TUESDAY, 12 SEPTEMBER 2006

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                PROCEEDINGS OF THE NATIONAL ASSEMBLY

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The House met at 14:02.

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

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

                          NOTICES OF MOTION

Mr L W GREYLING: Chair, I hereby give notice that I shall move at the next sitting day of the House:

That the House-

notes that-

 1) ID president, Patricia de Lille, is the only South African
    parliamentarian invited by the UN Secretary-General, Kofi Annan, to
    attend a session convened by the United Nations Millennium Project
    and Columbia University’s Earth Institute;
 2) the September 17 meeting is a high-level meeting for examining
    global civil society’s participation in the implementation of the
    Millennium Development Goals, the world’s shared commitment to the
    fight against extreme poverty, hunger, disease and environmental
    degradation; and


 3) she will represent South Africa in an honest manner and will
    acknowledge both our achievements and failures.

The CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, did we hear any suggestion for a discussion on this motion? It seems I have missed it.

The HOUSE CHAIRPERSON (Mr G Q M Doidge): Is the member clear that this is a notice of motion? Is that how you understood it? It is a notice. He is giving notice.

The CHIEF WHIP OF THE MAJORITY PARTY: It sounds like a statement to me.

The HOUSE CHAIRPERSON (Mr G Q M Doidge): Yes, but I am sure the Table will look at the content thereof and advise him accordingly.

PRECEDENCE TO SECOND MOTION ON THE ORDER PAPER, AND THEREAFTER TO FIRST ORDER OF THE DAY

                         (Draft Resolution)

The CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move without notice:

That -

 1) precedence be given to the second motion on the Order Paper in the
    name of Mr D H M Gibson, and that the Speaker be granted an
    opportunity to make a statement immediately thereafter; and


 2) after the statement by the Speaker, precedence be given to the
    first Order of the Day, which concerns the Filling of Vacancies on
    the Independent Communications Authority of South Africa (Icasa)
    Council.

Agreed to.

                        MOTION OF CONDOLENCE


                    (The late Ms Hilda Bernstein)

The CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move without notice:

That the House –

 1) notes with shock and profound sadness the passing away of Ms Hilda
    Bernstein on Friday, 8 September 2006;


 2) further notes that Ms Bernstein was a member of the South African
    Labour Party League of Youth until 1940 and in the same year joined
    the Communist Party of South Africa;


 3) recalls that -


    (a)      Hilda was a member of the Johannesburg City Council from
         1940 to 1946;


    (b)      she was the first member of the Communist Party of South
         Africa to be elected as a public representative by an all-
         white electorate;


    (c)      she was a founder member of the first non-racial women’s
         organisation in South Africa, the Federation of South African
         Women; and


    (d)      she was also one of the organisers of the historic Women’s
         March of 9 August 1956;


 4) further recalls that in June 2004 she was awarded the Luthuli
    Silver Award by our democratic government in recognition of her
    contribution to the struggle against apartheid;


 5) acknowledges the great contribution that Hilda made as an activist
    and a great writer; and


 6) conveys its condolences to the Bernstein and Bermar families, her
    children and grandchildren, the African National Congress and the
    South African Communist Party.

Agreed to.

DURBAN WINS BID TO HOST THE INTERNATIONAL PARALYMPICS COMMITTEE’S SWIMMING WORLD CHAMPIONSHIP

                         (Draft Resolution)

Mr R B BHOOLA: Chairperson, I move without notice:

That the House –

 1) notes with excitement Durban’s win of the bid to host the
    International Paralympics Committee’s Swimming World Championship
    from 2 to 5 December 2006;


 2) further notes that the event is set to bring 600 swimmers and 265
    officials from 60 countries to South Africa;


 3) recalls that South Africa came 19th out of 53 countries at the 2002
    championships held in Argentina, with three gold and two silver
    medals;


 4) acknowledges the strong partnership between Disability Sport South
    Africa, Swimming South Africa, the eThekwini Municipality and the
    major sponsor, Telkom, for making this bid successful; and


 5) conveys its congratulations and excitement on this auspicious event
    and wishes all contestants the best of luck and heartfelt South
    African support.

Agreed to.

                         CONDUCT OF SPEAKER


                         (Draft Resolution)

The CHIEF WHIP OF THE OPPOSITION: Chairperson, I move

That the House –

 1) expresses its dismay at the fact that the Speaker, the Hon Baleka
    Mbete, made a public spectacle of herself outside Pollsmoor Prison
    while demonstrating her support for the convicted fraudster, Mr
    Tony Yengeni;


 2) notes that, instead of choosing to uphold the dignity and the
    importance of Parliament as the representative body of all our
    people, the Speaker chose to put her personal and party friendships
    before duty; and


 3) further notes that, in so doing, she diminished Parliament and the
    Office of the Speaker because she signalled that Mr Yengeni’s
    defrauding of the public, his failure to comply with his
    parliamentary duties and obligations, his abuse of the courtesy
    extended to him by the previous Speaker to make a public statement
    in the House and his untruthful and misleading statements, both in
    Parliament and outside, were condoned by her presence.

Chairperson, the DA supported the election of the Speaker and we continue to do whatever we can to strengthen both Parliament as an institution and the Office of the Speaker. Madam Speaker will confirm, I am sure, that I treat her with politeness and respect which are her due, both as a woman and as a distinguished person who stands at the head of all of us in Parliament.

We have a good personal relationship and once travelled together to New York. [Interjections.] The two of us shared one of the great experiences of my life: We attended a church service in Harlem and were uplifted by the exuberance and the brilliant singing by the 800-strong congregation and choir. Those people surely know how to worship.

Because of that, I know that the Speaker feels a duty as a Christian to show forgiveness and empathy for a friend who is in distress and I understand that feeling. There is nothing wrong with Christian charity, call it ubuntu if you wish, but there are ways to exercise it which comfort the person in trouble without sending out a wrong message to the public.

A friend of the hon Leader of the Opposition was jailed for fraud. He did not distance himself from his friend. On the contrary, the hon leader made representations to the authorities for the prisoner not to be housed in the large general cell. He visited the prisoner privately and quietly on a number of occasions and kept in touch by telephone in the interim. The Leader of the Opposition was caring for a friend without compromising his office and without undermining the rule of law.

The hon Speaker chose a different path. She chose to join the street theatre outside prison and was seen to be part of the hero’s reception given to Mr Tony Yengeni. [Interjections.] He was treated not as someone who had admitted to committing fraud, not as someone whose appeals were turned down by every court in the land, not as someone who abused his position in the people’s Parliament, but as someone who was to be admired and applauded.

We know that Mr Yengeni did a great deal and sacrificed much during the struggle. That is precisely why he reached such a senior position in this Parliament. However, he did not remain true to the ethics of the ANC; he let our people down. For this reason, he is not a hero of Parliament and ought not to be supported in his claim that a miscarriage of justice has occurred.

In fact, his conviction and his sentence are something of which South Africa can be proud. It shows that our criminal justice system deals equally with those who are charged. There is not one law for the political elite and another for ordinary people.

When I, as a Member of Parliament, act, I act on behalf of those who elected me and I hold the government to account. I do not bind Parliament or compromise Parliament or embarrass Parliament. On the other hand, when the Speaker acts in public, she is the personification of Parliament. She does not have a private persona when she appears in public.

The Speaker needs to always ask, “Am I strengthening Parliament, strengthening democracy, strengthening respect for the rule of law?” The Speaker’s appearance in the street on behalf of Mr Yengeni did not strengthen Parliament, democracy or the rule of law. I appeal to you, Madam, not to allow your natural emotions to take precedence over your duty as our Speaker. I therefore move this motion and ask Parliament to support it. [Applause.]

The DEPUTY CHIEF OF THE MAJORITY PARTY: Chairperson, hon members, we believe that it is important to define very clearly exactly what it is that we are debating here today. We’re being asked by one member of this House to condemn another member for showing support and solidarity with someone in trouble with the law. We need to address certain issues that are relevant to this request.

The first issue we need to address is the rule of law and respect for the decisions of our courts. We wish to state in no uncertain terms that the ANC is committed to the rule of law and to respecting the judgements of our courts. Comrade Tony Yengeni was charged, tried, convicted and sentenced. He exercised his right to appeal against his sentence and his appeals were rejected. He is now serving the sentence imposed on him. The ANC respects this and is committed to abiding by the outcome of this process, painful as it might be and much as there might be differing views concerning the merits of certain aspects of the matter. In a society committed to openness, transparency and accountability, respectful and rational discussion and debate regarding the decisions of court should never be misconstrued as undermining these decisions. The second issue we wish to raise is that of good governance, accountability, transparency and the principle that no one is above the law. Few organisations, if any, in the history of our country have demonstrated as the ANC has the resolve to pursue these principles, regardless of the pain and the political cost involved. No one has yet convincingly argued how accompanying someone to the doors of a prison undermines or detracts from any of these principles. Comrade Tony pleaded guilty to defrauding Parliament on the basis of, amongst others, not complying with the Rules relating to ethics and members’ interests. Lest we forget, it was the ANC which insisted, against the will of many in this House, on the introduction of these Rules after 1994. In this context it does leave an unpleasant sensation in the ear to hear the shrill voices with which the latter-day converts to the church of transparency are singing their hallelujahs of condemnation. [Applause.]

The third issue that we wish to address is that of human dignity and the values of humanity that we think should underpin our society. We are trying to build a people-centred society, based on the inherent right to human dignity that is a founding principle of our Constitution. Comrade Tony Yengeni is a human being. He is a son, he is a brother, he is a husband, he is a father, and he is a friend and a comrade and a freedom fighter. He is also a citizen of our country, convicted of transgressing the laws of the very democracy he fought so bravely for and for which he sacrificed so much. The crime for which he has been convicted is a serious one, but to reduce the entirety of his being to that, as the resolution before us describes it, of a “convicted fraudster”, is to negate not only his humanity, but also our own.

One of the hallmarks of the logic of apartheid was to reduce the rich multidimensional humanity of persons to one-dimensional categories stripped of all human content: the black, the Indian, the coloured, the Jew, the woman, the gay. This may explain why those who refuse to recognise in Comrade Tony all those different facets which define his humanity and which bind him to other human beings, and who only recognise in him the convicted fraudster, also find it so difficult to comprehend the richness and complexity of the multiple identities that define us as South Africans. It is sad that some find it so difficult to grasp and embrace the deep and rich humanism that characterises the moral fabric of the society that we are trying to repair after it was wrecked, but never destroyed, by the ravages of apartheid and colonialism.

It remains a sad enigma that those who have benefited so much from the suffering of so many with so little consequence, continue to possess so little compassion, so little generosity of spirit. [Applause.]

Let us now turn to the draft resolution before the House. Firstly, the motion asks the House: “to express its dismay at the fact that the Speaker, the hon Baleka Mbete, made a public spectacle of herself outside Pollsmoor prison, while demonstrating her support for the convicted fraudster, Mr Tony Yengeni.” The House has to ask itself how exactly did the hon Mbete make “a public spectacle of herself” by showing, in the most dignified manner, human empathy and solidarity with Mr Yengeni and his family? Did she speak publicly while doing so? No, she did not. Did she dance while doing so? No, she did not. What then was spectacular about her actions, other than her humanity? What is spectacular and publicly so is the insatiable appetite for publicity demonstrated by those who saw it fit to invade the private property belonging to President Mbeki and First Lady Zanele Mbeki. [Applause.] We will return to this subject next week.

Secondly, the motion asks, “That the House notes that instead of choosing to uphold the dignity and importance of Parliament as the representative body of all our people, the Speaker chose to put her personal and party friendships before duty.” This clause draws a false and unmotivated distinction between “supporting the dignity and importance of Parliament” and “personal and party friendships”. It then proceeds to assert by implication that there is a necessary contradiction between these.

Thirdly, and thankfully lastly, the motion asks the House to note that, in so doing, she diminished Parliament and the Office of the Speaker because she signalled that Mr Yengeni’s defrauding of Parliament, his failure to comply with his parliamentary duties and obligations, his abuse of the courtesy extended to him by the previous Speaker to make a public statement in the House, and his untruthful and misleading statements, both in Parliament and outside, were condoned by her presence. The mean- spiritedness of the hand behind this motion is demonstrated again by the fact that the reader is not even rewarded with a morsel of meaning after enduring the syntactic torture.

The clause, like so much of the draft resolution before us, commits what textbooks in elementary logic call the fallacy of the inconsequent, a scientific way of saying that an argument is of so loose and so inconsequent a character that no one can discover any cogency in it and that it amounts to little more than the assertion of a conclusion, which has no connection with the premises.

We also wonder whether another problem might be what these same textbooks describe as the fallacy of the irrelevant conclusion. It consists, these textbooks tell us, of arguing a wrong point or proving one thing in such a manner that it is supposed to be something else than that which is meant to be proved. The fallacy usually occurs in the course of long harangues where the multitude of words and figures leaves room for confusion of thought and forgetfulness. This fallacy is in fact a great resource of those who have to support a weak case. Be that as it may, the simple fact is that nowhere in this draft resolution is any shred of evidence adduced to support the proposition that the Speaker has in any way diminished the dignity of Parliament and the Office of the Speaker.

What is it then that we have in the draft resolution before us? We have an ill-conceived, poorly formulated and even more poorly argued piece of work that is motivated by spite and publicity, which serves as a vivid illustration of the predilection some members of the DA have developed for consorting with untruth, whilst holding the quasi-religious belief that these falsehoods, repeated often enough, will miraculously be transmuted into widely held truths. Surely we cannot be expected to entertain this seriously and it is shameful that a member of this House can contemplate asking us to go along with what is little more than a poor attempt at dancing on the pain of others.

When we heard of Madam Speaker’s intentions to go Pollsmoor we had serious reservations, not because we doubted their courage and moral correctness, but because we knew that the political jackals would not spare her. And indeed, they have not. [Laughter.] We wish on behalf of the ANC caucus and believe the majority of hon members of this House to say to Madam Speaker that we are proud of her. She is a courageous and principled leader of our people. She has led this House with dignity, humility and an unswerving commitment to ensure a better life for all South Africans. [Applause.]

We wish therefore to end by proposing the following amendments to the draft resolution before the House. I move this on behalf of the Chief Whip of the Majority Party. We should delete all the words after, “That” and to replace them with: The House –

 1) recognises that the Constitution of the Republic of South Africa
    provides that:


    (a) the Republic of South Africa is one, sovereign, democratic state
         founded on the values of human dignity, the achievement of
         equality and the advancement of human rights and freedoms and
         the supremacy of the Constitution and the rule of law;


    (b) everyone has the inherent right to dignity and the right to have
         their dignity respected and protected; and


    (c) everyone has the right to freedom of association and also the
         right to freedom of conscience, religion, thought, belief and
         opinion;


 2) believes that –


    (a) by showing solidarity with Mr Tony Yengeni, the hon B Mbete was
         acting within the framework of the values and rights of our
         Constitution; and


      b) the hon B Mbete has lead Parliament with dignity and in
         accordance with our Constitution; and


 3) resolves to reaffirm its confidence in, and support for the hon B
    Mbete, MP, as Speaker of the National Assembly.

Mr A M MPONTSHANE: Chairperson, the IFP has never adopted a holier than thou attitude, especially when it comes to the misfortunes of others. At the time of the dismissal of the then Deputy President, Mr Jacob Zuma, when most opposition parties gloated, the President of the IFP, Dr M G Buthelezi summed up the whole saga in an isiZulu aphorism and said: Inxeba lendoda alihlekwa. [What goes around, comes around.]

This literally means don’t laugh at another man’s wound. Our appeal therefore to the DA is: Don’t laugh at another man’s wound. However, politics is about perceptions. The Speaker’s conduct sent differing and conflicting messages to the different segments of our society, including members of her own party. I would like to remind hon members of what the Speaker of the Canadian Parliament recently told members of our Parliament when he visited here. The Canadian Speaker made it abundantly clear that he does not attend political gatherings or events of any nature whatsoever, precisely because he does not want to expose himself to accusations of political bias or indeed party affiliation. [Interjections.]

Would the ``democrats’’ be tolerant and listen to me, please? In addition, by purposefully not attending such occasions, the Canadian Speaker avoids creating any negative perceptions about the role of the Speaker in that parliament. The IFP therefore urges the Speaker to apply the utmost care and discretion to decisions that may create negative perceptions about this Parliament and expose the Speaker to any number of accusations, whether accurate or not. I thank you. [Applause.]

Mr A HARDING: Chairperson, firstly, two wrongs do not make a right. In the tradition of the position of the Speaker, this position is normally entrusted to a person who can rise above narrow party politics.

Our Constitution indeed confirms this position. The problem arises when senior politicians are unable to discern between their party-political affiliations and the high office to which they have been elected.

Parliament is not a corner shop, though some of the shenanigans that emanate from here leave me in doubt. It is the highest seat of law in this country and all of us must, through our collective actions, treat Parliament with the dignity that it deserves. I thank you.

Mrs C DUDLEY: The ACDP aligns itself with comments in the Financial Mail that government leaders and law-makers should be exemplars of the rule of law, upholders of probity in public affairs and models of the clean government they espouse.

In a society struggling to deal with crime and corruption, regrettably the Speaker’s actions on this occasion have allowed a perception of disregard for the law, and even the rules of the institution she heads.

The Speaker’s decision to align herself with the disturbing display outside Pollsmoor, where prison officials literally hero-worshipped their incoming prisoner, was most unfortunate.

The ACDP has always had the highest regard for the Speaker of the National Assembly, but we are of the opinion that in order to uphold the dignity and the importance of Parliament as the representative body of all the people of South Africa, the Speaker should reasonably be expected to have distanced herself on this occasion.

The ACDP will support neither motion, and will therefore abstain.

Dr C P MULDER: Agb Meneer die Voorsitter, baie voorstelle word gereeld in hierdie Huis op ’n daaglikse basis voorgestel en feitlik nooit word daar tyd gevind om hierdie voorstelle te debatteer nie. Nou skielik en sommer vinnig word daar tyd gevind, nie vir een nie, maar vir vier voorstelle wat bedoel is om lede oor en weer te sensureer: drie van die DA se kant af en een van die ANC se kant af, wat mnr Gibson wil sensureer. Dit is tog baie duidelik wat die spel hier is. Ons gaan vandag hier sien die volgende twee voorstelle gaan afgestem word en wysigings van die ANC gaan deurgestem word. Dit is ’n set om mnr Gibson by te kom en hom dan te sensureer. Die spel is tog baie duidelik. Ons is nie hier omdat ons onnosel is nie. Ons weet wat die geval is. Ek dink dit is ’n fout om die Parlement op hierdie basis te gebruik vir interne gevegte tussen die regerende party en die amptelike opposisie. Die Parlement behoort nie daarvoor gebruik te word nie.

Ek het begrip vir die agb Speaker se benadering van ubuntu, wat ook deur mnr Nel gestel is. Ons het baie begrip daarvoor. Ek wil tog vra: wanneer sien ons dat daar empatie betoon word, hetsy dan deur die Speaker of ander senior lede van die regering om by die slagoffers van misdaad hulle simpatie en empatie te gaan betoon, hetsy by ’n wit of swart plaasmoord en dan werklik hulle empatie daar te gaan betoon? Dit moet eerder gebeur as om hier ’n geveg aan die gang te sit. [Tyd verstreke.] (Translation of Afrikaans speech follows.)

[Dr C P MULDER: Hon Mr Chairperson, many motions are regularly introduced in this House on a daily basis and seldom do we find the time to debate these motions. Now, suddenly and very quickly, time is found not for one, but for four motions which are meant to discipline members to and fro: three from the side of the DA and one from the ANC which aims to discipline Mr Gibson. It is quite clear what the game here is. Today we shall see how the following two motions will be rejected and amendments of the ANC will be approved in order to set the stage to discipline Mr Gibson. The game is very obvious. We are not here because we are stupid. We know what is happening. I think it is wrong to use Parliament in this way for infighting between the governing party and the official opposition. Parliament should not be used in this way.

I understand the Speaker’s approach of ubuntu that was also put forward by Mr Nel. We have a lot of understanding for that. I just want to ask: When do we see any empathy being shown, whether by the Speaker or by other senior members of the government, by going to the victims of crime and showing their sympathy and empathy, whether it is a white or black farm murder and then showing empathy there? That is what should happen, rather than starting a fight here. [Time expired.]]

Mr M J ELLIS: Chairperson, I want to say at the outset that it is a pity that the hon Mr Nel has tried to reduce an important debate of this nature to little more than an attempt to belittle the official opposition, because this debate is one of great importance, not only for what gave rise to it, but also for the future role that Speakers of this Parliament should and will play.

We have to accept that no serious debate has ever taken place with regard to the role we expect the Speaker of our Parliament to play. The only definitive words written about this role appear in the National Assembly Guide to Procedure, which was published in 2004. This guide makes it clear that the Speaker is ``the spokesperson for the House in its relations with the NCOP, the other arms of government, and with outside bodies and persons’’.

It goes on to say: In this role, Speakers are careful to maintain the authority of the House and to protect its rights and privileges’’. It goes further and saysin representing the House, the Speaker represents and is responsible to the House and the totality of its members, whether in government or opposition’’. The point is made in that guide that the Speaker ``although affiliated to a political party, is required to act impartially and to protect the rights of all parties’’.

From this we must acknowledge that when the Speaker appears publicly, and especially at public functions, she does not appear there as an ordinary person, but as a Speaker of the National Assembly. She is not there in her personal capacity, but as the representative of all members in the National Assembly. This then would apply as well to her appearance at the gates of a prison in support of a convicted fraudster, which she knew would be a matter of great public importance, and would be well-covered by national and international media.

There are many, many members of this Parliament, from all parties, who believe that Tony Yengeni received the punishment he deserved, and consequently, to support him publicly was a serious error of judgment on the Speaker’s part.

This is not only the view of members of this House. Many members of the public have expressed outrage at the Speaker of their Parliament – and let me remind this Parliament that it is the people’s Parliament – having participated in the roadshow outside Pollsmoor Prison.

Most Commonwealth parliaments accept the general principle of the impartiality of the Speaker, and that he or she represents all parties while being responsible to the House, and the totality of its members.

We were fortunate recently to host the Speaker of the Canadian Parliament who made some interesting revelations in terms of his election and his role. Firstly, he is an opposition member, and was elected by all members of parliament. He does not attend any party caucus meetings of any parties, except the Christmas parties of each caucus. He is totally independent and shows no bias towards any party.

In the House of Commons, there is a long tradition of impartiality which is so strong that all Speakers are seen as genuinely independent of party. The same applies to many other Commonwealth Parliaments, including many in Africa.

However, our Speaker’s actions and support of Mr Yengeni were not the actions of an impartial person. They showed a strong party bias. She is perfectly entitled, as the hon Mr Gibson has pointed out, to support Mr Yengeni privately, but publicly she is the Speaker, and she should recognise and accept what is expected of her in this capacity.

The actions of the Speaker underline the importance of the need for a debate on what we as South Africans expect of our Speaker. We do have, as I have said, many international models to follow, but if we want our Speaker to behave and act in a different way, let us have a constructive debate on the matter and draw up guidelines, not just for the present Speaker, but for the Speakers of the future.

Let us bear in mind when we do so that the ANC will not always be in power, and that one day we will have a Speaker in this Parliament who does not come from their ranks. [Interjections.]

We, jointly, as Members of Parliament, regardless of the party we represent, have a right to participate in deciding what we expect and what we do not expect of our Speaker. The sooner we do this, the better, for we do not need to have a repeat of this debate in this House. Thank you very much. [Applause.]

Ms N M MAHLAWE: Chairperson, hon members, ladies and gentlemen …

… kuyabonakala ukuba ngokufakwa kwesi sindululo yi-DA apha namhlanje kukho umnqweno wokuba ngenye imini ibone inomntu wayo onguSomlomo. Kodwa ke loo nto ayinakwenzeka.

Kananjalo, kufuneka sikhumbule ukuba uSomlomo lo wethu ukwalilungu leSigqeba seKomiti eLawulayo yeSizwe ye-ANC. Zizinto ke ezo esingenakuzitshintsha, kuba kaloku ngoku sikobunye uburhulumente; sisukile kobaa burhulumente babuphatha amakhosikazi njengabantwana naphakade. Ayisekho loo nto.

Ukuba ngaba ke i-DA mhlawumbi isamjonga uSomlomo wethu njengomntwana, ngoko isesemva. Kunjalo nje akukho nto iza kutshintsha; amakhosikazi aza kuba kwizikhundla zobunkokeli, into ke leyo ebalulekileyo.

Kananjalo, uSomlomo ngumntu. Unezinto akhule ezenza. Unezikhokelo zobomi akholose ngazo kwaye unobuntu, unobubele. Zonke ke ezi zinto kufanelekile ukuba azivakalise. Kananjalo masikhumbule ukuba asingoQabane uTony Yengeni kuphela ofanele ukuba axhaswe okanye owayexhasiwe ngelaa xesha. UQabane uTony Yengeni unabazali, unenkosikazi kwanabantwana. Bonke ke abo bantu bafuna ukuxhaswa.

Ndiqinisekile ukuba ukubonakala kukaSomlomo phaya kwenza umahluko kwintlungu ababekuyo ngalaa mini unyana, umyeni kwanotata wabo esiya kungena entolongweni. (Translation of isiXhosa paragraphs follows.)

[… it is clear that by submitting this proposal here today the DA has an ambition that one day they will see one of their own members being a Speaker, but that will never happen.

At the same time, we must remember that our Speaker is also a member of the National Executive Committee of the ANC, the organisation in government. Those are things that we cannot change because now we are in another dispensation; we have moved away from the previous dispensation which treated women like children forever. That no longer exists.

If the DA still regards our Speaker as a child, they are behind the times. Furthermore, there is nothing that is going to change; women are going to take leadership positions, a very important notion.

At the same time the Speaker is also a human being. There are things she grew up doing. She has values on which she anchors her life and she is kind and friendly. She has to display all these virtues.

At the same time we must remember that it is not Comrade Tony Yengeni alone who has to be assisted or who was assisted at that time. Comrade Tony Yengeni has parents, a wife and children. All these people need assistance.

I am certain that the appearance of the Speaker made a difference to the pain they were in on that day when they saw their son, husband and father going to prison.]

Delivering the third Bram Fischer lecture, former Chief Justice Arthur Chaskalson said, and I quote:

The Constitution offers a vision of the future. A society in which there will be social justice and respect for human rights, a society in which the needs of our people will be met, in which we will live together in harmony, showing respect and concern for one another.

Central to what the former Chief Justice said are the fundamentals of the caring society we are currently building and nurturing; a society which entails a genuine, sincere and, indeed, a natural desire within members of society to go out of their way to provide a helping hand to those in need.

The society under construction should derive its content from African philosophy in terms of which a human is divided into two parts, namely the outside, which exists apart from the presence of the inside being, and the inside, which gives life and shape to the outside.

