National Council of Provinces - 17 January 2005

MONDAY, 17 JANUARY 2005 __

          PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES

                                ____

The Council met at 14:00.

The Honourable Chief Justice of South Africa, Justice A Chaskalson, took the Chair and requested members to observe a moment of silence for prayers or meditation.

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

  ELECTION OF THE CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES

The Chief Justice announced the appointment of Mr Z A Dingani as Returning Officer, and as Assistant Returning Officers, Ms L L Matyolo, Mr B V L Momoti, Ms J Niekerk and Mr B N Nonyane.

The Chief Justice reminded members that nominations had to be submitted in the prescribed form and duly seconded.

The Chief Justice informed members that in terms of item 4 Part A of Schedule 3 to the Constitution no debate would be allowed.

The Chief Justice called for nominations.

Mr Victor Vusumuzi Zibuthe Windvoël, seconded by Ms Elizabeth Dipuo Peters, nominated Mr Mninwa Johannes Mahlangu for election as Chairperson of the National Council of Provinces.

The Returning Officer reported to the Chief Justice that the nomination paper had been properly completed.

There being no further nominations, the Chief Justice declared Mr Mninwa Johannes Mahlangu properly elected as Chairperson of the NCOP.

The PREMIER OF THE NORTH WEST (Ms E Molewa): Hon Chief Justice, hon members, I rise to speak on behalf of the ANC, and I suppose that I will also be speaking on behalf of all the members present here. I do not think they will oppose that in support of the nomination of hon M J Mahlangu as our new Chairperson of the National Council of Provinces.

I really do so with great pride, but before I do so, I would like to begin by paying tribute to the former Chairperson of this House, the late hon Joyce Kgoali, while in the same vein I would like to formally convey our condolences to her family and all those who knew her, all those of us who worked with her. We know that she led this House with great dignity and ability. I now think, hon members, that it is time that we really reflect on our new Chairperson. We can also be thankful, once again, that the ANC, as the ruling party, and all of us as members here today, have agreed and resolved yet again to elect a very capable person to lead this august House as a Chairperson. He is a very capable person; a leader indeed, whom we know has having great and vast experience.

Hon M J Mahlangu is today, hon members, the new Chairperson of the NCOP. He has been elected here today at this sitting of the NCOP. Mr Mahlangu has been the permanent Deputy Chairperson of the NCOP since joining the NCOP in 2002, when he came from the National Assembly, where he had served since

  1. He was one of the first public representatives to join the first South African democratic Parliament in 1994 and he represented the ANC there.

After the 1999 elections he served as Chairperson of Committees in the National Assembly, and from 1994 to 2002 he was a member of a number of committees in the National Assembly, and these include the Parliamentary Oversight and Accountability Committee, the Constitutional Committee and the Joint Rules Committee on Budget Committees.

He also co-chaired Parliament’s Internal Arrangements Committee. He was also actively involved in the negotiations during the transitional period and in the period leading up to the adoption of the Constitution. Amongst other things, he chaired the core group of the theme committee of the Constitutional Assembly, and the theme committee on structures of government.

May I also say that I personally know that he served us very well, because I worked with him in that theme committee. He really was very, very good – a leader.

We are very blessed to have a leader of this nature. We know that the former Chairperson of this House would have loved to see this House being actively involved, all of us being amongst the people out there, and we are very confident that hon M J Mahlangu will lead us into those communities to do our work as we know that we have to continue to do our work of fighting poverty, eradicating poverty, fighting underdevelopment and ensuring that jobs are created. Our people deserve a good life.

We have seen him to be highly exemplary in the past and we are very confident that this House will continue to redefine its place. We belong amongst the people as representatives of the people.

So, thank you very much. I think that we can, once again, be thankful that he has been elected. We, as the ANC, support his election. Thank you very much. [Applause.]

Ms D ROBINSON: Hon members, this comes as somewhat of a surprise, as I thought it would be the hon Watson performing this role, but I would like, on behalf of the DA, to convey our congratulations to hon Mahlangu. We have experienced his chairmanship already, and he has acquitted himself well.

