National Council of Provinces - 17 February 2004
TUESDAY, 17 FEBRUARY 2004 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 14:00.
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.
QUESTIONS AND REPLIES - see that book.
RESULT OF BY-ELECTION HELD IN KWAZULU-NATAL
(Draft Resolution)
Mr K D S DURR: Mr Chairman, I move without notice:
That the Council -
(1) Notes -
(a) the result of the recent by-election held on 11 February in ward
12 in Ladysmith, KwaZulu-Natal;
(b) that the ACDP has increased its share of the votes by 200%,
namely from 4.1% in 2000 to 13.7% of votes cast;
(c) that the DA vote has decreased from 62.98% in 2000 to 44.29%;
and
(d) that the increased share of the vote for the ACDP indicates an
increased awareness among the electorate to return to policies
promoting family values, social stability and economic growth;
and
(2) acknowledges the active participation of all those who came out to vote for their respective parties and all officials involved in making this by-election a success.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Is there any objection to the motion? [Interjections.] There is an objection to the motion. Therefore, the motion may not be proceeded with. The motion without notice will now become notice of a motion.
THE ABOVE-AVERAGE FLEXIBILITY OF SOUTH AFRICA'S LABOUR MARKET
(Draft Resolution)
Mrs E N LUBIDLA: Chairperson, I move without notice:
That the Council -
(1) notes that, according to the World Bank, labour market flexibility in our country is well above average, while recent research shows that South African productivity compares well with the global average and that the real cost of labour is falling;
(2) is appalled, therefore, at the DA’s call for Government to make our labour market more flexible;
(3) believes that the DA’s policy of a less regulated workplace will not create jobs but will reverse the hard-fought gains of workers, lead to the scrapping of minimum wages and make the hiring and firing of workers easier;
(4) further believes that this will perpetuate conditions of poverty even among employed workers; and
(5) commends our ANC Government on the implementation of a legislative framework that -
(a) increases the protection of workers;
(b) extends protection to marginalised sectors such as farmworkers
and domestic workers; and
(c) promotes greater stability in the workplace.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Is there any objection to that motion? There is an objection to the motion. In the light of the objection, the motion may not be proceeded with. The motion without notice will now become notice of a motion.
AMENDMENT OF A RESOLUTION TAKEN BY THE COUNCIL ON 11 FEBRUARY 2004
(Draft Resolution)
Mr D M KGWARE: Mr Chairperson, I move without notice:
That the Council resolves that the resolution adopted by the Council on 11 February 2004, and reflected in the Minutes of Proceedings of that day, be amended by the substitution in paragraph 4 of Item 5 of the word “unqualified” by the word “underqualified”.
Motion agreed to in accordance with section 65 of the Constitution.
MOTION OF CONDOLENCE
(The late Archbishop Denis Hurley)
Mrs C NKUNA: Mr Chairperson, I move without notice:
That the Council -
(1) mourns with a deep sense of loss the passing away of Archbishop
Dennis Hurley;
(2) remembers him as a dedicated and tireless activist and a
believer in reconciliation, communal harmony and social justice;
(3) expresses its sincere condolences to the members of his bereaved
family; and
(4) wishes them strength to bear the pain of this untimely loss.
Motion agreed to in accordance with section 65 of the Constitution.
MOTION OF CONDOLENCE
(The late Mr Sipho Sydney Makana)
Mr G A LUCAS: Mr Chairperson, I move without notice:
That the Council -
(1) notes with sadness the untimely passing away of Mr Sipho Sydney Makana;
(2) recalls his invaluable contribution to the establishment of our democracy as a freedom fighter, as a member of the Senate of the post-apartheid Parliament and later as South Africa’s Ambassador to Vietnam;
(3) believes Mr Makana leaves behind a legacy of activism in the most difficult of circumstances and an active movement of people to continue the monumental tasks of consolidating democracy; and
(4) further believes that, in this sad moment, we cannot do better than to pledge to continue the struggle fought by him until complete justice is attained.
Motion agreed to in accordance with section 65 of the Constitution. CONSIDERATION OF REPORT OF SELECT COMMITTEE ON PUBLIC SERVICES - ANNUAL REPORT
Ms P C P MAJODINA: Kwekhu, yande nale nkqubo, Sihlalo. Enkosi Sihlalo. [Alas! This is such a long programme, Chair. Thank you, Chair.]
Deputy Chairperson, in terms of Rule 102, subsection 2(b), the committee is obliged and required to report to this Council on its activities at least once a year. Furthermore, section 6(a) of the Constitution bestows upon the NCOP or its committee discretionary powers to summon any person to appear before it in order to give evidence under oath or affirmation or to produce documents.
This has been adhered to by our committee, and the following organisations or institutions were therefore summoned: the SA Taxi Council’s executive committee; the SA National Road Agency Limited, led by their CEO, Mr Nazir Ali; the Department of Public Works; the Department of Housing; the Department of Transport, and the Commission on the Road Accident Fund, led by Judge Kathleen Satchwell.
We have played an effective and robust oversight role with regard to the above-mentioned departments when it comes to improvement in the quality of the lives of all South Africans.
The following pieces of legislation were processed: the National Ports Authority Bill, after taking a long, protracted journey from the portfolio committee to the NCOP, was dealt with, but later withdrawn. However, the aim of the Bill was to establish an independent authority to manage and own ports, as well as to remove the authority over ports from the management of Transnet.