From the inside of a human being emanate feelings, thoughts, love, compassion and human will, which are fundamental tenets of ubuntu. Ubuntu, a value that underpins the Constitution of our Republic and our vision of a better life for all, must, therefore, find expression in all our deeds without any exception.

This must be the case because we are called upon to protect the physical, mental and spiritual being of all the masses of our people. The painful reality is that the thinking of some in our society, even in this House, especially of the people on my left, is still informed by the outdated and undesirable classical liberalism advocated by Robert Nozick and others.

Neo-liberalism tries to make us believe that we must not look after one another, but after ourselves as individuals. This is the thinking that must be relegated to the dustbin of history because it has no place in our constitutional democracy which is founded on the fundamental values of ubuntu.

While all democratic institutions must respect and uphold the Constitution, which is the supreme law of our land, what remains unfortunate is the fact that this debate arises from the issues relating to a matter that was supposed to have been handled internally, within this august institution.

Our Constitution provides that Parliament has a right to determine and control its internal arrangements, proceedings and procedures, and to make rules and orders concerning its business.

It also provides that Members of Parliament are not liable to civil or criminal proceedings, arrest, imprisonment or damages for anything they say in Parliament or committees thereof.

Andazi ke nokuba abayazi na loo nto aba bangakwisandla sam sokunxele. [I do not know whether those on my left do not know that.]

Indeed, this is unfortunate. However, let me emphasise that we will continue to respect and uphold the principle of separation of powers and the rule of law, which are fundamental to our constitutional democracy. Important in this regard is the fact that personal acts of solidarity with a convicted person should never be misunderstood to suggest disregard for the rule of law.

First and foremost, we are human beings before we were public office bearers, hence we must not allow any confusion, whether deliberate or otherwise, of actions taken by public office bearers in their personal and private capacities, with those actions taken in their public capacity.

Let us refuse to be misled by those who are determined to undermine our democratic institutions and constitutional democracy. I thank you. [Applause.]

Ms S RAJBALLY: Chairperson, we take the podium today with all respect to Madam Speaker, hon Baleka Mbete, who has been accused by the DA of misconduct at Pollsmoor Prison when acting out her support for Mr Tony Yengeni.

As a member of this House, she certainly has the responsibility to uphold the dignity and honour of Parliament. The MF affirms that each of us has been honoured with a right, enshrined in our national Constitution, and the freedom to be, which are vital to embracing true democracy.

Interpretation can be dangerous at times, and the accusation that Madam Speaker is supporting a fraudster is an insinuation that she supports fraud. The MF strongly believes that such an insinuation is unacceptable and is directly aimed at discrediting the current government.

We believe that Madam Speaker should not fall victim to this abusive attack by the DA, which, possibly, is a publicity ploy. Instead, she should be given an opportunity to explain herself.

Further, we should not violate the freedom of members of this House outside of it. We certainly put across to the nation the message that, even though our Bill of Rights advocates freedom for all, our actions are a closed book, as was the case during the apartheid regime. Thank you, Chair. [Time expired.][Applause.]

Ms A VAN WYK: Chairperson, with the dawn of our new democracy in 1994, we did not merely leave behind a history of injustices of discrimination based on the colour of our skin or inequalities based on race, gender and sexual orientation. The advent of democracy also started a process of healing, of addressing the injustices of the past and by building the kind of society that we as South Africans want.

In doing so we realised that it will not be a simple process. We will not wake up one morning and find that all South Africans are of equal minds on what happened in the past, developing a desire to assist in building a better South Africa for all who live in it. We expected that this will be a process, and that it will take time and a change in mindset and attitude.

Nonetheless, we embarked on this journey with enthusiasm and commitment, knowing that there is no alternative, and believing that the majority of South Africans are proud and loyal South Africans who share the desire to make this nation the great nation it deserves to be within the family of nations.

In the preamble of the Constitution, it is stated that:

We adopt this Constitution as a supreme law of the Republic so as to heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights.

The point of reference for the development of the kind of society that we desire and that all South Africans deserve is the Bill of Rights as contained in the Constitution. The Bill of Rights is the cornerstone of our democracy. It enshrines the rights of all people in our country and affirms the democratic values of human dignity, equality and freedom.

The right to human dignity determines that everybody has inherent dignity and the right to have that dignity respected and protected. Freedom of association is another right that is protected in the Constitution under the Bill of Rights. Even before the adoption of our Constitution, there were certain values that determined our society and our interaction with one another in society. And, whether for one it is the principle of ubuntu, or for another it’s Christian values and for yet another it is the basics of humanism, all of these feed into our Constitution and into the Bill of Rights.

Under ubuntu we understand the caring for one another by each other. It is the principle and value of looking after each other, not limited along family lines only, but within and amongst communities. It is not turning a blind eye when another human being is in need. It is sharing what you have, limited as it might be, with another who might have even less. It is me taking care of your child in your absence as if it were my child. It is to be there when a mistake is made and to assist the one who made the mistake to stand up and correct that mistake. It is the value of a person being a person because of other persons.

Christianity encourages the very same principle. The wording might be different; the examples might not be the same, but in the end the desire to act in the same caring manner remains. The Bible is full of examples of teachings about the need to act in a humane manner and support each other, and specific examples where it’s the fallen that they supported through acts of Christianity.

However, the question that now needs to be asked and that we need to answer is: what is the commitment of the DA and its Chief Whip in achieving these values and promoting the rights as identified in our Constitution? Do they share this desire and commitment? Do they have the responsibility in promoting these values in order to bring about a society that is caring in its approach? Or is their role and responsibility limited to that of a scarecrow, negatively shouting and screaming, crying wolf, without ever having to share the responsibility?

In the past few months we have seen an increase of unsubstantiated attacks on individuals and organisations within government, in what can only be seen as an attack on the very democracy of our country. We have seen an attack on chapter 9 institutions, when the DA found it in order to attack the Public Protector.

Also, last week a member of the DA stood up in this House and referred to yet another holiday that the Minister of Safety and Security is on. This, while the Minister, as part of his duties and in the execution of our commitment to peace and stability on our continent, is in Burundi facilitating the peace process.

Last week we had a debate in this House regarding the disregard for the right to privacy of our country’s President. It was a debate in which the hon Gibson tried to justify his action by stating that he acted on information that was published in a speculative news article.

Where is his responsibility in all of this? He is not the media, but he is a person who, through his position that he holds within this House, is tasked by none other than the Constitution to protect the Bill of Rights. That is the least that the electorate expect of us. Yet, today, a week later, here we are again, debating in what in the end and in its logical conclusion can be nothing more than yet another example of disregard for the basic right to human dignity and freedom of association.

It is time that we ask what the motivation behind all of this negative and prejudice actions is? Why is it not possible for the DA to be in opposition while still putting the wellbeing of our country, its people and its democratic institutions at the fore? Surely they cannot be proudly South African if, when you hear them and see them, they act as vultures swooping onto anything that remotely might give them their few seconds in the headlines, ignoring fact, creating false impressions and not having the decency or humanity to apologise even after they were told in no uncertain terms by their peers in this House that they acted in a shameful manner.

The ANC wants a strong opposition. We want an opposition that indicates to us where we make mistakes. We want an opposition that comes with alternatives if they feel that something is not working. [Interjections.] Listen, you might learn! [Interjections.]

The HOUSE CHAIRPERSON (Mr K O Bapela): Order! Order!

Ms A VAN WYK: It is what our country needs; it is what our democracy deserves. We desire and deserve an opposition that promotes and defends the Constitution with the same vigour and enthusiasm as we do, that cares about the wellbeing of the nation and who does not rejoice in anything and everything that it perceives to be wrong.

For what is it that happened on 24 August 2006 this year that gives the DA the right to use a word such as “spectacle”? The Speaker, as a human being, went to support a person and his family who are going through a very difficult period. This is a person with whom she shares a history to free our society from the injustices of the past, a person who was a close colleague and a friend.

Mr Yengeni is also a human being in all senses of the word. He is a father, a son, a husband, a friend to many and a colleague. In a time of difficulty the DA then wants to take away the Speaker’s right to freedom of association and Mr Yengeni’s right to human dignity.

The Speaker went there as her own person, exercising her right to freedom of association and the important values of ubuntu, Christianity and humanity. It is a right that many people laid down their lives for and that we, including the hon Gibson, are interested to protect.

What is equally important in this whole issue and is conveniently ignored is that the hon Speaker, and others who were there, not only went there to support Mr Yengeni, but also to support and show solidarity with his parents, his wife, children and family. Or, must we expect that they and their needs in these times are of no consequence just because Mr Yengeni is a person with a high political profile?

Does the DA also want us to change the Constitution so that we ignore the rights of those who are convicted in our country? Do they want us to change the philosophy behind Correctional Services? Why include rehabilitation in the principles of Correctional Services if what they really want is that we ban those who have made mistakes in their lives to the fringes of society, never to be allowed to play a productive role in society ever again?

We in the ANC will never allow that to happen. Our freedom, our respect for human dignity and human rights, our belief in values of ubuntu, Christianity and humanity will not allow us; instead it will be our driving force, our beacon to achieve a caring society, a society that treats all equally and with compassion. “Let the one amongst you who is without sin, be the first to throw a stone at her.” Umuntu ngumuntu ngabantu. [A person is a person through other people.] [Applause.]

The CHIEF WHIP OF THE OPPOSITION: Chairperson, thank you to you and to all the hon members who participated in this debate. I think it was constructive, it was calm and it was dignified, in contrast to the circus that Parliament experienced just a week ago. [Interjections.]

The hon Mr Nel prepared a speech which was in reply to the speech he thought I would deliver and not the one I actually delivered. He finished by proposing a motion of confidence when I didn’t propose a motion of no confidence. He was honest enough to admit that when the ANC heard that the Speaker was going to Pollsmoor, they had misgivings about it. I want to tell him that we had the same misgivings when we heard that she had gone there.

The hon Ms Mahlawe, with due respect, made a similarly misconceived speech. It was certainly not a response to anything that I said. It did contain some interesting aspects, which show that she has a warm heart and a firm commitment to her understanding of our South African constitutional values. She was on less sure ground when she lectured us on liberalism. She seems not to understand that our Constitution is a liberal democratic document, which gives expression to classic, liberal values.

The hon Annelizé van Wyk focused on reconciliation and nation-building and our constitutional Bill of Rights. I think she did so very well, except that she too responded to a speech which I did not deliver. She wants to define how the opposition should act. I want to tell her that when governments try to tell the opposition how to act, they are on less firm ground. Governments everywhere in the world try to dictate to the opposition, and it doesn’t work. You must let the opposition be what it has to be.

I’d like to compliment the hon Dudley, Dr Mulder and Mr Ellis who were much more constructive. [Interjections.] Mr Ellis made a point that I think … [Interjections.] I’m surprised that these hon members don’t know quality when they hear it. Mr Ellis made a very valuable point. He said that we hadn’t yet designed the speakership for our country. We’re only 12 years into democracy. There are various styles and patterns of speakership in many countries in the world. I think we need something that is African and something that is truly South African, and I think it is dead right to suggest that we should have a dialogue as to how the incumbent of that office should act.

The DA believes that the hon Speaker, for whom we have great respect, did not strengthen Parliament or strengthen the respect of the public for this institution, or strengthen the rule of law, by going there in public. We think that she should know that, and we think that many people within this House and outside feel the same way as we do. I therefore move the motion. [Time expired.] [Applause.]

Debate concluded.

The HOUSE CHAIRPERSON (Mr G Q M Doidge): I put the amendment moved by Mr Nel. Are there any objections to the amendment as moved by the hon A C Nel? [ Interjections.] As there are objections, I now put the question. Those in favour will say “Aye” and those against “No”. I think the Ayes have it.

Mr M J ELLIS: Mr Chairman, under the circumstances, the DA has no option but to call for a division.

Division demanded.

The House divided:

AYES - 187: Abram, S; Ainslie, A R; Arendse, J D; Asiya, S E; Bapela, K O; Benjamin, J; Beukman, F; Bhamjee, Y S; Bhengu, F; Bhengu, P; Bhoola, R B; Bici, J; Bloem, D V; Bogopane-Zulu, H I; Bonhomme, T J; Booi, M S; Burgess, C V; Cachalia, I M; Carrim, Y I; Chalmers, J; Chauke, H P; Chikunga, L S; Chohan-Khota, F I; Combrinck, J J; Dambuza, B N; Didiza, A T; Direko, I W; Dithebe, S L; Dlali, D M; Doidge, G Q M; Fihla, N B; Frolick, C T; Fubbs, J L; Gabanakgosi, P S; Gaum, A H; George, M E; Gerber, P A; Gigaba, K M N; Godi, N T; Gololo, C L; Gomomo, P J; Goniwe, M T; Gumede, D M; Hangana, N E; Hendrickse, P A C; Huang, S; Jeffery, J H; Johnson, C B; Johnson, M; Kalako, M U; Kasienyane, O R; Kekana, C D; Khoarai, L P; Kholwane, S E; Khumalo, K K; Khumalo, K M; Komphela, B M; Koornhof, G W; Kotwal, Z; Landers, L T; Lekgetho, G; Lekgoro, M M S; Lishivha, T E; Louw, J T; Louw, S K; Luthuli, A N; Mabe, L L; Mabena, D C; Madasa, Z L; Madella, A F; Madikiza, G T; Maduma, L D; Mahlaba, T L; Mahlawe, N M; Mahomed, F; Mahote, S; Maine, M S; Makasi, X C; Maloney, L; Maloyi, P D N; Maluleke, D K; Manana, M N S; Maserumule, F T; Masutha, T M; Mathebe, P M; Mathibela, N F; Matsemela, M L; Matsomela, M J J ; Maunye, M M; Mayatula, S M; Mbili, M E; Mbombo, N D; Mentor, M P; Meruti, M V; Mgabadeli, H C; Mkhize, Z S; Mnguni, B A; Mnyandu, B J; Moatshe, M S; Modisenyane, L J; Mofokeng, T R; Mogale, O M; Mogase, I D; Mohamed, I J; Mohlaloga, M R; Mokoena, A D; Molefe, C T; Moloto, K A; Monareng, O E; 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; Mzondeki, M J G; Nawa, Z N; Ndou, R S; Ndzanga, R A; Nel, A C; Nene, M J ; Nene, N M; Newhoudt-Druchen, W S; Ngaleka, E; Ngcengwane, N D; Ngcobo, B T; Ngculu, L V J; Ngwenya, M L; Ngwenya, W; Nhlengethwa, D G; Njobe, M A A; Nogumla, R Z; Ntombela, S H; Ntuli, B M; Ntuli, M M; Ntuli, R S; Ntuli, S B; Nwamitwa-Shilubana, T L P; Nxumalo, M D; Nxumalo, S N ; Nyambi, A J; Nzimande, L P M; Olifant, D A A; Oliphant, G G; Pandor, G N M; Phadagi, M G; Pieterse, R D; Radebe, B A; Rajbally, S ; Ramakaba-Lesiea, M M; Ramgobin, M; Ramphele, T D H; Reid, L R R; Rwexana, S P; Saloojee, E; Schneemann, G D; Sekgobela, P S; September, C C; Sibande, M P; Sibanyoni, J B; Siboza, S ; Sigcau , S N; Sikakane, M R; Sithole, D J; Skhosana, W M; Smith, V G; Sonto, M R; Sosibo, J E; Sotyu, M M; Thomson, B; Tobias, T V; Tolo, L J; Tshabalala-Msimang, M E; Tshivhase, T J; Tshwete, P; Vadi, I; Van den Heever, R P Z; Van Wyk, A; Vundisa, S S; Wang, Y; Xolo, E T; Yengeni, L E; Zita, L; Zulu, B Z.

NOES - 37: Blanché, J P I; Boinamo, G G; Camerer, S M; Coetzee, R; Delport, J T; Doman, W P; Dreyer, A M; Ellis, M J; Farrow, S B; Gibson, D H M; Jankielsohn, R; Joubert, L K; Julies, I F; Kalyan, S V; King, R J; Kohler-Barnard, D; Labuschagne, L B; Lowe, C M; Masango, S J; Minnie, K J; Morgan, G R; Nel, A H; Opperman, S E; Sayedali-Shah, M R; Schmidt, H C; Selfe, J; Semple, J A; Smuts, M; Stephens, J J M; Steyn, A C; Swart, M; Swart, P S; Swathe, M M; Trent, E W; Van der Walt, D; Van Dyk, S M; Waters, M.

ABSTAIN - 20: Batyi, F; Bekker, H J; Cupido, H B ; De Lille, P; Dudley, C; Greyling, L W; Groenewald, P J; Harding, A; Lucas, E J; Mars, I; Mfundisi, I S; Mpontshane, A M; Mulder, C P; Mulder, P W A; Rabinowitz, R; Sibuyana, M W; Smith, P F; Spies, W D; Vos, S C; Zikalala, C N Z.

Amendment agreed to.

Motion, as amended, accordingly agreed to.

The HOUSE CHAIRPERSON (Ms C-S Botha): Order, members please! Order please! I will now grant the Speaker an opportunity to make a statement as agreed to by the House.

                 DRAFT RESOLUTION BY MR D H M GIBSON

                             (Statement)

The SPEAKER: Madam Chairperson, thank you very much for this opportunity. I thought it would be important for me to say something very briefly. First of all, I asked the Whips that we should have this debate. It would have been very easy for us not to have it and to tuck this issue away and forget about it. However, I thought, indeed, I should put it on the table and let us debate it.

Why did I do that? I thought, first of all, to make the point that there are no holy cows. If the Speaker has done something wrong, let’s talk about it. I believe from what I heard today that it was valuable, because it was important for us to express our differences on the issues, to express our understanding of the role of the Speaker and even to express the view that we still need to debate the speakership and our own South African approach to the role played by the Office of the Speaker. I think it is very, very important for us to still do that. However, indeed, we are not Canada. [Laughter.] [Applause.] So, it is interesting for me to listen to my counterpart in Canada sharing with us how they approach things, for us also to reflect on whether there aren’t some of the things they are doing that we would like to pick up and borrow.

So, there is nothing wrong with that, but it is wrong to assume that our system is the same as that of Canada or the House of Commons or wherever, because this is South Africa. In fact, here we have decided that we remain political. I remain a member of the ANC caucus and I go to it, unlike for instance in Lesotho where the Speaker is not even a member of Parliament. She is appointed from amongst the citizens. That is a different system, and to make an assumption that the Speaker’s Office in one country is the same and functions the same way as in another country is wrong. That is part of us growing to actually talk about those kinds of things.

Having said that, I want to emphasise something that was said by somebody about ubuntu and the value of human solidarity, and say that, regardless of what the circumstances were, one has to give support to another human being because the intention is not to destroy, but to build.

Having said that, I think we can’t allow this opportunity to go by without making an important point. That is that this Parliament was never defrauded by the former hon member Tony Yengeni. That is just for the record.

So, I thought that it is important for me to come and stand here and make that categorical statement, because the records are there and we do our homework on these matters. I have also been in touch with the former Speaker on this matter and she herself was as anxious as I was that that point should be made categorically clear.

Having said that, I also want to add onto my last point and say that on the day the former hon member was locked up - because he is a law-abiding citizen – he actually was locked up because there are no holy cows. Therefore, when you are told that you must be locked up, you go and get locked up, just like Madiba went when he was hauled before a court; he went there.

Some of us were wondering as to why is this old man doing this? I mean, in his position he shouldn’t have done that, but he went because he also was teaching the lesson: There are no holy cows! That is what we fought for. That is the democracy we fought for.

We went and we showed solidarity with the family of Tony Yengeni. His wife the hon member Lumka Yengeni, her children and his parents were there. For me, I am satisfied as I stand here that I did that. Just as an ordinary citizen, I went and I did that. [Applause.] [Time expired.] Thank you very much, hon Chairperson.

CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON COMMUNICATIONS - FILLING OF VACANCIES ON INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA COUNCIL

The HOUSE CHAIRPERSON (Ms C-S Botha): I put the question. The question before the House is that the following list of candidates be submitted to the Minister of Communications for consideration for appointment as councillors to Icasa: Dr A J Barendse, Ms M Matlala, Ms M Mohlala, Mr R Nkuna, Ms B Ntombela, Ms K A Serero-Chiloane, Dr M Sociqwa and Prof J C W Van Rooyen. Are there any objections?

Since there are objections, I now put the question. Those in favour will say “Aye.”

HON MEMBERS: Aye

The HOUSE CHAIRPERSON (Ms C-S Botha): And those against will say “No.”

HON MEMBERS: No.

The HOUSE CHAIRPERSON (Ms C-S Botha): I think the Ayes have it.

Declarations of vote:

Ms M SMUTS: Madam Chair, the DA supports four of the persons nominated. However, we wish to vote against this list, and wish to record our utmost dismay at the fact that the ANC has selected two Department of Communications officials for appointment to the Independent Communications Authority of South Africa.

The Communications Regulator is a chapter 9 constitutional body which must be independent from government in general and from the Department of Communications in particular, and not only for constitutional, but also for commercial reasons.

The Minister in the department has tried throughout the past and this year not only to remove the regulators’ independence, first in the law, then constitutionally, but he has also tried to circumvent the declared intentions of the National Assembly, as the intentions then were, to retain and respect that independence.

The very same departmental official who at each stage of the legislative process defied the Assembly and who sat with the NCOP when it swept the Assembly’s version of the law off the table, has now been nominated by the very same ANC MPs to the Regulator, notwithstanding the fact that our President sent the Icasa Amendment Bill back to the Assembly for unconstitutionality after she had worked with the NCOP.

Icasa councillors have to take an oath that they will uphold the Constitution and the law, including the Icsa Act. The Icasa Act itself determines that the Regulator is independent and subject only to the Constitution and the law. The same official who tried to circumvent the Constitution and the law appeared before the Joint Committee on the Constitutional Review when the proposal was made to strengthen the independence of the Regulator. She was dismissed by that committee for her plain inability to argue the issue serving before it and the inability to argue even the department’s case for weakening the Regulator.

The second official chosen serves directly under the Director-General of Communications who drove the process to take the “I” out of Icasa in so many words. She also appeared before the Constitutional Review Committee after Ms Matlala had been dismissed.

The Minister must now select five of the eight names you vote on today. Based on the Minister’s performance over the past year and half, she will choose her own officials, creating ``Ivy’s Communications Authority of South Africa.’’ [Laughter.]

On present performance - when her choices come back to Parliament to reject or approve – I must tell you that I see no hope of my ANC colleagues, once so independent-minded and so proud of it last year, reversing themselves on this disastrous list of nominees. I cannot express my dismay sufficiently strongly. And I don’t know to what end one spends all these months legislating good law when this happens at the end of the process. [Applause.]

Ms S C VOS: Chairperson, the IFP, as a matter of principle and in defence of the Constitution of the Republic, cannot support the report containing names of persons currently in the employ of the Department of Communications.

Overall, the complete list of names falls short of the expertise required by Icasa. Excellent candidates were unfortunately rejected.

However, first and foremost, the deployment by the ANC and the ANC alone in the portfolio committee, of department officials is viewed by the IFP and many others as a cynical and seemingly naked attempt by the Ministry to control Icasa, a chapter 9 body, from within.

The Minister lost out, as you’ve heard, in her attempt to hire, evaluate and fire Icasa councillors as she saw fit when the Icasa Bill, now Act, was passed through the National Assembly.

We are grateful for the intervention of the President of the Republic in returning the Bill to Parliament for redrafting after the Minister’s official, in a last-ditch stand, got the NCOP to ignore this Parliament and to draft amendments according to the Minister’s wishes – an entirely shameful episode.

So, now we have department officials on this shortlist - one of whom is the very same official who, as you’ve heard, tried but failed to negotiate the Minister’s wishes to exert direct Ministerial control over Icasa in the National Assembly but was more successful in the NCOP, resulting, as I said once before, in the President refusing to sign the Bill as amended.

It is simply incredulous that the very same person now appears on the list! It remains to be seen, of course, which five names out of the eight on the list the Minister will return to this House for ratification. Meanwhile, Icasa is wracked by a lack of capacity and internal divisions and does not enjoy the confidence of the industry.

The ongoing direct political interference by the department into Icasa’s decision-making should stop. If these persons are chosen, we would be told loud and clear that the Minister, and by implication the executive, intends to make a sham of the so-called independence of this body, and that political interest would be put first before the interest of the country. Thank you. [Applause.]

The HOUSE CHAIRPERSON (Ms C-S Botha): Order, hon members! It’s very tricky when we have several debates on the floor at the same time. Please, try and keep your comments a bit lower in key.

Dr P W A MULDER: Mevrou die Voorsitter, ons leef in ’n opwindende tyd waarin die ontwikkelings op telekommunikasiegebied regtig ‘n mens se asem wegslaan. Elke maand is daar nuwe tegnologiese ontwikkelings en veranderings. Wat dit meer ingewikkeld maak, is dat hierdie ’n hoogs tegniese, hoogs gespesialiseerde terrein is.

Okosa se taak is om regulasies te maak om te verseker dat Suid-Afrika nie by die res van die wêreld agter raak nie. Daarvoor het ons die beste persone met tegniese kennis nodig. Wat my betref, gaan dit nie hier oor politieke aanstellings nie, maar oor wie die beste mense om is seker te maak ons raak nie agter nie.

Met daardie gesindheid het die VF Plus, en ek persoonlik, aan die onderhoude in die portefeuljekomitee deelgeneem. My benadering was eenvoudig om die beste persone in belang van Suid-Afrika te kies sodat ons op die voorpunt kan bly. Op baie terreine is ons tans voor, en ek is bekommerd ons gaan begin agter raak.

Die VF Plus stem saam met sommige van die name wat aanbeveel is. Ons dink dis die beste keuses, maar ons is ook bekommerd oor die onafhanklikheid van sommige ander keuses onder die agt wat in die naamlys verskyn. Wat my betref, gaan dit hier oor die rol van die uitvoerende gesag teenoor die wetgewende gesag. In sommige lande word sulke rade regstreeks deur die Minister aangewys. Die uitvoerende gesag besluit alleen daaroor. Die VF Plus glo dat die Suid-Afrikaanse metode om mense aan te wys beter is omdat dit ’n onderskeid maak tussen die uitvoerende gesag – die Minister - en die Parlement. Veral terwyl dit hier om ’n onafhanklike liggaam gaan dink ek dit gee geloofwaardigheid.

Die Minister moet vyf van die agt mense aanstel. Die name wat sy aanwys, sal help aantoon in watter mate hierdie Parlement se rol werklik erken word en of ons geslaag het om daardie balans te behou, en of ons ongelukkig gevorder het van 1994 tot nou toe tot op die punt wat hierdie Parlement net gebruik word as ‘n rubberstempel om geloofwaardigheid te gee aan name wat die Minister graag wil hê.

Ons sal kyk na watter kant toe dit gaan. Ek hoop nie dit gaan na daardie kant toe wat ons ‘n rubberstempel word wat net die stempel op name moet sit nie. Dis die dood in die pot vir onafhanklike liggame en gespesialiseerde liggame soos OKOSA. Ek dank u. (Translation of Afrikaans speech follows.)

