National Assembly - 14 December 2005
WEDNESDAY, 14 DECEMBER 2005 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 14:01.
The Deputy Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
NOTICES OF MOTION
Mr S B FARROW: Madam Deputy Speaker, I hereby give notice that I shall move:
That the House debates the issue of the Gautrain, in particular what steps, if any, are being taken by the Government to ensure that there will be no bribery and corruption in the Gautrain project similar to that experienced in the arms deal.
Ms D KOHLER-BARNARD: Madam Deputy Speaker, I hereby give notice that I shall move:
That this House debates whether or not the hon Minister of Health is performing her duties to the satisfaction of the House, and to consider the fact that she was awarded nought out of ten in the annual Democratic Alliance report card.
[Interjections.]
Mr S J MASANGO: Madam Deputy Speaker, I hereby give notice that I shall move:
That this House debates the negative effect the nondelivery of facilities has on the development of the sporting talent of our youth.
Mnr M SWART: Madam Deputy Speaker, I hereby give notice that I shall move:
That the House debates the threat to the tourist industry as a result of the increase in crime and attacks on tourists, especially in the Western Cape.
Mr A C STEYN: Madam Deputy Speaker, I hereby give notice that I shall move:
That the House debates the housing crisis caused by the unfulfilled promises of the hon Minister of Housing and her Department.
Mnr R J KING: Agb Adjunkspeaker, ek gee hiermee kennis dat ek sal voorstel:
Dat die Huis die beveiliging van groot winkelsentrums, veral in Gauteng, deur die polisie sowel as eienaars van sodanige winkelsentrums bespreek. (Translation of Afrikaans notice of motion follows.)
[Mr R J KING: Hon Deputy Speaker, I hereby give notice that I shall move:
That the House discusses the safeguarding of big shopping centres, especially in Gauteng, by the police as well as owners of such shopping centres.]
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I give notice that I shall move that the DA should come back next week and discuss all these funny topics. [Laughter.]
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, may I, on behalf of the DA, accept the motion, and suggest that the House should pass it unanimously? The DEPUTY SPEAKER: The two Chief Whips are out of order, and wasting time. The House has a lot of work to deal with this afternoon.
I believe that we have no more notices of motion. We have heard all the notices that we had. Am I correct? Are there any motions without notice?
QATAR’S OFFER TO ROLAND SCHOEMAN
(Draft Resolution)
Mr T D LEE: Deputy Speaker, I hereby move:
That the House –
1) expresses its appreciation to Roland Schoeman for turning down a
very lucrative offer to swim for Qatar;
2) notes that this selfless and patriotic deed not only sends a
powerful message to all South Africans that money is not
everything, but also inspires our youth . . . [Interjections.]
The DEPUTY SPEAKER: Order, order, hon member! Please enjoy the protection of the Chair. This was done before when statements were repeated, and people felt that it was in order. You are overemphasising a good thing. It happened when there was a statement by Mr Chauke. One party raised it, and the next time, when another party raised it, we were told that it is okay. So, let us accept it.
Mr T D LEE: Thank you very much, Madam Deputy Speaker. [Interjections.]
The DEPUTY SPEAKER: Are you screaming at the Chair, hon member? I am asking if you are screaming at the Chair because I have just given a ruling? No?
Mr T D LEE: Thanks very much, Madam Deputy Speaker. To continue with my motion:
(2) notes that this selfless and patriotic deed not only sends a
powerful message to all South Africans that money is not
everything, but also inspires our youth to achieve and to be
proudly South African; and
(3) recognises that we are thus duty-bound to look after our
sportsmen and sportswomen and to make sure that their sacrifices
are not in vain.
I thank you, Madam Deputy Speaker.
The CHIEF WHIP OF THE OPPOSITION: Madam Deputy Speaker, the hon member proposed a motion without notice. Would you please put the motion to the House?
The DEPUTY SPEAKER: Yes. Are there any objections? None
Agreed to.
PRECIOUS METALS BILL
(Consideration of Bill and of Report on amendments proposed by NCOP)
There was no debate.
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move:
That the Bill, as amended by the Committee, be passed.
Motion agreed to.
Bill accordingly passed.
PRECEDENCE GIVEN TO ORDERS NO 3 AND NO 4 AND FAREWELL SPEECHES
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker, we move that precedence be given to Orders No 3 and No 4, and to farewell speeches.
Thank you.
The DEPUTY SPEAKER: Precedence is to be given to Orders No 3 and No 4.
The CHIEF WHIP OF THE OPPOSITION: Deputy Speaker, may I address you on this motion?
I’ve just been handed a document, which says “Delay in printing of Children’s Bill”, which is Order No 3, to which we are deciding to give precedence. Are we to understand from the Chief Whip’s motion that the corrected Bill is now available? The document before me says “Delay in printing of Children’s Bill”. Below it, it says “The printing of the amended version of the Independent Communications Authority of South Africa Amendment Bill is delayed.”
I’m sorry. I don’t know now which one is delayed. Is it the Children’s Bill or is the Icasa Bill, or is it both?
The DEPUTY SPEAKER: The Chief Whip of the Majority Party has requested that we deal with Orders No 3 and No 4 and the farewell speeches. Are there any objections to that? No objections?
The CHIEF WHIP OF THE OPPOSITION: Madam Deputy Speaker, there is an objection if the letter handed to me from the Secretary to the NA is correct.
It says “Subject: Delay in printing of Children’s Bill”. If the letter is in error . . . [Interjections.]
The DEPUTY SPEAKER: The letter that I have says “Delay in printing of Icasa Bill.”
The CHIEF WHIP OF THE OPPOSITION: Yes, well, I’ve got two letters – one refers to the Children’s Bill, and the other to the Icasa Bill. So I am better briefed than the Deputy Speaker is at the moment.
The DEPUTY SPEAKER: I think the one that I have is the latest one, and let the House be guided by that.
If we have a problem later on, we will come back to what you are raising now. At the moment, the letter that we have is the one on the delay in the printing of the Icasa Bill. The Icasa Bill falls under Order No 2, and I think the Chief Whip of the Majority Party is in order in saying that we should deal with Orders No 3 and No 4 and the farewell speeches, and then come back to Order No 2. Is the House in order now? [Interjections.]
You don’t have a letter?
Kodwa ngicela ulalele kahle bab’ uNdlovu ngoba sengikhuluma nawe manje. [But I would like you to listen carefully, Mr Ndlovu, because I’m talking to you now.]
I am asking the House, as the Chief Whip has done already, to all agree on what we are going to be doing now. Instead of getting to Order No 2, we now move to Orders No 3 and No 4 and the farewell speeches. We will then come back to Order No 2. So, all the business that we have to deal with today will be dealt with. Agreed? Thank you. CHILDREN’S BILL
(Consideration of Bill and of Report on
amendments proposed by NCOP)
There was no debate.
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move:
That the Bill, as amended, be passed.
Motion agreed to.
Bill accordingly passed.
NURSING BILL
(Consideration of Bill and of Report on amendments proposed by NCOP)
There was no debate.
The DEPUTY SPEAKER: Requests for declarations of vote have been received. I am advised that, by agreement, declarations will be for up to two minutes each. I will now allow one member of each political party wishing to make a declaration an opportunity to do so.
