WEDNESDAY, 2 MARCH 2005 __

                PROCEEDINGS OF THE NATIONAL ASSEMBLY
                                ____

The House met at 15:04.

The House Chairperson (Mr G Q M Doidge) took the Chair and requested members to observe a moment of silence for prayers or meditation.

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

QUESTIONS AND REPLIES – See that book.

                          NOTICES OF MOTION

DR E NKEM-ABONTA: Chairperson, I hereby give notice that I shall move:

  That the House discusses the need for an adjustment package for South
  African industries, in particular the textile industry, which is
  facing stiff competition as a result of South Africa’s trade
  liberalisation policy.

Adv H C SCHMIDT: Chairperson, I hereby give notice that I shall move:

  That the House debates the impact of the implementation of the Mineral
  and Petroleum Resources Development Act on small-scale mining
  operations as conducted in the Northern Cape and the North West
  Province.


                APPOINTMENT OF TEMPORARY CHAIRPERSON





                         (Draft Resolution)

The DEPUTY CHIEF WHIP OF MAJORITY PARTY: Chairperson, I move:

  That the House elects Mr A Mlangeni to preside during today’s sitting
  of the House when requested by a presiding officer to do so.

[Applause.]

CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF UNITED NATIONS
OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE
             INVOLVEMENT OF CHILDREN IN ARMED CONFLICTS

Prof A K ASMAL: Chairperson, these may seem rather obscure or technical agreements. Let me start with Richard Goldstone, the former member of the Constitutional Court, who recently wrote that the 20th century was the bloodiest in history. You will remember that he referred to –

. . . the millions of innocent children, women and men who needlessly perished in the war.

Well, the laws of war are what we are talking about today. You might say that in international law, these have been honoured in the breach. War has become synonymous with horrible crimes, while the most detestable feature of this criminality has been the rejection of the distinction between civilians and combatants, as we saw so vividly in US action in Fallujah in Iraq. When we do not distinguish between civilians and combatants, this is now called war crimes.

The other horrific feature of this evil contemporary warfare is the abuse of children. According to Unicef, two million children have been killed in the past 10 years, six million children have become homeless and 12 million have been injured or disabled. That is apart from the children in Iraq and Afghanistan who are not included in these figures.

Worse still is the devastating effect on children in armed conflicts. According to the United Nations study on children in war by Mrs Graca Machel – and I dedicate my speech to her because she has been playing an extraordinarily heart-warming role in this area:

  The physical, sexual and emotional violence to which the children are
  exposed shatters their world. War determines the very foundation of
  children’s lives, destroying their homes, splitting their communities
  and breaking down their trust in adults.

Finally, with regard to the effects of war, usually in times of war children also become fighters against their will. Participation by children in armed hostilities occurs only too frequently. This participation ranges from aiding combatants, bringing them weapons and munition, to carrying out reconnaissance missions. It is always very dangerous and I therefore call them the donkeys of contemporary war. There is also the actual recruitment of children as combatants in national armed forces and other armed groups and, of course, most despicable is the forcible kidnapping of young girls to serve as sex slaves.

According to the Coalition to Stop the Use of Child Soldiers, a highly reputable body, there are at least 300 000 child soldiers in more than 30 countries. Of these 120 000 are in Africa. It is not an African problem only; it is a problem in Western Europe, in Latin America and Asia too. School leavers can be recruited, so-called voluntarily, in official armed forces in many of the European countries. The discussion demands that I should not mention these countries.

So, where are the most child soldiers deployed? Well, I speak of our continent only. There are about 180 000 on our continent alone. The list includes African countries such as Burundi, the Democratic Republic of Congo, the Ivory Coast, Liberia, Uganda and this inappropriately named, so- called guerrilla movement which uses the name of the Lord.

It is difficult to gauge the effects of war on the future psychological and physical development of children who have been exposed to armed conflict situations. Recent history provides enough vivid examples for us to begin to understand the terrible effect of war on children.

They will always require, comrades and members of the House, special protection and treatment in situations of armed conflict. My own way of putting this, when I was a Minister, was that this destroys children’s right to innocence.

So, what has been done? How is the international humanitarian law responding to this plight? International humanitarian law affords a civilian population, and children in particular, general protection against the effects of military operations and abuse by the adverse party.

Children are also protected under international humanitarian law as vulnerable individuals. In fact, they are the most vulnerable. There are 25 articles in the famous Geneva Convention of 1949 and the 1977 additional protocols, in which the ANC played a big part in Geneva, which refer specifically to children.

Concerning participation of children in hostilities, the 1977 additional protocols, ratified by South Africa in 1995, were drafted and initiated by the International Committee of the Red Cross. I wish to pay a special tribute to them. These were the first international treaties to cover these situations of children.

Therefore, the additional protocol, firstly, obliges states to take feasible measures to prevent children of under 15 from taking part in hostilities, expressly prohibits their recruitment in armed forces, encourages parties to give priority in recruiting among those aged between 15 to 18 to the oldest.

The second additional protocol, which deals with internal armed conflicts, goes further, prohibiting both the recruitment and the participation, direct or indirect, in hostilities by children under 15 years of age. Despite these very important normative rules, children do take direct part in international armed conflicts, but they are recognised as combatants. In the event of their capture, they are entitled to prisoners of war status under the third Geneva Convention.

The additional protocols provide that child combatants under 15 are entitled to privileged treatment in that they continue to benefit from the special protection accorded to children by international humanitarian law. Of course, the most famous convention on children, which is reflected in our own Constitution, is the 1989 Convention on the Rights of the Child, and in particular article 38 thereof. We ratified that in 1995. In it, it is stated that the best interests of the child is the primary consideration.

Now we come to this protocol, which is another word for an additional agreement to the rights of the child agreement. The protocol before us was adopted in 2000 and the ICRC system drafted it. The additional protocol before us strengthens the protection of children in armed conflicts.

The state parties must take all feasible measures to ensure that members of the armed forces who have not reached the age of 18 do not take part in hostilities. Unfortunately, children can still be recruited voluntarily at the age of 15 into the armed forces. However, this protocol says they must not take part in armed hostilities. Compulsory recruitment into the armed forces by persons under 18 years of age is prohibited.

Now, we are one of the few countries that say specifically in the Defence Act under section 52(1) of the Defence Act of 2002, that recruitment age into our defence force is 18. Not included in this are the reserved forces and legislation is required. Unfortunately this convention should have come before the House much earlier because it was adopted in 2000. It should have been earlier, because of its importance.

The convention also says that state parties should raise the minimum age of voluntary recruitment from 15 years. Now, the committee feels that this idea of voluntary recruit is totally an illusion. How can you be a voluntary recruitment if you are poor? How can there be voluntary involvement if you are starving? How can there be voluntary recruitment if you are coerced into joining? So, this is a misnomer.

Also, the rule does not apply to military academies. Military academies, like the very posh ones at Sandhurst, Saint Cyr, West Point up the coast in Saldanha, can recruit at any age, which again is a big gap. However, the oldest conventions are compromised. Let me also say that this is very important. The International Criminal Court, set up in Rome, has declared the recruitment of children to be a war crime. That is not an illusion.

