National Assembly - 06 November 2007
TUESDAY, 6 NOVEMBER 2007 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 14:06.
The Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
NOTICES OF MOTION
Mnr W D SPIES: Agbare Speaker, namens die VF Plus gee ek hiermee kennis dat ek op die volgende sittings dag van die Raad sal voorstel:
Dat -
(1) aangesien die Parlementêre Portefeuljekomitee vir Arbeid verlede jaar, na uitgebreide openbare verhore oor jeugwerkloosheid en armoede, aanbeveel het dat ondersoek ingestel moet word na die insluiting van alle jong Suid-Afrikaners by die voordele van regstellende aksie; (2) en aangesien duisende Suid-Afrikaners vroeër vandag die Parlement gepetisioneer het met ’n voorstel dat alle vry gebore Suid-Afrikaners ingesluit moet word by die definisie van “aangewese groep”, soos bedoel in die Wet op Billike Indiensneming;
(3) en aangesien die VF Plus voorts vandeesweek ’n wysigingswetsontwerp op billike indiensneming as ’n privaatlede wetsontwerp indien;
4) ons die Huis versoek om indringend debat te voer oor maniere waarop
die vrystelling van jongmense van die beperkinge van regstellende
aksie werklikheid gemaak kan word ten einde te verseker dat Suid-
Afrika werklik gelyke geleenthede aan al sy mense gee. Dankie. (Translation of Afrikaans notice of motion follows.)
[Mr W D SPIES: Speaker, on behalf of the FF Plus I hereby give notice that I shall move on the next sitting day of the House:
That –
(1) since the Portfolio Committee on Labour last year, after extensive public hearings on the unemployment rate of the youth and poverty, recommended that investigations be made into the inclusion of all young South Africans in the benefits of affirmative action; and
(2) since thousands of South Africans earlier today petitioned Parliament with a proposal that all South Africans who were born free must be included in the definition of “designated group”, as set out in the Employment Equity Act; and
(3) since the FF Plus will this week be submitting an Amending Bill on employment equity as a private member’s Amendment Bill;
(4) we request that the House incisively debate ways in which exempting young people from the restrictions of affirmative action can be made a reality in an effort to ensure that South Africa presents equal opportunities to all its people. Thank you.]
CONGRATULATIONS TO JOHANNESBURG GIRLS’ PREPARATORY SCHOOL ON CELEBRATING ITS 120TH ANNIVERSARY
(Draft Resolution)
Mr M J ELLIS: Madam Speaker, I move without notice:
That the House -
(1) notes that Johannesburg Girls’ Preparatory School in Berea celebrated its 120th birthday on Friday, 2 November 2007;
(2) recognises that this makes it the oldest school in Johannesburg;
(3) acknowledges the fundamental role this school has played in the city’s history since its birth in 1887 when it opened with just one pupil;
(4) further recognises that the school was one of the first to
embrace the spirit of democracy opening to children of all races in
the 1980’s; and
(5) congratulates the principal, Mrs Sandra Levitas, the teachers
and the 1200 pupils at the school for reaching this important
milestone and wishes the school well in all its future endeavours.
Agreed to.
CONDOLENCES ON PASSING AWAY OF MR H CELE
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:
That the House -
(1) notes the untimely passing away of the actor Henry “Black Cat” Cele on 2 November 2007;
(2) recalls that Henry Cele contributed greatly to the film industry and starred in films such as Shaka Zulu in the 1980’s, the The Last Samurai in 1990 and Point of Impact in 1993;
(3) further recalls that as a soccer goalkeeper Cele played for several premier league teams and earned the nickname “Black Cat” because of his goalkeeping feats; and
(4) conveys its sincere condolences to the Cele family and the film industry.
Agreed to.
CONGRATULATIONS TO MUTUAL AND FEDERAL SOUTH AFRICAN CRICKET PLAYERS OF THE YEAR
(Draft Resolution) The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:
That the House -
(1) notes that the Proteas cricket players Charl Langeveldt, Paul Harris, Goolam Bodi, Justin Kemp and Morné van Wyk have been named the Mutual and Federal South African cricket players of the year; and
(2) congratulates the five players and wishes them everything of the best for the future.
Agreed to.
RULE REGARDING SECOND READING DEBATE ON ELECTRONIC COMMUNICATIONS AMENDMENT BILL
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move the motion as printed in my name on the order paper:
That Rule 253(1), which provides inter alia that the debate on the Second Reading of a Bill may not commence before at least three working days have elapsed since the committee’s report was tabled, be suspended for the purposes of conducting the Second Reading debate on the Electronic Communications Amendments Bill [B 28 – 2007] (National Assembly – sec 75) tomorrow.
