National Council of Provinces - 14 September 2004
TUESDAY, 14 SEPTEMBER 2004 __
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
____
The Council met at 14:05.
The Chairperson took the Chair and requested members to observe a moment of silence for prayers and meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
NOTICES OF MOTION
Mr M A MZIZI: Chairperson, I hereby give notice that on the next sitting day of the Council, I shall move on behalf of the IFP:
That the Council –
(i) notes with alarm that a very disturbing and serious situation has developed whereby members of the judiciary are being targeted for attacks and intimidation by criminals;
(ii) further notes that if this situation is not addressed and given the serious attention that it deserves, it could escalate and result in our judges and magistrates increasingly being targeted by these criminals,
(iii) acknowledges that there is a need to provide members of the judiciary with the protection and security that they need in order to perform their duties without fear or intimidation; and
(iv) urges the relevant governmental departments and stakeholders to work together to find a solution to this problem.
Mr T S SETONA: Chairperson, I am not sure whether you will rule me out of order, but I just wanted to check from a procedural point of view whether it is acceptable for an hon member to mislead the House, based on the motion that has just been read.
The CHAIRPERSON OF THE NCOP: Hon Setona, we will look into the matter and respond accordingly.
Mr T S SETONA: Chairperson, the Department of Justice has gone public that all the allegations and sensational reporting in the media on the alleged threat to judicial officers is misplaced. The member still comes here and delivers a notice of motion creating the effect that he is speaking on behalf of the department and says that they are under siege. That is why I am rising on a point of order.
The CHAIRPERSON OF THE NCOP: Could we refrain from debating the matter, hon members. Can we respond to the matter, as I have indicated earlier on.
THE VISION AND LEGACY OF STEVE BIKO
(Draft Resolution)
Mr N M RAJU: Chairperson, I move without notice:
That the Council -
(1) notes that 27 years ago, yesterday, one of South Africa’s greatest political icons, Steve Biko was brutally removed from society by the old regime’s security police;
(2) further notes that -
(a) Steve Biko, the father of the Black Consciousness
Movement, was a source of infinite inspiration to the
downtrodden masses of South Africa; and
(b) by preaching that black was beautiful, Steve Biko exhorted
the oppressed to be proud of their colour and to walk with
their heads held high and not to make any apologies to anyone
for their blackness;
(3) acknowledges that this philosophy of pride in oneself injected a new sense of urgency among the victims of apartheid and struggle activists to determine the pace of the struggle for freedom from persecution, not according to the terms of the oppressor, but according to their own terms; and
4) bows its head in tribute to the vision and legacy of the great
Steve Bantu Biko.
Motion agreed to in accordance with section 65 of the Constitution.
SWIMMING POOL AT NTUZUMA AND MUNICIPAL BUILDING IN MKHUZE, KWAZULU-NATAL
(Draft Resolution)
Nkk J N VILAKAZI: Sihlalo, ngiphakamisa lesi siphakamiso ngaphandle kwesaziso:
Ukuthi uMkhandlu -
(1) uyawuncoma umsebenzi owenziwe nguMasipala waseThekwini, wokwakha idamu lokubhukuda elihle kangaka eNtuzuma, KwaZulu-Natali;
(2) uyakuphawula ukuthi lelidamu lokubhukuda lizosetshenziselwa ukufundisa umphakathi ukubhukuda, ikakhulukazi intsha, okuyinto ezonciphisa izingozi zokuminza ngenxa yokungakwazi ukubhukuda;
(3) futhi umangaliswa ubuhle besakhiwo esisha sikaMasipala waseMkhanyakude eMkhuze, KwaZulu-Natali;
(4) uyakuqonda ukuthi lo Masipala waseMkhanyakude waqala phansi kwa “a”, akukho sakhiwo asithola sikhona;
(5) ngakho-ke, uyawuncoma umsebenzi owenziwe yilaba bomasipala ababili, uthi kubo: Phambili ngomsebenzi omuhle. (Translation of isiZulu draft resolution follows.)
[Mrs J N VILAKAZI: Chair, I move without notice:
That the Council -
(1) commends the work that has been done by eThekwini Municipality, that of building such a beautiful swimming pool at Ntuzuma, KwaZulu-Natal; (2) notes that this swimming pool will be used to train the community, particularly the youth, to swim, thus minimising the dangers of drowning due to an inability to swim;
(3) further expresses its admiration of the new building of the Mkhanyakude Municipality in Mkhuze, KwaZulu-Natal;
(4) is aware that the Mkhanyakude Municipality started from scratch without any building whatsoever; and
(5) therefore commends the work that has been done by these two municipalities and requests them to continue with the good work.]
Motion agreed to in accordance with section 65 of the Constitution.