Declarations of vote:
Ms D KOHLER-BARNARD: Deputy Speaker, the DA will not be voting to support any proposed amendments to this Bill, because the Bill itself is a travesty of democracy.
Let me remind this House of the DA’s main objections to the Bill. Firstly, the Minister, who I see has once again failed to grace us with her presence, has assumed for herself complete power over the appointment of the members of the SA Nursing Council, against the wishes of 180 000 nurses. She has done this because, according to her, insufficient numbers of nurses voted, and because they voted – according to her – insufficient black nurses to the current council.
We must look at this argument in the context of the upcoming local government elections, and hope very much that it is not an opinion that prevails widely in government. If it turns out that insufficient people of the right colour are elected in March next year, will this government simply assume for itself the right to correct these decisions about who gets elected? Democracy has been a hard-fought-for battle in this country, and the Minister of Health does not have the right to simply scrap it when it does not produce the results she likes.
The department needs to ensure that nurses are informed about why it is important to vote for council members, in the same way that the Independent Electoral Commission is in the process of telling South Africans why they need to vote on 1 March.
Secondly, the DA has fundamental objections to the way in which community service for nurses is being introduced. Nurses are being expected to make a major sacrifice to put their careers and lives on hold for a whole year. The claim is that this is to pay back government for having invested in their training, but private nurses who pay for their own training are also expected to give up a year of their lives.
The DA believes that the Bill must provide for a legal obligation on the state to give adequate notice to students, and to supervise and consult them properly in order to avoid the problems that still bedevil doctors’ conscription. Only by doing this can we avoid utter chaos.
One amendment by the Portfolio Committee on Health may clear the way for foreign medical professionals to come here to work, should they choose to swim against the tide, but the Bill itself is not something the DA intends to vote for.
Mr A MLANGENI: Madam Deputy Speaker, I would like to know whether the hon member from the DA was reading a declaration from the DA, or singing, because we couldn’t understand what she was saying! [Laughter.]
Mrs C DUDLEY: Madam Deputy Speaker, the ACDP is committed to quality health care delivery and recognises the need for legislation that protects the public. Patient safety and quality care continue to be elusive. However, as chronic and critical shortages in the health care workforce continue to increase, the World Bank identified nurses and midwives as the most cost- effective resource for delivering high-quality health care in both new and established economies.
The health care system in South Africa, as is the case in many other countries, is nurse-centred, and this Bill defines who a nurse is, and what a nurse can and cannot do, primarily for the purpose of protecting the public.
The general content of the Bill is supported by nurses; however, they have grave concerns that the Bill does little to instil confidence in nursing as a profession. This is important if we hope to retain and attract nurses to this profession.
The Bill gives unfettered power to the Minister to determine what should be happening to nurses and midwives.
The ACDP will again vote against this Bill. Thank you.
The DEPUTY SPEAKER: Any other declaration? The Chief Whip of the Majority Party?
We have listened to the declarations. Are there any objections?
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, you recognised me.
The DEPUTY SPEAKER: I did recognise you, and you said you didn’t want to speak.
The CHIEF WHIP OF THE MAJORITY PARTY: I thought you wanted me to respond to the false declarations.
I have a motion on the Bill, which is that I have pleasure in moving that the Bill be passed.
The DEPUTY SPEAKER: The other members are asking for your motivation, but you are not compelled to give any motivation. If that is what you declare, that is sufficient.
Division demanded.
Question put: That the Bill, as amended by the Committee, be passed.
The House divided.
AYES-231: Abram, S; Ainslie, A R; Anthony, T G; Arendse, J D; Asiya, S
E; Baloyi, M R; Bapela, K O; Batyi, F; Bekker, H J; Beukman, F; Bhamjee,
Y S; Bhengu, F; Bhengu, P; Bici, J; Bloem, D V; Blose, H M; Bogopane-
Zulu, H I; Bonhomme, T J; Botha, N G W; Burgess, C V; Cachalia, I M;
Carrim, Y I; Cele, M A; Chalmers, J; Chang, E S; Chauke, H P; Chikunga,
L S; Combrinck, J J; Cronin, J P; Cwele, S C; Dambuza, B N; Diale, L N;
Dikgacwi, M M; Direko, I W; Dithebe, S L; Dlali, D M; Dlhamini, B W;
Dodovu, T S; Doidge`, G Q M; du Toit, D C ; Fihla, N B; Frolick, C T;
Fubbs , J L; Gabela, L S; Gaum, A H; Gcwabaza, N E ; George, M E;
Gerber, P A; Gillwald, C E ; Godi, N T; Gogotya, N J; Gololo, C L;
Goniwe, M T; Green, L M; Greyling, C H F; Gumede, D M; Gumede, M M;
Gxowa, N B; Hanekom, D A; Hendrickse, P; Hogan, B A; Huang, S; Jacobus,
L ; Johnson, C B; Johnson, M; Kalako, M U; Kasienyane, O R; Kati, Z J;
Khoarai, L P; Khumalo, K K; Khumalo, M S; Komphela, B M; Kondlo, N C;
Kota, Z A; Kotwal, Z; Landers, L T; Lekgetho, G; Likotsi, M T; Lishivha,
T E; Louw, J T; Louw, S K; Lucas, E J; Ludwabe, C I; Luthuli, A N;
Maake, J J; Mabena, D C; Madasa, Z L; Madella, A F; Madikiza, G T;
Maduma , L D; Madumise, M M; Magwanishe, G B; Mahomed, F; Mahote, S;
Maine, M S; Maja, S J; Makasi, X C; Makgate, M W; Malahlela, M J;
Maloney, L; Maloyi, P D N; Maluleke, D K; Manana, M N S; Manuel, T A;
Mars, I; Maserumule, F T; Mashangoane, P R; Mashiane, L M; Mashigo, R J;
Mashile, B L; Masutha, T M; Mathebe, P M; Mathibela, N F; Matlala, M H;
Matsemela, M L; Matsepe-Casaburri, I F; Maunye, M M; Mayatula, S M;
Mbombo, N D; Mentor, M P; Meruti, M V; Mgabadeli, H C; Mkhize, Z S;
Mkongi, B M; Mlangeni, A; Mncwango, M A; Mngomezulu, G P; Mnguni, B A;
Mnyandu, B J; Moatshe, M S; Modisenyane, L J; Mofokeng, T R; Mogale, O
M; Mogase, I D; Mohamed, I J; Mokoena, A D; Mokoto, N R; Moloto, K A;
Monareng, O E; Moonsamy, K; Morutoa, M R; Morwamoche, K W; Mosala, B G;
Moss, L N; Moss, M I; Motubatse-Hounkpatin, S D; Mpontshane, A M;
Mshudulu, S A; Mthembu, B; Mthethwa, E N; Mtshali, E; Ndlovu, V B;
Ndzanga, R A; Nefolovhodwe, P J; Nene, N M; Newhoudt-Druchen, W S;
Ngaleka, E; Ngcengwane, N D; Ngcobo, B T; Ngculu, L V J; Ngele, N J;
Ngwenya, M L; Ngwenya, W; Nhlengethwa, D G; Njobe, M A A; Nkabinde, N C;
Nkem-Abonta, E; Nkuna, C; Nogumla, R Z; Nonkonyana, M; Ntuli, M M;
Ntuli, R S; Ntuli, S B; Nwamitwa-Shilubana, T L P; Nxumalo, M D;
Nzimande, L P M; Olifant, D A A; Oliphant, G G; Oosthuizen, G C;
Padayachie, R L; Pandor, G N M; Phadagi, M G; Phungula, J P; Pieterse, R
D; Rabinowitz, R; Radebe, B A; Rajbally, S ; Ramakaba-Lesiea, M M;
Ramgobin, M; Ramodibe, D M; Ramotsamai, C P M; Reid, L R R; Roopnarain,
U; Rwexana, S P; Scheemann, G D; Schippers, J; Schoeman, E A; Sekgobela,
P S; September , C C; Sibande, M P; Sibuyana, M W; Sigcau , Sylvia N;
Sikakane, M R; Skhosana, W M; Skosana, M B; Smith, P F; Smith , V G;
Sonto, M R; Sosibo, J E; Sotyu, M M; Surty, M E; Thomson, B; Tinto, B;
Tolo, L J; Tsenoli, S L; Tshivhase, T J; Tshwete, P; Turok, B; Vadi, I;
Van der Heever, R P Z; van Schalkwyk, M C J; Van Wyk, Annelizé; Vezi, T
E; Vos, S C; Vundisa, S S; Wang, Y; Xolo, E T; Yengeni, L E; Zita, L;
Zulu, B Z ; Zulu, N E.
