statements of the Rural Housing Loan
Fund (RHLF) for 2002-2003, including the Report of the
Independent Auditors on the Financial Statements for 2002-
2003.
(b) Report and Financial Statements of the Social Housing
Foundation (SHF) for 2002-2003, including the Report of the
Independent Auditors on the Financial Statements for 2002-
2003.
(c) Report and Financial Statements of Thubelisha Homes for
2002-2003, including the Report of the Independent Auditors on
the Financial Statements for 2002-2003.
(d) Report and Financial Statements of Servcon Housing
Solutions (Proprietary) Limited 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 Urban
Reconstruction and Housing Agency for 2002-2003, including the
Report of the Independent Auditors on the Financial Statements
for 2002-2003.
(f) Report and Financial Statements of National Housing
Finance Corporation Limited for 2002-2003, including the
Report of the Independent Auditors on the Financial Statements
for 2002-2003.
(7) The following papers are referred to the Select Committee on
Economic and Foreign Affairs for consideration and report:
(a) Protocol on the Amendments to the Constitutive Act of the
African Union, tabled in terms of section 231(2) of the
Constitution, 1996.
(b) Explanatory Memorandum to the Protocol on the Amendments
to the Constitutive Act of the African Union.
(8) The following papers are referred to the Select Committee on
Land and Environmental Affairs for consideration and report:
(a) Request for the approval of Parliament to exclude the
remainder of Farm 498 (Melkbosrand) from Augrabies Waterfall
Park, in terms of section 2(3) of the National Parks Act, 1976
(Act No 57 of 1976).
(b) Explanatory Memorandum to the Proposed Exclusion in terms
of section 2(3) of the National Parks Act, 1976 (Act No 57 of
1976) of the remainder of Farm 498 better known as Melkbosrand
in extent 4137 (ha), from the Augrabies Waterfall National
Park situated in the Administrative District of Gordonia,
Province of the Northern Cape.
TABLINGS:
National Assembly and National Council of Provinces:
Papers:
- The Speaker and the Chairperson:
General Report of the Auditor-General on the Audit Outcomes for the
financial year 2002-2003 [RP 214-2003].
- The Minister of Finance: (a) Report and Financial Statements of the Government Employees Pension Fund (GEPF) for 2001-2002, including the Report of the Independent Auditors on the Financial Statements for 2001-2002.
(b) Government Notice No 1383 published in Government Gazette No
25518 dated 30 September 2003: Statement of the National Revenue,
Expenditure and Borrowing as at 31 August 2003, in terms of the
Public Finance Management Act, 1999 (Act No 1 of 1999).
(c) Government Notice No R1411 published in Government Gazette No
25527 dated 10 October 2003: Exchange Control Regulations:
Appointment of an authorised dealer in foreign exchange: Standard
Chartered Bank - Johannesburg, in terms of the Currency and
Exchanges Act, 1933 (Act No 9 of 1933).
- The Minister of Water Affairs and Forestry:
(a) Report and Financial Statements of Ikangala Water for the year
ended June 2003, including the Report of the Independent Auditors
on the Financial Statements for the year ended June 2003.
(b) Report and Financial Statements of Magalies Water for the year
ended June 2003, including the Report of the Independent Auditors
on the Financial Statements for the year ended June 2003.
(c) Report and Financial Statements of Mhlathuze Water for the year
ended June 2003, including the Report of the Independent Auditors
on the Financial Statements for the year ended June 2003.
(d) Report and Financial Statements of Pelladrift Water for the year
ended June 2003, including the Report of the Independent Auditors
on the Financial Statements for the year ended June 2003.
(e) Report and Financial Statements of Sedibeng Water for the year
ended June 2003, including the Report of the Independent Auditors
on the Financial Statements for the year ended June 2003.
(f) Report and Financial Statements of Umgeni Water for the year
ended June 2003, including the Report of the Independent Auditors
on the Financial Statements for the year ended June 2003.
(g) Government Notice No 1266 published in Government Gazette No
25426 dated 12 September 2003: Release of portion 1 of the farm
Frankfort 173 JT - Frankfort Plantation - Sabie - Mpumalanga, in
terms of the National Forests Act, 1998 (Act No 84 of 1998).
(h) Government Notice No 1468 published in Government Gazette No
25562 dated 17 October 2003: Invitation to submit written comments
on the proposed raising of Flag Boshielo Dam and the environmental
impact assessment relating thereto, in terms of the National Water
Act, 1998 (Act No 36 of 1998).
(i) Government Notice No 1514 published in Government Gazette No
25602 dated 24 October 2003: Prohibition on the making of fires in
the open air: Western Cape, in terms of the Forest Act, 1984 (Act
No 122 of 1984).
(j) Government Notice No 1515 published in Government Gazette No
25602 dated 24 October 2003: Prohibition on the making of fires in
the open air: Districts of Swellendam and Montagu, in terms of the
Forest Act, 1984 (Act No 122 of 1984).
(k) Government Notice No 1516 published in Government Gazette No
25602 dated 24 October 2003: Prohibition on the making of fires in
the open air: Districts of Clanwilliam, Piketberg, Ceres, Tulbagh,
Worcester, Caledon, Paarl, Stellenbosch, Strand and Somerset West,
in terms of the Forest Act, 1984 (Act No 122 of 1984).
National Council of Provinces:
- The Chairperson:
(a) A response has been received from the Minister of Transport with
respect to the resolution which was adopted by the National
Council of Provinces on 22 October 2003.
Copies of the response are available from the Office of the Clerk
of Papers.
(b) A response has been received from the Minister for Safety and
Security with respect to the resolution which was adopted by the
National Council of Provinces on 9 September 2003.
Copies of the response are available from the Office of the Clerk
of Papers.
(c) The following statement has been submitted to the National
Council of Provinces by the MEC of Traditional Affairs, Safety and
of Local Government Affairs in KwaZulu-Natal in terms of section
106(3) of the Local Government: Municipal Systems Act, 2000 (Act
No 32 of 2000):
Investigation into Greater Kokstad Municipality
Referred to the Select Committee on Local Government and
Administration.
Copies of the statement are available from the Office of the Clerk
of Papers.
MONDAY, 15 DECEMBER 2003
ANNOUNCEMENTS:
National Assembly and National Council of Provinces:
- Assent by President in respect of Bills:
(1) Higher Education Amendment Bill [B 36 - 2003] - Act No 38 of
2003 (assented to and signed by President on 10 December 2003);
(2) Pensions Second (Supplementary) Bill [B 59 - 2003] - Act No 39
of 2003 (assented to and signed by President on 10 December 2003);
(3) Criminal Procedure Amendment Bill [B 57D - 2002] - Act No 42 of
2003 (assented to and signed by President on 17 December 2003);
(4) Firearms Control Amendment Bill [B 28B - 2003] - Act No 43 of
2003 (assented to and signed by President on 17 December 2003);
and
(5) Revenue Laws Amendment Bill [B 71 - 2003] - Act No 45 of 2003
(assented to and signed by President on 17 December 2003).
- Translations of Bills submitted:
(1) The Minister of Finance:
(i) Wysigingswetsontwerp op Inkomstewette [W 71 - 2003]
(National Assembly - sec 77).
This is the official translation into Afrikaans of the Revenue
Laws Amendment Bill [B 71 - 2003] (National Assembly - sec 77).
TABLINGS:
National Council of Provinces:
- The Chairperson:
(a) The President of the Republic submitted the following letter
dated 4 December 2003 to the Chairperson of the National Council
of Provinces informing Members of the National Council of
Provinces of the employment of the South African National Defence
Force:
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE IN HAITI IN
FULFILLMENT OF THE INTERNATIONAL OBLIGATIONS OF THE REPUBLIC OF
SOUTH AFRICA TOWARDS THE UNITED NATIONS
This serves to inform the National Council of Provinces that on
the 4th day of December Two Thousand and Three, I authorised the
employment of the South African National Defence Force (SANDF)
personnel to assist the Government of Haiti in celebrating two
hundred years of its independence and victory in the struggle
against slavery in the Americas.