We convey to you our good wishes. May you be blessed in your role. Thank you. [Applause.]

Mr J O TLHAGALE: Hon Chief Justice, hon Premiers present and hon members of this House, I also want to join my colleagues who have spoken earlier in congratulating the hon Mr Mahlangu on his election as the Chairperson of the NCOP. We have no doubt that he will be able to lead this House as best he can. It would appear that henceforth this House is going to venture into new terrains in terms of what the President has said recently, but we have no doubt that Mr Mahlangu will be able to lead this House to the best of what we intend achieving.

With these few words I would like to congratulate Mr Mahlangu and his party for electing a man of his calibre. Thank you. [Applause.]

Mr K SINCLAIR: Hon Chief Justice, on behalf of the NNP it is indeed a privilege and honour to stand here on this very first sitting of this House. The difficult part of acknowledging the elected chairperson is that you can’t gossip about him because he understands all official languages of our country. [Laughter.] So, in doing that I want to do it in Afrikaans, and say:

Agb mnr Mahlangu, namens die NNP wil ons ons volle ondersteuning vir u gee op die pad waarop u die Nasionale Raad van Provinsies gaan lei. Ons is verheug oor u verkiesing en as vennoot van die ANC wil ons vir u baie sterkte toewens. Ons weet en vertrou dat die pad waarop u ons gaan lei in hierdie jaar voorspoedig sal wees. Dit sal wees om ons baie edel visie, Visie 2009, uit te voer, en die NNP sal dit met u deel. Ek dank u. [Applous.] (Translation of Afrikaans paragraph follows.)

[Hon Mr Mahlangu, on behalf of the NNP we would like to give you our full support on the road along which you are going to lead the National Council of Provinces. We are delighted with your election, and as partner of the ANC we wish you all the best. We know and trust that the road along which you are going to lead us will be prosperous this year. It would be to give effect to our very noble vision, Vision 2009, and the NNP will share it with you. I thank you. [Applause.]]

Ms A N D QIKANI: Hon Chief Justice … Baba Mahlangu, I-UDM iyakucongratulata kakhulu ikubonile ezeDeputy Chairperson indlela obusebenza ngayo. Ithi ithatha apho umam’uKgoali ayeke khona. Ithi uqine womelele. Enkosi. [Kwaqhwatywa.] [Mr Mahlangu, the UDM congratulates you heartily and have observed the way you worked as the Deputy Chairperson of the NCOP. We say pick up where the late Ms Kgoali left off. Be strong. Thank you. [Applause.]]

The CHIEF JUSTICE: those are the comments on behalf of the parties represented in this honourable House and it is time now for me to vacate the Chair and to request the hon the Chairperson of the National Council of Provinces to assume the Chair of this House. [Applause.]

The Usher conducted the Chairperson to the Chair and placed the Black Rod in position at the Chair.

The CHAIRPERSON OF THE NCOP: We have already prayed, we can sit down.

The CHIEF WHIP OF THE COUNCIL: Chairperson, I plead for your indulgence because there has been consultation with all the other parties with regard to the item we have just passed in terms of whether they would like to say a word of congratulation to you. Up to the minute I came into this House my office hadn’t received any indication from parties like the ID and IFP, but I have since been informed that they would also like to say a word or two. I leave to you to make a ruling whether we can allow them to do so, so that it does not create the impression that there was any intention to exclude them. My view, as the Chief Whip of this Council, is that in the spirit of participatory democracy we just allow them a minute each just to say a few words. Thank you, Chairperson.

The CHAIRPERSON OF THE NCOP: Should I call the Chief Justice back? [Laughter.] I now offer this opportunity to the IFP.

Mrs J N VILAKAZI: Hon Chairperson, hon members and colleagues, I am very sorry that this process omitted us. We didn’t know about the whole procedure. Well, I don’t know what happened. But I would like to say thank you very much for the opportunity you are offering us because as we have been working with Mr Mahlangu for as long a time as we did with our late chairperson, we definitely would like to say something.