NOES-37: Blanché, J P I; Boinamo, G G; Botha, C-S; Delport, J T; Doman,
W P; Dudley, C; Farrow, S B; Gibson, D H M; Groenewald, P J; Kalyan, S
V; King, R J; Kohler-Barnard, D; Lee, T D; Lowe, C M; Masango, S J;
Mfundisi, IS; Minnie, K J; Morgan , G R; Mulder, P W A; Nel, A H; Pule,
B E; Rabie, P J; Sayedali-Shah, M R; Schmidt, H C; Selfe, J; Seremane, W
J; Simmons, S; Smuts, M; Steyn, A C; Swart, M; Swart, P S; Swathe, M M;
Trent, E W; Van der Walt, D; van Dyk, S M; Van Niekerk, A I; Weber, H.
ABSTAIN-4: Diko, M; Gore, V C; Madaka, N M; Woods, G G.
Question agreed to.
Bill accordingly passed.
FAREWELL SPEECHES
The CHIEF WHIP OF THE OPPOSITION: Deputy Speaker, it’s my privilege to be able to say goodbye now. I understand that as soon as we finish saying goodbye we are all going to say hello again, because we are going to discuss the Icasa Bill.
This is an occasion for kind words, for thanks and for holiday good wishes. You will therefore probably be relieved to hear that I will not use this opportunity to refer to the way in which the NCOP is holding this House to ransom over amendments to Bills. I also will not use this opportunity to refer to the Travelgate scandal, which is about to celebrate its third birthday. I will also not refer to the suspension and disciplinary steps against Mr Harry Charlton, which some see as retribution against a whistleblower. I will not refer to the unacceptable conduct of the Deputy Speaker over floor-crossing. Madam, what I am going to do is to not discuss any of these matters because, being a lover and not a fighter, I do not wish to spoil the spirit of sweetness and light that reigns in the Chamber. There will be other times - many other times, I trust – for us to tell the ANC what we think of their government and for the ANC to attempt to retaliate.
What is important for now is to state that most members of most parties are good and decent and sincere. Most hon members want the best for our country and for the people we’re so privileged to represent and to serve. Being an MP is a great privilege, which carries with it great responsibilities.
It is not always fun, I assure you, even though my wife, Pam, when I occasionally complain, says: “Oh no, you enjoy every minute of it.” That certainly is an exaggeration; there are certainly several minutes in every hour which are less than pleasurable. Nevertheless, I share with many other MPs the feeling that what we do is worthwhile because we are busy building a new South Africa that aims to provide opportunities for all of our people.
As MPs we are well served by the support structures that underpin us in our parties and in the institution itself. I thank all the DA officials and researchers; my own PA, Riley Wakeford; the DA Whips who help me, and all the Whips of all the parties who co-operate so well in the interests of Parliament.
The ANC Chief Whip, the hon Mr Goniwe, and his deputy, the hon Andries Nel, get on very well with my valued deputy, Mike Ellis, and me. I believe that this is essential and helps to ensure that this place works, and I want to thank the Chief Whip for that. Occasionally he is a bit of a hothead and I suppose, occasionally, I am too, but what I try to do is to restore peace and calm . . . [Interjections.][Laughter.] . . . while he’s busy throwing petrol on the fire, and in a way we manage to rub along quite well together.
I’d like to compliment him on the fact that he is still there – I think he is the sixth ANC Chief Whip that I’ve had to deal with, and he is the only one who has any staying power. The others, of course, either get promoted or they go to jail, or they resign, or they become rich or something. [Laughter.] Poor Mr Goniwe just stays as the ANC Chief Whip, having to deal with me, and I feel sorry about that.
I take this opportunity to thank the presiding officers and all of the staff of Parliament, from the most senior to the most junior, for doing their best to treat us with courtesy and consideration, and give good service. Many of them are friendly and kind towards me personally, and for this I am grateful. I then take this opportunity of wishing the presiding officers, all the staff and all hon members of this House a happy and blessed Christmas, and a very good New Year. I thank you. [Applause.] Mr J H VAN DER MERWE: Madam Deputy Speaker, we have come to the end of yet another year. We have to say thank you to so many people - and goodbye - and we hope to see you all again next year.
In my case, this is the end of my 28th consecutive year as a member of Parliament . . . [Interjections.] I am extremely privileged and thankful and humbled to have served for so many years. We are all members of Parliament and we are all very privileged to be here to serve the people of our land. Thousands of other people are trying to become MPs, but we few are the privileged ones.
Our sacred duty as MPs is therefore to take our oath of allegiance seriously and to serve the people of South Africa with pride, with compassion, with dedication, and with all our heart. On behalf of the IFP I wish to associate myself with the words of thanks expressed by the previous speaker.
We also wish everybody a merry Christmas and a very prosperous 2006, but we also wish to express sympathies and condolences, especially with our colleagues in the ANC who are going to suffer massive losses in election setbacks next year in the elections. We express our sympathy for that.
In conclusion, I am not a mfundisi or maruti [preacher], and I don’t have such a big mouth as that member over there. Neither am I a reverend; I am a lawyer, but I wish to pass on a beautiful passage from the Bible, which appears in 1 Corinthians 13:13 and reads as follows:
And now abide faith, hope, love; but the greatest of these is love.
May you all return healthy and refreshed in January. I thank you. [Applause.]
Mr G T MADIKIZA: Madam Deputy Speaker and hon members, we find ourselves once more at the end of a parliamentary year. The year has had many highlights and a significant number of important Bills were passed. Unfortunately, the year has also had its low points in the passing away of a number of our colleagues, and there has also been another round of unsightly and unseemly floor-crossing.
At the end of the year important matters still remain to be concluded and resolved. There are a number of religious celebrations that have just occurred or will shortly commence. We wish South Africans of all faiths well and that their celebration of faith will invigorate them to participate with renewed enthusiasm in the building of a more prosperous and equal South Africa.