Agreed to.
SEIZURE OF DRUGS AT O R TAMBO AIRPORT
(Member’s Statement)
Mr M K KHAUOE (ANC): Madam Speaker, in their continued effort to fight crime, the Police Intelligence Unit, the Cargo Anti-smuggling Unit and the Organised Crime Unit seized drugs worth R50 million at the OR Tambo International Airport recently, thus bringing the total of such seizures to four in just three weeks.
Many families, young lives and prospects that would have been ruined by these drugs have been saved. This success cannot be represented in figures. It is simply incalculable and immeasurable.
It is in this context that we as the ANC give all the praise to the police in their efforts to fight crime through use of the latest technology and improved intelligence methods. These methods provide a conducive environment in the South African Police Service’s endeavours, thus ensuring better results in solving crime. A continuous deployment of resources to fight crime is essential and equally important, and is a community spirit and solidarity required to solve every crime, no matter how big or small.
All our people deserve to live in freedom, harmony, safety and security. The ANC salutes our police service for every effort in making South Africa a place to be proud of and one in which democracy guarantees everyone freedom, security and dignity. [Applause.]
PETITION FROM SOLIDARITY AND AFFIRMATIVE ACTION
(Member’s Statement)
Ms A M DREYER (DA): Mev die Speaker vandag het die vakbond Solidariteit ’n versoekskrif aan u hier in die Parlement oorhandig. Dit is onderteken deur duisende besorgde burgers. Hulle versoek dat die Wet op Billike Indiensneming gewysig word om jongmense wat sedert 1994 op skool was vry te stel van die vereistes van regstellende optrede.
Die DA steun hierdie versoek en sal sy standpunt op ’n mediakonferensie Donderdag verder uitspel waar ons dan ook ’n private ledewetsontwerp sal indien tot hierdie effek. Die Wet op Billike Indiensneming, wat waarskynlik met edel voornemens aangeneem is, het, soos dikwels gebeur, onbedoelde negatiewe gevolge. Al beoefen hulle onmisbare ambagte en het selfs meestersgrade, woon duisende jongmense wat nie aan die aangewese groep behoort nie reeds in Perth, Londen en Ottawa omdat hierdie wet hulle loopbane inperk. Omdat Suid-Afrika ’n massiewe tekort het aan messelaars, swysers, ingenieurs en rekenmeesters kan ons kwalik hierdie emmigrasie bekostig. As die NV die wet wysig en jongmense van regstellende optrede vrystel sal ons vir hulle sê: “Julle is almal welkom in Suid-Afrika, julle het almal ’n gelyke kans om julle talente uit te leef en julle drome te verwesenlik.” [Applous.] (Translation of Afrikaans member’s statement follows.)
[Ms A M DREYER (DA): Madam Speaker, today the union Solidarity handed a petition to you here in Parliament. It is signed by thousands of concerned citizens. They request that the Employment Equity Act be amended to exempt all young people who had been at school since 1994 of the demands of affirmative action.
The DA supports this request and will further clarify its position at a media conference on Thursday, where we will also submit a private member’s bill to this end. The Employment Equity Act, which was probably accepted with honourable intentions, has had, as so frequently happens, unforeseen consequences. Even if they practise indispensable professions and have master’s degrees, thousands of young people who do not belong to the designated group already live in Perth, London and Ottawa because this Act limits their careers.
A massive shortage of bricklayers, welders, engineers and accountants, South Africa can hardly afford this emigration. If the National Assembly amends the Act and young people are exempt from affirmative action we will say to them, “You are all welcome in South Africa, all of you have an equal chance to live out your talents and realise your dreams.” [Applause.]
JOB INSECURITY
(Member’s Statement)
Prof E S CHANG (IFP): Speaker, the IFP expresses its deep concern with the three- to five-year service contracts of the heads of the Department of Trade and Industry and its agencies. The worst of it is that most of them are unable to renegotiate their contracts until the last three months, creating job insecurity.
The renewal of contracts should be discussed 18 months prior to their expiry and be concluded within six months. This is vital to retain the team of top departmental heads thus preventing a skills exodus and crisis. A three-year contract to the heads of departments is not acceptable. There should be at least five-year terms.
The Director-General of the Department of Trade Industry has a three-year contract, which is creating difficulty not only for himself, but also for the Ministry and the department. It is crucial that the institutional memory and technology of such essential vigour is not lost prematurely. As new members of Parliament, including myself, it took us more that three years to become sufficiently familiar with our jobs. The IFP calls for this matter to be seriously considered. Thank you.