There are trials taking place against Rwanda and Yugoslavia about war crimes. In Rwanda people have been sentenced to life imprisonment. There is no capital punishment in the ICC. So, it is very important to remember that treating these as war crimes means we will apprehend these people - as they have been apprehended. So, the sanctions are coming. What this convention does is to forbid the recruitment of people who are officially under the age of 18. Unfortunately, there are gaps which we have looked at.

The convention, therefore, is of enormous importance to us and we must take this into account. The committee has asked me to bring it to the attention of the House that we would like our country to take the lead in the AU to get all 52 countries to ratify this convention. This will be an expression of our ethical, moral and civilised tendency that children should have no role to play whatsoever in warfare.

The horrible reality of modern conflicts is that the most vulnerable are rarely spared. We must, therefore, ensure that children are adequately protected under the law. As a lawyer, I have always felt that the law is only congealed politics. Our job is to uncongeal it and bring it to the fore, because the law should reflect the juridical conscience of a society, and this convention and this protocol do that too.

The number of rules laid down specifically in respect of children by international humanitarian law suggests that there is international consensus. As we were told earlier, now that the majority of states on our wonderful continent have a democratic basis, the pressure should be that they should ratify this.

So, it is not a question of devising rules; we have already done so. It is a question of implementing them. South Africa has remained committed to ratifying all the international humanitarian law treaties. In fact, the ICRC would come to our portfolio committee to look at bringing up to date the Geneva Convention and the law relating to the South African Red Cross.

The ratification of this protocol on the involvement of children in armed conflicts by our Parliament is an important step towards the better protection of our children in armed conflicts. What we are saying, is what the famous prophet said about 2000 years ago:

Suffer little children to come unto me.

We commend this protocol to this House under section 231(2) of the Constitution and we ask the National Assembly to give its approval so that the executive can ratify this protocol. Thank you very much, ladies and gentlemen. [Applause.]

Mr M WATERS: Chairperson, hon members, the United Nations Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts was adopted by the UN General Assembly on 25 May 2000.

It was a dramatic breakthrough in efforts to end the use of children as soldiers. After six years of negotiations, governments from around the world agreed on a new international treaty to prohibit the use of children as combatants.

The new child soldier’s protocol establishes 18 as the minimum age for direct participation in hostilities, for compulsory recruitment and for any recruitment using hostilities by nongovernment armed groups. It is technically an optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict.

Previously, international standards have allowed children as young as 15 to be legally recruited and sent to war. The Convention on the Rights of the Child, which is ratified by every government in the world except the US and Somalia, generally defines a child as a person under the age of 18. However, in situations of armed conflict, the convention sets the lower age of 15 as the minimum age for recruitment and participation in armed conflict. The new protocol helps to correct this anomaly.

The main provisions of the protocol are:

• Governments shall take all feasible measures to ensure that members of
  their armed forces who have not attained the age of 18 do not take a
  direct part in hostilities;
• Governments shall not conscript any person under the age of 18;
• Thirdly, rebel or non-government armed groups are prohibited from
  recruiting children under 18 or using them in hostilities;
• Governments shall raise their minimum age for voluntary recruitment
  beyond the current minimum age of 15, and shall deposit a binding
  declaration stating the minimum age they will respect; and
• Lastly, a government shall submit a report to the Committee on the
  Rights of the Child within two years of ratifying the protocol,
  providing comprehensive information on the measures that it has taken
  to implement the protocol.

Today there are as many as 300 000 children under the age of 18 serving government forces or armed rebel groups. Some are as young as 8 years old! The participation of child soldiers has been reported in 33 ongoing or recent armed conflicts in almost every region of the world.

The most notable examples in Africa are the conflicts in Sierra Leone, Liberia, Uganda and the DRC.

Technological advances in weaponry and the proliferation of small arms have contributed to the increased use of child soldiers. Lightweight automatic weapons are simple to operate, often easily accessible, and can be used by children as easily as adults.

Some 5 000 children combatants served among Sierra Leon’s government and opposition forces, with another 5 000 having been recruited for labour among armed rebel groups.

The Human Rights Watch report of child soldiers in Liberia describes how children are forcibly recruited by government or rebel forces during raids on refugee camps. Other children volunteered to fight. The reasons given include the desire to avenge abuses against themselves or their families, a need to gain some form of protection, or a perception that this was the only way to survive.

In addition to their military duties, girls with armed groups were raped and sexually enslaved by the fighters. One girl who spoke to the Human Rights Watch, and she was 14 at the time of her abduction, was raped by many fighters and later assigned to a commander as a wife.

Children described beatings, torture and other punishments inflicted on them by commanders for alleged infractions of the rules.

In order to ensure that the child soldier remains loyal, children are sometimes forced to commit atrocities against their own family or neighbours. Such practices help to ensure that the child is stigmatised and unable to return to his or her home community.

Children are most likely to become child soldiers if they are poor, separated from their families, displaced from their homes, living in a combat zone or have limited access to education. Orphans and refugees are susceptible and vulnerable to recruitment. The number of orphans, particularly in Africa, is being exacerbated by the HIV/Aids pandemic.

It is one thing to stand here and read out the good intentions of the protocol and to describe the horrid conditions which many children live and die under. It is, however, another matter to ensure that this protocol becomes a living document. The value of this protocol is limited to the extent to which they are applied. Words on paper cannot save children in peril.

In order to ensure that the forcible recruitment of children into armed forces is stopped, governments such as our own will need to take a stand. The use of youth militia by Zanu-PF government in Zimbabwe is a classical example of our own government’s failure to speak out against the use of children in carrying out state-sponsored violence against opposition members and supporters.

Anyone can be a signatory to a protocol such as this; however, the acid test is when one has to take a stand against one’s neighbour, even if it is a friend.

I would like to conclude by quoting a girl commander from one of the rebel groups in Liberia, who has this to say to the Human Rights Watch, ``I’ve got no mother, and I’ve got no father. I have no books and no learning. Now, what am I supposed to do?’’

The DA will support the protocol. I thank you, Chair. [Applause.]

Mnu V B NDLOVU: Ngiyabonga Mphathisihlalo neNdlu ehloniphekileyo. Okokuqala ngifuna ukukhuluma mayelana nendlela izingane eziphatheka kabi ngayo uma kuthiwa azenze umsebenzi wabantu abadala wokuba sempini. Kuyahlupha ukuba kuthathwe izingane ziyolwela abantu abafuna izikhundla ezingabafanele. Kuyahlupha futhi ukuthi kuthathwe izingane zabantu besifazane ikakhulukazi amantombazane ayokwenziwa yonke imikhuba lena engafanele ngoba kuthiwa nje kufanele abantu babe sempini. Akwamukeleki uma ngabe kuzothathwa izingane zasemzini okuhlushekwa kuwo ngoba zingezukukwazi ukuzivikela bese zisetshenziswa ukuthi zilwe empini ngaso sonke isikhathi. Ukudlwengulwa nokuhlushwa kwabantu besifazane uma befakwe ezimpini besebancane kuwumkhuba ongemukelekile futhi ongasoze wamukeleke noma ngabe uqhamuka ngakuliphi ibala. (Translation of Zulu paragraph follows.)

