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National Council of Provinces - 25 October 2006

WEDNESDAY, 25 OCTOBER 2006 __

          PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES

                                ____

The Council met at 15:03.

The Deputy Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

                          AWARD TO CENTLEC

                         (Draft Resolution)

Mr C J VAN ROOYEN: Chairperson, I hereby move without notice:

That the Council –

(1) notes that –

    (a) Centlec, the electricity distributor for the Mangaung
        Municipality has for the second consecutive year won the
        coveted World Quality Commitment International Star Award;
    (b) this award, in the Platinum Category, was awarded to Centlec by
        Business Initiative Directions for its corporate achievements;


    (c) Mangaung Municipality is the only municipality in South Africa,
        as well as in the world, that has received this award; and


    (d) this award is in recognition of the status of Centlec as a world-
        class electricity utility; and

(2) congratulates Mangaung Municipality and Centlec on this achievement.

Motion agreed to in accordance with section 65 of the Constitution.

                 VIOLENCE AND DRUG ABUSE IN SCHOOLS

                         (Draft Resolution)

Ms N M MADLALA-MAGUBANE: Chairperson, I hereby move without notice:

That the Council –

 1) is deeply concerned about the violence and drug abuse gripping some
    of our schools nowadays;
 2) condemns in no uncertain terms this unlawful and appalling
    situation that occurs in some schools;


 3) believes that schools are supposed to be places of learning and
    safety for our children; and


 4) calls upon all stakeholders, including the Department of Education,
    parents and teachers, to do everything in their power to eradicate
    the anomaly before it gets out of control.

Motion agreed to in accordance with section 65 of the Constitution.

                        MOTION OF CONDOLENCE

                       (The late Lebo Mathosa)

Mr B J TOLO: Chairperson, I hereby move without notice:

That the Council –

(1) passes its heartfelt condolences to the family of Lebo Mathosa, a young musician, who died on Monday morning in a car accident;

(2) recognises that at the tender age of 29, she was still blossoming and that death has therefore robbed us of a golden voice, a talented musician par excellence, who was an inspiration to many young people; and

(3) because she died so young, is reminded of the words of Thomas Gray in his poem “Elegy written in a country churchyard”, in which he wrote:

      Full many a gem of purest ray serene,
      The dark unfathom’d caves of ocean bear:
      Full many a flower is born to blush unseen,
      And waste its sweetness on the desert air.

May she live forever through her music, while her soul rests in peace.

Motion agreed to in accordance with section 65 of the Constitution.

              WISHING THE HON QIKANE A SPEEDY RECOVERY

                         (Draft Resolution)

Ms J M MASILO: Chairperson, I hereby move without notice:

That the Council –

(1) notes that the hon Qikane was hospitalised in Benoni Private Clinic while attending a workshop on the Children’s Bill from 12 to 13 October 2006, and that she is now recuperating in her hometown in the Eastern Cape; and

(2) wishes her a speedy recovery so that she can resume her duties in the Select Committee on Social Services.

Motion agreed to in accordance with section 65 of the Constitution.

                        MOTION OF CONDOLENCE

             (The late Mr James Zamiwonga “Castro” Kati)

The CHIEF WHIP OF THE COUNCIL: Deputy Chairperson, I hereby move without notice:

That the Council –

(1) notes with profound sadness that on Friday, 29 September 2006, the hon utata James Zamiwonga “Castro” Kati passed away;

(2) recognises that the hon Kati was a South African patriot who spent all his life in the struggle for peace, democracy and social progress in this country and for the broader humanity;

 3) recalls that Dlomo –

his clan name –

as he was affectionately called in his community, throughout his life embodied the courage and vision that characterise the majority of the people of our country and the continent;

(4) remembers that “Castro”, as he was known amongst his comrades, was amongst the first recruits of Umkhonto weSizwe, serving with comrades like Vuyisile Mini, Wilson Khayinga and many others;

(5) further remembers that he was tortured and jailed several times by the security police of the former apartheid and Transkei homeland governments;

(6) acknowledges the great contribution that the hon Kati made as a Member of Parliament and notes that he served on various portfolio committees, including Water Affairs and Forestry, where he was an advocate for rural development, always pleading for the provision of basic services such as water and sanitation for rural communities;

(7) believes that he discharged his responsibilities with dedication, discipline, diligence and humility and that the life of this great leader epitomises heroism and a commitment to the cause of the poor; and

 8) conveys its condolences to the Kati family, the African National
    Congress and the South African Communist Party.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): As there is no speakers’ list, I shall now put the question. The question is that the motion be agreed to. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all the delegation heads are present in the Chamber to cast their provinces’ votes.

In accordance with Rule 71, I shall first allow provinces the opportunity to make their declarations of vote if they so wish. We shall now proceed to voting on the question. I shall do this in alphabetical order per province. Delegation heads must please indicate to the Chair whether they vote in favour or against or abstain from voting. Eastern Cape?

Mr A T MANYOSI: Eastern Cape supports.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Free State?

Mr C J VAN ROOYEN: Supports.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Gauteng?

Mr E M SOGONI: Siyavuma. [We support.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): KwaZulu-Natal?

Mr Z C NTULI: KwaZulu-Natal elethu. [KwaZulu-Natal supports.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Limpopo?

Delegation head not present.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Mpumalanga?

Ms F NYANDA: Supports.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Northern Cape?

Mr M C GOEIEMAN: Kapa Bokone e a dumela. [Northern Cape supports.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): North West?

Mr Z S KOLWENI: North West Ke ya rona. [North West supports.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Western Cape?

Mr N J MACK: Supports.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Eight provinces voted in favour. I therefore declare the motion adopted in terms of section 65 of the Constitution.

Motion agreed to in accordance with section 65 of the Constitution.

TWENTIETH ANNIVERSARY OF THE TRAGIC DEATH OF MOZAMBIQUE PRESIDENT, COMRADE SAMORA MOSES MACHEL

                         (Draft Resolution)

The CHIEF WHIP OF THE COUNCIL: Deputy Chairperson, I hereby move without notice:

That the Council -

(1) notes that 19 October 2006 marked the twentieth anniversary of the tragic death of the first President of independent Mozambique, Comrade Samora Moses Machel and 34 fellow countrymen;

(2) recalls that President Samora Machel was a towering giant in African efforts for peace and democracy, that he dedicated his life to our own liberation and that his ideas and his deeds are a material force in the struggle for total emancipation of humanity;

(3) recognises that the blood he shed on our soil is and will forever be a fountain of freedom for all our people;

(4) further recognises that on the historic day of the commemoration of his death, on 19 October 2006, President Thabo Mbeki and President Armondo Guebuza of Mozambique, the Machel family and other guests gatherered at Mbuzini where their fellow combatant, Samora Machel, lost his life and that they unveiled a monument that will symbolise the common suffering of the people of Southern Africa, be a tribute to their heroism and a solemn affirmation that we share a common destiny of liberty, peace and social progress;

(5) acknowledges that the life of this great leader, organiser and fighter for freedom and social justice bequeaths to humanity a legacy that epitomises heroism and commitment to the cause of the poor;

(6) believes that he was one of the most outstanding leaders of our continent, one of its finest brains and an unsurpassed fighter who fought for the whole of Southern Africa to be free; and

(7) remains steadfast in its call that the mystery surrounding his death be resolved soon.

Mr A T MANYOSI: Eastern Cape supports.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Free State?

Mr C J VAN ROOYEN: Supports.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Gauteng?

Mr E M SOGONI: Siyavuma. [We support.] The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): KwaZulu-Natal?

Mr Z C NTULI: KwaZulu-Natal in favour.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Limpopo?

Delegation head not present.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Mpumalanga?

Ms F NYANDA: Mpumalanga siyavuma. [Mpumalanga supports.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Northern Cape?

Mr M C GOEIEMAN: Noord-Kaap steun. [Northern Cape supports.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): North West?

Mr Z S KOLWENI: North West ke ya rona. [North West supports.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Western Cape?

Mr N J MACK: In favour.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Eight provinces voted in favour.

Motion agreed to in accordance with section 65 of the Constitution.

       FOODSTUFFS, COSMETICS AND DISINFECTANTS AMENDMENT BILL

            (Consideration of Bill and of Report thereon)

Ms J M MASILO: Chairperson, colleagues, the department briefed the committee on the concerns raised by the provinces during the process of negotiating mandates. With regard to final mandates, all nine provinces agreed to support the Bill.

The report states that the Bill was agreed to, with proposed amendments. Since 1972, when the principal Act was passed, the Act has been amended only once, in 1981. There have been some developments with regard to the regulation of foodstuffs that have necessitated the review of the principal Act, Act 54 of 1972, by providing for the following:

The authorisation of medical practitioners, environmental health practitioners and veterinarians to administer certain provisions of the Act; an increase in the sum to be deposited by persons requesting an analysis or examination of samples; further regulation of food premises, the handling of foodstuffs, the exportation and importation of foodstuffs; the inspection and removal, detention and destruction of food- producing animals or foodstuffs and the water used for food processing; the regulation of mollusc farming and fish farming; and, the delegation of functions to provincial departments.

The purpose of the Foodstuffs, Cosmetics and Disinfectants Act is to control the sale, manufacture and importation of foodstuffs, cosmetics and disinfectants, and to provide for incidental matters.

The aim of the amending Bill is to bring the Act in line with the new constitutional and organisational dispensation; to include a provision in the Health Act of 1977 that relates to food safety; and to update certain outdated provisions of the Foodstuffs, Cosmetics and Disinfectants Act.

An amendment in section 10 provides for the director-general to authorise any employee of the national department, provincial administration or local authority to act as an inspector as per the powers, duties and functions conferred by the Act.

Section 13 stipulates that the prescribed amount be increased from R25 to R500 and for the accused to deposit that amount if he or she requires a further analysis or examination of a sample. The increase aims to counteract the effect of inflation.

Section 15 deals with the regulations relating to processing, handling and storage of foodstuffs. It also provides regulation regarding ensuring a hygienic environment in places of storage.

Section 16 of the principal Act deals with the preservation of secrecy. The amending Bill omits this provision because it seriously affects the ability of the authorities, in all three spheres of government, to use food safety warnings.

Section 25 provides for the director-general to delegate powers to the national and provincial officers.

In conclusion, the short title of this Bill is the Foodstuffs, Cosmetics and Disinfectants Amendment Bill of 2006. The committee supports the Bill. Thank you. [Applause.]

Debate concluded.

Question put: That the Bill be agreed to.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): I shall now put the question, and the question is that the Bill be agreed to. As the decision is dealt with in terms section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the Chamber to cast their provinces’ votes. Are all delegation heads present? [Interjections.] In accordance with Rule 71, I shall first allow provinces an opportunity to make declarations of vote, if they so wish. We shall now proceed to voting on the question. I shall do this in alphabetical order, per province. Delegation heads must please indicate to the Chair whether they vote in favour or against, or abstain from voting. Eastern Cape?

Mr A T MANYOSI: Eastern supports the Bill.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Free State?

Mr C J VAN ROOYEN: Steun. [Supports.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Gauteng?

Mr E M SOGONI: Siyavuma. [Supports.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): KwaZulu-Natal?

Mr Z C NTULI: KwaZulu-Natal is in favour.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Limpopo?

Delegation head not present.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Mpumalanga?

Ms F NYANDA: Re a e thekga. [We support.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Northern Cape?

Mr M C GOEIEMAN: Siyavuma. [Supports.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): North West?

Mr Z S KOLWENI: Ke ya rona. [Supports.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Western Cape?

Mr N J MACK: Steun. [Supports.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Eight provinces have voted in favour of the report.

Bill agreed to in accordance with section 65 of the Constitution.

          NATIONAL LAND TRANSPORT TRANSITION AMENDMENT BILL

            (Consideration of Bill and of Report thereon)

Order disposed of without debate.

Question put: That the Bill be agreed to.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Order! I shall now put the question in respect of the second order. The question is that the Bill be agreed to. As this decision is dealt with in terms of section 65 of the Constitution, I need to ascertain very clearly whether delegation heads are present. Are all delegation heads present?

I shall now also allow provinces the opportunity to make their declaration in terms of Rule 71, if they so wish. Is there any province wishing to make any declaration of vote? There is obviously none.

We shall now proceed to voting on the question. I shall do this in alphabetical order per province. Delegation heads must please indicate to the Chair whether they vote in favour or against or abstain from voting. Eastern Cape?

Mr A T MANYOSI: Eastern Cape is in favour.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Free State?

Mr C J VAN ROOYEN: In favour. The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Gauteng?

Mr E M SOGONI: Siyavuma. [We support.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): KwaZulu-Natal?

Mr Z C NTULI: In favour.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Limpopo?

Delegation head not present.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Mpumalanga?

Ms F NYANDA: Supports.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Northern Cape?

Mr M C GOEIEMAN: Re a dumela. [We support.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): North West?

Mr Z S KOLWENI: Ke ya rona. [We support.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Western Cape?

Mr N J MACK: Supports.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Eight provinces voted in favour. I therefore declare the Bill agreed to in terms of section 65 of the Constitution.

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIOAL AFFAIRS - INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF ACTS OF NUCLEAR TERRORISM

Mr N J MACK: Deputy Chair, hon members, believing that South Africa will never be secure while dark clouds of international terrorism engulf the African continent and the world, the masses of our people expect their elected representatives in this democratic Parliament to reaffirm their condemnation of all forms of terrorist activities without any equivocation.

