National Council of Provinces - 04 May 2004
TUESDAY, 4 MAY 2004 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
Members assembled in the Chamber of the National Council of Provinces at 14:00.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.
The Usher announced the Honourable Chief Justice of South Africa, Justice A Chaskalson, who was received by members standing.
The Chief Justice took the Chair and requested members to observe a moment of silence for prayers or meditation.
OATH OR SOLEMN AFFIRMATION
The CHIEF JUSTICE: This meeting has been called for the swearing in of permanent delegates to the National Council of Provinces, as well as the election of its Chairperson and two Deputy Chairpersons. It has been honoured by the presence of the President of the Republic of South Africa. [Applause.]
In terms of section 62 of the Constitution, every permanent delegate of the National Council of Provinces has to make and subscribe to the oath or solemn affirmation before performing his or her functions in the Council. A delegate is entitled to make and subscribe to oath or solemn affirmation in the official language of his or her choice. It has been arranged that the delegates will make the oath or solemn affirmation according to province. When the names of their province is called, delegates will please take their places in front of the Table in groups.
The names of the delegates and provinces will be announced and we will then proceed to the swearing in or taking of the affirmation.
The Chief Justice requested members to swear or affirm faithfulness to the Republic and obedience to the Constitution in terms of section 62(6) of the Constitution.
The following members made and subscribed to the oath or solemn affirmation:
Adams, F; Adolph, E; Botha, D J; Chen, S S; Dlulane, B N; Gamede, D D; Goeieman, M C; Hollander, P; Kgoali, J L; Kolweni, Z S; Krumbock, G R; Lamoela, H; Le Roux, J W; Loe, S J; Mabe, S E; Mack, N; Madlala, N M; Mahlangu, M J; Manyosi, A T; Masilo, J; Matlanyane, H F; Mkhaliphi, B J; Mkono, D G; Moatshe, P; Mokoena, L M; Moseki, A L; Mzizi, M A; Ndalane, N; Ntuli, Z C; Ntwanambi, N; Nyanda, F; Oliphant, M N; Qikani, A N D; Raju, N M; Ralane, T S; Robertson, M O; Robinson, D; Setona, T S; Shiceka, S; Sinclair, K; Sogoni, E M; Sulliman, M A; Tau, R J; Terblanche, J F; Themba, M P; Thetjeng, O M; Tlhagale, J O; Tolo, J B; Van Rooyen, C J; Vilakazi, J N; Watson, A; Windvoël, V V Z; Worth, D A. [Applause.]
ELECTION OF CHAIRPERSON OF NATIONAL COUNCIL OF PROVINCES
The CHIEF JUSTICE: We shall now proceed to the election of the Chairperson of the National Council of Provinces. The Returning Officer is the Secretary to Parliament, Mr S Mfenyana, and I have to announce that in terms of Rule 2 of the Rules for the election of a Chairperson, Ms L L Matyolo, Mr B V L Momoti, Mr B Nonyane and Ms J A Niekerk have been appointed by the Returning Officer as Assistant Returning Officers. The oath or prescribed affirmation has already been administered to the Returning Officer and the Assistant Returning Officers, as required by the Rules.
Before calling for nominations, I must remind delegates that, in terms of the Constitution and the Rules, each nomination must be submitted on the prescribed form and duly seconded. I must also draw the attention of delegates to the provision of section 64 of the Constitution, in terms of which no person may be elected as Chairperson of the National Council of Provinces unless he or she is a permanent delegate to the Council. I also wish to inform delegates that, in terms of item 4 of Part A of Schedule 3 to the Constitution, there may be no debate. We will proceed to the election, and when that is concluded, and a Chairperson has been elected, the Chairperson will assume the Chair of the House and I will leave the Chamber.
There will now be an opportunity for nominations for Chairperson of the Council.
Ms Elizabeth Dipuo Peters, seconded by Mr Thabang Sampson Phathakge Makwetla nominated Ms Joyce Lesawana Kgoali for election as Chairperson of the National Council of Provinces.
The Returning Officer reported to the Chief Justice that the nomination paper had been properly completed.
There being no further nominations, the Chief Justice declared Ms Joyce Lesawana Kgoali properly elected as Chairperson of the National Council of Provinces.
The CHIEF JUSTICE: May I congratulate you on your election and request you please to assume the Chair over this House. [Applause.]
The Usher conducted the Chairperson to the Chair and placed the Black Rod in position at the Chair.
ELECTION OF PERMANENT DEPUTY CHAIRPERSON
The CHAIRPERSON OF THE NCOP: Hon members, hon President of the Republic, we will now proceed to the election of the Permanent Deputy Chairperson of the National Council of Provinces. Are there any nominations?
Ms Nosimo Balindlela, seconded by Mr Richard Mdakane, nominated Mr Mninwa Johannes Mahlangu for election as Permanent Deputy Chairperson of the National Council of Provinces. The Returning Officer reported to the Chairperson that the nomination paper had been properly completed.
There being no further nominations, the Chairperson declared Mr Mninwa Johannes Mahlangu properly elected Permanent Deputy Chairperson of the National Council of Provinces.
The CHAIRPERSON OF THE NCOP: Hon President of the Republic of South Africa, President Thabo Mbeki, Chief Justice Chaskalson, premiers, Speakers, special and permanent delegates, guests, ladies and gentlemen, I thank the Chief Justice for presiding over the swearing-in of members of the NCOP and the election of the Chairperson. Thank you, hon colleagues, for the confidence that you have shown in electing me as Chairperson of this august House.