THE DEATH OF BEYERS NAUDÉ
(Draft Resolution)
Mr V V Z WINDVOëL: Chair, I move without notice:
That the Council –
(1) notes with profound sadness the death of ``Oom Bey’’, Dr Beyers Naudé, who passed away in the early morning hours of 7 September this year;
(2) further notes that it was in his engagement in the struggle for social justice that one begins to see the deep-furrowed glance of a committed preacher who became the leader of the people;
(3) notes and acknowledges the humiliation, vilification and persecution ``Oom Bey’’ had to suffer as a result of his consistent battles for the recognition of the common dignity and humanity of all South Africans;
(4) further notes that Dr Naudé leaves behind a legacy of dedicated service to our rainbow nation that will inspire future generations to continue working for the deepening of our democracy, based on his conceptual and practical framework for rethinking leadership strategies for this new season of struggle and possibilities; and
(5) conveys our sincerest condolences to the entire family, friends and the entire church community.
Motion agreed to in accordance with section 65 of the Constitution.
RACISM AT HOLIDAY RESORT
(Draft Resolution)
Mr D J BOTHA: Chairperson, I move without notice:
That the Council -
(1) notes with disgust that a little child of colour was asked to prematurely leave the premises of a private holiday resort, Lekkerrus, in Mookgopong (formerly Naboomspruit) in Limpopo over the weekend;
(2) further notes that the child was under the custody of the Cockran family who were registered members of this private resort;
(3) is outraged that such practices still occur after 10 years of democracy; and
(4) observes that the conduct of the Lekkerrus resort violates section 9(4) of the Constitution which states that no person may unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, pregnancy, age, disability, religion, culture, language and birth. Motion agreed to in accordance with section 65 of the Constitution.
EVICTION OF FARM WORKERS IN NORTH WEST
(Draft Resolution)
Mr J O TLHAGALE: Chairperson, I move without notice:
That the Council –
(1) notes with concern our discovery as a provincial delegation during the provincial week that –
(a) at Rustenburg, the platinum town, eight farmworker
families had been evicted by the farm owner for unknown
reasons, which were however rejected by the court;
(b) that the said families are presently accommodated in three
tents within the road enclosure; and
(c) that although the court had ruled for their reinstatement
to their work on the farm, it is practically impossible to
return, as the farm owner had demolished their mud houses and
had disposed of their roofing material; and
(2) condemns this incident in the strongest possible terms and calls on the local municipality and the Minister of Labour to assist them in their unbearable predicament.
Motion agreed to in accordance with section 65 of the Constitution.
SUCCESSFUL PROVINCIAL WEEK
(Draft Resolution)
Ms M N OLIPHANT: Chairperson, I move without notice:
That the Council-
(1) notes that the National Council of Provinces has had a very successful provincial week from 6 to 10 September;
(2) acknowledges the immense contribution which our provincial week has made in strengthening co-operative governance and intergovernmental relations across the various spheres of government; and
(3) expresses its appreciation to all those who have made this week a resounding success.
Motion agreed to in accordance with section 65 of the Constitution.
DEATH OF RAY ALEXANDER SIMONS
(Draft Resolution)
Ms M P THEMBA: Chairperson, I move without notice:
That the Council-
(1) notes with a profound sense of loss the passing away of Ray Alexander Simons, a stalwart of the African National Congress, the South African Communist Party and the trade union movement;
(2) further notes that Comrade Ray was involved in the liberation struggle from an early age, and remained committed throughout her life to the liberation of the South African people from all forms of oppression;
(3) joins all South Africans in paying tribute to this remarkable, dedicated and selfless champion of the working class and outstanding fighter for the rights of women; and
(4) extends its heartfelt condolences to her family, friends, comrades and colleagues.
Motion agreed to in accordance with section 65 of the Constitution.
FREEDOM OF PRESS CONTRAVENED
(Draft Resolution)
Ms D ROBINSON: Chairperson, I move without notice:
That the Council-
(1) regrets the action taken by an official of the Council to attempt to prevent a newspaper printing allegations about certain members; believes that such unauthorised action brings the Council into disrepute by-
(a) giving the appearance of a cover-up action;
(b) contravening the spirit of freedom of the press;
And
(c) having a neutral official engaging in political action; and
therefore resolves to-
(a) censure the official who took this action;
(b) ensure that he pays the full legal costs that
arose from this action; and reinforce the division
between the interests of the institution of Parliament
and the political parties represented in that
institution.
The CHAIRPERSON OF THE NCOP: Is there any objection? Yes, the motion has been objected to. In the light of the objection the motion may not be proceeded with.
ANTICORRUPTION MEASURES TAKEN BY ANC
(Draft Resolution)
Ms H F MATLANYANE: Chairperson, I move without notice:
That the Council-
(1) acknowledges that the ANC has consistently advocated a principled stand against corruption within the public service;
(2) commends the numerous anticorruption measures pioneered by the ANC-led government, including strict internal monitoring systems in our various provincial departments to practically deal with the challenges posed by corrupt Public Service officials;
(3) notes that the benefit of these tough measures was again recently demonstrated with the arrest of a senior official in the Limpopo health department on charges relating to the fraudulent use of social grants;
(4) commends the provincial health department for their swift action; and
(5) calls on communities to be vigilant and to utilise the mechanisms created by government to expose officals who seek to enrich themselves at the expense of the poor.