Because mere condemnation of terrorism cannot be sufficient, the masses of our people also expect us to ratify all the continental and international instruments, which contribute to the fight against the phenomenon of terrorism on the African continent and in the world. The masses of our people are well aware of the fact that our ratification of any continental and international instruments is always subject to both the Constitution of the Republic and international law.

Ratification of these important instruments is necessary for our democratic institutions to communicate a clear and unequivocal message to the world that South Africa condemns all forms of terrorism. Without fear of any contradiction, we must affirm our firm belief that the fight against all forms of terrorism, including nuclear terrorism, should be waged and conducted under the aegis of multilateral bodies. Therefore with the ratification of these instruments, the protocol and international convention, the people of South Africa undertake to join hands with the people of the continent and the world in the fight against all forms of terrorism and nuclear terrorism.

Furthermore, South Africa fully supports the Global Campaign Against Terrorism within the framework of the UN and contributes to the efforts of regional and other multilateral organisations; in this regard, SADC, the Non-Aligned Movement, the Commonwealth and AU.

In the International Campaign Against Terrorism, South Africa regards it as important to focus on the root causes of terrorism and to develop appropriate strategies to address them. In this regard concerted efforts must be made to end perennial conflicts such as the Middle East conflict. Very important is the view that South Africa has that the International Campaign Against Terrorism should include a worldwide joint commitment to eradicate poverty and underdevelopment.

The issue of terrorism should not push development off the international agenda. Similarly, the combating of terrorism cannot take place at the expense of civil liberties and human rights. Thank you.

Debate concluded.

Question put: That the Report be adopted.

The HOUSE CHAIRPERSON (Ms M N Oliphant): Order! I shall now put the question in respect of the third order. The question is that the Report be adopted. As this decision is dealt with in terms of section 65 of the Constitution, I need to ascertain very clearly whether delegation heads are present. Are all delegation heads present?

I shall now also allow provinces the opportunity to make their declarations in terms of Rule 71 if they so wish. Is there any province wishing to make a declaration of vote? There is obviously none.

Mr A T MANYOSI: Eastern Cape supports.

The HOUSE CHAIRPERSON (Ms M N Oliphant): Free State?

Mr C J VAN ROOYEN: Supports.

The HOUSE CHAIRPERSON (Ms M N Oliphant): Gauteng?

Mr E M SOGONI (Gauteng): Siyaxhasa. [We support.]

The HOUSE CHAIRPERSON (Ms M N Oliphant): KwaZulu-Natal?

Mr Z C NTULI: KwaZulu-Natal in favour.

The HOUSE CHAIRPERSON (Ms M N Oliphant): Limpopo?

Delegation head not present.

The HOUSE CHAIRPERSON (Ms M N Oliphant): Mpumalanga?

Ms F NYANDA: Mpumalanga supports.

The HOUSE CHAIRPERSON (Ms M N Oliphant): Northern Cape? Mr M A SULLIMAN: Siyavuma. [We support.]

The HOUSE CHAIRPERSON (Ms M N Oliphant): North West?

Mr Z S KOLWENI: Ke ya rona. [We support.]

The HOUSE CHAIRPERSON (Ms M N Oliphant): Western Cape?

Mr N J MACK: Supports.

The HOUSE CHAIRPERSON (Ms M N Oliphant): Eight provinces voted in favour.

Report accordingly adopted in accordance with section 65 of the Constitution.

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS ON THE PROVISIONAL SUSPENSION FROM OFFICE OF MR MATEREKE, ADDITIONAL MAGISTRATE AT THE MAGISTRATE’S COURT, JOHANNESBURG, IN TERMS OF SECTION 13(3)(b) OF THE MAGISTRATE’S ACT, 1993 (ACT NO 90 OF 1993)

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL AFFAIRS ON THE PROVISIONAL SUSPENSION FROM OFFICE OF MR I X MASIMINI, ADDDITIONAL MAGISTRATE AT THE MAGISTRATE’S COURT, QUEENSTOWN, IN TERMS OF SECTION 13(3) OF THE MAGISTRATE’S ACT, 1993 (ACT NO 90 OF 1993)

Mr S SHICEKA: Thank you, House Chairperson, this is the first time that I have been allocated 15 minutes. I therefore feel honoured and privileged to be speaking for such a long time. I will talk about the issue of the magistrates.

The masses of our people expect us as their public representatives to ensure that we transform and protect the integrity of the judicial system, so as to ensure that we promote the confidence of our people in the courts. We are building a society, which the masses of our people had been alienated from; a system where it was the face of the apartheid enforcement agency that had to ensure that the laws of apartheid were enforced. It is in this context that the committee supports the removal of those in our midst who are involved in corrupt activities and also involved in criminal activities, as well as serious misconduct. I am talking about those who sit on our benches and who have to judge others.

As the Republic of South Africa, we are trying to build a society that is morally grounded and we must ensure that the judicial system is at the forefront of upholding the rule of law. The Freedom Charter says that all shall be equal before the law and no one is above the law. The committee has engaged on this issue and it believes that the magistracy must show good behaviour in its conduct.

We are supporting the provisional suspension of Mr Matereke. The courts found him guilty on 16 August. He was found guilty of murder and assault. This man is still being paid, while he is in prison. We are therefore saying that he must be suspended provisionally. We are saying to the Magistrates Commission that they should consider the fact that he be removed immediately, because he has been found guilty by the courts of law. He cannot continue to get a salary, thus exploiting the taxpayer.

At the same time, we are moving on to the issue of Mr Masimini. He was involved in assault and he was charged and it was recommended that he undergo counselling. Three days after that judgment was given, he was involved in another assault attempt, where he assaulted a woman in a tavern. She had an open wound on her chin. We are therefore saying that the recommendation of the Magistrates Commission, namely that he must remain in office, cannot be supported.

This man is a danger to himself and to society in general. He must be suspended from the Bench and be given the responsibility of working within the administration, maybe as a clerk. He should not act in a position where he judges others. That man does not deserve to be in that position. We are also saying to the Magistrates Commission that they must take seriously their responsibility of ensuring that people are dealt with and are disciplined, whilst the due process of the law continues in the court. That is, internal processes of discipline must be conducted when dealing with individuals who are charged and they should not wait for the courts first to find guilty those who committed those misdemeanours, as was the case with Mr Matekere. Mr Matekere was only found guilty by the Magistrates Commission three years, five months and five days after the misdemeanour was committed.

That is why we are saying that our people need to have confidence in our magistrates and in those that sit on the Bench and they must be beyond reproach. We are saying the law must take its course immediately. We must make sure that it is not postponed or delayed. If it is delayed, it creates the wrong impression and it taints the Bench.

In that respect, as the committee, we support the fact that these gentlemen should be dealt with as was recommended and be removed from the Bench. Thank you. [Applause.]

Debate concluded.

Question put: That the Report be adopted.

The HOUSE CHAIRPERSON (Ms M N Oliphant): I shall now put the question. The question is that the report be adopted. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the Chamber.

In accordance with Rule 71, I shall first allow provinces an opportunity to make their declarations of vote if they so wish. Is there any province that wants to make a declaration? We shall now proceed to voting in alphabetical order. Eastern Cape?

Mr A T MANYOSI: Eastern Cape is in favour.

The HOUSE CHAIRPERSON (Ms M N Oliphant): Free State?

Mr C J VAN ROOYEN: Ondersteun. [Supports.]

The HOUSE CHAIRPERSON (Ms M N Oliphant): Gauteng?

Mr E M SOGONI: Elethu. [Supports.]

The HOUSE CHAIRPERSON (Ms M N Oliphant): KwaZulu-Natal?

Mr Z C NTULI: KwaZulu-Natal supports.

The HOUSE CHAIRPERSON (Ms M N Oliphant): Limpopo? Delegation head not present.

The HOUSE CHAIRPERSON (Ms M N Oliphant): Mpumalanga?

Ms F NYANDA: iMpumalanga iyasekela. [Mpumalanga supports.]

The HOUSE CHAIRPERSON (Ms M N Oliphant): Northern Cape?

Mr M A SULLIMAN: Ke ya rona. [Northern Cape supports.]

The HOUSE CHAIRPERSON (Ms M N Oliphant): North West?

Mr Z C KOLWENI: Ke ya rona. [North West supports.]

The HOUSE CHAIRPERSON (Ms M N Oliphant): Western Cape?

Mr N J MACK: Western Cape supports.

The HOUSE CHAIRPERSON (Ms M N Oliphant): Eight provinces have voted in favour.

Report accordingly adopted in accordance with section 65 of the Constitution.

The HOUSE CHAIRPERSON (Ms M N Oliphant): I shall now put the question in respect of the fifth order. The question is that the report be adopted. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the Chamber.

Mr A T MANYOSI: Eastern Cape supports.

The HOUSE CHAIRPERSON (Ms M N Oliphant): Free State?

Mr C J VAN ROOYEN: In favour.

The HOUSE CHAIRPERSON (Ms M N Oliphant): Gauteng?

Mr E M SOGONI: Egoli iyaxhasa. [Supports.]

The HOUSE CHAIRPERSON (Ms M N Oliphant): KwaZulu-Natal?

Mr Z C NTULI: KwaZulu-Natal elethu. [KwaZulu-Natal supports.]

The HOUSE CHAIRPERSON (Ms M N Oliphant): Limpopo?

Delegation head not present. The HOUSE CHAIRPERSON (Ms M N Oliphant): Mpumalanga?

Ms F NYANDA: iMpumalanga iyaxhasa. [Mpumalanga supports.]

The HOUSE CHAIRPERSON (Ms M N Oliphant): Northern Cape?

Mr M A SULLIMAN: Ondersteun. [Northern Cape supports.]

The HOUSE CHAIRPERSON (Ms M N Oliphant): North West?

Mr Z C KOLWENI: Ke ya rona. [North West supports.]

The HOUSE CHAIRPERSON (Ms M N Oliphant): Western Cape?

Mr N J MACK: Western Cape supports.

The HOUSE CHAIRPERSON (Ms M N Oliphant): Eight provinces have voted in favour.

Report accordingly adopted in accordance with section 65 of the Constitution.

The Council adjourned at 15:43.

                             __________

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

                     WEDNESDAY, 18 OCTOBER 2006

ANNOUNCEMENTS

National Assembly and National Council of Provinces

Translation of Bills submitted

 (1)    The Minister of Safety and Security


      a) Wysigingswetsontwerp op Beheer van Vuurwapens [W 12 – 2006]
         (National Assembly – sec 75)


         This is the official translation into Afrikaans of the
         Firearms Control Amendment Bill [B 12 – 2006] (National
         Assembly – sec 75).

TABLINGS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

 a) Report of the Auditor-General on the findings identified during an
    investigation into procurement at the Companies and Intellectual
    Property Registration Office (CIPRO) – September 2006 [RP 245-
    2006].

COMMITTEE REPORTS

National Council of Provinces

Report of the Select Committee on Economic and Foreign Affairs on the International Convention for the Suppression of Acts of Nuclear Terrorism, dated 18 October 2006:

The Select Committee on Economic and Foreign Affairs, having considered the International Convention for the Suppression of Acts of Nuclear Terrorism, reports that it has concluded its deliberations thereon.
Report of the Select Committee on Social Services on the Oversight visit to the Western Cape Province, 31 July – 04 August 2006:

Introduction

The Select Committee on Social Services undertook a study tour to the Western Cape Province from 31 July – 04 August 2006. The purpose of the study tour was for the Committee to exercise its oversight function, as mandated by the Constitution. The primary objectives of the provincial visit included:

• To conduct oversight over  the  management  and  quality  of  services
  rendered in respect to social development, health and home affairs.
• To  inspect  various  health,  social  development  and  Home  Affairs
  facilities, in order to determine the state of physical infrastructure
  and equipment.
• Identify progress made and challenges that are being experienced by
  all the stakeholders.

The Committee has prioritized the provinces, which they wanted to visit during the 2006/07 financial year and the Committee identified the Western Cape Province as a priority.

The regions identified by the Committee were: the Cape Metropole, Worcester, Oudtshoorn and George.

The information was gained by interacting with the MECs, HODs and Regional Managers of the Provincial Departments of Social Development and Health and the Department of Home Affairs. Before the oversight visit was undertaken the Committee identified the regions which they wanted to visit and the aim is to visit the rural areas, where service delivery is not up to standard (Batho Pele).

Limitations of the report: • The fact that the whole of the Western Cape Province could not be visited, but only parts of it. • The Committee was unable to visit Oudtshoorn, as was scheduled, due to roads beings closed due to floods.

Social Development
Meeting with the MEC: Ms Mqulwana

The MEC stated that it is a challenge for the department to separate the SA Social Security (SASSA) from the provincial Department of Social Development, but in saying this at the same time both SASSA and provincial Department of Social Development (PDSD) must ensure that beneficiaries get good quality service delivery.

The MEC noted that in the department there is a lack of transformation and this relates to a lack of redistribution of resources, equity etc. where example in Khayelitsha 1 social worker is serving 17 000 people. The MEC noted that a task team has been established to look at transformation in the department.

The MEC said that 25% of the budget has been set aside to establish organisations where there were none previously. She further noted that the bureaucracy is hampering service delivery. The MEC informed the Committee that the Department has changed its name to the Department of Social Development (previously Department of Social Services and Poverty Alleviation).

The MEC stated that 80% of the projects funded by the department are led by women.

1.2. Briefing by the Department of Social Development

The HOD briefed the Committee on the strategic goals and the budget structure of the Department.