President Thabo Mbeki, members of the executive, presiding officers of the National Assembly and distinguished guests who are attendant today, I wish to thank you all for joining us this afternoon. The NCOP came of age under the inspiring leadership of my predecessors. It defined its constitutional mandate and interpreted its role in a coherent fashion. It is fair to say that the NCOP has become the effective forum for raising provincial and local interests at national level.
I propose to deepen and expand this House, and in addition to emphasise the following challenges: To increase public participation in Parliament and to enhance the understanding of democracy amongst our people; to strengthen the institutional mechanism for enhancing the ability of members to process legislation from a fully informed and independent perspective; to enhance the use of technology in Parliament and especially in the National Council of Provinces as an important part of ensuring full provincial participation in national matters; to provide additional research support that helps legislatures and the National Council of Provinces to identify the provincial and local interests more accurately; to improve our oversight and accountability capacity; to improve substantially the financial management of Parliament; and to ensure our debates are not a repetition of the debates of the other House. These are the main tasks to which the House will commit itself over the next five years.
The hard work of members for the past few years sends a strong signal of our intention to make the NCOP a House of the people, fully responsive to the mandate and supporting South Africans in creating a better life for all.
I will not keep members and our guests long. I would like to pay tribute to the former Chairpersons, Minister Mosiuoa Lekota, now the Minister of Defence, and Ms Naledi Pandor, now the Minister of Education. [Applause.] I congratulate them on their appointment and on the work they did for the NCOP. In the same breath I wish to extend a word of gratitude to Mr Enver Surty, our former Chief Whip. I hope he and Ms Naledi Pandor will make the best team in the Department of Education and Minister and Deputy Minister. [Applause.]
I wish to recognise the presence of the president of the Commonwealth of Dominica, a member of the Caribbean islands, his Excellency Dr Nicholas Liverpool and his spouse on the gallery. [Applause.]
I also want to thank our NCOP staff and every person who has contributed to the successful preparations for this day. I would also like to thank the media for the interest they have taken in this House, and I look forward to a fruitful working relationship in the future.
I congratulate all hon members sworn in today and invite you to come outside to the steps for a group photo after the election of the Rotating Deputy Chairperson.
I would like to end by saying that this is a challenge, and I am looking forward to it. With the help of everybody, we will make it happen for the betterment of our people in South Africa. [Applause.]
ELECTION OF ROTATING DEPUTY CHAIRPERSON
The CHAIRPERSON OF THE NCOP: Order! We now proceed with the nomination of the Rotating Deputy Chairperson of the National Council of Provinces.
Mr Thembinkosi Willies Mchunu, seconded by Mr Ebrahim Rasool, nominated Ms Frances Beatrice Marshoff for election as Rotating Deputy Chairperson of the National Council of Provinces.
The Returning Officer reported to the Chairperson that the nomination paper had been properly completed.
There being no further nominations, the Chairperson declared Ms Frances Beatrice Marshoff properly elected Rotating Deputy Chairperson of the National Council of Provinces.
The CHAIRPERSON OF THE NCOP: I want to take this opportunity of congratulating the hon Premier of the Free State, Ms Beatrice Marshoff. Premier Rasool, we are in the same position. I don’t know her street address, but I know the house. We welcome you as the Rotating Deputy Chairperson of this Council. [Applause.]
I shall now proceed to afford delegation heads of the various provinces, party representatives and members of Salga an opportunity to say a few words.
The PREMIER OF THE EASTERN CAPE (Ms N Balindlela): Hon President of the Republic of South Africa, hon Judge Chaskalson, Chairperson of the NCOP, NCOP delegates, ladies and gentlemen, firstly I would like to thank the President of the Republic for his affirmation of the role of women in South Africa and in Africa. Not only is this evident in Cabinet appointments, but it is also evident in the appointment of premiers in the provinces and of presiding officers in this House this afternoon. This is a wonderful accolade for women in our country, an accolade that has never been given before.
Re a leboha, mora Mamofokeng, yena ya ileng a tshwara thipa ka bohaleng. [We thank you, son of Mamofokeng, the women who supported you through the hard times.] Siyabulela ke, Zizi. [Thank you, Zizi.]
Secondly, I would like to say now that we as delegates, particularly I as the leader of delegates from the Eastern Cape, would like to say congratulations to all the members of the NCOP who have been sworn in today. You members have a trying task ahead of you, representing the interests of the people of South Africa. I, however, have no doubt that you are confident in this challenging time, and that the delivery during the next 10 years of democracy will surpass the delivery during the past 10 years. We would like you to remember the words of our President when he presented the ANC’s election manifesto. Those words are still ringing for all of us, when he said, “We shall not abandon the poor”. Today we are promising, again, that we shall not abandon the poor. Thank you very much. [Applause.]
The PREMIER OF THE FREE STATE (Mrs F B Marshoff): Hon Chairperson, Deputy Chairperson, hon President, hon members, permanent delegates, rotating delegates, and leaders of the delegations, I am indeed honoured to congratulate the Chairperson, the Deputy Chairperson, as well as myself on having been elected as the first rotating Deputy Chairperson of this House, that you have been accorded the responsibility to assure that one of the pillars of our democracy is consolidated and strengthened in the next five years.