We associate ourselves with the sentiments of all colleagues, parties, who have expressed their gratitude to the election of our dear colleague here, Mr Mahlangu. You have been in these boots for a long time and I pray that God be with you and that he would give you strength, wisdom and power to lead such an august House. The NCOP is not a very light House, it’s a very heavy House. It’s only the Almighty God who will enable you to lead successfully.

Siyabonga futhi siyamdumisa uNkulunklu ngokukhethwa kwakhe. Umunwe omkhombile ubumfanele ngempela ngoba usehlalile kulesi sikhundla kungelula, kodwa ngamandla kaNkulunkulu simbona emile futhi siyethemba ukuthi uzosihola kahle, sibambisane naye, sisebenzisane kahle ngokuthula siphinde sibhekele abantu abasikhethile ukuthi sibe lapha. Ngiyabonga. [Ihlombe.] (Translation of isiZulu paragraph follows.)

[Thank you, we also thank God for his election. The finger that pointed him out was indeed right, because he has occupied this position for so long, though it has not been easy. Through God’s strength he stands and we hope that he would lead us well, that we would work together peacefully with him and serve the interests of the people who elected us to be here. Thank you. [Applause.]]

Rev E ADOLPH: Hon Chief Justice, hon newly elected Chairperson, thank you very much for this opportunity. Maybe you thought I have lost my identity and that the ID lost its identity in the whole process. [Laughter.]

On behalf of the ID I would like to congratulate you on this distinguished appointment. For the past ten months we have been working together and what came through to me as an individual and as team of the NCOP is the fact that you are a very humble person. I really like and appreciate your leadership style – that of developmental leadership which we so desperately need in South Africa. I want to give you and the NCOP Vision 2009 the full support to make this House a People’s Parliament – that you will make it a dream come true through your capable leadership.

We are fortunate that we have a person like you to lead this House with such diverse backgrounds and political affiliations, and, of course, to lead us as a team. And I call on each and every member in this House, to support this Chairperson and his Deputy and work together for the betterment of South Africa. I thank you. [Applause.]

Mr S W MXOLOSE (Salga): Chairperson, His Worship Chief Justice, the Premiers of our Republic, MECs of the provincial governments, special delegates, comrades and ladies and gentlemen, on behalf of our chairperson, the Executive Mayor of Johannesburg, Councillor Amos Masondo, and members of the National Executive Committee of Salga, we wish to congratulate you, Chairperson.

Hardly a year since you stood here in this podium to congratulate our late chairperson, Ms Joyce Kgoali, we meet again to congratulate her successor. Our congratulations are therefore extended to the newly elected chairperson, Mr M J Mahlangu. We are certain that we give you all the support that this House needs. And Salga has made an undertaking to support all the initiatives that are taken by our government as a collective to eradicate poverty in our country.

Chairperson, once more, I wish to thank you on behalf of our organised local government. Thank you very much. [Applause.]

                 ADDRESS BY CHAIRPERSON OF THE NCOP

The CHAIRPERSON OF THE NCOP: Thank you very much. I think everybody has had a chance to say something. I am guided by the Secretary that I should also say something. Do you agree? [Interjections.] I see.

Ngithanda ukuthoma ngokuthi ngiyanilotjhisa noke enyakeni omutjha ka-2005. Ngithanda ukuthi kini uZimu uyikakaramba engahlulwa lilitho, uZimu ungusomandla akehlulwa lilitho. Nasiragela phambili ngomberego wethu emnyakeni ka-2005 ingathi le kakaramba engikhuluma ngayo engusomandla ingaba nani noke kileNdlu ehloniphekileko yeSibethamthetho se-NCOP. Ngikutjho lokho ngoba sinomberego omnengi phambi kwethu kilomnyaka, ayikho ikomo ezodosa kabulula, nazibotjhelweko zidosa zoke azehlulwa lilitho. (Translation of isiNdebele paragraph follows.)