[Dr P W A MULDER: Madam Chair, we live in exciting times, when developments in the field of telecommunications take one’s breath away. Every month there are new technological developments and changes. What makes this even more complicated is the fact that this is a very technical, highly specialised field.

Icasa’s function is to make regulations to ensure that South Africa does not fall behind the rest of the world. For that we need the best persons with the technical know-how. To my mind this is not a matter of political appointments; it is rather a matter of choosing the best people to ensure that we do not fall behind.

With that attitude in mind the FF Plus, and I personally, participated in the interviews of the portfolio committee. My approach was simply to choose the best people in the interest of South Africa, so that we can remain at the forefront. At the moment we are leading in many areas, but I am afraid that we may start to lag behind.

The FF Plus agrees with some of the names that have been put forward. We believe these to be the best choices, but we are concerned about the independence of some of the other choices among the eight names appearing on the list. As far as I am concerned, the issue at stake here is the relation of the executive vis-à-vis the legislative authority. In some countries such councils are appointed directly by the Minister. The executive alone decides. The FF Plus believes that the South African method of appointing people is better, because it differentiates between the executive - the Minister - on the one hand, and Parliament on the other. Especially where an independent body is concerned, I believe our method carries greater credibility.

The Minister must appoint five of the eight persons recommended. The names she chooses will serve to indicate whether the role of this Parliament is truly recognised, whether we have succeeded in maintaining that balance, or whether unfortunate developments since 1994 have brought us to the point where this Parliament is now simply being used as a rubber stamp to lend credibility to the names the Minister prefers.

We will observe which way the decision goes. I hope it does not go the way that will make us a mere rubber stamp to be added to names already chosen. That will be fatal for independent and specialised bodies such as Icasa. Thank you.]

Mr G G OLIPHANT: Madam Chair, we are happy to report that the Portfolio Committee on Communications concluded the process of selecting prospective councillors for Icasa on Thursday, 7 September 2006. We further wish to thank all members from all political parties for their consistency, dedication and attention to details when dealing with such important matters.

We are today presenting a list of eight prospective councillors for the Minister of Communications to choose five councillors to be appointed and wish all of them good luck. The committee went through the CVs of 58 candidates and interviewed 19, following a rigorous process of shortlisting. The committee had absolute consensus on four of the members here, reasonable consensus on some and no consensus on others.

We are today subjected to opposition parties on the following matters: lack of respect for the ANC, lack of respect for democratic processes and lack of respect for the chapter 9 institutions. This onslaught is not only on Icasa today, but was also on the Presidency, the Speaker, the Public Protector etc. I call upon the ANC to assert its authority and continue to use this majority that we have - unashamedly so - to benefit the country as a whole, and not just to appease the opposition.

The attack on these three black females was launched even before they could be interviewed. Their credentials, their skills and their expertise during the interviews were not in question. The only alleged sin is that they work for government. So what? Who says those who work for this government are not better than those who work for the Public Service? The law does not allow them to be appointed as councillors. In fact, the law says when they are appointed as councillors, they must resign from those positions. Interestingly, members were reading selectively on what the law says. When we brought it to the attention of members such as those in the DA, saying but the law says they can’t hold two jobs and that they can be nominated and that if appointed they must resign the positions, they said that was an ANC clause. Shame!

This matter will henceforth be handled by the Minister of Communications who, is incidentally, is the Acting President of the Republic of South Africa today. We must allow that process to take its course.

Actually, in other jurisdictions the appointment of regulators is a line function, and not a parliamentary process. I am just saying it so that it is for the record that it is not unique in South Africa, but even if we take that responsibility here, let’s not abuse it. The ANC will support all the names. [Time expired.] [Applause.]

The HOUSE CHAIRPERSON (Ms C-S Botha): Order! Are you rising on a point of order, hon member?

Mr H P CHAUKE: Madam Chair, is it parliamentary for the hon Gibson to be so quiet in the House today? [Laughter.]

Mr D H M GIBSON: Madam Chair, if he is asking for a speaking term for me in this matter, I’ll be happy to oblige.

Division demanded.

The House divided:

AYES - 176: Abram, S; Ainslie, A R; Asiya, S E; Baloyi, M R; Bapela, K O; Benjamin, J; Beukman, F; Bhamjee, Y S; Bhengu, F; Bhengu, P; Bhoola, R B; Bloem, D V; Bogopane-Zulu, H I; Bonhomme, T J; Burgess, C V; Cachalia, I M; Carrim, Y I; Chalmers, J; Chauke, H P; Chikunga, L S; Chohan-Khota, F I; Combrinck, J J; Dambuza, B N; Didiza, A T; Direko, I W; Dithebe, S L; Dlali, D M; Doidge, G Q M; Erwin, A; Fihla, N B; Frolick, C T; Fubbs, J L; Gabanakgosi, P S; Gaum, A H; Gerber, P A; Gigaba, K M N; Gololo, C L; Gomomo, P J; Goniwe, M T; Gumede, D M; Hangana, N E; Hendrickse, P A C; Hogan, B A; Jeffery, J H; Johnson, C B; Kalako, M U; Kasienyane, O R; Kekana, C D; Khoarai, L P; Kholwane, S E; Khumalo, K K; Khumalo, K M; Koornhof, G W; Kotwal, Z; Landers, L T; Lekgetho, G; Lekgoro, M M S; Lishivha, T E; Louw, J T; Louw, S K; Luthuli, A N; Mabe, L L; Mabena, D C; Madella, A F; Madlala-Routledge, N C ; Maduma, L D; Madumise, M M; Mahlaba, T L; Mahlawe, N M; Mahomed, F; Mahote, S; Maine, M S; Makasi, X C; Malahlela, M J; Maloney, L; Maloyi, P D N; Maluleke, D K; Manana, M N S; Maserumule, F T; Mashangoane, P R; Masutha, T M; Mathebe, P M; Mathibela, N F; Matsemela, M L; Matsomela, M J J ; Maunye, M M; Mayatula, S M; Mbili, M E; Mbombo, N D; Mentor, M P; Meruti, M V; Mgabadeli, H C; Mkhize, Z S; Mnguni, B A; Mnyandu, B J; Modisenyane, L J; Mofokeng, T R; Mogale, O M; Mogase, I D; Mohamed, I J; Mohlaloga, M R; Mokoena, A D; Molefe, C T; Moloto, K A; 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; Mzondeki, M J G; Nawa, Z N; Ndzanga, R A; Nel, A C; Nene, M J ; Nene, N M; Newhoudt-Druchen, W S; Ngaleka, E; Ngcengwane, N D; Ngcobo, B T; Ngwenya, M L; Ngwenya, W; Nhlengethwa, D G; Njobe, M A A; Nogumla, R Z; Ntombela, S H; Ntuli, B M; Ntuli, M M; Ntuli, R S; Ntuli, S B; Nwamitwa-Shilubana, T L P; Nxumalo, M D; Nxumalo, S N ; Nyambi, A J; Olifant, D A A; Oliphant, G G; Oosthuizen, G C; Pandor, G N M; Phadagi, M G; Pieterse, R D; Radebe, B A; Rajbally, S ; Ramakaba-Lesiea, M M; Ramgobin, M; Ramphele, T D H; Reid, L R R; Rwexana, S P; Saloojee, E; Schippers, J; Schneemann, G D; Sekgobela, P S; September, C C; Sibanyoni, J B; Siboza, S ; Sikakane, M R; Sithole, D J; Skhosana, W M; Smith, V G; Solo, B M; Sonto, M R; Sosibo, J E; Sotyu, M M; Thomson, B; Tolo, L J; Tshivhase, T J; Vadi, I; Van Wyk, A; Vundisa, S S; Wang, Y; Xolo, E T; Yengeni, L E; Zita, L; Zulu, B Z. NOES - 55: Batyi, F; Bekker, H J; Bici, J; Blanché, J P I; Boinamo, G G; Camerer, S M; Coetzee, R; Cupido, H B ; De Lille, P; Delport, J T; Doman, W P; Dreyer, A M; Dudley, C; Ellis, M J; Farrow, S B; Gibson, D H M; Greyling, L W; Harding, A; Julies, I F; Kalyan, S V; King, R J; Kohler- Barnard, D; Labuschagne, L B; Lowe, C M; Lucas, E J; Madikiza, G T; Mars, I; Masango, S J; Minnie, K J; Mncwango, M A; Morgan, G R; Mpontshane, A M; Mulder, C P; Mulder, P W A; Nel, A H; Rabinowitz, R; Sayedali-Shah, M R; Schmidt, H C; Selfe, J; Semple, J A; Seremane, W J; Sibuyana, M W; Sigcau , S N; Smith, P F; Smuts, M; Spies, W D; Swart, M; Swart, P S; Swathe, M M; Trent, E W; Van der Walt, D; Van Dyk, S M; Vos, S C; Waters, M; Zikalala, C N Z.

ABSTAIN - 3: Ditshetelo, P H K; Godi, N T; Mfundisi, I S.

Question agreed to.

The following list of candidates will accordingly be submitted to the Minister of Communications for consideration for appointment as councillors to ICASA: Dr A J Barendse, Ms M Matlala, Ms M Mohlala, Mr R Nkuna, Ms B Ntombela, Ms K A Serero-Chiloane, Dr M Socikwa and Prof J C W van Rooyen.

             IMPLEMENTATION OF PROVISION IN RULE 246(1)

                         (Draft Resolution)

The CHIEF WHIP OF THE MAJORITY PARTY: Madam Chairperson, I move the draft resolution as printed in my name on the Order Paper as follows:

That the House –

  1) approves, for a trial period  until  the  end  of  the  year,  the
     implementation of the provision in Rule 246(1) for a First Reading
     debate on Bills introduced in the Assembly, except money Bills, in
     accordance with the following guidelines and  notwithstanding  any
     Rules to the contrary:


     (a)     A First Reading debate may be conducted on Bills
          introduced in the Assembly.


     (b)     There shall be no speakers’ list for a First Reading
          debate.


     (c)     The member in charge of a Bill, be it a Minister, a member
          or a representative of a portfolio committee, must be
          allocated fifteen minutes to make an introductory speech on
          the background to, reasons for and objects of the Bill, and
          to reply to the debate.


     (d)     In the case of a Bill introduced by the Executive, a
          Deputy Minister may participate in the First Reading debate
          on behalf of a Minister.


     (e)     Members may speak on the Bill for no longer than three
          minutes each.


     (f)     With the exception of the member in charge of the Bill, or
          a Deputy Minister participating on behalf of the Minister, a
          member granted an opportunity to speak will not be given a
          second opportunity in the same debate.


     (g)     Members intending to participate in the debate must press
          the “to speak” button on their desks.


     (h)     Decisions regarding the scheduling of First Reading
          debates are taken by the Programme Committee.
     (i)     If a Bill is introduced in the Assembly during a non-
          plenary period, it may be scheduled for a First Reading
          debate as soon as possible upon the resumption of plenaries.


     (j)     Once the speeches have been made, a Bill  is  regarded  as
          having been read a first time.


     (k)     No amendment to a Bill is allowed on its First Reading and
          no decisions will be taken by the House after a First Reading
          debate; and

(2) agrees to an assessment and review of these measures by the Programme Committee after the expiry of the trial period and, if required, the recommendation of specific Rule adjustments to the Rules Committee.

Agreed to.

              FOURTEENTH SUMMIT OF NONALIGNED MOVEMENT


                        (Member’s Statement)

Mr D J SITHOLE (ANC): Chairperson, the Fourteenth Summit of the Nonaligned Movement started yesterday in Havana. The summit convenes under the theme: “Towards a More Dynamic and Cohesive Nonaligned Movement – Challenges of the 21st Century”.

Our country, led by President Thabo Mbeki, will take part in the summit within the context of South Africa’s commitment to promoting South-South co- operation. Our government should also raise the issue of the need to democratise and strengthen the multilateral systems of the UN.

The HOUSE CHAIRPERSON (Ms S-C Botha): Order! Order, please. Please be courteous enough to make the member heard. Please don’t speak so loudly. Thank you.

Mr D J SITHOLE (ANC): The great majority of humanity is faced with the scourge of poverty and underdevelopment. The situation in the Middle East highlights the continuing fragility of global peace and security.

The ANC wishes the Fourteenth Summit of the Nonaligned Movement well in its deliberations, and hopes that this occasion will assist the members of the movement as we prepare for the 61st session of the United Nations General Assembly. Thank you. [Applause.]

                 ANC CONNECTIONS TO LOTTERY OPERATOR


                        (Member’s Statement) Moulana M R SAYEDALI-SHAH (DA): Thank you, Chairperson. The South African public are sick and tired of watching already rich and already empowered members of the ANC elite getting richer and re-empowered while the party itself seems to have no idea of how to free the millions of South Africans that are trapped in poverty and unemployment.

Weekend papers reported that Gidani, a consortium of well-connected members of the ANC elite, has emerged as the preferred bidder to operate the Lotto when the current contract with Uthingo expires. The consortium is expected to make an annual profit of more than R40 million from this lottery. Should they be awarded this contract?

Reports indicate that the Gidani consortium consists of, among others, ANC NEC members Chris Nissen, who has already confirmed his involvement, Cyril Ramaphosa, Max Sisulu and various other government officials. The National Lottery Board should realise that should Uthingo be passed up in favour of Gidani, then they would have to have a very good explanation handy.

The ANC, on the other hand, would be well advised to hasten its efforts to put a stop to the greed of its elite and actually to produce the much- vaunted guidelines for the involvement of ANC members in business. Thank you.

            SMALL PERCENTAGE OF DRUNK DRIVERS PROSECUTED


                        (Member’s Statement)

Mr H J BEKKER (IFP): Madam Chair, the IFP would like to register its shock at statistics that suggest that only four out of every hundred drivers caught driving under the influence of alcohol are being prosecuted. Those that do end up in court are likely to be discharged on a technicality or get off with a light fine.

According to the Department of Transport’s own figures, about 60% of all road deaths can be linked to drunk driving. That means that more than 7 000 people died on our roads last year as a result of drunk driving or drunk drivers. A recent study in the Western Cape indicated that 47% of motor vehicle drivers who died in road accidents had blood alcohol levels higher than the limit.

South Africa has very strict punishment in place for drunk driving, with fines of up to R120 000 or six months in jail, but what is the use of having such high fines or jail terms if the perpetrators do not even get as far as breathalyser tests or are not prosecuted? Blood testing facilities are either not available or not functioning.

The country cannot claim to be serious about dramatically decreasing the number of road deaths as long as drunk drivers remain on the roads with almost total impunity. I thank you.

           LACK OF EQUITY AMONG SENIOR AND TOP MANAGEMENT


                        (Member’s Statement)

Mr S A MSHUDULU (ANC): Chairperson, yesterday the Minister of Labour, Comrade Membathisi Mdladlana, released the sixth report of the Commission for Employment Equity in Pretoria, and he is quoted as saying that there has been little progress and that whites still dominate top and senior management positions within the economy.

Furthermore, the Minister added that the department would also look into 1 296 large companies which had not submitted employment equity reports to the commission in 2005. Figures from submitted reports show that while the percentage of whites in top management decreased by 2,3% between 2001 and 2005, whites still dominate the top posts, with 72,6% representation compared with 27,2% black - African, coloured and Indian.

The chairperson of the commission, Jimmy Manye, said what raised further concern was that recruitment for top senior and professionally qualified levels still showed whites being targeted. The ANC is concerned by these findings, as they illustrate that, if we continue at this pace, we would most probably only reach equitable workplaces 40 to 50 years from now. We call on the Minister of Labour to engage companies with unacceptable equity representation. I thank you. [Time expired.]

         COMMEMORATION OF TRAGIC EVENTS OF 11 SEPTEMBER 2001


                        (Member’s Statement)

Ms S N SIGCAU (UDM): Chairperson, the UDM joins the people of the world in remembering the tragic events that transpired on 11 September five years ago. We commiserate with the loved ones of the more than 3 000 people who perished. It is worth remembering that on that day men and women from many nationalities were the victims of a horrific act of violent murder.

It is sad that the remarkable demographic representation of the victims has not united the world against a common enemy, but has rather ushered in a new conflict of civilisation. In this the terrorists have succeeded in their stated objective of causing global conflict.

South Africa emerged as a political miracle after the collapse of the Cold War, as a model of diverse people seeking a common political solution in pursuit of their shared destiny. Perhaps we have not done enough as a nation to spread the word of reconciliation and to set an example of what politics in a post-Cold War world should look like.

In the process, far greater tragedies, such as the daily suffering and death of many thousands due to poverty and disease, have slipped off the world agenda. I thank you, Chairperson.

                   POLITICAL INTERFERENCE IN SPORT


                        (Member’s Statement)

Dr P W A MULDER (VF Plus): Agb Voorsitter, die regering se inmenging in sport is op die oomblik tot nadeel, en nie tot voordeel, van sport in Suid- Afrika nie.

Dit is belangrik dat die ontwikkeling van sportgeriewe en sportpersone op alle vlakke plaasvind. Die VF Plus steun dit entoesiasties. Die regering kan en behoort ’n rol in hierdie ontwikkeling te speel, maar die regering behoort nie ’n rol te speel en in te meng met die kies van sportspanne en die daaglikse bestuur van sport in Suid-Afrika nie. Griekeland is ’n tyd gelede uit internasionale sokker geskors omdat die Griekse regering so met sport ingemeng het.

Naas Botha, bekende rugbyspeler, mag waarneem as bestuurder van die Springbokspan, maar hy mag nie in die pos aangestel word nie, omdat hy wit is. Die nuwe bestuurder moet etnies swart wees. Gister het die president van sport darem ’n toegewing gemaak en laat blyk dat bruin kandidate ook nou vir die pos oorweeg sal word.

Die beste netbalspeler in Nieu-Seeland is Irene van Dyk, ’n Suid-Afrikaner wat verkies om in Nieu-Seeland netbal te speel. Die beste krieketspeler in Brittanje is Kevin Petersen wat in ’n boek uitvaar oor hoe kwotas in Suid- Afrika gemaak het dat hy nooit hier internasionaal sou kon speel nie. In die boek verduidelik hy hoe kwotas in Suid-Afrika hom geraak het.

Dit is tyd dat gewone sportliefhebbers en –toeskouers hul stemme dik maak oor die regering se inmenging in sport. Ek dank u. (Translation of Afrikaans member’s statement follows.)

[Dr P W A MULDER (FF Plus): Hon Chairperson, the government’s interference in sport is to the detriment and not to the advantage of sport in South Africa at present.

It is important that the development of sporting facilities and sportspersons takes place at all levels. The FF Plus supports this enthusiastically. Government can and should play a role in this development, but Government should not play a role or interfere in the selection of sport teams and in the daily management of sport in South Africa. Some time ago Greece was suspended from international soccer because the Greek government interfered in sport. Naas Botha, a well-known rugby player, may act as manager for the Springbok team, but he may not be appointed in the job because he is white. The new manager must be ethnically black. Yesterday the president of sport made some concessions and indicated that brown candidates will also be considered for the job.

The best netball player in New Zeeland is Irene van Dyk, a South African who prefers to play netball in New Zeeland. The best cricket player in England is Kevin Pietersen, who mentions in a book how quotas in South Africa precluded him from ever playing international cricket here. In the book he explains how quotas in South Africa affected him.

It is time that regular sport lovers and spectators let their voices be heard regarding the government’s interference in sport. I thank you.]

        CAPE TOWN CITY COUNCIL’S SCRAPPING OF BEE REQUIREMENT


                        (Member’s Statement)

Ms C B JOHNSON (ANC): Agb Voorsitter, die DA-beheerde Kaapstadse Stadsraad het besluit om die vereiste van 30% swart ekonomiese bemagtiging vir die toekenning van stadsraadskontrakte te laat vaar. Hulle baseer hul besluit op die veronderstelling dat dit kwansuis minder betoë of appèlle teen die toegekende kontrakte tot gevolg sal hê.

Die vraag wat gevra moet word, is: Hoeveel van hierdie betoë was suksesvol, en hoeveel van die betoë het gekom van maatskappye wat, soos die DA, terughunker na die verlede en nie self die nodige toewyding aan die dag kon lê om swart ekonomiese bemagtiging na te streef nie?

Hierdie besluit is ’n terugwaartse stap vir transformasie in Kaapstad, en dit demonstreer weer eens dat die DA eenvoudig nie belangstel in swart ekonomiese bemagtiging nie. Met hierdie besluit het die DA dieper in sy laer getrek en dra die DA geensins by tot die ontwikkeling van ons voorheen benadeelde gemeenskappe in Kaapstad nie. (Translation of Afrikaans member’s statement follows.)

[Ms C B JOHNSON (ANC): Hon Chairperson, the DA-controlled Cape Town City Council has decided to scrap the requirement of 30% black economic empowerment for the awarding of city council contracts. They premise their decision on the supposition that it will apparently lead to fewer objections or appeals against the awarded contracts.

The question that must be asked is: How many of these appeals involved were successful, and how many of the appeals came from companies who, like the DA, yearn for the past and who could not themselves show the necessary dedication to strive for black economic empowerment?

This decision is a step backward for transformation in Cape Town and it demonstrates once again that the DA is simply not interested in black economic empowerment. With this decision the DA has withdrawn deeper into its enclave and in no way does the DA contribute to the development of our previously disadvantaged communities in Cape Town.]

     PREVALENCE AND COMBATING OF SERIAL KILLING IN SOUTH AFRICA


                        (Member’s Statement)

Ms S RAJBALLY (MF): Chairperson, South Africa is said to be among the three most notorious countries in respect of serial killings. However, it is encouraging to note that from 1 936, 71 killers were identified, of which only 11 are still at large.

Johannesburg and Durban are the worst affected cities, and Gauteng and KwaZulu-Natal are the worst affected provinces. Five new serial killers are found each year, and thanks to the competent SAPS Investigative Psychology Unit, many of these killers have been captured.

Serial killers are said to have a psychological motive, and the devastating attributes of South African society give birth to serial killers. Are there any efforts that can stop such initiation? If anything, the fact that the SAPS Investigative Psychology Unit is successfully hunting down killers should serve as a form of deterrent. Thank you.

                     ACCESS TO CRIME STATISTICS

                        (Member’s Statement)

Ms D KOHLER-BARNARD (DA): Chairperson, on Wednesday last week the Deputy Minister of Safety and Security, Susan Shabangu, told Parliament that there was no moratorium on crime statistics and that members of the public were free to access them at their local police stations.

Well, the DA immediately conducted a snap survey of 41 police stations in six major centres to determine if the Deputy Minister’s statement bore any resemblance to reality. We found that 95% of those stations approached refused to release the statistics, citing the ongoing moratorium on their release. This came as no surprise, as we’ve repeatedly had our requests for crime statistics turned down in the past.

The DA survey shows up the Deputy Minister’s comments for what they were: ill-informed nonsense that were out of touch with reality. In light of the seeming inability of the police to protect South Africans against violent criminals it is essential that people have access to up-to-date information on crimes in their local areas. We have to be able to protect ourselves.

It is unacceptable that the Deputy Shabangu has seemingly misled the public in an attempt to excuse her department’s failure to keep the public informed. She now needs to explain herself to South Africa.

    PROTECTION OF LOCAL CONSTRUCTION INDUSTRY FOR 2010 WORLD CUP

                        (Member’s Statement)

Ms O R KASIENYANE (ANC): Chairperson, the ANC welcomes the commitment by government to protect the local construction companies from the stiff international competition for 2010 construction work. This approach by government was further elaborated upon by the Deputy President during a meeting with India’s business leaders.

In a meeting with the Confederation of Indian Industry the issue of 2010 and the construction work needed ahead of the Soccer World Cup was raised. Mr K Kapila of the Confederation of Indian Industry said they had an interest in the building of stadiums and that their construction skills could help reduce input costs. The commitment by government that this will not be at the expense of the local industry should be commended.

The two governments have set a staggering R12 billion target in bilateral trade by 2010. This commitment will further strengthen South-South co- operation and advance development as we work towards the defeat of global poverty. I thank you.

               DEALING WITH EXTREME DRUG-RESISTANT TB

                        (Member’s Statement)

Dr R RABINOWITZ (IFP): Chairperson, the IFP views with dismay the cavalier manner, bordering on negligence, in which the national Department of Health has responded to the latest TB crisis. The emergence of a highly resistant and deadly strain of TB deserves urgent responses at the highest level to be implemented with immediate effect. This drug-resistant form of TB is transmitted horizontally and does not necessarily arise in persons previously on TB treatment.

It is highly contagious and no drugs in South Africa are currently registered or available for its treatment. It cannot be identified by means of the current two-TB-slide examinations and requires special sputum culture to be identified. It will run a swathe through people who are HIV positive and even those on antiretroviral treatment. It will also affect health workers, families and fellow workers of persons infected by this deadly form of TB.

To contain it requires strict isolation, barrier nursing, quarantining and treatment. Fortunately, the medicines to which it is sensitive are available overseas. They are not available in South Africa and are massively expensive, running to hundreds and thousands of rands per patient. They could become available through the generosity of international TB organisations.

We appeal to the national department to act decisively and effectively to cope with this resistant TB and to the health fraternity, including doctors, nurses and scientists, to lobby government vigorously to do so. [Time expired.]

                ACHIEVEMENTS IN SA ECONOMY COMMENDED

                        (Member’s Statement)

Mr B A MNGUNI (ANC): Chairperson, the ANC-led government inherited an economy shaped by colonial dispossession and apartheid, which resulted in huge inequalities and increasing poverty, rising unemployment and unsustainable government debt. Despite this legacy, the ANC-led government has made great achievements.

This has also been confirmed by the International Monetary Fund’s executive board, whose recent Article IV consultation report observes that our country is supported by well-designed macroeconomic policies and structural reform, inflation has remained within the target band and employment has increased. Our public finances are sound and international reserves have been rebuilt. The IMF further supports government’s goal of rising growth and reducing unemployment. The IMF also supports the initiative aimed at the reduction of wealth disparities, including land reform and black economic empowerment.

We commend government on these achievements and call on all sectors, particularly the private sector, to ensure that all South Africans share in the country’s wealth. Thank you.

       TRADE RESTRICTIONS ON CLOTHING AND TEXTILES FROM CHINA

                        (Member’s Statement)

Mr L B LABUSCHAGNE (DA): Chairperson, the Deputy President’s hostile warning to clothing retailers not to circumvent the trade restrictions on clothing and textiles from China is a tacit acknowledgement of how flawed these measures are. If the restrictions really helped the workers, the DA would support them, but they do not.

The restrictions will be completely ineffectual without an accompanying industry development plan and will not be able to create jobs sustainable after the two-year restriction period has lapsed. If South African clothing retailers do not seek out substitute products from competitive clothing and textile manufacturing markets, the trade restrictions will merely have the effect of a false economy in which hard-pressed local consumers will be forced to pay inflated prices for clothing.