[Mr V B NDLOVU: Thank you Chairperson and honourable House. Firstly, I want to speak about how badly children are treated when they carry out the duties of adults in wars. It is disturbing that children are used to fight for the positions of people who don’t even deserve them. It is disturbing that children, especially girls, are used to perform evil deeds for the sake of war. It is unacceptable to take children from poor homes because they cannot defend themselves, and then to involve them in wars all the time. The rape and harassment of women who are involved in wars at a tender age are completely unacceptable, regardless of the side it comes from.]

We therefore reaffirm the rights of children who require special protection, and call for the continuous improvement of the situation of children without distinction, as well as for their development and education in conditions of peace and security.

The IFP condemns the targeting of children in situations of armed conflict and direct attacks on objects protected under international law, including places that generally have a significant presence of children, such as schools and hospitals.

We therefore welcome the unanimous adoption, in June 1999, of the International Labour Organization Convention No. 182 on the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, which prohibits, inter alia, forced or compulsory recruitment of children for use in armed conflict.

Akusho lutho ngisho ngabe ingabe ingane eneminyaka eyi-15 noma inama-20, uma iyingane nje iyingane. Ngakho-ke ukuthi kungathathwa ingane eneminyaka eyi-18 kuthiwe ayithwale isibhamu, akufuneki kwakhona lokho ngoba kuyingozi ukuthatha izingane zisencane. Ngakho-ke kuyacaca ukuthi kufanele zivikelwe ngaso sonke isikhathi. Akungabi-ke ukuthi le ‘protocol’ esizoyivuma lapha ibe yiphepha nje elingezukusho lutho. Kufuneka ukuthi bonke abantu abazofuna ukusebenzisa izingane bazi ukuthi baboshwe yile ‘protocol’ futhi abakwazi ukwenza okunye ngaphandle kwalokho. (Translation of Zulu paragraph follows.)

[It doesn’t matter whether he is 15 or 20 years old, a child is a child. It is unacceptable to take a child of 18 years to carry a firearm. It is dangerous to involve young children. It is clear that they should be protected at all times. The protocol we are about to sign should not merely remain on paper, without being enforced. It should be clear to all people who intend using children that this protocol forbids them to do so and that there is no alternative.]

We therefore call upon all parties involved in conflicts to abide by the provisions of international humanitarian law in order to make sure that there is no child – be it a boy child or a girl child – that is involved in armed conflict in order for the future of our leadership that want to grow in children. I thank you. [Applause.]

Mr M S BOOI: Chairperson, what we are about today has been a tradition and a history within the ANC. What the ANC is endorsing and supporting today is within history.

In 1976, when children were arrested under the state of emergency and when children were being banned and harassed and forced to flee their country and go into different countries, the ANC was there to harbour them and give them accommodation, food and a place to sleep.

Those were children, as young as 11 and 10 years of age. The ANC was able to start a school for them in Mazimbu, Tanzania, to enable them to study and look for what the apartheid government was not able to give them.

So, what we are saying as the ANC at this particular moment is that we are supporting this protocol because our history is very strong on supporting and looking after young people.

One of the people who put together this protocol and became its architect, Mama Graca Machel, whom the chairperson of our portfolio committee or the study group, Comrade Kadar Asmal, has already spoken about, said she had moving experiences when she was putting together the report for the UN. It really says a lot about her if one looks at the way in which she made sure that the protocol was put and passed by the UN. She related her own experiences of when she was going around the world, meeting with young children who felt unprotected against adults who felt unprotected against a war that they themselves had not started, and who felt unprotected against governments that they had voted into power. She said she really felt heartbroken deep inside. She tells of her own experiences when a Palestinian youth approached her and tried to speak to her. She says that after she had finished speaking, the youth asked her: Mama Graca, how long will it take before things get better? A month? A year? That really spoke to her because it was quite clear to that young person that he was not going to find a solution to a war that he himself did not start, neither today nor tomorrow.

Young women are impregnated and then totally abandoned. This is what a young woman said after her return from the Sudan: ``I was a wife to one rebel commander, then to another junior commander, and then to two other rebel soldiers. I had one child who died when he was a few days old. I was a slave to the rebels for 19 months. I do not think I’ll marry again.’’ This is what this young woman of 18 years expressed, as a child, on what she has gone through.

This is what motivates us today so that we are able to say we need to support this protocol and make it work so that we do continue protecting the young people who could be the leaders of tomorrow, young people who could look after us as we continue entrenching and building the democracy that we have fought for so hard, so that this woman who had been impregnated, who had been confronted with harassment by older men and who had been harassed by rebel soldiers, should be continuously protected that we take it and make it our responsibility to protect them.

So, this is what really motivates the ANC - that this barbarism should not continue, that this barbarism should not be associated with the democratic practices that we have in our country today; that we continue re- entrenching on fundamental things that are based on building a particular new human being; that we will be able to protect the needs of our people; and that we will be able to protect and support the democratic processes that we have built today.

So, that is what really motivates us in saying that, as the ANC, we will support this protocol and do everything within our ranks to ensure that it is implemented. That is what the ANC is about, and what the Deputy President, Comrade Jacob Zuma has said here today - that within this history and within the ANC and the National Youth Commission for the past ten years … [Time expired.] [Applause.]

Ms N M MDAKA: Chairperson, the UDM fully supports South Africa’s proposal to the United Nations Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts.

The international pervasive abuse and exploitation of children has made it necessary for all responsible and democratic states to pursue improved children’s rights, both internally as well as multilaterally.

Conflicts, civil unrest and war in some form or another, continue in various regions, also in Africa. Wherever this strife happens, it seems almost inevitable that when we watch news on television, we see children with machine guns in their hands. Certainly, forced military conscription is not the only abuse meted out to children. Slavery, prostitution . . . [Time expired.] [Applause.]

Mr L W GREYLING: Chair, I want to share with this House my first experiences with child soldiers. On an expedition through the DRC in 1998, I was interrogated by a 14-year-old child in Kisingani who had a Browning machine gun slung over her shoulder.

In the town of Mbandaka, I witnessed a scene of an elderly man cowering before a child no older than 12 years old. The child had pulled out his belt and, with a rage I have never seen before and I will never forget, he was threatening to beat this man.

During my time in Kinshasha, a 10-year-old child soldier shot two Red Cross workers just for saying his friends could not play soccer on a field. This is the last of the innocents the hon Asmal referred to. And this is what we need to prevent!

The ID will therefore definitely be supporting this protocol, and we are working with all parties to ensure that this gets implemented across the continent. I thank you.

Adv Z L MADASA: Chairperson, it would be a good thing for our Parliament to ratify the United Nations Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts. We must do so, because we must do all that we can to protect children from being abused in armed conflicts.