The National Roads Traffic Amendment Bill was finalised by the committee and adopted by this august House. This Bill was proposing to provide, anew, a period in which driving licences contained in the ID documents and those that are not contained therein shall be deemed to be driving licences in terms of this Act, and to empower the Minister of Transport to set different dates.
It is with great pleasure that I give an overview of the Select Committee on Public Services. This is a committee with dedicated permanent delegates from all provinces, except one, namely the Western Cape. Mrs Versveld used to attend temporarily, but she has now decided to stay away altogether from the committee.
Nevertheless, the committee works in unison, as a team, with the desirable political vibrancy, and allows space for any form of constructive criticism. There are positive contributions by individual members towards the mandated vision and mission statement of the committee, the details of which I will not go into now as it is contained in your report, members.
Although clustered around three departments, often our work does not balance with these arrangements owing to the fact that our priority plans get frustrated by institutional last-minute changes and corresponding times. As a result, the committee tends to focus on its activities and participation only in two departments, namely Housing and Transport, owing to the inclusive, accommodative and receptive nature of our relationship with them.
Therefore, we note with great concern that we are unable to play a more proactive oversight role regarding the Public Works department, a department that we view as a key institution in the efforts to push back the frontiers of poverty. It is our belief that with regard to the deteriorating state of our country’s rural roads infrastructure and property of Government, this department ought to make a more meaningful contribution.
One point that deserves particular mention here is the clustering of the committees in the NCOP as a whole. While the number of permanent delegates remains a fundamental issue, with constitutional implications, of course, the clustering of three to five departments into various one-shop entities in the NCOP system does not assist the members to focus on and specialise in their work.
Members serve on more than one select committee with various Government portfolios or departments, and can never be expected to pay the necessary attention as well as play the active role that is expected of them. As a result, members lose focus.
The mere fact that members are expected to serve on all these committees places an unfair demand on them. The absence of a researcher to support the committee during the period of reporting also deserves particular mention. The committee was incapacitated and derailed in terms of research capacity, owing to an apparent resignation of a committee researcher. The management did not even have the courtesy to inform the committee about this resignation, let alone recruit, appoint or replace him/her with somebody to assist the committee on a full-time basis.
With regard to provincial oversight, it suffices to state that during the same period, no provincial visit or study tours, as outlined in the 2003 programme, were undertaken merely because of a tight parliamentary programme. Nevertheless, public participation is initiated through media programmes dealing with our areas of focus, namely housing subsidy schemes, Arrive Alive, the Road Accident Fund, Taxi Recapitalisation, etc.
Suggestions that were made were forwarded to the relevant departments. The committee identified the need for a snap debate on the Arrive Alive campaign, which struck a high note in this House shortly before the start of the festive season, in order to sensitise the members and the entire public about the importance and the seriousness of road safety.
The committee was, once again, handicapped for three months when it had to operate without the services of a committee secretary or a committee assistant secretary, who was forcefully taken away from us to the portfolio committee. We fought tooth and nail, with the backing of the Chair of Committees, uMam’ uJoyce Kgoali, and Deputy Chairperson, uTat’ uMahlangu. They put the last nail in the coffin of the committee section. Thank you, MaKgoali and Deputy Chairperson, we managed to get them back.
The committee would also like to thank MaKgoali for her leadership; her transparent, unwavering and honest leadership to committees. At times we wake her up at five o’clock because we are stranded somewhere and cannot get to other areas where we are supposed to play our oversight role. But she has always been there for us. Thanks to the support staff for their commitment and their diligence in serving this committee. Deputy Chairperson, I also wish to thank all the members of this House, specifically the members who participated in this select committee. I think I’m standing here for the last time on behalf of the committee, before the election victory of the ANC. I thank you. [Applause.]
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON ECONOMIC AND FOREIGN AFFAIRS - ANNUAL REPORT
Mr B J TOLO: Chairperson, Deputy Chairperson, hon members, ladies and gentlemen, it is our pleasure to present to this House the annual report of the Select Committee on Economic and Foreign Affairs. You will realise that this committee only started its activities at the end of March or beginning of April last year. This was due to the fact that its former chairperson, Comrade Mohseen Moosa, had resigned at the beginning of the year. A new chair was only appointed on 24 March the same year. The committee therefore was not functional for almost three months in the year under review.
The main brief of the committee, as you will be aware, is to process legislation and do the oversight work of three departments, namely the Department of Trade and Industry, the Department of Minerals and Energy and the Department of Foreign Affairs.
As far as the processing of legislation is concerned, in the year under review we managed to deal with nine Bills which came before the committee. Six of these Bills came from the Department of Trade and Industry, and three from the Department of Minerals and Energy. Two of these Bills were section 76 Bills and were in fact principal Bills and not amending Bills.
As a committee we managed to improve some of the Bills that came before us. We would like to thank members of the committee for the outstanding work they did in that respect.
On oversight, we managed to debrief both Ministers and officials of the different departments that we dealt with. These committee members managed to make constructive comments and suggestions to the departments. We know that the Department of Trade and Industry has established and enlisted the services of a number of institutions that are collectively called the Council of Trade and Industry institutions, or Coti institutions. These are institutions like Khula, Ntsika, the Competition Commission and many others.
We have met with some of them to establish whether they were living up to their mandates. We must indicate that there are problems here and there, but overall we as a committee think that they are on the right track.
During the year under review, we also undertook a trip to Limpopo. There we met with departmental officials and other stakeholders in the economy. The trip gave us invaluable experience, as we got first-hand information about the successes and frustrations of the province, both at government level and with regard to other stakeholders like Nafcoc. For instance, as far as Nafcoc is concerned, black economic empowerment has not filtered to the rural provinces. Its impact is felt only in Gauteng, they claim.