Also, I am pleased to congratulate the permanent delegates on their election to this House. Hon Chairperson, the mandate that our Government has been given by the people of South Africa speaks for itself. The contract with the people of our country has been sealed. Our responsibility for the next five years is to ensure that we deliver on it. Through the NCOP, we will continue to ensure that the interests of the people of our provinces come first. We will continue to ensure that we work together in a manner that guarantees that all of us as individuals, and collectively, strive for the betterment of our people.
We all know the challenges that are facing the people in our communities, and we also know what the expectations are from all of us. They are convinced that during the next five years their lives will be changed for the better. Today we rededicate ourselves to making certain that we live up to these expectations. We will fight hunger, poverty, joblessness, malnutrition, HIV/Aids, as well as all the other challenges facing our people.
I am certain that we will use this instrument, the NCOP, for the development and for the betterment of all our people and for our country. I thank you. [Applause.]
Mr R MDAKANE (Gauteng): Hon Chairperson of the NCOP, hon President of the Republic of South Africa, leaders of delegations, comrades and friends, Gauteng congratulates all of you on these new responsibilities entrusted to you to run this important organ of our people. We will support you and work together with you and all our people, in all the ways, in order for us to be able to represent our people in our provinces. We will work together with them and you, hon members, to fight against poverty and to create jobs for our people. We wish that this House could represent the interests of our people, from now and forever. We thank you, hon Chairperson. [Applause.]
Mr T W MCHUNU (KwaZulu-Natal): Hon President, hon Chairperson of the NCOP, the deputies of the NCOP, on behalf of our Premier, hon S’bu Ndebele, his government and the parliament of KwaZulu-Natal, we wish to congratulate all the members who have been sworn in today and in particular to congratulate yourself, Chairperson of the NCOP, and your deputies, for being elected to such honourable positions.
KwaZulu-Natal is proud to be part of the National Council of Provinces. We have in the past played a very active role in strengthening this institution as we have always believed that it is a very important institution in the process of nation-building. We again recommit ourselves to playing that role and to do our best as a province to support the leadership of this institution, as well as the members of this institution in support of the project of nation-building.
We are going to be contributing to this project of nation-building through a process that would essentially start at home in our own province in uniting the people of that province, as well as leading the fight against poverty, unemployment and the rest of the ills that beset the peoples of that province. As of today, we say: Thank you for the role you have afforded us and good luck to this institution and to your leadership. [Applause.]
Kgoshi L M MOKOENA: Thank you, Chairperson. Hon President, premiers and colleagues, I rise on behalf of my peaceful province, Limpopo, to say congratulations to you, Chairperson, and your deputies, for being elected to these positions that are very important, but which are also very challenging at the same time.
As you know, there are some members who, at times, get excited over nothing. You are tasked with the responsibility of making sure that there is discipline in this House. That will be done to ensure that the dignity of this House is always maintained. However, that cannot be if we as members and provinces do not reciprocate. As you know, this unique House is the mirror of our democratic Government. Having worked with you, Chairperson, in the justice committee and other committees, I know that you are going to make it work. With a hardworking person like M J Mahlangu, you are forming a wonderful, powerful, marvellous, calculated, accurate, perfect and dynamic team. [Laughter.] Expect our undivided loyality and support. Congratulations. [Applause.]
The PREMIER OF MPUMALANGA (Mr T Makwetla): Hon President of the Republic, Madam Chairperson, delegates to the National Council of Provinces, it gives me great pleasure on behalf of the province of Mpumalanga to add our voice in congratulating the newly elected office bearers of the NCOP and its delegates for the next five years. It is our hope and belief that with your leadership, Madam Chair, we shall continue in the next five years to enrich the legacy of this unique Chamber of the Parliament of the Republic. We are looking forward enthusiastically to the privilege of bringing into the inputs of this House the sentiments and views of people from our region of this country. In the process we will, as we all believe, improve the quality of the democracy that our people, over many decades, fought for. I thank you. [Applause.]
THE PREMIER OF THE NORTH WEST PROVINCE (Ms E Molewa): Thank you, hon Chairperson, President of South Africa, honourable Judge President, colleagues who are leaders of delegations from various provinces and hon members. Just over 10 years ago in the North West Province, in the villages such as Kgabalatsane, Mathateng, Winterveld, Taaiboskraal and many other villages, our people did not have amenities; our people did not have services like water, electricity, schools, clinics and many other basic services. They also had no hope that they would ever have these services.
Just 10 years down the line, many of our children are now able to attend schools under better conditions, sleep under good shelters, being certain that there is a clinic in the neighbourhood to go to when they are sick. What is important to note is that there is now hope that they will indeed one day be like all other South Africans residing in Houghton, in Cashan, in Menlo Park, in Potchefstroom and all over where there are these amenities. Our people say they have no words with which to thank our President, our ruling party and our Government in general for doing such wonderful things for them. They have expressed this in words and also in numbers as they came to vote.
We cannot really just not notice the work and the contribution done by this House previously. We therefore would like to thank the past delegates, as well as the leadership of our House, the National Council of Provinces, and indeed, we congratulate all of the new members of this House, as well as the Chairperson and the Deputy Chairperson. We are looking forward to working with you in the future. We have had visits by this House in the past and we are looking forward to interacting with you. We congratulate you. We are deploying very able men and women in this House to work with you. Thank you, once again, and congratulations in your daunting task as you face the future. Thank you. [Applause.]
