National Assembly - 05 June 2007
TUESDAY, 5 JUNE 2007 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 14:03.
The Deputy Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
CONGRATULATIONS TO BAFANA BAFANA AND THE SPRINGBOKS
(Draft Resolution)
Mr T D LEE: Madam Deputy Speaker, I move without notice:
That the House –
(1) congratulates Bafana Bafana on its 4-0 victory over Chad on Saturday, 2 June 2007;
(2) further congratulates the Springboks on their 55–22 win over England at Loftus Versfeld; (3) recognises that both these sports teams are great ambassadors for South Africa;
(4) further recognises that both these victories inspire all our young South African sports men and women to fulfil their potential in their chosen field of sport; and
(5) wishes Bafana Bafana and the Springboks well in their upcoming matches.
I thank you.
Agreed to.
CONGRATULATIONS TO MR KOOS BEKKER
(Draft Resolution)
Mr M J ELLIS: Madam Deputy Speaker, I move without notice:
That the House –
(1) notes that the CEO of Naspers, Mr Koos Bekker, was included in the World Entrepreneur Hall of Fame at the World Entrepreneur Awards held in Monte Carlo on Saturday, 2 June 2007; (2) further notes that he was the winner of the South African Chapter of the World Entrepreneur Awards in 2006;
(3) recognises that this honour is only bestowed on World Entrepreneurship Finalists and the winner of the Ernest and Young World Entrepreneur of the Year Award; and
(4) congratulates Mr Bekker on this honour as well as the instrumental role he has played in the transformation of Naspers since he took over in 1997.
Thank you.
Agreed to.
CONDOLENCES ON THE PASSING AWAY OF MRS FATHIA NKRUMAH
(Draft Resolution)
Dr S E M PHEKO: Madam Speaker, I move without notice:
That the House –
(1) notes that –
(a) Mrs Fathia Nkrumah, the First Lady of Ghana at
independence on 6 March 1957, died on 1 June 2007;
(b) she was a pillar of support for President Kwame Nkrumah,
the visionary Pan-Africanist who, within a short space of
time, established 68 sprawling state-owned factories to meet
the every need of the Ghanaian people and introduced free
education and medical services, which gave Ghana the pride of
a liberated African country;
(c) Mrs Fathia Nkrumah suffered the pain of setbacks in
Ghana’s independence when, among other things, she and her
two children, Gamal and Sonia, had guns pointed at them by
imperialist-inspired coup soldiers in February 1966; and
(d) she further suffered the pain of bringing up Nkrumah’s
children almost single-handedly after her husband died in
1972; and
(2) salutes her for the courage and determination she demonstrated in the liberation of Africa, and for having been a good example of womanhood, and leadership and a fountain of inspiration to all women of Africa and the world.
Thank you. The ACTING CHIEF WHIP OF THE MAJORITY PARTY: Deputy Speaker …
The DEPUTY SPEAKER: Are there any objections?
The ACTING CHIEF WHIP OF THE MAJORITY PARTY: It’s not an objection, but maybe a request that this just stand over till tomorrow. I don’t think any of us would have a problem with the general sentiments expressed. It’s just that none of the other parties seem to have received the text beforehand, as is practice. So we are not objecting at all but we would just like to see the text before we agree.
The DEPUTY SPEAKER: So what are you objecting to?
The ACTING CHIEF WHIP OF THE MAJORITY PARTY: We are not objecting. We say we haven’t received the text. The practice is that a motion without notice is circulated to all parties beforehand. That hasn’t happened. So can we just see the text before we agree or disagree?
The DEPUTY SPEAKER: I’m told that we can actually take it as a notice of motion.
You see, we are not responsible for what happens behind the scenes and we take it that you have consulted, but we are not opposed to the text itself. I think we all identify ourselves with that. Do you still want to address us on that, Mr Pheko?
Dr S E M PHEKO: I do understand, Madam Deputy Speaker. All I want to say is that the text was circulated. It is very unfortunate if other members did not receive it. We circulated it and up to today we have not received any objection to it, but we understand the situation. I thank you.
The DEPUTY SPEAKER: So, the agreement is that it stands over, Acting Chief Whip? I don’t want the wrong interpretation to go out of the House. We are not opposed to the text; in fact, we are honoured that one of our members thought of saying something about Mrs Nkrumah. So it will stand over until such time as all the parties have seen it.
COSMO CITY
(Member’s Statement)
Mr G D SCHNEEMANN (ANC): Thank you, Deputy Speaker. Three new schools - two primary schools and a high school-opened their doors to learners in January this year in Cosmo City in the northern part of Johannesburg. The schools were formally handed over to the Gauteng Department of Education on 26 April 2007.
These three schools are well equipped and will produce learners who will make their mark in our country. The facilities provided include, amongst others, school halls, sports fields and tennis courts.