[Firstly I would like to greet you all in this new year of 2005. I would like to say to you that God is Almighty, who never fails; God is omnipotent, he never fails. While we proceed with our duties in the year 2005, I wish that this Almighty God I’m talking about, who is omnipotent, would be with all of you in this honourable House of the NCOP. I’m saying this because we have a lot of work ahead of us this year. No one’s work will be easy, but if we pull together we will fail at nothing.]

Chief Justice, Premiers, Speakers, Deputy Speakers, permanent delegates and special delegates, I feel highly honoured and heavily indebted to the members of this House for the confidence that they have shown in me and expressed this afternoon by electing me to lead the House of the National Council of Provinces.

I must say that I am very humbled. You will be aware that all former Chairpersons have led this House with great distinction, great loyalty, sacrifice, determination and devotion, and that is where this House is today. Perhaps you are aware that I am stepping into the shoes of a great leader who has just passed on. It’s going to be very difficult for me to fill those shoes. But with this teamwork, I can’t fail. I know you are there to support not only me, but also this institution. I think that’s the crux of the matter. [Applause.]

With your support, I pledge to continue the work that this House is tasked with and ensure that the goals that we have set ourselves for this term of our Parliament are met. As I indicated when we rose last year - some of you who were here will remember - we have a very busy year ahead of us this year. This is the year in which we must ensure that the work that is contained in our programme of action for 2009 is carried out, and I mean it. That’s why all of us must pull up our socks.

In that programme of action, we committed ourselves to intensifying our oversight work. And that’s precisely what we are going to do. We said that by 2009 we must have improved on this role to such an extent that it must have reached a target of 70% of our work in the NCOP. Therefore, in our planning we should make sure that we make available time and resources to carry out this responsibility. Part of this programme of action includes the very important mandate of ensuring that people participate in the affairs of Parliament. This is their Parliament, it’s the people’s Parliament. Therefore we have to make them feel that they are part and parcel of this Parliament.

We will continue to ensure that we improve public involvement in Parliament by ensuring that people across South Africa do have the opportunity to participate. I am very happy that a number of Premiers are here today. I am very happy … [Interjections.] Only women Premiers? Yes, it’s like that and I think I should emphasise it. [Applause.] Thank you for your support. It’s only the women Premiers, I don’t know what happened to the male Premiers. But I am happy that the Premiers are here today, and I emphasise that it is the women Premiers who are here today.

I would like to appeal to you as you go home that the interaction between the NCOP and the provinces should increase; that we must work together; that we must make our people in the provinces, in those small villages, feel our presence, because I believe that is what is important.

I am very happy that so far we have seen all the Premiers in the nine provinces supporting this institution. Perhaps I should emphasise that it is your institution. If you don’t participate as Premiers, and if you don’t make this institution work, it will not work, because this institution represents the interests of the provinces. Without your involvement the institution will not function perfectly, as we want it to function. Therefore, I invite you, as we take up this work in 2005: Let’s join our hands together and move together. We are there to support whatever we should do.

The only way that we can ensure that our people participate in Parliament and through many other ways is by taking Parliament to the people. We are going to the people in March. I will not announce the province today. We will first discuss it in the programming committee and then I will make an announcement soon. We are already preparing for that.

When we took over last year, we pledged ourselves to do a number of things. These include deepening and further consolidating the gains that this House made in the last Parliament, as well as broadening the scope of participation by provincial and local government in determining the national agenda. I am happy that Salga is here. I have already spoken to the chairperson of Salga at national level. We are also going to strengthen that participation with them. A lot of our work in 2005 will have to focus on local government.

We said we should actively contribute to the process of delivery to better the lives of our people by strengthening our oversight function. We will continue to do these things and we will put them high on the agenda. The NCOP is a concrete expression of co-operative governance. I have said this myself in many forums. Therefore, it stands to reason that, as we have done in the past, we should remain key players in the promotion and strengthening of intergovernmental relations.