Motion agreed to in accordance with section 65 of the Constitution.
COMPANIES AMENDMENT BILL
(Consideration of Bill and of Report thereon)
Mr G MKONO: Thank you, Chairperson, it is with a sense of occasion that I speak as a member of the Select Committee on Economic and Foreign Affairs on the amendments to a very special and crucial piece of legislation. The original Companies Act was passed in 1973. The Companies Amendment Bill currently before this House has the following objectives: to prevent a sequestrated person to serve as directors of companies and to protect a bona fide holder of demutualised share certificates against a rectification order by a court of law. The Bill deals with the circumstances under which persons are disqualified from serving as directors of companies. The amendment seeks to expand those circumstances and to authorise the Registrar of Companies to keep a register of persons disqualified as directors. The Bill seeks to make the disqualified persons and any director or officer of the company who knew, or who could reasonably be expected to know of the disqualification, jointly reliable for the debts of the department incurred during the disqualified person’s tenure as director. The amendments also seek to broaden the offence, where a disqualified person is appointed, or acts as a director of a company. In terms of the Bill, a director or officer of the company who knew or who could reasonably be expected to know of the disqualification will also be guilty of an offence. In addition, the Bill also deals with the securities that are transferable without a written instrument and not evidenced by a certificate. The Bill does not allow the courts to remove the name of a person from the relevant register, unless the name was fraudulently and illegally entered. The Bill before this House addresses key concerns relating to corporate governance. The Bill promotes investor confidence in the domestic economy. Since broader reforms of corporate laws will take some time to develop, the provision of the Companies Amendment Bill requires immediate attention and review by members of this House. The select committee therefore endorses the amended Companies Act and calls on all NCOP members to support this section 75 Bill. This amending Bill is referred back to the National Assembly for approval and adoption of the NCOP’s amendments. With these few remarks, I thank you, Chairperson. Debate concluded.
The CHAIRPERSON OF THE NCOP: That concludes the debate. I shall now put the question: That the Bill, subject to the proposed amendments, be agreed to. In accordance with Rule 63 I shall first allow political parties to make their declaration of vote, if they so wish. There are none. We shall now proceed to voting on the question.
Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.
DECISIONS OF 1999 BEIJING CONGRESS – UNIVERSAL POSTAL UNION
(Consideration of Report of Select Committee)
Ms N D NTWANAMBI: Thank you, Chairperson. In terms of section 231(2) of the Constitution, Parliament is required to ratify the final Acts and decisions of the Universal Postal Union plenipotentiary conferences, including the final Acts of the last congress of 1999. The Universal Postal Union is an intergovernmental organisation and a specialised agency of the United Nations. It was founded in 1874 to encourage collaboration and development within the international postal sector. South Africa was admitted in 1994 and has been active ever since. The council is a permanent body of the Universal Postal Union and assists in the modernisation of postal services. It also deals with legal, regulatory and legislative issues, as well as operational, economic and commercial aspects of international postal services.
The council meets every five years, though there is a proposal to meet every four years. Between congresses, the council must ensure continuity. In terms of article 30, paragraph 2 of the Constitution of the Universal Postal Union, which was concluded in Vienna on 10 July 1964, the plenipotentiaries of its member states held a congress in Beijing in 1999. Here the following amendments were adopted, subject to ratification: Article 22 - to ensure that the general regulations are binding on all member states; Article 25 – to make provision for the people responsible for the signature authentication, ratification and approval of Acts adopted by the Union; Article 27 – to give member countries the right to accede to any additional protocols and other Acts of the Union at any time; Article 29 – to give member countries the right to present proposals concerning the Acts of the Universal Postal Union, either to congress or between congresses.
The general regulations of the UPU have also been drawn up in order to ensure the application of the constitution and the proper functioning of the UPU. These regulations stipulate that only countries that are members of the UPU have the right to vote.
In order for South Africa to have voting rights and to participate fully in the UPU activities of the next congress in Beijing, it must have ratified the decisions of the 1999 congress in Beijing. The Department of Justice and Constitutional Development has scrutinised the final acts and decisions of the 1999 Beijing congress and have found no conflict with the domestic law. The Department of Foreign Affairs has scrutinised it too and advised South Africa to sign both the constitution and the conventions of the UPU. The decisions of 1999 regulate matters, which were previously not provided for in the constitution and convention of the UPU. It serves to facilitate the organisation and the improvement of postal services in an acceptable manner for the benefit of all member states.