Cosmo City is a product of the Department of Housing’s Breaking New Ground policy, which directs that all new human settlements should not consist of just homes, but that with the construction of homes should be accompanied by the provision of the necessary social and economic infrastructure, so as to ensure the creation of vibrant and sustainable suburbs.
We congratulate the Department of Education on the speed with which they have opened the first three schools. Three more schools are under construction and will be opened in 2008. We call on all other government departments - be they national, provincial or local - to ensure that they provide the necessary infrastructure that is required in Cosmo City and all other new human settlements. I thank you. [Applause.]
GOVERNMENT’S INTERVENTION IN SCHOOL SPORTS
(Member’s Statement)
Mr T D LEE (DA): Madam Deputy Speaker, the DA is totally against the racialisation of our youth through sports quotas for teams consisting of school going children. This was highlighted by the plight of the Eastern Cape under-12 netball team, where children were left out of the team for being white.
To do this to children leaves a bad taste in my mouth. This legislation is teaching our children how to be discriminatory and racist. The DA has always opposed quotas, because sport is about ability and talent and not colour.
We denigrate sports and sportspeople when we decide to include them in our national teams because of their colour. However, this backwards-thinking policy becomes even more of a disgrace when it is applied to children. We are throwing away the innocence of young sports players who play for the love of sport without the pleasures of earning a living or pleasing the public.
These young minds are being corrupted by a system that is already deeply flawed when applied to adults who understand how the legislation works. It should not be allowed. I thank you.
TONY BLAIR AT G8 SUMMIT
(Member’s Statement)
Mr M B SKOSANA (IFP): Thank you, Madam Deputy Speaker. The IFP joins President Thabo Mbeki and the former President Mr Nelson Mandela in applauding and commending the outgoing British Prime Minister Mr Tony Blair on the outstanding passion he has demonstrated for Africa during his ten years in office as well as being the Chair of the G8 at one stage. It was the Blair Commission for Africa – in which South African President Mbeki’s Finance Minister is one of the Commissioners - which appealed to the rich and industrialised nations of the world, including the G8, saying:
There is a tsunami every month in Africa. But it’s deadly tide of disease and hunger steals silently and secretly moving across the continent. It is not dramatic, and it rarely makes the television news. Its victims die quietly, out of sight, hidden in their pitiful homes. But they perish in the same numbers.
Mr Blair will obviously reiterate his African appeal to the G8 Summit in Germany this week and we need to add to his mission that, in the spirit of regional economic integration and development, emphasis should be placed on the necessary synergy between the recommendations of the Blair Commission for Africa and those of the regional and continental programmes of Nepad.
It is imperative that the G8 consolidates this complementary role and again uses Nepad as the conduit to enable Africa to achieve its millennium goals. South Africa, being among the key proponents of Nepad, can ill afford to cast doubt on a commitment or prevaricate over the African Peer Review Mechanism. Thank you.
XENOPHOBIA AT TAXI RANKS
(Member’s Statement)
Ms C B JOHNSON (ANC): Thank you, Madam Deputy Speaker. When doing our constituency work, MPs often see both the good and the bad things happening in our communities. On a recent visit to a taxi rank in the northern suburbs of the Western Cape, the levels of animosity and xenophobia witnessed towards non-nationals and Somalians in particular was a cause for concern.
Earlier this year this province saw a tax on non-nationals in the area of Masiphumelele near Fish Hoek. The NGOs and academic research institutions told us that the level of xenophobia in the Western Cape and the rest of South Africa is indeed increasing.
Deputy Speaker, we must remember that racism and xenophobia are two sides of the same ugly coin. We have fought so long to create a nonsexist, nonracist society that we should never allow a society to exist where xenophobic attitudes are tolerated.
In this regard, we commend the important work being done by the South African Human Rights Commission in conducting public awareness programmes and outreach initiatives in the area. We are also pleased to see that these interventions will be rolled out to other areas in the Western Cape so that the province can truly be a home for all.
The Constitution and its values of equality, freedom and human dignity was not drafted for South Africans alone and we cannot claim the protection and enforcement of human rights only when it suits us.
This House must affirm its political will to fight xenophobia in all its forms. Thank you.
RESTRUCTURING AT SOUTH AFRICAN AIRWAYS
(Member’s Statement)
Mr G T MADIKIZA (UDM): Thank you, Madam Speaker. The UDM notes with interest the latest announcements regarding restructuring at South African Airways, SAA. Among other things, this will entail the entire fleet of 747 Boeings being grounded and 30% of managers being retrenched. These are dramatic measures that foreshadow the imminent announcement of yet another loss-making year.
This time losses are expected to be in the region of R700 million. The woes of SAA come against a particular background. Already the Minister for Public Enterprises has spent R1,3 billion of taxpayers’ money in the past year to prop up the airline. We can expect that more taxpayers’ money will be requested. For many years now SAA has been a bad investment for taxpayers.