On the issue of children in correctional facilities in the Western Cape, the HOD stated that on average there are 2 200 arrests per month. She further noted that a benchmark of 150 children in correctional facilities in the province was set by the department as part of an intervention strategy. It was stated that there are 142 children in prisons awaiting trial and that 86 of these children are in Pollsmoor Prison. The Department informed the Committee that additional probation officers were employed to assist and that an interdepartmental task team has been set up to streamline procedures.

With regard to the management of children the Department stated that every child is assessed by a probation officer within 12 hours of arrest and that follow-ups are done on children in correctional centres for placement at suitable alternatives and that there are monthly reviews on cases of children awaiting trial.

Challenges which are faced by the department concerning child-headed households are that census information is not helpful in identifying the extent of the problem. The department further noted that the Draft Children’s Amendment Bill 2006 addresses child-headed households and sees a child over the age of 15 as a head of a household, and that this is in conflict with other legislation that specifies that to qualify as a foster parent you must be 18 years and older. Another challenge is that organisations do not provide details of child-headed households but rather orphaned and vulnerable children, and that internal statistics reflect children in foster or alternative care and not as a household head. A challenge for the department is that children who are living on their own might not know how to access support services and in some instances children fear being removed from the environment they know. The department stated that preliminary costing of the implementation of the Children’s Bill indicate that at least 52% of funds to implement will be spent on orphaned children as a result of HIV/AIDS.

The department stated that in the absence of reliable data the departmental focus has been orphaned and vulnerable children that includes child headed households. The department further noted that foster care placement is one of the options exercised to address the needs of orphans and that the department currently funds 18 shelters for children that accommodate approximately 387 children in the province and that 181 NGOs, CBOs and FBOs are funded that work exclusively with families and children including HIV/AIDS and partners and include the Departments of Health, Education and Local Government. Much emphasis will be placed on family strengthening programmes in the province that will focus on the care of vulnerable children through building the capacity of communities and families.

Clarity seeking, comments and questions

With regard to substance abuse in the province, with reference to “tik”, the MEC stated that 1 000 young people have been recruited to assist the department in this regard.

The MEC stated that w.r.t. ECD the department is taking the lead in Grade R and the department of Education is assisting with the curricula, but that there is a close working relationship with the departments of Education and Health.

The department worked with the Unicity regarding street children and last year the department gave R2 million for this project.

On the issue of soup kitchens the HOD stated that the cut-off time for soup kitchens is 6 months, the reason being that the department does not foster “dependency”.

1.4. Visit to Sarepta Home for Older Persons

1.4.1. Introduction and background

The manager of the facility, Ms La Poorta briefed the delegation and stated the following: The facility is registered to accommodate 150 frail and aged persons and falls under the auspices of the Apostolic Faith Mission Church’s Welfare Commission. The board and management have transformed and is representative of the demographics of the Western Cape. The facility is situated in a predominantly coloured residential area and enjoys the support of the local community. The current manager has been in the position for several years.

The facility has a staff component of 52 consisting of 33 nursing staff, 16 general workers, 1 administrative officer, 1 secretary and 1 manager.

The residents come from all areas (metro and peri-urban) and not only from the Kuilsriver community, and currently there are 146 residents consisting of 81 women and 64 men with 81% of the residents being frail.

The facility manager stated that all the grant payments of residents are paid to the facility, this translates to R840,00 X 146 residents. Other sources of financial income is obtained from donations, bequests and fund- raising events. The state subsidy is the largest financial support to the facility. The total subsidy transferred to the facility for the period April ’05 – March ’06 totalled R1 923 525.00.

The manager informed the delegation that the regional office (Eerste River District Office) the facility complied with requirements and the residents seemed contented and happy. The following challenges exist at the facility:

• Except for administrative staff members, the provision of both the nursing staff and the kitchen are outsourced. • In the past the department received numerous complaints about the care of the residents, and according to the manager, outsourcing these services improved the service at the facility.

The delegation enquired whether the facility has a well-functioning board. The manager stated that the Board consists of 7 people (2 residents and 5 from the community) and that it is functioning.

The manager informed the delegation that many of the residents do not have family members and that even those that do have, are not visited regularly. She further noted that the institution buys the residents clothes on special occasions, and that they look after the residents everyday needs.

The delegation enquired what happens to those “residents” who are unable to pay for their burial, and the manager replied that family and friends are asked to assist in this regard and if they are unable to, then the institution will pay the undertaker for the service who charges the institution a special rate.

With regard to residents visiting their family members, the delegation enquired what is being done by the institution to assist in this regard. The manager stated that some of the resident’s family members come to pick them up, but in the event that family members do not have transport to fetch them (the institution does have a combi for home visits), the institution takes them to their family members and collects them again.

The delegation asked whether or not a well-functioning committee for the residents exists at the institution? The manager stated that many of the residents are mentally incapacitated and because of this the committee lapsed. In conclusion the delegation raised concern regarding the terrible conditions under which the residents are living in the facility. As the delegation for example toured the facility they found that the blankets which the residents are sleeping under are tattered and ragged. The delegation visited the facility during the afternoon and it was cold, but in the “entertainment area” there were no heaters, the result being that residents there were getting cold.

1.4.2. Recommendations • That the institution needs to explore best practices in e.g. Northern Cape where old age homes pay fees to AVBOB for burial services • That the institution can play a greater role w.r.t. home visits. • That follow-up visits be made to the old age home.

HEALTH
Meeting with the MEC of Health: Mr P Uys

The MEC stated that 70% of the 4,2 million people in the Western Cape do not have medical insurance and that many people come for primary health care (PHC). He further noted that tuberculosis is very high in the province, but in saying this the Western Cape has one of the highest cure rates of all the provinces in the country; and he further stated that chronic diseases are also on the increase in the province e.g. diabetes, asthma etc.

The MEC informed the Committee that there is a major demand for facilities especially PHC, due to the influx of people, from various provinces, to the Western Cape.

2.2. Briefing by the Department of Health

The department stated that the Comprehensive Plan for HIV/AIDS in the province is to ensure that those citizens who are not infected, remain uninfected; and to enhance efforts in prophylaxis and treatment of opportunistic infections and to improve nutrient and lifestyle choices; as well as the effective management of HIV-infected people who have developed AIDS.

With regard to Voluntary Counselling and Testing (VCT) the department stated that pre- and post-counselling is being done and if found that a person is positive, he/she will be referred to appropriate medical care and if negative to re-inforce safe sexual behaviour. VCT is available at all 446 health facility sites and 373 lay counsellors are employed via 23 NGOs. Results of VCT in province include: 283 834 persons older than 15 years counselled and 262 792 persons older than 15 years tested for HIV/AIDS.

The department stated that the there are 43 operational sites and 16 343 clients on treatment for Antiretroviral (ARV) Treatment Programme (2005/06) and the target for 2006/07 is 50 operational sites and 22 489 clients on treatment. The department informed the Committee that at the end of June 06 there were 18 941 patients on treatment.

Progress w.r.t. Community Home-Based Care (CHBC) is that during 2005/06 10 220 HBC clients was seen and of these 1871 were HIV clients, 857 TB clients and 187 TB/HIV. The department stated that 1 630 carers were being trained on part qualification of the NQF level 1 of the National Auxiliary Health Worker Certificate.

The department stated that some of its major challenges include: the integration/mainstreaming of the Comprehensive Plan in the District Health System (DHS); the prevention/promotion of the behavioural change of clients and staff; and the case load in the “high prevalence areas”, due to migration.

In conclusion the department stated that the implementation of the comprehensive plan is progressing well; the HBC programme will be expanding rapidly; PMTCT programme has excellent outcomes; and the VCT programme is progressing well.

The department further briefed the Committee on the Hospital Revitalisation Programme in the Western Cape and quality assurance.

2.3. Clarity seeking, comments and questions

The department stated that they do train doctors and that there is a need to review the policy on those staff who took severance packages, since many have left and that the salary levels of nurses have to be looked at. The department said that six (6) nursing schools are providing in-service training, which is taking place at the facility and the department reiterated that the number of nursing schools has to increase.

The department noted that a site has been identified in the Khayelitsha area, but the delay is now with the City.

Members raised concern on the issue of Emergency Medical Services (EMS) and the department stated that they are working on this and that a budget of R230 million has been set aside for this purpose. The MEC also noted that many volunteers are assisting in this programme. With regard to infrastructure the department stated that they had problems (e.g. R15 million which was underspent), but they noted that the current budget of R149 million will be spent.

The department stated that TOP is performed and that there is staff rendering this service, but the department’s main concern is the young girls coming repeatedly.

2.4. Recommendations

• That the issue of nursing schools be taken up by the Committee to  the
  National Minister and the national Department of Health.
• That the Committee allocate sufficient time for meetings with MECs and
  the departments

2.5. VISIT TO GUGULETHU KTC DAY HOSPITAL

2.5.1. Introduction

The Facility Manager stated that the hospital provides Comprehensive Primary Health Care services and that they see patients with minor ailments who are referred from other centres. The hospital has 24 registered nurses and 8 doctors and it is operational over weekends and public holidays. There is a psychologist at the hospital.

The hospital sees chronic patients e.g. diabetes, cardiac, asthma, epilepsy etc. Currently the hospital provides for the first level of TB, but they are in the process of rolling it out comprehensively. The monthly intake of TB patients is 50 where they test to identify whether the patients have TB and if so they refer them to the Gugulethu local clinic.

With regard to school health the Facility Manager said that nurses do visit schools in the area to educate learners regarding health issues.

2.5.2. Budget of the centre

The budget of the facility is centralised.

2.5.3. Infrastructure

The hospital has been upgraded during the past years, but the facility manager stated that the community in this area is very destructive, but the hospital has 4 security guards at the gate and 3 inside the centre. There are leakages in the roof at the hospital and a requisition has been sent to Head Office for the repair thereof. There are 8 computers for the development of the staff as well as for the community.

2.5.4. Challenges

The facility manager informed the Committee that a challenge at the hospital is to recruit people to work after hours in the trauma unit. Another challenge is the long delays of EMS.

2.5.5. Clarity-seeking, comments and questions

The facility manager stated that the waiting time at the hospital are problematic and patients at times have to wait for 4 hours.

The facility manager noted that teenage pregnancies are very high and that it is a problem in the area, and the hospital does not perform Termination of Pregnancy (TOP), but that they do referrals.

The facility manager informed the Committee that there are various vacant posts and that there is a high vacancy turnover rate at the hospital. There is a full time social worker at the hospital and on every shift there is a Registered Nurse in charge and even during the electric blackouts the hospital experienced minor setbacks, the reason being that there is generator at the hospital.

2.5.6. Recommendation • Members stated that the response time for EMS is a worrying factor and this will be taken up with the National Minister of Health and the Provincial MEC of Health.

2.6. VISIT TO LANGA WASHINGTON CLINIC

2.6.1. Background

Langa is the oldest “black township” in Cape Town and contains both a formal and informal settlement. A significant percentage of the population resides in the informal settlement. This is a highly mobile sector due to both high rates of urban – rural migration to the former homelands areas of Ciskei and Transkei in the Eastern Cape and the movement between informal areas within Cape Town. The rate of unemployment in the area is high with many inhabitants existing below the poverty line and the suburb is one of great need with an HIV prevalence and the TB incidence is about 1500/100 000.

2.6.2. Infrastructure

Staff at the clinic comprises a facility manager, 2 clinical nurse practitioners, 6 professional nurses, 2 enrolled nurses, 3 enrolled nurse assistants, 1 administrative assistant and 4 lay-counsellors.

The facility manager stated that it is envisaged to extend the clinic and that plans have been approved.

2.6.3. Services rendered

The facility manager informed the Committee that ARV was rolled out in January 2004 and 25% of TB patients are on ARV and that the clinic sees about 800 patients per month for ARV.

The clinic is open from 8am – 16:30pm, but at times it necessitates that staff comes in earlier because of the TB patients. The clinic has an outstanding cure rate of TB which is at 89%.

With regard to VCT the clinic received a trophy from the City for their services rendered. In 2004/05 the head count was 130 000 people and in 2005/06 112 000. The facility manager stated that they see about 9000 – 14000 people a month.

2.6.4. Challenges

The facility manager stated that space is a problem at the clinic. There is also a shortage of clerks for filing, the reason being that files are piling up for data capturing. EMS is a major problem in the area (especially response time), because in certain circumstances staff have to drive patients with the council car to the hospital.

2.6.5. Clarity-seeking, comments and questions

The facility manager informed the committee that TB is on the increase in the area and the clinic does not render antenatal services (there is a clinic close by) and for ARV there is 1 doctor and 1 doctor for TB who comes in 3 mornings a week and the other doctor twice a week.

With regard to TOP, whoever needs it comes to the clinic for counselling and then gets referred to the appropriate facility. The facility manager stated that many young girls frequently come in for this service (at times – the same girl - up to 4 times) and a study is currently being done as to why they do not come for reproductive health. She further noted that even HIV patients do not want to use condoms.

The facility manager stated that at times the clinic runs out of medicine (at times for a month), and this is very demotivating for staff, but the clinic does not run out of TB medicine and ARV.

The clinic’s waiting time is 60 minutes (1 hour), where the patient comes in, gets a file (every patient has a file), and then waits to be called. There is 1 doctor for two mornings, 1 doctor 5 days all day, 1 doctor 4 days a week (which is to be changed from September 2006 to 5 half days) and 1 doctor Friday mornings.