One objective problem that we are faced with in the committee is the known fact of there being only a few members in every committee. As a result, we struggle to form quorums at committee meetings. The clustering of committees, as indicated by hon Majodina, may have advantages in the NCOP, given the same problem of numbers. But there are obvious disadvantages. A member who serves in my committee, which deals with three departments, also serves in hon Nkuna’s committee and there he or she also deals with a further three departments. All in all, this person deals with six departments. This will inevitably result in a lack of efficiency in all of us. The member goes to every meeting half prepared. This is not a lamentation but a reality that we face in the committee.
In conclusion, I want to reiterate the comment we made in our report that economics is a specialised field, and that we should look at the possibility of treating it like finance, that we should have dedicated members where possible. We would like to commend this report to the House for adoption. I thank you. [Applause.]
Debate concluded.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): That concludes the debate. I shall now put the question and 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 provincial votes. Are you all present? In terms of Rule 71, I shall first allow provinces an opportunity to make their declarations of vote if they so wish. Is there any province? None. We shall now proceed to voting on the question. We shall do so alphabetically. Delegation heads must indicate to the Chair whether they vote in favour, against or abstain. Eastern Cape?
Ms B N DLULANE: Re a e thekga. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Free State?
Mr T RALANE: Ha seketela. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Gauteng?
Ms D M RAMODIBE: Gauteng ya sapota. [Gauteng supports.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): KwaZulu-Natal?
Mrs J N VILAKAZI: Elethu. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Limpopo?
Mr M I MAKOELA: I khou tenda. [It supports.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Mpumalanga?
Ms M P THEMBA: Ya tshegetsa. [It supports.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Northern Cape?
Mr M A SULLIMAN: Ke a rona. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): North West Province?
Rev P MOATSHE: Ke a rona. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Western Cape?
Ms N D NTWANAMBI: Re tsamaya le yona. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Nine provinces voted in favour. I therefore declare the report adopted. Report accordingly adopted in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON FINANCE - ANNUAL REPORT
Mr G A LUCAS: Thank you, hon Deputy Chairperson. As you can see the trend is that chairpersons are presenting their reports. Nonetheless, there has not been any coup d’état in the finance committee. Therefore, this statement is on behalf of the chairperson of the finance committee.
The year 2003 was the most difficult and challenging year in the life of the committee since its inception in August 1999. This was so, because we began to understand our work environment. The committee has had quite an engaging agenda at the beginning of the year which was followed through to its challenging conclusion.
Despite these challenges, we were in a position to execute our constitutional responsibilities: that of passing important legislation; conducting public hearings; and going on oversight visits to some of the institutions we are overseeing. The work we have done in the course of the year has been immense, and we would like to commend Government for making strides in areas where infrastructure never existed.
Government has been able, through the DPSA, to help municipalities who do not have any form of revenue base from which to borrow money for infrastructure development for the benefit of the poorest of the poor in rural areas.
We were also able to approve the Municipal Finance Management Bill for all municipalities in the country. This legislation is meant to provide a framework for treasury norms and standards in the public sector. We are of the opinion that in due course all municipalities will be able to align their systems in accordance with the above-mentioned legislation. This legislation will result in improved service delivery, efficiency, a proper budgeting framework that is aligned to IDPs, and in bringing municipalities in line with the National Budget Framework, the MTEF.
Public hearings were also held on the Preferential Procurement Policy Framework Act. These hearings were quite successful, and a number of stakeholders participated immensely. What is quite clear is that our structures at the various spheres of Government need to align their policy and policy framework to ensure that they are able to achieve the guidelines as set out in the preferential procurement policy framework. What is also quite clear from those hearings is that the majority of black-owned companies felt that the framework itself was not benefiting black economic empowerment. And that is a matter that the new Parliament ought to focus on, ensuring that black economic empowerment does find meaning in terms of our procurement system at the level of government. The committee takes particular pride in the strides that it made pertaining to its involvement with regard to the budget process, and to ensure the involvement of provinces and municipalities in this very important process. Standing committees, Salga and other relevant stakeholders participated in the process of the division of revenue, but also participated in the overall budget hearings, and this has given meaningful participation to our structures as a whole.
On behalf of the chairperson, let me take this opportunity to thank the committee members who executed their duties with commitment and purpose, and congratulate them on their hard work and the quality results that we have accomplished. Without their contribution the provincial participation and quality of Bills pushed through the corridors of Parliament would not have been possible to achieve. I am certain that this display of commitment on their side will surely be documented in due course. I salute all members from all political parties for their sincere participation and the chairperson thanks you all for your participation. Thank you, Chairperson. [Applause.]
Debate concluded.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): That concludes the debate. I shall now put the question, and 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 the delegation heads are present in the Chamber to cast their provinces’ votes. Are you all present? Now, in accordance with rule 71, I shall first allow provinces the opportunity to make their declarations of vote if they so wish. Any? None. 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. Eastern Cape?
Ms B N DLULANE: Siyaxhasa. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Free State?
Mr T RALANE: In favour.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Gauteng?
Ms D M RAMODIBE: Siyaxhasa. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): KwaZulu-Natal?
Mrs J N VILAKAZI: Siyavuma. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Limpopo?
Mr M I MAKOELA: Ons steun. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Mpumalanga? Ms M P THEMBA: I khou tendelana. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Northern Cape?
Mr M A SULLIMAN: Siyavuma. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): North West?