The average South African does not have the luxury to travel to international shopping destinations such as Dubai to buy their clothing. To suggest that such action by retailers should be viewed as treason is profoundly hypocritical and boils down to nothing other than a cheap intimidation tactic to score in a succession race by the vulnerable ANC ruling faction.

This statement has resulted in negative international publicity and will do South Africa no good.

                    THE FIGHT AGAINST CORRUPTION

                        (Member’s Statement)

Mnu N B FIHLA (ANC): URhulumente oxhuzula imikhala nokhokelwa ngumbutho wesizwe i-ANC kwezinye zezibhambathiso esazenza nabantu kukulwa urhwaphilizo, siluncothule neengcambu. Iqumrhu elikhethekileyo labaphandi okanye ispecial investigation unit elasekwa ngowe-1996 ukulwa norhwaphilizo kubasebenzi bakarhulumente likwaziwa njengesikhotsholo okanye i-cobras ngabula makhumsha, liye lathi thaca ingxelo yalo yonyaka phambi kwale Ndlu yoWisomthetho yeSizwe,ingxelo leyo ebonakalisa ukuba kulo nyaka-mali ka- 2005/2006, izikhotsholo ezi ziye zasindisa imali kuRhulumente ekuma-300 ezigidi zeerandi.

Le mpumelelo idandalazisa ukubaluleka kwentsebenziswano phakathi kukaRhulumente nabantu ngokubanzi. Thina singumbutho wesizwe i-ANC, siya kuthi gqolo sibambisana nabantu ngokulwa ubuqhophololo. Ndiyabulela. (Translation of isiXhosa member’s statement follows.)

[Mr N B FIHLA: Among the undertakings that the ANC-led government made with the people, there is one to fight and uproot corruption. A special investigation unit, also known as the Cobras, was established in 1996 to fight corruption amongst government employees, and before this House, the National Assembly, it presented its annual report which indicates that during the 2005-2006 financial year the special investigation unit managed to save about R300 million of government funds.

This success clearly portrays the importance of a good working relationship between the government and the public. We, the ANC, commit ourselves to continuously working with the public in the fight against corruption. I thank you.] AFFIRMING BONDS OF FRIENDSHIP BETWEEN CUBA AND SA

                        (Member’s Statement)

Mr G LEKGETHO (ANC): Chairperson, earlier this month the Sikhumbuto Wall of Names was officially launched at Freedom Park in the city of Tshwane. One of the participants was Esther Armenteros, the ambassador of Cuba.

Her presence was further affirmation of the historical bonds of friendship between Cuba and South Africa. The inclusion on the wall of 2 107 gallant Cuban soldiers who fell in the Southern African region is a profound reminder of the need for us to fulfil our international solidarity obligations.

This event serves to awaken us to the fact that internationalism requires the highest level of political consciousness. We commend the ANC-led government for its outstanding leadership in creating symbols for recognition of the heroes and heroines and internationalists who contributed selflessly to our liberation.

The practice of providing support towards liberation of the oppressed and the exploited societies with expectation of material dividends after the liberation has always been questionable. Cuba rose above such dubious conduct and supported our struggle without any ulterior motive, except to advance global peace and human solidarity. [Time expired.]

                 EMPLOYMENT EQUITY COMMISSION REPORT    IMPACT OF AGREEMENT BETWEEN SOUTH AFRICA AND CHINA ON TEXTILE INDUSTRY
                            STAKEHOLDERS

                        (Minister’s Response)

The MINISTER OF PUBLIC WORKS: Hon Chairperson and hon members, I must say that the comment on the release of the report of the Employment Equity Commission helps us to monitor how far we have gone in terms of the transformation of our society. Indeed, it is correct that, time and again, we must assess what progress we are making and the challenges we are facing. I hope that, collectively, we will be able to reflect on what more we may need to do to ensure that our employment environment does take into consideration our demography as a country.

As a member of Nedlac, it may be important for me to reflect on the statement that was made about what the Deputy President said at that conference. I understand that maybe the choice of words might have created some challenges to the public, as mentioned by other hon members when they referred to treason.

I think we all remember that the issues around textiles and the interventions that have been made did not just come out when the agreement was finally signed by China and South Africa but involved labour, in connection with finding what solutions could be made to ensure that we retain jobs and also to ensure that we keep this important industry in our economy.

That has not been made at the expense of the challenge faced by retailers. Even during Saturday’s Nedlac summit, when the Deputy President reacted on this issue, she did indicate, as all other members in the summit did, that we need to look at what the unintended consequences could be that might arise as a result of this agreement, engage the retailers, and acknowledge some of the negative impacts that they might feel.

My own view is that the Department of Trade and Industry has committed itself to engaging the retailers in this regard. I think it is important for us not to doubt whether the agreement can work, but rather to find a way in which we can make it work such that it gives us relief - not just from the employment challenge, but also from the industry perspective; and on how we can ensure that, as a country, we do not lose our edge on this important industry, the textile industry. Thank you very much.

          MEASURES FOR CONTAINING EXTREME DRUG-RESISTANT TB

                        (Minister’s Response)

The DEPUTY MINISTER OF HEALTH: Chair, I want to say thank you to the hon member Rabinowitz for raising the issue of the emergence of extreme drug- resistant TB in our country. As you know, this is a worldwide problem. All over the world we have cases of this strain of tuberculosis.

I want to assure the member, and I am certain that the Minister of Health will be making an announcement very soon, that we are taking all necessary measures as the department to contain this disease. I think I should let the member know that the Minister is working around the clock on this issue.

Just yesterday, top managers in the Department of Health were sitting and looking at the problem. On Friday a meeting will be convened by the director-general which will be attended by HoDs from all provinces. Also at that meeting will be specialists who have the know-how regarding the treatment of this extreme drug-resistant strain of TB.

I want to assure you that the drugs are available in the country. The Registrar of Medicines is doing a search to see which drugs are not available in the country, and to see how we can get them and register them. Indeed, we are all very concerned about this.

The extreme measures that you mentioned, of quarantining the patients, are something that we are also looking at. You must remember that, in terms of the Constitution, there are certain rights that patients have which we can’t take away. We are looking at this as an emergency matter. Thank you for your concern.

               OWNERSHIP OF LARGE NUMBER OF BUSINESSES
                      OPPORTUNITIES FOR TENDERS
                        (Minister’s Response)

The MINISTER OF EDUCATION: Chairperson, I note with some interest that the statements that have been made by hon members seem to be derived from information contained in newspaper reports. I think that makes the opportunity of making statements rather a peculiar process because it means we don’t do research for ourselves, we don’t check and we are not really focusing on what we had been told was a focus on government’s execution of its programmes and that this will be a commentary by members to address this particular aspect.

Nevertheless, given that we are drawing our information from newspapers, allow me to say that, indeed, nobody in the country would welcome the formation of new monopolies. Therefore, regarding the hon members who object to persons having a large number of businesses, we would say, if, indeed, they hold this as a principle, let us have that principle applying across the entire business sector.

I recall that, in our country, many businesses have a role in gold, platinum, diamonds, property, financial services, etc. If our principled view is “one business, one person,” let us hold it throughout. Let us not be selective in identifying individuals who hold positions in the ruling party. Let us not be selective by identifying only them, if indeed it is a principle. If it is political posturing, then we will be selective in our approach. However, if it is a principle, then everybody with large numbers and diverse numbers of interests would be called upon to unbundle them and share them out. On that, yes, we might agree, but if it is selective, certainly, we will not accept that selectivity.

All of us in government spheres are enjoined by our Constitution to ensure that all our people enjoy an opportunity to participate in opportunities for tendering with respect to government business. Therefore I don’t think we would have any agreement that any sphere or council should prevent access to opportunities for tenders concerning persons who previously had been denied such opportunities. So, we would reject any such exclusion with the contempt it deserves. I thank you.

                     THE QUESTION OF UNBUNDLING


    THE ROLE OF COMMUNITIES IN RESOLVING CASES OF SERIAL KILLING


                        (Minister’s Response)

The MINISTER FOR THE PUBLIC SERVICE AND ADMINISTRATION: Chairperson, as a first point, I would want to reiterate what the Minister of Education has stated with confidence, regarding those Members of Parliament who have suggested the unbundling. I am sure, Minister, you will agree that they probably meant unbundling across the economic sector as a whole. I think we would love to see that in operation.

As they have articulated that here, today, we would like them to start this campaign that will unbundle across the economic sector. It would be an interesting campaign to watch. It would also be interesting to watch how their influence may rise or fall around the unbundling question.

Having said that, I would also want to welcome the input that was made by hon Rajbally. She quite correctly pointed out that, in relation to the issue of serial killing and much as it is reflected as quite high in South Africa, the fast response was seen as very positive. What we must endorse is the fact that we need to look at interventions in dealing this particular phenomenon.

I think we need to ensure that communities play their role to facilitate the interventions that will contribute towards prevention, because this is also linked to the social realities that are there. We need to ensure that as we deal with combating it, we don’t only look at services that intervene from this side of government, but we also look at the very strong community role and interventions that will help strengthen and rebuild communities in dealing with this. I thank you very much.

SPECIAL INITIATIVES REQUIRED TO ALLEVIATE POVERTY, WITH REFERENCE TO YOUTH AND RURAL COMMUNITIES

                      (Subject for Discussion)

Mrs I MARS: Deputy Chair, hon Deputy Minister and colleagues, the fact that poverty is pervasive in our rural community and among our youth, cannot be a subject of dispute. Members know the figures that paint a deeply depressing and disturbing picture of the effects of poverty. It affects millions of our citizens, and members of this House see these figures translated into a daily reality in their constituencies, the provinces and elsewhere.

We must note here that this is not only a South African problem, but it is a global trend. We all know what it means to a mother not being able to feed her children. We therefore know the problems and it’s not necessary to list them today. What is very important, though, for this debate is to acknowledge that poverty transcends party politics. It is a matter that cannot be the exclusive preserve of either the majority or opposition parties.

Poverty must not just be a subject of criticism from opposition parties, nor must it be the majority party defending the progress made over the past 12 years. We acknowledge all this. If those are our respective approaches, very little progress can be made today. It is therefore vital, that today’s debate should take a nonpartisan approach where we, as the representatives of the people of South Africa, can take a collective responsibility to create a positive strategy for the alleviation of poverty. May we say it categorically here, that alleviation of poverty is merely a first important step towards the eradication of poverty.

Therefore, initiatives like those of the Minister of Social Development to review the means test for social grants and the reported approach to Treasury to improve these grants are an example of alleviating poverty. This is a very necessary step that needs to be taken. However, we know that it will not eradicate poverty. That is where we should focus our attention on today. The eradication of poverty in our country is the only answer in ensuring long-term political stability and the survival of our democracy that we all treasure dearly.

Hon members are well aware of numerous programmes and projects that have been and continue to be successful in addressing poverty in a meaningful and sustainable way. It is my call to hon members to share these positive experiences with the House today, so that they can become the collective property of this Parliament. My colleague the hon Peter Smith will relate some of his experiences in India.

I want to close the opening of this debate with a warning. We should not rely entirely on the government and the state bureaucracy to eradicate poverty, rather, the youth and the rural communities should decide for themselves as to what projects and programmes suit their needs best. In this respect, community leaders have an important role to play. They should not just provide leadership, but should at all times follow a practical hands-on approach to the problems of the people whom they lead. It is at this level that a direct partnership with business and local organisation needs to be firmly established.

Let us explore as to how we, as their representatives, fit into the process of finding a long-lasting solution. I thank you. [Applause.]

Mr B A RADEBE: Chairperson, the ANC welcomes this debate. It is an honour for me to participate in this debate, because it gives one an opportunity to reflect on the causal factors that underpin youth underdevelopment and the poverty of the rural communities. According to the World Bank Report of 1995, the contemporary South Africa evolved at the turn of the 20th century from an agrarian setting through the rapid growth of commodity markets that sprung up around major industrial mining centres, urban population centres and commercial agricultural centres. Initially, African farmers and entrepreneurs successfully participated in the growing commodity markets under conditions of relative land abundance, low population size, low production processing and distribution technologies, weak government interventions and relatively undistorted markets. Poverty amongst the majority of the African population group who, at the time was largely constituted of independent producers, was almost nonexistent.

The successive white governments, impelled by social and economic imperatives, transformed the 19th century agrarian society through a two- pronged strategy that set into motion a process that would simultaneously cripple and debar African farming and entrepreneurial development. One part of the strategy was aimed at the white minority population. It enabled and entitled industrialists as leaders and beneficiaries of industrial development. The other part of the strategy was aimed at the African majority and, to a lesser extent, at coloured and Indian people. The strategy was characterised by a list of government policies that created artificial land shortages. Proscribed black participation in land sales and rental markets confined their access to land only in reserves, excluded them from credit markets and denied them access to marketing co-operatives and farmer unions. This strategy further denied blacks extension services, access to public sector investment and subjected them to a rigid and authoritarian state and communal land tenure system. This strategy forced blacks to participate in the labour market via extraordinary taxes and levies, and it forcefully resettled millions to densely populated reserves.

The decline of African farming led to a gradual loss of agricultural and rural capital, wealth, farming and entrepreneurial skills and experience. The process of modern industrial development in South Africa thus became the driving force that created the contemporary poverty and underdevelopment among the blacks in South Africa. They had limited access to education, health and social services. They were as good as being foreigners with limited or no rights to participate in business or trade.

The emergence of the ANC-led democratic order in 1994 was an epoch-making event for millions of the downtrodden rural masses. First, the ANC-led government passed a Constitution that was anchored on a Bill of Rights. The Constitution ensured that every citizen has a right to equality, a right not to work under conditions of slavery, servitude and forced labour. The Constitution further enshrined the right to property, which meant that the state was obliged to foster conditions that will enable citizens to gain access to land on an equitable basis. It further provided that people who had lost land due to past racially discriminating laws or practices, were entitled to restitution of that property or to an equitable redress. The ANC-led government implemented programmes and passed laws that ensure the realisation of these rights. This august House passed the Extension of Security of Tenure Act, the Labour Tenures Act, the Restitution Act and the Communal Land Rights Act, which served as a basis for land reform in South Africa. Through land reform, more than four million hectares of land has been transferred back to the historically disadvantaged rural communities. By December 2005, 68 719 of the total of 79 996 claims lodged, were settled. The outstanding claims which number 10 977, will be settled by

1. The target is that all urban claims totalling 2 922, will be settled before the end of the financial year. The government has so far invested R5,5 billion, which was unheard of because blacks were excluded from public investment.

In the 2004 state of the nation address, President Thabo Mbeki committed the government to redistribute 30% of the prime agricultural land to black farmers by 2014. During the land summit held in 2005, problems that constituted a threat to the target of 30% redistribution were identified, for example, landowners who were unwilling to sell the land, who inflated land prices, protracted land claim cases and long project cycles of land reform projects. All these factors slow down land redistribution process and access to secure land tenure for the poor. The land summit recommended that the willing-buyer, willing-seller principle be reviewed and the constitutionally enshrined expropriation be used as a tool to fast-track land reform. It is appreciated that the Ministry of Agriculture and Land Affairs has ditched this principle. This immediately led to farmers belonging to AgriSA releasing about five million hectares of land to the market. This creates conditions in which the state can fulfil its mandate.

The biggest challenge in land reform remains in the area of tenure reform. According to the report of the Nkunzi Development Association, more than a million farm workers were evicted from the farms. Some of these evictions were violent and included the collusion of some police in the area of Utrecht in KwaZulu-Natal. It is promising to see that some of these farmers and colluding police were charged. Many of these evictions are illegal, because the processes stipulated in the Extension of Security of Tenure Act, or Esta, were not followed. Insecure tenure exacerbates poverty, because people cannot plan their lives properly. There is no provision of education and health services. To deal with this scourge, government must commit more funds to the Legal Aid Board and ensure that the board is accessible to the rural masses. The Esta implementers must be well funded to do proactive inspections and organise education campaigns to ensure that farm dwellers are aware of their rights.

This Parliament passed the Communal Land Rights Act, or Clara, in 2004. This Act provides for the election of land administration committees in the communal areas. These committees are obliged to have a one-third representation of women, youth representation and people with disabilities who are the vulnerable groups in these areas. This Act further regularises the right of tenure of individual households, which enables them to have title deeds for the land that they use for housing, grazing and food production. This will enable these communities to participate in the property market, using their title deeds as security. This will further enable government to survey all the land in the communal areas, which will make it easier for local government to plan and provide bulk infrastructure services like water, electricity and roads. It is estimated that R8,5 billion will be invested in the implementation of Clara. This will be a huge economic investment for these historically disadvantaged areas.

This motion also deals with the underdevelopment of the youth. First, it will be wrong to assume that all youths in South Africa are underdeveloped. According to Stats SA, the youth who is likely to be unemployed and underskilled is the black youth. It is not a co-incidence, because Bantu Education ensured that the black youth knew their station in life, that is, that they are not equal to their white masters. This was ensured by the apartheid regime that ensured that black students were not taught maths, science and commercial subjects at school. That is why today we have thousands of unemployed graduates.

The system of land dispossession and inferior education provided to the African majority ensured that there was a dual economy in this country. According to President Mbeki, the first economy is modern, produces the bulk of South Africa’s wealth and is integrated within the global economy through appropriate infrastructure like telecommunications, ICT, electricity and proper models of transport. The second economy is characterised by underdevelopment. It contributes little to the gross domestic product, contains a big percentage of our population, and incorporates the poorest of the rural and urban poor. It is structurally disconnected from the first and the global economy and it is incapable of self-generated growth and wealth.

To address these gross disparities, the ANC-led government came up with numerous initiatives to fight poverty in accelerated youth and rural community development. As I said initially, the black farmers were denied access to credit. This prevented them from acquiring new equipment and access to markets. In 2004, the President announced the creation of the agricultural credit scheme which was capitalised to the tune of R1 billion. The Ministry of Agriculture launched the Micro-Agricultural Financial Institution of South Africa, or Mafisa, in 2005. The Mafisa pilot project was started in Limpopo, KwaZulu-Natal and the Eastern Cape where there are high levels of poverty. The scheme provided the emerging farmers with the opportunity to take micro-loans between R25 000 and R100 000 for production and market access purposes. The retail centres like the Land Bank, Post Bank, Khula and Ithala were used as points to disburse the loans. Within a period of a year, R90 million worth of loans were disbursed to about 674 applicants.

In the implementation of Mafisa, the Department of Agriculture is retraining all the extension service officers so that they can be able to help the farmers. This will bring about an improved extension service to the historically disadvantaged farmers. I thank you. [Time expired.] [Applause.]

Mr M WATERS: Chairperson, at the outset, can I thank the hon Mars for introducing the debate. The DA welcomes it. We are witnessing a phenomenal growth in children orphaned by HIV/Aids which, according to the report on the costing of the Children’s Act, is currently at 1,5 million maternal orphans and is set to increase to 2,1 million by 2010. Of these children, a staggering 873 000 will be double orphans. In other words, they would have lost both parents to HIV/Aids, resulting in many young girls leaving school to support their siblings. This reinforces the vicious circle of poverty.

The majority of our youth live below the poverty line and face many obstacles in uplifting themselves. The DA believes that South Africa should be a country of hope and of making dreams come true for all who live in it; that it should be a country that is truly alive with possibility. To this end, we have made a number of proposals that, we believe, could have a significant positive impact on the lives of young South Africans.

First and foremost, we believe that as an interim measure, the introduction of a basic income grant would go far in alleviating many of the pressures which poverty brings to bear on our youth and rural communities. At the moment the social welfare system excludes a vast majority of South Africans. If you are an abled person over the age of 14 and up to pensionable age, you are not entitled to a social grant. However, social grants can only alleviate poverty, not eradicate poverty. Only job creation can eradicate poverty.

The basic income grant of R110 per month would not keep young able-bodied workers out of the labour market or overly burden the fiscus. What it will do is give the youth, particularly our young women, access to a little resource to assist them while they are at school and without having them endangering themselves or running the risk of increasing long-term poverty by engaging in unprotected sex and having babies in order to obtain the child support grant, which our committee has heard about.

What we need, is to focus on poverty eradication for all South Africans. However, the suggestions I am going to give today will focus on the youth.

The DA is worried about the fact that most young South Africans do not get a fair chance at success. Our youth are sold short by an educational system that fails to deliver all the way from Grade 1 to adulthood. Providing access to an adequate education forms the cornerstone of the DA’s drive for greatest social justice and equality of opportunity. Our schooling system should level the playing fields. Our schooling system should enhance and protect every individual’s life chances. Instead, it perpetuates inequality by condemning poor children to a poor education and an impoverished future.

A shortage of qualified mathematics and science teachers at secondary school level has been identified as a major factor inhibiting development. Without better maths and science education, we will not be able to produce engineers, the software developers, researchers and accountants that we need for faster economic growth. Failure to deal decisively with this shortcoming threatens to leave South Africa behind in a highly skilled globally competitive environment.

To address this threat, the DA proposes that a maths and science educational development fund be set up, with a mandate of improving the level of secondary school maths and science education and with securing adequately qualified teachers. The fund would, firstly, identify students going into the third year of study and provide full bursaries to those willing to major in science or maths, complete a post-graduate educational qualification and commit to four years of teaching. Secondly, it would headhunt for maths and science teachers, and thirdly, provide once-off incentives to qualifying persons to enter the teaching profession.

Our programme of opportunity does not end at Grade 12. Those who do not choose to enter tertiary education, or who cannot afford to do so, enter the labour market with few marketable skills. Most employers look for some form of work experience, but because young South Africans cannot break into the labour market in the first place, they have no way of acquiring that experience.

The DA believes that every young South African should have the opportunity to make an economic success of his or her life. To this end, we propose a series of reforms on educational system, as well as the introduction of the opportunity voucher which can be used by school-leavers to subsidise tertiary studies, apprenticeships or even entry-level employment.

By giving school-leavers a fighting chance at success, we hope to break the circle of unemployability that starts with inadequate secondary schooling and sets in with the first few years of unemployment, being after school.

Opportunity vouchers are all about choice. The DA will provide matriculants with vouchers to the value of R4 500 per annum for three years after leaving school. These vouchers can be utilized in a variety of ways: to pay towards university or any recognised tertiary education; to subsidise an apprenticeship or learnership; to subsidise a newly formed small business, or to be handed to employers to subsidise initial employment.

If young learners know they can look forward to better prospects after matric, we believe more of them will decide to finish their secondary schooling. Our plan for more opportunity is not confined to the classrooms and lecture halls, but also expands to the shop floor. We believe that workplace training is an important means of increasing productivity and improving the individual worker’s life prospects. Unlike the government, we do, however, believe that private sector rather than the state should drive workplace skills development.

An investment in our youth is an investment in the fibre of society and in the power of our economy to grow. The initiatives suggested here, are investments in our youth that are completely affordable for us, as a country, and are sure to have a huge impact on theirs and therefore our lives. There are no reasons why these incentives cannot be implemented to good effect. I thank you. [Applause.]

Mr P F SMITH: Thank you, Chair. Colleagues, I want to use a few minutes I have at my disposal to make reference to a recent study tour I made to Kerala in India, as a member of the Portfolio Committee on Provincial and Local Government. I do this because I think there are lessons applicable from Kerala that we may wish to consider for South Africa.

Firstly, you do not have to be rich to address poverty, though presumably it helps to have resources. Kerala’s experience demonstrates, quite clearly, that success in addressing poverty is not dependent upon strong economic growth, and that even modest performance can underpin high levels of social redress. South Africa’s problem, we know, is less one of finance than it is of capacity to spend. Put differently, imaginative programmes need to be substituted for processes based on throwing money at a problem.

Secondly, local is lekker. What Kerala demonstrates amply is that a lot happens at the local level. Despite national and state programmes and state support, the local level plays a key role in alleviating poverty. This is evident in the extensive competencies of municipalities including housing, public works, education, agriculture and social services. It is evident in the strongly participatory community culture, as well as in the executive powers, not merely advisory of the village councils, which are active role- players, particularly in the identification of beneficiaries of welfare. The message here is that there is scope to improve our municipal framework and our participatory framework.

Thirdly, there is an active partnership required between the different spheres of government and between government and other institutions as well. In Kerala, the state poverty alleviation programme, which is focused entirely on the family rather than on individuals, draws in national rural financing agencies, commercial banks, international agencies and, of course, local government.

The community organisations in the rural areas in Kerala alone total 105

1. These community organisations play a key role in alleviating poverty. Initially, too, very interestingly, they focused entirely upon the provision of consumption activities, daily necessities. At present their focus is, in fact, on income-generating activities, which is the fishing rod rather than the fish. I think, here again, there is something that we should look at, see what they are doing and how they are achieving what they are.

Fourthly, special steps are taken in Kerala to address the destitute who may not be benefiting from other antipoverty programmes. In Kerala there are very imaginative ways of defining the destitute -equivalent types presumed to our indigent - and, interestingly, income is not a criterion. Furthermore, once a destitute family has been identified and approved by the village assembly, that family is visited by trained volunteers to assist them until they are no longer destitute and a tracking system is put in place to monitor progress.

Fifthly, and of great importance, is the focus on the role of women. It is obvious that women’s participation in Kerala, particularly in local government, is mainstreamed. But far more significant than that, is that there are many thousands of women’s community-based self-help groups, structured on one member representing between 15 to 40 families. In Kerala, the fight against poverty is almost entirely women-centred. The argument raised there, and it seems valid, is that women’s participation and women’s upliftment are the key to uplifting the community as a whole; and it works for women, children and youth, and it is particularly prevalent to the rural areas. These are some of the points I picked up in Kerala and I think we should be able to consider them here. Thank you. [Applause.]

Mr L W GREYLING: Chairperson, I have only a minute to put forward the ID’s suggestions on combating youth and rural poverty. Firstly, the government needs to prioritise the rural areas and develop a comprehensive rural development strategy. Such a strategy must put emphasis on rural people’s livelihoods and how their natural asset base can used to deal with the worst effects of poverty.

I have seen places of despair and malnutrition turn into thriving and healthy areas through the simple provision of training in organic agriculture. It is not the grandiose development schemes dreamt up in some far-flung government offices that will provide the best form of development for rural communities, but the placing of rural communities at the very centre of any development effort. These communities need to be listened to and given tangible support by government to bring forward their own local vision for development.

Rural communities also need to stop being treated as second-class citizens and government must ensure that they get the services they are constitutionally entitled to. This will prevent the needless deaths of many children and pregnant mothers through diseases of poverty.

It should also be a source of shame to this government that 4 000 schools in South Africa do not have electricity and 2 500 do not have water, let alone libraries, computers and Internet connections.

The inequality of education in rural areas is dooming another generation to poverty and we have to address this if we are going to alleviate poverty in the long run. I thank you. [Time expired.]