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 Sections continue
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, in assisting the Government of Haiti in fulfillment of the
international obligations of the Republic of South Africa towards
the United Nations, 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 Sections 11, 52 and 53 of the Defence Act, 2002 (Act
No 42 of 2002).
A total of 139 personnel will be employed comprised as follows:
120 Navy Members;
9 SAAF Members;
7 SAMHS Members; and
3 CJ Ops
The equipment to be provided by SANDF is as follows:
1 Combat Support Ship (SAS Drakensberg);
1 Harbour Patrol Boat; and
1 Oryx Helicopter.
The expected costs for the deployment of personnel on the
operation is R2 059 714,83 at the expense of the Department of
Foreign Affairs. The duration will be approximately 53 days.
I will also communicate this report to the Members of the National
Assembly, and wish to request that you bring the contents of this
report to the notice of the National Council of Provinces.
Regards
SIGNED
M E TSHABALALA-MSIMANG
ACTING PRESIDENT
FRIDAY, 16 JANUARY 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Assent by President in respect of Bills
(1) Explosives Bill [B 43D - 2002] - Act No 15 of 2003 (assented to
and signed by President on 19 December 2003);
(2) Traditional Leadership and Governance Framework Bill [B 58B -
2003] - Act No 41 of 2003 (assented to and signed by President on
11 December 2003); and
(3) Broad-Based Black Economic Empowerment Bill [B 27B - 2003]
(National Assembly - sec 75) - Act No 53 of 2003 (assented to and
signed by President on 7 January 2004).
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Arts, Culture, Science and Technology
Report and Financial Statements of Northern Flagship Institution for
2002-2003, including the Report of the Auditor-General on the Financial
Statements for 2002-2003 [RP 172-2003].
- The Minister of Public Enterprises
Report and Financial Statements of South African Forestry Company
Limited for 2002-2003, including the Report of the Independent Auditors
on the Financial Statements for 2002-2003.
- The Minister of Water Affairs and Forestry
Report and Financial Statements of Bloem Water for 2002-2003, ncluding
the Report of the Independent Auditors on the Financial Statements for
2002-2003.
National Council of Provinces
- The Chairperson
The President of the Republic submitted the following letter dated 11
December 2003 to the Chairperson of the National Council of Provinces
informing Members of the National Council of Provinces of the
employment of the South African National Defence Force:
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE IN
ASSISTING AUSTRALIA IN FULFILLMENT OF THE INTERNATIONAL
OBLIGATIONS OF THE REPUBLIC OF SOUTH AFRICA TOWARDS THE UNITED
NATIONS
This serves to inform the National Council of Provinces that on
the 11h day of December Two Thousand and Three, I authorised the
employment of the South African National Defence Force (SANDF)
personnel to assist the Government of Australia in escorting the
apprehended illegal fishing vessel in international waters.
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 Sections continue
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, in assisting the Government of Australia in fulfillment of
the international obligations of the Republic of South Africa
towards the United Nations (both countries being signatories of
the United Nations Convention on the Law of the Sea, 1982), 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
Sections 11, 52 and 53 of the Defence Act, 2002 (Act No 42 of
2002).
A total of 120 personnel were employed comprising of officers from
the Navy, Air Force, Army, SAHMS and Corporate Communication
Division.
The equipment provided by the SANDF is as follows:
1 Combat Support Ship (SAS Drakensberg); and 1 Oryx Helicopter.
The cost for the deployment of personnel on the operation is R350
000 at the expense of the Australian Government.
The duration of the operation is five days, however, it was
appreciated that the duration would include the time from which
the planning of the operation commenced in August 2003 to the time
of completion of the operation.
I will also communicate this report to the Members of the National
Assembly, and wish to request that you bring the contents of this
report to the notice of the National Council of Provinces.
Regards
SIGNED
T M MBEKI
- The Chairperson
REPORT OF THE DELEGATION TO THE 109TH ASSEMBLY OF THE INTER-
PARLIAMENTARY UNION
Members of Parliament
Mahlangu, M J (Leader of the delegation) (NCOP)
Dlulane, B N (ANC) (NCOP)
Gibson, D H M (DA) (NA)
Mahlangu-Nkabinde, G L (ANC) (NA)
Van der Merwe, J H (IFP) (NA)
Staff
Mfenyana S G
Peter, K
Mamabolo, A
1. Executive Committee
The Assembly and Governing Council meetings were preceded by the
meeting of the 241st session of the Executive Committee, which is the
administrative organ of the Inter-Parliamentary Union. Ms Mahlangu-
Nkabinde took part in the session. Its proceedings were devoted to
discussing and making recommendations on agenda items to be addressed
by the Governing Council.
2. Governing Council
The Governing Council met on 1 and 3 October 2003. It approved a
request for affiliation by the Parliament of Bahrain. It decided to
suspend the affiliations of Iraq, on the grounds that the Parliament
had ceased to function in that country, and of Guinea Bissau, after a
coup d'état which resulted in the dissolution of the Parliament. It
also suspended the membership of the Parliaments of Georgia, Liberia,
Malawi, the Marshall Islands, Paraguay and the United States of America
because all of them were more than three years in arrears in the
payment of their contributions.
The Council heard a report of the Executive Committee on the 110th
Assembly of the IPU, which had been scheduled to take place in London
in March/April 2004. The IPU concludes an agreement with the host
country for every meeting organized by the Union which includes an
article 5 which provides that the Assembly of the IPU can only be held
if all the IPU Members are invited and if their representatives are
assured of receiving the necessary visas for participation. However,
the government of the United Kingdom informed the IPU that it could not
issue visas to certain members of the Zimbabwean Parliament who were
subject to a European Union travel ban. As a result, the Executive
Committee recommended to the Council that the 110th Assembly not be
held in London and, instead, be transferred to another country.
The delegation of Australia, seconded by the delegation of Ireland, put
forward a motion calling on the Governing Council to affirm its
decision taken in Santiago de Chile that the 110th Assembly be held in
London. Following a debate in which Mr Mahlangu spoke on behalf of the
South African delegation, the motion was put to a vote. Each country
was entitled to three votes in accordance with the rules of the
Governing Council. All the delegations present and entitled to vote
were given an opportunity to do so. The South African delegation
recorded two votes against and one vote in favour of the motion. The
motion was defeated and the Governing Council thus endorsed the report
of the Executive Committee.
The Governing Council was informed that the Parliament of Thailand had
agreed to consider hosting the 110th Assembly in 2004. The Union's
members received the offer by acclamation and the Governing Council
formally requested Thailand to assume the responsibility of hosting the
event.
The Governing Council approved the Executive Committee's recommendation
for the membership of the committee that would prepare the Second
Conference of Presiding Officers of National Parliaments. The
Preparatory Committee would hold its first meeting at IPU Headquarters
in Geneva on 26 and 27 January 2004.
Elections were held to fill the nine vacancies on the Executive
Committee. Following consultations in the Africa Group, the four
vacancies due to the Africa Group were filled by candidates from the
Libyan Arab Jamahiriya, Namibia, Kenya and Togo. The remaining
vacancies were filled by other geopolitical groups. Elections were also
held to fill vacancies on the other subsidiary committees of the
Governing Council.
The Governing Council approved the following agenda for the 110th
Assembly:
i. Election of the President and Vice-Presidents of the 110th
Assembly
ii. Consideration of possible requests for the inclusion of an
emergency item in the Assembly agenda
iii. General debate on the political, economic and social situation
in the world with the overall theme of "Reconciliation and
Partnership"
iv. Promoting international reconciliation, helping to bring
stability to regions of conflict, and assisting with post-conflict
reconstruction
Under this item, the First Committee will debate the
responsibilities of the IPU and the broader international
community in peace-making and peace-building, with particular
reference to the IPU's mission to help build and strengthen
representative institutions.
(Committee on Peace and International Security)
v. Working towards an equitable environment for international
commerce: the issues of trade in agricultural products and the
access to basic medicines
Under this item, the Second Committee will debate the role of the
IPU and parliaments in following up the parliamentary declaration
adopted in Cancun on the occasion of the Fifth WTO Ministerial
Meeting.