The upcoming holiday is also an opportunity for South Africans to gather with their families and loved ones. We must therefore appeal to one other and to our constituents to be responsible road users. Let us try to reach our loved ones safely . . . [Interjections.]
The HOUSE CHAIRPERSON (Ms C-S Botha): Hon member, you must say goodbye now.
Mr G T MADIKIZA: . . . and return unscathed and avoid this period of celebration becoming a period of loss and suffering. [Time expired.][Laughter.][Applause.]
Mrs C DUDLEY: Madam Chair, hon members, as glaring as our differences often are, our common commitment to the people of South Africa and our passionate concern for their wellbeing knit us together. I never doubt your sincerity; it is just that you are so often sincerely wrong.
With so many people struggling in so many areas of their lives, and the needs around us seemingly endless, it is easy to feel weary and even despondent at the end of a long year. It is not our talk that counts but our walk, and learning to walk means taking a tumble at times when we fail, and we will fail in our own strength. It is painful, but only for a time. Humbling experiences increase our appreciation when God comes through and does what we cannot do in our own strength.
Christmas is a season that symbolises hope, but so many people will put their trust in everything but Jesus, and be bitterly disappointed. I pray in Jesus’ name that God will give you courage, bless and your family abundantly, prosper you, and keep you from harm over this Christmas season and throughout the coming year. I bring Christmas greetings from the Rev Kenneth Meshoe, the leader of the ACDP, and my colleagues in the ACDP to all members of the NA and staff. I thank you. [Time expired.][Applause.]
Mnr P J GROENEWALD: Agb Voorsitter, namens die VF Plus het ek gedink dat ons darem meer as ‘n minuut sal kry om dankie en tot siens te sê, want in ‘n minuut kan jy eintlik net sê: “Dankie en tot siens.”
Ewenwel, die VF Plus wil graag van dié geleentheid gebruik maak om vir almal dankie te sê. Ek wil graag ‘n uitsondering maak van die amptenare wat altyd agter die skerms hard werk. Hulle is nie altyd sigbaar nie en mens sien nie altyd hoe hard hulle werk nie, maar dit is hulle wat verseker dat agter die skerms die wiele aan die rol bly. Dit is hulle wat die olie gee en die petrol gee sodat ons hier in die Raad behoorlik kan funksioneer. Dus namens die VF Plus baie dankie aan hulle.
Ek wil ook graag, in die gees van Kersfees, vir ieder en elk van u ‘n geseënde Kersfees toewens. Mag u ‘n ware Christusfees ervaar, mag Sy genade en Sy liefde in elkeen van ons se harte werk en mag Hy ook die land seën vir 2006. Baie dankie. [Applous.] (Translation of Afrikaans speech follows.)
[Mr P J GROENEWALD: Hon Chairperson, on behalf of the FF Plus I thought that we would have more than a minute to say thank you and good bye, because all one can actually say in a minute is: “Thank you and good bye.”
Nevertheless, the FF Plus would like to take this opportunity to say thank you to everyone. I would like to make special mention of the officials who always work hard behind the scenes. They are not always visible and one does not always see how hard they work, but they are the ones who ensure that the wheels are kept turning behind the scenes. They are the ones who supply the oil and the petrol so that we can function properly here in the House. Therefore, on behalf of the FF Plus I say thank you to them.
I would also, in the spirit of Christmas, like to wish each and every one of you a blessed Christmas. May you experience a true festival of Christ, may His grace and His love work in the hearts of each one of us and may He also bless the country for 2006. Thank you very much. [Applause.]]
Mr G G WOODS: Chairperson, at this stage of proceedings it’s almost impossible not to simply regurgitate what has already been said, so at least let me try and do so in as few words as possible.
Nadeco would like to thank you all for your co-operation and your comradeship in the course of our parliamentary work, and we would like to wish you a pleasant few weeks’ break from here. We would also like to thank all the parliamentary officials and the parliamentary staff who work so hard to facilitate our work here. Thank you. [Applause.]
Mr I S MFUNDISI: Chairperson and hon members, we have come to the end of the year and it is proper that we exchange greetings as we head for the Christian festive season of joy, peace and giving. Let me thank the Speaker and the Deputy Speaker for their leadership in this institution, the House Chairpersons who perform their task with zeal and passion, the Chief Whip, hon Goniwe, who, despite his height, is big in his heart and thus gives credence to the saying that dynamite comes in small packages. [Laughter.]
I also need to thank the Deputy Chief Whip, hon Nel, whose height makes him tower above issues that need to be resolved. This Parliament could not function with politicians only and we therefore express our thanks to the Secretary and his entire staff. We hope, on our return, that we shall have all transformed to the Secretary’s pet subject: parliamentary online travel booking. Finally, thanks go to the service officers for the patience they have to trundle the same path up and down to furnish us with water or stationery.
As we part: “God be with you till we meet again, By His counsels guide, uphold you, With His sheep securely fold you; God be with you till we meet again.” [Applause.]
Mr M T LIKOTSI: Chairperson, today we have reached the end of the road of the fourth term, this year, in the NA. It is that time of the year when we must close our eyes and recap our activities of the year, and proudly say: “Gosh! We have made it.” [Laughter.]
The PAC wishes to thank all of you, hon members, and the support staff for making our work easy through our good working relationship. As we leave this Parliament to meet our loved ones, we wish you a safe journey back home, a happy Christmas and a prosperous New Year. Farewell! Farewell! Farewell! [Applause.]
Ms S RAJBALLY: Chair, as the curtains are drawn on another year, may we pay our respects to the many doors we have opened and the progress we have made in strengthening democracy, delivering to our people and ensuring a better life for all. Parliament has contributed greatly to this end and the MF takes this opportunity to express its gratitude to all role-players in this regard.
Hon Madam Speaker, Deputy Speaker and the House Chairpersons, under your auspicious chairing in for the past year we have gladly performed our duties and you convened the House commendably. We thank you. To all the members of the NA and the NCOP, the Chief Whip and Deputy Chief Whip, the MF applauds your hard work and commitment to fulfilling the duties of Parliament.
To all parliamentary staff, the NA Table, police, security and support staff, we thank you for your commitment and dedicated service. Without you Parliament would not be able to perform its function and fulfil its duties efficiently and effectively. As we rest from this podium for 2005 we pray for the safe return to the podium in 2006, and we hope . . . [Interjections.][Laughter.] . . . that we remember there are those who don’t have. Don’t forget, the needy await you. I hope 2006 will give the smaller parties more speaking time. I thank you. [Time expired.][Applause.]
Ms N M MDAKA: Chairperson, hon members, as this House concludes its work for the year 2005 and hon members are looking forward to reconnecting with their families and friends, we should also take this time and reflect on all the achievements we have recorded, as well as the challenges we continue to face in our struggle to improve the lives of our people.
The UIF wishes all of you and your families a very fulfilling festive season, and hopes that those of you who will be travelling to different places inside and outside of our country borders will do so safely, and will respect our traffic laws and other road users. I want to remind the hon members who will be driving to check that their intended routes will have an adequate fuel supply for the duration of their trip. Let us come back next year and work tirelessly. I thank you. [Time expired.][Applause.]