We occupy an important place in our country because this is where all the spheres of government meet and deliberate on national policy. The national policy will become a key thing that we will often and regularly put on the agenda of the Council for debate, because this is a national forum for debate on these policies. This is a role mandated to this House by the Constitution – if some of us have forgotten.

One of our responsibilities will be to ensure that our committees have capacity to deliver on the work they are supposed to do. Our select committees are the engine of this House. Hence this week we are going to a workshop that will deal with the management of our committees, so that they might improve their way of dealing with the function that lies ahead of them.

I believe that, in order to do their work, members need to have the necessary capacity and skills required. I challenge you, I challenge all of you, to join me, and the new Deputy Chairperson, who will be elected very soon, in ensuring that the work before this House is done and that we improve the quality of what we are doing. If we have to talk, let’s talk for two days and work for three days. Talk little, do much work. The people will realise what we are doing.

I thank my political party that has had the confidence to nominate me to take over this hectic position. But I also want to thank all the political parties that supported my nomination and that supported these elections. I invite you as well: Come, let’s work together, because the NCOP is about catering for the interests of the provinces. Jointly, we are going to do that and we must succeed. We can’t fail. We are elected by the people. We can’t fail those masses of the people who have sent us here. We have to say to them at the end of the day: Your last hope is us. We are better placed; we are in a better position to assist; we can speak on your behalf; we can change your lives. I thank you all. [Applause.]

ELECTION OF THE PERMANENT DEPUTY CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES

The Chairperson called for nominations.

Ms Frances Beatrice Marshoff, seconded by Ms Nosimo Balindlela, nominated Ms Peggy Maud Hollander for election as Permanent Deputy Chairperson of the National Council of Provinces.

The Returning Officer reported to the Chairperson that the nomination paper had been properly completed.

There being no further nominations, the Chairperson declared Ms Peggy Maud Hollander properly elected as Permanent Deputy Chairperson of the National Council of Provinces.

The CHIEF WHIP OF THE COUNCIL: Your Worship the Chief Justice, hon Premiers present here, hon representatives of Salga and hon permanent delegates, it gives me pleasure – but not pressure – to stand here, speaking on behalf of all the provincial delegations and also on behalf of our glorious organisation, the ANC, and also on behalf of the Whippery. [Interjections.] Kgoshi Mokoena even confirmed that I am also speaking on behalf of the chairpersons.

I want to express our profound and sincere words of congratulation to the hon Peggy Maud Hollander on your unanimous election to the position of Permanent Deputy Chairperson of this House. We believe that with your experience as a former MEC for social development in the Northern Cape and subsequently as a Deputy Speaker in that province which is rich with diamonds. You will not be bringing the richness of those diamonds here, but in fact the expertise that you acquired during your tenure in those positions that I have mentioned. On behalf of the above-mentioned institutions and organisations, we believe, as the brand new Chairperson has said, that as a team we will not only maintain the momentum with which we closed, and put into the NCOP, but will also add enhanced participatory democracy. This will increase our oversight in all the departments. I want to believe his worship the Chief Justice that if we as this institution perform oversight over the transformation of the judiciary, no one will say that we are interfering. We will be doing our constitutional duty as the NCOP to perform oversight duties and ensure that transformation in the second decade of our freedom and democracy does go forward.

With these few words we want to wish you, together with the leadership of this institution, hon Mr M J Mahlangu, all the best for 2005. We will be there to support you. If I can put it in the form of a parable: Together with the Chairperson of the NCOP, the Permanent Deputy Chairperson, not forgetting the Rotating Deputy Chairperson, are drivers holding the steering wheel. Where you see that we are moving into darkness, you will switch on the lights. Where you see there is rain, you will switch on the wipers. My office is available as the gearbox and our committees are there as the engine of this NCOP. Let the wheels spin for a better life for all. [Applause.]

               ADDRESS BY PERMANENT DEPUTY CHAIRPERSON

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Hon Chief Justice, our new Chairperson of the NCOP, hon Premiers and hon members of this august House, I am deeply humbled this afternoon by my election. I want to say that without you I would not have been here. Without the Chief Whip and the chairpersons under whom I have served and their leadership given to me, I do not think I would have been here this afternoon as the elected Permanent Deputy Chairperson of the NCOP.