WATER RESOURCES POLICY
(Member’s Statement)
Ms N SIBHIDLA (ANC): Madam Speaker, the fundamental principle of our water resources policy is the right to access clean water and water security for all. Our policy recognises the economic value of water and the environment, and advocates an economically, environmentally and politically sustainable approach to the management of water resources and the collection, treatment and disposal of water.
More than 200 water scientists as well as policy and legal experts from more than 25 countries are attending the Hydrology for Environment, Life and Policy Southern Symposium. The symposium, as hosted by the Department of Water Affairs and Forestry, started on Sunday and will continue until Friday, 9 November 2007. The southern symposium aims to find ways to bridge the gap between science and policy to assist in solving water-related problems at local, national and international levels.
Amongst issues to be discussed in the symposium are the following: connecting environmental, economic, social and cultural impacts and ways to measure these [impacts] through science and policy; the role of science in promoting good governance; conflict prevention and compliance in shared water through legislative and intuitional processes. The ANC welcomes the delegates and wishes them well in their deliberations. I thank you. [Applause.]
SECURITY MEASURES AT CHRIS HANI BARAGWANATH HOSPITAL
(Member’s Statement)
Rev K R J MESHOE (ACDP): Madam Speaker, it was with absolute shock that the ACDP heard about the gunman who entered the Chris Hani Baragwanath Hospital during visiting hours and fatally shot a male patient. This incident happened just a few months after a medical student was raped on the same hospital grounds.
Following the rape incident, members of the public were assured that security at the hospital would be improved. How can a man enter the biggest hospital in the southern hemisphere where hundreds of people are visiting their loved ones, walk into a ward and shoot a patient at close range and then walk out without being stopped or arrested?
What happened to the promise about improved security at our hospitals? If our people cannot be assured of their safety in hospitals, where in South Africa can they feel safe? There is violent crime in our schools, homes, streets, public transport, and now hospitals.
Members of the public want to know whether there is any place in this country where they can hide from ruthless criminals. How can government assure foreign visitors and tourists of safety when patients, nurses on duty, ordinary South Africans and even police themselves are not safe in this country?
In a recent report, the South African Institute of Race Relations (SAIRR) said that between 1995 and 2005, a staggering 1 894 police officers were murdered. This indicates an increase of 64% from the previous 10-year period. The ACDP agrees with the researcher of this institute who said that criminals were showing more disdain for the security forces of the present government than they did for the previous one. Thank you.
PRIVATE POLITICAL FUNDING
(Member’s Statement)
Mrs P DE LILLE (ID): Madam Speaker, the allegations that the ANC received money from the arms deal suppliers have been mere speculation until today. I can now confirm that on 29 January 1999 each of the following organisations received R500 000 from ThyssenKrupp: the ANC, the Nelson Mandela Children’s Fund and the Community Development Foundation. This money was paid into an account in Switzerland at Credit Suisse’s First Boston Bank.
This again illustrates the importance of having an active Parliament that will regulate private political funding. This will be in line with President Thabo Mbeki’s response to a question I asked on 12 March 2007, when he said:
Because the matter of private funding affects all political parties, Parliament is the appropriate forum for political parties to discuss this matter. The executive would most certainly respect any recommendation that might come from Parliament with regard to this issue; so that we can have a collective view of all political parties represented in Parliament.
I urge all political parties to support the motion by ID chief whip Lance Greyling to establish a multiparty committee to deal with this issue once and for all. Thank you. [Applause.]
HOUSING PROVIDED BY THE ANC
(Member’s Statement)
Mrs Z A KOTA (ANC): Madam Speaker, the ANC commends the ANC-led government on its diligent and unstinting efforts in providing shelter to our people, particularly on the initiative to improve the lives of rural communities through remedial work in Flagstaff in the Eastern Cape, which is underway as I speak.
The Portfolio Committee on Housing, in terms of its mandate, became part of this initiative and joined the building of houses in Flagstaff at Thabo Mbeki Village. This remedial work is the culmination of concerns raised by beneficiaries during the People’s Parliament in September 2007. These are houses whose roofs were blown away during a flood disaster as a result of shoddy work of a building contractor. We thank the Minister of Housing for this speedy response as a result of her energetic and caring participation in this initiative. She has even given an undertaking to the affected community that, despite time and material constraints, these houses must be finished by December - ideally before Christmas. This is the spirit through which the ANC-led government gives concrete meaning to the reconstruction and development programme.