Mr P J NEFOLOVHODWE: Chairperson, it is my honour and privilege to say go well and enjoy your Christmas – those who believe in the Christmas holidays – and happy New Year. But, I think, it is also an opportunity for me, particularly, to thank all those members of Parliament who voted for me to represent my country and the African people . . . [Applause.] . . . at the Pan-African Parliament. I am really honoured by that. It is also an opportunity for me to thank the Chief Whip . . . . [Interjections.][Time expired.][Laughter.]
The HOUSE CHAIRPERSON (Ms C-S Botha): Hon member, this opportunity has just passed.
Mr S SIMMONS: Deputy Chairperson, I rise on behalf of the UPSA to express good wishes to all parties and their members in this House. I wish to thank my colleagues for their generally good support and co-operation during the year. Also special thanks to you, Madam Speaker, in your absence, your deputies and your support staff for your unselfish service to this House.
Naas 1994 was hierdie jaar, myns insiens, die mees interessante. Dit is die jaar waarin ons die moord van die NNP aanskou het, met die agb Marthinus van Schalkwyk met die dolk in sy hand. Iemand wat iets sê en dan totaal die teenoorgestelde doen, staan bekend as ‘n leuenaar.
Dié gebeure het egter ‘n geleentheid gebied vir opposisiepartye om opnuut te besin oor die totale aard en rigting van die opposisiepolitiek in Suid- Afrika. Dit is verblydend om te sien dat opposisiepartye in die algemeen goeie onderlinge werkverhoudinge handhaaf. (Translation of Afrikaans paragraphs follows.)
[Besides 1994, this year has been the most interesting in my opinion. It is the year in which we witnessed the murder of the NNP, with the hon Marthinus van Schalkwyk dagger in hand. Someone who says something and then does the complete opposite is known as a liar.
These events, however, provided an opportunity for opposition parties to reflect anew on the whole nature and direction of opposition politics in South Africa. It is heart-warming to see that the opposition parties in general are maintaining good mutual working relationships.]
I wish to conclude by wishing all of you in the House a happy and healthy holiday and a blessed Christmas.
Mag die Here Sy ryke seën op u een en elkeen laat daal. [May the Lord richly bless each and every one of you.] I thank you, Madam.
Mr L M GREEN: Chairperson, on behalf of the FD I rise to thank all my colleagues for a very interesting year. In closing Parliament today it is perhaps a good opportunity to ask the question: To what extent have we as MPs contributed to building an effective people’s parliament that is responsive to the needs of the people, and that is driven by the ideal of realising a better quality of life for all the people of South Africa?
It is indeed a noble ideal to live one’s life for others, to work so that others less fortunate than us might realise a better quality of life. The acid test is not how much we praise each other today, but how well we have worked this year. The real test comes when ordinary people come to us, as public representatives, and thank us for a service rendered by getting a grant for a child, helping a pensioner to receive his state pension on time, or any other service.
I wish to thank all the presiding officers and the Chief Whips and Whips for a job well done. I wish you a happy Christmas and a happy New Year, and I trust that we will come back refreshed and ready to do good work and hard work next year. I thank you.
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Chairperson, on the advice of the principal of principals, and the teacher of teachers, I will start on this note: I will not refer to the beating the DA took in the floor-crossing session, and the subsequent court applications. I shall not refer to the fact that the DA is generally negative about South Africa and its progress. I shall not refer to my unshakeable view that the DA has no possibility of being a party fully informed and associated with the transformation challenges of South Africa. I shall not say the hon Van der Merwe may have been enjoying a brief dream when he made his rather wild prediction about the ANC and the elections in 2006. I am correct when I predict a massive victory for the ANC in the coming elections. [Applause.]
On a more serious note, today brings us to the conclusion of the parliamentary programme for the year 2005. We have, throughout the year, worked hard in pursuance of social objectives to deepen the nonracial, nonsexist and democratic character of our country. As a microcosm of the South African nation, we have had vibrant and honest debates in an ongoing effort to locate relative points of consensus.
We depart with our heads held high, confident of having served our people to the best of our abilities. Our sincere gratitude goes to the Speaker, the hon B Mbete, and the Deputy Speaker, the hon G Mahlangu-Nkabinde, for the good work they did throughout the year in ensuring that our proceedings were orderly.
In this regard, we must also take our hats off to the Chairs of the House. I will mention them in order of experience, not in order of seniority: Comrade Doidge, Madam Sandra Botha and hon Bapela.
We must also thank the Presidency for the outstanding leadership role it has played in conducting the affairs of our country, continent and the world. Words don’t exist to describe our indebtedness to President Thabo Mbeki and Deputy President P Mlambo-Ngcuka, and former Deputy President J Zuma.
We thank the Ministers and the various departments, as well as counsellors to the Presidency, for their tireless work to keep us informed, and for assisting us in various ways that make our work lighter.
We wish to thank all the leaders of parties in our Parliament. To our colleagues in the Chief Whips’ Forum, our heartfelt admiration goes to them for the practical balance and stability they provide to the content of our decisions, as well as the dedication they display to their work.
I also take this opportunity to thank all our Chairs and Whips on their political management role, and for attending to the myriad of tasks in order to ensure smooth implementation and running of our programmes.
The migratory nature of the work of members tends to have a negative impact on families. The hectic schedules and travelling affect our health. Yet, despite the endless list of difficulties, members of Parliament continue their efforts in pursuance of a better life for all.
We thank all the members for the patriotic work that they do. Our thoughts are also with those who may not be with us due to ill health, and we wish them a speedy recovery.
The Secretary to Parliament, his senior management, Table staff, service officers, catering and the police, as well as the support staff of all parties, have all done good work to ensure the smooth running of our various operations. Accordingly, we would like to convey our sincerest gratitude to all.
At this time, we are all looking forward to a well-deserved rest with our families, relatives and friends to celebrate and enjoy the niceties of the festive season. However, before we may enjoy the festive season, we must first drive safely and carefully. Do not drink and drive. Take sufficient rest during long trips.
We wish every one of us good health, a joyous Christmas and a happy New Year.
Kuni ke bakwaKhongolozi sithi ikhwelo lityala! Zemk’iinkomo magwalandini!; amas’abekw’elangeni! Sakuhlangana ke ngomhla wokuqala kuMatshi, xa siya kube sibuyela kule Ndlu ngemvume yabantu. Loo nto iya kwenza ukuba wonke umntu aqonde ukuba nguKhongolozi kuphela okhonyayo kweli lizwe. Enkosi. [Kwaqhwatywa.] (Translation of Xhosa paragraph follows.)
[Those who belong to the ANC should be warned that the competition will be a tough one. We will meet on 1 March, when we will be coming back to this House with the permission of the people. That will cause everybody to realise that it is only the ANC that is in charge of this country. Thank you. [Applause.]]
The DEPUTY SPEAKER: Hon members, the Chief Whip of the Majority Party did not use all the time that was allocated to him.
We have to say “hello” again, Mr Gibson, because it will be very costly for you all to go home and come back just for one day. So, we now go back to the work that we left earlier on.
INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA AMENDMENT BILL
(Consideration of Bill and of Report on amendments proposed by NCOP)
The DEPUTY SPEAKER: I wish to bring to the attention of all members that the version of the Bill being considered is the one that has been distributed in the House. Do we all have a copy?
HON MEMBERS: No!
The DEPUTY SPEAKER: Copies were made available to all parties. Requests for declarations of vote have been received. I will now allow one member of each political party wishing to make a declaration an opportunity to do so for three minutes. You are not compelled to do so, but if you wish, there is the platform to do so.