Rev P MOATSHE: Ke wa rona. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Western Cape?
Ms N D NTWANAMBI: Elethu. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Nine provinces voted in favour, therefore I declare the report adopted. The secretary will read the Fourth Order of the day.
Report accordingly adopted in accordance with section 65 of the Constitution. CONSIDERATION OF REPORT OF SELECT COMMITTEE ON LABOUR AND PUBLIC ENTERPRISES - ANNUAL REPORT
Mrs C NKUNA: Hon colleagues, I thank you. This is the Chairperson’s overview. Over the period of 12 months, the Select Committee on Labour and Public Enterprises held 17 meetings towards the realisation of its objectives as stipulated in the report. The activities of the committee are characterised by a number of achievements as well as further constraints which helped provide a broader perspective. The first achievement regards the oversight function. The committee undertook an international study tour to Germany from 19 April to 25 April in the year 2003.
The report was published in the ATCs and debated in the NCOP Chamber on 9 September 2003. The committee’s recommendations are reflected in section 8 of this report. Furthermore, on 21 August 2003, the committee conducted an oversight visit to Limpopo province to assess challenges faced by the telecommunications and postal services sectors in the province. The report was published in the ATCs and was to be debated by the NCOP in the coming year. Based on the visit, recommendations were made and these are reflected in section 8 of this report.
Then, the other achievement is in respect of legislation. Three pieces of legislation were referred for the committee to scrutinise and report on within the stipulated time period. These pieces of legislation are the Skills Development Amendment Bill, Bill 46 of 2003; the Unemployment Insurance Amendment Bill, Bill 35 of 2003 and the Postal Services Amendment Bill, Bill 40 of 2003. It is worth mentioning that the committee dealt well with all the Bills, except for the Postal Services Amendment Bill, the reason here being that the Bill was referred back to the committee. The Bill was recommitted because the affected shareholder referred to and criticised the process in the media. Serious consultations in this regard were made. We gave the committee an opportunity, and the legislation was passed without amendments.
When it comes to interaction with the departments, in its planning of committee meetings, emphasis was laid on ensuring that interaction and communication are maintained with all relevant government departments.
There are some challenges. Given that the committee has oversight functions over three departments as well as the relevant stakeholder, it has not been able to do so effectively due to a number of constraints.
The following are the recommendations of the committee to the House. The first one is that further discussions are needed with regard to the restructuring processes by the Department of Public Enterprises. The second is that more oversight is needed with regard to the Department of Labour. The third is that more work still needs to be done with the Department of Communications to ensure that there is more accessibility of information.
In conclusion, hon Chairperson, we would like to thank the Chief Whip for the intervention and advice he gave to the committee, especially when we were dealing with the Postal Services Amendment Bill. Secondly, we would also like to thank the members of the committee for the commitment they have shown throughout the year. Keep it up, hon members. I, on behalf of the committee, hon Chairperson, present this report to the House and request that it be adopted. I thank you. [Applause.]
Debate concluded.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): I shall now put the question. The question is that the report be adopted. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the Chamber to cast a vote for their provinces. Are you all here? In accordance with Rule 71, I shall first allow provinces the opportunity to make a declaration of vote if they so wish. Is there any province that wishes to do so? None.
We shall now proceed to voting on the question. I shall do so alphabetically. Heads of delegations should then indicate to the Chair whether they vote in favour, against or abstain. Eastern Cape?
Ms B N DLULANE: Siyavuma. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Free State?
Mr T S SETONA: We vote in favour.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Gauteng?
Ms D M RAMODIBE: Gauteng iyayixhasa. [Gauteng supports.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): KwaZulu-Natal? Mrs J N VILAKAZI: Sithi Elethu! [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Limpopo?
Mr M I MAKOELA: We support.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Mpumalanga?
Ms M P THEMBA: We support.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Northern Cape?
Mr M A SULLIMAN: Die Noord-Kaap steun. [The Northern Cape supports.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): North West?
Mr Z S KOLWENI: Ke a rona. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Western Cape?
Mr F ADAMS: Die Wes-Kaap steun. [The Western Cape supports.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Nine provinces voted in favour. I therefore declare the report adopted.
Report accordingly adopted in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SOCIAL SERVICES - ANNUAL REPORT
Ms L JACOBUS: Thank you, Deputy Chair. Deputy Chair and members, this committee has the competence to deal with the following portfolios, namely Health, Home Affairs and Social Development.
On presenting the annual report of our committee, I want to focus on the following areas specifically: firstly, legislation; secondly, oversight; thirdly, the budget - that is the budget of the committee - and, fourthly, members’ participation. I assume that members have read the report and I will therefore not dwell on the details contained therein. However, I feel there is a need for us to just briefly reflect on the areas mentioned above and make some recommendations on some of them.
Firstly, in terms of legislation, the select committee has had a year marked by the passage of ground-breaking legislation and amongst these are the National Health Bill, the Electoral Laws Amendment Bill, the Alteration of Sex Description and Sex Status Bill and the National Development Agency Bill. I do not want to single out any one of these as being more significant than the other, save to say that they have all contributed to the betterment of the lives of our people.
In general, the committee is satisfied with the support we have received from the respective Ministers and the departments in the processing of these pieces of legislation. The concern we have, however, is one that we have raised on numerous occasions, and I am sure that other committees have the same concern, and that is the timing of the introduction of legislation, especially section 76 legislation - always towards the end of a year, when most of the legislatures are just about winding down their work for the year. I am personally not convinced that the executive fully understands how this animal that is called the NCOP works and I am suggesting that those of us who will be coming back and those who will be presiding officers run a workshop for the executive on how this animal actually works and operates. [Interjections.]