Since the entire sordid Coleman Andrews saga of six years ago, a string of managers, CEOs, directors and Ministers have come and gone. Almost every year has been marked by promises of turnarounds and restructuring, if taxpayers fork out another few rands. Meanwhile, Mr Andrews left with R230 million. The current top management have awarded themselves huge salaries, while huge financial losses continue to be recorded.
NATIONAL CREDIT ACT
(Member’s Statement)
Mr A HARDING (ID): Madam Deputy Speaker, last Friday saw the coming into operation of the National Credit Act, arguably one of the most important pieces of legislation of this term of Parliament. Consumers will now have many additional rights, but the one good thing about the National Credit Act is that consumers will also have far more rights in terms of inputs and insight into their credit records. Bad debt will also be trickier to collect from 1 June 2007.
It is a fact that the poor and the illiterate in this country, in particular, have suffered from the past legislative regime in this area. But communicating these rights will be a particular challenge that this government will face in implementing this Act.
The ID therefore calls on government to vigilantly monitor the implementation of this legislation through the National Credit Regulator, as there are already reports of some sectors of the economy doing business as usual.
On the other hand, people operating in the informal sector of the economy have always complained about access to credit. Again government must make sure that the the National Credit Act is not used as a blunt instrument by financial institutions to further deny access to this sector of the economy and the National Credit Regulator must therefore be empowered to proceed against those institutions who abuse the provisions of the National Credit Act to deny the informal sector access to finance. I thank you.
CLOSING DOWN OF SIYAQOBA EMERGING FARMING PROJECT
(Member’s Statement)
Mr D M DLALI (ANC): Deputy Speaker, it is with great pride that I say that the ANC has been true to the Freedom Charter by ensuring that the land is shared amongst those who work it through government programmes such as black economic empowerment that have seen a number of farmworkers given a chance to own land. However, it is a great concern to learn of the downfall of projects like Siyaqoba Farming Enterprises - a big company that used to own Ertjieskloof Farm near Bothaville. For the past five years, 20 previously disadvantaged people - most of them farmworkers – have owned 55% of the enterprise and were working and living on the farm. Now the farm has been sold to two white commercial farmers, because the farmworkers were not able to maintain it. Because of money owed to the Land Bank and farming operation having ground to a halt, the farm had to be sold. This means a loss of income and accommodation for those farmworkers.
The situation could have been avoided if proper support and skills development had been provided to those who were previously denied the opportunity to farm commercially. Government cannot do that alone. It needs the assistance of and a commitment from the private sector. White commercial farmers, who had gained experience and skill in farming over the years, need to share skills with the emerging farmers through mentoring for the benefit of the sector and the country as a whole. I thank you.
INVESTIGATING FORMER ANC CHIEF WHIP GONIWE
(Member’s Statement)
Ms J A SEMPLE (DA): Madam Deputy Speaker, the DA has listened to the Speaker of the National Assembly, Ms Baleka Mbete, requesting that Parliament appoints an investigating officer or an ad hoc committee to initiate its own investigation to determine whether former ANC Chief Whip Mbulelo Goniwe is guilty or innocent of sexual harassment and, if guilty, to then take the necessary action against him.
It is important to note that one of the recommendations made by the first ANC National Disciplinary Committee after it concluded its disciplinary hearing against Goniwe was that a female office-bearer must be identified to deal with sexual harassment complaints in Parliament.
The DA believes that this should be the responsibility of the Speaker, especially with regard to this case as Nomawele Njongo reported the incident to her initially. A number of senior ANC members have been implicated in sexual scandals recently with the ruling party having taken no action against them. It is high time Parliament uses the mechanisms at its disposal to send a message to all South Africans that the abuse of women will not be tolerated nor will double standards be applied to its members no matter what their rank is or to which party they belong. [Applause.]
The DEPUTY SPEAKER: I just want to refer to the last statement. When you raise issues where there can’t be a response because the Speaker is, unlike the Ministers who respond to statements, not able to respond, we will note that as the Speaker’s response to yourself, and not a statement that we would expect members of the executive to respond to. What you are raising is a purely parliamentary issue of the institution itself and how the institution is run. HOSPITAL HILL UNREST
(Member’s Statement)
Mr S J NJIKELANA (ANC): Deputy Speaker, earlier last month, an unfortunate protest march took place around Lenasia South and in Johannesburg by the residents of Hospital Hill. The core complaint, driven mainly by the youth, was poor or absent municipal services and the absence of development in the area.
Linked to this complaint was a reference to housing development initiatives in adjacent settlements. According to the protesters the situation benefited residents who came from informal settlements. These informal settlements were established far later than Hospital Hill. I can safely attest that the local leadership, which included various councillors and I as well as government officials, made an effort to stabilise the situation such that I can share the following.
In response to the protest, a series of meetings have been held. A number of complaints on service delivery have already received a response. The process culminated in a response from the provincial department of housing and the City of Johannesburg, giving an explanation of the current process.
Despite a few ill-disciplined elements, a substantial majority of the people at a community meeting were satisfied with the response from the authorities. As a way forward, the meeting agreed that both the provincial government and the City of Johannesburg should attempt to expedite progress in the township.