The PREMIER OF THE WESTERN CAPE (Mr E Rasool): Madam Chairperson, hon President, heads of delegations, on behalf of the Western Cape, I want to congratulate Chairperson Joyce Kgoali, Deputy Chairperson M J Mahlangu and second Deputy Chairperson Beatrice Marshoff who are all members of the National Council of Provinces.
I want to congratulate them and express confidence that they will be responsible and preside over further evolution of the work of the National Council of Provinces. They should make the National Council of Provinces a point of contact, debate and consensus between national, provincial and local government, and ultimately the point of co-operation in delivering the people’s contract to create work and fight poverty.
I also want to express confidence that this will be the House in which national legislation and policy will be enriched. As the Western Cape, we will play our role in enriching all of those processes.
Madam Chairperson, we also know that you, your presiding officers and members will spend much time in this province of the Western Cape. We want to say to you: “Welcome to the Western Cape.’’ We are determined, in this third Parliament, to make the Western Cape a home for all its people. In welcoming you, we want to say to you, “Feel at home during the third Parliament in this province of the Western Cape.’’ [Applause.]
Ms H JENKINS (Salga): Chairperson, hon President, leaders of delegations, special delegates, comrades, ladies and gentlemen, on behalf of the Chairperson of Salga, Father Smangaliso Mkhatshwa, members of the national leadership of Salga, member municipalities and the broader local government fraternity, I am indeed honoured to deliver a congratulatory message to the new Chairperson and newly-appointed members of the NCOP. In doing so, I extend my heartfelt gratitude to the outgoing Chairperson of the Council, Ms Naledi Pandor, for her astute leadership and unwavering commitment in contributing invaluably to our democratic order.
Salga enjoyed a warm and cordial relationship with the former Chairperson. We wish her every success in her new portfolio as national Minister of Education. We look forward to renewing our acquaintance with Mrs Pandor in her new office.
Our congratulations are extended to the newly-appointed Chairperson of the NCOP, Ms Joyce Kgoali. We are certain that we will give you and your collective leadership our steadfast support. Salga, in its many future undertakings with you personally and the NCOP as a whole, will strive to perfect our unique system of co-operative governance for the greater good of our country and our people.
It is common knowledge that as a government collective, the period ahead will confront us with formidable, but not insurmountable challenges. Together with our partners in Government, the local government sector is ready to meet these challenges, especially that of fighting and eradicating poverty. This scourge of our nation can only be overcome by a united onslaught. Salga pledges its unflinching commitment to contributing towards a poverty-free South Africa.
Congratulations and best wishes are also extended to the Deputy Chairperson, the hon Mr Mahlangu, on his reappointment; the rotating Deputy Chairperson, Ms Marshoff, who has just been sworn in; and all other members of the NCOP.
I am confident that within the next few years South Africa will witness unprecedented economic growth, and that President Mbeki’s great vision for South Africa and a new Africa will be on the path to being realised. I thank you. [Applause.]
Mr A WATSON: Hon Mr President, Chief Justice Chaskalson, hon Madam Chair, deputies and colleagues, I have the pleasure to rise on behalf of the Official Opposition, the DA, to wish you, Madam Chair, the best in your new office to which you have just been elected, together with your deputies. I also wish to congratulate all delegates that have been sworn in today.
Siyakubongela mama ngalokhu kukhethwa kwakho namhlanje. Sithandazela ukuthi uNkulunkulu akuphathe ngesandla sakhe ukuze siqhubeke kahle nomsebenzi. [Congratulations on your appointment today. We pray that God will be with you so that we can continue to do the work very well.]
Mev die Voorsitter, ons is pas deur ‘n fel stryd in hierdie pas afgelope verkiesing, en die een ding wat vir almal baie duidelik na vore gekom het, was dat die groot uitdagings van ons land, naamlik armoede, werkloosheid, misdaad, korrupsie, MIV/Vigs en gesondheid in die algemeen nog steeds groot probleme vir hierdie land inhou en dat dit nou daadwerklik aangespreek moet word. (Translation of Afrikaans paragraph follows.)
[Madam Chairperson, we have just been through a tough struggle in this recent election, and the one thing that came across very clearly to everyone, was that the big challenges for our country, namely poverty, unemployment, crime, corruption, HIV/Aids and health in general are still posing big problems for this country and should now be actively addressed.]
We share the goals that you have as Government, Mr President. We, as the Official Opposition, will help and work with you to arrive at solutions for those goals. We will obviously differ at times on how you attempt to reach those goals. However, our task will be to guide you as far as possible. Do not see the obstacles of our country as stumbling blocks, but turn them into stepping stones.
Re le lakaletsa pula, nala, le kgotso. Modimo a be le lona. Ke a leboha. [Ditlatse.] [We wish you peace and prosperity. God be with you. Thank you. [Applause.]]
Mong M A MZIZI: Modulasetulo, le batlatsi ba hao. IFP e ema e o tshehetsa
le ho o lakaletsa mahlohonolo kgethong ya hao le bao dikadikileng. IFP ere
ho wena, mma, mma ngwana o tshwara thipa ka bohaleng'. IFP ere ho wena
etla sebedisana le wena ha feela o sa re, mmetlakgola o e lebisa ho wa
habo.’ Kahoo, e tla be e le hore o tla fumana tshehetso e felletseng ho
IFP. Ba se ba boletse ba hlahang Gauteng moo ke hlahang teng. E tla be e le
ho phetapheta seo ba se buileng. Feela IFP ere molaetsa o mong, oo e neng e
ntse e o etsa ka dinako tsohle. (Translation of Sesotho paragraph follows.)