This protocol is not a cure for all ills, but another remedy that can be used to protect children. We need a multipronged approach, though. In the end, the real and lasting remedy to protect children in armed conflict situations is to address the causes of conflicts such as poverty, underdevelopment and political instability.

Dr G W KOORNHOF: Mr Chairperson and members, this afternoon we will ratify an important UN protocol, namely the United Nations Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts. This protocol was adopted by the General Assembly of the United Nations nearly five years ago, on 25 May 2000.

Our Cabinet approved this protocol on 21 July 2004. We must ask why it has taken so long for us to reach a point where we can, only today, consider such as important pact. If it’s due to administrative bureaucracy, then we need to streamline processes and procedures.

Essentially, the protocol deals with children in armed conflicts. In the DRC, they are known as kadojo’’ or thelittle ones’’. In Colombia, they are called little bees’’, because they conduct surprise attacks on enemy forces. Paramilitaries call themlittle bells’’ due to their early warning of any enemy attacks. These are some of the names given to child soldiers.

The UN Children’s Fund estimates that during the past two decades between 250 000 and 300 000 children, many younger than 15 years and some as young as seven years, were under arms, mostly in Africa. Wars have killed, as Prof Asmal mentioned, over two million children. Four to five million children were disabled. More than one million were orphaned and 12 million children were left homeless by war.

The magnitude of these numbers of children affected by armed conflicts represents a tragedy for humanity. We will fail in our duty if we do not take drastic actions to stop this abuse. It doesn’t stop with the ratification of a UN protocol, but begins with a committed effort by all governments to prevent children from being recruited as child soldiers and also with the reintegration of children into communities and society to recover from the effects of war.

There are many reasons for children to become soldiers involved in armed conflicts. Firstly, there are economic reasons, fuelled by poverty and hunger. We therefore have to address these causes through socio-economic development programmes from which people can obtain hope for a better life. Secondly, we find unscrupulous rebel commanders who recruit children as soldiers. One such rebel commander justified the use of children in his ranks as follows:

   Children make good fighters, because they are young and want to show
   off. They think it is all a game, so they are fearless.

We need to rule out this kind of attitude and, if necessary, criminalise such actions. There is a saying: ``In the child lies the fulfilment of the mother’s dream.’’ We must never allow this dream to be destroyed. If children are to be protected from armed conflicts, there must be women and mothers to sustain and rebuild homes and communities. It is women who hold families and communities together, and it is women who act to preserve the social order. [Applause.] We therefore cannot address the question of children in armed conflict if we do not also address the pivotal role played by women in our society.

The Graca Machel study has made a valuable contribution in this regard, and she submitted this three-year study of hers on the impact of armed conflict on children to the United Nations General Assembly already in 1996. For us to succeed in preventing children from being recruited in armed conflicts, we have to move from the situation which General Romeo Dallaire, the Canadian force commander of the UN mission to Rwanda, describes where children are used as a weapons platform to what Graca Machel describes as ``children in zones of peace’’.

May we never again witness a 15-year-old child soldier taking care of a three-year-old boy who has lost everything, including his family, as described by General Dallaire in his book Shake hands with the Devil on the failure of humanity in Rwanda.

In conclusion, we seriously have to consider passing legislation, in this government and in this Parliament, to criminalise the use or recruitment of persons younger than 18 years into nonstate armed forces if we want to ensure compliance with the provisions of this protocol.

The ANC supports the ratification of this UN protocol, and congratulates the President and the Cabinet for adopting the protocol. [Time expired.] [Applause.]

The HOUSE CHAIRPERSON (Mr G Q M Doidge): Order! A minute has been added to your speaking time, Dr Pheko, so you have two minutes.

Dr S E M PHEKO: Mr Chairperson, this is one of the most important international instruments to come out of the United Nations. It should have come into existence long ago. There can be no civilised world without it. It really should have been conceived by the Organisation of African Unity and inherited by the African Union.

It is on our continent that we have seen children from eight years of age being taught how to shoot and kill. This is still happening in many areas of Africa where there are armed internal conflicts and civil wars.

This has made brutes out of innocent children who could have been responsible citizens and leaders. The sale of children into child prostitution and pornography has degraded and dehumanised children on a scale unprecedented in history.

This protocol must be supported by all civilised people, and implemented. The PAC supports this optional protocol. Our Parliament must ratify it. I thank you. [Applause.]

The HOUSE CHAIRPERSON (Mr G Q M Doidge): Order! Hon Rajbally, you also have two minutes now.

Ms S RAJBALLY: Thank you, Chairperson. In our democracy, our firm commitment to human rights is enshrined in the Bill of Rights of our national Constitution of 1996, where we totally stamp out any abuse, exploitation or ill-treatment of children in all of humanity.

As regards the involvement of children in armed conflicts, the MF wholeheartedly condemns this as a contravention of human rights and as the exploitation and abuse of children.

We have no objection to children being educated on the rights and wrongs of this world, but our babies are innocent. They are just children who have newly opened their eyes in this world. It is our duty to protect them and mould them into good citizens, not shove guns in their hands and socialise them into being murderers.

We are adults who should learn that bloodshed does not heal or better this world. The MF’s proposed solutions are passive negotiation, agreement and treaties. Tears are brought to my eyes, thinking of the children globally and the ones in South Africa, grown accustomed only to bloodshed, warfare, anger, hatred, revenge and the many other evils of this world.

The MF wipes away these tears with a sworn commitment to protect our children; to stop the warfare and replace the guns with toys, the cold with warmth, the tears with laughter, and the bloodshed with showers of sunshine. Mothers and fathers of this world, unite. Protect our children. South Africa, stand up. Protect our children and the children of the world. Protect our future.

The MF fully supports the protocol. [Applause.]

Mr D M DLALI: Chairperson, the protocol has been tabled and the speakers have spoken on this issue. The ANC fully supports this, and I fully agree with all the speakers who have spoken. Thank you. [Applause.]

Debate concluded.

United Nations Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts approved.

 CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF WORLD HEALTH
     ORGANISATION (WHO) FRAMEWORK CONVENTION ON TOBACCO CONTROL

Mr L V J NGCULU: Chair, hon members, firstly, as the Portfolio Committee on Health we are proud and happy that South Africa joins, in particular, eight countries from Africa and 53 from the rest of the world to introduce and submit to yourselves for approval the Framework Convention on Tobacco Control.

This is an important landmark in our country, because we are joining countries that are pledging themselves, not only as a country but also as part of the world body, to say the dangers and hazards of tobacco must be joined by a number of countries in order to discourage those who are smoking to stop smoking and, in particular, the youth not to be introduced to smoking.

We are therefore proud that on 28 February this convention was to be adopted and South Africa will be joining as part of the signatories to this convention, and we place it before you to adopt it. Thank you very much. [Applause.]

World Health Organisation (WHO) Framework Convention on Tobacco Control approved.

CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF SOUTHERN AFRICAN DEVELOPMENT COMMUNITY (SADC) MUTUAL DEFENCE PACT

Prof A K ASMAL: Mr Chairperson, I’m sorry I’m going to come between you and your transport of the buses and your dinner, but I think that this protocol of SADC requires a little mention in Parliament.