Mrs C DUDLEY: Chair, employment is an obvious key to alleviating poverty which is a primary concern when it comes to youth. Why is this proving so elusive? Unemployment has become so firmly entrenched that it will take more than a wish and a prayer to dislodge it. Great numbers of South Africans are simple excluded from productive participation in economic activity, with tragic consequences, including crime and disease.

A recent interesting comment by Temba Nolutshungu, a director of the Free Market Foundation, suggests that the bold and creative ideas needed to address this situation adequately are likely to be unpopular politically. Nolutshungu referred to a booklet, “Jobs for the Jobless” by Eustace Davie, in which it proposed that a special certificate of exemption be instituted in terms of which exemption from the provisions of labour legislation should be granted to people who have been unemployed for a period of over six months. This could facilitate entry into the labour market for both skilled and unskilled people, creating more opportunities for youth to gain much-needed experience.

The ACDP is of the opinion that in both rural and urban communities, initiatives centred on working with markets that draw on existing activities among the poor, have proven beneficial and should be encouraged. Thank you. [Time expired.]

Mr I S MFUNDISI: Chairperson and hon members, there is no negation in the statement that education is a weapon of development and therefore all the vulnerable, the youth, the disabled, women and all those who live in the forsaken rural communities, need education. They need to be educated to be thrifty. It has been proven that education, however elementary, is indeed helpful to people and enables them to perform their duties better.

To this end, it will be in the interests of all South Africans to assist in setting up rural microfinance structures for poverty alleviation. It is such programmes that will assist those who are so vulnerable to be trained in saving and lending activities to empower them economically. The strengthening of literacy and mathematics skills will surely enhance the chances of leading a better life.

The UCDP is on record as saying that labour-intensive programmes should be introduced to ensure that all live by the sweat of their brows. We do not really accept the doling out of social grants ad infinitum, as they tend to turn such people into perpetual hangers-on. I thank you.

Ms N D NGCENGWANE: Thank you, Chairperson. Hon members, the fact that we are here today, debating initiatives required to alleviate poverty, shows that the ANC did not fight for democracy in vain, but taught every individual in this country, yes, every individual, even in this House, that poverty is everyone’s business.

Indeed, it is everyone’s business to restore the dignity of our people who suffered enough during the apartheid era. After stripping and dispossessing the Africans of their land, poverty became the order of the day. We never heard anything about poverty before the colonisers invaded our country and robbed people of their land and livestock.

South Africa ended up having two economies, the first and the second economy. Indeed, we ended up having two nations in one country, one nation filthy rich and the other desperately poor.

It was only after the democratically elected ANC-led government came to power that poverty alleviation policies and programmes were made the number one priority on the agenda. The President’s pronouncements on interventions were reiterated from top management right down to the most junior official in the departments.

Hon members, in his state of the nation address President Mbeki had this to say, and I quote:

At the core of our response to all the challenges of government is the struggle against poverty and underdevelopment, which rests on three pillars, namely encouraging the growth and development of the first economy and increasing its possibility of creating jobs; implementing our programme to address the challenge of the second economy; and building a social security net to meet the object of poverty alleviation.

Hon members, it is in this context that Public Works came up with the following interventions. The Expanded Public Works Programme is an initiative that seeks to implement short- to medium-term programmes aimed at the provision of additional work opportunities together with training. All spheres of government and state-owned enterprises are required to make systematic efforts to target the unskilled, the unemployed, the poor, the youth and women in particular.

The EPWP, as part of the strategy to alleviate poverty effectively has been divided into various forms in an integrated programme, which cuts across various departments to promote interdepartmental relations. The first is the Comprehensive Agricultural Support Programme – Casp - which includes the building of dams for livestock, the building of infrastructure for dipping services, irrigation infrastructure, and the fencing off of livestock from our roads, thus eliminating accidents.

Regarding transport infrastructure, the construction of rural roads that connect provincial roads should be more labour intensive and should target the unskilled and the unemployed, especially the youth and poor communities. We should build on existing initiatives, such as the Zibambele Road Maintenance Programme in KwaZulu-Natal, the famous Gundo Lashu Road Construction programme in Limpopo and the Zivuseni building and maintenance programme in Gauteng.

The Working for Water programme includes the removal of alien vegetation that could create problems for livestock, and the labour-intensive construction of water pipelines for the community water supply and sanitation programme under the Department of Water Affairs.

With regard to the land care programme, degraded soils and dongas should be taken care of by Public Works in the environmental sector.

Hon members, you must understand that all these programmes are labour intensive, the main objective being job creation.

Coming to Integrated Development Planning or IDP, the municipal infrastructure grant, the MIG, and the provincial infrastructure grant, the PIG, as you can see all government departments are working together to eliminate poverty, not simply to alleviate it. We are doing our best to rectify the wrongs of the past. As you all know, apartheid planning left us with cities and towns that have racially divided business and residential areas; are badly planned to meet the needs of the poor, with long travelling distances to work and poor access to business and other services; that have great differences in levels of service delivery between the rich and the poor and have sprawling informal settlements and spread- out residential areas that make cheap service delivery very difficult.

The Integrated Development Plan is an approach to planning that involves the entire municipality and its citizens in finding the best solutions to achieve good long-term developments. Through the effective use of scarce resources, it helps to speed up delivery and to attract additional funds, it strengthens democracy, helps to overcome the legacy of apartheid and promotes co-ordination between local, provincial and national government.

It is through the National Public Works Programme that the government advances and transforms the delivery of infrastructure to meet the physical and social needs of the poorest of the poor, found in the rural areas in particular. Training is achieved through human resource development, in terms of which jobs opportunities are created for the country’s poorest communities. Construction industry development boards, or CIDBs, aim to achieve maximum impact in terms of the economic and social objectives in the construction industry.

Hon members, a lot has been done by the ANC-led government. The SA Women in Construction Association, which aims to empower women participating in construction projects, is excited about the conference it will host later this year. We have more than 1 000 registered members, but the challenge remains tapping into the rural areas to determine how many more women are operating in those areas.

Construction as a career path is still regarded as a male domain and this is still a challenge for most women. Recently Gauteng women members won a contract to build 10 schools. Amabamba Fencing, a women’s group based in the Western Cape, won a R4,8 million contract to install a high-security fence for a power utility at Eskom’s Koeberg nuclear power station.

In conclusion, hon members, South Africa belongs to all who live in it. It is not only our country, but also our home. Even though we have had our ups and downs in the past, we need to reach out to each other, roll up our sleeves and commit ourselves to the future of this country, regardless of colour, race, gender, class, disability or age. Pulling together, we can do wonders for the future of this country.

As can be seen, our government has programmes and processes in place which are meant to ensure that jobs are created for our people to engage in while employment skills are transferred to them. The core function and responsibility of the Department of Public Works is job creation, poverty alleviation and skills transfer.

Hon members, if we are really serious about restoring the dignity of our people, together we need to put our shoulders to the wheel and improve the quality of life of all the citizens of South Africa. Democracy goes with responsibility. South Africa will only work if Public Works works. I thank you.

Mr R B BHOOLA: Chairperson, we commonly share a vision for South Africa and all our people, and that is a life of poverty alleviation, freedom, success and a comfortable lifestyle. However, the reality is that the volume of victims of poverty and other social challenges is vast and it will take a lot of hard work to turn this vision into a reality.

These initiatives extend between rural and urban projects, and the MF recognises the youth of this country to be a primary tool to transform South Africa into a true democracy, and South Africa as a land of opportunity for all its residents.

However, it is of the opinion that initiatives are not adequately being infiltrated in rural communities, and that the youth in rural communities are not effectively being recruited to develop this new South Africa.

We think it is crucial that members of the House, as representatives of this nation, comb their constituencies and venture even beyond that to endorse efforts of poverty alleviation. Rural initiatives should consider adopting programmes and assume greater responsibility to incorporate youth development among rural communities.

The MF calls on the adoption of rural youth into our provinces to engage them in possible future ambitions and to pave the road to poverty alleviation by reaching out to these communities. Close co-operation with municipalities should also be initiated and facilities created to develop … [Time expired.] Thank you.

Mr B MTHEMBU: Chairperson, hon members, there is abundant evidence that poverty is disproportionately located in the rural areas, and that the level of youth unemployment or lack of sustainable livelihood is unacceptable.

It is for this reason that we welcome the IFP motion to deal with this matter, because underpinning government programmes is dealing with the question of poverty and underdevelopment.

However, the question of the alleviation of poverty with regard to our youth and rural communities needs to be addressed without losing sight of the broader socioeconomic reconstruction and development agenda of post- apartheid and post-colonial South Africa.

In this context, our government has developed a comprehensive and multidimensional strategy that seeks to address poverty and underdevelopment. This approach seeks to alleviate the pain of poverty in the short term. It seeks to reduce poverty in the medium term, and most importantly, to eradicate or eliminate it in the long term. The approach of our government is to respond to the challenges of poverty and underdevelopment within the context of a growing economy. To that end, various programmes are in place which are simultaneously implemented to grow the economy, to alleviate poverty in the short term, to reduce it in the medium term and to eradicate it in the long term.

In April 2004, the ANC was given a mandate to fight poverty and unemployment when the overwhelming majority of the electorate voted in favour of its manifesto.

On 21 May 2004, the President unveiled the government’s comprehensive programme of action to address the challenges of poverty. This comprehensive programme rests on three pillars, as my colleague has already pointed out.

Alleviation of poverty is a short-term approach in addressing the burden of poverty, not to deal with the fundamental causes of poverty. To this end, the government has built a social security net. This programme, among other things, includes free basic services such as water, electricity and sanitation to all our people. It also includes scholar transport and school nutrition.

The challenge is the fact that the programmes are there. The problem is with implementation. It is in that instance that we as public representatives will need to make sure that these programmes are in fact translated into reality.

Our government believes that we cannot build a society in which large sections depend on social welfare, because this is not sustainable. In the medium to long term, the government has a programme to intervene in the first and second economy, improving sustainable livelihoods and creating work to ensure that over time a small proportion of society, in particular the most vulnerable, subsists solely on social grants. This is in the medium term to long term. We need to reduce the number of people who depend on social grants by getting them to participate in the economy.

Our government believes this approach will increase the resources available for human capital, and is thus moving away a large number of people who are still within the paradigm of poverty alleviation.

The reduction of poverty involves addressing the structural deficiencies of our economy, namely the question of ownership. As long as only a few in our country own the land, while the majority are landless; as long as only a few own capital, while the majority have no access to capital, we will have problems. As long as only a few have the most human capital, education - unfortunately those who are rich have the best education - skills and knowledge, it will not be possible for us to address this question. Hence, the approach of the government is to deal with these fundamental structural deficiencies through land reform, transformation of education and by making finance accessible to those who definitely need it.

It is only in this context that we will be able to bring the majority of the people to participate meaningfully in the economic activities and thus enhance their dignity and self-esteem and respect, rather than being dependent on the state.

I need to emphasise that the eradication of poverty also involves our active participation in the global progressive movement that seeks to create a new world order that is more equitable and responsive to the needs of the poor of the world who constitute the overwhelming majority of humanity.

We cannot succeed alone in this global village in which interdependence is very important. I wish to quote the words of James Speth, in his foreword in the 1997 Human Development Report:

Poverty is no longer inevitable. The world has the material and natural resources, the know-how and the people to make a poverty-free world a reality in less than a generation. This is not wholly idealism, but a practical and operationally achievable goal.

As long as the current world order persists, where a few nations, especially in the West, dominate trade, the majority - billions of people – will be living in abject poverty. In this context of interdependence, we will need to make sure that we bring about a world order which is equitable; a world order which is concerned with humanity; a world order where we remove greed that feeds few, only in that context will we move forward to ensure that the vision and the ideal of eradicating poverty will prevail, and there will be peace, prosperity and promoting humanity. I thank you. [Applause.]

The DEPUTY MINISTER OF SOCIAL DEVELOPMENT: Chairperson, hon members, hon Mars, thank you. The ANC welcomes this debate. We agree entirely with your view of the need to find sustainable solutions to poverty eradication. In closing the debate, I wish to reiterate what previous speakers have stated with regard to poverty alleviation initiatives for youth and rural communities, and combine this with what the Department of Social Development and the government overall is inclined to do.

The gap between the rich and the poor, and the fact that the majority of the poor is black and rural, necessitates that we acknowledge the culpability of our past government with regard to separate and unequal development. We look with hope to the future where the ANC’s manifesto of a better life for all is, indeed, slowly but surely becoming a reality. Having said that, we also acknowledge that poverty is a global phenomenon which needs solidarity amongst nations for a just and equitable world order.

Poverty remains one of the salient and most onerous challenges facing South Africa. Rural areas account for a large proportion of the population and are really represented in the first economy. It is estimated that 28% of all households and about half of the total population lived below the poverty line in 1995, according to Statistics SA. This would invariably have impacted on the lives of youth with regard to their access to basic services, including schooling and skills training and opportunities for jobs and earning an income.

Youth development is part of a government-wide programme that includes skills development and employment creation. As was stated by previous speakers, various departments have made great strides into poverty alleviation for youth and rural communities. While the challenge of creating full employment and decent jobs are addressed in the longer term through accelerated growth, the short-term strategy includes improved social economic equity, gender equality, enhanced buying power, integration into civil society, social protection, social dialogue, employment creation and appropriate remuneration.

The ANC-led government’s approach to youth development, rural development and human development in general, is encapsulated in the mandated Reconstruction and Development Programme, the RDP of 1994, as well as the 2004 Employment and Poverty Manifesto. More recently, given the need for a more robust approach to service delivery and resource distribution, government has embarked on an Accelerated and Shared Growth Initiative for South Africa, Asgisa. Indeed, significant achievements have been made over the past 12 years. This is seen by the strides we have made in the area of growing the economy that will be shared by all, and the accelerated delivery of basic social services like access to electricity, water and social grants to millions of people who have no other income.

Indeed, this has opened huge opportunities for us to enhance social integration, social justice and social cohesion with regard to the youth. Asgisa emphasises the government’s intended vision of an integrated and sustainable approach to people-centred development. This is absorbed in initiatives pertaining to sustainable livelihoods where people become self- reliant and capacitated with skills, employment and the necessary resources.

In the context of Asgisa, the focus is on priority and scarce skills, which include artisans. A new institution, established in the month of March, is the Joint Initiative for Priority Skills Acquisition, Jipsa. The structure is led by the Deputy President and a committee of relevant Ministers, business leaders, trade unionists and education and training providers or experts. Its job is to confirm the urgently needed skills and find quick and effective solutions.

The National Youth Service is co-ordinated by the Deputy President, which shows the importance that government has attached to youth development. The ANC-led government has put several institutions and programmes in place for youth development, as epitomised by the National Youth Commission and the Umsobomvu Youth Fund. The Department of Social Development’s intervention to alleviate poverty has since 1994 been through the provision of income poverty programmes, namely the means-tested income grants.

More recently, through its own programmes in the Expanded Public Works Programme, which include the training of home and community-based care workers, probation officers supporting various income-earning initiatives like coffin-making, arts and crafts, vegetable gardens and a variety of other activities support is offered. These interventions have their own limitations, yet they go some way in alleviating poverty. Other programmes that the government has initiated include learnerships, skills development, broad-based black economic empowerment programmes and the national youth service programmes in partnership with the Umsobomvu Youth Fund.

The Department of Social Development is currently finalising the youth development plan which will ensure that we build capacity at national, provincial and local levels. That will improve planning, mainstreaming and integration of youth into programmes and scale up youth programmes in the Medium-Term Expenditure Framework, MTEF, to reach as many young people as possible, both in rural and urban areas.

Hon member Smith may know that the Department of Social Development has its own sustainable livelihood directorate, which is anchored on the conviction that development encompasses people’s real lives, drawing localised development strategies from their daily struggles of survival. The goal is to find a proper fit with what the community needs and it creats development parts that are adaptable to those needs and aspirations which are determined by the communities themselves.

The directorate submitted the belief that grants are an important facet in the noble cause of alleviating poverty. However, grants alone are not enough and may end up creating even more problems such as dependency and the underutilisation of the productive work force, hence the drive to link grants to sustainable livelihoods. In an attempt to mitigate poverty in a sustainable fashion, the directorate is currently on a massive drive and campaign to link social grants to sustainable livelihoods.

Silindithemba Rural Development Project in Dutyini is an agricultural project located in the OR Tambo District Municipality, which is one of the nodal areas. It started on 1 September 2005 during the Child Support Grant. A questionnaire was developed where members of the community of Dutyini defined, in their own version, what poverty is, what obstacles retard them from extricating themselves from poverty.

The community also identified ways in which they can alleviate the squalid conditions in which they find themselves. This process led to the formation of Silindithemba Rural Development Project. It has about seven subprojects which include poultry farming, sewing and crafts. This idea of linking grants to sustainable development is progressive in that it makes people self-reliant while they synergetically participate in the economy. It is intended to be replicated in Mpumalanga, the Free State and in the Northern Cape province, which are also nodal areas.

In conclusion, notwithstanding the fact that the lives of many young people have changed, there is still many youths in our country who are faced with many complex challenges like poverty, HIV/Aids, the need for economic empowerment, skills development, meaningful integration into all development programmes and last but not least, better access to government social services.

In order to address these critical socioeconomic challenges in an integrated and sustainable way, it is imperative that the youth become an integral part of these programmes and ensure that they, indeed, work for the benefit of the youth and the country as a whole.

Linking grants to sustainable livelihood has a massive potential to promote self-reliance and to act as a long-term solution to poverty alleviation in rural as well as urban areas. Progressive thought and actions are in order for rural areas to develop. We have to build and uplift our rural communities by twinning agrarian land reform and creating capacity for light manufacturing also, so that rural people are not solely reliant on agriculture as a means of income. The challenge facing us now is for all three tiers of government, business and communities to play an active and integrated role in the development of youth and the rural communities.

Awards given to our people, who have successfully turned their lives and those of others around, are there for all to see. Every year there are hundreds of awards that are given. Just recently, as an example, the Department of Land Affairs gave an award to a woman farmer who saved R3 000 of her grant money and after that she began farming. She then cancelled her own grant, because she didn’t need it any more. Today, she is assisting others and showing them how to become self-sustainable. It is stories like these that show us, indeed, that today is better than yesterday and tomorrow will be better than today. Thank you. [Applause.]

Mrs I MARS: Chairperson, first of all I would like to express my sincere gratitude to all members who have made a positive contribution to this debate. It is clear that many members agree that the needs of the poor should be paramount in our daily work as parliamentarians. Perhaps now is also the correct time to do a comprehensive audit of outstanding needs on youth and rural communities, so that the findings could inform our future action and intervention.

Yes, we have excellent policies and we support them fully and we also know the difficulties in the implementation of many of our policies. However, we still have an enormous deficit and it is this deficit that we wanted to address in this discussion. We therefore thank Mr Mthembu for his input and I also want to express my appreciation to the Deputy Minister for her very constructive remarks. Thank you very much. However, I would need to stress again that we should not rely solely on intervention by the government to eradicate poverty.

The youth and rural communities need to have a major say in how their plight is addressed while we, the parliamentarians, can use the resources that are at our disposal in a co-ordinated and a co-operative manner in order to make a positive contribution to the lives of millions of our citizens. I think, particularly, the Deputy Minister has made it quite clear and we agree with her. There are many very good interventions in place and she has also acknowledged that there is a deficit. All we are trying to do with this debate today was to see how we can assist and how, generally speaking, we can all be part of eradicating poverty in South Africa. I thank you.

Debate concluded.

CONSIDERATION OF SIXTY-SEVENTH, SIXTY-EIGHTH, SIXTY-NINTH, SEVENTIETH, SEVENTY-FIRST, SEVENTY-FOURTH AND SEVENTY-FIFTH REPORTS OF STANDING COMMITTEE ON PUBLIC ACCOUNTS

Mr N T GODI: Chairperson, comrades and hon members, it is both a pleasure and an honour to present the following reports on behalf of the Standing Committee on Public Accounts. These reports are the products of the hard work and commitment by Scopa to the full implementation of the Public Finance Management Act and the political imperative of service delivery to the people.

The 67th report is on Scopa’s concern about the lack of uniform norms and standards on salary levels, especially bonus payments in public entities. We are recommending that the Auditor-General should investigate and report to Parliament on this matters, but also that National Treasury, together with the Department of Public Enterprises, should review the adequacy of existing guidelines on these issues, as well as compliance with the Keehn Report on Corporate Governance Codes.

The 68th report is on Scopa’s concerns about the non-filling of funded posts and government departments. We recommend that the Auditor-General should investigate and report on these issues, but also that the National Treasury, together with the Department of Public Service and Administration should review the relevant policies and guidelines on salaries and the filling of funded posts.

The 69th report concerns the unauthorised expenditure of the Government Communication and Information System. It is an unauthorised expenditure for the year that ended on March 1997 and relates to an amount of R1,698 million. R400 000 was incurred when the GCIS’s then accounting officer disregarded tender procedures. Scopa recommends that the amount be written off. This includes writing off the debt from the GCIS books. The state did take legal action against the then accounting officer and got a default judgement. So far the said gentleman does not have any realisable assets to recover the losses incurred by the state. Scopa, however, recommends that the High Court judgement should continue to apply until such time that the 30 years period lapses, which means if he is able to own property, the state can recover its losses within the 30-year period. That could be done.

The 70th report is about the unauthorised expenditure in the Department of Agriculture. It relates to an amount of R663 000 incurred in the financial years 1998-99 and 1999-2000. Scopa recommends that Parliament should approve the amounts since there was no loss to the state and those responsible were reprimanded.

The 71st report is on the Department of Communications. Scopa is happy with the unqualified audit report, except for concerns pertaining to the internal audit and asset register. Scopa would like the department to send Parliament a report within 60 days, stating which measures are being taken to address the above issues. The 72nd and the 73rd reports are unqualified and clean reports of the Engelburg House Art Collection and the Education and Labour Relations Council. Scopa hopes that their future audit opinions will be equally unqualified.

The 74th report is on the Department of Transport. The report arises out the hearing that Scopa had with the department on issues contained in the report amongst which are the following: The contract for the production of the credit card drivers’ licences format. After Cabinet’s approval of the above, the Department of Transport, in conjunction with the service provider in question, opened two operating accounts in the name of the service provider. There was no proper recording of transactions and no proper internal controls to ensure that invoices of the service provider were properly checked and authorised.

On the basis of the above and others contained in the full report in your possession, Scopa recommends that the Department of Transport should consider the conversion of the two bank accounts into a departmental trading account or alternatively a trading account under the Road Traffic Management Corporation and also that Parliament be supplied with the cost benefit analysis in terms of value for money of this contract within 60 days.

Scopa condemns the fact that the initial contract was renewed for a further five years without proper authorisation in the department, though aware that the National Treasury has post facto approved it. Scopa also noted incurred fruitless and wasteful expenditure of R958,683, a regular expenditure of R951 000 and internal control weaknesses, amongst others. Scopa expresses its profound disappointment at the failure to follow proper procurement procedures and poor contract management. Scopa recommends that a strategy and plan of action be put in place to address the weaknesses highlighted during the hearing and that this be communicated to Parliament within 60 days.

The 75th report is on the South African Rail Commuter Corporation Limited Financial Arrangements Act. Scopa noted problems around fixed assets and calls on the South African Rail Commuter Corporation to develop relevant policy guidelines and report to Parliament within 60 days on these corrective measures. There are various aspects of non-compliance with the National Treasury regulations and the South African Rail Commuter Corporation Limited Financial Arrangements Act of 2000. On all of these instances, Scopa has made clear recommendations to ensure that there is compliance.

We commend these reports to the House, Chairperson. Thank you. [Applause.]

There was no debate.

The Deputy Chief Whip of the Majority Party move:

That the Reports be adopted. Motion agreed to.

Reports accordingly adopted.

CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON MINERALS AND ENERGY – PUBLIC HEARINGS ON VIABILITY OF ESTABLISHING NATIONAL RED/7th RED

Mnu E N MTHETHWA: Sihlalo, malungu ahloniphekile ale Ndlu, maqabane kanye nozakwethu, sekwevile eminyakeni eyishumi sisemshikashikeni wokwaba kabusha imboni eyaba ugesi. Isizathu esikhulu salokhu ukuthi kufanele sihambisane noguqukongqangi lwezwe lakithi nokuthi nalaba abadla imbuya ngothi bawuthole ugesi. Ilesi isizathu esenza ukuthi mhla zi-2 kuNhlaba ngonyaka wezi-2001 isigungu esiphezulu kuhulumeni wesizwe siphasise umqulu ovumelana nokuhlelwa kwemboni kagesi. Lo mqulu weseka ukwakhiwa kwezifunda eziyisithupha ezweni lonke ezizoxhasa omasipala abakhulu.

Ngonyaka wezi-2002, enqgunqgutheleni kazwelonke eStellenbosch, umbutho wesizwe wanquma kanje ngalolu daba, ngiyacaphuna:

Aluqhubeke uhlelo lokwakha kabusha; imboni yokwabiwa kukagesi iqinisekise ukuphakwa kukagesi ngenani elingambi eqolo; ukutholakala kukagesi obiza kancane kumuntu wonke; nokutholakala kwesabelo esithile sikagesi, ikakhulukazi kulabo abantulayo.

Ngonyaka wezi-2003 kwakhiwa isikhungo esibhekene noguquko ekuphakweni kukagesi nokuyisenzo esihambisanayo nombutho wesizwe, uKhongolose. Ethula inkulumo yakhe ayeyibhekise esizweni ngonyaka ka-2004, uMongameli wezwe, uMnu Thabo Mbeki, wakhipha isiqondiso sokwakhiwa kwalezi zifunda eziyisithupha ezizoxhaswa omasipala abakhulu. Wakukalela unyaka ukwakhiwa kwesifunda sokuqala. Nebala esokuqala isifunda sakhiwa sagcotshwa kumasipala omkhulu waseKapa ngenyanga kaNtulikazi ngonyaka wezi-2005. (Translation of isiZulu paragraphs follows.)

[Mr E N MTHETHWA: Chairperson, hon Members of this House, comrades and colleagues, it is more than 10 years since we started campaigning for the restructuring of the electricity industry. The main reason for this is that we have to be in line with the transformation process of our country and make it possible for the poor communities to get electricity. It was for this very reason that Cabinet on 2 April 2001 adopted a policy which sanctioned the restructuring of the electricity industry. This policy supports the construction of six regions for the whole of South Africa to assist metropolitan municipalities.

In 2002, at the National Conference in Stellenbosch, the ANC resolved as follows on this issue, and I quote:

That the restructuring process of the electricity distribution industry be continued to ensure that the distribution of electricity is affordable and accessible to all people, and to ensure that a certain share of free units are provided, especially to those who are poor.

In 2003 a distribution company was established to focus on the transformation of electricity distribution which is in line with the ANC policy. In his state of the nation address of 2004, the President of the Republic of South Africa, Mr Thabo Mbeki gave a directive on the construction of these six regions which will be supported by the metropolitan municipalities. He gave a timeframe of one year for the construction of the first region. Consequently, the first region was completed and officially launched by the metropolitan municipality of Cape Town in July 2005.]