2.7. VISIT TO MICHAEL MAPHONGWANA COMMUNITY HEALTH CENTRE - KHAYELITSHA

2.7.1. Background

Michael Maphongwana Community Health Centre is based in Harare, Khayelitsha and it caters for the previously disadvantaged communities, with low socio- economic status. The facility is rendering all the primary health care services.

The centre sees about 8 000 to 12 000 patients per month for different medical reasons. Presently there are 115 staff members from different categories. The operational budget of the centre amounts to R22m for 2006/07. About 62, 8% of the budget goes for the remuneration of employees and the remaining 38, 2% is for goods and services. Operating hours are 07:30 – 16:30 and 24 hours for the MOU labour ward as well as security personnel.

2.7.2. Clarity-seeking, comments and questions

TOP is done by the facility (12 weeks and below) and if 16 weeks then the patient is referred to GF Jooste and there are people who returns for the service.

The centre manager stated that submissions have been made to expand the facility with various extensions, but he noted that a district hospital is envisaged to be build across the facility

It was noted by the management that EMS response time is poor as well as transport at the hospital itself.

The centre sees about 12 000 patients per month and the center manager noted that Khayalitsha makes up 27% of HIV/AIDS patients in the Western Cape. He further noted that migration has an affect on the centre as well.

The centre manager further noted that substance abuse is not really significant in the area, but that teenage pregnancy is very.

2.8. Visit to Eben Donges Hospital – Worcester

2.8.1. Background

Eben Donges is a regional hospital, and serves the whole Boland Overberg region. The hospital is currently in a revitalisation phase and when completed in 2008, it will be bigger, with new equipment, and staff trained not only in their fields but also in new methods of management.

In the new out-patient clinics, patients will be able to consult different kinds of doctors, therapists, social workers and counsellors. The trauma centre is open 24 hours a day and no patient needing emergency medical attention is shown away.

The hospital is one of two hospitals in the Western Cape that is currently being revitalised by the department of Health. The 33-year-old hospital in Worcester will see its exterior and interior completely revamped, with extensive building alterations over the next 4 years. In 2001 three new wards were built as part of a National Hospital Upgrading project by the Department of Health. A casualty wing, a new out-patients department and a new training centre is to be added to the main hospital building. 2.8.2. The Revitalisation project will include:

• A new Emergency Unit, providing an adequate trauma unit, serving as  a
  first base for trauma on the N1.
• Day Surgery Unit, providing services for procedures required  by  out-
  patients
• A kangaroo unit, which will extend the existing capacity to 14 beds
• Extension in the Intensive Care Unit  to  7  beds,  improving  on  the
  existing three bed ICU
• An 8-bed Burns Unit
• A 6 bed Acute Care Centre for Psychiatry patients
• A new Human  Resource  Development  section,  equipped  to  serve  the
  training needs  of  the  entire  Boland/Overberg  Health  region  with
  training focussed on clinical issues.
• A modern training centre with lecture theatre and classrooms  will  be
  built.
• A renovated and extended out-patients department.
• 4 operating theatres
• Improved site and emergency unit security  to  ensure  the  safety  of
  patients and staff.

2.8.3. Clarity-seeking, comments and questions

The Hospital Superintendent said that TOP is done twice a week for patients under 13 weeks pregnant. Patients over 13 weeks pregnant had this done at Montagu Hospital as it was temporarily stopped at this hospital due to unfortunate complications. It will resume at this institution as from August 2006. Eighty percent (80 %) terminations in the region are under 13 weeks. Although few terminations are repeats, the number is slowly increasing and is a concern. An increased effort will have to be made to promote contraception.

The Select committee raised the concern that the staff of the hospital are “old, sick and lazy”. The perception might have been raised because of the focus of this hospital on absenteeism. The unscheduled leave of staff at this institution is under 3%, which is very good. All leave, sick leave, extended sick leave (PILAR) and maternity leave is reported on every month at the Monitoring & Evaluation meeting.

A contractor removes medical waste 3 times a week. All placentas are bagged and placed in a freezer until the contractor comes to remove it. No medical waste is kept in the wards. A new waste management area has been added to the hospital.

Staff morale is generally good. A staff satisfaction survey is planned for mid-August. A previous Staff satisfaction survey showed that staff morale is good. Nursing is under some strain due to staff shortages, which might affect staff morale. The Revitalisation of the hospital is a difficult phase as it is expected to be fully operational in the middle of a building site. To cope with this, the hospital has an intensive programme for change management.

The Hospital Superintendent informed the delegation that the hospital started training Auxiliary Nurses 10 years ago when it became apparent that a nursing crisis was looming. This has been a very rewarding programme as the hospital train’s people for the local region. Thirty eight percent (38%) of all nurses employed in the region were trained by this hospital. The hospital has 95 students this year and trains for the adjacent regions as well. Learners in HR and IT are also accommodated here and they are remunerated according to guidelines from our Head Office. The hospital hopes to be able to employ them at the end of their learnership.

Under-expenditure on staff: The hospital was given an additional R3,5 million in the previous financial year to appoint additional specialists. Due to problems in recruiting specialists 2 were appointed only by July 2005 and the other 3 in February and March 2006. Specialist posts are expensive and the under-expenditure of more than R3 Million is due to these posts being vacant for so long.

Over expenditure on Goods and services: The over-expenditure of R1,3 Million was incurred when the department gave approval for additional payment of the blood & laboratory account for March 2006.

The management team has 2 vacancies at his stage: the Assistant Director: Quality of Care and one nurse manager post. The staff establishment for the new revitalised hospital is 72% filled.

The hospital is a site for ARV management. The adherence to treatment is good and the dropout rate is under 2%. Mortality rates are also very low. The hospital superintendent stated that of the 600 adults over 400 are on treatment. And of the 117 children, 78 are on treatment.

The time frame for completion of the revitalized program is end 2007. This is more than a year later as was envisaged in 2003. The total projected cost is R200 million. The contract does allow for penalties to be incurred if delays are due to the contractor. Quality of the building is closely monitored by the hospital and a report on quality issues is sent to Dept of Public Works on a regular basis. The hospital is aware that funds need to be made available to maintain the building and equipment in the future.

The delegation enquired what the waiting time is at the hospital and the hospital superintendent replied that the hospital did a waiting time survey and the average waiting time at admissions and the pharmacy is 90 minutes. Some interventions were instituted and a follow-up survey showed a 30- minute decrease in waiting time.

With regard to the Renal Unit the hospital is a satellite of the Tygerberg Renal unit and heamo-dialysis is done for local patients. There are 6 chairs and the hospital can manage up to 7 patients.

With regard to EMS there are problems with the local EMS due to understaffing of vehicles.

The hospital is very aware of the shortages of nurses and doctors. The local training of nurses addresses it in some way, but the losses are greater than the gains at this stage. Recruitment of doctors is not such a problem, but retention is a problem, as doctors leave to go and specialise.

2.9. VISIT TO GEORGE HOSPITAL

2.9.1. Background

A major revitalisation process has been completed at the George Regional Hospital recently. This major medical facility serves as a regional hospital for the Southern Cape/Karoo region, as well as a district hospital for George itself. The project focussed on the improvement of the hospital’s infrastructure, technology and services to them in line with international standards.

The National Minister of Health, Dr Manto Tshabalala-Msimang, officially opened the revitalised section of the hospital.

All 550 000 residents of the Southern Cape and Karoo regions will benefit from this facility. The project was completed during April 2006 and the revitalised hospital was opened on 30 June 2006. The original construction period was 24 months and after an increase in the scope of works the contract was extended to 32 months and amounted to a total cost R152m.

2.9.2. Clarity-seeking, comments and questions

Members enquired whether the hospital experiences any problems of TB defaulters due to changes in addresses. The Hospital Manager stated that the TB-programme is managed by the Regional office; the hospital manages acute TB admissions, and discharges them to the local clinics, where DOTS and sometimes Home-Based Care take over. However, feedback from the Regional office is that there are defaulters, the rate we are unfortunately not able to say.

Do you have a problem with absenteeism? The hospital went through a very bad patch about three years ago, when absenteeism in the nursing group reached 38%, the hospital then had a meeting with their Labour Caucus, and agreed to follow the guidelines on leave and sick leave to the letter. It subsequently improved. Currently it is at an acceptable level, and the fact that the Health Risk Manager has taken over the investigation into applications for temporary disability, has taken a lot of stress away from the manager.

Members wanted to know whether or not there are any problems with EMS, and how does the hospital transport patients, and what are the responses rates like. The Hospital Manager said that EMS does not report to the hospital. Local problems are being addressed by the hospital. Patients are transported by road ambulances from the surrounding towns, as well as by Red Cross Air Mercy helicopter. Patients transferred to Cape Town are transported either by road ambulance or fixed-wing aircraft. The response rates for EMS remains a challenge. Should be 40 minutes in our area and 15 minutes in the metropolitan area; it still needs a lot of improvement to reach target.

There is a shortage of nurses in the country, are you going to start nurse- training? The hospital is working very hard to establish a training facility at George hospital. Their submission to the South African Nursing Council was supposed to be discussed at the meeting on 20 July, but due to a full agenda, has to stand over to the next meeting in October. In the meantime the hospital has appointed (on contract) a manager of the school, as well as a clerk and a secretary. One lecturer has been appointed on a fulltime basis, and the advertisement for a second lecturer is in the media this week, also for a contract post. The reason for the contract appointments are because they do not have posts for a training facility on their establishment. The hospital plans to accommodate 60 students, and will focus on assistant to staff nurse and staff nurse to registered nurse training. Accommodation for students from outside of George remains a headache. As part of performance management each nurse has a development plan. These training needs are incorporated into the hospital’s Skills Development Plan. Weekly in-service training sessions take place; nurses are sent on short courses eg ATLS, burns, midwifery, etc, and some study with departmental bursaries (theatre, ophthalmology, admin).

In terms of Waste Management and incinerators the service is outsourced. There is an Infection Control Committee, meeting every two months, as well as an Infection Control Sister.

Members raised the concern that the hospital has overspent its budget, and where they got the “budget” from? The hospital manager stated that it is policy that the amount overspent should be deducted from the following year’s budget. So far it has never happened. However, in the last two years they did not overspend.

Payment of patient fees is a major concern across the country, and the delegation enquired whether this is so at George Hospital? The hospital management team replied that they found that previously it was usually the older patients who are very conscientious with regards to paying for the services. However, there are patients who lie about their income, and pay minimally for the service. The hospital would like to have a private ward, but because of bed-pressures it is impossible to do so. The hospital does attract private patients and patients on medical aid, who share the ward with our state patients. Because facilities are of a high standard, they actually have little to complain about.

During other oversight visits to provinces the delegation enquired if there are any repeat TOPs and are there strategies to prevent come-backs? The TOP- programme is co-ordinated by the Regional Office and patients are only referred to the hospital for the actual procedure. There are definite repeats, and the Regional director has requested the programme co-ordinator to research the issue of come-backs and the need for TOPs above 12 weeks. Her stance is that the system should work optimally and that all patients should be captured before 12 weeks.

Due to the many power failures that the Western Cape has undergone does the hospital have adequate back-up in terms of electricity to prevent what had happened in East-London? The hospital manager stated that they do have two back-up generators which are tested every week, and maintained on an ongoing basis.

The hospital manager stated that the learnership programme is co-ordinated by the Regional Office, catering for the needs of the whole region. Currently we have learners for basic and post-basic pharmacy assistants and nursing assistants.

The delegation enquired w.r.t. the number of critical posts which are not filled and the hospital responded by stating that currently the nursing crisis is impacting on our service, simply because we cannot recruit enough nurses. In the admin department we have a crisis in the HRM-section. For the expansion and commissioning of new areas we need money.

The delegation wanted to know whether the budget is adequate in relation to your needs? The hospital manager stated that the standard answer would be the budget is not enough to cover all the needs. However, using population as a guide is dangerous, because the census figures are not reliable. Using the Core Package of Service for Secondary hospitals is also not reliable, as the hospital has a component of Tertiary Services that should actually be funded by the National Tertiary Services Grant. If that could be sorted out, as well as the need for a district hospital in George, leaving the hospital only to concentrate on secondary care, the budget might be enough.

South African Social Security Agency (SASSA)

The Committee was briefed by the Acting Regional Head of SASSA (Western Cape), Mr D. Plaatjies. Service delivery improvement initiatives which was embarked on by SASSA include the application turnaround time. The purpose is to reduce the time from application to approval. The current turnaround time is 35 days. A pilot was launched in the Eastern Cape, Western Cape and Mpumalanga. The pilot was completed in the Bellville office (Western Cape) and rolled out to the Worcester and Atlantis offices. It is envisaged to be implement at the other 13 local offices as from July 2006 till 31 March 2006. The impact of this is that: there are no backlogs, same day notifications, decrease in enquiries, savings on postage etc.

3.1. SASSA establishment in the Western Cape With regard to the establishment in the Western Cape the regional office has been established, but certain support functions were still performed at Head office of the Provincial Department of Social Development. The interim management team is in place at the regional office and 16 local offices are delivering full grant administration function.

3.2. Facilities and management systems

The regional office was completed and occupied by SASSA staff since January 2006 and the ICT infrastructure is installed and operational as well as the financial support systems. A total of 18 local offices have been identified to move to new premises.

3.3. Recruitment

Various posts was identified as critical which was subsequently filled at the regional office as well as local office.

3.4. Western Cape Transfer Budget

The budget for 2005/06 amounted to R4 238 905.00 and the budget for 2006/07 amounts to R4 613 710 588.00 and a monthly amount of R368m is paid to beneficiaries. The beneficiaries receive their monthly payments through either banks, post office (Walvis Bay) or ALLPAY and all expenditures are monitored on a monthly basis.