It’s a pleasure for me, on behalf of the Portfolio Committee on Defence, to present this report to the National Assembly on the SADC Mutual Defence Pact, together with recommendations to the National Assembly.

At first sight, the pact is straightforward in that it puts into operation and provides a proper legal basis within SADC for the agreement to set up the Organ on Politics, Defence and Security Co-operation under the original SADC Treaty. Let me say, hon members, SADC has moved tremendously from the time the frontline states were set up to withstand the economic and military threat of apartheid South Africa.

In the past decade there has been a large measure of co-operation, particularly in mutual security arrangements. The pact before us reflects a desire of the 13 member states to promote peace and security in the region, a most laudable desire. The pact was signed by heads of state and government in 2003, and the defence committee feels that because of the importance, once again, of the role played by South Africa this protocol should have been presented to Parliament much sooner, at an earlier date.

The heart of the pact is Article 6, which lays down that: “An armed attack on a State Party shall be considered a threat to regional peace and security and such an attack shall be met with immediate collective action.” This is very much like the one of the North Atlantic Treaty Organisation.

The implication is that parties to the pact shall respond immediately by means of collective action. It’s not necessary to respond with collective self-defence by means of use of force; any other collective action, as we saw for example in Togo, the use of diplomacy, the use of measures short of force and sanctions, will be acceptable to meet the threat. However, the trigger for intervention requires very careful study, because this allows SADC to intervene militarily in another state it ought to protect from aggression.

Under Article 7 there is a principle on noninterference. It is made clear that all state parties will respect the sovereignty of member states, and it should not take any action unless the member state agrees, requests that action. That’s the classical position. The difference now, and this is why this convention is so important, is that the Summit of Heads of State and Government may, in fact, notwithstanding an absence of request or even in opposition to the member state, take action. So the summit can now take action in order to remove a threat to the physical integrity and political independence of a member state. The summit may do so therefore, notwithstanding an absence of request. Such action must be reported to the UN Security Council and the Peace and Security Council of the African Union. This is a classic example of the development of collective security within the SADC region.

There are other provisions concerning the exchange of information, defence cooperation and joint research. The stand-by force of the African Union will soon come to the House. The African Union decided to have five stand- by forces. SADC is the most advanced in setting up this battalion and we’ll be pleased to come to the National Assembly to have a debate on the extent to which SADC has been able to establish the stand-by force, which will be enormously important to deal with threats to the peace. So great advances are being made.

There are, of course, also other provisions which I will bring to the notice of the House. The pact also refers to destabilising factors that obliges all state parties not to nurture, harbour or support persons or bodies that aim to destabilise the political, military, territorial, economic and social security of a member state. Now, we must make it quite clear, this cannot interfere with the rights of South African citizens and those who are here to enjoy rights of association, freedom of speech and organisation. This should not be considered as destabilising another state. In fact, the convention itself refers to the fact that we must defend and safeguard the freedom of the peoples and other activities, as well individual liberties and the rule of law.

So, the pact will therefore not restrict the constitutional freedoms we enjoy to provide assistance to neighbours and people who give them refuge if their own governments are violating their fundamental freedoms and rights. They must be very clear about this. We give refuge to thousands of Zimbabweans as refugees. Come on! We give refuge to them as economic refugees. They are here, they are welcome and we shall continue to do so, whatever you may say about pandering to refugees and this right to intendancy; this is not a right to anything.

This is a very important development and we must therefore understand that SADC has moved to a situation of collective security. This is the best way of dealing with, in fact, unconstitutional changes; the best way of dealing with destabilisation is measures taken by member states. Therefore, the defence committee, your Portfolio Committee on Defence, has the pleasure under section 231(2) of the Constitution to recommend to the National Assembly that it should give its agreement to the executive, because the executive, and not the National Assembly, ratifies the convention.

We give the National Assembly our consent that they should ratify the SADC Mutual Defence Pact, and I therefore recommend this to the House. Thank you very much, ladies and gentlemen. [Applause.]

Southern African Development Community (SADC) Mutual Defence Pact approved.

The House adjourned at 17:55. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

ANNOUNCEMENTS

National Assembly

1. Membership of Committees

 The following members have been appointed to serve on the Committee
 mentioned, viz:

 Constitutional Review

     African National Congress:

     Chohan-Khota, Ms F I
     Jeffery, Mr J H
     Masutha, Adv T M
     Montsitsi, Mr S D
     Ndzanga, Ms R A
     Nel, Mr A C (Discharged)
     Njobe, Ms M A A
     Ntshulana-Bhengu, Ms N R
     Schoeman, Dr E A

     Democratic Alliance:

     Camerer, Ms S M

     Inkatha Freedom Party:

     Smith, Mr P F

     African Christian Democratic Party:

     Swart, Mr S N

     Freedom Front Plus:

     Mulder, Dr C P

1. Referrals to committees of papers tabled

 The following papers have been tabled and are now referred to the
 relevant committees as mentioned below:


 (1)    The following paper is referred to the Joint Monitoring
     Committee on Improvement of Quality of Life and Status of
     Children, Youth and Disabled Persons and the Joint Monitoring
     Committee on Improvement of Quality of Life and Status of Women
     for consideration and report:

     Programme 5 on Policy Co-ordination which is part of Vote 1 "The
     Presidency".


 (2)    The following paper is referred to the Joint Monitoring
     Committee on Improvement of Quality of Life and Status of
     Children, Youth and Disabled Persons for consideration and report:

     Programme 6 on National Youth Commission which is part of Vote 1
     "The Presidency".


 (3)    The following paper is referred to the Portfolio Committee on
     Foreign Affairs for consideration and report:

     Memorandum on Vote No 3 - "Foreign Affairs", Main Estimates, 2005-
     2006.


 (4)    The following paper is referred to the Portfolio Committee on
     Home Affairs for consideration and report:

     Memorandum on Vote No 4 - "Home Affairs", Main Estimates, 2005-
     2006.


 (5)    The following paper is referred to the Portfolio Committee on
     Provincial and Local Government for consideration and report:

     Memorandum on Vote No 5 - "Provincial and Local Government", Main
     Estimates, 2005-2006.


 (6)    The following paper is referred to the Portfolio Committee on
     Public Works for consideration and report:

     Memorandum on Vote No 6 - "Public Works", Main Estimates, 2005-
     2006.


 (7)    The following papers are referred to the Portfolio Committee on
     Communications for consideration and report:


     (a)     Memorandum on Vote No 7 - "Government Communications and
          Information System", Main Estimates, 2005-2006.

     (b)     Memorandum on Vote No 26 - "Communications", Main
          Estimates, 2005-2006.


 (8)    The following papers are referred to the Portfolio Committee on
     Finance for consideration and report:


     (a)     Memorandum on Vote No 8 - "National Treasury", Main
          Estimates, 2005-2006.

     (b)     Memorandum on Vote No 13 - "Statistics South Africa", Main
          Estimates, 2005-2006.