(Committee on Sustainable Development, Finance and Trade)
vi. Furthering parliamentary democracy in order to protect human
rights and encourage reconciliation among peoples and partnership
among nations
Under this item, the Third Committee will discuss the role of
parliamentary democracy in defending human rights and promoting
reconciliation. It will also look at issues relating to justice,
truth commissions, amnesties, pardons, reparations and other means
to bring reconciliation to parties riven by conflict.
(Committee on Democracy and Human Rights)
3. Assembly
The Assembly met on 1 October 2003. The President of the Inter-
Parliamentary Union was elected President of the Assembly. The Assembly
proceeded to consider the following items on its agenda.
Emergency item
The Assembly had before it two proposals for the inclusion as an
emergency item. The first proposal, submitted by the delegation of
Chile, entitled "The political situation in Cuba", was ruled as not
fulfilling the conditions for an emergency item under the rules of the
Assembly and therefore could not be considered.
The second proposal was submitted by the delegation of the Parliament
of Indonesia and was entitled "Parliamentary support for the
implementation of the road map for peace in putting an end to the
Palestinian-Israeli conflict and achieving a comprehensive peace
process and justice in the Middle East".
The delegation of Israel objected to certain paragraphs of the draft
resolution submitted in support of the proposal but did not oppose the
title of the item or its inclusion in the Assembly agenda. The
inclusion of the item was approved by consensus.
Following the recommendation of the Steering Committee, the Council
referred the item to the Committee on Middle East Questions to hold
consultations among the members and to prepare a draft resolution for
the Assembly.
A debate on the emergency item took place and was followed by the
adoption of the draft resolution by consensus. The delegations of Iran,
Yemen, Palestine and Israel expressed reservations on certain parts of
the resolution. The delegation of South Africa abstained from approving
the resolution.
The text of the resolution is attached as annexure A.
The role of parliaments in assisting multilateral organizations in
ensuring peace and security and in building an international coalition
for peace
The First Standing Committee on Peace and International Security
considered this item. The Committee had before it a report and draft
resolution prepared by the rapporteurs as well as proposed amendments
submitted within the statutory deadline, including the proposed
amendment submitted by Mr Gibson.
During the debate on the item, Ms Mahlangu-Nkabinde took the floor. Her
speech focused on poverty eradication and underdevelopment. She said
that the international campaign against terrorism should not push the
eradication of poverty and underdevelopment off the international
agenda and that it was crucial that countries should work together to
find ways of improving people's access to food because the lack of food
security inadvertently leads to a high incidence of lawlessness as
people are forced to use illegal means to get access to food.
Following the debate, the Committee appointed a drafting committee
composed of delegates from 13 countries, including South Africa. Mr
Gibson participated on the drafting committee on behalf of South
Africa.
The drafting committee examined the draft resolution submitted by the
rapporteurs and amended it. The drafting committee then prepared a
draft resolution, which was subjected to a vote and adopted by the
Committee. This decision was endorsed by consensus by the plenary
sitting of the Assembly. The delegation of the Syrian Arab Republic
presented reservations on the resolution.
The text of the resolution is attached as Annexure B.
Global public goods: a new challenge for parliaments
The Second Standing Committee on Sustainable Development, Finance and
Trade considered this item. The Committee had before it a report and
draft resolution prepared by the rapporteurs as well as proposed
amendments submitted within the statutory deadline.
During the debate on the item, Ms Dlulane took the floor. In her speech
she pointed out that it was of concern that the globalisation process
had deepened the technological, trade and financial gap between
developed and developing countries and added that the central focus of
international development efforts should be the creation of an enabling
environment where developing countries would be able to acquire the
requisite capacities and resources in order to address their economic
and social development problems in a sustainable manner.
Following the debate, the Committee appointed a drafting committee
composed of delegates from nine countries.
The drafting committee scrutinized the draft resolution submitted by
the rapporteurs and amended it. The drafting committee then prepared a
draft resolution, which was put to a vote and adopted by the Committee.
This decision was endorsed by consensus by the plenary sitting of the
Assembly. The delegation of India expressed reservation on certain
parts of the text.
The text of the resolution is attached as Annexure C.
The contribution of new information and communication technologies to
good governance, the improvement of parliamentary democracy and the
management of globalisation
The Third Standing Committee on Democracy and Human Rights considered
the above item. The Committee had before it a report and draft
resolution prepared by the rapporteurs as well as proposed amendments
submitted within the statutory deadline.
Following the debate, the Committee appointed a drafting committee
composed of delegates from ten countries, including South Africa. Mr
Van der Merwe participated on the drafting committee on behalf of South
Africa.
The drafting committee examined the draft resolution submitted by the
rapporteurs and amended it. The drafting committee then prepared a
draft resolution, which was submitted to a vote and adopted. This
decision was endorsed by consensus by the plenary sitting of the
Assembly.
The text of the resolution is attached as Annexure D
4. Coordinating Committee of Women Parliamentarians
The Committee met on 30 September, with its President, Ms Mahlangu-
Nkabinde in the chair.
The Committee took stock of follow-up by women parliamentarians to the
IPU/UN Handbook on the CEDAW, which was launched in Santiago, Chile. It
also took note of the actions taken by several members in support of Ms
Amina Lawal, a Nigerian woman sentenced to death by stoning for
adultery, which contributed to her acquittal.
The Committee discussed the situation of women's participation at IPU
Assemblies, and the IPU budget and efforts to ensure that it included a
gender perspective. There was also a debate on the difficulties in
implementing article 23.2 of the IPU Statutes, which seeks to ensure
that at least three women sat on the Executive Committee.
ANNEXURE A
PARLIAMENTARY SUPPORT FOR THE IMPLEMENTATION OF THE ROAD MAP FOR PEACE
IN PUTTING AN END TO THE PALESTINIAN-ISRAELI CONFLICT AND ACHIEVING A
COMPREHENSIVE PEACE PROCESS AND JUSTICE IN THE MIDDLE EAST
The 109th Inter-Parliamentary Assembly,
Recalling its resolutions adopted at the 104th Conference, October 2000
(Jakarta), at the 106th Conference, September 2001 (Ouagadougou), and
at the 107th Conference, March 2002 (Marrakech), which called for an
end to the tension and violence in the Middle East,
Reiterating its support for a just and lasting solution to the
Palestinian-Israeli conflict based on the relevant United Nations
resolutions,
Recognising the full acceptance by the Palestinian Authority of the
road map for peace proposed by the Quartet (the United States, the
United Nations, the European Union and the Russian Federation) and
noting the subsequent conditional acceptance of it by Israel,
1. Strongly urges the international community to exert pressure on
Israel to desist from any act aimed at the expulsion of President
Yasser Arafat and to cease all threats to the safety of the
legitimately elected head of the Palestinian Authority;
2. Urges Israel to halt the building of settlements in the occupied
territories, which, along with the demolition of Palestinian homes
and property, is in contravention of the Fourth Geneva Convention
and the road map, to abandon its policy of erecting fences and
imposing paralysing closures, and to stop using its regular army
to police the civilian population and conduct extrajudicial
killings in the occupied territories;
3. Demands that the Palestinian Authority take all necessary
measures to put an end to the violent attacks that result in the
deaths of large numbers of civilians and innocent people;
4. Urges Israel to withdraw completely from all the occupied
territories in order to achieve a comprehensive peace process and
justice in the Middle East in accordance with United Nations and
IPU resolutions;
5. Calls on the UN Security Council and the Quartet to guarantee
the full implementation of the road map, including by sending
international observers to monitor the stage-by-stage
implementation on the ground of the decisions contained in the
road map;
6. Calls on both parties to return to the negotiating table and put
an end to the cycle of violence in order to save lives on both
sides, urges the parties to enact confidence-building measures,
and encourages them to reach an accord through bilateral
negotiations within the framework of the road map;
7. Calls also on both parties immediately to begin considering
building a lasting peace through education for peaceful
coexistence.