As the Select Committee on Labour and Public Enterprises we ask the House to adopt and ratify the final Acts and Decisions of the 1999 Universal Postal Union Beijing Congress. [Applause.]
Debate concluded.
The CHAIRPERSON OF THE NCOP: That concludes the debate. I shall now put the question: That the report be adopted. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the Chamber to cast their provinces’ votes. Are all delegation heads present? In accordance with Rule 71 I shall first allow provinces the opportunity to make their declaration of vote, if they so wish. None. We shall now proceed to voting on the question. I shall do so in alphabetical order per province. Delegation heads must please indicate to the Chair whether they vote in favour, against, or abstain from voting. Eastern Cape?
Ms B N DLULANE: In favour.
The CHAIRPERSON OF THE NCOP: Free State?
Mrs S E MABE : Free State votes in favour.
The CHAIRPERSON OF THE NCOP: Gauteng?
Mr E M SOGONI: Siyavuma. [We support.]
The CHAIRPERSON OF THE NCOP: KwaZulu-Natal?
Mr Z C NTULI: In favour.
The CHAIRPERSON OF THE NCOP: Limpopo?
Ms H F MATLANYANE: In favour.
The CHAIRPERSON OF THE NCOP: Mpumalanga?
Ms M P THEMBA: In favour.
The CHAIRPERSON OF THE NCOP: Northern Cape?
Ms P HOLLANDER: In favour.
The CHAIRPERSON OF THE NCOP: North West?
Mr Z S KOLWENI: Ke a rona. [We support.]
The CHAIRPERSON OF THE NCOP: Western Cape?
Mr F ADAMS: Steun. [Support.]
The CHAIPERSON OF THE NCOP: All provinces have voted in favour. I therefore declare the report adopted in terms of section 65 of the Constitution.
Report accordingly adopted in accordance with section 65 of the Constitution.
The Council adjourned at 15:00. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
THURSDAY, 2 SEPTEMBER 2004
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
Report and Financial Statements of the Financial and Fiscal Commission
(FFC) for 2003-2004, including the Report of the Auditor-General on the
Financial Statements for 2003-2004 [RP 159-2004].
- The Minister of Labour
Report and Financial Statements of the Construction Sector Education
and Training Authority for 2003-2004, including the Report of the
Auditor-General on the Financial Statements for 2003-2004 [RP 42-2004].
- The Minister of Defence
Report and Financial Statements of Vote 22 - Department of Defence for
2003-2004, including the Report of the Auditor-General on the Financial
Statements of Vote 22 - Defence for 2003-2004 [RP 137-2004].
- The Minister of Trade and Industry
(a) Report and Financial Statements of the Competition Tribunal for
2003-2004, including the Report of the Auditor-General on the
Financial Statements for 2003-2004 [RP 103-2004].
(b) Report and Financial Statements of the South African National
Accreditation System (SANAS) for 2003-2004, including the Report
of the Independent Auditors on the Financial Statements for 2003-
2004.
(c) Report and Financial Statements of the Council for Scientific
and Industrial Research (CSIR) for 2003-2004, including the Report
of the Auditor-General on the Financial Statements for 2003-2004
[RP 82-2004].
- The Minister of Arts and Culture
(a) Report and Financial Statements of Business and Arts South
Africa for 2003-2004, including the Report of the Independent
Auditors on the Financial Statements for 2003-2004.
(b) Report and Financial Statements of Artscape for 2003-2004,
including the Report of the Auditor-General on the Financial
Statements for 2003-2004.
(c) Report and Financial Statements of the National English Literary
Museum for 2003-2004, including the Report of the Auditor-General
on the Financial Statements for 2003-2004.
(d) Report and Financial Statements of the National Library of South
Africa for 2003-2004, including the Report of the Auditor-General
on the Financial Statements for 2003-2004.
(e) Report and Financial Statements of the Northern Flagship
Institutions for 2003-2004, including the Report of the Auditor-
General on the Financial Statements for 2003-2004 [RP 139-2004].
(f) Report and Financial Statements of the National Film and Video
Foundation of South Africa for 2003-2004, including the Report of
the Auditor-General on the Financial Statements for 2003-2004 [RP
109-2004].
FRIDAY, 3 SEPTEMBER 2004
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
The Fifth Economic and Social Rights Report of the South African Human
Rights Commission for 2002-2003.
- The Minister of Arts and Culture
(a) Report and Financial Statements of the South African Heritage
Resources Agency for 2003-2004, including the Report of the
Auditor-General on the Financial Statements for 2003-2004 [RP 112-
2004].
(c) Report and Financial Statements of the Afrikaans Language Museum
for 2003-2004, including the Report of the Auditor-General on the
Financial Statements for 2003-2004.