The Cabinet Memorandum of 14 September 2005 was set to change the path canvassed over a period of time amongst role players. We felt unhappy as a committee for being ignored on this. We also felt that it is incumbent on us to ensure that those affected by this are afforded an opportunity to have a say before the executive decides on the matter.

Subsequently, on 21 and 23 June 2006 we held public hearings. Based on the public hearings, we concluded that the initial position of six REDs or ``wall-to-wall REDs’’ is a viable model to pursue. The committee does not favour the 7th RED or the national electricity distributor option. This position is taken based on two factors: firstly, the lack of a convincing argument for establishing the national electricity distributor emanating from the hearings, in particular the fact that none of the positions put forward could sustain the argument around the financial viability of the NED and, secondly, to eliminate any further delays in the restructuring process by introducing new models, spending time and financial resources on such, but to rather commit ourselves fully that the Six REDs model is operational.

In advancing this process, the committee recommends that collaboration between the Department for Provincial and Local Government, the National Treasury, the Department of Mineral and Energy and the Department of Public Enterprises takes place to ensure that the long unresolved challenges hampering the successful implementation of the six REDs model is addressed with urgency. The committee noted with concern the number of inputs which called for legislative and policy direction to drive the restructuring of electricity distribution industry.

The committee further recommends that the Department of Minerals and Energy should speed up the legislation in order to accelerate with change in the industry. The National Treasury has to finalise the process of providing clear policy guidelines with regard to the transfer of assets form existing distributors, that is, Eskom and municipalities to the REDs. The Department of Minerals and Energy has to provide clarity with regard to the definitive problems with reticulation, as well as with competitive and contestable customers. The committee remains steadfast in its commitment to ensure an accelerated REDs creation process and that all transformation processes remain informed by the needs of our country and its people. I thank you. [Applause.]

Adv H C SCHMIDT: Chair, the undertaking by the Portfolio Committee on Minerals and Energy as to the viability of the so-called national or 7th RED, indicates the diversity of opinion as to whether government should in fact continue with the proposed policy to implement a system of six REDS with adjoining boundaries.

As could be expected, Salga has serious reservations as to the appropriateness of the 7th RED as reflected in their resolutions following a meeting by the AMEU Standing Committee held in KwaZulu-Natal on 29 June 2006 and subsequently adopted by Salga.

One of these resolutions calls for the various modelling results to be presented to consider the viability and sustainability of all the possible scenarios to be implemented. This matter, together with all the other resolutions, as well as the diverse views held at the public hearings of the committee indicate the confusion which currently reigns within government as to the appropriate route to follow.

It is of great concern that an earlier decision by Cabinet to consider a 7th RED clearly flows from opposition of local government, as well as a failure to appreciate the fact that the initial proposed model of six so- called ``wall to wall’’ REDs requires constitutional amendments which were apparently not considered by Cabinet. As has been stated at the portfolio hearings, a certain amount of confusion seems to exist as to the desired model to follow. In this regard, it is the Department of Minerals and Energy’s task, after due consultation, to develop a policy and proposals which are financially viable and sustainable and to the benefit of the electricity industry as a whole.

In this regard, the Department of Minerals and Energy has not been constructive and has not played the role of leading the process in a constructive and informed manner, hence, the confusion and direct opposing views amongst role players, such as Cosatu which supports the six REDs. Local government is also supporting the six REDs but sub-regional REDs, as favoured by certain secondary municipalities and business who are happy with any model on the basis that bulk customers are exempt from buying from REDs instead from Eskom directly.

It would be unwise to support a particular model before the costs, viability and sustainability of the various models have been determined.

The question of cross-subsidisation of tariffs is of utmost importance in determining the appropriate model, the reduction of costs to the public, as well as the most practical implementation of the various programmes. Only once this exercise has been conducted and results are available should Cabinet take a decision as to the most advantageous model to follow. At this point, most of the submissions to the committee were based on the issue of cross-subsidisation of tariffs and the potential loss of revenue to local government.

Although both these issue are important, it should not form the basis of an informed decision in this regard. It is time that the department gets its house in order on this important issue in order to prevent further deterioration of the infrastructure in electricity distribution due to the insecurities which currently exist with local government responsible for electricity distribution. I thank you, Chair. [Applause.]

Mr E J LUCAS: Chairperson, the interruptions in the supply of electricity that we experienced in the Western Cape and parts of Gauteng have served to highlight the need for a stable and reliable source of electricity. It is also of paramount importance that this electricity is affordable to the masses. The restructuring of the electricity distribution industry has been in the pipeline for some time now, with Cabinet approving a blueprint on EDI restructuring in May 2001. The Portfolio Committee on Minerals and Energy held public hearings on 21 and 23 June 2006 on the viability of establishing a 7th RED. During the deliberations many views were expressed by different stakeholders, including representatives from labour, business and local government. These were all very informative and were taken into consideration by the committee.

A very important aspect of the report is the committee’s view that it finds it problematic that the municipalities could be given the choice of joining the national RED or metro REDs. We in the committee are not in favour of the 7th RED option. We are also disappointed that the 1st RED, which was established around the city of Cape Town, has not reported on its performance as yet, as its experiences could prove invaluable and be of great assistance.

We agree with this report. I thank you, Chairperson. [Applause.]

Mr L W GREYLING: Chair, firstly I must congratulate the Chairperson of this committee, hon Mthethwa, for holding public hearings on the viability of establishing a national RED. These public hearings revealed a number of different viewpoints on the issue of electricity distribution. Many of these views, are however, based on the particular interest of each stakeholder, but it did offer interesting insights into this debate, which, I am sure, will continue.

The ID would agree with the committee’s report that there is a lack of a convincing argument for establishing a 7th RED at this time. This report is also one of the rare moments where Parliament has differed with Cabinet on an issue. We hope that this trend continues.

The ID will support the recommendations of the committee.

Mr H B CUPIDO: The ACDP is assured that the present six-Regional Electricity Distributor model is effectively rendering the required service for the people of South Africa. The need for secure, reliable and cost- effective electrification is of paramount importance for the stabilisation and growth of our economy, as a significant percentage of activities that support our economy are based in and around the metro areas.

In light of the frequent or the recent disruptions in power supply that have taken place throughout South Africa, it is imperative that all role- players, as mentioned in the committee report, should as a matter of urgency hasten to address those challenges that may be hampering the successful implementation of the six-RED model. Thank you.

Ms S RAJBALLY: Chair, in his state of the nation address, our hon President expressed a vision of every household having electricity, running water and sanitary facilities. This will equip South African households with the basic necessities to sustain a healthy lifestyle. Certainly, all government initiatives are being extensively exhausted to ensure delivery.

The Department of Minerals and Energy has been part of the formidable team to deliver and to make electricity accessible and cost-effective to all South Africans. We agree with the committee’s evaluation of the existing six Regional Electricity Distributors’ benefits, and suggest that the recommendation to make it more effective be seriously considered.

We further acknowledge Eskom’s favour of the national RED, but agree with the committee on the potential risk and note the success of the current RED Six.

The MF calls on the public at large to acknowledge all government initiatives and efforts to provide every South African with basic necessities for survival, but also to note the volume of this need and problems inherited by the apartheid regime that certainly hinder delivery. Thank you very much.

Mr C D KEKANA: Hon Chair, hon members, we are very glad as a portfolio committee that we are reaching the end of the debate on this matter. I am glad that we have just got to announce that, for the first time in the development of South Africa, the division between the urban and rural area is kind of closing because, for the first time, rural small towns are absorbing many people from the rural area who used to cause the influx to the urban area and, as a result, overburden the urban area and its infrastructural facilities.

The reason is that there is decentralisation of infrastructure in the rural areas and the rural towns. For the first time, there is housing with tap water, electricity and sanitation facilities. That is absorbing many people who come from the rural area. So, our rural towns are for the first time growing and absorbing the population from the rural area. Green pastures no longer only exist in the main metros or in the urban areas, but also in the rural towns.

The six regional electricity distributors, as approved by our portfolio committee, indeed address this issue because, as regards cross- subsidisation, each of the six REDs is based in one metro. There is one metro for each of the Six REDs, and that main metro is going to help with the cross-subsidisation of small local governments that are within its demarcation.

In our hearing, labour had approved this because they realise that the transfer of the assets, which involves staff, will not change the status of the staff in each local government.

In fact, the agreement is that the transfer put the staff that are there on equal par. If there are going to be changes, the changes will be based on the promotion of the staff or an increase in salary of the staff. It won’t be based on any decrease of salary or demotion of any staff. So, labour was very happy with the presentation of the six REDs.

It is also very important to realise that the six REDs have also been approved, in a sense, by business. Business had a few reservations, but in the main they approved the six REDs. So, with the support of business, labour and as a department, we think the six REDs should unreservedly be approved by the Parliament. Thanks very much.

Debate concluded.

The Deputy Chief Whip of the Majority Party move:

That the Report be adopted.

Motion agreed to.

Report accordingly adopted.

CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON PUBLIC WORKS - STUDY TOUR TO MANILA AND LONDON

Ms C M P RAMOTSAMAI: Deputy Chairperson, hon Minister and hon members, the Portfolio Committee on Public Works has been concerned by the spate of disasters caused by the floods in the country. We as a caring arm of government, have been perturbed by the analysis of distances our people have to travel generally, but in particular the children who are going to school and the aged visiting our social and economic centres in order to access services and benefits made available for them by this very government.

The committee embarked on a study tour of the Philippines and London, amongst other things, to learn about the concept of the Mabey bridges and the bridging programmes of the Philippines, as the core functions and responsibilities of Public Works, particularly of the Expanded Public Works Programme, are job creation, poverty alleviation and skills transfer.

In meeting the challenges caused by natural disasters, the committee decided to go to the aforesaid countries to see whether these bridges and programmes could possibly be integrated into our programmes and provide a service-delivery vehicle for cost-effective infrastructure development in our country in and during the aftermath of disasters caused by floods in areas like Taung in the North West, and many other areas in KwaZulu-Natal and recently in the Eastern Cape and the southern Cape.

It was interesting to note in the Philippines that after the tsunami disaster, these bridges were used to rehabilitate the damaged infrastructure and bridges. The Philippines presidential bridging programme is utilised as a means of direct access between the islands in order to join together communities divided by the sea.

These bridges are utilised as a means of direct access between the islands. As alluded to in the report, it was interesting to note that in the Philippines these bridges provide the following economic and social benefits: they lower the environmental impact of the construction being undertaken; there are poverty alleviation programmes; rural communities have access to economic centres; there is access to health and education facilities, especially in the rural areas; there are short and long-term- based job opportunities; and there is skills transfer.

Of further interest was the fact that the presidential bridging programme in the Philippines has been in progress for the past eight years, but has never been changed even when governments changed, owing to its effectiveness.

During our visit to a manufacturing plant, it was interesting to note that these bridges had the following unique features: The bridges are easy to construct or to install, and this can be done within a week. The bridges can be used permanently and are versatile in most remote areas for the immediate provision of emergency bridges. Owing to their galvanisation, the bridges are sustainable and need very low maintenance. The size of the bridge varies from one way to multiple ways and includes footbridges. The substructure of the bridge can be built quickly with reduced expense and no consultation fee. The construction of the bridges is labour-intensive. The special grade steel used for building the bridges is fully galvanised and designed to carry in excess of a normal highway load. This resulted in the hon member Blanché making the admission that they are far advanced in what they are doing, and Mr Blanché himself is an engineer.

In line with our strategy of skills transfer and development, job creation and poverty alleviation, it was interesting to note that there the Mabey Group of Companies only provides the superstructure in their operations, that is the bridge site survey, bridge design drawings, bridge superstructures and the overseeing of the building of the bridge.

The substructure of approximately 50% of the project costs will be the responsibility of a South African black empowerment company and contractor, which therefore will see to the provision of job creation for local people in the areas where the bridges are constructed.

What was of the most interest to us on this oversight visit was the willingness and readiness of the Mabey Group, given the opportunity, to not only build bridges, but to also transfer skills to South Africans and to offer young South Africans an opportunity to get training at their premises in England. This would be in line with what we saw yesterday and the day before yesterday in terms of the Tata initiative in India, lead by the Deputy President, Pumzile Mlambo-Ngcuka. We as a committee, see this initiative as being in line with our Asgisa objectives, hence we would like Parliament to send the report to the Office of the Deputy President.

Disasters take place nationally and in different forms, and the most frequent ones in South Africa are caused by floods. Therefore a project of this magnitude has to be handled nationally, as it would involve a number of departments: the Departments of Defence, Provincial and Local Government, Public Works, Transport, and Environmental Affairs and Tourism, as well as the Treasury. In this way we will also avoid the problem of different provinces doing different things and spending a lot of resources on consultation fees rather than on the infrastructure itself.

Tomorrow Parliament will be going to the southern Cape in the programme of “Taking Parliament to the People”. We know very well that municipalities in the southern Cape and the surrounding communities will definitely raise the issue of the recent floods and the damage they have caused.

Surely they will ask Parliament to help, because we know that municipalities, especially the smaller ones, do not have the resources to deal with these disasters. Some people lost their lives, and these floods have impacted negatively on tourism, which is one of the key economic drivers in that part of the country. The committee moves that this report be adopted with recommendations. I thank you. [Applause.]

Mr J P I BLANCHÉ: Chairperson, during our portfolio oversight visit to the North West province, our delegation was shown the council chambers of the Ratlou Municipality where we saw how vast sums of money were spent on swivel chairs and other expensive equipment in the council chambers. Outside the chambers, the poorest section of the nation was stuck with the bucket toilet system in a flood-prone zone.

Our last qualified engineer in that region is on the verge of receiving his pension, and he is overseeing the maintenance and building of bridges in that province. The question is: How will the know-how of how to maintain the inlets and outlets where road bridges cross rivers and streams be passed on to those who take over that function?

If maintenance is not done, floods can cause damage to bridges and disasters can strike. Rivers and streams can become destroyers of our region’s transport and economic arteries. These are the lifelines of the children and the poor people who live in those areas, and who become the masters or slaves of our nation if we do not build or maintain infrastructure in all provinces.

Failure to skill our people in maintenance is what is causing the collapse of infrastructure throughout our country, be it at Koeberg, at Kaaimans Pass or City Power, or where roads and bridges are erected.

The solution to floods and regional economic disasters is not to train people to assemble imported panel bridges. The solution is to build our own bridges. We have been doing it for a hundred years in this country. We have to train our communities on how to maintain bridges. Our regional municipalities must be staffed with more engineering personnel and fewer managers with academic qualifications.

Regretfully, the report tabled in this House this afternoon still contains a number of mistakes, and seems not to be the one that was corrected and virtually rewritten by the committee. The first mistake is that it was not published in the ATCs of 21 August, as was announced in today’s programme. It was in fact tabled in the ATCs of 21 June. Secondly, the tour group consisted of more Members of Parliament than shown in the report. For some strange reason, the members whose names do not appear in the report were told that they must advise the Ethics Committee as to who funded their part in the trip, despite the fact that they were part of the group. Why must their names and their funders’ names be kept secret?

The trip took us to top hotels and on air trips to London, Hong Kong and Manila, back to Hong Kong, London, Wales, London, and back to all cities in South Africa. That is quite a cost per individual. If we can just build bridges in South Africa.

Under clause 3.1.3.1, the impression is created that one of the Manila bridges was 45 720 metres long. It might have been 46 metres long, but most definitely not 45km, as the report reflects.

We also were never shown manual labour constructing even one bridge. We did however see the 10 people who operated the cranes with which they drove the pylons into the ground to support the delta multispan bridge at Queson Aliaga. What we saw was not a labour-intensive bridge-building programme.

We learned much from the Philippines as far as their presidential bridge- building funding programme is concerned. The IMF supports …

The HOUSE CHAIRPERSON (Ms C-S Botha): Hon Blanché, your time has expired.

Mr J P I BLANCHÉ: It is a pity, Madam Chair. There is so much to be said about this report. Mr R B BHOOLA: Chairperson, the alleviation of poverty and social development remains a priority in every effort and activity of government. Ultimately, we are striving to overcome our challenges through every avenue, and while delivery is evident, any form of assistance that can boost delivery and can bring to all South Africans a better life is invited.

The Accelerated and Shared Growth Initiative for South Africa plays a vital role in this transformation process, and the combined efforts of departments as well as the public and private sectors are turning this wheel to success.

From this report, we understand that a bridging programme has been established to operate as a sub-programme to Asgisa in the President’s Office to assist us in providing basic services, improving service delivery, economic development, job creation, skills development and infrastructure development. If this could possibly assist us in delivering, the MF requests that the committee’s recommendation receive earnest attention and consideration. We have to exhaust every avenue to deliver our people from the clutches of poverty, crime and social erosion.

The MF supports the report.

Debate concluded.

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: We move that the report be adopted.

Motion agreed to.

Report accordingly adopted.

The HOUSE CHAIRPERSON (Ms C-S Botha): That concludes the business for the day. I wish you all well for your trip to Oudtshoorn.

The House adjourned at 17:47. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

                      FRIDAY, 8 SEPTEMBER 2006

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Introduction of Bills

 (1)    The Minister of Education


  On request of the Minister the following Bill was introduced by the
    Select Committee on Education and Recreation in the National
    Council of Provinces:


      a) Further Education and Training Colleges Bill [B 23 – 2006]
         (National Council of Provinces – proposed sec 76) [Explanatory
         summary of Bill and prior notice of its introduction published
         in Government Gazette No 29189 of 4 September 2006.]


    Introduction and referral to the Select Committee on Education and
    Recreation of the National Council of Provinces, as well as
    referral to the Joint Tagging Mechanism (JTM) for classification in
    terms of Joint Rule 160.


    In terms of Joint Rule 154 written views on the classification of
    the Bill may be submitted to the JTM within three parliamentary
    working days.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Defence

 a) Report and Financial Statements of Vote 21 – Department of Defence
    for 2005-2006, including the Report of the Auditor-General on the
    Financial Statements of Vote 21 for 2005-2006 [RP 163-2006].


2. The Minister of Communications


 a) Report and Financial Statements of the South African Broadcasting
    Corporation Limited (SABC) for 2005-2006, including the Report of
    the Independent Auditors on the Financial Statements for 2005-2006.

1. The Minister of Labour

 a) Report and Financial Statements of the Compensation Fund for 2005-
    2006, including the Report of the Auditor-General on the Financial
    Statements for 2005-2006.


 b) Report and Financial Statements of the Food and Beverages
    Manufacturing Sector Education and Training Authority (FoodBev-
    Seta) for 2005-2006, including the Report of the Auditor-General on
    the Financial Statements for 2005-2006 [RP 75-2006]. 4.    The Minister of Trade and Industry

 a) Report and Financial Statements of the Competition Tribunal for
    2005-2006, including the Report of the Auditor-General on the
    Financial Statements for 2005-2006 [RP 134-2006].


 b) Report and Financial Statements of the South African National
    Accreditation System (SANAS) for 2005-2006, including the Report of
    the Independent Auditors on the Financial Statements for 2005-2006.


 c) Report and Financial Statements of the South African Quality
    Institute for 2005-2006, including the Report of the Independent
    Auditors on the Financial Statements for 2005-2006.
 d) Report and Financial Statements of the Export Credit Insurance
    Corporation of South Africa for 2005-2006, including the Report of
    the Independent Auditors on the Financial Statements for 2005-2006.

                      MONDAY, 11 SEPTEMBER 2006

TABLINGS:

National Assembly and National Council of Provinces

1. The Minister of Finance

 (a)    Annual Economic Report of the South African Reserve Bank for
    2006.
 (b)    Government Notice No 811 published in Government Gazette No
    29101 dated 7 August 2006: Dimension of, design for, and
    compilation of the year 2006 R2 silver crown and R2 gold coins, in
    terms of South African Reserve Bank Act, 1989 (Act No 90 of 1989).


 (c)    Proclamation No R.31 published in Government Gazette No 29072
    dated 28 July 2006: Commencement of section 44(1), in terms of the
    Revenue Laws Amendment Act, 2005 (Act No 31 of 2005).


 (d)    Government Notice No 1010 published in Government Gazette No
    29050 dated 28 July 2006: Listing and Classification of Public
    Entities 1. Listing 1.1 Agriseta: Schedule 3A National Public
    Entity 2. Delisting 2.1 Primary Agricultural Education and Training
    Authority (PAETA) as a Schedule 3A National Public Entity 2.2
    Secondary Agricultural Sector Education and Training Authority
    (SETSA) as a Schedule 3A National Public Entity, in terms of the
    Public Finance Management Act, 1999 (Act No 1 of 1999).


 (e)    Government Notice No 1011 published in Government Gazette No
    29050 dated 28 July 2006: Listing and Classification of Public
    Entities 1. Listing 1.1 Independent Regulatory Board for Auditors:
    Schedule 3A National Public Entity, in terms of the Public Finance
    Management Act, 1999 (Act No 1 of 1999).


 (f)    Government Notice No 768 published in Government Gazette No
    29078 dated 4 August 2006: Amendment of Regulation 3 of the
    Development Bank of Southern Africa in terms of section 17(h) of
    the Development Bank of Southern Africa Act, 1997 (Act No 13 of
    1997).

1. The Minister in The Presidency (a) Report and Financial Statements of the International Marketing Council (IMC) for 2005-2006, including the Report of the Auditor- General on the Financial Statements for 2005-2006 [RP 127-2006].

2. The Minister of Arts and Culture

 a) Report and Financial Statements of the Natal Museum for 2005-2006,
    including the Report of the Auditor-General on the Financial
    Statements for 2005-2006.

National Assembly

1. The Speaker

 a) Request from the Minister of Foreign Affairs for Parliament, in
    terms of section 16(7) of the Public Service Act, No 103 of 1994 as
    amended, to consider the extension of service by five years of Mr A
    S Minty, Deputy Director-General in the Department of Foreign
    Affairs.

    Referred to the Portfolio Committee on Public Service and
    Administration for consideration and report, the committee to
    report by 16 October 2006.

                     TUESDAY, 12 SEPTEMBER 2006

ANNOUNCEMENTS

National Assembly and National Council of Provinces The Speaker and the Chairperson

1. Introduction of Bills

 (1)    The Minister of Health


     (a)     Tobacco Products Control Amendment Bill [B 24 – 2006]
          (National Assembly – proposed sec 75) [Explanatory summary of
          Bill and prior notice of its introduction published in
          Government Gazette No 29182 of 1 September 2006.]


     (b)     South African Red Cross Society and Legal Protection of
          Certain Emblems Bill [B 25 – 2006] (National Assembly –
          proposed sec 75) [Explanatory summary of Bill and prior
          notice of its introduction published in Government Gazette No
          28106 of 14 October 2005.]


    Introduction and referral to the Portfolio Committee on Health of
    the   National Assembly, as well as referral to the Joint Tagging
    Mechanism (JTM) for classification in terms of Joint Rule 160.


    In terms of Joint Rule 154 written views on the classification of
    the Bill may be submitted to the JTM within three parliamentary
    working days.

 (2)    The Minister of Home Affairs


      a) Civil Union Bill [B 26 – 2006] (National Assembly – proposed
         sec 75) [Explanatory summary of Bill and prior notice of its
         introduction published in Government Gazette No 29169 of 31
         August 2006.]


         Introduction and referral to the Joint Tagging Mechanism (JTM)
         for classification in terms of Joint Rule 160.


         In terms of Joint Rule 154 written views on the classification
         of the Bill may be submitted to the JTM within three
         parliamentary working days.

National Assembly

The Speaker

1. Membership of Committees

   (1) The following changes have been made to the membership of Portfolio Committees:

   Environmental Affairs and Tourism
   Appointed:     Maluleke, Mr D K, Rasmeni, Mr S M (Alt)
   Discharged: Bonhomme, Mr T J, Khoarai, Mr L P
   Combrink, Mr J J, Olifant, Mr D A A, Sekgobela, Ms P S
   
   
   Labour
   Appointed: Lekgetho, Mr G (Alt), Mogale, Mr O M (Alt), Siboza, Mr S
   (Alt)
   Discharged: Ngcengwane, Ms N D
   
   
   Minerals and Energy
   Appointed:     Vundisa, Mr S S, Combrink, Mr J J (Alt), Mohamed,
             Prof, I J (Alt)
   Discharged:    Ngaleka, Ms E, Ngcobo, Mr E N N, Mofokeng, Mr T R,
             Komphela, Mr B M
   
   
   Science and Technology
   Appointed:     Maloyi, Mr P D N, Mtshali, Mr E (Alt), Matsemela, Ms
             M L (Alt)
   Discharged: Nkem-Abonta, Dr E, Mlangeni, Mr A, Van der Heever, Mr R
             P Z
   
   
   Sport and Recreation
   Appointed:     Makgate, Ms W, Ntuli, Ms M M, Mlangeni, Mr A (Alt),
             Ramakaba-Lesia, Ms M M (Alt), Solo, Mr B (Alt)
   Discharged: Mathebe, Mr P M, Morobi, Ms D M
   

   (2) The following changes have been made to the membership of Standing Committees:

   Public Accounts
   Appointed:     Fubbs, Ms J L, Asiya, Mr S E, Koornhof, Dr G W
             (Alt), Mabe, Ms L L (Alt), Hogan, Ms B A (Alt)
   Discharged:    Maluleke, Mr D K
   

TABLINGS National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a)     Resolutions of the 114th International Parliamentary Union
    Assembly.