Presently there are 755 411 beneficiaries in the Western Cape receiving various grants.

3.5. Improvement of paypoints

SASSA is continuously evaluating all pay points to improve the conditions under which monthly payments occur and this is done in conjunction with the service provider.

3.6. Protecting beneficiaries: Moneylending campaign

Specially designed pamphlets are distributed at pay points and imbizos and from time to time identified pay points are visited and moneylenders are confronted and warned and stakeholders were identified to assist with the monitoring process. Discussions were held with Black Sash regarding an educational programme for beneficiaries, and a business plan was finalized but the monetary allocation is still to be made to Black Sash.

3.7. Clarity seeking, comments and questions

The Regional Manager informed the Committee that the current application turnaround time is 35 days.

The Agency stated that service should revolve around the beneficiary where for e.g. it concerns general payments of grants; if there are older persons in the queue they should receive preference.

With regard to the payment of grants into bank accounts and with this the reduction of banking costs, SASSA stated that there are no reduced costs with the banks, but that SASSA Head Office is in talks with the Commercial Banks to reduce the costs and that this will form part of the new tender.

Members raised concern with regard to the number of contract staff in SASSA’s service. It was stated that these contract workers have a fixed term contract of 3 years, and SASSA noted that they are unable to create permanency for these workers. They further noted that in July 2006 Administration Clerk posts were advertised and issues that need to be looked at are racial and gender issues. SASSA explained that posts are firstly advertised internally to ascertain if there are no suitable candidates within and then externally. Members enquired whether the salary these contract workers receive is the only compensation, and SASSA replied that the contract workers do receive an additional 30% benefits.

It was stated by the Regional Manager that SASSA has adopted a Customer Excellence throughout the country and it is envisaged that the level of service should be the same throughout the country, and with this that the Agency has to adopt and change the infrastructure, and one e.g. to enable beneficiaries to obtain their grant anywhere in the country.

3.8. Recommendation

• Members raised concern when it was stated by SASSA that in  the  event
  that a beneficiary passes away the day or  a  couple  of  days  before
  payment, that that money which is due to the deceased beneficiary  can
  only be claimed after the person has been buried. Members stated  that
  in many instances that money “owed” will assist the family members  to
  bury the deceased.

3.9. VISIT TO SASSA REGIONAL OFFICE – BELLVILLE

At the Bellville Regional Offices the Agency gave a demonstration to the delegation on the turnaround time of applications. 3.10. VISIT TO SASSA REGIONAL OFFICE - WORCESTER

3.10.1. Introduction

The delegation was briefed on the following: Human Resources, Infrastructure, turn-around time of applications, anti-fraud mechanisms, achievements and challenges at the regional office

3.10.2. Clarity seeking, comments and questions

On the issue of money lenders the Agency stated that this a project which has been running for years and that beneficiaries are educated as to the “dangers” of this and the Agency even went so far as to arrest these people.

The Agency stated that a specific day is set out for the payment of grants to older persons and older persons do get preferential treatment on other pay days and the Agency has been consulting different organisations to educate older persons.

Members enquired what the situation is with regard to the grants beneficiaries received which is then given to institutions e.g. old age homes etc. The Agency stated that there is no set formula and that it is a certain process which goes through SOCPEN and that it is an agreement between the institution and the beneficiary. The Provincial Department of Social Development stated that the monitoring of this is a huge problem for the department. They further noted that a Monitoring and Evaluation (M & E) Directorate has been established at Head Office which visited about 600 institutions. It is envisaged to decentralize M & E to the districts, since the districts are in a better position to deal with this.

With regard to foster care placements the department stated that after 2 years the social worker must report to the department what has been done to place this child permanently. The department stated that they rely very much on strong community-based organisations. The department stated that social workers are a major problem in the rural areas, but there is a 24- hours service at the office to phone the social workers in case of emergencies.

On the issue of the volunteers as commissioners of oaths the Agency stated that they make use of the SA Police Service as well as Commissioners of Oaths as appointed by the Department of Justice and Constitutional Development, but that there are still problems. SAPS complained that the Agency was clogging up their processes with the number of documents. What is needed is a network of commissioners.

SASSA stated that they do make available funds for doctors to the Department of Health, where these doctors go to the clinics and hospitals to check where the backlogs are.

3.10.3. Recommendations

   • That the issue of money lending and the confiscating of  cards  in
     the region are re-looked at and that the  culprits  must  not  get
     away with it and those beneficiaries need to be protected  against
     this “practice”.
   • That the shortage of Commissioners  of  Oaths  in  the  region  be
     addressed.

DEPARTMENT OF HOME AFFAIRS

4.1. Visit to Department of Home Affairs Regional Offices – Worcester

The Provincial Manager (Western Cape) of the Department of Home Affairs briefed the Committee on state of affairs in the province, with reference to Human Resources, Budget, Infrastructure, Service delivery and Partnerships and outreach programmes.

After the presentation of the Provincial Manager, the Regional Manager for the sub-region briefed the Committee.

The Regional Manager informed the Committee that the District Office (DO) Worcester is one of three districts under the jurisdiction of the Paarl Regional Office.

He noted that Worcester is serving various areas including Ceres, Tulbagh, Robertson etc, of which the furthest distance is 85 km. It operates with a personnel of 17 officials. The online hospital in the sub-region is Eben Donges Hospital in Worcester.

The present accommodation utilized by the DO Worcester was recently upgraded by the owner and a new counter was installed and renovations were done to the bathroom facilities, etc and the office was painted with the corporate colours of the department. Air-conditioners were installed in 7 offices.

4.2. Challenges

To keep rendering the services at mobile points; to expedite the processing of enabling document applications; to provide the relevant training to officials; to secure suitable, additional accommodation for the current and new additional staff; to get uniformity in the application of the Immigration Amended Act & Birth and Death Registration Act.

4.3. Achievements

The establishment of permanent service points/mobile venues in the regions; capacitating of offices in the regions; rendering service to the poor of the poorest in remote areas with the 2 mobile trucks; filling of all advertised posts; queue management systems implemented; optimal utilization of mobile trucks in the region.

4.4. Clarity-seeking, comments and questions

The delegation commented with regard to the migration of clients from the poor provinces. How does this effect service delivery and how does the Department cope with the migration? The department replied that most of the clients in Paarl sub-region are from the Eastern Cape. Example, Lesotho citizens pretending to be from the Eastern Cape, were questioned at this office by the Regional Manager. It was established that they are in fact from Lesotho. The department often receives complaints that people have tried to obtain Identity Documents in their Home Province but were not assisted by Home Affairs officials and the Malmesbury office reports that a councillor presented eight people as South Africans. When interviewed in depth, four of them were found to be from Lesotho.

Members enquired w.r.t. the turn-around times – and how does the department intend to adhere to turnaround times with the little resources (human) to their disposal? The department stated that staff are optimally utilised and recently 51 learners were deployed to assist.

Members raised concern why the approved structure is not capacitated – 878 approved and only 458 filled? Is DHA improving skills and employing unemployed and qualified persons? The department stated that the New Organisational Structure was approved by Minister on 2006.03.16 and out of the 878 approved posts 267 are not funded. All unfunded vacancies were funded over with the MTEF 2007 input. Only 153 funded vacancies remain of which: 76 Mabelane posts on level 2-5, plus 67 was advertised, plus 10 posts reserved for the absorption of contract workers, 153 funded vacancies.

Members wanted to know what the province’s strategy will be regarding preparation for 2010. The department replied that there is devolution of powers to Regional Managers for the approval of Temporary Residence applications where management will be streamlined to enhance service delivery. Capacitating Saldanha Bay, Mossel Bay harbour as well as the staff complement at the Cape Town International Airport. A request has been submitted for a budget (Cape Town Harbour, Mossel Bay Harbour, Saldanha Bay Harbour and Cape Town International Airport) in order to activate the above strategies.

The delegation raised concern regarding the deportation list, that only African people are reflected on the presentation. How many white people were deported and why was this not reflected? The department replied that recently a paedophile German was deported as well as a Chinese national fugitive before justice for fraud and armed robbery. The Cape Town Inspectorate is currently busy with the deportation of Laura Brown (American national) responsible for stem cell fraud. If Europeans are apprehended, they normally have enough funds to leave voluntarily, whereas migrant workers often do not have sufficient funds to leave voluntarily and have to be deported. Whenever an illegal foreigner is apprehended they are given the choice to leave on own funds or be deported on state expenditure. A Belgian Citizen was recently deported from Malmesbury through Lindela.

The department noted that birth registration at hospitals is not compulsory, only if the client wants to register the child the service is at hand. Only one hospital in Paarl sub-region Online: Eben Donges in Worcester. A total of 281 births were registered since the facility was opened. Paarl General Hospital will go online as soon as building operation at hospital is completed.

What is DHA: Western Cape doing to curb corruption? • Ensure that proper control measures are in place. • Whistle-blowing/fraud prevention policy workshopped with staff members and written confirmation of adherence requested afterwards. • Supervisors urged to report irregularities. • Capacitated the Counter Corruption component of the Provincial Managers Office by the employment of a Control Security Officer (18 April 2006). • All cases of possible corruption are submitted to Directorate Counter Corruption for investigation. • The Province established a close working relation with Provincial NIA. • Province embarked on a project to vet all managers from level 7- 14 with the buy-in of the National Intelligence Agency.

The delegation wanted to know how tight security at ports of entry is – foreigners smuggling drugs enter the country through International Airports. How many of these cases did you register and how do you manage them? Identification of drug smugglers is the mandate of Customs and Border Police (Organized Crime Unit). Interacting does however exist between immigration and other law enforcement agencies. The immigration staff facilitates the processing of admission of a person to the RSA. Security at Cape Town Harbour – responsibility of the Maritimes Company and Port of Entry Security Enhancement. Security at Cape Town International Airport – Airports Company.

Members enquired what interns and learners receive as remuneration form the department? The Provincial Manager stated that interns receive a monthly stipend of R3 000.00 per month and Learners are remunerated with R2 000.00 per month from the budget of the Director: Human Resources.

Where do you detain illegal foreigners before deportation? Local Police station for a maximum period of 48 hours, Pollsmoor Prison and Malmesbury.

4.5. VISIT TO GEORGE REGIONAL DEPARTMENT OF HOME AFFAIRS OFFICES

4.5.1. Introduction

The Office Manager briefed the delegation on the following: Human Resources, Budget, Infrastructure, Service Delivery and Partnerships and Outreach Programmes.

4.5.2. Clarity seeking, comments and questions

The delegation enquired why the vacancies within the Region are not filled and the department replied that all funded vacancies were advertised and are in various stages of filling.

The delegation wanted to know how the regional office distributes IDs to those people whose IDs are still in the office? The Department stated that it has signed a contract with the South African Post Office. SAPO officials are collecting IDs from the offices. After distribution SAPO submits a list of applicants delivered to as well as pink cards where applicants sign when receiving his/her ID. SAPO officials take great care when delivering these IDs by ensuring that the ID is handed to the owner.

Marriages are conducted at Regional Office George twice a week (Mondays and Wednesdays). It sometimes happen that clients turn up without knowing the designated day for solemnization of marriages, these clients are never turned away if all necessary documents and witnesses are present. The George Office conducts 15 to 25 per month.

The department noted that this office experienced one incident of fraud in 2004; the case was investigated and finalized early in 2005. The official was dismissed. Since then the Departmental Fraud Prevention plan was workshopped with all staff. A control measure with regards to the handling of cash was also enhanced.

The delegation enquired why there is no staff at Knysna while it is regarded as a district office and the department replied that the Regional Manager is currently in the process of negotiating office accommodation in the Knysna area. The establishment for District Office Knysna was approved in 2006, but not funded for 2006/07 financial year.

The department informed the delegation that during the migration process from the 1995 establishment to the 2004 establishment a mistake occurred during which the component number for DO Beaufort West was abolished. At the time the staff deployed at the Beaufort West office was accommodated on the establishment of Oudtshoorn. A component number for District Office Beaufort West needs to be created. The Provincial Office is addressing the issue.

In its presentation the department talked about the biometric system and the delegation wanted to know whether any problems are experienced with the Biometric system? The department stated that:

     • The Biometric system is time consuming as the official,
       registering a birth has to sign on 4 times (one has to put
       his/her finger on the device), for the registration and issuance
       of one birth certificate.
     • Officials enrolled on the Biometric System are not able to able
       to work on mobile trucks.

The delegation enquired what the turnaround time is for processing certificates and the department stated that unabridged certificates are issued on the spot and at times when computers are offline certificates are posted to the applicant.

During the period of the oversight visit the region was flooded and the delegation enquired what mechanisms are in place to assist people affected by the floods. The Regional Managers is working closely with the local Disaster Management Components of the local Municipalities. After an assessment was made of the flooded areas and the needs of the affected people, a submission requesting the waiving of fees are directed to the Director General via the Office of the Provincial Manager.

The delegation raised concern that it seems as if its only Africans are targeted by Immigration (evident from the presentation) and deported while non-Africans are left to leave the country on their own? The Provincial Manager stated that the National Immigration Branch of the Department of Home Affairs has a mandate to investigate arrest, detain and deport transgressors of the Immigration Act no 13 of 2002 together with other related Government Act. Well-qualified and trained Immigration Officers countrywide carry the mandate indiscriminately. As according to the Act those who are declared as illegal foreigners are removed from Southern Cape to Lindela Repatriation centre, which serves as an exit point, to the country of origin. When an illegal foreigner is arrested, he or she will be given an option of either leaving the country on his or her own account or either waits for Immigration officials to deport him or her at the state’s account. Those who are willing to deport themselves are issued with an Order to Leave the Republic (Form 21), to leave the republic on their own. Some Africans and non-Africans at times opt to remove themselves out of the country especially when they have money to do so. But most Africans cannot always afford to deport themselves as a result of lack of financial support.