It is our belief that this practice substantially reduces the input and participation that provinces and local government could have made in strengthening legislation and it subsequently waters down the quality of the product that we churn out at the end of the day.
I recommend that we look at section 73(3) of the Constitution, which reads as follows:
A Bill referred to in section 76(3), except a money Bill, may be introduced in the National Council of Provinces.
Some of us have actually managed to persuade our respective Ministers to do so - to introduce it here first before it goes to the National Assembly.
Secondly, another recommendation is the introduction of a more flexible NCOP cycle to allow provinces enough time to interrogate legislation, not necessarily limiting provinces to the four or five-week cycle that we currently have.
As regards oversight, as our report reflects, we only did one oversight visit, and that was to the Eastern Cape. This was the follow-up visit that the National Council of Provinces undertook to this province earlier in the year. That visit focused on the access to social security, including the issuing of identity documents. Without going into the details of our findings, and the report has been tabled, it is sad to say, however, that most of the issues raised during our first visit as the whole NCOP were raised again in our follow-up visit. I have also submitted a copy of our report to the new Director-General of Home Affairs, Mr Gilder, for his intervention on these matters.
Because legislative obligations take priority, this was the only province we could visit although we had planned in our programme also to visit the North West following the NCOP visit to that province. I am hoping that the new committee to be constituted in the new Parliament after the elections will be able to prioritise a visit to the North West to look at progress made since we were last there. On the issue of our committee budget, like we advocate an equitable share for provinces in the division of revenue, I also want to advocate an equitable share of Parliament’s budget for committees. The newly established Joint Budget Committee, I assume, is attempting to do so. I am not just saying it should be an equitable share amongst select committees, but also amongst committees of the two Houses. If one looks at the volume of work between the committees of the respective Houses, and some of my colleagues have alluded to that, there is just no comparison. Whereas portfolio committees deal with only one portfolio, we as select committees deal with no less than three portfolios each. Yet, they receive a bigger share of the budget.
Section 72(1) of the Constitution goes:
The National Council of Provinces must - and I underline ``must’’ -
(a) facilitate public involvement in the legislative and other processes of the Council and its committees …
My interpretation of this section is that we are given a constitutional mandate to ensure that the public is involved in the work of the NCOP and that of its committees.
The Chairperson of the NCOP, Ms Pandor and yourself included, Deputy Chair, has many a time alluded to the uniqueness of this institution and the dynamic role it can play if it is utilised to its full capacity and potential. Unfortunately, this role is not fully recognised by all and this is reflected in the budgetary allocations to committees of Parliament. I am sure that most, if not all, of our committees would have liked to have visited at least three provinces in a year to oversee and monitor the respective competencies that they are charged with, but because of budgetary constraints they are not in a position to do so. [Interjections.]
Regarding members’ participation, with the workload and constraints of various natures, I think all members of the committees and special delegates who are invited from time to time perform to the best of their ability. This was evident in the feedback we got on legislation as well as other areas of our work, particularly our oversight function. At this point, let me take the opportunity to congratulate and single out the Free State province for always meticulously scrutinising legislation and proposing amendments that have always strengthened the legislation we dealt with over the past year and indeed over the past four years.
One worrying factor is the high turnover of committee members. Maybe it is a feather in the cap of the NCOP that a lot of its members have been constantly redeployed to take up senior positions in their respective provinces, but on the other hand it drains the human resource capacity of the institution and committees in particular and it weakens committees. I must also take this opportunity to congratulate members of the committee on their participation when we, for the first time, conducted hearings on the intergovernmental fiscal review. MECs from the nine provinces were invited to interrogate with ourselves their budgetary allocations, the identification of provincial priorities and whether their spending patterns related to their priorities as they identified it. They also shared with us their achievements and challenges and how they intended to deal with these. This was a very significant, insightful exercise and it assisted us a great deal in our subsequent policy debates that followed.
In conclusion, despite our challenges and constraints - and I support the comments made by some of my other colleagues in terms of our constraints - this has been a very exciting year for our committee. We have engaged in sometimes very robust debate on matters before us, but the needs and the expectations of our provinces always took centre stage. Even though we are often from different political parties, our priority concern was that of our province and I want to thank members once more for their mature engagement with me as the chairperson, and with one another on the work of the committee. It is also appropriate for me to thank the presiding officers and the Chief Whip for their continued assistance and support throughout the year.
With these few words, I submit to the House, on behalf of the committee, the annual report of the select committee for the year 2003, January to December. Thank you. [Applause.]
Debate concluded.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): That concludes the debate. I shall now put the question. The question is that the report be adopted. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the Chamber. They are all present. In accordance with Rule 71, I shall first allow provinces an opportunity to make their declarations of vote if they so wish. Is there any province that wishes to do so? None.
We shall now proceed to voting on the question. I shall do so alphabetically. Delegation heads should indicate to the Chair if they vote in favour, against or abstain from voting. Eastern Cape?
Ms B N DLULANE: Oos-Kaap aanvaar. [Eastern Cape supports.] [Applause.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Free State?
Mr T S SETONA: They will vote in favour.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Gauteng?
Ms D M RAMODIBE: Gauteng iyayixhasa. [Gauteng supports.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): KwaZulu Natal?
Mrs J N VILAKAZI: Siyavumelana. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Limpopo?
Mr M I MAKOELA: Ke a rona. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Mpumalanga?