    THE NEED FOR URGENT FOOD RELIEF IN ORDER TO COMBAT DROUGHT-INDUCED
    FAMINE AND POVERTY IN AFRICA, FOR THE WORLD'S MOST INDUSTRIALIZED
    NATIONS TO SPEED UP AID TO THE CONTINENT AND FOR PARTICULAR EFFORTS
    TO BE MADE TO REACH DESPERATE AND POOR POPULATIONS


    Resolution adopted unanimously by the 114th Assembly
    (Nairobi, 12 May 2006)


    The 114th Assembly of the Inter-Parliamentary Union,


    Deeply concerned that intensive  natural  and  human  activity  has
    continued to upset the environmental balance  and  thus  erode  the
    global environmental capital,


    Noting that  the  negative  effects  of  globalization,  population
    growth and the exponential increase in demand for natural resources
    driven by consumerism pose far-reaching dangers to the ecosystem,


    Further noting that Africa in particular is  faced  with  the  real
    challenge of high levels of poverty and environmental  degradation,
    which  compound  the  effects   of   floods,   soil   erosion   and
    desertification, and  that  the  consequent  destruction  of  water
    catchment areas results in unreliable water supplies for  domestic,
    industrial and agricultural purposes,


    Aware that urgent food relief is needed  in  order  to  combat  the
    drought-induced famine and poverty now  pervading  large  areas  of
    Africa,


    Further aware that Africa needs sustainable development  strategies
    to combat famine and poverty rather than  relying  on  food  relief
    every time natural disasters and calamities occur, and recalling in
    this regard the Millennium Development Goals, which aim inter  alia
    to achieve a massive reduction in poverty,


    Conscious of the need for a multisectoral approach  to  sustainable
    development that encompasses not only sustainable  food  production
    but also good governance, respect for human rights, eradication  of
    corruption, development of infrastructure and provision  of  access
    to communities, and security for the population,


    Recalling that the right to food is  a  basic  human  right  and  a
    binding obligation that is well established under international law
    and recognized in the Universal Declaration on  Human  Rights,  the
    International Covenant on Economic, Social and Cultural Rights  and
    a plethora of other instruments,


    Recognizing that women in Africa play a key role, especially in the
    agricultural sector,  and  that  their  empowerment  can  therefore
    contribute significantly to improving food security,
    Aware that the heavy external debts owed  by  most  African  States
    constitute a major hindrance to development and that  debt  relief,
    where provided, has released substantial  additional  resources  to
    support food security and other programmes, such as  education  and
    health, in many countries in Africa,


    Noting that the world's most industrialized countries  are  capable
    of speeding up aid to the continent for the  immediate  purpose  of
    famine relief, and recalling the numerous commitments made by these
    countries in, inter alia, the Monterrey Consensus,  the  Millennium
    Development Goals and the New York Declaration  on  Action  against
    Hunger and Poverty,


    Recalling the numerous previous resolutions adopted by  the  Inter-
    Parliamentary Union on the  many  issues  relevant  to  famine  and
    poverty, in particular the resolution on the right to food  adopted
    at the 96th IPU Conference in Beijing in 1996,


    1. Makes a pressing appeal for increased supplies of emergency  food
       assistance to be made available to  drought-affected  nations  in
       Africa, and calls on governments collectively to meet the targets
       contained in the repeated appeals from international agencies, in
       particular the World Food Programme, for such assistance;


    2. Urges the governments concerned to take every appropriate measure
       to facilitate  access  to  the  affected  areas  for  the  speedy
       delivery of food supplies and to provide security;

    3. Calls on all parties to ensure that food  relief  programmes  are
       not used for political ends and that food is distributed to those
       in need without political interference;


    4. Recommends that parliaments in the affected countries monitor the
       delivery of food relief programmes, and invites them to report on
       their findings to the Inter-Parliamentary Union;

    5. Calls on the governments of the countries concerned to make every
       effort  to  implement  the  Millennium  Development   Goals,   in
       particular those relating to the reduction of  poverty,  and,  to
       this end, to pursue sustainable development strategies;

    6. Affirms that  such  medium-  and  long-term  strategies  must  be
       comprehensive and aim to promote good governance and respect  for
       human  rights,  eradication  of  corruption,   sustainable   food
       production, development of infrastructure and provision of access
       to  communities,  and,  most  importantly,   security   for   the
       population;

    7.  Calls  on  all  African  countries  to  develop  policies   that
       facilitate the full and equal participation of women in political
       and economic life, so that they can  contribute  to  and  benefit
       from the development of their countries;

    8. Further calls on African countries to take  measures  to  promote
       and protect the security of land tenure, especially with  respect
       to women  and  poor  and  underprivileged  segments  of  society,
       through legislation and programmes  that  protect  the  full  and
       equal right to own land and other property, including  the  right
       to inherit,  in  accordance  with  the  Voluntary  Guidelines  to
       support the progressive realization of the right to adequate food
       adopted by the United Nations Food and  Agriculture  Organization
       in November 2004;

    9. Further calls on  the  international  community  to  support  all
       efforts to improve access to education  and  vocational  training
       for people in poverty-stricken regions, this  being  one  of  the
       most effective measures of reducing poverty in the long term;

   10.  Further  calls  on  all  governments  to   facilitate   conflict
       resolution in affected areas in order to ensure human security;

   11. Urges governments to encourage people in the  affected  areas  to
       end certain practices that promote hostilities, including  cattle
       rustling;

   12. Appeals to the developed countries  to  respect  the  commitments
       they have made to provide assistance to developing countries  and
       calls on them to  accelerate  implementation  of  the  Millennium
       Development Goals and the New York Declaration on Action  against
       Hunger and Poverty in this regard;

   13. Strongly urges the developed countries substantially to  increase
       their financial assistance, notably through innovative sources of
       financing for development, for the specific purpose of  improving
       agricultural industry  in  affected  countries  with  a  view  to
       boosting food production and thus ensuring food security;

   14. Calls on the developed countries to  extend  and  implement  debt
       cancellation programmes  in  respect  of  all  African  countries
       affected by drought-induced famine;
   15. Invites relevant international and multilateral  institutions  to
       review their policies and programmes to ensure that these do  not
       in  any  way  detract  from  or  undermine  policies  pursued  by
       countries to ensure food security;
   16. Calls on the developed  countries  to  phase  out  all  forms  of
       agricultural  export  subsidies,   to   reduce   trade-distorting
       domestic support to agriculture, and to open their markets to the
       world's poorest countries;

   17. Calls on the United Nations agencies, in  particular  the  United
       Nations Environment Programme (UNEP),  to  increase  funding  and
       other measures to combat worsening environmental  degradation  in
       Africa, in particular in areas affected by drought and famine;

   18. Encourages African  parliaments  to  promote  the  socio-economic
       development of areas affected by drought and  famine,  which  are
       also often marginalized,  through  a  range  of  legislative  and
       budgetary measures, including income-generating measures;

   19. Invites the United  Nations  to  give  rapid  effect  to  General
       Assembly resolution 57/265 on  the  Establishment  of  the  World
       Solidarity Fund (and the eradication of  poverty),  in  order  to
       expedite the provision  of  financial  resources,  and  calls  on
       parliaments to adopt the requisite implementing  legislation  and
       to encourage their respective governments to contribute to  those
       resources so as to  enable  African  countries  to  become  self-
       sufficient and ensure their food security.


    Note: you  can  download  a  complete  electronic  version  of  the
    brochure "Results of the 114th Assembly and related meetings of the
    Inter-Parliamentary Union" in PDF format (file  size  approximately
    503K).


    Referred  to  the  Portfolio  Committee  on  Foreign  Affairs   for
    consideration and report, and to the Portfolio  Committee  on  Land
    and Agricultural Affairs and  Portfolio  Committee  on  Health  for
    consideration.


    THE ROLE OF PARLIAMENTS IN STRENGTHENING CONTROL OF TRAFFICKING  IN
    SMALL ARMS AND LIGHT WEAPONS AND THEIR AMMUNITION


    Resolution adopted by consensus* by the 114th Assembly
    (Nairobi, 12 May 2006)


    The 114th Assembly of the Inter-Parliamentary Union,


    Deeply concerned by the tremendous human suffering, especially  for
    women and children, who are the most vulnerable in armed conflicts,
    associated with the proliferation and  misuse  of  small  arms  and
    light weapons (SALW),


    Stressing that, by definition, SALW include all arms  that  can  be
    used by one person alone and all associated  ammunition,  including
    grenades, rockets, missiles, mortar  shells  and  man-portable  air
    defence systems (MANPADS), and that landmines can be considered  as
    having similar effects,


    Recalling that items such as daggers, machetes, clubs, spears,  and
    bows and arrows are also frequently used  in  armed  conflicts  and
    criminal acts, and that, although they do not fall under  the  SALW
    category, their use may need to be regulated,
    Recalling also that the  definition  of  SALW  should  not  include
    daggers and other items which are not firearms and are not used  to
    cause bodily harm, but as part of the national dress,

    Deeply concerned also by the high political, social  and  financial
    costs incurred when SALW fuel armed conflict, armed criminality and
    terrorism, exacerbate violence, contribute to the  displacement  of
    civilians, undermine respect for  international  humanitarian  law,
    impede the provision of humanitarian assistance to victims of armed
    conflict, and hinder a return to peace and sustainable development,




    Recognizing the threat posed to  civilian  aviation,  peacekeeping,
    crisis  management  and  security  by  the  illicit  transfer   and
    unauthorized access to and use of MANPADS,


    Affirming that combating  the  proliferation  and  misuse  of  SALW
    requires coherent and comprehensive  efforts  by  governmental  and
    other players at the international, regional and national levels,


    Welcoming in this regard the adoption in 2001 of the United Nations
    Programme of Action to Prevent, Combat and  Eradicate  the  Illicit
    Trade in Small Arms and Light Weapons  in  All  Its  Aspects  (SALW
    Programme of Action),


    Recalling the relevant United Nations General Assembly  resolutions
    concerning international arms transfers,


    Welcoming the adoption in  December  2005  by  the  United  Nations
    General Assembly of the International Instrument to  Enable  States
    to Identify and Trace, in a Timely  and  Reliable  Manner,  Illicit
    Small Arms and Light Weapons,


    Also welcoming the entry into force in July 2005  of  the  Protocol
    against the Illicit Manufacturing of and Trafficking  in  Firearms,
    their Parts and Components and Ammunition, supplementing the United
    Nations  Convention  against  Transnational  Organized  Crime  (the
    Firearms Protocol),


    Recalling that the Second Biennial Meeting of  States  to  Consider
    the Implementation of the Programme of Action  to  Prevent,  Combat
    and Eradicate the Illicit Trade in Small Arms and Light Weapons  in
    All Its Aspects was held in New York from 11 to 15 July 2005,


    Pointing to the  existence  of  several  other  SALW  and  firearms
    control instruments at the level of the United Nations, and in  the
    Americas, Europe, sub Saharan Africa and Pacific regions,


    Emphasizing that  these  multilateral  initiatives  must  be  fully
    implemented by their member States and  be  supplemented  with  the
    development of high national standards,


    Underscoring that the active involvement of the  relevant  national
    authorities and of parliaments is essential for  the  effectiveness
    of any measures to combat SALW proliferation,


    1. Urges parliaments to engage actively in efforts to  combat  SALW
        proliferation  and  misuse  as  a  key  component  of  national
        strategies on conflict prevention, peace-building,  sustainable
        development, the protection of human rights, and public  health
        and safety;


    2.  Calls  upon  parliaments  to  encourage  their  governments  to
        reaffirm their commitment to implement the  SALW  Programme  of
        Action and to build on their current commitment to combat  SALW
        proliferation and misuse at the 2006 SALW Programme  of  Action
        Review Conference, while focusing on areas where  obstacles  to
        full implementation of the SALW Programme  of  Action  persist,
        namely: brokering, transfer controls, marking and tracing, end-
        user  certification,  stockpile  management  and   destruction,
        ammunition and capacity-building;


    3. Encourages parliaments to agree to a set  of  global  principles
        for international arms transfers based on  States'  obligations
        under international  law  and  internationally  accepted  human
        rights standards, as a  fundamental  requirement  for  national
        arms transfer controls and to be included as a  key  output  of
        the 2006 Review Conference;


    4. Urges parliaments to encourage  their  governments  to  redouble
        their  efforts  in  this  area  following   the   2006   Review
        Conference, notably by organizing additional biennial  meetings
        in order to develop ideas and recommendations for consideration
        at future international and United  Nations-sponsored  meetings
        and conferences;


    5. Urges parliaments to promote and  ensure  the  adoption  at  the
        national level of the legislation and regulations  required  to
        control SALW effectively  throughout  their  "life  cycle"  and
        actively to combat SALW proliferation and misuse;


    6.  Encourages  parliaments  to  promote  the  development  of   an
        international arms  trade  treaty  to  strictly  regulate  arms
        transfers  on   the   basis   of    State   obligations   under
        international law and internationally accepted norms and  human
        rights standards;


    7. Encourages parliaments to  promote  greater  international  and,
        where appropriate, regional efforts to develop common standards
        to strictly  control  the  activities  of  those  brokering  or
        otherwise facilitating arms transfers between third countries;


    8. Calls upon parliaments to ensure that those who provide SALW  to
        children, or who recruit and use children in conflicts or armed
        operations, are subject to strong legal sanctions;


    9. Urges parliaments to enact legal sanctions at the national level
        for those who commit crimes and atrocities  against  vulnerable
        sections of society such as the elderly,  women  and  children,
        and to adopt measures to prevent such crimes and atrocities;


    10.       Encourages  parliaments  to  ensure  also  that  national
        legislation is matched by the allocation of adequate means  for
        the national authorities, including training and equipment,  to
        ensure the strict enforcement of national controls;


    11.       Urges  parliaments  to   adopt   and   enforce   national
        legislation incorporating the two instruments that provide  the
        most specific guidance regarding States' obligations to prevent
        misuse: the United Nations Code of Conduct for Law  Enforcement
        Officials and the United Nations Basic Principles on the Use of
        Force and Firearms by Law Enforcement Officials;


    12.      Recommends that parliaments work towards the harmonization
        of national  SALW  controls  on  the  basis  of  strict  common
        standards, while ensuring that  national  controls  provide  an
        appropriate response to the national and regional realities  of
        each State;


    13.      Recommends that parliaments exchange with each  other  and
        the IPU information on national legislation on SALW control, in
        order to enhance understanding  of  controls  and  to  identify
        existing   best   practices,   and   establish    international
        parliamentary forums to consider SALW issues;


    14.      Urges parliaments to consider ratifying, if they have  not
        already done so, the multilateral SALW control  treaties  their
        governments have signed, to incorporate their  provisions  into
        domestic legislation in a timely manner and in accordance  with
        the aims of these treaties, and to see to it that they are duly
        implemented;


     15. Calls upon parliaments to ensure that  the  provisions  of  the
         recently adopted International Instrument to Enable  States  to
         Identify and Trace, in a Timely and  Reliable  Manner,  Illicit
         Small Arms  and  Light  Weapons  are  fully  implemented  under
         national legislation, and that ammunition for SALW  is  covered
         by national legislation to trace illicit SALW;
    16.      Urges parliaments to make violations of arms  embargoes  a
        criminal offence under national law; to sanction logistical  or
        financial support for such violations; and,  in  the  event  of
        breaches of arms embargoes,  to  trigger  the  specific  action
        prescribed for each particular embargo;


    17.      Recommends that parliaments develop  and  help  implement,
        where  appropriate  and  together  with  governments,  national
        action plans  on  preventing,  combating  and  eradicating  the
        illicit SALW trade in all its aspects;


    18.      Encourages parliaments, where  necessary,  to  set  up  or
        strengthen procedures enabling them  to  scrutinize  government
        practice and policy on SALW controls,  to  ensure  respect  for
        their countries' international commitments, and to work towards
        the high degree of transparency allowing for such scrutiny;


    19.       Calls  upon  parliaments  to  designate  a  parliamentary
        committee, or to create one at the national level  if  no  such
        body exists, to engage with the government in a regular  debate
        on national SALW policy and control practice;


    20.      Encourages parliaments in this context to promote  regular
        reporting  by  governments  to  national  parliaments  on  SALW
        transfers, in order to allow for  informed  debate  on  whether
        government practices are in conformity with stated  policy  and
        legislation;


    21.      Recommends that parliaments closely monitor the efficiency
        and effectiveness of their governments' fiscal measures related
        to  SALW  policies  and,   where   necessary,   request   their
        governments to  provide  financial  and  technical  support  to
        international SALW research initiatives and funds;


    22.      Invites the  relevant  parliamentary  committees  to  seek
        regular exchanges of views and information with governments  in
        a debate on government policy and action at both  the  national
        and multilateral levels, and to request  their  governments  to
        include parliamentarians in national  delegations  to  regional
        and international meetings  between  States  on  combating  the
        illicit trade in SALW;


    23.      Encourages parliaments in a position to  do  so  to  offer
        assistance to other parliaments requesting such assistance,  so
        as to develop national capacities to engage in  a  dialogue  on
        SALW with governments and scrutinize their policy  and  action,
        and requests that the IPU compile a list of parliaments able to
        provide assistance in this field to interested parliaments;


    24.       Invites  the  IPU,  in  cooperation  with  its   relevant
        partners, to promote capacity-building programmes  that  enable
        parliaments to make effective contributions to  the  prevention
        and combating of SALW proliferation and misuse;


    25.       Recommends  that  parliaments  in  countries  engaged  in
        disarmament, demobilization, reintegration  and  rehabilitation
        (DDRR) programmes encourage their governments to prioritize  in
        such programmes "weapons in exchange for  development"  schemes
        to  provide  community-based  incentives  for   the   voluntary
        surrender of illicitly held SALW;


    26.      Recommends that  parliaments  in  post-conflict  countries
        encourage their governments to ensure that  the  reconstruction
        process  is  promoted  under  an  international  framework  for
        conflict prevention and peace-building;


    27.      Encourages parliaments to support  the  participation  and
        active role of  women  in  DDRR  processes  and  peace-building
        activities, and stresses the   need  to  incorporate  a  gender
        perspective  in  DDRR   and   peace-building   strategies   and
        activities;


    28.      Encourages parliaments to  urge  governments  involved  in
        DDRR programmes to  pay  particular  attention  to  the  unique
        circumstances of child  soldiers  and  the  rehabilitation  and
        reintegration of former child soldiers into civilian  life,  in
        order to prevent such children from resorting to armed crime;


    29.       Encourages  parliaments  to  urge  their  governments  to
        destroy, in public view and wherever possible, all illicit SALW
        that are recovered by the national authorities in  the  context
        of armed conflict and crime, including SALW  recovered  in  the
        context of DDRR programmes, and to dispose of such  SALW  in  a
        safe, environmentally responsible and cost-effective manner;


    30.       Calls  upon  parliaments   to   intensify   international
        cooperation to prevent the illicit international arms trade and
        its links with international organized crime, particularly drug
        trafficking;


    31.      Exhorts the parliaments of countries that produce SALW  to
        develop effective mechanisms  for  regulating  their  sale  and
        distribution,  both  nationally   and   internationally,   thus
        preventing their proliferation;


    32.       Recommends  that  parliaments  continue  and   strengthen
        efforts, and work together with civil society, including  NGOs,
        to prevent the outbreak of conflict in regions and States prone
        to  tensions  and  to  resolve  social  and  economic  problems
        underpinning  such  tensions  and  armed  conflict,   including
        efforts to fight  poverty,  social  exclusion,  trafficking  in
        human beings, drugs and  natural  resources,  organized  crime,
        terrorism and racism;


    33.      Urges parliaments in this context  to  adopt  and  support
        adequate national measures to limit demand in  their  societies
        for SALW and firearms,  and  in  particular  to  eradicate  the
        demand for illicit SALW and firearms;


    34.      Encourages parliaments  to  develop  strategies  aimed  at
        building public  awareness  of  the  negative  effects  of  the
        illicit acquisition of SALW, including  by  proposing  that  an
        international day  be  observed  annually  to  publicize  these
        effects, and to participate in  relevant  programmes  with  the
        media, in coordination with the government and civil society;


    35.      Calls upon parliaments to promote full  implementation  by
        their governments of their pledges  under  the  United  Nations
        Millennium  Declaration  to  ensure  the  achievement  of   the
        Millennium  Development  Goals,  a   measure   which   requires
        disarmament and the reduction of armed violence.
    *  The delegation of India expressed strong reservations to the
       text of the resolution as a whole.


    Referred to the Portfolio Committee on Safety and Security for
    consideration and report and to the Joint Standing Committee on
    Defence for consideration.

    THE  ROLE  OF  PARLIAMENTS  IN  ENVIRONMENTAL  MANAGEMENT  AND   IN
    COMBATING GLOBAL DEGRADATION OF THE ENVIRONMENT


    Resolution adopted by consensus* by the 114th Assembly
    (Nairobi, 12 May 2006)


    The 114th Assembly of the Inter-Parliamentary Union,


    Alarmed at the state of the world’s ecosystems  and  recalling  the
    following agreements and instruments:


     • The Declaration of the United Nations Conference  on  the  Human
       Environment (Stockholm, 1972);
     • The Convention on Long-range Transboundary Air Pollution (1979);


     • The United Nations Convention on the Law of the Sea (1982);
     • The Rio Declaration on Environment and  Development  and  Agenda
       21, adopted by the United Nations Conference on Environment  and
       Development (1992);
     • The United Nations Convention on Biological Diversity (1992) and
       the Cartagena Protocol on Biosafety (2000);
     • The Convention to Combat Desertification (1994);
     • The  United  Nations  Framework  Convention  on  Climate  Change
       (UNFCCC, 1992) and its Kyoto Protocol (1997);
     • The Johannesburg Declaration on Sustainable Development and  the
       Plan  of  Implementation  adopted  at  the   World   Summit   on
       Sustainable Development (WSSD) (2002);
     • The 2005 World Summit Outcome,


    Further recalling the following reports and events:


     • Reports to the Club of Rome, Limits  to  Growth  (1972)  and  No
       Limits to learning (1979);
     • The World Commission on Environment and Development  report  Our
       Common Future (1987);
     • The United Nations Millennium Development Goals (MDGs) (2000);
     • The United Nations Global Compact (2000);
     • The Third Assessment Report of the  Intergovernmental  Panel  on
       Climate Change (2001);
     • The Millennium Ecosystem Assessment (2001);
     • The Monterrey Consensus adopted by the International  Conference
       on Financing for Development (2002);
     • The Report of the United Nations  Environment  Programme  (UNEP)
       entitled  Natural  Selection:  Evolving  Choices  for  Renewable
       Energy Technology and Policy (2003);
     • The Parliamentary Declaration  entitled  Toward  Sustainability:
       Implementing  Agenda   21,   adopted   by   consensus   at   the
       Parliamentary Meeting held on the occasion of the 2002 WSSD;
     • The final report  of  the  United  Nations  Millennium  Project,
       Investing in Development (2005);
     • The support for the  Earth  Charter  expressed  at  the  General
       Conference of the United  Nations  Educational,  Scientific  and
       Cultural Organization (UNESCO) (2003);
     • The IUCN World Conservation Congress  resolution  endorsing  the
       Earth Charter (2004);
     • The Ministerial Conference on the 3R initiative (2005);
     • The eleventh session of the Conference of  the  Parties  to  the
       United Nations Framework Convention on Climate Change  (COP  11)
       and the first meeting of  the  Parties  to  the  Kyoto  Protocol
       (COP/MOP 1) (2005);
     •  The  Mauritius  Strategy  and  Declaration  drawn  up  at   the
       International  Meeting  to  Review  the  Implementation  of  the
       Programme of Action for the  Sustainable  Development  of  Small
       Island Developing States (2005);
     • The Hyogo Declaration and the Hyogo Framework for  Action  2005-
       2015:
     • Building the Resilience of Nations and Communities to  Disasters
       (2005);
     • The Parliamentary Declaration of the Fourth  World  Water  Forum
       (Mexico, 2005);
     • The Asia-Pacific Partnership on Clean  Development  and  Climate
       (2005);
     • The Strategic Approach  to  International  Chemicals  Management
       (SAICM) adopted by the  International  Conference  on  Chemicals
       Management (ICCM) (2006),


    Deeply concerned that, while there has been some action relating to
    these commitments, many of them remain unfulfilled, and emphasizing
    the support expressed by the Inter-Parliamentary Union for measures
    aimed at curbing global environmental  degradation,  especially  in
    the following statements, declarations, and resolutions:


     • The statement adopted by the 87th Inter-Parliamentary Conference
       and  entitled  Environment  and  Development:   The   views   of
       parliamentarians on the main directions of  the  United  Nations
       Conference on Environment  and  Development  and  its  prospects
       (Yaoundé, 1992);
     •  The  Declaration  adopted  by  the   97th   Inter-Parliamentary
       Conference and entitled Measures required to change  consumption
       and production patterns with a view to  sustainable  development
       (Seoul, 1997);
     •  The  resolution  adopted  by  the   107th   Inter-Parliamentary
       Conference and entitled Ten years after Rio: Global  degradation
       of the environment  and  parliamentary  support  for  the  Kyoto
       Protocol (Marrakech, 2002);
     •  The  resolution  adopted  by  the   108th   Inter-Parliamentary
       Conference  and  entitled  International  cooperation  for   the
       prevention and management of transborder natural  disasters  and
       their impact on the regions concerned (Santiago de Chile, 2003);


     • The resolution adopted by  the  111th  Assembly  of  the  Inter-
       Parliamentary Union and entitled  The  role  of  parliaments  in
       preserving   biodiversity   (Geneva,   2004),   supporting   the
       commitment of the 2002 WSSD to achieve a  significant  reduction
       in the current rate of loss of biological diversity by 2010,


    Recognizing that global environmental problems pose a common threat
    to  all  humanity,  particularly  to  developing   countries,   and
    constitute a  common  but  differentiated  responsibility  for  all
    countries,


    Considering the high level  of  exhaust  substances  in  the  ozone
    layer, and concerned about  the  growing  environmental  impact  of
    climate change,


    Acknowledging the need  for  cooperation  among  all  stakeholders,
    including government, civil society and business,


    Recognizing that it has  become  urgent  to  reconcile  sustainable
    development with globalization, the latter being  the  cause  of  a
    vicious   cycle   of   environmental   degradation   triggered   by
    unsustainable production and consumption patterns in both developed
    and developing nations, among other factors,


    Also recognizing the  importance,  in  establishing  a  sustainable
    society, of the role of  education  and  learning,  which  have  an
    impact on the awareness, lifestyle and work ethic of individuals,


    Emphasizing that preservation of the environment  is  essential  to
    poverty eradication and the achievement of the MDGs,


    Noting the launch in 2005 of the United Nations Decade of Education
    for Sustainable Development (UNDESD), involving all actors and  all
    levels  of  national  education  systems,  UNESCO’s   International
    Implementation Scheme  for  the  UNDESD,  and  the  United  Nations
    Economic Commission for Europe’s Regional  Strategy  for  Education
    for Sustainable Development  and  the  Vilnius  framework  for  its
    implementation,


    Also noting that the  International  Conference  on  Financing  for
    Development, held in Monterrey, Mexico, reaffirmed that the  target
    for the provision of official development assistance (ODA) was  0.7
    per cent of developed  countries'  gross  national  product  (GNP),
    recognizing  the  need  to  study  new  approaches  to   innovative
    financial mechanisms, and  calling  on  governments  of  developing
    countries  to  take  urgent   action   for   ensuring   sustainable
    development,


    Believing that effective administrative bodies and  enabling  legal
    and regulatory  frameworks  constitute  the  cornerstones  of  good
    governance and  thereby  enable  governments  to  address  critical
    environmental protection concerns,


    Emphasizing the importance of the gender perspective in efforts  to
    tackle national disasters, degradation of the natural  environment,
    environmental pollution, deforestation, global  warming  and  other
    environmental problems,


    Recognizing the need to establish a  sound  material-cycle  society
    with the 3R (Reduce, Reuse and Recycle) initiative,


    Concerned about the contamination of global water resources and the
    deterioration  of  the  quality  of  drinking   water   for   human
    consumption, and about water consumption increases worldwide, which
    together result in water shortages in some regions  of  the  world,
    worsening desertification and deforestation,