National Council of Provinces
- The Chairperson
The President of the Republic submitted the following letter dated 29
August 2004 to the Chairperson of the National Council of Provinces
informing Members of the Council of the employment of the South African
National Defence Force:
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE IN THE
DEMOCRATIC REPUBLIC OF THE CONGO, FOR SERVICE IN CO-OPERATION WITH THE
SOUTH AFRICAN POLICE SERVICE FOR PROTECTION AND SAFETY OF THE PRESIDENT
OF THE REPUBLIC OF SOUTH AFRICA DURING AN OFFICIAL VISIT TO THE
DEMOCRATIC REPUBLIC OF THE CONGO
This serves to inform the National Council of Provinces that I
authorised the employment of the South African National Defence Force
(SANDF) personnel to the Democratic Republic of the Congo (DRC), for
service in co-operation with the South African Police Service for
protection of the President of the Republic of South Africa during an
official visit to the DRC on 30 and 31 August 2004.
This employment was authorised in accordance with the provisions of
section 201(2)(a) of the Constitution of the Republic of South Africa,
1996 (Act No 108 of 1996), read with section 19(3) of the Defence Act,
2002 (Act No 42 of 2002).
A total of thirty-six (36) members will be employed for service in co-
operation with the South African Police Service as from 29 August to 1
September 2004.
The total estimated cost to be borne by South Africa for the deployment
of personnel to the joint operation is R150 000,00 which will be paid
out of the SANDF's Special Forces Brigade budget. Transport and
accommodation costs will be borne by the South African Police Service.
I will communicate this report to the Members of the National Assembly
and wish to request that you bring the contents hereof to the notice of
the National Council of Provinces.
Regards
SIGNED
T M MBEKI
MONDAY, 6 SEPTEMBER 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Introduction of Bills
(1) The Minister of Finance
(i) Securities Services Bill [B 19 - 2004] (National Assembly
- sec 75) [Bill and prior notice of its introduction published
in Government Gazette No 26684 of 18 August 2004.]
Introduction and referral to the Portfolio Committee on Finance of
the National Assembly, as well as referral to the Joint Tagging
Mechanism (JTM) for classification in terms of Joint Rule 160, on
7 September 2004.
In terms of Joint Rule 154 written views on the classification of
the Bills may be submitted to the JTM within three parliamentary
working days.
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Home Affairs
(a) Agreement between the Government of the Republic of South Africa
and the Government of the Republic of Rwanda on the Waiver of Visa
Requirements for holders of Diplomatic and Official/Service
Passports, tabled in terms of section 231(3) of the Constitution,
1996.
(b) Memorandum of Understanding between the Government of the
Republic of South Africa and the Government of the Republic of
Rwanda, tabled in terms of section 231(3) of the Constitution,
1996.
- The Minister of Education
Report and Financial Statements of the National Student Financial Aid
Scheme (NSFAS) for 2003-2004, including the Report of the Auditor-
General on the Financial Statements for 2003-2004 [RP 172-2004].
COMMITTEE REPORTS
National Council of Provinces
-
Report of the Select Committee on Economic and Foreign Affairs on the Companies Amendment Bill [B 10B - 2004] (National Assembly - sec 75), dated 31 August 2004:
The Select Committee on Economic and Foreign Affairs, having considered the subject of the Companies Amendment Bill [B 10B - 2004] (National Assembly - sec 75), referred to it, reports the Bill with a proposed amendment, as follows:
CLAUSE 5- On page 4, in line 32, to omit “in the `Arrangement of sections’ opposite section 401, and”.
-
Report of the Select Committee on Labour and Public Enterprises on the Decisions of 1999 Beijing Congress - Universal Postal Union, dated 31 August 2004:
The Select Committee on Labour and Public Enterprises, having considered the request for approval by Parliament of the Decisions of 1999 Beijing Congress - Universal Postal Union, referred to it, recommends that the Council, in terms of section 231(2) of the Constitution, approve the said Decisions.
Report to be considered.
TUESDAY, 7 SEPTEMBER 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Introduction of Bills
(1) The Minister of Finance
(i) Petroleum Pipelines Levies Bill [B 18 - 2004] (National
Assembly - sec 77)
Introduction and referral to the Portfolio Committee on Finance of
the National Assembly, as well as referral to the Joint Tagging
Mechanism (JTM) for classification in terms of Joint Rule 160, on
7 September 2004.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the JTM within three parliamentary
working days.
NOTE:
The Portfolio Committee on Finance has been instructed by the
Speaker in terms of National Assembly Rule 249(3)(c) to
consult the Portfolio Committee on Minerals and Energy.
National Council of Provinces
- Messages from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council:
(1) Bill, as amended, passed by National Assembly on 7 September
2004 and transmitted for consideration of National Assembly's
amendments:
(i) National Environmental Management: Air Quality Bill [B 62D
- 2003] (National Council of Provinces - sec 76)
The amended Bill has been referred to the Select Committee on Land
and Environmental Affairs for a report and recommendations on the
National Assembly's amendments.