In conclusion, this is a demonstration of a number of very positive attributes of the new South Africa where an unfortunate protest, including differences between the various stakeholders, can be converted into co- operation amongst all. This is far better than it was before. Thank you. [Applause.]
ONGOING PUBLIC SERVANTS’ STRIKE AND ITS IMPLICATIONS
(Member’s Statement)
Mr J H VAN DER MERWE (IFP): Madam Deputy Speaker, the current disruptive strike and deadlock between government and the trade unions has reached the stage where the key victim is now South Africa itself. Our land is bleeding.
The Chairperson of the SA Human Rights Commission has publicly said that the human rights of the people are being violated. The question is: Who is the guilty party? Who is violating human rights? Is it the strikers or the government?
I addressed this very question to Mr Jody Kollapen, Chairperson of the SA Human Rights Commission. I asked him: Who is violating our people’s human rights – strikers or government? Do you know what he said? He said it was both. He said both the strikers and government are violating human rights, and I agree fully with Mr Kollapen.
Both government and the strikers are guilty. They seem not to care at all that South Africa is bleeding. They seem not to have the skills, the responsibilities or the realisation of the dire consequences of their massive failure to reach an agreement.
We therefore today blame both government and the strikers for violating our people’s human rights. We urgently call on the government and the strikers to immediately end the stalemate and stop the rot, to approach the matter constructively and abandon their arrogant stances, and to find a realistic and satisfactory solution.
In the end the entire nation suffers when government and public servants fail. South Africa certainly deserves better.
FOURTIETH ANNIVERSARY OF SIX-DAY WAR
(Member’s Statement)
Mr M P SIBANDE (ANC): Today, 5 June 2007, marks the 40th anniversary of the start of the Six-Day War that saw the state of Israel attacking its neighbours – Syria, Jordan and Egypt. The war caused untold suffering to the people of Palestine, Syria, Jordan and Egypt, whose lands have been occupied by the Israeli armed forces since 1967.
The Israeli government has done this in blatant violation of the United Nations Charter article 2, section 3, which requires that all members settle their international disputes by peaceful means in such a manner that neither international peace, security and justice nor international law and human morality are endangered.
We condemn, in the strongest possible terms, the violation perpetrated by the Israeli occupation forces, which includes extrajudicial killings and the wanton destruction of infrastructure, government installations and Palestinian homes.
The ANC continues to hope that Palestinians will realise their aspirations for the birth of their own independent state within acceptable boundaries, giving them the freedom to determine their destiny. We believe this outcome will also result in the fulfilment of the prayers of the Israelis for their own security and the continued existence of an equally independent state of Israel within secured boundaries and at peace with Palestine and all its other neighbours. We call upon the Israeli government to create conditions for the full implementation of the United Nations resolution pertaining to this matter and all other international agreements, including the Hebron and Oslo Agreements. I thank you. [Applause.]
ERADICATION OF BUCKET SYSTEM IN MPUMALANGA
(Member’s Statement)
Mr S J MASANGO (DA): Deputy Speaker, in September 2006 the Mpumalanga provincial government celebrated being the first province that had successfully eradicated the bucket toilet system in South Africa before the target year of 2007. However, while the bucket system has indeed been eradicated in Mbaleke Extension 18, no substitute for this system has been provided by the ANC provincial government.
This problem was widely reported on in the Mpumalanga media and the community lodged a number of complaints. However, the provincial government continues to insist that the eradication of the bucket system has been completed successfully.
The DA gave notice of a motion in the Mpumalanga Legislature calling for a debate on this issue. When the debate took place, the ANC MPLs made a joke of it, calling the frustrated Govan Mbeki community liars. On 30 May 2007 the Govan Mbeki council passed a resolution that includes the following: Firstly, that notice be taken of the fact that the Department of Local Government and Housing has handed the bucket eradication project over to the municipality with work still unfinished and has withdrawn from the project. Secondly, it calls on the executive mayor to discuss the concerns with the Premier regarding the handing over of the bucket eradication project by the department. This resolution is proof that the eradication of the bucket system has not been completed in Mpumalanga.
The Govan Mbeki community is currently using their own buckets and they then dump the contents of these buckets into a river that runs into the Vaal River and then into the Vaal Dam. If the ANC in the Mpumalanga provincial government is truly committed to restoring the dignity of ordinary citizens and to promoting a clean and healthy environment, it needs to deal with this matter urgently. I thank you.
DEATH OF DENVER SCHREUDER AND BUILDING A UNITED NATION
(Member’s Statement)
Mnr P A GERBER (ANC): Mevrou die Adjunkspeaker, 22 Mei 2007 het vir my plaasarbeiderbuurman Derrick Pieterse, sy vrou Mina en hul drie kinders soos ’n normale, koue wintersoggend op Rooiheuwel, ’n Bolandse wynplaas buite Wellington begin. Derrick het sy oorpak aangetrek en saam met sy mede- plaasarbeiders vir diens aangemeld om 07:30. Mina het die twee seuns afgesien skool toe. Mina is huisbediende by die plaaseienaar, maar is nog met kraamverlof om na die twee maande-oue babadogtertjie om te sien.