There was no debate.
Declarations of vote:
Me M SMUTS: ‘n Party waarvan party leiers so broekloos is, is skaars in ‘n posisie om onderklere aan te spreek. [A party that has some leaders who are without pants, is hardly in a position to address underwear.]
Madam, the NA . . . [Interjections.]
The DEPUTY SPEAKER: Hon members, I do understand the excitement of it being the last day of session, but do let us remain respectful as always. We have never referred to any member’s clothes, let alone underwear. Please do not let this House be dragged to that level. We are not going to allow it.
Ms M SMUTS: Madam, the NA should have rejected the NCOP’s amendments to the appointment and removal provisions for the Independent Communications Authority of SA, and we should have reinstated the carefully worked compromise that we achieved in this House. After all, the NCOP has simply returned the Bill to its original version, which we rejected, in giving the power of appointment to the Minister.
In addition, it now allows her to fire Icasa councillors on the recommendation of a panel, which conducts ongoing performance evaluations.
The NCOP achieved this feat of parliamentary capitulation in a few hours – please note, Madam – sitting only with the Department of Communications. It ignored or is unaware of the Constitution. It ignored or is unaware of the fact that the Constitutional Court has said, “‘Independence’ means independence from government”, and that “the Chapter 9 bodies were created to be and to be seen to be outside and beyond government”. The NCOP ignored or is unaware of the fact that the Joint Committee on Constitutional Review on which it sits has recommended that we consider amending the Constitution to expand section 192 to include telecommunications, thus confirming and augmenting the constitutional independence of this regulator.
Yet the portfolio committee made much yesterday of the “upper House”. It is a House of provinces, but the ANC compared it to the House of Lords. It seems to me that that House is being used as a tool for parliamentary capitulation by the executive. Instead of rejecting its amendments, the ANC in our portfolio committee has made a mermaid.
The top half of the appointment clause is the NCOP’s Minister-compliant mechanism, the one she originally tabled. The bottom half of the mermaid is from the NA’s Bill, returning the Minister’s appointments to this House for ratification, as it should. But, alas, by cutting off the mermaid’s tailfin so that she cannot swim against the stream, there is no provision for sending the Minister’s choice back for review, and there is no explicit provision for rejecting it.
As for the removal provision, it remains unchanged, I regret to say, and it is just outright unacceptable. The President should please, please, send this Bill back for reconsideration and to achieve constitutionality. We oppose it vehemently. [Applause.]
The DEPUTY SPEAKER: I just want to remind the House that the business before the House is business of the NA. We have no right to even look at or criticise the integrity of another House. That is out of order. I do understand that you want to push a point forward, but let us remain as honourable as we can, and within our Rules, as much as possible.
Very soon, we will all be free to say whatever we want to say outside the House. Let us, for this remaining hour, still remain honourable. Please, I beg you to respect our Rules and the Rules of the NCOP. Thank you.
Mrs C DUDLEY: Deputy Speaker, with the drafting of South Africa’s Constitution consensus was reached that the independence of constitutionally enshrined institutions would be maintained. Government reassured South Africans that transparency, accountability and oversight would be the foundations on which the country’s transformation will be based. Measures were taken to guarantee the independence of institutions such as Icasa.
The premise was that Chapter 9 institutions should be free from possible influence based on vested interests from government departments. Constitutionally enshrined institutions have a clear role to play in relation to the public and it is essential that the public perceive such institutions as free and fair entities.
The ACDP questions the constitutionally enshrined commitment to oversight, accountability and democracy in South Africa if the credibility of Chapter 9 institutions in their capacity as intermediaries between civil society and government departments is undermined in this way. The ACDP will not support the amendments. Thank you. [Applause.]
Ms S C VOS: Deputy Speaker, there is a song that we all know and it is called I’ve got the power and there is a new song that is going to be making its way onto the parliamentary hit parade . . . [Interjections.] Sorry?
The DEPUTY SPEAKER: As long as you’re not going to sing it. I like the songs, but only as long as you’re not going to sing.
Ms S C VOS: Oh, good. …onto the hit parade, courtesy of the Ministry of Communications. The song is going to be called “We want the power of the Independent Communications Authority of South Africa”. And if one were to write a book about political intrigue and manipulation, this could be the plot. The Ministry wants and tables Plan X about entity A, Icasa. Entity A, Icasa, objects, as do relevant others. They advise Plan Y. The NA, with its power of oversight over the executive, after exhaustive public hearings and debate, devises Plan Z. This House agrees. the Ministry is not happy about this; it wants Plan X. It tiptoes along our corridors to the NCOP and surreptitiously slips Plan X back under their door.
Plan X is picked up with alacrity, the NCOP sits for one morning and - hey, presto! - the NCOP agrees with Plan X, that the Minister can enjoy inordinate and almost unfettered powers of appointment and removal over Icasa and its councillors. Plan X is agreed to. The NA’s carefully crafted Plan Z is dismembered. The NCOP-Ministry Plan X comes back to the NA and here we now have Plan X, and a little bit of Plan Z. So, move over John Le Carré because there is a political thriller waiting in the wings, if this ever gets to the Constitutional Court.
Icasa is a body that sits firmly in section 192 of the Constitution and Icasa cannot be subject to the law in this way. We can only hope the President applies his mind and requests us to further apply ours. This alphabet-soup Bill is a travesty, which the IFP opposes. Thank you. [Applause.]
Dr P W A MULDER: Agb Adjunkspeaker, die Portefeuljekomitee oor Kommunikasie was een van die deurlopende komitees, omdat dit hoofsaaklik met tegniese aspekte handel en met ‘n tegniese bril volgens meriete kyk na die meeste sake. Dít maak dit ‘n plesier om deel te wees hiervan ten einde Suid-Afrika by ‘n moderne, nuwe tegniese wêreld uit te bring. Die laaste jaar of twee het daar al meer alarms begin afgaan dat die komitee ook misbruik word in terme van politiek, en opdragte kry van bo af om sekere goed deur te voer.
Ons het dit ervaar met die aanstelling van die SAUK-raad waar ons in die verlede baie moeite gedoen het om ‘n week lank onderhoude te voer en moeite gedoen het om uiteindelik die beste span te kry en met onderhandelinge kompromieë aangegaan het. In die laaste ruk word name net geforseer van ‘n kant af en ek het myself uitgespreek en gesê dat ek nie my tyd kan mors om ‘n week lank daar te sit, met meriete te oordeel en uiteindelik het dit geen effek nie. Dit is jammer dat die komitee so aangewend word.
Hierdie wetsontwerp het nou gebeur, en ongelukkig is dit dieselfde soort situasie waarin kompromieë bereik is, en uiteindelik word dit op dié wyse net tot niet gemaak. Die VF Plus sal teen dié wetsontwerp stem. (Translation of Afrikaans declaration of vote follows.)
[Dr P W A MULDER: Hon Deputy Speaker, the Portfolio Committee on Communications was one of the ongoing committees, because it deals mainly with technical aspects and looks at most matters from a technical perspective, according to merit, and this makes it a pleasure to be part of it in order to bring South Africa to a modern, new technical world. The past year or two more and more alarm bells have started to ring, however, indicating that the committee is also being abused in terms of politics, and receives orders from above to pass some things.