ANNEXURE B
THE ROLE OF PARLIAMENTS IN ASSISTING MULTILATERAL ORGANISATIONS IN
ENSURING PEACE AND SECURITY AND IN BUILDING AN INTERNATIONAL COALITION
FOR PEACE
The 109th Assembly of the Inter-Parliamentary Union,
Noting the importance of parliaments as the cornerstone of democracy
and their role in promoting peace,
Considering that peace and justice are two interdependent issues of
fundamental importance to humankind,
Noting that peace is not only a political issue defined by the absence
of violence and war and that it also encompasses cultural, economic,
social and educational issues,
Recognising that not only physical violence but also increasingly acute
social, cultural and ethnic tensions, such as those resulting from
severe pollution, impoverishment of the environment, corruption or
poverty, aggravate the threat to peace and security,
Concerned moreover that the mass of weaponry produced throughout the
world is a threat to the human race, as well as an enormous waste of
resources in terms of human labour, financial investment, and the cost
of stockpiling and deployment,
Recognising the fact that terrorism, including State terrorism and
State-sponsored terrorism, has affected many countries of the world in
a variety of ways for several decades,
Observing that, in the final decade of the last century and the first
years of the present one, peace and security worldwide are still under
threat from terrorism in all its forms and manifestations, armed
internal conflicts, aggression, wars between members of the
international community, occupation and weapons of mass destruction,
Aware that terrorism and organised crime, especially trafficking in
weapons, drugs and human beings, are often closely interrelated, and
welcoming in this context the recent entry into force of the United
Nations Convention against Transnational Organised Crime,
Drawing attention to UN Security Council resolutions 1368 (2001) of
12 September 2001 and 1373 (2001) of 28 September 2001,
Mindful that, to prevent security from being threatened, joint global
counteractive measures are required to combat environmental problems,
Convinced that parliamentarians can play an important role in early
conflict prevention,
Reaffirming its position that internal conflicts in all countries and
their spread into other countries can be averted through mutual respect
and coexistence among the various religious and ethnic groups, as well
as through dialogue and openness and a comprehensive and anticipatory
development policy comprising political, economic, social and
environmental elements,
Also reaffirming IPU resolutions Achieving peace, stability and
comprehensive development in the world and forging closer political,
economic and cultural ties among peoples (103rd Conference, Amman,
April-May 2000), Financing for development and a new paradigm of
economic and social development designed to eradicate poverty (104th
Conference, Jakarta, October 2000), Securing observance of the
principles of international law in the interests of world peace and
security (105th Conference, Havana, April 2001), Ten years after Rio:
global degradation of the environment and parliamentary support for the
Kyoto Protocol (107th Conference, Marrakech, March 2002), and
Importance of the non-proliferation of nuclear, chemical and biological
weapons of mass destruction and of missiles, including the prevention
of their use by terrorists (108th Conference, Santiago de Chile, April
2003),
Convinced that strengthening democracy, promoting human rights and
supporting the peaceful settlement of conflicts are the most effective
means of combating terrorism,
Concerned that the United Nations system has often been unable to
prevent wars between members of the international community, and
reaffirming the paramount importance of all States abiding by the
United Nations Charter and resolutions,
Mindful of the importance of international instruments on the
protection of fundamental human rights and liberties, for men and women
alike,
Welcoming and fully supporting United Nations Security Council
resolution 1325 (2000), entitled "Women and peace and security", and
bearing in mind the specific recommendations on women and war made in
the Beijing Platform for Action, and the outcome document of the
"Beijing+5" Special Session of the United Nations General Assembly,
Stressing that education, particularly human rights education, is
essential, and recognising the positive role that children can play in
building a culture of peace,
Aware of the significant roles played by different sectors of civil
society and of the importance of their cooperation with parliaments to
foster democracy, peace and security,
1. Calls on governments and parliaments to promote reconciliation
processes aimed at achieving sustainable solutions to internal
conflicts;
2. Also calls on all parliaments to do everything possible at the
national level to facilitate the establishment of standing
mechanisms for conflict prevention and resolution, as a way to
promote action geared to achieving real peace;
3. Further calls on all parliamentarians to work hard to limit the
effects of war on civilians, whom they represent, particularly as
regards the vulnerable situation of women and children and the
consequences of rape;
4. Emphasises the need for better control of small arms,
encompassing the trading, trafficking and smuggling of small arms,
in order to reduce the risk of violent conflicts;
5. Unequivocally condemns terrorism as a criminal act, noting that
terrorism endangers the territorial integrity of countries and
their national and international security, destroys innocent lives
and the physical and economic infrastructure, and destabilises not
only legitimately constituted governments but society as a whole;
6. Emphasises the need for the Inter-Parliamentary Union to focus
more closely on the issue of terrorism and its root causes, and to
work with the international community on a definition of
terrorism;
7. Vigorously condemns all terrorist acts, methods and practices,
and considers them criminal and unjustifiable, wherever and by
whomever they are committed;
8. Strongly urges all States and governments worldwide to refrain
from funding or encouraging terrorist activity, supporting it by
any other means, providing training for it or allowing their
territory to be used for organising terrorist activities against
other States, individuals or groups of individuals;
9. Urges the Inter-Parliamentary Union to cooperate closely with
the Counter-Terrorism Committee established under Security Council
resolution 1373 (2001) and the Vienna-based United Nations
Terrorism Prevention Branch, and to promote the implementation of
the Global Programme against Terrorism;
10. Invites all States to consider, if they have not yet done so,
acceding to and/or ratifying international instruments, as
appropriate, in particular the Protocols additional to the Geneva
Conventions and the Rome Statute establishing the International
Criminal Court, and recalls that, in establishing the crimes
falling within the jurisdiction of the International Criminal
Court, the latter's Statute defines rape, sexual slavery, enforced
prostitution, forced pregnancy, enforced sterilisation, or any
other form of sexual violence both as war crimes and, when
committed as part of a widespread or systematic attack directed
against any civilian population, as crimes against humanity;
11. Reaffirms its deep apprehension at the increase in terrorism and
therefore:
(a) Reiterates its call to the world's parliaments to promote
consensus on the United Nations conventions on terrorism,
referring in this connection to the resolution entitled
Terrorism - a threat to democracy, human rights and civil
society: the contribution of parliaments to combating
international terrorism and addressing its causes in order to
maintain international peace and security, adopted by the
107th Conference, Marrakech, March 2002;
(b) Stresses the need to confront the exercise of terror and
eliminate the causes that lead to its development, and urges
all States to enhance cooperation in the fight against
terrorism in all its forms and manifestations;
(c) Reaffirms its commitment to eliminate any perception that
the fight against terrorism is also a fight against particular
cultures, peoples or religions;
(d) Calls for the enhancement of national and multilateral
export administration systems as part of the fight against
terrorism;
(e) Calls on each country to ratify promptly the relevant
international and regional treaties, conventions and protocols
against terrorism;
(f) Calls on parliaments to support the elaboration of a
comprehensive United Nations convention on international
terrorism, and of an international convention for the
suppression of acts of nuclear terrorism;
12. Calls on all parliamentarians to press their governments to
sign, accede to and ratify all international instruments drafted
to eliminate the world's arsenal of weapons;
13. Calls the international community's attention to the need for
best efforts to resolve these issues as peacefully as possible,
and expresses the IPU's firm determination to become involved in
global cooperation for resolving such issues through dialogue
among parliamentarians and cooperation with relevant international
bodies, thus contributing to world peace and security;
14. Calls on all countries to intensify efforts to prevent and curb
the proliferation of weapons of mass destruction, and to
consolidate policies for preventing equipment, materials and
technology which may possibly be used for any proliferation of
such weapons from being transferred, especially to terrorists;
15. Recognises the need for a reform of the United Nations, in
particular by enlarging the Security Council to make it more
representative and effective in addressing issues of international
peace and security;
16. Agrees that peace at a global level can only be achieved through
dialogue, within the framework of international law;
17. Calls on the United Nations to place peace, an issue of grave
human concern, on the agenda of its General Assembly meetings;
18. Calls on the Inter-Parliamentary Union to exercise its right as
an observer to the United Nations to speak during security policy
debates in the United Nations General Assembly;
19. Views with great concern the continuing occupation of
territories belonging to other nations, while noting that any
attempts to disrupt partially or totally the national unity and
territorial integrity of a country are incompatible with the
purposes and principles of the Charter of the United Nations;
20. Calls on the multilateral organisations to support efforts to
achieve the following:
(a) The immediate termination of all forms of occupation;
(b) The formal recognition of the responsibility of all
occupying forces for the remedy of all ills caused by
occupation, including the misappropriation of resources,
damage to infrastructure, deterioration of the environment and
impediments to economic, social, cultural and educational
achievement;
(c) The qualification of occupation as an infringement of
international law;
21. Stresses the importance for the United Nations to enhance its
involvement and play a key role in the reconstruction process in
Iraq, so as to allow the Iraqi people to decide independently on
the measures which they find most suitable and which are
compatible with their aspirations;
22. Further stresses that Article 2 of the United Nations Charter
should be observed in both letter and spirit and that, although
the IPU and other multilateral organisations involved should
assist the Iraqi people in their endeavour to regenerate their own
State, no attempt should be tolerated to impose upon them what
they do not voluntarily accept;
23. Agrees that efforts to promote the concept and culture of peace
and to renounce violence should be encouraged by fostering
intercultural and inter-faith understanding and respect and by
eliminating all forms of discrimination;
24. Calls on parliaments and governments to strengthen measures to
combat poverty, corruption and environmental destruction through
international cooperation, and to devote attention to the gender
implications of conflict;
25. Also calls on governments to ensure that education seeks to
promote respect and understanding, free from false indoctrination
and hatred in various forms;
26. Further calls on parliaments to support national efforts and
international cooperation aimed at promoting education for all,
while paying special attention to human rights education as a
means of fostering the culture of peace;
27. Encourages all parliamentarians to urge their governments and
political parties to promote social justice as a guarantee for the
establishment of lasting peace;
28. Also encourages parliaments to support NGOs, including those
which seek to promote peace through art in all its forms.