Die jongste seun, Denver, stap te voet in ’n noordelike rigting na die Groenberg Primêr Plaasskool, ’n paar kilometer van die huis af. Minute later is hulle lewe vir altyd versteur deur smart, toe hul seun Denver deur ’n voertuig doodgery word. Daar is nie sypaadjies nie. Die ironie van die tragedie is dat plaaskinders, waarvan sommige kaalvoet is, na die Agter- Groenberg Plaasskool in ’n noordelike rigting moet loop, terwyl die witmense hulle kinders in ’n suidelike rigting dorp toe ry na die ou model C-skole.
So ry, beweeg, woon en groei ons na 13 jaar nog steeds by mekaar verby en kry baie mense elke dag nog steeds seer, hetsy fisies of psigies. Ons bly na 13 jaar nog steeds apart van mekaar. Ons gaan na 13 jaar nog steeds apart skool. Ons gaan na 13 jaar nog steeds apart kerk toe. Mag die tragiese dood van die 12-jarige Denver Schreuder ons altyd herinner dat, alhoewel apartheid nie meer op die Wetboek is nie, ons nog baie moet doen om ons samelewing te integreer en saam een nasie te bou.
Die ANC simpatiseer hiermee met die Schreuder-familie en mag hulle krag en genade ontvang om hierdie smart en hartseer te kan verwerk. Ek dank u. (Translation of Afrikaans member’s statement follows.) [Mr P A GERBER (ANC): Madam Deputy Speaker, for my farmworker neighbour Derrick Pieterse, his wife Mina and their three children, 22 May 2007 started as a normal, cold winter’s morning on Rooiheuwel - a wine farm in the Boland outside Wellington. Derrick donned his overall and along with his fellow farmworkers reported for duty at 07:30. Mina saw their two sons off to school. Mina is the farm owner’s housekeeper but she is still on maternity leave in order to care for their two-month old baby girl.
Denver, their youngest son, walked in a northerly direction to the Groenberg Primary Farm School which is situated a few kilometres from their home. Minutes later their lives were forever torn apart by grief when Denver was knocked over and killed by a vehicle. There are no pavements. The irony of this tragedy is that farm children, some of whom are barefoot, have to walk in a northerly direction to the Agter-Groenberg Farm School, while white people drive their children in a southerly direction to the old model-C schools in town.
In this way, after 13 years, we still drive, move, live and grow past each other and many people still get hurt daily, whether it is physically or psychologically. After 13 years, we still live separately from each other. After 13 years, we still attend school separately. After 13 years, we still attend church separately. May the tragic death of 12-year-old Denver Schreuder always remind us that, even though apartheid is no longer on the Statute Book, we still have to do a great deal to integrate our society and work together to build one nation.
The ANC hereby conveys its condolences to the Schreuder family and trusts that they receive the strength and mercy to deal with this grief and sorrow. I thank you.]
Mr E J LUCAS (IFP): Madam Deputy Speaker, mining is a very dangerous occupation and the many workers who are employed …
Mr M J ELLIS: Madam Deputy Speaker …
The DEPUTY SPEAKER: I am actually advised that we can only give slots to the DA and the ANC. I really apologise, because the IFP is the party that was ready to use the slot. We now come to Ministerial responses.
Mr M J ELLIS: Madam Deputy Speaker, there has been total confusion. We have a statement ready and we want to present it.
LATEST ECONOMIC FIGURES
(Member’s Statement)
Mr K J MINNIE (DA): Thank you, Madam Deputy Speaker. The DA has noted with concern the latest economic figures that show that the inflation rate has now broken through the 6% barrier and, at the same time, we have also noted with even more concern that the growth of the gross national product GNP, has also plummeted.
It is clear that the Reserve Bank’s monetary policy has now taken effect on the growth rates that we have in the country and this bodes very ill for the future of job creation and the upliftment and alleviation of poverty. That is the only blunt instrument that the Governor of the Reserve Bank has at his disposal for the jacking up or down of the interest rate. It is not necessarily a one size fits all solution for all occasions.
We urge the government to inspect closely what the real causes of inflation are in the country. Only then can we take more appropriate actions. We also urge the Governor of the Reserve Bank, at his quarterly meeting next week, to take into account the social cost of the monetary policy, should he decide to take action by increasing interest rates. Each and every such move has great social costs, and what he has to do is balance the social cost of a slightly higher inflation rate with the heavy social cost of putting a greater damper on the growth rate of our country which, with respect, we cannot afford. Thank you, Deputy Speaker. [Time expired.] Mrs S A SEATON: On a point of order …
The DEPUTY SPEAKER: Mrs Seaton, I haven’t recognised you and I don’t know why you are standing. Mrs S A SEATON: Deputy Speaker, I just want to know why the IFP was not permitted to speak. As far as I am concerned, we are entitled to.