The delegation wanted to know where illegal foreigners are kept prior their deportation. All illegal foreigners are kept temporarily in Police Stations around the Southern Cape for 48 hours. They are further transferred to Prince Albert Correctional Service Centre within 48 hours. Prince Albert is our detention facility where illegal foreigners await for their deportation. Prince Albert is about 150 kilometres out of George. The centre is 140 kilometres away from George Office. The centre is specifically assigned to accommodate illegal foreigners only. Before they could be moved to the centre, they were being accommodated at George Correctional Centre, which was not a suitable place. Cases of assault against the foreigners were registered. The detained are deported twice a month out of the Southern Region in a joint operation with the Immigration Inspectorate of Cape Town.

WAY FORWARD

• The Committee will undertake follow-up visits to the province, in
  order to provide oversight and monitor progress made with regard to
  some of the challenges raised by stakeholders during the oversight
  visit.
• The Committee will take up some of the issues raised with the
  Department of Health, and will continue to provide oversight on
  departmental strategic plans to ensure that the relevant issues are
  taken up in strategic and operational plans.

                      THURSDAY, 19 OCTOBER 2006

ANNOUNCEMENTS

National Council of Provinces

The Chairperson

Message from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council

(1)     Bill passed by National Assembly and transmitted for
    concurrence on 19 October 2006:


    (a)      Postal Services Amendment Bill [B 22B – 2006] (National
         Assembly – sec 75).


         The Bill has been referred to the Select Committee on Labour
         and Public Enterprises of the National Council of Provinces.

TABLINGS:

National Assembly and National Council of Provinces

The Minister of Defence

 a) Report and Financial Statements of the Castle of Good Hope for 2004-
    2005, including the Report of the Auditor-General on the Financial
    Statements for 2004-2005 [RP 214-2005].

National Council of Provinces

The Chairperson

 The report published in the ATC of 16 October 2006, entitled “Report of
 the
 National Council of Provinces on the provincial week visit by permanent
 delegates to provinces” is withdrawn.
_________________________________________________________________
                              APPROVED

M J Mahlangu, MP
Chairperson of the
National Council of Provinces

COMMITTEE REPORTS

National Council of Provinces

Report of the Select Committee on Social Services on the Foodstuffs, Cosmetics and Disinfectants Amendment Bill [B 35B – 2005] (National Assembly – sec 76), dated 18 October 2006:

The Select Committee on Social Services, having considered the subject of the Foodstuffs, Cosmetics and Disinfectants Amendment Bill [B 35B – 2005] (National Assembly – sec 76), referred to it, reports the Bill with amendments [B 35C - 2005].

Report of the Select Committee on Security and Constitutional Affairs on the Provisional Suspension from Office of Magistrate Mr I X Masimini, dated 18 October 2006:

The Select Committee on Security and Constitutional Affairs, having considered the report on the provisional suspension from office of magistrate I X Masimini, tabled by the Minister for Justice and Constitutional Development in terms of section 13 (3) (a) of the Magistrates Act, 1993 (Act 90 of 1993) reports as follows:

1) The Select  Committee  notes  that  the  Minister  for  Justice
   provisionally suspended Mr. I X  Masimini  from  office  on  17
   August 2006 in terms of section 13 (3) (a) of  the  Magistrates
   Act, 1993, and the Minister’s report was tabled  in  Parliament
   on the 21 August 2006.

2) The Select Committee was advised that Mr.  Masimini  was  on  a
   previous occasion found guilty  of  misconduct,  on  three  (3)
   counts in that he had used “foul and/or injudicious language in
   court”.

3) In terms of regulation 26 (17) (a) (iv) of the Regulations  for
   Judicial  Officers  in  Lower  Courts  1994,  imposition  of  a
   sanction was postponed by the presiding officer for a period of
   12 months. Mr. I X Masimini  was  ordered  to  subject  himself
   inter alia for psychological counselling and therapy sessions.

4) Three (3) days after he was so enjoined Mr. Masimini  allegedly
   assaulted a woman at a tavern causing  an  open  wound  on  her
   chin.


5) Four (4) months later Mr. I X Masimini appeared in court  on  a
   charge of assault with the intent to do grievous bodily harm.

6)  A  misconduct  inquiry  was  set  down  for  hearing  by   the
   Magistrates Commission for  the  period  between  22-24  August
   2006.

7) At its meeting of the 20 July 2006, the Magistrates  Commission
   resolved as follows: “… in those instances where  a  misconduct
   inquiry is instituted  following  criminal  charges  against  a
   magistrate,  the  misconduct  inquiry  not  be  proceeded  with
   pending the outcome of the criminal case. The  process  of  the
   inquiry is started by serving of the charge sheet. The  inquiry
   should thereafter be postponed indefinitely pending the outcome
   of the criminal case.”

8) The misconduct inquiry accordingly was postponed sine die.

9) The Committee is of the view that this resolution is  extremely
   unfortunate, and urges the Magistrates Commission to review its
   decision at the next available occasion.    10) Given the Magistrates Commission’s  resolution  and  given  the
   fact that Mr. I X Masimini would receive his full salary  while
   on suspension, the Committee is of the view that the suspension
   of Mr. I X Masimini on full  pay  would  be  inappropriate  and
   would not promote the good  standing  of  the  Magistracy.  The
   suspension of the magistrate on  full  pay  would  not  further
   contribute to the efficacy of the court where he is  stationed.
   The Committee suggests that the magistrate be  utilized  in  an
   administrative capacity at the court he is stationed.

The Committee accordingly recommends that the Council not confirm the provisional suspension of Magistrate I X Masimini.

Report to be considered.

Report of the Select Committee on Security and Constitutional Affairs on the Provisional Suspension from Office of Magistrate Mr. M. Matereke, dated 18 October 2006:

The Select Committee on Security and Constitutional Affairs, having considered the report on the provisional suspension from office of magistrate M. Matereke, tabled by the Minister for Justice and Constitutional Development in terms of section 13 (3) (a) of the Magistrates Act, 1993 (Act 90 of 1993) reports as follows:

1. The Select Committee noted from the report that Mr. Matereke
   was previously suspended from office in respect of different
   criminal allegations and due to the fact that those charges
   were withdrawn, and the Magistrates Commission has decided not
   to pursue misconduct proceedings the magistrate’s suspension
   “lapsed”. During this time, Mr. Matereke has been away from
   office on full pay.
2. The Minister for Justice provisionally suspended Mr. Matereke
   on the recommendation of the Magistrates Commission on the 17
   August 2006, and the Minister’s report was tabled in Parliament
   on the 21 August 2006.


3. Mr. Matereke was convicted of murder and assault on 4 July
   2006, having first appeared in the Johannesburg Regional Court
   on 18 February 2003 i.e. 3 years, one month and 5 days before
   the Magistrates Commission charged him with misconduct.


4. The Committee finds it completely unacceptable that there was
   this inordinate delay, and urges the Commission to finalise its
   proceedings and if possible to consider Mr. Matereke’s
   immediate removal from office, particularly given that he is
   currently in prison having been inter alia found guilty of
   murder.


5. The Committee further urges the Magistrates Commission to
   review its recent decision to not proceed with misconduct
   hearings pending the outcome of criminal cases against
   magistrates.


6. Accordingly the Committee recommends that the Council resolve
   to confirm the provisional suspension of Mr M. Matereke.

Report to be considered.

                       FRIDAY, 20 OCTOBER 2006

TABLINGS:

National Assembly and National Council of Provinces

The Minister of Arts and Culture

a) Explanatory Memorandum to the Convention on the Protection and
   Promotion of the Diversity of Cultural Expression.

                       MONDAY, 23 OCTOBER 2006

TABLINGS

National Assembly and National Council of Provinces

The Minister of Defence

 a) Report and Financial Statements of the Castle of Good Hope for 2005-
    2006, including the Report of the Auditor-General on the Financial
    Statements for 2005-2006 [RP 219-2005].

The Minister for Public Enterprises

 a)   Report and Financial Statements of Alexkor Limited for 2005-2006,
    including the Report of the Independent Auditors on the Financial
    Statements for 2005-2006.

                      TUESDAY, 24 OCTOBER 2006

ANNOUNCEMENTS:

National Council of Provinces

The Chairperson

Message from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council

(1)     Bills passed by National Assembly and transmitted for
    concurrence on 24 October 2006:


    a) Measurement Units and Measurement Standards Bill [B 21B - 2006]
       (National Assembly – sec 75)
    b) Accreditation for Conformity Assessment, Calibration and Good
       Laboratory Practice Bill [B 29B - 2006] (National Assembly – sec
       75).

The Bills have been referred to the Select Committee on Economic and Foreign Affairs of the National Council of Provinces.

Referral to Committees of papers tabled

1.      The following paper is referred to the Select Committee on
    Labour and Public Enterprises for consideration and report:
    (a)       Report  and  Financial  Statements  of  the   Independent
         Communications  Authority  of  South  Africa   for   2005-2006,
         including the Report of the Auditor-General  on  the  Financial
         Statements for 2005-2006 [RP 133-2006].

2.      The following papers are referred to the Select Committee on
    Economic and Foreign Affairs for consideration and report:

    (a)      Report and Financial Statements of the National Gambling
         Board for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements for 2005-2006 [RP 119-
         2006].

    (b)      Report and Financial Statements of Khula Enterprise
         Finance Limited for 2005-2006, including the Report of the
         Independent Auditors on the Financial Statements for 2005-2006.


    (c)      Report and Financial Statements of the International Trade
         Administration Commission of South Africa for 2005-2006,
         including the Report of the Auditor-General on the Financial
         Statements for 2005-2006 [RP 95-2006].


    (d)      Report and Financial Statements of the South African
         Bureau of Standards for 2005-2006, including the Report of the
         Auditor-General on the Financial Statements for 2005-2006 [RP
         46-2006].


3.      The following papers are referred to the Select Committee on
    Finance for consideration and report:
      a) Report and Financial Statements of Vote 8 – National Treasury
         for 2005-2006, including the Report of the Auditor-General on
         the Financial Statements of Vote 8 for 2005-2006 [RP 128-2006].


      b) Report and Financial Statements of the South African Revenue
         Service (SARS) for 2005-2006, including the Report of the
         Auditor-General on the Financial Statements for 2005-2006 [RP
         167-2006].


      c) Report and Financial Statements of Vote 13 – Statistics South
         Africa for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements of Vote 13 for 2005-2006
         [RP 57-2006].


      d) Report and Financial Statements of the Development Bank of
         Southern Africa Limited for 2005-2006, including the Report of
         the Independent Auditors on the Financial Statements for 2005-
         2006.


      e) Activities Report of the Development Fund of the Development
         Bank of Southern Africa Limited for 2005-2006.


      f) Report and Financial Statements of the Reconstruction and
         Development Fund for 2005-2006, including the Report of the
         Auditor-General on the Financial Statements for 2005-2006.


      g) Report and Financial Statements of the Financial Services Board
         (FSB) 2005-2006, including the Report of the Auditor-General on
         the Financial Statements for 2005-2006 [RP 91-2006].


      h) Report and Financial Statements of the Accounting Standards
         Board (ASB) for 2005-2006, including the Report of the
         Independent Auditors on the Financial Statements for 2005-2006
         [RP 102-2006].


      i) Report and Financial Statements of the Public Investment
         Corporation (PIC) for 2005-2006, including the Report of the
         Auditor-General on the Financial Statements for 2005-2006 [RP
         14-2006].


      j) Report and Financial Statements of the Financial and Fiscal
         Commission (FFC) for 2005-2006, including the Report of the
         Auditor-General on the Financial Statements for 2005-2006 [RP
         105-2006].


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

    a) Report and Financial Statements of the Public Protector of South
       Africa for 2005-2006, including the Report of the Auditor-
       General on the Financial Statements for 2005-2006 [RP 212-2006].


    b) Report and Financial Statements of the Special Investigating
       Unit (SIU) for 2005-2006, including the Report of the Auditor-
       General on the Financial Statements for 2005-2006 [RP 130-2006].

    c) 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].


    d) Report and Financial Statements of the Armaments Corporation of
       South Africa Limited (ARMSCOR) for 2005-2006, including the
       Report of the Auditor-General on the Financial Statements for
       2005-2006 [RP 139-2006].


    e) Report and Financial Statements of Vote 22 – Independent
       Complaints Directorate (ICD) for 2005-2006, including the Report
       of the Auditor-General on the Financial Statements of Vote 22
       for 2005-2006 [RP 113-2006].