Ms M P THEMBA: IMpumalanga iyasekela. [Mpumalanga supports.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Northern Cape?
Mrs E N LUBIDLA: Northern Cape, iyavuma. [Northern Cape supports.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): North West? Mr Z S KOLWENI: North West supports.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Western Cape?
Mr F ADAMS: Wes-Kaap steun. [Western Cape supports.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Nine provinces voted in favour. I therefore declare the report adopted.
Report accordingly adopted in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON PRIVATE MEMBERS’ LEGISLATIVE PROPOSALS - ANNUAL REPORT
Mr P A MATTHEE: Chairperson, the mission of this committee is to promote and facilitate the making of legislative proposals by individual members of the National Council of Provinces, and its vision to get members of the NCOP to make effective use of their rights to initiate legislation in order to enhance our democracy.
The committee studied and discussed the draft document entitled: A Practical Guide for Members’ Legislative Proposals at all its meetings. The draft was also handed to the Deputy Chairperson of the NCOP, the Chief Whip and chairpersons for comments, and all comments received have been taken into account. The final draft will be ready for printing before the end of March so that the new members coming in after the election will have this manual ready for their use and to empower them.
The effective functioning of this committee is dependent upon the submission of legislative proposals by members. Unfortunately only two members submitted legislative proposals. The first one was the Promotion of Multilingualism Bill by Mr Van Niekerk and then there was the Pan-South African Language Board Amendment Bill, also by Mr Van Niekerk.
These two legislative proposals were referred to the nine provinces and were considered by them in terms of the Rules of the NCOP. Five of the provinces recommended that the proposer should be allowed to introduce the legislative proposals as Bills.
When the report served in the Council, the Chief Whip recommended in a motion that the said legislative proposals be referred back to the relevant select committee to determine its financial implications and to ascertain whether it would influence the desirabilty of the Bills before the Council takes a formal decision thereon.
Then there was the Sectional Titles Amendment Bill by Dr Conroy. After the proposer had introduced this legislative proposal in the committee and had briefed the committee thereon, at which briefing the Deputy Minister for Agriculture and Land Affairs was also present, the proposer and the Deputy Minister discussed the said legislative proposal. Thereafter the said Ministry introduced the Sectional Titles Amendment Bill, which contains certain of the proposals proposed in this legislative proposal.
The amending Bill, introduced by the Minister, has in the meantime been enacted as the Sectional Titles Amendment Act, Act No 29 of 2003. Dr Conroy has indicated that in the light of the aforementioned he would, at this stage, withdraw his proposal.
Then the committee also dealt with the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities Amendment Bill, also by Mr Van Niekerk. This legislative proposal was referred to the committee on 17 July 2003. This proposal seeks to vest the said commission with the powers to deal with noncompliance of its recommendations.
Following a briefing by Mr Van Niekerk, the legislative proposal was referred to the relevant select committee - it is the Select Committee on Local Government and Administration. A joint meeting of this committee and the Select Committee on Local Government and Administration was held on 27 November in order to comply with Rule 179(2) of the NCOP. It was agreed in the said joint meeting that a further meeting to consider this matter should be held, which meeting will soon be held.
Now, as mentioned under legislation, there has been some success in respect of the Promotion of Multilingualism Bill and the Pan-South African Language Board Amendment Bill, both submitted by Mr Van Niekerk, as well as The Sectional Titles Amendment Bill, submitted by Dr Conroy.
It is trusted that the draft document referred to, once finalised, will encourage and empower members of the NCOP to utilise this very powerful instrument of initiating legislation by way of members’ legislative proposals, and in so doing to enhance our democracy.
It has been proven all over the world, and specifically in countries like Australia, that although not many Bills submitted by private members are eventually enacted, there are some very important Bills that members have succeeded in getting enacted.
For instance, in the Australian Senate the compulsory voting at federal elections was introduced as a result of Senator Payne’s Electoral Compulsory Voting Act, way back in 1924 already. The banning of tobacco advertising in the printed media was achieved through a senator’s Smoking and Tobacco Products Advertisements Act in 1989.
And the most significant piece of legislation sponsored by a private senator or member in that country was, of course, the Parliamentary Privileges Act of 1987, which was introduced by the President of the Senate there, and which codified the parliament’s legal immunities and its powers to protect the integrity of its processes. Members’ legislative proposals certainly are the most powerful tool or instrument in the hands of any individual member. Even though the chances are not always good that those proposals might actually become law, they remain the best instrument to shine a very bright light on any issue.
And when the Government decides to take over the ideas of a legislative proposal, as we have seen happen in this report with The Sectional Titles Amendment Bill, the member can rightly claim some credit for it.
I trust that in the new Parliament - the new NCOP after the election - the guide which we envisage will really empower members of the NCOP and also provincial legislatures to fully utilise this powerful instrument to help them succeed in fulfilling their role as representatives of our people, and to improve the quality of life of all of those whom we represent. I thank you. [Applause.]
Debate concluded.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): That concludes the debate. I shall now put the question. The question is that the Report be adopted. As the decision is dealt with in terms of section 65 of the Constitution, I shall now first ascertain whether all delegation heads are present in the Chamber to cast their provincial votes. Are you all in? In accordance with Rule 71, I shall first allow provinces the opportunity to make their declarations of vote if they so wish. Is there any province? The hon Van Niekerk?