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Minerals and Energy
Report and Financial Statements of the National Nuclear Regulator (NNR)
for 2003-2004, including the Report of the Auditor-General on the
Financial Statements for 2003-2004 [RP 113-2004].
- The Minister of Arts and Culture
(a) Report and Financial Statements of the Freedom Park Trust for
2003-2004, including the Report of the Auditor-General on the
Financial Statements for 2003-2004.
(b) Report and Financial Statements of the Iziko Museums of Cape
Town for 2003-2004, including the Report of the Auditor-General on
the Financial Statements for 2003-2004 [RP 104-2004].
(c) Report and Financial Statements of the Voortrekker and Ncome
Museums for 2003-2004, including the Report of the Auditor-General
on the Financial Statements for 2003-2004.
WEDNESDAY, 8 SEPTEMBER 2004
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
Report of the Auditor-General on the Audit Outcomes of Local Government
for the year ended 30 June 2003 [RP 123-2004].
- The Minister of Agriculture and Land Affairs
Report and Financial Statements of the Bala Farms (Pty) Ltd 2003-2004,
including the Report of the Auditor-General on the Financial Statements
for 2003-2004 [RP 166-2004].
- The Minister of Labour
(a) Report and Financial Statements of the Diplomacy, Intelligence,
Defence and Trade Education and Training Authority (DIDTETA) for
2003-2004, including the Report of the Auditor-General on the
Financial Statements for 2003-2004 [RP 43-2004].
(b) Report and Financial Statements of the Commission for
Conciliation, Mediation and Arbitration (CCMA) for 2003-2004,
including the Report of the Auditor-General on the Financial
Statements for 2003-2004 [RP 83-2004].
- The Minister of Arts and Culture
Report and Financial Statements of the Market Theatre for 2003-2004,
including the Report of the Independent Auditors on the Financial
Statements for 2003-2004.
THURSDAY, 9 SEPTEMBER 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Introduction of Bills
(1) The Minister of Finance
(i) Financial Services Ombud Schemes Bill [B 20 - 2004]
(National Assembly - sec 75) [Bill and prior notice of its
introduction published in Government Gazette No 26709 of 24
August 2004.]
Introduction and referral to the Portfolio Committee on Finance of
the National Assembly, as well as referral to the Joint Tagging
Mechanism (JTM) for classification in terms of Joint Rule 160, on
10 September 2004.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the JTM within three parliamentary
working days.
National Council of Provinces
- Message from National Assembly to National Council of Provinces in respect of Bill passed by Assembly and transmitted to Council
(1) Bill passed by National Assembly on 9 September 2004 and
transmitted for concurrence:
(i) Traditional Health Practitioners Bill [B 66B - 2003]
(National Assembly - sec 76)
The Bill has been referred to the Select Committee on Social
Services of the National Council of Provinces.
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Arts and Culture
Report of the South African Geographical Names Council for 2002-2003
[RP 203-2003].
FRIDAY, 10 SEPTEMBER 2004
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Finance
Report and Financial Statements of the Accounting Standards Board for
2003-2004, including the Report of the Independent Auditors on the
Financial Statements for 2003-2004 [RP 73-2004].
MONDAY, 13 SEPTEMBER 2004
ANNOUNCEMENTS
National Assembly and National Council of Provinces
- Classification of Bills by Joint Tagging Mechanism:
(1) The Joint Tagging Mechanism (JTM) on 9 September 2004 in terms
of Joint Rule 160(3), classified the following Bills as section 75
Bills:
(i) National Payment System Amendment Bill [B 14 - 2004]
(National Assembly - sec 75)
(ii)Government Employees Pension Law Amendment Bill [B 15 –
2004] (National Assembly - sec 75)
(iii)Petroleum Products Amendment Bill [B 16 - 2004]
(National Assembly - sec 75)
(iv)Water Services Amendment Bill [B 17 - 2004] (National Assembly
- sec 75)
(2) The Joint Tagging Mechanism (JTM) on 9 September 2004 in terms
of Joint Rule 161, classified the following Bills as money Bills:
(i) Finance Bill [B 13 - 2004] (National Assembly - sec 77)
(ii)Petroleum Pipelines Levies Bill [B 18 - 2004] (National
Assembly - sec 77)
- Translations of Bills submitted
(1) The Minister of Trade and Industry
(i) Wysigingswetsontwerp op Maatskappye [W 10 - 2004]
(National Assembly - sec 75)
This is the official translation into Afrikaans of the Companies
Amendment Bill [B 10 - 2004] (National Assembly - sec 77).
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Labour
(a) Recommendation No 192 concerning Safety and Health in
Agriculture, adopted by the International Labour Conference at its
Eighty-Ninth Session, Geneva, 21 June 2001, tabled in terms of
section 231(3) of the Constitution, 1996.