ANNEXURE C
GLOBAL PUBLIC GOODS: A NEW CHALLENGE FOR PARLIAMENTS
The 109th Assembly of the Inter-Parliamentary Union,
Recognising the increased globalisation and interdependence among world
economies, and the enormous importance acquired by Global Public Goods,
Stressing the importance of the United Nations Millennium Declaration
in increasing political and economic stability and reducing worldwide
poverty,
Recognising the need for disseminating the concept of Global Public
Goods as a new rationale for international cooperation,
Emphasising the collective responsibility of nations to debate
resolutions to accelerate the process of development assistance by
helping determine, with the appropriate parliamentary debates and
national consultations of constituent groups, the definition of Global
Public Goods and the way to finance them,
Noting the emphasis placed on Global Public Goods by the World Bank,
the United Nations and the Inter-Parliamentary Union in tackling the
problem of world food security,
Further noting that a definition of Global Public Goods will enable
governments to have a greater influence on the development of their
countries, especially with respect to provision of such goods at the
domestic level,
Considering the impact of Global Public Goods on neighbouring countries
and regions,
Emphasising that the consumption of traditionally defined Global Public
Goods by one person does not reduce the possible consumption by
another, irrespective of income levels,
Acknowledging that countries have differing incomes, economic
structures and social priorities,
1. Calls on both developed and developing countries to recognise
that Global Public Goods have trans-national effects and therefore
require joint assumption of responsibility;
2. Calls on both developed and developing countries to promote an
active debate among public policy makers, civil society,
businesses and academia, while stimulating further research on the
subject of Global Public Goods;
3. Urges governments, parliaments, international organisations and
donor agencies to channel financial resources to poor countries,
especially those in the Heavily Indebted Poor Countries (HIPC)
category, and to pay special attention to the debt burden of
developing countries, which hinders them from providing Global
Public Goods at the domestic level;
4. Emphasises the need for close cooperation among governments,
parliaments, businesses, international organisations and NGOs if
Global Public Goods are to play a role in the pursuit of economic
growth, which is necessary for the eradication of world poverty,
but which should not be achieved at the expense of the
environment;
5. Urges the representatives of States to meet to evaluate
preferences for Global Public Goods that cross borders;
6. Encourages governments jointly to identify and rank various
Global Public Goods in order of financial feasibility and ease of
implementation in order to lessen friction arising from the choice
of alternatives;
7. Stresses the need to build financial solutions on the principle
that nobody should be able to gain from Global Public Goods at the
expense of another person and on the principles agreed upon at the
UN Summit Meetings, for example the "polluter pays" principle;
8. Urges the governments of developed and developing countries to
ensure that Global Public Goods are not financed at the expense of
traditional sources of development finance;
9. Calls on governments to convene in a forum to exchange
information about various financing mechanisms, including
innovative use of private sources of funding, to be managed within
the framework of the World Solidarity Fund adopted by the United
Nations on 20 December 2002;
10. Calls on the IPU Member parliaments to encourage governments to
adopt, if required, the legal frameworks needed to institute
agreed financing mechanisms, and to monitor the pursuit by
governments of the above-mentioned objectives.
ANNEXURE D
THE CONTRIBUTION OF NEW INFORMATION AND COMMUNICATION TECHNOLOGIES TO
GOOD GOVERNANCE, THE IMPROVEMENT OF PARLIAMENTARY DEMOCRACY AND THE
MANAGEMENT OF GLOBALISATION
The 109th Assembly of the Inter-Parliamentary Union,
Hoping that the new information and communication technologies (NICTs)
will help to build a more peaceful, more prosperous and fairer world
based on global public goods in all their diversity,
Convinced that the NICTs can bring about significant political,
economic and social changes that will reduce distances and generate new
cultures and markets, although they give rise to concerns as well as
hopes,
Also convinced that the NICTs play an increasingly important role in
socio-cultural, economic and political development in an era of
globalisation,
Mindful that the NICTs facilitate the sharing of knowledge among
peoples,
Fully supporting the forthcoming World Summit on the Information
Society, as a unique opportunity to foster the global consensus and
commitment required to harness the power of the NICTs to advance human
development,
Mindful that the NICTs as such are not the solution to the world's
problems but rather tools, mechanisms and opportunities that require
the political will of society and cooperation among States in order to
ensure that they serve the goals pursued at the national and
international level,
Emphasising the many financial, economic and social restrictions and
barriers hindering the use of the NICTs in developing societies,
including inadequate financial resources to cover the huge investments
needed in this field, a shortage of managers and skilled personnel,
weak demand for such services due to limited purchasing power and low
incomes, and the rising costs of the services provided by the NICTs,
Recalling that good governance requires, within each country and at the
international level, an ethic for the management of the State and its
resources based on principles and norms that include requirements of
transparency, accountability, communication, respect for the rule of
law, an independent judiciary and a liberal and democratic State that
protects human rights, guarantees clear rules for the free play of
market forces and favours the unfettered development of civil society
in all its cultural, economic, societal and political dimensions,
enabling it to exercise a democratic power of initiative and oversight,
Underscoring that traditional means of communication, transparency and
accountability, no matter how indispensable, can be enhanced by the
NICTs to further good management of governance,
Recalling that the NICTs facilitate the defence and promotion of human
rights and gender equality,
Asserting that without an appropriate public policy, the NICTs cannot
be a factor of shared progress,
Noting that the majority of the developing countries have lagged behind
the North in the economic and social field, fearing that the extremely
rapid development of the NICTs may further widen the digital divide
between industrialised and developing countries, and recognising the
need to narrow the gap,
Placing great importance on mutual cooperation between industrialised
and developing countries for further promotion of the NICTs on a
worldwide basis,
Acknowledging that the NICTs can enhance but do not obviate the duty of
national parliaments to take responsibility for good governance and
parliamentary democracy in their own countries,
Mindful that if citizens are to fulfil their duties and assert their
rights, they must be able to access and utilise information,
Aware that the NICTs can be a very useful tool for consolidating and
renewing parliamentary democracy by allowing better participation by
all citizens,
Noting that the NICTs make it easier to manage and participate in the
globalisation process, especially as far as the international
organisations are concerned,
Hoping that the NICTs will be used for development, and noting the
importance of the NICTs as an integral part of efforts to combat
poverty and discrimination and achieve the millennium goals,
Recalling that the NICTs advance education and training which are
essential for development and gender equality,
Mindful that each state has a duty to ensure that the NICTs are
acquired and utilised properly,
Regretting that the NICTs have to a large extent been used for so-
called spam mail and destructive purposes involving anti-democratic
messages and degrading pornographic content and including unregulated
weapons trading,
1. Calls on parliaments to support the successful completion of the
World Summit on the Information Society and to take the necessary
steps to ensure that their representatives are included in the