Declaration of vote:
Mnr A E VAN NIEKERK: Voorsitter, baie dankie. Na aanleiding van die verslag wat die agb Matthee gelewer het, wil ek net die Raad daarop wys dat twee van die privaatlid-wetgewende voorstelle terugverwys is na die komitee op grond van ondersoek wat ingestel moet word na die finansiële implikasies van die voorstelle, en hulle is beide so pas deur die Adjunkminister van Kuns, Kultuur, Wetenskap en Tegnologie in hierdie Raad gehanteer.
Ek wil ook net die Raad daarop wys dat die proses waarna die agb Matthee verwys het baie lank is en dat ons klarigheid moet kry of sulke voorstelle ná hierdie Parlement na die nuwe Parlement oorgedra word, soos gewone wetgewing, en of dit verval en die proses weer van vooraf moet begin. Daar is nie klarigheid in die Reëls daaroor nie en ek wil dit net aan die Huis stel. (Translation of Afrikaans paragraphs follows.)
[Mr A E VAN NIEKERK: Chairperson, thank you very much. With regard to the report that the hon Matthee has delivered, I would just like to point out to the Council that two of the private members’ legislative proposals were referred back to the committee on the grounds that the financial implications of these proposals should be investigated, and both have just been dealt with by the Deputy Minister of Arts, Culture, Science and Technology. I also want to point out to the Council that the process to which the hon Matthee referred is very long, and that we must obtain clarity whether such proposals must be carried over to the new Parliament after this Parliament, and whether it expires and the process must start all over again. There is no clarity in the Rules where this is concerned and I would just like to put this to the House.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Thank you very much, Mr Van Niekerk. Any other further declarations of vote? None. We shall now proceed to voting on the question. I shall do this in alphabetical order per province. Delegation heads must please indicate to the Chair whether they vote in favour or against or abstain from voting. Eastern Cape?
Ms B N DLULANE: Eastern Cape supports.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Free State?
Mr T S SETONA: Free State supports.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Gauteng?
Ms D M RAMODIBE: Re a dumela. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): KwaZulu-Natal?
Mrs J N VILAKAZI: Elethu. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Limpopo?
Mr M I MAKOELA: Siyaxhasa. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Mpumalanga?
Ms M P THEMBA: Mpumalanga steun. [Mpumalanga supports.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Northern Cape?
Mrs E N LUBIDLA: Northern Cape supports.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): North West?
Mr Z S KOLWENI: Ke ya rona. [We support.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Western Cape?
Mr F ADAMS: Wes-Kaap steun. [Western Cape supports.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): All nine provinces voted in favour. I therefore declare the report adopted in accordance with section 65 of the Constitution.
Report accordingly adopted in accordance with section 65 of the Constitution.
The Council adjourned at 16:48. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
MONDAY, 16 FEBRUARY 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
Classification of Bills by Joint Tagging Mechanism Introduction of Bills
National Council of Provinces
Referrals to committees of papers tabled
TABLINGS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
Home Affairs
Labour
National Council of Provinces
Joint Standing Committee on Intelligence
COMMITTEE REPORTS
National Council of Provinces
Public Services
Economic and Foreign Affairs
Finance
Labour and Public Enterprises
Social Services
Members' and Provincial Legislative Proposals
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Classification of Bills by Joint Tagging Mechanism:
(1) The Joint Tagging Mechanism (JTM) on 12 February 2004 in terms
of Joint Rule 160(3), classified the following Bill as a section
75 Bill:
(i) Children's Bill [B 70 - 2003 (Reintroduced)] (National
Assembly - sec 75)
-
Introduction of Bills (1) The Minister of Environmental Affairs and Tourism
(i) National Environmental Management: Protected Areas Amendment Bill [B 2 - 2004] (National Assembly - sec 75) [Bill and prior notice of its introduction published in Government Gazette No 25052 of 3 June 2003.]
Introduction and referral to the Portfolio Committee on Environmental Affairs and Tourism of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160, on 16 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.
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 paper is referred to the Select Committee on
Education and Recreation:
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].
(2) The following paper is referred to the Select Committee on
Labour and 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.
(3) The following papers are referred to the Select Committee on
Land and Environmental Affairs:
(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).
(4) The following paper is referred to the Select Committee on
Security and Constitutional Affairs and to the Joint Standing
Committee on Defence:
Letter dated 11 December 2003, from the President to the
Chairperson of the National Council of Provinces informing the
National Council of Provinces of the employment of the South
African National Defence Force in Assisting Australia in
fulfillment of the obligations of the Republic of South Africa
towards the United Nations.
(5) The following paper is referred to the Select Committee on
Public Services and to the Select Committee on Economic and
Foreign 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.
(6) The following papers are referred to the Select Committee on
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).
(e) 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).
(f) 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).
(g) Government Notice No R1739 published in Government Gazette
No 25776 dated 28 November 2003: Amendment of prescribed fees,
in terms of the Pension Funds Act, 1956 (Act No 24 of 1956).
(h) Government Notice No 1751 published in Government Gazette
No 25791 dated 28 November 2003: Statement of the National
Revenue, Expenditure and Borrowing as at 31 October 2003, in
terms of the Public Finance Management Act, 1999 (Act No 1 of
1999).
(i) Government Notice No R1737 published in Government Gazette
No 25773 dated 28 November 2003: Treasury Regulations:
Erratum, in terms of the Public Finance Management Act, 1999
(Act No 1 of 1999).
(j) Government Notice No R1733 published in Government Gazette
No 25766 dated 5 December 2003: Amendment of Regulations, in
terms of the State Tender Board Act, 1968 (Act No 86 of 1968).