 (9)    The following paper is referred to the Portfolio Committee on
     Public Enterprises for consideration and report:

     Memorandum on Vote No 9 - "Public Enterprises", Main Estimates,
     2005-2006.


 (10)The following papers are referred to the Portfolio Committee on
     Public Service and Administration for consideration and report:


     (a)     Memorandum on Vote No 10 - "Public Service and
          Administration", Main Estimates, 2005-2006.

     (b)     Memorandum on Vote No 11 - "Public Service Commission",
          Main Estimates, 2005-2006.

     (c)     Memorandum on Vote No 12 - "South African Management
          Development Institute", Main Estimates, 2005-2006.


 (11)The following papers are referred to the Portfolio Committees on
     Arts and Culture and Science and Technology for consideration and
     report:


     (a)     Memorandum on Vote No 14 - "Arts and Culture", Main
          Estimates, 2005-2006.

     (b)     Memorandum on Vote No 31 - "Science and Technology", Main
          Estimates, 2005-2006.


 (12)The following paper is referred to the Portfolio Committee on
     Education for consideration and report:

     Memorandum on Vote No 15 - "Education", Main Estimates, 2005-2006.


 (13)The following paper is referred to the Portfolio Committee on
     Health for consideration and report:

     Memorandum on Vote No 16 - "Health", Main Estimates, 2005-2006.


 (14)The following paper is referred to the Portfolio Committee on
     Labour for consideration and report:

     Memorandum on Vote No 17 - "Labour", Main Estimates, 2005-2006.


 (15)The following paper is referred to the Portfolio Committee on
     Social Development for consideration and report:

     Memorandum on Vote No 18 - "Social Development", Main Estimates,
     2005-2006.


 (16)The following paper is referred to the Portfolio Committee on Sport
     and Recreation for consideration and report:

     Memorandum on Vote No 19 - "Sport and Recreation South Africa",
     Main Estimates, 2005-2006.


 (17)The following paper is referred to the Portfolio Committee on
     Correctional Services for consideration and report:

     Memorandum on Vote No 20 - "Correctional Services", Main
     Estimates, 2005-2006.


 (18)The following paper is referred to the Portfolio Committee on
     Defence and the Joint Standing Committee on Defence for
     consideration and report:

     Memorandum on Vote No 21 - "Defence", Main Estimates, 2005-2006.


 (19)The following papers are referred to the Portfolio Committee on
     Safety and Security for consideration and report:


     (a)     Memorandum on Vote No 22 - "Independent Complaints
          Directorate", Main Estimates, 2005-2006.

     (b)     Memorandum on Vote No 24 - "Safety and Security", Main
          Estimates, 2005-2006.


 (20)The following paper is referred to the Portfolio Committee on
     Justice and Constitutional Development for consideration and
     report:

     Memorandum on Vote No 23 - "Justice and Constitutional
     Development", Main Estimates, 2005-2006.


 (21)The following papers are referred to the Portfolio Committee on
     Agriculture and Land Affairs for consideration and report:


     (a)     Memorandum on Vote No 25 - "Agriculture", Main Estimates,
          2005-2006.

     (b)     Memorandum on Vote No 29 - "Land Affairs", Main Estimates,
          2005-2006.


 (22)The following paper is referred to the Portfolio Committee on
     Environmental Affairs and Tourism for consideration and report:

     Memorandum on Vote No 27 - "Environmental Affairs and Tourism",
     Main Estimates, 2005-2006.


 (23)The following paper is referred to the Portfolio Committee on
     Housing for consideration and report:

     Memorandum on Vote No 28 - "Housing", Main Estimates, 2005-2006.


 (24)The following paper is referred to the Portfolio Committee on
     Minerals and Energy for consideration and report:

     Memorandum on Vote No 30 - "Minerals and Energy", Main Estimates,
     2005-2006.


 (25)The following paper is referred to the Portfolio Committee on Trade
     and Industry for consideration and report:

     Memorandum on Vote No 32 - "Trade and Industry", Main Estimates,
     2005-2006.


 (26)The following paper is referred to the Portfolio Committee on
     Transport for consideration and report:

     Memorandum on Vote No 33 - "Transport", Main Estimates, 2005-2006.


 (27)The following paper is referred to the Portfolio Committee on Water
     Affairs and Forestry for consideration and report:

     Memorandum on Vote No 34 - "Water Affairs and Forestry", Main
     Estimates, 2005-2006.


 (28)The following papers are referred to the Portfolio Committee on
     Water Affairs and Forestry and the Standing Committee on Public
     Accounts for consideration:


     (a)     Report on the writing off of the Department of Water
          Affairs and Forestry's portion of the Land Bank instalment for
          2000, 2001, 2002, 2003 and 2004 made on behalf of Kalahari
          East Water User Association.

     (b)     Report on the writing off of State loan granted to
          Injimbali Irrigation Board.

     (c)     Report on the writing off of the balance of R1 million
          owed by Great Fish River Water User Association.


 (29)The following paper is referred to the Ad Hoc Committee on the
     Office of the Auditor-General and the Standing Committee on Public
     Accounts for consideration:

     Activity Report of the Auditor-General for 2003-2004 [RP 211-
     2004].


 (30)The following papers are referred to the Standing Committee on
     Public Accounts for consideration:


     (a)     Special Report of the Auditor-General on the delays in the
          tabling of Annual Reports and Consolidated Financial
          Statements of National Government for 2003-2004 [RP 208-2004].

     (b)     General Report of the Auditor-General on the Audit Outcome
          for 2003-2004 [RP 210-2004].


 (31)The following papers are referred to the Portfolio Committee on
     Finance. The Report of the Independent Auditors on the Financial
     Statements is referred to the Standing Committee on Public
     Accounts for consideration:


     (a)     Report and Financial Statements of the Financial Services
          Board on the Registrar of Friendly Societies for 2003.

     (b)     Report and Financial Statements of the Government
          Employees Pension Fund for 2002-2003, including the Report of
          the Independent Auditors on the Financial Statements for 2002-
          2003 [RP 1-2004].


 (32)The following papers are referred to the Portfolio Committee on
     Finance:


     (a)     Government Notice No R1289 published in Government Gazette
          No 26938, dated 5 November 2004: Determination of amounts in
          terms of sections 1 and 5 of the Military Pensions Act, 1976
          (Act No 84 of 1976).

     (b)     Government Notice No R1334 published in Government Gazette
          No 26981, dated 19 November 2004: Exemption of Telkom SA
          Limited and its subsidiaries and any entities under its
          ownership control in terms of section 92 of the Public Finance
          Management Act, 1999 (Act No 1 of 1999).

     (c)     Government Notice No R1353 published in Government Gazette
          No 27011, dated 19 November 2004: Amendments to the exemptions
          made in Government Gazette No 24176 dated 20 December 2003, in
          terms of section 74 of the Financial Intelligence Centre Act,
          2001 (Act No 38 of 2001).

     (d)     Government Notice No R1354 published in Government Gazette
          No 27011, dated 19 November 2004: Second Reporting Exemption
          in terms of the Financial Intelligence Centre Act, 2001 (Act
          No 38 of 2001).