(b) Recommendation No 193 concerning the Promotion of Co-operatives,
adopted by the International Labour Conference at its Ninetieth
Session, Geneva, 20 June 2002, tabled in terms of section 231(3)
of the Constitution, 1996.
(c) Recommendation No 194 concerning the List of Occupational
Diseases and the recording and notification of occupational
accidents and diseases, adopted by the International Labour
Conference at its Ninetieth Session, Geneva, 20 June 2002, tabled
in terms of section 231(3) of the Constitution, 1996.
(d) Convention No 185 revising the Seafarers' Identity Documents
Convention, 1958, adopted by the International Labour Conference
at its Ninety-First Session, Geneva, 19 June 2003, tabled in terms
of section 231(3) of the Constitution, 1996.
TUESDAY, 14 SEPTEMBER 2004
ANNOUNCEMENTS
National Council of Provinces
- Messages from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council
(1) Bill passed by National Assembly on 14 September 2004 and
transmitted for concurrence:
(i) National Environmental Management: Protected Areas
Amendment Bill [B 2B - 2004] (National Assembly - sec 75)
The Bill has been referred to the Select Committee on Land and
Environmental Affairs of the National Council of Provinces.
- Referrals to committees of papers tabled:
The following papers have been tabled and are now referred to the
relevant committees as mentioned below:
(1) The following papers are referred to the Select Committee on
Finance for consideration and report:
(a) Agreement between the Government of the Republic of South
Africa and the Federal Democratic Republic of Ethiopia for the
Avoidance of Double Taxation and the Prevention of Fiscal
Evasion with respect to Taxes on Income, in terms of section
231(2) of the Constitution, 1996.
(b) Explanatory Memorandum on the Agreement between the
Government of the Republic of South Africa and the Federal
Democratic Republic of Ethiopia for the Avoidance of Double
Taxation and the Prevention of Fiscal Evasion with respect to
Taxes on Income.
(c) Convention between the Government of the Republic of South
Africa and the Government of the Republic of Bulgaria for the
Avoidance of Double Taxation and the Prevention of Fiscal
Evasion with respect to Taxes on Income, in terms of section
231(2) of the Constitution, 1996.
(d) Explanatory Memorandum on the Convention between the
Government of the Republic of South Africa and the Government
of the Republic of Bulgaria for the Avoidance of Double
Taxation and the Prevention of Fiscal Evasion with respect to
Taxes on Income.
(2) The following papers are referred to the Select Committee on
Local Government and Administration for consideration and report:
(a) United Nations Convention against Corruption, tabled in
terms of section 231(2) of the Constitution, 1996.
(b) Explanatory Memorandum on the United Nations Convention
against Corruption.
(3) The following papers are referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on
Economic Affairs:
(a) Report and Financial Statements of the Mining
Qualifications Authority for 2003-2004, including the Report
of the Auditor-General on the Financial Statements for 2003-
2004 [RP 53-2004].
(b) Report and Financial Statements of the Chemical Industries
Education and Training Authority for 2003-2004, including the
Report of the Auditor-General on the Financial Statements for
2003-2004 [RP 40-2004].
(c) Report and Financial Statements of the Clothing, Textiles,
Footwear and Leather Sector Education and Training Authority
for 2003-2004, including the Report of the Auditor-General on
the Financial Statements for 2003-2004 [RP 41-2004].
(d) Report and Financial Statements of the Food and Beverage
Manufacturing Sector Education and Training Authority for 2003-
2004, including the Report of the Auditor-General on the
Financial Statements for 2003-2004 [RP 46-2004].
(e) Report and Financial Statements of the Wholesale and
Retail Sector Education and Training Authority for 2003-2004,
including the Report of the Auditor-General on the Financial
Statements for 2003-2004 [RP 62-2004].
(f) Report and Financial Statements of the Manufacturing,
Engineering and Related Services Sector Education and Training
Authority for 2003-2004, including the Report of the Auditor-
General on the Financial Statements for 2003-2004 [RP 54-
2004].
(g) Report and Financial Statements of the Energy Sector
Education and Training Authority for 2003-2004, including the
Report of the Auditor-General on the Financial Statements for
2003-2004 [RP 45-2004].
(4) The following papers are referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on
Finance:
(a) Report and Financial Statements of the Financial and
Accounting Services Sector Education and Training Authority
(FASSET) for 2003-2004, including the Report of the Auditor-
General on the Financial Statements for 2003-2004 [RP 38-
2004].
(b) Report and Financial Statements of the Bank Sector
Education and Training Authority for 2003-2004, including the
Report of the Auditor-General on the Financial Statements for
2003-2004 [RP 39-2004].
(c) Report and Financial Statements of the Insurance Sector
Education and Training Authority for 2003-2004, including the
Report of the Auditor-General on the Financial Statements for
2003-2004 [RP 50-2004].