I would like to thank my former mentors – the previous Premier of the Northern Cape and the present Premier of the Northern Cape and all the leadership of the Northern Cape for their inputs and their leadership shown towards me in the past. Sometimes we had our fights and sometimes we did not, but despite that, that is the only way in which we can learn and will be able to learn. I know that I will not be able to fill the shoes of our new chairperson. His shoes are too big for me. I will assist him and do my very best. I want to thank my Almighty God for being with me all the way of my life so far and for leading me and for giving me the wisdom to know what to do in every situation. I thank you. [Applause.]

The Council adjourned at 14:50. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
                                ____


                      FRIDAY, 19 NOVEMBER 2004

ANNOUNCEMENTS

National Assembly and National Council of Provinces

  1. Draft bills submitted in terms of Joint Rule 159
 (1)    Mineral and Energy Laws Amendment Bill, submitted by the
     Minister of Minerals and Energy on 5 November 2004. Referred to
     the Portfolio Committee on Minerals and Energy and the Select
     Committee on Economic and Foreign Affairs.


 (2)    Co-operatives Bill, submitted by the Minister of Trade and
     Industry on 11 November 2004. Referred to the Portfolio Committee
     on Trade and Industry and the Select Committee on Economic and
     Foreign Affairs.

TABLINGS

National Assembly and National Council of Provinces

  1. The Minister for Agriculture and Land Affairs
 (a)    Report and Financial Statements of the South African Veterinary
     Council for 2003-2004, including the Report of the Independent
     Auditors on the Financial Statements for 2003-2004.

 (b)    Annual Financial Statements from the National Agricultural
     Marketing Council on the Statutory Levy Administrators on
     Agricultural Products for 2001-2002 and 2002-2003, including the
     Reports of the Auditor-General and the Independent Auditors on the
     Financial Statements for 2001-2002 and 2002-2003 [RP 1-2004].
  1. The Minister of Transport
 (a)    Report and Financial Statements of Vote 32 - Department of
     Transport for 2003-2004, including the Report of the Auditor-
     General on the Financial Statements of Vote 32 for 2003-2004.

 (b)    Report and Financial Statements of the South African Civil
     Aviation Authority (CAA) for 2003-2004, including the Report of
     the Independent Auditors on the Financial Statements for 2003-2004
     [RP 164-2004].
  1. The Minister for the Public Service and Administration
 (a)    African Union Convention on the Prevention and Combating of
     Corruption, tabled in terms of section 231(2) of the Constitution,
     1996.

 (b)    Explanatory Memorandum to the African Union Convention on the
     Prevention and Combating of Corruption.
  1. The Minister of Trade and Industry
 (a)    Report and Financial Statements of Trade and Investment South
     Africa (TISA) for 2003-2004, including the Report of the
     Independent Auditors on the Financial Statements for 2003-2004 [RP
     164-2004].

 (b)    Report and Financial Statements of the Industrial Development
     Corporation of South Africa Limited (IDC) for the year ended June
     2004, including the Report of the Independent Auditors on the
     Financial Statements for the year ended 2004.

 (c)    Sustainability Report of the Industrial Development Corporation
     of South Africa Limited (IDC) for 2004.

d)    Report and Financial Statements of the Estate Agency Affairs
   Board for 2003-2004,
               including the Report of the Independent Auditors on the Financial Statements for 2003-
  2004.


                     WEDNESDAY, 24 NOVEMBER 2004

ANNOUNCEMENTS

National Assembly and National Council of Provinces

  1. Calling of Joint Sitting of Parliament
 The Speaker of the National Assembly, Ms B Mbete, and the Acting
 Chairperson of the National Council of Provinces, Mr M J Mahlangu, in
 terms of Joint Rule 7(2), have called a joint sitting of the Houses of
 Parliament for Wednesday, 24 November 2004, at 14:00 to pay tribute to
 the late hon Ms Joyce Lesawana Kgoali, Chairperson of the National
 Council of Provinces, who passed away on Sunday, 21 November 2004.
  1. Draft bills submitted in terms of Joint Rule 159
 (1)    Sectional Titles Amendment Bill, submitted by the Minister for
     Agriculture and Land Affairs on 17 November 2004. Referred to the
     Portfolio Committee on Agriculture and Land Affairs and the Select
     Committee on Land and Environmental Affairs.