Moreover, it demonstrates commitment to the principles of people-centred development as articulated in our January 8 Statement of 2007. These efforts demonstrate that as the ANC, we are determined to restore our people’s dignity through concerted action. Our involvement as public representatives further demonstrates that we have to become an active part, as combatants, if we want to advance the values espoused in the people’s contract. Thank you. [Applause.] PETITION BY SOLIDARITY
(Member’s Statement)
Mnr S SIMMONS (NA): Agb Speaker, die NA verklaar hiermee graag sy steun aan die wetswysigingsinitiatief van die vakbond Solidaritiet, asook die voorstelle in dié verband van die agb Spies en Dreyer. Ek het reeds in die verlede op die noodsaaklikheid van ‘n wysiging van die Wet op Billike Indiensneming gewys en glo dat alle moontlikhede in dié verband ondersoek en oorweeg moet word. Ons verwelkom dus Solidariteit se poging.
Die NA is egter van mening dat die tekortkomings van die betrokke wet heelwat wyer is as wat die voorgestelde wysiging aanspreek. Gevolglik beywer die NA hom vir die wysiging van die betrokke wet met spesifieke verwysing na ‘n verbod op onderskeid tussen katogorieë van aangewese groepe; die insluiting van ‘n tydsraamwerk vir die afhandeling van regstellende aksie, of te wel ‘n “sunset clause,” en die insluiting van die jeug as ‘n vierde aangewese groep.
Hierdie stappe moet ongetwyfeld gesien word as deel van ‘n bree veldtog om te verseker dat Suid-Afrika nie weer verval in ‘n situasie waar rassevoorkeure aan die orde van die dag is nie. Ek dank u. (Translation of Afrikaans member’s statement follows.)
[Mr S SIMMONS (NA): Hon Speaker, the NA hereby declares its support to the Bill amendment initiative of the trade union Solidarity as well as the proposals of hon Spies and Dreyer on this matter. I have already in the past focused on the importance of an amendment of the Equity Employment Act and I believe that all possibilities in this regard should be considered. We, therefore, welcome Solidarity’s effort.
The NA is, however, of the opinion that the shortfall of this particular Bill is much more profound than what this proposed amendment addresses. Therefore, the NA supports an amendment of the particular Bill with specific reference to the differentiation between categories of designated groups, the inclusion of a timeframe for the completion of affirmative action or a sunset clause and the inclusion of the youth as a fourth designated group.
These steps must undoubtedly be seen as part of a broader mission to ensure that South Africa does not regress in a situation where race preferences become the norm. I thank you.]
REACTION OF ANC ON CONTROVERSIAL LEADERS
(Member’s Statement)
Ms D KOHLER-BARNARD (DA): Madam Speaker, there is a strange and dangerous trend emerging at municipal, provincial and national levels, and the Democratic Alliance considers this to be extremely threatening to our democracy.
At municipal level, we are watching as Ekurhuleni police chief, Robert McBride, remains on fully paid leave month after month while, in an inexplicable precedent-setting move, taxpayers foot his legal bills and the ANC Mayor Duma Nkosi protects him every step of the way.
At provincial level, we watch as ANC Premier Rasool protects, rather than investigates, that art showman, the notorious Badih Chaaban who positively danced his way into Council as ANC councillors sunk into previously unplumbed depths bellowing their approval of his vaudeville act and aligning themselves with all that he represents.
At national level, we watch the bizarre lines between the President and the Police Commissioner who in any other democracy in the world would have been suspended pending a full forensic investigation well over a year ago when his close personal friendship to murder-accused Glenn Agliotti was revealed.
The question is does the ANC now despise democracy to the extent that any and all actions taken by the official opposition are inevitably to be demonised in Parliament, in provinces and in councils? If so, when does this current governing party intend to put its collective cards on the table - call a spade a spade and accept that it would do anything and everything to protect the Badih Chaabans of this country over people to whom integrity matters above all else. [Applause.]
GOVERNMENT AND CIVIL SOCIETY SHOULD FIGHT CORRUPTION TOGETHER
(Member’s Statement)
Nksz N M MDAKA (ANC): Mhlalingaphambili, urhulumente osezintanjeni okhokelwa yi-ANC uzimisele ukubuncothula neengcambu ubuqhophololo norhwaphilizo. Impumelelo yakamva nje ingqina inzondelelo karhulumente ekulweni lo mkhuba ozimisele ukugcina abantu bakuthi bephantsi kwenxele likakhethsekile ngokuthatha imali yabo yendodla ngomgunyathi.
Sithetha nje abasebenzi bakwarhulumente abangama-21 000 bafunyaniswe besamkela imali yendodla ngoburhalarhume. Ngoko ke urhulumente uye wakuvala ukuhlawulwa kwaloo mali ngoko nangoko. Inkoliso yaba basebenzi bajongene nengalo yomthetho.