5.      The following papers are referred to the Select Committee on
    Labour and Public Enterprises for consideration and report:


      a) Report and Financial Statements of Vote 17 – Department of
         Labour for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements of Vote 17 for 2005-2006
         [RP 59-2006].


      b) Report and Financial Statements of the Commission for
         Concilliation, Mediation and Arbitration (CCMA) for 2005-2006,
         including the Report of the Auditor-General on the Financial
         Statements for 2005-2006 [RP 106-2006].


      c) Report and Financial Statements of the Unemployment Insurance
         Fund (UIF) for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements for 2005-2006 [RP 89-2006].


      d) 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.


      e) Report and Financial Statements of Vote 7 – Government
         Communication and Information System (GCIS) for 2005-2006,
         including the Report of the Auditor-General on the Financial
         Statements of Vote 7 for 2005-2006 [RP 123-2006].


      f) Report and Financial Statements of the Sentech Limited for 2005-
         2006, including the Report of the Independent Auditors on the
         Financial Statements for 2005-2006.


      g) 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.


      h) 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].
      i) Report and Financial Statements of the South African Post
         Office Limited for 2005-2006, including the Report of the
         Independent Auditors on the Financial Statements for 2005-2006.


6.      The following paper is referred to the Select Committee on
    Labour and Public Enterprises and the Select Committee on Land and
    Environmental Affairs for consideration and report:


    (a)      Report and Financial Statements of the Agricultural Sector
         Education and Training Authority (Agri-Seta) for 2005-2006,
         including the Report of the Auditor-General on the Financial
         Statements for 2005-2006 [RP 66-2006].

7.      The following paper is referred to the Select Committee on
    Labour and Public Enterprises and the Select Committee on Economic
    and Foreign Affairs for consideration and report:


    (a)      Report and  Financial  Statements  of  the  Manufacturing,
         Engineering and Related Services Sector Education and  Training
         Authority (MER-Seta) for 2005-2006, including the Report of the
         Auditor-General on the Financial Statements for  2005-2006  [RP
         81-2006].


8.      The following papers are referred to the Select Committee on
    Land and Environmental Affairs for consideration and report:

    (a)      Report and Financial Statements of Vote 25 – Department of
         Agriculture for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements of Vote 25 for 2005-2006
         [RP 156-2006].


    (b)      Report and Financial Statements of Vote 29 – Department of
         Land Affairs for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements of Vote 29 for 2005-2006
         [RP 226-2006].


    (c)      Report and Financial Statements of the Ingonyama Trust
         Board for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements for 2005-2006 [RP 227-
         2006].


    (d)      Report and Financial Statements of the Ncera Farms (Pty)
         Ltd for 2005-2006, including the Report of the Independent
         Auditors on the Financial Statements for 2005-2006.


    (e)      Report and Financial Statements of the Agricultural
         Research Council (ARC) for 2005-2006, including the Report of
         the Auditor-General on the Financial Statements for 2005-2006
         [RP 168-2006].


    (f)      Report and Financial Statements of Onderstepoort
         Biological Products Limited for 2005-2006, including the Report
         of the Independent Auditors on the Financial Statements for
         2005-2006.


    (g)      Report and Financial Statements of the National
         Agricultural Marketing Council (NAMC) for 2005-2006, including
         the Report of the Auditor-General on the Financial Statements
         for 2005-2006 [RP 1-2006].


    (h)      Report and Financial Statements of the Perishable Products
         Export Control Board (PPECB) for 2005-2006, including the
         Report of the Independent Auditors on the Financial Statements
         for 2005-2006.


    (i)      Report and Financial Statements of the South African
         Weather Service (SAWS) for 2005-2006, including the Report of
         the Auditor-General on the Financial Statements for 2005-2006
         [RP 48-2006].


    (j)      Report and Financial Statements of the Marine Living
         Resources Fund (MLRF) for 2005-2006, including the Report of
         the Auditor-General on the Financial Statements for 2005-2006
         [RP 173-2006].


    (k)      Report and Financial Statements of the Greater St Lucia
         Wetland Park Authority for 2005-2006, including the Report of
         the Auditor-General on the Financial Statements for 2005-2006.


    (l)      Report and Financial Statements of the Land Bank for 2005-
         2006, including the Report of the Auditor-General on the
         Financial Statements for 2005-2006.


9.      The following paper is referred to the Select Committee on
    Finance and the Select Committee on Security and Constitutional
    Affairs for consideration and report:
    (a)      Report and Financial Statements of the Financial
         Intelligence Centre for 2005-2006, including the Report of the
         Auditor-General on the Financial Statements for 2005-2006 [RP
         132-2006].


10.     The following papers are referred to the Select Committee on
    Public Services for consideration and report:

      a) Report and Financial Statements of the South African National
         Roads Agency Limited (SANRAL) for 2005-2006, including the
         Report of the Independent Auditors on the Financial Statements
         for 2005-2006 [RP 144-2006].


      b) Report and Financial Statements of the South African Rail
         Commuter Corporation Limited (SARRC) for 2005-2006, including
         the Report of the Independent Auditors on the Financial
         Statements for 2005-2006 [RP 155-2006].


      c) Report of the Regulating Committee of the Airports Company of
         South Africa and Air Navigation Services Company for 2005-2006.


      d) Report and Financial Statements of the Cross-Border Road
         Transport Agency (C-BRTA) for 2005-2006, including the Report
         of the Auditor-General on the Financial Statements for 2005-
         2006 [RP 126-2006].


      e) Report and Financial Statements of the Air Traffic and
         Navigation Services Company Limited (ATNS) for 2005-2006,
         including the Report of the Independent Auditors on the
         Financial Statements for 2005-2006.
      f) Report and Financial Statements of the South African Maritime
         Safety Authority (SAMSA) for 2005-2006, including the Report of
         the Auditor-General on the Financial Statements (including the
         Maritime Fund) for 2005-2006 [RP 110-2006].


      g) Report and Financial Statements of the Railway Safety Regulator
         (RSR) for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements for 2005-2006 [RP 200-
         2006].


      h) Report and Financial Statements of the South African Search and
         Rescue Organisation (SASAR) for 2005-2006.


      i) Report and Financial Statements of the South African Civil
         Aviation Authority (SACAA) for 2005-2006, including the Report
         of the Independent Auditors on the Financial Statements for
         2005-2006 [RP 98-2006].


      j) Report and Financial Statements of Vote 6 – Department of
         Public Works for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements of Vote 6 for 2005-2006.


      k) Report and Financial Statements of the Independent Development
         Trust for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements for 2005-2006 [RP 122-
         2006].


      l) Report and Financial Statements of Vote 28 – Department of
         Housing for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements of Vote 28 for 2005-2006
         [RP 141-2006].


      m) Report and Financial Statements of the National Urban
         Reconstruction and Housing Agency (NURCHA) for 2005-2006.


      n) Annual Financial Statements of the National Urban
         Reconstruction and Housing Agency (NURCHA) including the Report
         of the Independent Auditors on the Financial Statements for
         2005-2006.


      o) Report and Financial Statements of The Thubelisha Homes for
         2005-2006, including the Report of the Independent Auditors on
         the Financial Statements for 2005-2006.


      p) Report and Financial Statements of Servcon Housing Solutions
         (Proprietary) Limited for 2005-2006, including the Report of
         the Independent Auditors on the Financial Statements for 2005-
         2006.


      q) Report and Financial Statements of the National Housing Finance
         Corporation Ltd (NHFC) for 2005-2006, including the Report of
         the Independent Auditors on the Financial Statements for 2005-
         2006.


      r) Report and Financial Statements of the Rural Housing Loan Fund
         (RHLF) for 2005-2006, including the Report of the Independent
         Auditors on the Financial Statements for 2005-2006.
11.     The following papers are referred to the Select Committee on
    Education and Recreation for consideration and report:


      a) Report and Financial Statements of The Freedom Park Trust for
         2005-2006, including the Report of the Auditor-General on the
         Financial Statements for 2005-2006.


      b) Report and Financial Statements of the William Humphreys Art
         Gallery for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements for 2005-2006 [RP 121-2006]


      c) Report and Financial Statements of the National Film and Video
         Foundation (NFVF) for 2005-2006, including the Report of the
         Auditor-General on the Financial Statements for 2005-2006 [RP
         111-2006].


      d) Report and Financial Statements of the South African State
         Theatre for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements for 2005-2006 [RP 152-
         2006].


      e) Report and Financial Statements of the National English
         Literary Museum for 2005-2006, including the Report of the
         Auditor-General on the Financial Statements for 2005-2006.


      f) Report and Financial Statements of the Windybrow Centre for the
         Arts for 2005-2006, including the Report of the Auditor-General
         on the Financial Statements for 2005-2006.
      g) Report and Financial Statements of the War Museum of the Boer
         Republics for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements for 2005-2006.


      h) Report and Financial Statements of Blind S A for 2005-2006,
         including the Report of the Auditor-General on the Financial
         Statements for 2005-2006.


      i) Report and Financial Statements of the National Library of
         South Africa for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements for 2005-2006 [RP 158-
         2006].


      j) Report and Financial Statements of Business and Arts South
         Africa (BASA) for 2005-2006, including the Report of the
         Auditor-General on the Financial Statements for 2005-2006 [RP
         135-2006].


      k) Report and Financial Statements of the Voortrekker Museum –
         Isigcinamagugu for 2005-2006, including the Report of the
         Auditor-General on the Financial Statements for 2005-2006 [PR
         107-2006].


      l) Report and Financial Statements of the Iziko Museums of Cape
         Town for 2005-2006, including the Report of the Auditor-General
         on the Financial Statements for 2005-2006 [RP 89-2006].


      m) Report and Financial Statements of the National Museum –
         Bloemfontein for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements for 2005-2006 [RP 152-
         2006].


      n) Report and Financial Statements of the National Arts Council of
         South Africa (NAC) for 2005-2006, including the Report of the
         Auditor-General on the Financial Statements for 2005-2006.


      o) Report and Financial Statements of the Performing Arts Centre
         of Free State (PACOFS) for 2005-2006, including the Report of
         the Auditor-General on the Financial Statements for 2005-2006.


      p) Report and Financial Statements of the South African Library
         for the Blind for 2005-2006, including the Report of the
         Auditor-General on the Financial Statements for 2005-2006.


      q) Report and Financial Statements of the South African Heritage
         Resources Agency (SAHRA) for 2005-2006, including the Report of
         the Auditor-General on the Financial Statements for 2005-2006
         [RP 131-2006].


      r) Report and Financial Statements of the Afrikaans Language
         Museum for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements for 2005-2006.


      s) Report and Financial Statements of the Northern Flagship
         Institution for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements for 2005-2006 [RP 142-
         2006].


      t) Report and Financial Statements of the National Heritage
         Council for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements for 2005-2006.


      u) 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.


      v) Report and Financial Statements of the Department of Education
         for 2005-2006, including the Report of the Auditor-General on
         the Financial Statements of Vote 15 – Department of Education
         for 2005-2006.


      w) Report and Financial Statements of the South African
         Qualifications Authority (SAQA) for 2005-2006, including the
         Report of the Auditor-General on the Financial Statements for
         2005-2006 [RP 189-2006].


      x) Report and Financial Statements of Vote 31 – Department of
         Science and Technology for 2005-2006, including the Report of
         the Auditor-General on the Financial Statements of Vote 31 for
         2005-2006 [RP 162-2006].


      y) Report and Financial Statements of the South African Council
         for Natural Scientific Professions for 2005-2006, including the
         Report of the Independent Auditors on the Financial Statements
         for 2005-2006.


      z) Report and Financial Statements of the Africa Institute of
         South Africa for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements for 2005-2006.


     aa) Report and Financial Statements of Vote 19 – Department of
         Sport and Recreation for 2005-2006, including the Report of the
         Auditor-General on the Financial Statements for 2005-2006.


     ab) Report and Financial Statements of the South African Drug-Free
         Sport for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements for 2005-2006 [RP 147-
         2006].

12.     The following paper is referred to the Select Committee on
    Local Government and Administration:

    (a)      Quarterly Report of the Auditor-General on the submission
         of financial statements by municipalities and the status of
         audit reports as at 30 June 2006 for the financial year ended
         30 June 2005 [RP 153-2006].

13.     The following papers are referred to the Select Committee on
    Labour and Public Enterprises and to the Select Committee on Public
    Services for consideration and report:
      a) Report and Financial Statements of the Construction Industry
         Development Board (CIDB) for 2005-2006, including the Report of
         the Auditor-General on the Financial Statements for 2005-2006
         [RP 198-2006].


      b) Report and Financial Statements of the Construction Education
         and Training Authority (CETA) for 2005-2006, including the
         Report of the Auditor-General on the Financial Statements for
         2005-2006 [RP 68-2006].

14.     The following papers are referred to the Select Committee on
    Security and Constitutional Affairs for consideration:

    (a)      A report to inform Parliament of a recent decision of the
         Minister for Justice and Constitutional Development to uplift
         the provisional suspension of a Magistrate, Nr I W O Morake
         from Lichtenburg, with effect from 14 March 2006;


    (b)      A report to inform Parliament of a recent decision of the
         Minister for Justice and Constitutional Development to uplift
         the provisional suspension of a Magistrate, Mr M S E Khumalo
         from Amsterdam, with effect from 25 April 2006;


    (c)      A progress report in respect of an inquiry into
         allegations of misconduct against Magistrate K Sulliman from
         Durban, in terms of section 13(3)(f) of the Magistrates Act,
         1993 (Act No 90 of 1993);


    (d)      A progress report in respect of an inquiry into
         allegations of misconduct against Magistrate M K Chauke from
         Pretoria, in terms of section 13(3)(f) of the Magistrates Act,
         1993 (Act No 90 of 1993);


    (e)      A progress report in respect of an inquiry into
         allegations of misconduct against Magistrate M S Makamu from
         Benoni, in terms of section 13(3)(f) of the Magistrates Act,
         1993 (Act No 90 of 1993); and


    (f)      A progress report in respect of an inquiry into
         allegations of misconduct against Magistrate M F Mathe from
         Johannesburg, in terms of section 13(3)(f) of the Magistrates
         Act, 1993 (Act No 90 of 1993).