(5) The following papers are referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on Land
and Environmental Affairs:
(a) Report and Financial Statements of the Forest Industries
Education and Training Authority for 2003-2004, including the
Report of the Auditor-General on the Financial Statements for
2003-2004 [RP 47-2004].
(b) Report and Financial Statements of the Sector Education
and Training Authority for Secondary Agriculture for 2003-
2004, including the Report of the Auditor-General on the
Financial Statements for 2003-2004 [RP 58-2004].
(c) Report and Financial Statements of the Primary Agriculture
Education and Training Authority for 2003-2004, including the
Report of the Auditor-General on the Financial Statements for
2003-2004 [RP 155-2004].
(6) The following papers are referred to the Select Committee on
Labour and Public Enterprises:
(a) Report and Financial Statements of the Media, Advertising,
Publishing, Printing and Packaging Sector Education and
Training Authority (MAPPP) for 2003-2004, including the Report
of the Auditor-General on the Financial Statements for 2003-
2004.
(b) Report and Financial Statements of the Information
Systems, Electronics and Telecommunications Technologies
Sector Education and Training Authority for 2003-2004,
including the Report of the Auditor-General on the Financial
Statements for 2003-2004 [RP 49-2004].
(c) Report and Financial Statements of the Services Sector
Education and Training Authority for 2003-2004, including the
Report of the Auditor-General on the Financial Statements for
2003-2004 [RP 126-2004].
(7) The following papers are referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on
Public Services:
(a) Report and Financial Statements of Transport Education and
Training Authority for 2003-2004, including the Report of the
Auditor-General on the Financial Statements for 2003-2004 [RP
61-2004].
(b) Report and Financial Statements of the Construction Sector
Education and Training Authority for 2003-2004, including the
Report of the Auditor-General on the Financial Statements for
2003-2004 [RP 42-2004].
(8) The following paper is referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on
Education and Recreation:
Report and Financial Statements of the Education, Training and
Development Practices Sector Education and Training Authority for
2003-2004, including the Report of the Auditor-General on the
Financial Statements for 2003-2004 [RP 44-2004].
(9) The following paper is referred to the Select Committee on
Labour and Public Enterprises and to the Select Committee on
Social Services:
Report and Financial Statements of the Health and Welfare Sector
Education and Training Authority for 2003-2004, including the
Report of the Auditor-General on the Financial Statements for 2003-
2004 [RP 48-2004].
(10)The following paper is referred to the Select Committee on Labour
and Public Enterprises, the Select Committee on Local Government
and Administration and to the Select Committee on Land and
Environmental Affairs:
Report and Financial Statements of the Local Government, Water and
Related Services Sector Education and Training Authority for 2003-
2004, including the Report of the Auditor-General on the Financial
Statements for 2003-2004 [RP 51-2004].
(11)The following paper is referred to the Select Committee on Labour
and Public Enterprises and to the Select Committee on Security and
Constitutional Affairs:
Report and Financial Statements of the Police, Security, Legal,
Justice and Correctional Services Sector Education and Training
Authority for 2003-2004, including the Report of the Auditor-
General on the Financial Statements for 2003-2004 [RP 55-2004].
(12)The following paper is referred to the Select Committee on Labour
and Public Enterprises, the Select Committee on Land and
Environmental Affairs and to the Select Committee on Education and
Recreation:
Report and Financial Statements of the Tourism, Hospitality and
Sport Education and Training Authority for 2003-2004, including
the Report of the Auditor-General on the Financial Statements for
2003-2004 [RP 60-2004].
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Communications
(a) Report and Financial Statements of the South African
Broadcasting Corporation Limited (SABC) for 2003-2004, including
the Report of the Independent Auditors on the Financial Statements
for 2003-2004.
(b) Report and Financial Statements of Telkom SA Limited for 2003-
2004, including the Report of the Independent Auditors on the the
Financial Statements for 2003-2004.
(c) Report and Financial Statements of the National Electronic Media
Institute of South Africa (NEMISA) for 2003-2004, including the
Report of the Independent Auditors on the Financial Statements for
2003-2004.
- The Minister for Justice and Constitutional Development
(a) Report and Financial Statements of the National Prosecuting
Authority for 2003-2004, including the Report of the Auditor-
General on the Financial Statements for 2003-2004 [RP 160-2004].
(b) Report and Financial Statements of the Legal Aid Board for 2003-
2004, including the Report of the Auditor-General on the Financial
Statements for 2003-2004 [RP 129-2004].
- The Minister of Science and Technology
Report and Financial Statements of the Human Sciences Research Council
for 2003-2004, including the Report of the Auditor-General on the
Financial Statements for 2003-2004 [RP 98-2004].
- The Minister of Education
Report and Financial Statements of the South African Qualifications
Authority (SAQA) for 2003-2004, including the Report of the Auditor-
General on the Financial Statements for 2003-2004 [RP 111-2004].