     (e)     Government Notice No R1354 published in Government Gazette
          No 27012, dated 19 November 2004: Amendment of prescribed
          fees, made in terms of section 36 of the Pension Funds Act,
          1956 (Act No 24 of 1956).


 (33)The following papers are referred to the Portfolio Committee on
     Water Affairs and Forestry. The Reports of the Independent
     Auditors on the Financial Statements are referred to the Standing
     Committee on Public Accounts for consideration:


     (a)     Report and Financial Statements of Mhlathuze Water Board
          for 2003-2004, including the Report of the Independent
          Auditors on the Financial Statements for 2003-2004.

     (b)     Report and Financial Statements of the Sedibeng Water
          Board for 2003-2004, including the Report of the Independent
          Auditors on the Financial Statements for 2003-2004.

     (c)     Report and Financial Statements of the Ikangala Water
          Board for 2003-2004, including the Report of the Independent
          Auditors on the Financial Statements for 2003-2004.

     (d)     Report and Financial Statements of the Lepelle Water Board
          for 2003-2004, including the Report of the Independent
          Auditors on the Financial Statements for 2003-2004.

     (e)     Report and Financial Statements of the Magalies Water
          Board for 2003-2004, including the Report of the Independent
          Auditors on the Financial Statements for 2003-2004.

     (f)     Report and Financial Statements of the Rand Water Board
          for 2003-2004, including the Report of the Independent
          Auditors on the Financial Statements for 2003-2004.

     (g)     Report and Financial Statements of the Bushbuckridge Water
          Board for 2003-2004, including the Report of the Independent
          Auditors on the Financial Statements for 2003-2004.

     (h)     Report and Financial Statements of the Umgeni Water Board
          for 2003-2004, including the Report of the Independent
          Auditors on the Financial Statements for 2003-2004.

     (i)     Report and Financial Statements of the Overberg Water
          Board for 2003-2004, including the Report of the Independent
          Auditors on the Financial Statements for 2003-2004.

     (j)     Report and Financial Statements of the Botshelo Water
          Board for 2003-2004, including the Report of the Independent
          Auditors on the Financial Statements for 2003-2004.

     (k)     Report and Financial Statements of the Bloem Water Board
          for 2003-2004, including the Report of the Independent
          Auditors on the Financial Statements for 2003-2004.

     (l)     Report and Financial Statements of the Pelladrift Water
          Board for 2003-2004, including the Report of the Independent
          Auditors on the Financial Statements for 2003-2004.

     (m)     Report and Financial Statements of the Namaqua Water Board
          for 2003-2004, including the Report of the Independent
          Auditors on the Financial Statements for 2003-2004.

     (n)     Report and Financial Statements of the Amatola Water Board
          for 2003-2004, including the Report of the Independent
          Auditors on the Financial Statements for 2003-2004.

     (o)     Report and Financial Statements of the Albany Coast Water
          Board for 2003-2004, including the Report of the Independent
          Auditors on the Financial Statements for 2003-2004.


 (34)The following paper is referred to the Portfolio Committee on
     Environmental Affairs and Tourism for consideration:

     The following person has been appointed by Cabinet as a member and
     chairperson of the South African National Parks Board, in terms of
     section 8 of the National Parks Act, 1976 (Act No 57 of 1976):

          Ms C Carolus.


 (35)The following papers are referred to the Portfolio Committee on
     Environmental Affairs and Tourism. The Reports of the Auditor-
     General on the Financial Statements are referred to the Standing
     Committee on Public Accounts for consideration:


     (a)     Report and Financial Statements of the South African
          Weather Service for 2002-2003, including the Report of the
          Auditor-General on the Financial Statements for 2002-2003 [RP
          221-2003].

     (b)     Report and Financial Statements of the South African
          Weather Service for 2003-2004, including the Report of the
          Auditor-General on the Financial Statements for 2003-2004 [RP
          176-2004].


 (36)The following paper is referred to the Portfolio Committee on
     Environmental Affairs and Tourism:

     Government Notice No 2483 published in Government Gazette No
     26969, dated 5 November 2004: Invitation to apply for experimental
     longline fishing permits for the catching of Patagonian tooth fish
     (Dissostichus SPP), tabled in terms of the Marine Living Resources
     Act, 1998 (Act No 18 of 1998).


 (37)The following paper is referred to the Portfolio Committee on
     Public Enterprises and the Portfolio Committee on Water Affairs
     and Forestry. The Report of the Independent Auditors on the
     Financial Statements is referred to the Standing Committee on
     Public Accounts for consideration:

     Report and Financial Statements of the South African Forestry
     Company Limited for 2003-2004, including the Report of the
     Independent-Auditors on the Financial Statements for 2003-2004.


 (38)The following paper is referred to the Standing Committee on Public
     Accounts for consideration and the Portfolio Committee on
     Environmental Affairs and Tourism:

     Letter from the Minister of Environmental Affairs and Tourism
     dated 1 December 2004 to the Speaker of the National Assembly, in
     terms of section 65(2)(a) of the Public Finance Management Act,
     1999 (Act No 1 of 1999), explaining the delay in the tabling of
     the Annual Reports of the South African Weather Service for 2002-
     2003 and 2003-2004.


 (39)The following papers are referred to the Joint Standing Committee
     on Defence:


     (a)     The President of the Republic submitted a letter dated 26
          November 2004 to the Speaker of the National Assembly
          informing Members of the National Assembly of the employment
          of a member of the South African National Defence Force in
          Mozambique.

     (b)     The President of the Republic submitted a letter dated 3
          December 2004 to the Speaker of the National Assembly
          informing Members of the National Assembly of the employment
          of members of the South African National Defence Force in
          Mozambique.

     (c)     The Acting President of the Republic submitted a letter
          dated 10 January 2005 to the Speaker of the National Assembly
          informing Members of the National Assembly of the employment
          of the South African National Defence Force in Sudan.


 (40)The following paper is referred to the Portfolio Committee on
     Justice and Constitutional Development for consideration:

     Reply from the Minister for Justice and Constitutional Development
     in regard to the report of the Ad Hoc Committee on Special Report
     of the Public Protector, as adopted by the House on 24 June 2004,
     concerning a complaint by the Deputy President.


 (41)The following paper is referred to the Portfolio Committee on
     Transport. The Report of the Auditor-General on the Financial
     Statements are referred to the Standing Committee on Public
     Accounts for consideration:

     Report and Financial Statements of the South African Rail Commuter
     Corporation Limited (SARCC) for 2003-2004, including the Report of
     the Auditor-General on the Financial Statements for 2003-2004 [RP
     105-2004].


 (42)The following papers are referred to the Portfolio Committee on
     Water Affairs and Forestry:


     (a)     Government Notice No 1135 published in Government Gazette
          No 26848, dated 8 October 2004: Establishment of the
          Ventersdorp-Dolomite Water User Association, Magisterial
          district of Coligny, Koster, Lichtenburg and Ventersdorp, in
          the North West Province, Water Management Area number 9 in
          terms of the National Water Act, 1998 (Act No 36 of 1998).