national delegations to the Summit;
2. Calls on parliaments and their members to make full use of the
NICTs:
to enhance the effectiveness, efficiency and transparency of
their activities and to better connect with the electorate;
to expand inter-parliamentary relationships and cooperation at
bilateral and multilateral levels, thus enhancing
parliamentary democracy and diplomacy;
3. Urges the establishment of appropriate aid mechanisms, including
an NICTs observatory for Africa and other disadvantaged regions,
and recommends the establishment of a network of correspondents
among IPU member parliaments;
4. Recommends that each parliament put in place the necessary
structures to follow up and monitor annually the development of e-
government in its country so as to guarantee its transparency for
citizens and democracy;
5. Urges governments to take the necessary steps to ensure free
community access to those NICTs that guarantee good governance;
6. Calls on the international community to seek further means of
closing the South's NICT gap;
7. Invites the international community to promote NICT training for
managers and technicians from the South;
8. calls on international organisations and NGOs to promote
knowledge sharing in this area and the establishment of NICT
networks, in cooperation with partners from both the South and the
North;
9. Urges governments to use the NICTs to broaden distance
education, which can reach groups of people that otherwise would
not have access to education;
10. Draws governments' attention to the need to strengthen the
personal protection and security of the users of the NICTs and to
strive for legislation on international range;
11. Urges governments to find ways to limit the use of spam mail and
the use of the NICTs for destructive purposes;
12. Supports all NICT-related initiatives aimed at respecting and
promoting linguistic and cultural diversity;
13. Calls for the introduction of national and regional policies
that incorporate the development of information and communication
infrastructures and existing resources;
14. Calls on the international community to promote the use of the
NICTs to enhance civic involvement in public decision-making;
15. Also calls on governments to see to it that the NICTs are
acquired and used properly with a view to guaranteeing good
governance and avoiding all forms of discrimination;
16. Encourages States to put in place national strategies centred on
education, including basic and digital literacy, for the
implementation of the information society;
17. Calls for strengthened national efforts and international
cooperation in order to prevent and combat the use of the NICTs
for criminal and terrorist ends;
18. Encourages national policies and international action aimed at
ensuring that the NICTs serve gender equality and the empowerment
of women;
19. Invites parliaments to take legislative action with the aim of
providing an environment conducive to the dissemination,
development and secure use of the NICTs;
20. Reaffirms the principle of freedom of expression in cyberspace,
with the restrictions required by the fight against terrorism,
pornography, trafficking in human beings, organised crime, racism,
revisionism and discrimination;
21. Stresses the need to facilitate Internet hook-ups by breaking
the monopoly of the telephone companies and promoting cheaper
alternative solutions;
22. Considers that the new technologies must help to integrate
generations and social groups;
23. Stresses that the IPU can contribute to strengthening North-
South and South-South cooperation in the NICT field via
appropriate mechanisms;
24. Urges the Inter-Parliamentary Union to create a climate
conducive to the advent of the information society by:
Encouraging the use of the NICTs in the organisation of
elections so as to guarantee the democratic process,
particularly in the countries of the South;
Strengthening the role of parliaments in following up
decisions and resolutions relating to the information society
by monitoring and implementing commitments made by governments
in the NICT field;
Encouraging parliaments to commit themselves to knowledge
acquisition, consultancy and assistance in the NICT field with
a view to consolidating parliamentary democracy;
Further helping parliaments from emerging democracies and
developing countries to take full advantage of the NICTs, by
means of its technical assistance programmes.
FRIDAY, 23 JANUARY 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Bills returned to Executive
As in the opinion of the Presiding Officers the Children's Bill [B 70 -
2003], introduced in the National Assembly on 11 November 2003,
contains both section 75 and section 76 provisions, the Bill was
removed from Parliament and returned to the Minister of Social
Development on 19 January 2004.
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
(a) Activity Report of the Auditor-General for the financial year
2002-2003 [RP 222-2003].
(b) Report of the Auditor-General on the Financial Statements of the
Maize Board for the year ended 30 April 2002 [RP 194-2003].
- The Minister of Home Affairs
Agreement regarding the Abolition of Visa Requirements for Diplomatic,
Official and Service Passport Holders between the Government of the
Republic of South Africa and the government of the Republic of France,
tabled in terms of section 231(3) of the Constitution, 1996.
- The Minister of Finance
(a) Report and Financial Statements of the Registrar of Pension
Funds for 2002.
(b) Government Notice No R1454 published in Government Gazette No
25557 dated 8 October 2003: Regulations: Procedures for submitting
returns in electronic format and requirements for electronic
signatures, in terms of the Income Tax Act, 1962 (Act No 58 of
1962).
(c) Government Notice No 1610 published in Government Gazette No
25655 dated 30 October 2003: Statement of the National and
Provincial Governments' Revenue, Expenditure and National
Borrowing as at 30 September 2003 in terms of the Public Finance
Management Act, 1999 (Act No 1 of 1999).
(d) Government Notice No 1721 published in Government Gazette No
25756 dated 25 November 2003: Determination of interest rates of
the Seventh Schedule, in terms of the Income Tax Act, 1962 (Act No
58 of 1962).
- The Minister of Arts, Culture, Science and Technology
(a) Report and Financial Statements of the Northern Flagship
Institutions (NFI) for 2002-2003, including the Report of the
Auditor-General on the Financial Statements for 2002-2003 [RP 172-
2003].
(b) Replies from the Minister of Arts, Culture, Science and
Technology in regard to the 30th report of the Standing Committee
on Public Accounts, 2003:
Referred to the Standing Committee on Public Accounts.
- The Minister of Public Enterprises
Report and Financial Statements of South African Forestry Company
Limited (SAFCOL) for the year ended 30 June 2003, including the Report
of the Independent Auditors on the Financial Statements for the year
ended 30 June 2003.
- The Minister of Trade and Industry
Report of the South African Council for the Non-Proliferation of
Weapons of Mass Destruction for the year ended 30 June 2001.
- The Minister of Water Affairs and Forestry
(a) Report and Financial Statements of Bloem Water for the year
ended June 2003, including the Report of the Independent Auditors
on the Financial Statements for the year ended June 2003.
(b) Report and Financial Statements of Bushbuckridge Water for the
year ended June 2003, including the Report of the Independent
Auditors on the Financial Statements for the year ended June 2003.
(c) Government Notice No 3435 published in Government Gazette No
25865 dated 19 December 2003: Call for nominations of persons to
serve on the Water Tribunal, in terms of the National Water Act,
1998 (Act No 36 of 1998).
(d) Government Notice No 18 published in Government Gazette No 25897
dated 9 January 2004: Release of part of the la Motte State Forest
which is no longer required for forestry purposes, in terms of
section 50(4) of the National Forest Act, 1998 (Act No 84 of
1998).
WEDNESDAY, 28 JANUARY 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Reintroduction of Bills
(1) The Minister of Social Development:
(i) Children's Bill [B 70 - 2003 (Reintroduced)] (National
Assembly - sec 75) [Explanatory summary of Bill and prior
notice of its introduction published in Government Gazette No
25346 of 13 August 2003.]
Introduction and referral to the Portfolio Committee on Social
Development of the National Assembly, as well as referral to the
Joint Tagging Mechanism (JTM) for classification in terms of Joint
Rule 160, on 28 January 2004.