[Mr M A MZIZI: Chairperson and Deputy Chairperson, the IFP would like to support you and wish you success on your appointment, as well as those who are with you. The IFP says to you: “A woman works hard to take care of her children”. The IFP says to you that it will co-operate with you only if you are not biased in your work. If you do that, you will get full support of the IFP. Other speakers from Gauteng have said enough; I would only be repeating what has already been said. However, the IFP says that there is only one message, the message it has been sending out all these years.]
Sithi amandla awangahlali kuHulumeni omkhulu, awehle aye ezifundazweni aze afike ngisho nasezifundeni ngoba yilapho abantu bekhona nalapho abantu basheshe bezwe khona. UHulumeni omkhulu uyokuzwa ngathi thina esiqhamuka ezifundazweni. Ngiyothokoza uma lokho kungase kwenzeke futhi uma noMzizi neKhabhinethi yakhe bengake bakubheke lokho ngoba ziningi izinto.
Omunye udadewethu waseNorth West uke wakhuluma ngezindlu nezinye izinto abantu abazintulayo. NaseGauteng kuntuleka imisebenzi. Niyazi-ke ukuthi iGauteng iwumnyombo womnotho waseNingizimu Afrika. Uma kwentuleka umsebenzi kusho ukuthi abantu baningi kakhulu, ngakho-ke abantu abasakwazi ngisho nokukhokhela imisebenzi kamasipala. Bayaxoshwa ezindlini futhi baboshwe kuthiwe bahleli ngokungemthetho ezindlini zabo. Ngiyamcela-ke uHulumeni omkhulu ukuthi ake aphakamise indlebe ezwe ukukhala kwabantu. Ngiyabonga. [Ihlombe.] (Translation of isiZulu paragraphs follows.)
[We are saying the national Government should not have all the powers; it must be distributed to provinces and even to the districts, because that is where people are and where they can hear immediately. The national Government will hear from us, the people, who come from the provinces. I will be very pleased if that could happen and Mzizi and his Cabinet could look at it.
A colleague from the North West spoke of housing shortages and many other things people do not have. In Gauteng as well, there are no job opportunities. If there are no job opportunities, it means there are too many people and therefore people can’t even afford to pay for municipal services. They are being evicted and prosecuted for trespassing in their own homes. I am appealing to the national Government to prick its ears and listen to the plight of the people. I thank you. [Applause.]]
Mr K SINCLAIR: Chairperson, hon President, hon Premiers, speakers and members of this august House, on behalf of the NNP, I want to congratulate all the office bearers that have been elected here today. We want to wish them the best of luck and the best of everything for the next term of office, for the next five years.
We want to thank the previous office bearers, the Chairpersons, the Deputy Chairs and the members, but also the officials who laid the foundation for this House, this second Chamber of Parliament, to fulfil its constitutional obligation.
The NNP will position itself where it will matter. We will take our agreement with the ANC forward, also in this House. The NNP won’t be part of the prophets of doom, and we will be there to address the issues of our time. I thank you. [Applause.]
Mrs A N D QIKANI: Hon President, Chief Justice, Chairperson and all members of the NCOP, I congratulate you this day. Though we are aware that we come from different political parties and we recently suffered a huge amount of pressure due to election campaigns, we are here and we have to work collectively to come up with sound results. To do that effectively we have to support the newly elected members of the Council. As the UDM we therefore pledge our support to them.
Ndithi oomama mabaqine. Xa ndijongile apha, izithethi ezininzi eziphakamayo ngoomama. Malibongwe! [I want to encourage women to be strong. When I look at the speakers’ list, I notice that most of them are women. Praise!]
Mr J O TLHAGALE: Hon Chair, his Excellency the President, his Worship the Chief Justice, hon Minister of Education, hon premiers present here, hon special delegates, hon colleagues and comrades, I stand on behalf of the UCDP to congratulate our colleague the hon Mrs Kgoali on her election as Chairperson of the National Council of Provinces, together with the hon Mr Mahlangu as Deputy Chairperson and the hon Ms Marshoff as the rotating Chairperson of the National Council of Provinces. I also wish them well and hope that the Almighty God will shower them with the necessary blessings that will enable them to execute the functions of their offices with honour and dignity.
We have all entered a very critical period in our political life, namely the period of delivery - delivery of services to our constituencies and support bases, delivery of love to one another, delivery of kindness to our neighbours and even to our so-called enemies.
Rona ba UCDP re rata go solofetsa gore re tla go tshegetsa, le go ema le wena. Re tla dira gotlhe go go mo nonofong ya rona go tsweledisa tiro yotlhe e e amanang le diporofense tsa rona tsotlhe. [Legofi.] [We as the UCDP would like to promise you that we will support you and stand by you. We will do everything in our power to advance all the work that has to do with all our provinces. [Applause.]]
Rev E ADOLPH: Hon Chair, hon President of the Republic of South Africa, Thabo Mbeki, Chief Justice, the premiers of the different provinces, all distinguished guests here today and all sworn-in members of the NCOP, I think on behalf of the ID we have to commend the President for creating a paradigm shift in the emancipation process of women. You set the perfect example by bringing more women into Parliament. Today this has been affirmed by the election of our hon Chair and Deputy Chair.