We experienced this with the appointment of the SABC board where in the past we went to a lot of trouble to carry out interviews for a week and took trouble to get the best team eventually and to reach compromises through negotiations. Lately names are simply being forced in, and I expressed concern in this regard, saying that I cannot waste my time sitting there for a week, adjudicating according to merit while in the end it has no effect. It is a pity that this committee is being used in this way.
This Bill has now become reality, and unfortunately it is the same type of situation in which compromises were reached, and eventually they are brought to nought in this way. The FF Plus will vote against this Bill.]
Mr I S MFUNDISI: Deputy Speaker and hon members, it is unfortunate that the voice of the electorate is systematically being silenced by giving the Minister powers to appoint a panel of people of her choice, including two of our colleagues, to the Independent Communications Authority of SA. The Portfolio Committee on Communications is being rendered redundant, thus denying the elected members of Parliament, who represent their constituencies, to do what they as representatives of the people desire for their constituencies, that is: interview, select and recommend members of Icasa to the President.
It is a travesty of justice to give powers to one person, the Minister, to perform a function meant for 400 members of Parliament. The argument that the process via the portfolio committee is cumbersome is baseless as it is thorough, transparent and representative of elected representatives of the people of this country.
It is very interesting to imagine whether the procedure sought to place members in the Authority will keep them within the call of the Minister all the time. The procedures laid down are meant to serve as checks and balances for the final appointment of the members of the Authority.
We have to guard against the benign authoritarian approach that flies in the face of democratic principles under the guise of expediency. The UCDP does not support the proposed amendments to the Independent Communications Authority of South Africa Amendment Bill. I thank you. [Applause.]
Mr G G OLIPHANT: Deputy Speaker, the ANC supports the Icasa Amendment Bill as proposed by the NCOP, with the necessary modifications to bring it in line with its intended objectives. If I were not the last speaker here I would have reminded the DA to respect the work of the NCOP, and also to make it their duty to attend committee meetings in the NCOP if they are called to do so, because recent experience shows that they were not even participating in this process.
Other members who have come here to oppose these amendments are doing this under an incorrect perspective and perception. The independence of Icasa is fully provided for in the law that we passed in this Parliament, and there are criteria that spell out that independence. So, to come and shoot it down here under any other constitutional pretext as if it is unconstitutional is also incorrect.
The committee met yesterday to carefully consider these amendments and agreed to reinstate the role of the NA to approve prospective councillors following recommendations by the Minister. So, that power is not taken away. We are further satisfied that the independent selection panel, as envisaged in the Bill, will be capable of choosing suitable candidates for the Icasa council following clear procedures that are provided for in this Bill. Some of the members who are participating in this House today have never set a foot, or discussed this matter, in the committee. Some of them don’t really know what they are talking about.
On the matter relating to the removal from office of councillors, the Bill provides for a performance evaluation panel to execute that function and to make recommendations to the Minister, should such a need arise. The Bill clearly stipulates what constitutes non-performance in respect of councillors. Therefore those who do the work for which they have been appointed will have no need to worry or be concerned. However, those who just hang their jackets and do not perform their duties have every reason to be concerned.
The ANC supports this Bill and we therefore recommend that the House approve it. Enjoy the festive season and have a prosperous New Year. Thank you very much. [Applause.]
Division demanded.
Question put: That the Bill, as amended by the Committee, be passed.
The House divided.
AYES-214: Abram, S; Ainslie, A R; Anthony, T G; Arendse, J D; Asiya, S
E; Baloyi, M R; Bapela, K O; Benjamin, J; Beukman, F; Bhamjee, Y S;
Bhengu, F; Bhengu, P; Bloem, D V; Blose, H M; Bogopane-Zulu, H I;
Bonhomme, T J; Booi, M S; Botha, N G W; Burgess, C V; Cachalia, I M;
Carrim, Y I; Cele, M A; Chalmers, J; Chauke, H P; Chikunga, L S;
Combrinck, J J; Cronin, J P; Cwele, S C; Dambuza, B N; Diale, L N;
Dikgacwi, M M; Direko, I W; Dithebe, S L; Dodovu, T S; Doidge`, G Q M;
du Toit, D C ; Fihla, N B; Frolick, C T; Fubbs , J L; Gabela, L S; Gaum,
A H; Gcwabaza, N E ; George, M E; Gerber, P A; Gogotya, N J; Gololo, C
L; Goniwe, M T; Greyling, C H F; Gumede, D M; Gumede, M M; Gxowa, N B;
Hanekom, D A; Hendrickse, P; Holomisa, S P; Huang, S; Jacobus, L ;
Johnson, C B; Johnson, M; Kalako, M U; Kasienyane, O R; Kati, Z J;
Khoarai, L P; Kholwane, S E; Khumalo, K K; Khumalo, K M; Khumalo, M S;
Komphela, B M; Kondlo, N C; Kota, Z A; Kotwal, Z; Landers, L T;
Lekgetho, G; Lishivha, T E; Louw, J T; Louw, S K; Ludwabe, C I; Luthuli,
A N; Maake, J J; Mabena, D C; Madasa, Z L; Madella, A F; Maduma , L D;
Madumise, M M; Magwanishe, G B; Mahomed, F; Mahote, S; Maine, M S; Maja,
S J; Makasi, X C; Makgate, M W; Malahlela, M J; Maloney, L; Maloyi, P D
N; Maluleke, D K; Manana, M N S; Maserumule, F T; Mashangoane, P R;
Mashiane, L M; Mashigo, R J; Mashile, B L; Masutha, T M; Mathebe, P M;
Mathibela, N F; Matlala, M H; Matsemela, M L; Matsepe-Casaburri, I F;
Maunye, M M; Mayatula, S M; Mbombo, N D; Mentor, M P; Meruti, M V;
Mgabadeli, H C; Mkhize, Z S; Mkongi, B M; Mlangeni, A; Mngomezulu, G P;
Mnguni, B A; Mnyandu, B J; Moatshe, M S; Modisenyane, L J; Mofokeng, T
R; Mogale, O M; Mogase, I D; Mohamed, I J; Mokoena, A D; Mokoto, N R;
Moloto, K A; Monareng, O E; Montsitsi, S D; Moonsamy, K; Morutoa, M R;
Morwamoche, K W; Mosala, B G; Moss, L N; Moss, M I; Motubatse-
Hounkpatin, S D; Mshudulu, S A; Mthembu, B; Mthethwa, E N; Mtshali, E;
Mzondeki, M J G; Ndou, R S; Ndzanga, R A; Nene, N M; Newhoudt-Druchen, W
S; Ngaleka, E; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngculu, L V
J; Ngele, N J; Ngwenya, M L; Ngwenya, W; Nhlengethwa, D G; Njobe, M A A;
Nkem-Abonta, E; Nkuna, C; Nogumla, R Z; Nonkonyana, M; Ntuli, M M;
Ntuli, R S; Ntuli, S B; Nwamitwa-Shilubana, T L P; Nxumalo, M D;
Nxumalo, S N ; Nzimande, L P M; Olifant, D A A; Oliphant, G G;
Oosthuizen, G C; Padayachie, R L; Phadagi, M G; Phungula, J P; Pieterse,
R D; Radebe, B A; Rajbally, S; Ramakaba-Lesiea, M M; Ramgobin, M;
Ramodibe, D M; Ramotsamai, C P M; Ramphele, T D H; Reid, L R R; Rwexana,
S P; Scheemann, G D; Schippers, J; Schoeman, E A; Sekgobela, P S;
September , C C; Shabangu, S; Sibande, M P; Sibanyoni, J B; Sikakane, M
R; Skhosana, W M; Smith , V G; Solo, B M; Sonto, M R; Sosibo, J E;
Sotyu, M M; Surty, M E; Thomson, B; Tinto, B; Tobias, T V; Tolo, L J;
Tsenoli, S L; Tshivhase, T J; Tshwete, P; Turok, B; Van der Heever, R P
Z; van Schalkwyk, M C J; Van Wyk, Annelizé; Vundisa, S S; Xolo, E T;
Yengeni, L E; Zita, L; Zulu, B Z.