15.     The following paper is referred to the Select Committee on
    Security and Constitutional Affairs and the Joint Standing
    Committee on Defence:

    (a)      The President of the Republic submitted a letter dated 28
         August 2006 to the Chairperson of the National Council of
         Provinces informing Members of the Council of the employment of
         the South African National Defence Force in The Kingdom of
         Lesotho.

16.     The following papers are referred to the Select Committee on
    Economic and Foreign Affairs for consideration and report:


    (a)      Report and Financial Statements of Vote 30 – Department of
         Minerals and Energy for 2005-2006, including the Report of the
         Auditor-General on the Financial Statements of Vote 30 for 2005-
         2006.

    (b)      Report and Financial Statements of the Council for
         Geoscience (CGE) for 2005-2006, including the Report of the
         Auditor-General on the Financial Statements for 2005-2006 [RP
         58-2006].

    (c)      Report and Financial Statements of the Central Energy Fund
         Group of Companies (CEF) for 2005-2006, including the Report of
         the Auditor-General and the Independent Auditors on the
         Financial Statements of the Central Energy Fund Group of
         Companies for 2005-2006 [RP 148-2006].


    (d)      Report and Financial Statements of the National Energy
         Regulator of South Africa (NERSA) for 2005-2006, including the
         Report of the Auditor-General on the Financial Statements for
         2005-2006.


    (e)      Report and Financial Statements of the Mine Health and
         Safety Council for 2005-2006, including the Report of the
         Auditor-General on the Financial Statements for 2005-2006 [RP
         40-2006].


    (f)      Report and Financial Statements of the South African
         Diamond Board Fund for 2005-2006, including the Report of the
         Auditor-General on the Financial Statements for 2005-2006 [RP
         138-2006].


    (g)      Report and Financial Statements of the Nuclear Safety
         Regulator for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements for 2005-2006 [RP 52-2006].


    (h)      Report and Financial Statements of the South African
         Nuclear Energy Corporation Limited (NECSA) for 2005-2006,
         including the Report of the Auditor-General on the Financial
         Statements for 2005-2006 [RP 109-2006].


    (i)      Report and Financial Statements of the Electricity
         Distribution Industrial Holdings (Pty) Ltd (EDIH) for 2005-
         2006, including the Report of the Auditor-General on the
         Financial Statements for 2005-2006.


    (j)      Report and Financial Statements of Vote 32 – Department of
         Trade and Industry for 2005-2006, including the Report of the
         Auditor-General on the Financial Statements of Vote 32 for 2005-
         2006.


    (k)      Report and Financial Statements of the National Lotteries
         Board for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements for 2005-2006 [RP 164-
         2006].

    (l)      Report of the South African Council for the Non-
         Proliferation of Weapons of Mass Destruction for July 2004 to
         June 2005.


    (m)      Report of the South African Council for the Non-
         Proliferation of Weapons of Mass Destruction for July 2005 to
         June 2006.
    (n)      Report and Financial Statements of the Competition
         Commission for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements for 2005-2006 [RP 101-
         2006].


    (o)      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].


    (p)      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.


    (q)      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.


    (r)      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.


    (s)      Report and Financial Statements of Vote 3 – Department of
         Foreign Affairs for 2005-2006, including the Report of the
         Auditor-General on the Financial Statements of Vote 3 for 2005-
         2006.


    (t)      Report and Financial Statements of the African Renaissance
         and International Co-operation Fund for 2005-2006, including
         the Report of the Auditor-General on the Financial Statements
         for 2005-2006.


17.     The following paper is referred to the Select Committee on
    Labour and Public Enterprises and the Select Committee on Land and
    Environmental Affairs for consideration and report:


    a) 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].


18.     The following papers are referred to the Select Committee on
    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) 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).


      d) 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).


      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).


      g) The Budget and Strategic Plan of the Auditor-General for 2006-
         2007 [RP 215-2006].


      h) Government Notice No 862 published in Government Gazette No
         29160 dated 25 August 2006: Stopping of Schedule 4 allocation
         to certain Provinces, in terms of the Division of Revenue Act,
         2005 (Act No 1of 2005).


      i) Government Notice No 870 published in Government Gazette No
         29180 dated 31 August 2006: Determination of interest rate for
         purposes of paragraph (a) of the definition of “Official rate
         of interest” in paragraph 1 of the Seventh Schedule to the
         Income Tax Act, 1962 (Act No 58 of 1962).


      j) Government Notice No R.914 published in Government Gazette No
         29206 dated 15 September 2006: Notice in terms of section
         7(2)(a) of the Statistics Act, 1999 (Act No 6 of 1999).


19.     The following papers are referred to the Select Committee on
    Social Services for consideration and report:

      a) Report and Financial Statements of Vote 18 – Department of
         Social Development for 2005-2006, including the Report of the
         Auditor-General on the Financial Statements of Vote 18 for 2005-
         2006 [RP 208-2006].


      b) Report and Financial Statements of Vote 4 – Department of Home
         Affairs for 2005-2006, including the Report of the Auditor-
         General on the Financial Statements of Vote 4 for 2005-2006 RP
         223-2006].


20.     The following papers are referred to the Select Committee on
    Security and Constitutional Affairs:


      a) Proclamation No R.25 published in Government Gazette No 28973
         dated 27 June 2006: Commencement of the Regulation of
         Interception of Communications and Provision of Communication-
         related Information Act, 2002 (Act No 70 of 2002) Amendment and
         Repeal of Proclamations.


      b) Proclamation No R.33 published in Government Gazette No 29115
         dated 11 August 2006: Referral of Matters to Existing Special
         Investigating Unit and Special Tribunal, in terms of the
         Special Investigating Units and Special Tribunals Act, 1996
         (Act No 74 of 1996).


21.     The following papers are referred to the Select Committee on
    Security and Constitutional Affairs for consideration and report:


    (a)      Report and Financial Statements of Vote 20 – Department of
         Correctional Services for 2005-2006, including the Report of
         the Auditor-General on the Financial Statements of Vote 20 for
         2005-2006 [RP 206-2006].

    (b)      Report and Financial Statements of Vote 24 – Department
         for Safety and Security for 2005-2006, including the Report of
         the Auditor-General on the Financial Statements of Vote 24 for
         2005-2006 [RP 213-2006].


22.     The following papers are referred to the Select Committee on
    Social Services for consideration and report and to the Select
    Committee on Economic and Foreign Affairs:

    (a)      Southern African Development Community (SADC) Protocol on
         the Facilitation of Movement of Persons, tabled in terms of
         section 231(2) of the Constitution, 1996.


    (b)      Explanatory Memorandum to the Southern African Development
         Community (SADC) Protocol on the Facilitation of Movement of
         Persons.

23.     The following paper is referred to the Select Committee on
    Labour and Public Enterprises and the Select Committee on Finance
    for consideration and report:


       a) Report and Financial Statements of the Finance, Accounting,
          Management Consulting and other Financial Services Sector
          Education and Training Authority (FASSET) for 2005-2006,
          including the Report of the Auditor-General on the Financial
          Statements for 2005-2006 [RP 73-3006].

TABLINGS:

National Assembly and National Council of Provinces

The Minister of Labour

a) Report and Financial Statements of the Local Government Sector
   Education and Training Authority (LG-Seta) for 2005-2006, including
   the Report of the Auditor-General on the Financial Statements for
   2005-2006 [RP 79-2006].

                     WEDNESDAY, 25 OCTOBER 2006

ANNOUNCEMENTS:

National Assembly and National Council of Provinces

The Speaker and the Chairperson

Introduction of Bill

 (1)    The Minister of Finance


      a) Adjustments Appropriation Bill [B 32 – 2006] (National
         Assembly – proposed sec 77)


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


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

Bills passed by Houses – to be submitted to President for assent

(1)     Bill passed by National Council of Provinces on 25 October
    2006:


      a) National Land Transport Transition Amendment Bill [B 38D –
         2005] (National Council of Provinces – sec 76).

TABLINGS

National Assembly and National Council of Provinces

The Minister of Finance

 a) Medium-Term Budget Policy Statement 2006 [RP 239-2006].

    Referred to the Joint Budget Committee and the Portfolio Committee
    on Finance for consideration, in accordance with their respective
    mandates.

 b) Adjustments Appropriation Bill, 2006 [B32-2006].

    Referred to the Portfolio Committee on Finance for consideration
    and report.

 c) Adjusted Estimates of National Expenditure 2006 [RP 240-2006],
    which includes:

        1.   Memorandum on Vote No 1 - "The Presidency", Adjustments
             Estimates, 2006-2007;

        2.   Memorandum on Vote No 2 - "Parliament", Adjustments
        Estimates, 2006-2007;

        3.   Memorandum on Vote No 3 - "Foreign Affairs", Adjustments
             Estimates, 2006-2007;

        4.   Memorandum on Vote No 4 - "Home Affairs", Adjustments
             Estimates, 2006-2007;

        5.   Memorandum on Vote No 5 - "Provincial and Local
             Government", Adjustments Estimates, 2006-2007;

        6.   Memorandum on Vote No 6 - "Public Works", Adjustments
             Estimates, 2006-2007;

        7.   Memorandum on Vote No 7 - "Government Communications and
             Information System", Adjustments Estimates, 2006-2007;

        8.   Memorandum on Vote No 8 - "National Treasury", Adjustments
             Estimates, 2006-2007;

        9.   Memorandum on Vote No 9 - "Public Enterprises",
             Adjustments Estimates, 2006-2007;

        10   Memorandum on Vote No 10 - "Public Service and
             Administration", Adjustments Estimates, 2006-2007;

        11.  Memorandum on Vote No 11 - "Public Service Commission",
             Adjustments Estimates, 2006-2007;

        12.  Memorandum on Vote No 12 - "South African Management
             Development Institute", Adjustments Estimates, 2006-2007;

        13.  Memorandum on Vote No 13 - "Statistics South Africa",
             Adjustments Estimates,   2006-2007;

        14.  Memorandum on Vote No 14 - "Arts and Culture", Adjustments
             Estimates, 2006-2007;

        15.  Memorandum on Vote No 15 - "Education", Adjustments
             Estimates, 2006-2007;

        16.  Memorandum on Vote No 16 - "Health", Adjustments
             Estimates, 2006-2007;

        17.  Memorandum on Vote No 17 - "Labour", Adjustments
             Estimates, 2006-2007;

        18.  Memorandum on Vote No 18 - " Social Development",
             Adjustments Estimates, 2006-2007;

        19.  Memorandum on Vote No 19 - "Sport and Recreation South
             Africa", Adjustments Estimates, 2006-2007;

        20.  Memorandum on Vote No 20 - "Correctional Services",
             Adjustments Estimates, 2006-2007;

        21.  Memorandum on Vote No 21 - "Defence", Adjustments
        Estimates, 2006-2007;

        22.  Memorandum on Vote No 22 - "Independent Complaints
             Directorate" Adjustments Estimates, 2006-2007;

        23.  Memorandum on Vote No 23 - " Justice and Constitutional
             Development ", Adjustments Estimates, 2006-2007;

        24.  Memorandum on Vote No 24 - "Safety and Security",
             Adjustments Estimates, 2006-2007;

        25.  Memorandum on Vote No 25 - "Agriculture", Adjustments
             Estimates, 2006-2007;

        26.  Memorandum on Vote No 26 - "Communications", Adjustments
             Estimates, 2006-2007;

        27.  Memorandum on Vote No 27 - "Environmental Affairs and
             Tourism", Adjustments Estimates, 2006-2007;

        28.  Memorandum on Vote No 28 - "Housing", Adjustments
        Estimates, 2006-2007;

        29.  Memorandum on Vote No 29 - "Land Affairs", Adjustments
             Estimates, 2006-2007;

        30.  Memorandum on Vote No 30 - "Minerals and Energy",
             Adjustments Estimates, 2006-2007;

        31.  Memorandum on Vote No 31 - "Science and Technology",
             Adjustments Estimates, 2006-2007;

        32.  Memorandum on Vote No 32 - "Trade and Industry",
             Adjustments Estimates, 2006-2007;

        33.  Memorandum on Vote No 33 - "Transport", Adjustments
             Estimates, 2006-2007;

        34.  Memorandum on Vote No 34 - "Water Affairs and Forestry",
             Adjustments Estimates, 2006-2007;

    Referred to the Portfolio Committee on Finance for consideration
    and report.

The Minister of Trade and Industry

 a) Report and Financial Statements of the Small Enterprises
    Development Agency for 2005-2006, including the Report of the
    Auditor-General for the fifteen-month period ended on 31 March
    2006.

COMMITTEE REPORTS

National Council of Provinces

Amendment of the Report of the Select Committee on Local Government and Administration, dated 17 October 2006:

The report is amended by the insertion of the following addendum:
“That the following conditions be attached to the approval.

      • The employment contract of Mr A S Minty should be extended for
        a period of five years, reckoned from 1 November 2006.
      • The Department of Foreign Affairs should develop a coherent
        succession strategy/plan and present it to the Select Committee
        on Foreign Affairs, within a period of six months, calculated
        from the date of approval of this application by Parliament.
      • The Department should include the implementation of the
        succession strategy/plan in their strategic plans.
      • The Department of Foreign Affairs should report annually on
        progress in the implementation of the succession
        strategy/plan”.


Report to be considered.

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