    Emphasizing that environmentalism should become a way of life  that
    governs the behaviour and activities of all,
    Acknowledging  the  significance  of  the  precautionary   approach
    advocated in Principle 15 of the Rio Declaration on Environment and
    Development, the objective  of  the  UNFCCC  climate  stabilization
    clauses, and the fact that scientific  uncertainty  concerning  the
    causes of global warming can no longer be an excuse for not  taking
    any action,


    Noting the UNEP publication Natural Selection: Evolving Choices for
    Renewable  Energy  Technology  and  Policy,  and  anticipating  the
    potential of a cleaner economy in the future,


    Recalling the essential role played by parliaments in strengthening
    efforts to encourage sustainable  development  through  legislative
    and budgetary policies that are consistent with the objectives  set
    forth  in  the  international  conventions,   through   appropriate
    initiatives to monitor  government  action,  and  through  advocacy
    aimed at public opinion and society at large,


    1. Calls upon governments to ensure prompt  implementation  of  all
       international environmental conventions to which they are party;




    2. Proposes that international environmental governance and  UNEP's
       role as a provider of policy  advice  and  guidance  be  further
       strengthened, that the participation  of  all  relevant  actors,
       including NGOs, in international environmental policy-making  be
       ensured,  and   that   multilevel   environmental   partnerships
       fostered;


    3. Calls upon all environmental management  decision-making  bodies
       to take into account the experiences, perspectives and knowledge
       of women,  and  to  ensure  their  equal  participation  in  the
       planning,  formulation,   implementation   and   evaluation   of
       environmental  policies  in  order  to  mainstream  the   gender
       component in all environmental programmes;


    4. Recalls that the European Union advocates the transformation  of
       UNEP  into   a   full-fledged   United   Nations   environmental
       organization;


    5. Calls upon parliaments, as front-line actors in  the  system  of
       global  environmental  governance,  to  participate  actively  -
       through their own delegations - in all international  events  at
       which the major options for protecting the environment  and  for
       using natural resources sustainably are debated and negotiated;


    6. Calls upon governments, when deciding  policies,  to  take  into
       account the Millennium Ecosystem Assessment and its main message
       that  human  well-being   and   progress   towards   sustainable
       development  hinge  on  improving  the  management  of   Earth’s
       ecosystems with  a  view  to  ensuring  their  conservation  and
       sustainable use;


    7. Proposes that UNEP prepare a list of global environmental  goals
       similar to the MDGs, supplement these goals  with  criteria  and
       indicators  for   their   implementation   and   promote   their
       implementation as  a  significant  contribution  to  sustainable
       development;


    8. Encourages parliamentarians to press their governments  to  give
       high priority to  their  international  sustainable  development
       commitments, including the MDGs;
    9. Stresses the need for ensuring the protection  of  biodiversity,
       including on the high seas outside the jurisdiction  of  coastal
       States;


   10. Calls  upon  countries  that  have  not  acceded  to  the  Kyoto
       Protocol, starting with those that pollute the most, to do so in
       order to give effect to measures for the  prevention  of  global
       warming;


   11. Calls for, in the framework of the second commitment  period  of
       the Kyoto Protocol, strengthened commitments from all  countries
       under Annex 1 as soon as possible;


   12. Calls upon all countries designing  a  post-Kyoto  framework  to
       shoulder    greenhouse    gas     emission     reduction/control
       responsibilities, in  accordance  with  the  principles  of  the
       UNFCCC, while also calling upon developed countries  to  provide
       further support to developing nations;


   13. Calls upon  parliaments  to  secure  national  backing  for  the
       objective recommended by the international scientific  community
       with regard to global warming, namely to limit to 2°C  the  rise
       in mean global temperatures compared with pre-industrial levels,
       and to take action towards attaining that objective, bearing  in
       mind that a decrease in greenhouse gas emissions by a factor  of
       two globally and by a factor  of  four  for  the  industrialized
       countries is generally considered necessary for  achieving  that
       goal;


   14. Strongly  urges  governments  and  parliaments  to  reverse  the
       negative  environmental  developments  in  the  Arctic   region,
       particularly regarding the effects of climate change, and  warns
       against the effects of the accumulation of persistent pollutants
       in regions which are particularly vulnerable to climate change;


   15. Calls upon governments  and  public  financial  institutions  to
       promote  research,  development  and  deployment  of  low-impact
       renewable energies, and to encourage the transfer to  developing
       countries  of  technologies  that  are   appropriate   for   the
       geographical and natural conditions of each region;


   16. Recalls such international efforts as the Renewable  Energy  and
       Energy Efficiency Partnership (REEEP) and the role played by the
       International Energy Agency (IEA),  as  positive  steps  in  the
       direction of improving energy efficiency and cooperation;


   17. Encourages governments and parliaments to advocate environmental
       awareness  and  educate  the  public  about  coordinated  action
       against environmental degradation;


   18. Supports and promotes the development of a ten-year framework of
       programmes in support of regional and  national  initiatives  to
       accelerate  the  shift  towards  sustainable   consumption   and
       production, and in this connection calls for  the  promotion  of
       sustainable public procurement;


   19. Calls  upon  parliaments  fully  to  commit  themselves  to  the
       challenges of climate change  and  its  effects  on  the  global
       environment and to take  the  necessary  legislative  action  to
       mitigate the effects of the problem;


   20. Calls upon governments and  parliaments,  with  due  regard  for
       national  circumstances,  clearly  to  define  corporate  social
       responsibility in their domestic legislation, and to uphold  the
       philosophy of the Ministerial Conference on the  3R  initiative,
       in order to promote the development of  a  sound  material-cycle
       society;
   21. Calls upon parliaments to promote, within  the  context  of  the
       ratification of  international  conventions  and  treaties,  the
       adoption of national plans on  major  environmental  issues  and
       sustainable development in which goals,  including  quantitative
       goals, are set;


   22. Calls upon parliaments to promote  legislation  that  stimulates
       the development of  environmentally-friendly  products,  and  to
       promote the use of green bonds and Clean Development Mechanisms;




   23. Encourages governments and parliaments to  ensure  accession  to
       and implementation of the United Nations  Convention  to  Combat
       Desertification (1994), and supports the International  Year  of
       Deserts and Desertification (2006);


   24. Calls for early ratification of the International Convention for
       the Control and Management of Ships' Ballast Water and  Sediment
       (2004);


   25. Encourages parliamentarians in all  States  to  advance  efforts
       towards education for sustainable development and  to  serve  as
       role models for the global citizens who will be  the  foundation
       of a sustainable future, and calls for  programmes  specifically
       targeting women  in  order  to  strengthen  their  role  as  key
       managers of natural resources;


   26. Calls  upon  parliaments  to  recognize  that  preservation  and
       conservation of the hydrological cycle are  key  to  maintaining
       the climatic and environmental cycles that serve  to  regenerate
       the water supplies  needed  to  ensure  social  development  and
       quality of life for the world's peoples, particularly  in  terms
       of health and food production, and  to  prevent  desertification
       and deforestation;
   27. Calls upon governments, in cooperation with international bodies
       dealing with environmental issues, businesses and civil  society
       organizations, to put in  place  UNDESD  implementation  schemes
       that include systems for periodic monitoring and assessment;


   28. Encourages environmental  bodies  to  develop  sex-disaggregated
       indicators and data and to undertake  systematic  gender  impact
       analysis assessments and  research  in  order  to  evaluate  the
       impact of environmental policies on both sexes;


   29.  Calls  upon  parliaments  to  promote  greater  technical   and
       financial  cooperation  on  renewable  energies  by  encouraging
       transfers of technology and human, technical  and  institutional
       capacity-building between developed and less developed nations;


   30. Calls upon governments and parliaments, in view of  the  climate
       stabilization clauses of the UNFCCC, to take action  to  greatly
       reduce greenhouse gas emissions, share best practices, and carry
       out applied studies and  research,  including  using  the  back-
       casting approach;


   31. Calls upon parliaments and governments to ensure that women have
       access to land ownership  and  are  allowed  to  manage  natural
       resources,  as  balanced  ownership  patterns  are  a  principal
       requirement for avoiding environmental degradation;


   32. Urges all countries to formulate a  comprehensive  environmental
       policy that can genuinely enhance and  sustain  economic  growth
       without destructive consequences for our shared resources;
   33. Calls upon governments and parliaments, in the light of the last
       WSSD,  to  pursue  and  support  more  efficient  and   coherent
       implementation of the Convention on Biological Diversity and its
       Cartagena  Protocol  on  Biosafety,  to  achieve  a  significant
       reduction in the current rate of loss of biological diversity by
       2010, which will require action at  all  levels,  including  the
       preparation  and   implementation   of   national   biodiversity
       strategies and action plans;


   34. Acknowledges the controversies which surround the nuclear option
       for energy production,  together  with  the  problems  posed  by
       decommissioning,  storage  of  nuclear  waste   and   accidental
       leakage, and, at the same time, recognizes the need to keep  the
       option  open  and  for  increased  research  to  overcome  these
       problems;


   35. Encourages parliaments to draw up the necessary legislation,  to
       review a  menu  of  policy  options,  including  ecological  tax
       reform, and to propose such policies to governments;


   36. Calls  upon  parliaments  and  governments  to  ensure  adequate
       funding for  UNEP  and  sufficient  financial  backing  for  the
       implementation  of  environmental  management  legislation,  and
       encourages the development of green budgeting based on the model
       of gender budgeting;


   37.   Urges   parliamentarians,   and   more   specifically    women
       parliamentarians,  to   establish   lobbying   networks   within
       parliaments to bring about changes in the management of  natural
       resources;


   38. Also encourages governments to include in  their  budgets  clear
       indications of the financial and non-financial costs related  to
       environmental  degradation,  and  the  benefits   of   ecosystem
       services;


   39. Encourages all transnational companies to  adopt  and  implement
       high environmental standards as part of their  corporate  social
       responsibility, in line with the cooperation provided for in the
       Global Compact;


   40. Encourages parliaments and governments to give  citizens  access
       to information on the local environmental situation;


   41. Invites parliaments  to  promote  the  development  of  new  and
       broader  tools  and  methods  for  measuring   GDP   and   other
       standardized economic concepts, said tools and methods  to  take
       account of the value of natural resources, in order  to  enhance
       sustainable development;


   42. Encourages parliaments to facilitate the participation  of  NGOs
       in strengthening popular  support  for  environmental  work,  in
       particular to mitigate the effects of climate change.


    *  The delegation of  India  expressed  reservations  on  operative
    paragraphs 4 and 16.  Two of the four members of the delegation  of
    Australia expressed reservations on operative paragraphs 10 and 11.
    The delegation of Venezuela  expressed  reservations  on  operative
    paragraph 10.

    Referred to the Portfolio Committee on  Environmental  Affairs  and
    Tourism  for  consideration  and  report,  and  to  the   Portfolio
    Committee on Minerals and Energy for consideration.


    HOW PARLIAMENTS CAN AND MUST PROMOTE EFFECTIVE  WAYS  OF  COMBATING
    VIOLENCE AGAINST WOMEN IN ALL FIELDS


    Resolution adopted by consensus* by the 114th Assembly
    (Nairobi, 12 May 2006)


    The 114th Assembly of the Inter-Parliamentary Union,


    Reaffirming that violence against women constitutes a violation  of
    women’s human rights and fundamental freedoms,


    Stressing that the causes  and  consequences  of  violence  against
    women are intrinsically linked to longstanding gender  inequalities
    and discrimination that restrict the full  enjoyment  by  women  of
    their human rights,


    Recognizing that women belonging to minority and indigenous groups,
    refugee women, internally displaced  women,  migrant  women,  women
    living in rural or remote communities, destitute  women,  women  in
    institutions or detention, women with disabilities, elderly  women,
    women  in  situations  of  armed  conflict  and  in   post-conflict
    situations and girl children are especially vulnerable to violence,




    Alarmed by the perpetuation of violence  against  women  throughout
    the world, both  in  the  home  and  in  the  workplace,  including
    trafficking in women and  girls  and  forced  prostitution,  sexual
    violence within  and  outside  marriage,  and  certain  traditional
    practices that are harmful to women,


    Aware that violence against women increases their vulnerability  to
    HIV/AIDS and often impedes their access  to  prevention,  care  and
    treatment services, thus contributing to the conditions that foster
    the spread of HIV/AIDS,


    Stressing that it is the responsibility of States to act  with  due
    diligence to prevent human rights violations, investigate  acts  of
    violence,  punish  their  perpetrators  and  protect  and   provide
    reparation to victims of violence,


    Noting that rape, sexual  slavery,  enforced  prostitution,  forced
    pregnancy, enforced sterilization and all  other  forms  of  sexual
    violence of comparable gravity are crimes under  international  law
    and should be repressed and punished as such,


    Reaffirming that States are not justified in invoking  any  custom,
    tradition or religious consideration to avoid their obligations  to
    eliminate violence against women,


    Recalling the importance of the Convention on  the  Elimination  of
    All Forms of Discrimination against Women (1979) and  its  Optional
    Protocol (1999), of the Declaration on the Elimination of  Violence
    against Women (1993), and of the Beijing Declaration  and  Platform
    for Action (1995)  as  effective  instruments  to  combat  violence
    against  women,  and  noting  the  existence  of   regional   legal
    instruments on violence against women,
    Noting all relevant resolutions adopted by United  Nations  bodies,
    including Commission on Human Rights resolution 1994/45 of 4  March
    1994 appointing a Special Rapporteur on violence against women, its
    causes and  consequences,  and  Security  Council  resolution  1325
    (2000) on women and peace and security,


    Recalling  the  Inter-American  Convention   on   the   Prevention,
    Punishment and Eradication of Violence against  Women,  adopted  in
    Belém Do Pará in 1994,


    Noting that violence against women hinders  human  development  and
    the achievement of the Millennium Development Goals,


    Stressing that the eradication of violence against  women  requires
    preventive and responsive policies and actions and the  involvement
    of all members of society, including men,


    Stressing that the  newly  established  Human  Rights  Council  and
    Peacebuilding Commission will  be  crucial  to  the  promotion  and
    protection of the rights of women,


    Stressing the key  role  of  parliaments  and  parliamentarians  in
    preventing and eliminating violence against women, and the need for
    States to cooperate  with  and  support  organizations  working  to
    eliminate violence against women, especially women's organizations,




    Urges governments  and  parliaments  to  ratify  international  and
    regional instruments pertaining to violence against women, such  as
    the Convention on the Elimination of All  Forms  of  Discrimination
    against Women (CEDAW) and its Optional Protocol, and to ensure full
    compliance with those instruments and with pertinent United Nations
    resolutions;


    Calls  upon  parliaments  to  ensure  that  CEDAW  country  reports
    systematically include information on violence  against  women,  in
    particular statistical data disaggregated by sex,  on  legislation,
    on support services to victims and on  other  measures  adopted  to
    eliminate violence against women;


    Urges parliamentarians to refer to  and  make  use  of  the  IPU/UN
    Handbook for Parliamentarians: The Convention on the Elimination of
    All  Forms  of  Discrimination  against  Women  and  its   Optional
    Protocol;
    Calls upon governments and parliaments  to  give  priority  to  and
    raise awareness about violence against women as both a cause and  a
    consequence of rising HIV/AIDS and to include these  considerations
    in the relevant national strategy;


    Calls upon governments to implement United Nations General Assembly
    resolution 52/86 on Crime prevention and criminal justice  measures
    to eliminate violence against women, and, in particular, to  punish
    all acts of violence against women perpetrated  by  State  or  non-
    State actors in the public and the private  spheres,  to  establish
    courts specialized in  hearing  cases  of  such  violence,  and  to
    establish a governmental body promoting the prosecution of all acts
    of violence;


    Calls   upon   governments,   parliaments   and    non-governmental
    organizations to organize activities to promote public awareness of
    the  problem  of  violence  against   women,   including   on   the
    International Day for the Elimination of  Violence  Against  Women,
    which is observed on 25 November each year;


    Encourages  governments  to  provide  training  to   all   relevant
    government  agencies,  especially  the  police   forces   and   the
    judiciary, on ways to address gender-related violence;


    Encourages governments and parliaments to  establish  observatories
    on violence against women, and to develop  indicators  and  compile
    data,  disaggregated  by  sex,  to  monitor  the  effectiveness  of
    policies for the elimination of such violence;


    Encourages the establishment of parliamentary bodies to monitor and
    evaluate  all  international  and  national  measures  designed  to
    prevent and eradicate violence against women, and suggests  that  a
    rapporteur for these bodies submit an annual report to the Assembly
    for information, debate and public circulation;


    Encourages governments to collaborate with the  Special  Rapporteur
    on Violence Against  Women  on  developing  internationally  agreed
    indicators and mechanisms to measure violence against women;


    Calls  upon  governments  and  parliaments  to  enact  and  enforce
    legislation against the perpetrators of violent practices and  acts
    of violence against women and children, including tough  and  clear
    measures to combat recidivism;


    Calls upon parliaments to review legislation  to  detect  practices
    and traditions that impede the attainment of equality  between  the
    sexes and to eliminate inequality in all spheres, in particular  in
    education, health and access to property and land;


    Calls for the promotion of  nationwide  awareness  and  educational
    campaigns to encourage changes in  social  and  cultural  attitudes
    regarding gender roles and to eliminate patterns of behaviour  that
    engender violence; to that end,  encourages  cooperation  with  the
    media;


    Calls upon governments and parliaments to ensure that  information,
    education and training on gender-related violence are available  to
    all  public  agents,  including  the  judiciary,  involved  in  the
    prevention and prosecution of violence against  women  and  in  the
    provision of health care and support services for victims;


    Requests parliaments to allocate  sufficient  budget  resources  to
    facilitate universal access to reproductive health information  and
    services;


    Calls upon parliaments to  ensure  that  sufficient  resources  are
    allocated and clearly earmarked in the national  budget  for  plans
    and programmes to eradicate violence against women in all fields;


    Calls upon parliaments to denounce and combat the extreme forms  of
    gender violence against women that are derived from  the  violation
    of their human rights and shaped by  forms  of  misogynous  conduct
    that may go unpunished, and which have culminated in  homicide  and
    other forms of violent death of women;


    Urges all States to cooperate with  and  support  all  women’s  and
    other organizations working to eliminate violence against women;


    On domestic violence


    Calls upon governments and parliaments, if they have not  yet  done
    so, to develop and implement specific legislation and/or strengthen
    appropriate mechanisms to handle criminal matters relating  to  all
    forms of domestic violence, including marital rape and sexual abuse
    of women and girls, and to ensure that such cases  are  brought  to
    justice swiftly;


    Calls upon governments and parliaments, if they have not  yet  done
    so,  to  develop  and  implement  adequate  legislation  to  combat
    domestic violence;


    Calls upon governments and parliaments to develop national plans to
    combat domestic violence that include measures related to research,
    prevention,   education,   information   and   penalization,    the
    prosecution and punishment of all acts of  violence  against  women
    (including  violence  within  marriage),  social,   financial   and
    psychological support for  victims  (including  children  who  have
    witnessed domestic violence against their mothers), special support
    for the most vulnerable groups and effective legal tools to protect
    victims;


    Calls upon national legislators to make certain that legislation on
    violence  against  women  precludes  any  kind  of  culture-related
    violence; also calls upon legislators to deny  any  form  of  undue
    mitigation of sentence for crimes committed in the name of culture;




    Calls  upon  governments  and  parliaments  to  adopt  measures  to
    encourage adequate reporting of domestic  violence  and  to  combat
    recidivism;


    On female genital mutilation/cutting


    Calls upon parliaments to spare no effort  to  end  female  genital
    mutilation/cutting (FGM/C) within a generation;


    Recommends  that  strategies  for  the  abandonment  of  FGM/C   be
    developed within the wider context of the promotion  of  all  human
    rights, including the right to education,  health  and  development
    and the reduction of poverty;


    Calls upon parliaments to  work  with  civil  society,  traditional
    chiefs and religious  leaders,  women’s  and  youth  movements  and
    governments  to  ensure  complementarity  in  working  towards  the
    abandonment of  FGM/C;  and  together  with  governments,  to  take
    measures to raise awareness about  the  issue,  placing  particular
    emphasis on targeted training for health personnel;


    Calls upon States that have not yet done so  to  adopt  legislation
    outlawing FGM/C;


    Calls upon parliaments  to  take  note  of  the  Final  Declaration
    adopted  by  the  African  Parliamentary  Conference  on  "Violence
    against Women,


    Abandoning  female  genital  mutilation:  the  role   of   national
    parliaments", held in Dakar in  December  2005,  and  to  take  all
    necessary measures for its dissemination and implementation;


    At the workplace


    Calls upon parliaments to ensure  compliance  with  United  Nations
    General Assembly resolutions  on  violence  against  women  migrant
    workers and with General Recommendation No. 19 of the Committee  on
    the Elimination of Discrimination against Women,  as  well  as  the
    International Convention on the Protection of  the  Rights  of  All
    Migrant  Workers  and   Members   of   Their   Families,   relevant
    International  Labour  Organization  conventions  and   all   other
    international instruments that  contribute  to  the  protection  of
    migrant women, by increasing activities to prevent violence against
    migrant workers, by promoting and protecting their  rights  and  by
    strengthening relations among  countries  of  origin,  transit  and
    destination;


    Requests  parliaments  to   promote   close   cooperation   between
    governments,  employers  and  trade  unions  to   achieve   greater
    efficiency in preventing and  eradicating  all  forms  of  violence
    against women in the workplace, including through the enactment  of
    legislation that explicitly  prohibits  sexual  harassment  in  the
    workplace where such legislation does not exist;


    On sexual violence


    Calls upon parliaments and governments to review the effectiveness,
    at  the  national  and  local  levels,  of  legislation  on  sexual
    violence; further calls for the establishment of a policy  exchange
    network to facilitate exchanges of policy options  and  experiences
    at the international level;


    Calls  upon  parliaments  and  governments  to  make  rape,  sexual
    slavery,  enforced   prostitution,   forced   pregnancy,   enforced
    sterilization, and any other form of sexual violence of  comparable
    gravity, crimes under their domestic  legislation  and  to  repress
    them as such;


    Encourages parliaments to evaluate the adequacy  of  the  penalties
    imposed for the aforementioned crimes and to make every  effort  to
    ensure that such penalties are enforced;


    Emphasizes the value of effective legal and correctional programmes
    to prevent recidivism by perpetrators of  sexual  violence  against
    women;


    Calls  upon  parliaments,  when  debating  methods  for   gathering
    evidence and devising measures to punish  sex  offenders,  to  give
    special attention to the fact that children and  mentally  disabled
    and other disabled women - who are especially vulnerable to  sexual
    violence - find it difficult to testify in court;


    Calls upon  parliaments  and  governments  to  examine  systems  of
    investigation and prosecution and the way in which the media  cover
    sexual violence, and to  take  appropriate  measures  in  order  to
    minimize further trauma to victims of sexual violence;


    On human trafficking


    Urges those States that have not yet done so to sign and ratify the
    United Nations Convention  against  Transnational  Organized  Crime
    along with its Protocol to Prevent, Suppress and Punish Trafficking
    in Persons, Especially Women and Children;


    Recognizes that globalization has aggravated and accelerated  human
    trafficking, and stresses  the  need  to  build  international  and
    regional  cooperation  among  countries  of  origin,  transit   and
    destination,   through   instruments   such   as    memoranda    of
    understanding, bilateral agreements and regional treaties  such  as
    the Council of Europe Convention on Action against  Trafficking  in
    Human Beings;


    Calls upon governments to address all factors and root causes which
    foster demand for prostitution and make women and girls  vulnerable
    to trafficking;


    Encourages governments to establish legal mechanisms to protect the
    victims of trafficking,  a  considerable  number  of  whom  may  be
    without legal status and who may not, as a result of  this  status,
    report to the authorities, and to ensure  that  they  are  not  re-
    victimized by providing for the possibility, in accordance with the
    basic principles of the national  legal  system,  of  not  imposing
    penalties on victims for their involvement in  unlawful  activities
    to the extent that they have participated under duress;


    Encourages governments to adopt measures  for  the  protection  and
    rehabilitation of victims of human trafficking;


    Calls upon States to  conduct  information  and  public  awareness-
    raising  campaigns  to   inform   women   about   migration-related
    opportunities, limitations and rights, thus enabling them  to  take
    informed decisions on migration and preventing them  from  becoming
    victims of trafficking;


    On violence in situations of armed conflict


    Invites States that have not yet done so to  become  party  to  the
    Geneva Conventions on the protection of victims of armed  conflicts
    (1949)  and  their  Additional  Protocols  (1977),  the  Convention
    relating to the Status of Refugees (1951) and its Protocol  (1967),
    the Optional Protocol to the Convention on the Rights of the  Child
    on the involvement of children  in  armed  conflict  and  the  Rome
    Statute of  the  International  Criminal  Court,  to  withdraw  any
    existing reservations, and to ensure full compliance in law and  in
    practice with these instruments;


    Calls upon parliaments to intensify efforts,  in  cooperation  with
    relevant international organizations such  as  the  Office  of  the
    United Nations High Commissioner for  Human  Rights  (UNHCHR),  the
    Office  of  the  United  Nations  High  Commissioner  for  Refugees
    (UNHCR), the United Nations Development Fund  for  Women  (UNIFEM),
    the  United  Nations  Fund   for   Children   (UNICEF),   and   the
    International Committee of the Red Cross  (ICRC),  to  enforce  the
    special procedures of the Human Rights Council, to improve  systems
    to monitor and report violence against women  and  girls  in  armed
    conflict, to take the necessary steps against the  perpetrators  of
    such acts, and to provide assistance to victims;


    Calls upon parliaments to promote full and effective implementation
    of Security Council resolution 1325 (2000), and to ensure that  the
    elimination of violence against women in post-conflict societies is
    included  in  the  mandate  of  the  United  Nations  Peacebuilding
    Commission  as  part  of  the   disarmament,   demobilization   and
    reintegration (DDR) processes;


    Requests parliaments and governments to ensure a gender balance  in
    military and peacekeeping operations, including  the  participation
    of women at the decision-making level in all peacekeeping and peace
    processes, and to provide training in gender equality issues;


    Requests  parliaments  and   governments   to   ensure   that   all
    peacekeeping troops receive training in the United Nations Code  of
    Personal Conduct for Blue Helmets, international human  rights  law
    and international humanitarian law.


    *  Two of the four members of the delegation of Australia expressed
    reservations on the reference in operative paragraph 1 to the CEDAW
    Optional Protocol. The delegation of the Islamic Republic  of  Iran
    expressed reservations on  preambular  paragraph  8  and  operative
    paragraph 12
    Referred to  the  Joint  Monitoring  Committee  on  Improvement  of
    Quality of Life and Status of Women for  consideration  and  report
    and to the Joint Monitoring Committee on Improvement of Quality  of
    Life and Status of Children, Youth and Disabled Persons,  Portfolio
    Committee on Justice and Constitutional Development  and  Portfolio
    Committee on Safety and Security for consideration.