NOES-53: Bekker, H J; Blanché, J P I; Botha, C-S; Cupido, H B ; Delport,
J T; Dlhamini, B W; Doman, W P; Farrow, S B; Gibson, D H M; Godi, N T;
Gore, V C; Green, L M; Greyling, L W; Groenewald, P J; Kalyan, S V;
King, R J; Kohler-Barnard, D; Lowe, C M; Lucas, E J; Mars, I; Masango, S
J; Mfundisi, I S; Minnie, K J; Morgan , G R; Mpontshane, A M; Mulder, P
W A; Ndlovu, V B; Nefolovhodwe, P J; Pule, B E; Rabie, P J; Rabinowitz,
R; Roopnarain, U; Sayedali-Shah, M R; Schmidt, H C; Selfe, J; Seremane,
W J; Sibuyana, M W; Simmons, S; Skosana, M B; Smith, P F; Smuts, M;
Steyn, A C; Swart, M; Swart, P S; Swathe, M M; Trent, E W; Van der Walt,
D; van Dyk, S M; Vezi, T E; Vos, S C; Weber, H; Zikalala, C N; Zulu, N
E.
ABSTAIN-3: Bici, J; Nkabinde, N C; Sigcau, Sylvia N.
Question agreed to.
Bill accordingly passed. The DEPUTY SPEAKER: Hon members, from the Speaker and all the presiding officers we wish to thank you for your co-operation. We wish to thank all party leaders and Chief Whips, members of the executive, all Whips and chairs of committees, all members, Table staff and all staff of Parliament, and your families. May you be protected during this time. Try to rest – I know resting is very difficult – and we will also during this period send you a reminder of the benefits that you are still not using from Parmed. You need those massages; you need all those kinds of things to get you back into shape because you are very tired. If I am this tired, you are ten times more tired.
We also want to wish you all a good holiday and say to those who are travelling to be safe on the roads, and we hope that we will all have a happy New Year. And just to remind you, next year is full of lots and lots of activities. Try by all means to be as healthy as possible because if 2005 was demanding - you must know that, in fact, 2005 was a picnic – 2006 has a lot of work.
Those of us who are not as fortunate as some others will be staying in Cape Town up until New Year’s eve possibly. We will be operating the Speaker’s Office; it will be running. I am on duty as from tomorrow – I will still be here - if there are any other things that you think we could help with to make your work more manageable, we are here. If you don’t find us in the offices we are just an e-mail or a telephone call away.
We wish you all the best. We have come to the last session of the year. This was a session of many divisions and as a democratic country we need to understand that when divisions are called for we need to respect them and I think we have all learnt a lot from our own parties and from other parties, and from the presiding officers.
I also want to give thanks, in absentia, to the Speaker for her leadership and her guidance at all times. She’s hard at work. She is in Tanzania doing parliamentary work and, as I said to you, we are not fortunate with recess periods; we stay here until such time that we can take leave. So, please go out into the country as hon members and know that we have all the confidence in you and we know that you have always carried yourself with dignity and we have now come to the end of the 2005 plenaries. The House is adjourned. Fare thee well. [Applause.]
The House adjourned at 15:21. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
ANNOUNCEMENTS:
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Bills passed by Houses – to be submitted to President for assent
(1) Bills passed by National Assembly on 14 December 2005:
i) Precious Metals Bill [B 30D – 2005] (National Assembly – sec
75).
ii) Independent Communications Authority of South Africa
Amendment Bill [B 32D – 2005 (Reprint)] (National Assembly –
sec 75).
iii) Children’s Bill [B 70B and B 70C – 2003] (National Assembly –
sec 75).
iv) Nursing Bill [B 26D – 2005] (National Assembly – sec 75).
(2) Bills passed by National Council of Provinces on 14 December
2005:
i) Constitution Twelfth Amendment Bill [B 33B – 2005] (National
Assembly – sec 74).
ii) Cross-boundary Municipalities Laws Repeal and Related Matters
Bill [B 36B - 2005] (National Assembly – sec 75).
TABLINGS:
National Assembly and National Council of Provinces
-
The Minister of Safety and Security
a) Proclamation No R.51 published in Government Gazette No 28039 dated 23 September 2005: Notification by President in respect of entities identified by the United Nations Security Council in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related activities Act, 2004 (Act No 33 of 2004).
b) Proclamation No R.57 published in Government Gazette No 28136 dated 14 October 2005: Notification by President in respect of entities identified by the United Nations Security Council in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related activities Act, 2004 (Act No 33 of 2004).
-
The Minister for Justice and Constitutional Development
a) Report on the provisional suspension from office with remuneration: Mr M K Chauke, an additional magistrate at the Pretoria Magistrate’s Court.
National Assembly
-
The Speaker
a) Request from the Deputy Minister for Justice and Constitutional Development for the National Assembly, in terms of section 193(5) of the Constitution, to recommend four candidates from the nominations submitted for appointment by the President to the Commission on Gender Equality.
Referred to the Ad Hoc Committee on nomination of persons to fill vacancies on the Commission on Gender Equality for consideration and report.
b) Letter from the Minister of Trade and Industry dated 22 November 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 Reports of the Trade and Investment South Africa, National Empowerment Fund and the Estate Agents for 2004-2005: LATE TABLING OF THE TRADE AND INVESTMENT SOUTH AFRICA, NATIONAL EMPOWERMENT FUND AND THE ESTATE AGENTS ANNUAL REPORT 2004/2005
As required in terms of section 65(1)(a) of the PFMA Act, I am writing to provide reasons for the late submission of the National Empowerment Fund, Trade and Investment South Africa and Estate Agents Annual Reports and Financial Statements.
In respect of the National Empowerment Fund, Cabinet recently appointed a new Chief Executive Officer. Upon assuming her new responsibilities, the Chief Executive Officer needed more time to familiarize herself with the contents of the NEF’s financial statements to ensure that the legislature receives a report of the highest quality.
The initial printing of the Trade and Investment South Africa’s Annual Report had to be abandoned as a result of poor quality. Consequently the Annual Report did not meet the deadline.
At the time of going into print, content errors were found in the Estate Agents Annual Report, necessitating a re-edit.
I hope you understand that these were unforeseen problems but I have nevertheless requested that in future, the production project plans for these documents allow for more time and hence greater flexibility when such problems occur.
Please accept my sincere apologies. Yours sincerely
Mandisi Mpahlwa, MP Minister of Trade and Industry