The DEPUTY SPEAKER: I am going to address that matter. I have now been advised that I was actually right to allow the IFP to make a statement. I knew that if the ANC and the DA did not have statements then the IFP was the next to do so. You are now recognised, Mr Lucas.
SAFETY OF MINEWORKERS
(Member’s Statement)
Mr E J LUCAS (IFP): Madam Deputy Speaker, mining is a very dangerous occupation.
The DEPUTY SPEAKER: You must speak louder. I fought hard for you to have the opportunity to speak. [Laughter.]
Mr E J LUCAS (IFP): Mining is a very dangerous occupation and the many workers who are employed in the sector risk their lives every time they go underground to do their jobs. I was very saddened to hear that three miners were killed at Rustenburg Platinum Mine yesterday morning after being swamped in an underground mudslide that was allegedly caused by water that flowed down the shaft. According to the National Union of Mineworkers’ safety secretary, the incident could have been prevented. It is with this in mind that we agree with NUM’s call for an urgent investigation to be conducted into this incident. We also call upon the relevant authorities to determine if the mine did comply with all the safety procedures and aspects, and whether the incident could actually have been avoided.
It is unfortunate that there have been so many fatalities in the mining sector over the years, as the safety of miners has to be a priority and must be considered in everything that the mines do. There should be no shortcuts or compromises when it comes to safety.
We would like to extend our sincerest condolences to the families of the deceased. I thank you.
DEATH OF DENVER SCHREUDER AND BUILDING A UNITEDNATION
ONGOING PUBLIC SERVANT’S STRIKE AND ITS IMPLICATIONS
INVESTIGATING FORMER CHIEF WHIP GONIWE
(Minister’s Response)
The MINISTER OF DEFENCE: Madam Speaker, the first issue I would like to respond to relates to the question of the racialisation of our country. I think it is important that all of us, as members of the House and the nation, keep in mind that we adopted a Constitution that makes it a top priority of government and of society as a whole to place South Africa on a nonracial path.
Secondly, in order to achieve that government adopted a policy to seek to address the disparities that were created under apartheid. One such mechanism was the policy of empowerment.
There is always a wide and tragic gap between the ideal and reality. It’s one thing to conceive of a scheme or a plan to correct the problems we confront. The challenge of implementation confronts us, from time to time, with mistakes happening here and there.
Leaders of our nation must avoid the temptation or opportunism of taking advantage of what may well be mistakes in an attempt to implement policy and create the impression that government is intent on a policy to divide the country along racial lines. That can be a very dangerous exercise. We shouldn’t create the impression in the minds of ordinary people that an evil scheme is afoot.
My understanding is that all of us, from the ruling and opposing parties, are at one about this issue, that we have a responsibility to future generations to correct the mistakes we made yesterday. Let’s work at correcting them.
No deliberate mistakes and distortions of policy should be allowed to come from us. We must correct those who made those mistakes. Therefore, if there may have been an unfortunate mistake in the process of setting up teams and so on, we must not take advantage of that mistake and try to convince people that government has evil intentions.
With regard to the issue of the current labour strike, it is important that I should agree with the hon members who raised this point that whilst our Constitution enshrines the right of workers to demonstrate their dissatisfaction, nowhere in the Constitution or in the policy of government is there permission for people to violate the rights of others in the process of demonstrating their dissatisfaction.
We have constantly reminded people in this country that rights go with obligations. While you are entitled to go on strike, you are not entitled to property and take the lives of others, as we saw in the recent strike by security guards for instance.
At the present moment government has revised its pay offer to the unions for the second time. The unions have not moved from their original demand of a 12% increase. We are concerned about that. We are allowing space for discussions to take place on this issue, because we respect the rights of workers to complain if they are not happy. We do not agree with some of the actions that are taking place, such as preventing people from going into hospital or the staff on duty from treating patients. That is something we will act against and are acting against without compromise. We are committed to protecting the rights of South Africans.
We must say something on the issue that has been raised relating to the abuse of women. Once again I wish to remind the House that the policy of this government on the rights of women is not under debate. As the ruling party we have made this clear from the day we were allowed to run for election. We remain firm on this and hon members will remember that there was really a quick reaction when complaints arose about our former Chief Whip. He’s not here now because the ANC acted on this matter.
There is, of course, a different process outside of this House, because that member is no longer here. There is a process that is happening within the ANC which has nothing to do with Parliament.
We are addressing that matter not because we condone the abuse of women. All of us in the ANC, as in other parties, have mothers and part of our commitment to respecting women’s rights stems from our intention to place firmly on the agenda of our nation the fact that children have to learn to respect their mothers and fathers equally. We cannot, therefore, allow for any gender to be abused in this country.