NOTE:
The Portfolio Committee on Social Development has been
instructed by the Speaker in terms of National Assembly Rule
249(3)(c) to consult the Portfolio Committee on Justice and
Constitutional Development, the Joint Monitoring Committee on
Improvement of Quality of Life and Status of Children, Youth
and Disabled Persons and any other committee that has a direct
interest in the substance of the Bill.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Finance
Government Notice 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).
National Council of Provinces
- The Chairperson
The following statement has been submitted to the National Council of
Provinces by the MEC of Traditional Affairs, Safety and Security and
Local Government in KwaZulu-Natal under section 106(3) of the Local
Government: Municipal Systems Act, 2000 (Act No 32 of 2000):
Statement in terms of section 106(3) of the Local Government:
Municipal Systems Act, 2000 with respect to eThekwini
Municipality, KwaZulu-Natal.
The statement is referred to the Select Committee on Local Government
and Administration.
Copies of the statement are available from the office of the Clerk of
the Papers.
THURSDAY, 29 JANUARY 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Assent by President in respect of Bills (1) Local Government: Municipal Systems Amendment Bill [B 49D - 2003] - Act No 44 of 2003 (assented to and signed by President on 22 January 2004); and
(2) General Intelligence Laws Amendment Bill [B 47D - 2003] - Act No
52 of 2003 (assented to and signed by President on 22 January
2004).
MONDAY, 2 FEBRUARY 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Translations of Bills submitted
(1) The Minister of Health
(i) Wysigingswetsontwerp op Tandtegnici [W 63 - 2003]
(National Assembly - sec 76)
This is the official translation into Afrikaans of the Dental
Technicians Amendment Bill [B 63 - 2003] (National Assembly - sec
76).
TABLINGS
National Council of Provinces
- The Chairperson
The President of the Republic submitted the following letter dated 21
January 2004 to the Chairperson of the National Council of Provinces
informing Members of the National Council of Provinces 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 IN ASSISTING THE GOVERNMENT OF THE REPUBLIC OF IRAN
IN A SEARCH AND RESCUE MISSION
This serves to inform the National Council of Provinces that I
authorised the employment of the South African National Defence
Force (SANDF) personnel to fulfil the international obligations of
the Republic of South Africa in assisting the government of the
republic of Iran in a search and rescue mission as a result of the
devastating earthquake in the province of Bam.
This employment was authorised in accordance with the provisions
of section 82(4)(b)(ii) read with section 227(1)(d) of the
Constitution of the Republic of South Africa, 1993 (Act No 200 of
1993), [which sections continue 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 together with sections
18(1) and 11 of the Defence Act, 2002 (Act No 42 of 2002).
A total of 13 crew members from the South African Air Force is
employed for the mission.
One 707 SAAF Boeing is utilised for the mission.
The duration of the mission is 4 days.
The total estimated cost for two return flights is R2 724 241. The
final cost may fluctuate due to weather conditions and possible
diversions. The Department of Foreign Affairs if responsible for
the costs of this Deployment.
I will also communicate this report to the Members of the National
Assembly, and wish to request that you bring the contents of this
report to the notice of the National Council of Provinces.
Regards
SIGNED
T M MBEKI
WEDNESDAY, 4 FEBRUARY 2004
TABLINGS
National Council of Provinces
- The Chairperson
The following statement has been submitted to the National Council of
Provinces by the MEC for Developmental Local Government and Housing in
the North West Province in terms of section 139(3)(a)(ii) of the
Constitution of the Republic of South Africa, 1996 (Act No 108 of
1996):
Intervention in terms of section 139(1)(c) of the Constitution of
the Republic of South Africa, 1996 (Act No 108 of 1996) into Lekwa
Teemane Local Municipality.
Referred to the Select Committee on Local Government and
Administration.
Copies of the statement are available from the Office of the Clerk of
Papers.
- The Chairperson
The following notice has been submitted to the National Council of
Provinces by the MEC for Housing, Local Government and Traditional
Affairs in the Eastern Cape in terms of section 139(2)(b) of the
Constitution of the Republic of South Africa, 1996 (Act No 108 of
1996):
Intervention in terms of section 139(1)(b) of the Constitution of
the Republic of South Africa, 1996 (Act No 108 of 1996) into
Qaukeni Local Municipality.
Copies of the notice are available from the Office of the Clerk of
Papers.
COMMITTEE REPORTS
National Council of Provinces
-
Report of the Select Committee on Labour and Public Enterprises on the Telecommunications Amendment Bill [B 65B - 2003] (National Assembly - sec 75), dated 4 February 2004:
The Select Committee on Labour and Public Enterprises, having considered the subject of the Telecommunications Amendment Bill [B 65B - 2003] (National Assembly - sec 75), referred to it, reports that it has agreed to the Bill.
FRIDAY, 6 FEBRUARY 2004
ANNOUNCEMENTS
National Council of Provinces
- Intervention in Qaukeni and Lekwa Teemane Local Municipalities
(1) An ad hoc committee has been established in terms of Rule
160(1)(b) to consider whether the National Council of Provinces is
to approve or disapprove the intervention made by the province of
the Eastern Cape in the Qaukeni Local Municipality in terms of
section 139(1)(b) of the Constitution.
The following members have been appointed to serve on the ad hoc
committee:
Majodina, P C P
Vilakazi, J N
Kondlo, N C
Horne, J
The ad hoc committee is to report to the Council by 11 February
2004.
(2) An ad hoc committee has been established in terms of Rule
160(1)(b) to consider whether the National Council of Provinces is
to approve or disapprove the intervention made by the province of
the North West in the Lekwa Teemane Local Municipality in terms of
section 139(1)(c) of the Constitution.
The following members have been appointed to serve on the ad hoc
committee:
Mkhaliphi, B J
Lever, L G
Nyakane, R M
Lubidla, E N
Mashangoane, R P
The ad hoc committee is to report to the Council by 11 February
2004.
MONDAY, 9 FEBRUARY 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Assent by President in respect of Bills
(1) Agricultural Produce Agents Amendment Bill [B 53B - 2003] - Act
No 47 of 2003 (assented to and signed by President on 28 January
2004);
(2) Restitution of Land Rights Amendment Bill [B 42D - 2003] - Act
No 48 of 2003 (assented to and signed by President on 28 January
2004); and
(3) Spatial Data Infrastructure Bill [B 44D - 2003] - Act No 54 of
2003 (assented to and signed by President on 28 January 2004).
National Council of Provinces
- Membership of Ad hoc Committee on Intervention in Lekwa Teemane Local Municipality
The following change has been made to the membership of the ad hoc
committee, viz:
Appointed: Raju, N M
Discharged: Horne, J
COMMITTEE REPORTS National Council of Provinces
-
Report of the Select Committee on Land and Environmental Affairs on the National Environmental Management: Biodiversity Bill [B 30D - 2003] (National Council of Provinces - sec 76), dated 4 February 2004:
The Select Committee on Land and Environmental Affairs, having considered the National Environmental Management: Biodiversity Bill [B 30D - 2003] (National Council of Provinces - sec 76), amended by the National Assembly and referred to the Committee, reports that it has agreed to the Bill.
Report to be considered.
TUESDAY, 10 FEBRUARY 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Assent by President in respect of Bills
(1) National Environmental Management Amendment Bill [B 29 - 2003] -
Act No 46 of 2003 (assented to and signed by President on 9
February 2004); and
(2) Local Government: Municipal Finance Management Bill [B 1D -
2002] - Act No 56 of 2003 (assented to and signed by President on
9 February 2004).
National Council of Provinces
- Intervention in Lekwa Teemane Municipality
The National Council of Provinces has established an Ad Hoc Committee
on the Intervention in the Lekwa Teemane Municipality in terms of
section 139(1)(c) of the Constitution.
The Ad Hoc Committee travelled to the Municipality on 8 February 2004
to meet with relevant stakeholders. The Ad Hoc Committee is scheduled
to return to Cape Town on 11 February 2004. The report of the Ad Hoc
Committee will be distributed to all Members on 11 February prior to
the plenary that afternoon.
- Intervention in Qaukeni Municipality
The National Council of Provinces has established an Ad Hoc Committee
on the Intervention in the Qaukeni Municipality in terms of section
139(1)(b) of the Constitution.