I want to assure you of our unconditional support of this House, and in the same breath I want to state that we will rigorously hold you responsible for implementing the people’s contract to deliver on behalf of the people who suffer. All those challenges that you are facing, we are facing them with you. I strongly believe that this House has the capacity to work together and to build together, so we can shape and reshape our country to make a better life for all. Thank you, Madam Chair. [Applause.]
The PERMANENT DEPUTY CHAIRPERSON OF THE NCOP (Mr M J Mahlangu): Ngithanda ukuthatha leli thuba ngibonge kuwe mngcinisihlalo ukuthi nami kengiphefumule kancane. Bese ngicabanga ukuthi ungikhohliwe. Ngiyabonga kakhulu-ke uma usungiphile leli thuba. [I would like to take this opportunity to say thank you to you, chairperson, for allowing me to make my brief comments. I was begining to think that you have forgotten about me. Thank you very much.]
Hon President, Ministers present here in this House today, permanent delegates and special delegates, leaders of the delegation, Salga, provincial Speakers, may I take this opportunity to thank my organisation, the ANC, for picking my name to be one of the presiding officers, particularly in the NCOP. I wish to thank you very much. That is the confidence that the organisation has shown in me as a person and I will uphold it. I will not disappoint the organisation. May I also thank all the members who elected me unanimously as permanent Deputy Chairperson of the Council.
Madam Chairperson, allow me also to congratulate you on having been unanimously elected as Chairperson of this House. I have great confidence, as Kgoshi Mokoena has already indicated, that you are a very strong woman. We know you and we have worked very close with you. We know that you will steer this ship, and, together with you, we will make sure that this institution survives. May I also congratulate our former Chairperson - I can see she is in the House. Comrade Naledi, you have made an input with regard to the direction of this House. I know how much effort you put into the building of this institution. You did a wonderful job whilst you were Chairperson of this institution and we will follow in your footsteps. Don’t forget that when we meet difficulties, we will always pick up the phone and ask you to come to our rescue and assist us.
I also wish to congratulate you, Comrade Naledi, on your appointment as Minister of Education. Congratulations in your new portfolio. I know you will also prosper there and I know you will do a wonderful job.
Chairperson, if you will allow me, my congratulations also go to both the newly elected presiding officers in the National Assembly - I didn’t have time to congratulate them - Comrade Baleka and Comrade Gwen Mahlangu- Nkabinde. I congratulate them as new presiding officers in the other House. I hope they will also do a very good job in that House.
Let me just say the following. Perhaps people are not aware that this is one of the most important institutions. The NCOP is very important, and all those people who have joined this House should know from today that they have come to a very, very important House. You have a very big job ahead of you. The task is very great, but normally in this House we work as team and we are able to achieve whatever work is before us. We are a small group, but we work together and we don’t forget, as one speaker has already indicated, that we represent our provinces.
This is crucial in the sense that in this House local government is represented here, as well as the provinces. All the laws that come from the National Assembly are scrutinised here. Therefore this is an enormous job. A huge amount of work is carried out in this House. I therefore invite you all today, as you have been sworn in as permanent delegates of this House, to be prepared to take up this very difficult task and move with it.
I also want to indicate that the task facing us as members here is that of the oversight function. That is a very crucial job that we have to undertake, to make sure that the laws that we pass in both Houses are well implemented on the ground and that they make the lives of the people better. We pass those laws so that they can assist the people on the ground. I want to remind you also that as permanent delegates during our provincial visits and our provincial weeks it is crucial that we invite our provinces to plan together with us, so that as we go to ground level, we work together with the provinces to achieve the goal which we have set ourselves to achieve as the NCOP.
With these few words - I don’t want to speak too long - may I take this opportunity to say thank you very much. I wish every one of you good luck in your positions and in your work. Thank you very much. [Applause.] The ROTATING DEPUTY CHAIRPERSON OF THE NCOP (Mrs F B Marshoff): Thank you, Chairperson. It’s very difficult for me to speak just after the Deputy Chairperson has spoken, but I am going to emulate him and say that it is indeed an honour for me to have been elected as the Rotating Deputy Chairperson of this House. This is indeed a very, very steep learning curve for me, and, as someone that has to assume duties in this House, I know it’s going to be a very big challenge for me.
I’d once again like to say to the members and to the delegates, both the permanent delegates and the special delegates, that I do, indeed, feel honoured for the trust and faith that you have put in me to take up this responsibility. I will ensure that I do it to the best of my ability. I will also ensure that I always carry the torch of our provinces. Individually and collectively we will ensure that we do indeed deliver on the mandate that the people have given us.
Chairperson, I want to congratulate you on having been elected as Chairperson and I also want to give you the assurance that you will have my support. I will ensure that the work that needs to be done is done.
To the members present here, I also want to say that it is indeed a big challenge for us. We have our responsibilities, but we also have a constitutional obligation to ensure that the work of this House is carried out and that it is carried out to the best of our ability.
To the outgoing Chairperson and the newly appointed Minister of Education, Comrade Naledi Pandor, I want to say thank you very much for the foundations that you have laid in this House. We assure you that we will continue to build upon them and that the work here carries the flag of our people. I thank you very much, Chairperson. [Applause.]
The CHAIRPERSON OF THE NCOP: May I once more thank everybody, and also thank the President of the Commonwealth of the Dominica, His Excellency Dr Nicholas Liverpool, and his spouse. Thank you very much for being with us today, Mr President. I’m sure we are all blessed to be with you as we start our work in this third term of Parliament.