The process that is taking place is merely to make sure that within the ANC processes, we act fairly, as is allowed or demanded by our constitution. I thank you, Madam Deputy Speaker.
GOVERNMENT’S INTERVENTION IN SCHOOL SPORT
(Minister’s Response)
The MINISTER OF SPORT AND RECREATION: Madam Deputy Speaker, I want to congratulate Mr Lee on the intervention he has just made to make sure that South African children are not poisoned with racist separation tendencies. We are very pleased that he has changed his stance – from the time when he opposed an amending Bill that we had tabled before this House on the basis that government should not intervene and that politicians should get out of sport.
We also want to mention that the matter being cited, involving netball in the Eastern Cape, is hardly different from another serious incident involving one school from Nelspruit and another from White River, where a purely white Nelspruit school refused to play against an integrated White River school only because it had five black boys in its team.
We are intervening in these things, and I believe that this is in the interest of not only one party but of all the citizens of this country. Of course people who don’t understand will always make noises for the sake of appearing on television. However the reality of life is different from the emotions that are sometimes expressed here. [Applause.]
CLOSING DOWN OF SIYA QOBA, EMERGING FARMING PROJECT
(Minister’s Response)
The DEPUTY MINISTER FOR AGRICULTURE AND LAND AFFAIRS: Madam Deputy Speaker, I’d just like to react quickly to what hon Dlali has presented here regarding a farm in Porterville and to thank him for bringing it to our attention. We already know about it.
There are many problems which in most cases can be diverse, that give rise to the failure of some farming operations, especially where emerging farmers are concerned. But, could I just say that at this moment the matter of support is being addressed far more systematically. We have some research money from Belgium and Canada which is directed at provinces.
A very good system is being developed. Hon Dlali is completely right, a farm doesn’t fail in one day. You can see it coming for some time that the farm enterprise is going to fail. The red lights start flashing. The interesting point is that the people who really see it first are the neighbours and other farmers in the vicinity. They will be able to tell you that things are not going well on that farm.
The important point to consider is that as the red lights start flashing, support must roll in immediately and it must be provided efficiently. Most of these farms can be saved, unlike before, when the Land Bank would just cancel the bond. A lot of those farms can be saved by just moving support systems in, giving advice and sometimes by looking at the undercapitalised position of the farm.
I think that at the moment the Land Bank is not cancelling any loans before their support systems have been sent in to see if the project can be kept going, for some time at least. Thank you very much.
COSMO CITY
HOSPITAL HILL UNREST
(Minister’s Responses)
The MINISTER OF HOUSING: Deputy Speaker, the hon member Greg Schneemann has congratulated the Department of Education on establishing several schools in a place called Cosmo City which is one of our pilot schemes on human settlements, to ensure that we create a situation where the community has access to social amenities and that these opportunities are opened up to all and that we can incubate a new South Africa that is free from the shackles of the racial disparities of the past.
We are very proud of the human settlement in Cosmo City. It shows that our approach was right and that our policies are grounded and respond solidly to our challenges.
Deputy Speaker, a few weeks ago I was informed that the City of Cape Town had made a request to the developers in Cosmo City to be allowed to visit there. We need to encourage them to do this because in this way they can understand that our politics and policies are responding to the problems as we face them. We need to encourage them to go and see that in fact our policies are lived out on a daily basis and that this attests to their correctness and their efficacy.
I want to take this opportunity to congratulate the DA on taking this step and say to them there are many more pilot schemes that are working, if they could just open their eyes and see that our politics and policies are grounded in reality.
Secondly, I want to congratulate the hon Sisa Njikelana on the role he played in dealing with the unrest in Hospital Hill in the Johannesburg area. However, beyond the management of problems of this nature, which he attests to, we, in housing, have gone a step further to ensure that problems of this nature do not occur. Here the problem is rooted in the community’s perception that our waiting lists are being manipulated for the particular purpose of disadvantaging some while giving advantage to others. After successful pilot projects here in the City of Cape Town, piloted by the national department, we have decided to take an approach where our potential beneficiaries will participate in the compilation of a national waiting list. This will be an open and transparent process giving credibility to the process and ensuring that there is integrity in our waiting list.
This should give comfort not only to the people of Hospital Hill but to all our communities, that these lists will no longer be open to manipulation. They will no longer be used for corrupt purposes, nor will they be used to disadvantage anyone.
We would like to urge all members here to take note of this, because we would like them to assist their communities to check up on the waiting lists that we will be compiling.
We hope that the Ministry and Department of Home Affairs will allow us to cross-check this against the database they have of South Africans and to ensure that all those who are entitled to a house will get one and not be disadvantaged in any way. I thank you. [Applause.]
The DEPUTY SPEAKER: Hon members, I would like us to go back to the motion that was moved on Mrs Fathia Nkrumah by Dr Pheko, because I would like the House to deal with it this afternoon. I am told that there has been sufficient consultation.