National Council of Provinces

  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 papers are referred to the Select Committee on
     Finance:


     (a)     Government Notice No R.2458 published in Government
          Gazette No 26945 dated 29 October 2004: Draft Regulations
          published for public comment in terms of the Local Government:
          Municipal Finance Management Act, 2003 (Act No 56 of 2003).

     (b)     Amendment to the exemptions made in Government Notice No
          R1596 published in Government Gazette No 24176 dated 20
          December 2003, under section 74 of the Financial Intelligence
          Centre Act, 2001 (Act No 38 of 2001).

     (c)     Explanatory Memorandum on the second reporting exemption
          in terms of the Financial Intelligence Centre Act, 2001 (Act
          No 38 of 2001).

     (d)     Government Notice No 1156 published in Government Gazette
          No 26866 dated 14 October 2004: Setting out particulars of
          areas demarcated by municipalities of Johannesburg and Cape
          Town, which shall constitute urban development zones, in terms
          of the Income Tax Act, 1962 (Act No 58 of 1962).


 (2)    The following papers are referred to the Select Committee on
     Labour and Public Enterprises:


     (a)     Report and Group Annual Financial Statements of the South
          African Post Office Limited for 2002-2003, including the
          Report of the Independent Auditors on the Group Annual
          Financial Statements for 2002-2003.

     (b)     Report and Group Annual Financial Statements of the South
          African Post Office Limited for 2003-2004, including the
          Report of the Independent Auditors on the Group Annual
          Financial Statements for 2003-2004.


 (3)    The following papers are referred to the Select Committee on
     Security and Constitutional Affairs:


     (a)     Report on the removal from office of Magistrate P P
          Mkalipi on account of his incapacity to carry out his duties
          of office efficiently.

     (b)     Government Notice No R880 published in Government Gazette
          No 26601 dated 23 July 2004: Magistrates' Courts: Amendment of
          the Rules of the Court, in terms of the Rules Board for Courts
          of Law, 1985 (Act No 107 of 1985).


 (4)    The following papers are referred to the Select Committee on
     Security and Constitutional Affairs for consideration and report:


     (a)     Southern African Development Community (SADC) Mutual
          Defence Pact ("the Pact"), tabled in terms of section 231(2)
          of the Constitution, 1996 (Act No 108 of 1996).

     (b)     Explanatory Memorandum on the Southern African Development
          Community (SADC) Mutual Defence Pact ("the Pact").

     (c)     United Nations Optional Protocol to the Convention on the
          Rights of the Child on the Involvement of Children in Armed
          Conflicts, tabled in terms of section 231(2) of the
          Constitution, 1996 (Act No 108 of 1996).

     (d)     Explanatory Memorandum to the United Nations Optional
          Protocol to the Convention on the Rights of the Child on the
          Involvement of Children in Armed Conflicts.


 (5)    The following paper is referred to the Select Committee on
     Public Services:

     Report and Financial Statements of the South African Housing Fund
     for the period ended 31 March 2004, including the Reports of the
     Auditor-General on the Financial Statements for 2003-2004, 2000-
     2003, 1998-2000 and 1994-1998 [RP 154-2004].


                       MONDAY, 17 JANUARY 2005

ANNOUNCEMENTS

National Assembly and National Council of Provinces

  1. Assent by President in respect of Bills
 (1)    Finance Bill [B 13 - 2004] - Act No 26 of 2004 (assented to and
     signed by President on 28 November 2004).
  1. Translations of Bills submitted
 (1)    The Minister of Health


     (i)     Wysigingswetsontwerp op Sterilisasie [W 12 - 2004]
          (National Council of Provinces - sec 76)

     This is the official translation into Afrikaans of the
     Sterilisation Amendment Bill [B 12 - 2004] (National Council of
     Provinces - sec 76).