     (b)     Government Notice No 1136 published in Government Gazette
          No 26848, dated 8 October 2004: Transformation of the Elands
          Valley Irrigation Board, Magisterial districts of Belfast,
          Waterval Boven and Nelspruit, Mpumalanga Province, into the
          Elands River Catchment Area number 5, Mpumalanga Province in
          terms of the National Water Act, 1998 (Act No 36 of 1998).

     (c)     Government Notice No 1138 published in Government Gazette
          No 26848, dated 8 October 2004: Restrictions on the taking of
          water from the Tosca Molopo Dolomite Aquifer in terms of the
          National Water Act, 1998 (Act No 36 of 1998).

     (d)     Government Notice No 1316 published in Government Gazette
          No 26962, dated 12 November 2004: Proposal for the
          Establishment of the Crocodile (West)- Marico Catchment
          Management Agency in terms of section 78(3) of the National
          Water Act, 1998 (Act No 36 of 1998).

     (e)     Government Notice No 2478 published in Government Gazette
          No 26962, dated 12 November 2004: Prohibition on the making of
          fires in the open air: Districts of Clanwilliam, Piketberg,
          Ceres, Tulbagh, Worcester, Caledon, Paarl, Stellenbosch,
          Strand and Somerset West in terms of the National Forests Act,
          1998 (Act No 84 of 1998).

     (f)     Government Notice No 2479 published in Government Gazette
          No 26962, dated 12 November 2004: Prohibition on the making of
          fires in the open air: Districts of Swellendam and Montagu in
          terms of the National Forests Act, 1998 (Act No 84 of 1998).

     (g)     Government Notice No 2480 published in Government Gazette
          No 26962, dated 12 November 2004: Prohibition on the making of
          fires in the open air: Western Cape in terms of the National
          Forests Act, 1998 (Act No 84 of 1998).

TABLINGS

National Assembly

1. The Speaker

 Replies from Energy Sector Education and Training Authority (Eseta) to
 recommendations in Ninth Report of Standing Committee on Public
 Accounts, 2004, as adopted by the House on 27 October 2004.

 Referred to the Standing Committee on Public Accounts.

1. The Speaker

 Letter from the Minister of Public Enterprises dated 28 February 2005
 to the Speaker of the National Assembly, in terms of section 65(2)(a)
 of the Public Finance Management Act, 1999 (Act No 1 of 1999),
 explaining the delay in the tabling of the Annual Report of Aventura
 for 2004:

 LATE TABLING OF ANNUAL FINANCIAL STATEMENTS OF AVENTURA TO PARLIAMENT

 In terms of the section 55(1)(d) of the Public Finance Management Act,
 1999 (hereafter called "PFMA"), Aventura is required to submit its
 annual financial statements and annual report within five months of the
 end of a financial year, to the relevant Treasury, to the executive
 authority responsible for the SOE as well as the Auditor-General.

 As Aventura's financial year-end was 30 June 2004, the Annual Financial
 Statement and Report was due for submission on or before 31 December
 2004.

 As Aventura has been unable to comply with the above requirements for
 its 2002-2003, as well as its 2003-2004 financial years, I hereby
 inform you in terms of section 65(2) of the PFMA of the non-compliance
 of Aventura to this requirement.

 Due to various unresolved aspects related to the actuarial valuation
 for the pension fund, which was only obtained in December 2004, the
 Board only approved the Annual Financial Statements for 2002-2003 on 28
 January 2005. These statements will be submitted to myself for approval
 at the upcoming Aventura Annual General Meeting.

 Once I have approved the 2002/2003 Statements, the audit of the 2003-
 2004 Annual Financial Statements will be concluded and submitted to me
 for my approval.

 Aventura's Annual Financial Statements and Report will therefore be
 delivered to Parliament in due course for distribution to the Members
 of Parliament.

 Best regards,

 signed
 Mr A Erwin, MP
 MINISTER OF PUBLIC ENTERPRISES

COMMITTEE REPORTS

National Assembly and National Council of Provinces

  1. ANNUAL REPORT OF THE JOINT MONITORING COMMITTEE ON IMPROVEMENT
 OF QUALITY OF LIFE AND STATUS OF WOMEN

                         MAY – NOVEMBER 2004

1. NAME OF COMMITTEE:

Joint Monitoring Committee on Improvement of Quality of Life and Status of Women.

Chairperson: Ms M R Morutoa Deputy Chairperson: Ms E S Mabe

1. MANDATE OF THE COMMITTEE:

   2.1 Mission: To monitor and evaluate progress with regard to the improvement in the quality of life and status of women in South Africa, with specific reference to the Government’s commitments - (i) to the Beijing Platform of Action; and (ii) with regard to the implementation of the Convention on the Elimination of Discrimination against Women; and (iii) to any other applicable international instruments eg SADC Declaration on Gender and Development

   2.2 Vision: Achieving improved quality of life and status of women and gender equality across the social and racial spectrum in South Africa

       3. Objectives:
              - Monitor and ensure that gender sensitive policies and
                programmes are  implemented  in  all  Ministries  and
                departments
              - Monitor all  legislation  including  the  Budget  for
                compliance with the Beijing Platform for  Action  and
                Cedaw
              - Monitor all our ministries and departments to  ensure
                they have mainstreamed gender in all their programmes
                and budgets
   
   
    4. List of Entities reporting to the Committee
   

Refer to Joint Rules, Constitution and Beijing Platform for Action

1. CHAIRPERSON’S OVERVIEW:

The Third Parliament’s Joint Monitoring Committee on Improvement of Quality of Life and Status of Women was finally appointed on 29 October 2004, when the names of the NCOP component of this joint committee were published in the Announcements, Tablings and Committee Reports of Parliament. The names of the National Assembly component were published in the Announcements, Tablings and Committee Reports on 26 August 2004.

1. CORE OBJECTIVES:

The Joint Committee must - (a) monitor and evaluate progress with regard to the improvement in the quality of life and status of women in South Africa, with specific reference to the Government’s commitments - (i) to the Beijing platform of action; and (ii) with regard to the implementation of the Convention on the Elimination of Discrimination against Women; and (iii) to any other applicable international instruments; (b) may make recommendations to both or either of the Houses, or any joint or House committee, on any matter arising from paragraph (a) or (b).

5.Committee activities

1. FINANCIAL STATEMENTS:

Budget allocated to Committee: R 669 007,00

   Expenditure:

Total Expenditure: R 0,00

  7.  OUTSTANDING MATTERS:

•       The Committee must adopt its committee programme  and  committee
  budget plan when Parliament convenes in 2005.

  FORMAL ADOPTION OF ANNUAL REPORT BY THE COMMITTEE

Adopted 25 February 2005.

                             APPENDIX I

COMPOSITION OF COMMITTEE:

SUPPORT STAFF:

Control Committee Secretary: Ms T Lyons

Committee Secretary: Ms M S Pauw

Committee Assistant: Mr F Holliday

Secretary to Chairperson: Ms K Davids