CONDOLENCES ON THE PASSING AWAY OF MRS FATHIA NKRUMAH
(Draft Resolution)
Dr S E M PHEKO: Madam Deputy Speaker, I move without notice:
That the House –
(1) notes that –
(a) Mrs Fathia Nkrumah, the First Lady of Ghana at independence on 6
March 1957, died on 1 June 2007;
(b) she was a pillar of support for President Kwame Nkrumah, the
visionary Pan-Africanist who, within a short space of time,
established 68 sprawling state-owned factories to meet the
every need of the Ghanaian people and introduced free
education and medical services, which gave Ghana the pride of
a liberated African country;
(c) Mrs Fathia Nkrumah suffered the pain of setbacks in Ghana’s
independence when, among other things, she and her two
children, Gamal and Sonia, had guns pointed at them by
imperialist-inspired coup soldiers in February 1966; and
(d) she further suffered the pain of bringing up Nkrumah’s children
almost single-handedly after her husband died in 1972; and
(2) salutes her for the courage and determination she demonstrated in the liberation of Africa, and for having been a good example of womanhood and leadership, and a fountain of inspiration for all women of Africa and the world.
Motion agreed to.
CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES AND ITS OPTIONAL PROTOCOL
(Consideration of request for approval by Parliament iro section 231(2) of the Constitution)
Mrs W S NEWHOUDT-DRUCHEN: Madam Deputy Speaker, I would like to welcome the visitors from the disability sector up in the gallery today. [Applause.]
The Convention on the Rights of Persons with Disabilities marks the combination of nearly two decades of work, preparing an international instrument to protect and promote the rights of persons with disabilities and a major shift in the way the world treats its 650 million disabled persons.
The convention and the optional protocol to the convention were adopted with acclamation in terms of Resolution 61(106) during the 61st session of the UN General Assembly on 13 December 2006 at UN headquarters in New York. The convention and the optional protocol to the convention were signed by Minister E G Pahad on behalf of South Africa together with 81 other member states at the UN headquarters again on 30 March 2007.
The Convention on the Rights of Persons with Disabilities reaffirms the universal commitment to the rights and dignity of all persons without discrimination. Under the convention, state parties would guarantee that persons with disabilities enjoy all human rights on an equal basis with others, including the inherent right to life, equal rights, advancement of women and girls with disabilities, and protection for children with disabilities.
State parties would ensure equal rights to own and inherit property; access to justice on an equal basis with others; the right to liberty and security; freedom from torture, cruelty, inhumane or degrading treatment or punishment; prohibit medical or scientific experiments without the consent of the person concerned; promote the physical and psychological recovery, rehabilitation and reintegration of the victim and investigate abuse.
The convention makes provision for persons with disabilities not to be subjected to arbitrary or illegal interference with their privacy, family, home, correspondence, or communication. It ensures the fundamental issues of accessibility, the promotion of the right to an adequate standard of living and social protection, including public housing, services and assistance for disability-related needs and assistance with disability- related expenses in case of poverty.
Discrimination related to marriage, family and personal relations should be eliminated. Government would ensure equal access to education, vocational training and that people with disabilities have the right to the highest attainable standard of health without discrimination on the basis of disability.
The convention makes provision for the committee to monitor the implementation of the convention in line with the provisions of other human rights treaties. The optional protocol to the convention provides for an individual complaint mechanism, in which a state party to the present protocol recognises the competence of the committee on the rights of persons with disabilities to receive and consider communications from all on behalf of individuals or groups of individuals subject to its jurisdiction who claim to be victims of violation by a state party to the provisions of the convention.
The signing of both the convention and the optional protocol will ensure that its implementation and the monitoring thereof by the committee are enhanced. The committee will consider communication if it concerns a state party to the convention and to the present protocol, and only after all available domestic remedies have been exhausted.
Originally, South Africa wanted the protocol to be part of the convention. Although the two treaties were separated, they were both aimed at advancing the rights of persons with disabilities in a mutually reinforcing manner. South Africa is of the view that the convention’s provisions cannot be achieved in isolation of the optional protocol. South Africa is in favour of signing the convention and its optional protocol. The country was involved from the start in the drafting and negotiation process for this convention.
South Africa considers this convention important because of its commitment to ensuring that the promotion and protection of human rights are a reality for all as encapsulated in our Constitution which supports the democratic values of human dignity, equality and freedom.
Our joint monitoring committee notes the concerns in article 24 regarding access to free education for children with disabilities and the possible financial implications. However, the committee does not want a declaration or a reservation regarding this as we accept the convention and the optional protocol as is. Our committee calls on the House and all political parties to assist Parliament by approving the convention and the optional protocol.
I would also like to thank the office on the status of disabled people for all the hard work in preparing for this convention and making it possible.
Deputy Speaker, I therefore want to recommend that this House please ratify the convention and its optional protocol. I thank you. [Applause.]
There was no debate.
Convention on the Rights of Persons with Disabilities and its Optional Protocol approved.
The House adjourned at 15:06.