TABLINGS

National Assembly and National Council of Provinces

  1. The Speaker and Chairperson
 (a)    Activity Report of the Auditor-General for 2003-2004 [RP 211-
     2004].

 (b)    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].

 (c)    General Report of the Auditor-General on the Audit Outcome for
     2003-2004 [RP 210-2004].
  1. The Minister of Finance
 (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].

 (c)    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).

 (d)    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).

 (e)    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).

 (f)    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).

 (g)    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).
  1. The Minister of Water Affairs and Forestry
 (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.
  1. The Minister of Environmental Affairs and Tourism
 (a)    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.


 (b)    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].

 (c)    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].

 (d)    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 toothfish
     (Dissostichus SPP), tabled in terms of the Marine Living Resources
     Act, 1998 (Act No 18 of 1998).
  1. The Minister of Public Enterprises
 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.

National Council of Provinces

  1. The Chairperson
 (a)    The following statement has been submitted to the National
     Council of Provinces by the MEC for Local Government, Housing and
     Traditional Affairs in KwaZulu-Natal in terms of section 106(3) of
     the Local Government: Municipal Systems Act, 2000 (Act No 32 of
     2000).

     Investigation at the Umzinyathi District Municipality

     The statement is referred to the Select Committee on Local
     Government and Administration.

     Copies of the statement are available from the office of the Clerk
     of Papers.


 (b)    Notice received from the MEC for Local Government and Housing in
     the Free State Province regarding the intervention in the Moqhaka
     and Phumelela Local Municipality in terms of section 139(1)(b) of
     the Constitution of the Republic of South Africa, 1996 (Act No 108
     of 1996).

     The notice is referred to the Select Committee on Local Government
     and Administration for consideration and report.

     Copies of the notice are available from the office of the Clerk of
     Papers.


 (c)    Close-out report of the MEC for Housing, Local Government and
     Traditional Affairs in the Eastern Cape to the National Council of
     Provinces - Intervention by the Provincial Government into the
     affairs of the Quakeni Local Municipality in terms of the
     Constitution of the Republic of South Africa, 1996 (Act No 108 of
     1996).

     The report is referred to the Select Committee on Local Government
     and Administration.

     Copies of the report are available from the office of the Clerk of
     Papers.


 (d)    The President of the Republic submitted the following letter
     dated 26 November 2004 to the Acting Chairperson of the National
     Council of Provinces informing Members of the Council of the
     employment of a member of the South African National Defence
     Force:

     EMPLOYMENT OF A MEMBER OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE
     IN FULFILLMENT OF THE INTERNATIONAL OBLIGATIONS OF THE REPUBLIC OF
     SOUTH AFRICA TOWARDS THE GOVERNMENT OF MOZAMBIQUE

     This serves to inform the National Council of Provinces that I
     authorised the employment of a member of the South African
     National Defence Force (SANDF) to the Republic of Mozambique as
     part of the Southern African Development Community Electoral
     Observer Mission in fulfillment of the obligations of the Republic
     of South Africa towards Mozambique during the forthcoming
     elections in Mozambique.

     This employment was authorised in accordance with the provisions
     of section 201(2)(c) of the Constitution of the Republic of South
     Africa, 1996 (Act No 108 of 1996), read with section 93 of the
     Defence Act, 2002 (Act No 42 of 2002).

     One person will be employed from 24 November 2004 to 4 December
     2004.

     The total cost of the deployment is R 17 233, 00 will be funded
     from the Department of Defence's current allocation for the Joint
     Operations Division.

     I will communicate this report to the Members of the National
     Assembly and the Chairperson of the Joint Standing Committee on
     Defence, and wish to request that you bring the contents hereof to
     the notice of the National Council of Provinces.

     Regards

     SIGNED
     T M MBEKI