We hope and we promise that we will do our best to ensure that we uphold what the people of South Africa have requested us to do. It is our responsibility. We want to give you our support as this House, as permanent delegates, in order to make sure that the lives of our people get better day by day. We will do that as a collective in this House.
That concludes the business of the first sitting of the National Council of Provinces of the third Parliament of South Africa. [Applause.]
The Council adjourned at 15:22. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
WEDNESDAY, 31 MARCH 2004
ANNOUNCEMENTS National Assembly and National Council of Provinces
- Assent by President in respect of Bills
(1) Alteration of Sex Description and Sex Status Bill [B 37D - 2003]
- Act No 49 of 2003 (assented to and signed by President on 9
March 2004); and
(2) Judicial Matters Second Amendment Bill [B 41B - 2003] - Act No
55 of 2003 (assented to and signed by President on 25 March 2004).
- Translations of Bills submitted
(1) The Minister of Social Development
(i) Wetsontwerp op die Suid-Afrikaanse Agentskap vir
Maatskaplike Sekerheid [W 51 - 2003] (National Assembly -
sec 76).
This is the official translation into Afrikaans of the
South African Social Security Agency Bill [B 51 - 2003]
(National Assembly - sec 76).
(ii) Wetsontwerp op Maatskaplike Bystand [W 57 - 2003]
(National Assembly - sec 76).
This is the official translation into Afrikaans of the Social
Assistance Bill [B 57 - 2003] (National Assembly - sec 76).
(2) The Minister of Environmental Affairs and Tourism
(i) Tweede Wysigingswetsontwerp op Nasionale Omgewingsbestuur
[W 56 - 2003] (National Assembly - sec 76).
This is the official translation into Afrikaans of the
National Environmental Management Second Amendment Bill [B 56
- 2003] (National Council of Provinces - sec 76). National Council of Provinces
- Membership of Council
(1) The vacancy in the representation of the Gauteng Province which
occurred owing to the resignation of Ms B N Sono has been filled
with effect from 4 March 2004 by the appointment of Ms Sherry Su-
Huei Chen.
TABLINGS
National Council of Provinces
- The Chairperson:
(a) The President of the Republic submitted the following letter
dated 18 March 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 OF THE INTERNATIONAL OBLIGATIONS OF THE REPUBLIC OF
SOUTH AFRICA TOWARDS THE AFRICAN UNION
This serves to inform the National Council of Provinces that I
authorised the employment of the South African National Defence
Force (SANDF) personnel in fullfilment of the international
obligations of the Republic of South Africa towards the African
Union Mission in Comoros.
This employment was authorised in accordance with the provisions
of Section 201(2)(c) of the Constitution of the Republic of South
Africa, 1996 (Act No 108 of 1996), read with section 93 of the
Defence Act, 2002 (Act No 42 of 2002).
A total of 17 SANDF members will be deployed to Comoros to act as
military observers and in support of the south African Police
Service (SAPS) training effort. The Comoros Nation will be holding
Parliamentary elections over the period March to April 2004. The
AU commission has approached member states to contribute personnel
to the AU Observer Mission during the said elections. The
deployment will be as follows:
Seven military observers comprised of:
(a) One Colonel;
(b) Tow Majors and a Lieutenant Commander;
(c) Two Navy Lieutenants;
(d) One Non-Commissioned Officer for Operations; and
11 members in support of the SAPS training effort comprised of:
(a) Two French-speaking Interpreters;
(b) Two Communication Technicians; and
(c) Seven Aircrew members.
The SANDF members will be deployed throughout the electoral
period, which is expected by the African Union (AU) to be for a
maximum period of four months. According to the AU practice, the
AU will provide return air tickets and daily subsistence allowance
of US$ 90 to cover meals, acommodation and incidental expenses of
the seven military observers. Members will also be paid the
standard Republic of South Africa allowances for foreign
deployment. The estimated cost for the deployment of the military
obervers is as follows:
(a) Republic of South Africa allowance R191 243
(b) Reserve Force wages, subsistence and travel allowance R 49
747
Total estimated cost R240 990
The Department of Foreign Affairs will be responsible for funding
the Republic of South Africa allowances and the Department of
Defence will be responsible for the rest of the cost from their
current budget allocation.
The cost for the 11 members deployed in support of the SAPS
training effort will depend on the actual operational
requirements, but is estimated as follows:
(a) Preparation and communication R 61 728
(b) Two support flights, C 130 and Casa 212 Aircraft R960 062
(c) Allowances and accommodation R570 647
Total Estimated CostR1 592 437
The Department of Foreign Affairs will bear this cost.
I will also communicate this report to the Members of the National
Assembly, as well as to the Joint Standing Committee on Defence,
and wish to request that you bring the contents of this report to
the notice of the National Council of Provinces.