(k) Government Notice No R1734 published in Government Gazette
No 25767 dated 5 December 2003: Regulations: Framework for
Supply Chain Management, in terms of the Public Finance
Management Act, 1999 (Act No 1 of 1999).
(l) Government Notice No 1784 published in Government Gazette
No 25821 dated 5 December 2003: Approval of Allocations to be
transferred to Provinces, in terms of the Division of Revenue
Act, 2003 (Act No 7 of 2003).
(m) Government Notice No R1782 published in Government Gazette
No 25812 dated 12 December 2003: Exchange Control Regulations:
Cancellation of appointment as an authorised dealer in foreign
exchange: Corpcapital Bank Limited: PSG Investment Bank
Limited and Real Africa Durolink Investment Bank Limited, in
terms of the Currency and Exchanges Act, 1933 (Act No 9 of
1933).
(n) Government Notice No 1828 published in Government Gazette
No 25781 dated 15 December 2003: Explanatory Memorandum to the
allocations set out in Schedule 3, 6, 6A and 7A of Annexure A,
in terms of the Division of Revenue Act, 2003 (Act No 7 of
2003).
(o) Government Notice No R1846 published in Government Gazette
No 25881 dated 22 December 2003: Designation of institution of
which activities do not fall within the meaning of "The
business of a bank" ("Financial Service Co-operation"), in
terms of the Banks Act, 1990 (Act No 94 of 1990).
(p) Government Notice No 1845 published in Government Gazette
No 25871 dated 30 December 2003: Statement of the National
Revenue, Expenditure and Borrowing as at 30 November 2003, in
terms of the Public Finance Management Act, 1999 (Act No 1 of
1999).
(7) The following paper is referred to the Select Committee on
Economic and Foreign Affairs:
Report of the South African Council for the Non-Proliferation of
Weapons of Mass Destruction for the year ended 30 June 2001.
(8) The following paper is referred to the Select Committee on Local
Government and Administration:
Report and Financial Statements of Vote 12 - South African
Management Development Institute (SAMDI) for 2002-2003, including
the Report of the Auditor-General on the Financial Statements for
2002-2003 [RP 182-2003].
(9) The following paper is referred to the Select Committee on
Public Services:
Report and Financial Statements of the South African National
Roads Agency Limted (SANRAL) for 2002-2003, including the Report
of the Auditor-General on the Financial Statements for 2002-2003
[RP 216-2003].
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
Report of the Public Service Commission - State of the Public Service
Report for 2004.
- The Minister of Home Affairs
Report and Financial Statements of Vote 4 - Department of Home Affairs
for 2002-2003, including the Report of the Auditor-General on the
Financial Statements for 2002-2003 [RP 220-2003].
- The Minister of Labour
(a) Report and Financial Statements of the Tourism, Hospitality and
Sport Education and Training Authority (THETA) for 2002-2003,
including the Report of the Auditor-General on the Financial
Statements for 2002-2003 [RP 92-2003].
(b) Recommendation of the International Labour Organisation (ILO) -
Recommendation No 189, concerning Job Creation in Small and Medium-
Size Enterprises.
(c) Convention of the International Labour Organisation (ILO) -
Convention No 183, Convention concerning Maternity Protection,
2000.
(d) Recommendation of the International Labour Organisation (ILO) -
Recommendation No 191, Recommendation concerning Maternity
Protection, 2000.
(e) Convention of the International Labour Organisation (ILO) -
Convention No 184, Convention concerning Safety and Health in
Agriculture, 2001.
(f) Protocol to the Occupational Safety and Health Convention -
1981, tabled in terms of section 231(3) of the Constitution, 1996.
(g) Recommendation of the International Labour Organisation (ILO) -
Recommendation No 193, Recommendation concerning the Promotion of
Cooperatives, 2002.
National Council of Provinces
- The Chairperson
Annual Report of the Joint Standing Committee on Intelligence for 2002-
2003, tabled in terms of section 6(1) of the Intelligence Services
Control Act, 1994 (Act No 40 of 1994).
Copies of the Report is available at the Office of the Clerk of Papers.
COMMITTEE REPORTS
National Council of Provinces
- Report of the Select Committee on Public Services on Annual Report, dated 11 February 2004:
INSERT ATC040216-e
- Report of the Select Committee on Economic and Foreign Affairs on Annual Report, dated 4 February 2004:
INSERT ATC040216-e1
- Report of the Select Committee on Finance on Annual Report, dated 26 November 2003:
INSERT ATC040216-e2
- Report of the Select Committee on Labour and Public Enterprises on Annual Report, dated 12 November 2003:
INSERT ATC040216-e3
- Report of the Select Committee on Social Services on Annual Report, dated 12 February 2004:
INSERT ATC040216-e4
- Report of the Select Committee on Members’ and Provincial Legislative Proposals on Annual Report:
INSERT ATC040216-e5
17 FEBRUARY 2004
ANNOUNCEMENTS
National Council of Provinces
Messages - Bills transmitted to Council
National Council of Provinces
Messages from National Assembly to National Council of Provinces in
respect of Bills passed by Assembly and transmitted to Council
(1) Bills passed by National Assembly on 17 February 2004 and
transmitted for concurrence:
(i) Powers, Privileges and Immunities of Parliament and
Provincial Legislatures Bill [B 74 - 2003] (National
Assembly - sec 75)
The Bill has been referred to the Ad hoc Select Committee on
Powers and Privileges of Parliament of the National Council of
Provinces.
(ii) Public Audit Bill [B 1 - 2004] (National Assembly - sec
75)
The Bill has been referred to the Select Committee on Finance of the National Council of Provinces.