The Ad Hoc Committee travelled to the Municipality on 8 February 2004
to meet with relevant stakeholders. The Ad Hoc Committee is scheduled
to return to Cape Town on 11 February 2004. The report of the Ad Hoc
Committee will be distributed to all Members on 11 February prior to
the plenary that afternoon.
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Arts, Culture, Science and Technology
(a) Report and Financial Statements of the National Advisory Council
on Innovation for 2002-2003.
(b) Report and Financial Statements of the Nelson Mandela Museum for
2001-2002, including the Report of the Auditor-General on the
Financial Statements for 2001-2002.
- The Minister of Public Enterprises
Report and Financial Statements of DENEL (Pty) Limited 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 Economic and Foreign Affairs on Protocol on the Amendments to the Constitutive Act of the African Union, dated 4 February 2004:
The Select Committee on Economic and Foreign Affairs, having considered the request for approval by Parliament of the Protocol on the Amendments to the Constitutive Act of the African Union, 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 Economic and Foreign Affairs on Southern African Customs Union Agreement between the Governments of the Republic of Botswana, the Kingdom of Lesotho, the Republic of Namibia, the Republic of South Africa and the Kingdom of Swaziland, dated 4 February 2004:
The Select Committee on Economic and Foreign Affairs, having considered the request for approval by Parliament of the Southern African Customs Union Agreement between the Governments of the Republic of Botswana, the Kingdom of Lesotho, the Republic of Namibia, the Republic of South Africa and the Kingdom of Swaziland, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Agreement.
Report to be considered.
- Report of the Select Committee on Education and Recreation on Annual Report, dated 26 January 2004:
Insert ATC100204.e
- Report of the Select Committee on Land and Environmental Affairs on Annual Report, dated 27 January 2004:
Insert ATC100204.e1
WEDNESDAY, 11 FEBRUARY 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Assent by President in respect of Bills
(1) Environment Conservation Amendment Bill [B 45D - 2003] - Act No
50 of 2003 (assented to and signed by President on 10 February
2004).
- Introduction of Bills
(1) The Speaker and the Chairperson
(i) Public Audit Bill [B 1 - 2004] (National Assembly - sec
75)
Introduction by the Ad Hoc Committee on Public Auditing Function
of the National Assembly, as well as referral to the Joint Tagging
Mechanism (JTM) for classification in terms of Joint Rule 160, on
12 February 2004.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the Joint Tagging Mechanism (JTM)
within three parliamentary working days.
- Bills passed by Houses - to be submitted to President for assent
(1) Bill passed by National Council of Provinces on 11 February
2004:
(i) National Environmental Management: Biodiversity Bill [B
30D - 2003] (National Council of Provinces - sec 76)
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
Recommendations of the Joint Ad Hoc Subcommittee on Oversight and
Accountability which were adopted by the Joint Rules Committee on 25
March 2003:
The Report of the Joint Rules Committee on the Implementation of
the Recommendations of the Joint Ad Hoc Subcommittee on Oversight
and Accountability, dated 17 November 2003, was published in the
ATC of the same day. The Report did not contain the full set of
recommendations of the Subcommittee.
At its meeting held on 26 November 2003, the Joint Rules Committee
resolved that the full set of resolutions contained in the final
report of the Joint Ad Hoc Subcommittee on Oversight and
Accountability be published in the ATC.
The following is the full set of resolutions including those
published on 17 November 2003:
Developing an understanding of oversight
Recommendation 1
The Subcommittee recommends that:
1.1 Parliament through the Joint Rules Committee (JRC),
compiles a document "landscaping" the Constitutional
provisions dealing with the inter-related themes of Oversight,
Accountability, Transparency and responsiveness, and outlining
international trends. Such a document should also include
inputs from key constitutional negotiators either in the form
of commissioned research or essays, (preferably both).
1.2 Following the tabling of the abovementioned document,
debates, workshops and discussions should be programmed and
organised within Parliament, first amongst MP's themselves,
and then later on expanded to include other stakeholders.
These debates and discussions should have as their objective
the development of a broad understanding of the Oversight Role
and Purpose of Parliament within our Constitutional democracy.
Coordination between the Houses
Recommendation 2
The Subcommittee recommends that:
2.1 The JRC initiate a process aimed at drafting guidelines
for portfolio and select committees to allow inter-alia for
joint planning of oversight work.
2.2 A process should be initiated to establish protocols to
ensure structured communication between committees through
streamlining of the committee section, which would allow for
more effective and formal communication between committees of
both Houses that embark on mutual interest oversight work and
briefing sessions.
Building Parliament's Oversight Capacity
Recommendation 3
The Subcommittee recommends that:
3.1 The Joint Rules Committee begins a process aimed at
producing a long term institutional Vision and Mission
Statement aimed at building Parliament's oversight
capabilities through adequate resourcing and capacity building
in committees, Constituency offices and within Parliament's
administrative support structures - in particular the
Committee section where a record-keeping system, and tracking
mechanisms are required to be established.
3.2 Parliament adopts a policy requiring each new Parliament
to assess and review its oversight capabilities once during
its five-year lifespan.
Institutions Supporting Democracy
Recommendation 4
The Subcommittee recommends that:
The matters of independence of the ISD, the more co-ordinated
interaction between Parliament and the ISD, the effectiveness of
the oversight role of the ISD, their budgetary procedures and
their accountability to Parliament, be the subject of a more
extensive consultation process that should involve all role-
players. This kind of process we believe should be initiated by
Parliament and that it would be for Parliament to decide how best
to engage in this process.
Developing and Institutional Memory
Recommendation 5
The Subcommittee recommends that:
Parliament, urgently takes measures to develop a Best Practice
Guide to capture inter-alia the best oversight practices of
committees and the experiences of chairpersons of various Select
and Portfolio Committees.
Fine tuning and development of Oversight Mechanisms
Recommendation 6
The Subcommittee recommends that:
6.1 Parliament commissions an audit of the various bodies
exercising public powers pr performing public functions and which
should in addition be clearly delineate which line function
departments are responsible for the various organs of state.
Portfolio and Select Committees within parliament will
consequently assume the necessary oversight responsibility.
6.2 Parliament through the JRC develops a policy aimed at
meeting its constitutional obligations set out in s 55(2)(b)(ii).
6.3 Such a policy should consider the necessity for basic
legislation giving effect to s 55(2) on issues of oversight and
accountability and dealing especially with organs of state
directly accountable to Parliament.
6.4 The JRC develops a policy allowing for more debates on
committee oversight reports to be programmed. These debates should
take the form of MPs raising issues of concern based on the report
tabled and Ministers responding to those issues.
Introducing Oversight Mechanisms: Accountability Standards Act
Recommendation 7*
The Subcommittee recommends that:
Option 1
Parliament should begin a formal process of evaluating its
oversight activities as distinct from its legislative role and
developing a manual on Accountability and Oversight for MPs and
Committees, with the intention of constantly developing and
refining such a manual.
Option 2
Parliament should adopt the recommendation as proposed by the
consultant's that an Accountability Standards Act be enacted.
(* Joint Rules Committee still has to decide on which option to
adopt)
Bringing Parliament's oversight role to bear on the Budget Process
Recommendation 8
The Subcommittee noting the inextricable link between effective
Parliamentary oversight and Parliament's role in the budget
process recommends that:
Parliament develops a formal process to enact legislation in terms
of section 77(2) of the Constitution.
COMMITTEE REPORTS
National Council of Provinces
- Report of the Select Committee on Local Government and Administration on Annual Report, dated 4 February 2004:
Insert ATC110204.e
- Report of the Select Committee on Security and Constitutional Affairs on Annual Report, dated 11 February 2004:
Insert ATC110204.e1
- Report of the Ad Hoc Committee on Intervention in Lekwa Teemane Local Municipality, dated 11 February 2004:
INSERT “lekwa2.doc”
Report to be considered.
- Report of the Ad Hoc Committee on Intervention in Qaukeni Local Municipality, dated 11 February 2004:
INSERT “qaukeni.doc”
Report to be considered.