Regards
T M MBEKI
TUESDAY, 4 MAY 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Assent by President in respect of Bills
(1) Armaments Corporation of South Africa, Limited Bill [B 18D -
2003] - Act No 51 of 2003 (assented to and signed by President on
20 April 2004);
(2) Petroleum Products Amendment Bill [B 25D - 2003] - Act No 58 of
2003 (assented to and signed by President on 20 April 2004);
(3) Liquor Bill [B 23F - 2003] - Act No 59 of 2003 (assented to and
signed by President on 20 April 2004);
(4) Education Laws Amendment Bill [B 38D - 2003] - Act No 1 of 2004
(assented to and signed by President on 20 April 2004);
(5) Telecommunications Amendment Bill [B 65B - 2003] - Act No 2 of
2004 (assented to and signed by President on 30 March 2004);
(6) Drought Relief Adjustments Appropriation Bill [B 5 - 2004] - Act
No 3 of 2004 (assented to and signed by President on 30 March
2004);
(7) Division of Revenue Bill [B 4B - 2004] - Act No 5 of 2004
(assented to and signed by President on 30 March 2004); and
(8) Prevention and Combating of Corrupt Activities Bill [B 19D -
2002] - Act No 12 of 2004 (assented to and signed by President on
27 April 2004).
National Council of Provinces
- Adoption of Rules
The Rules of the National Council of Provinces will be placed before
the Council for adoption at its plenary on 5 May 2004.
Copies of the document are available from the Office of the Clerk of
the Papers and will also be distributed to all Members prior to the
sitting.
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
(a) Report of the Auditor-General on the Financial Statements of the
Special Pensions Board for the period April 1999 to March 2003 [RP
22-2004].
(b) Report of the Office of the Auditor-General on the Budget of
Income and Expenditure for 2004-2005 [RP 28-2004].
(c) Report on the Review of the Organization and Post Establishment
of the Office of the Public Protector for the period January to
December 2002.
- The Minister of Foreign Affairs
(a) Protocol to the African Charter on Human and Peoples' Rights on
The Rights of Women in Africa, tabled in terms of section 231(2)
of the Constitution, 1996.
(b) Explanatory Memorandum to the Protocol to the African Charter on
Human and Peoples' Rights on The Rights of Women in Africa.
- The Minister of Defence
Strategic Plan of the Department of Defence for 2004-2007 [RP 23-2004]. 4. The Minister of Finance
(a) Convention between the Government of the Republic of South
Africa and the Cabinet of Ministers of Ukraine for the Avoidance
of Double Taxation and the Prevention of Fiscal Evasion with
respect to Taxes on Income, tabled in terms of section 231(2) of
the Constitution, 1996.
(b) Explanatory Memorandum on the Avoidance of Double Taxation and
the Prevention of Fiscal Evasion with respect to Taxes on Income.
(c) Agreement between the Government of the Republic of South Africa
and the Government of the State of Kuwait for the Avoidance of
Double Taxation and the Prevention of Fiscal Evasion with respect
to Taxes on Income, tabled in terms of section 231(2) of the
Constitution, 1996.
(d) Explanatory Memorandum on the Double Taxation Agreement between
the Republic of South Africa and the State of Kuwait.
(e) Agreement between the Government of the Republic of South Africa
and the Government of the Kingdom of Swaziland for the Avoidance
of Double Taxation and the Prevention of Fiscal Evasion with
respect to Taxes on Income, tabled in terms of section 231(2) of
the Constitution, 1996.
(f) Explanatory Memorandum on the Double Taxation Agreement between
the Republic of South Africa and the Kingdom of Swaziland.
- The Minister of Transport
Report and Financial Statements of the South African Civil Aviation
Authority for 2002-2003, including the Report of the Independent
Auditors on the Financial Statements for 2002-2003 [RP 15-2004].
- The Minister for Agriculture and Land Affairs
Strategic Plan for the Department of Agriculture.
- The Minister of Health
Agreement between the Government of the Republic of South Africa and
the Government of the Republic of Angola on Health Matters, tabled in
terms of section 231(3) of the Constitution, 1996.
- The Minister for Safety and Security
Agreement between the Government of the Republic of South Africa and
the Government of the Republic of Turkey on Police Cooperation, tabled
in terms of section 231(3) of the Constitution, 1996.
- The Minister of Education
Strategic Plan of the Department of Education for 2004-2006.
- The Minister of Housing
Report and Financial Statements of Vote 17 - Department of Housing for
2002-2003, including the Report of the Auditor-General on the Financial
Statements for 2002-2003.
National Council of Provinces
- The Chairperson
The President of the Republic submitted the following letter dated 8
April 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 TOWARDS THE GOVERNMENT OF THE REPUBLIC OF MADAGASCAR
FOR HUMANITARIAN ASSISTANCE
This serves to inform the National Council of Provinces that I
authorised the employment of the South African National Defence
Force (SANDF) personnel in fulfilment of the international
obligations of the Republic of South Africa towards the government
of the Republic of Madagascar, for humanitarian assistance, in the
provision of air transport for emergency relief to cyclone
affected areas.
This employment was authorised in accordance with the provisions
of Section 201(2)(c) of the Constitution of the Republic of South
Africa, 1996 (Act No 108 of 1996), read with section 93 of the
Defence Act, 2002 (Act No 42 of 2002).
A total of 65 members were employed, consisting of command and
control elements, communications personnel, an interpreter, a
media liaison, medical personnel, aircrew members, ground crew
members and a protection element. The duration of the mission is
14 days.
The main equipment for the execution of the task will consist of:
(a) four Oryx helicopters;
(b) one fixed wing light aircraft;
(c) one Falcon 50 aircraft;
(d) one C-130 Hercules aircraft; and
(e) three chartered IL-76 transport aircraft.
The total estimated cost for the personnel and equipment is
R12 713 651,94.
The Department of Provincial and Local Government will bear
the costs.
I will also communicate this report to the Members of the National
Assembly as well as to the Joint Standing Committee on Defence,
and wish to request that you bring the contents of this report to
the notice of the National Council of Provinces.
Regards
T M MBEKI