Le mpumelelo isindise imali karhulumente ekumyinge weebhiliyoni ezisibhozo zeerandi, mali leyo urhulumente aya kukwazi ukuyisebenzisa ukuze azise iinkonzo eluntwini.
Thina, singamalungu ombutho wesizwe i-ANC, sihlaba ikhwelo kubo bonke abantu beli lizwe ukuba sibambisane ekwakheni ilizwe lethu ngokutsha, kananjalo silwe nobu buqhophololo benziwa ngoofunzeweni abafuna ukudungadunga uxolo nozinzo kwilizwe loobawomkhulu. Ndiyabulela. [Kwaqhwatywa.] (Translation of isiXhosa member’s statement follows.)
[Ms N M MDAKA (ANC): Mr Chairperson, this ANC-led government is committed to eradicate fraud and corruption. The recent success demonstrates the government’s determination to fight this evil practice, which is bent on leaving our people in abject poverty by defrauding them of their pensions.
As we speak, 21 000 public servants were found to be fraudulently receiving government grants. Therefore, the government has stopped the payment of those grants with immediate effect. Most of these public servants are now facing the long arm of the law.
This success has saved the government approximately R8 billion, which will be used for service delivery.
As members of the ANC, we urge all our people to co-operate with us in rebuilding our country, and in our fight against corruption committed by the criminals who want to destabilise the law and order that prevails in the land of our forefathers. Thank you. [Applause.]]
INCIDENT AT CAPE TOWN INTERNATIONAL AIRPORT
(Member’s Statement)
Mr H J BEKKER (IFP): Madam Speaker, I want to draw this House’s attention to an incident at Cape Town International Airport on Friday, 2 November 2007, when an SAA Airbus left the runway after landing and got stuck in sand next to the runway.
The inability of the airport authorities to remove the aircraft speedily meant flights into Cape Town were rerouted and delayed by up to five hours, causing discomfort and distress to large numbers of travellers. Accidents do happen from time to time, but the IFP wants to focus on what appears to be a lack of preparedness at Cape Town International and poor contingency planning for these types of eventualities.
With the airport earmarked to be one of the major entry points for the 2010 Soccer World Cup, we must register our serious concern at these apparent failures. For instance, we have to ask whether the airport had the proper equipment to remove an aircraft from the sand quickly, thereby limiting the delays. Is there indeed only one landing strip or runway at Cape Town International?
Also, we have to ask whether the Cape Town airport authorities have made contingency plans to use alternative airports within close proximity of Cape Town, and, similarly, whether contingency plans for all international airports exist. The question could be asked whether an additional passenger airport should not be constructed in the proximity of Cape Town.
Furthermore, has ACSA considered Ysterplaat and Langebaan Air Force bases as potential alternative landing strips in times of emergency? These bases could have their runways extended in order to be long enough to accommodate passenger aircrafts. The fact that a relatively minor accident caused widespread chaos around the country is of great concern, especially with the World Cup tournament less than 1 000 days away.
Surely, now is the time to put into place proper contingency plans and to consider alternative airports in times of emergency. I thank you.
The MINISTER OF DEFENCE: Madam Deputy Speaker, may I rise on a point of order, please? It is a pity the Speaker has now left the House, but I’m wondering whether it is in the interest of good order of the House if visitors in the public gallery should be clapping. I’m asking in the interest of the good order of the House whether that is appropriate.
The DEPUTY SPEAKER: It is definitely not.
The MINISTER OF DEFENCE: I thought that we should make that clear so that we don’t turn Parliament into a rally at a stadium. The DEPUTY SPEAKER: Thank you very much, Minister.
REGIONAL CONFERENCE IN SOMERSET WEST OF INTERNATIONAL ASSOCIATION FOR
IMPACT ASSESSMENT
(Member’s Statement)
Mr C M MORKEL (ANC): Madam Deputy Speaker, the ANC-led government is committed to ensuring that development strategies incorporate environmental consequences in the course of planning. Measures such as land reform, provision of basic infrastructure, housing and targeted rural assistance, including extension services and the maintenance of food security should ultimately reduce pressure on the natural environment.
South Africa is hosting the first Regional International Association for Impact Assessment Conference in Somerset West. An environmental impact assessment is conducted when developers wish to make use of areas that may be considered environmentally or ecologically sensitive. This can include the development of wetlands, breeding areas or the habitats of protected species for activities such as residential developments, mining and works.
This conference is particularly targeted at the Southern African Development Community countries and has also attracted delegates from countries such as Ghana in West Africa and Kenya in East Africa. The ANC salutes this initiative and endorses all efforts aimed at preserving natural diversity for the benefit of future generations. [Interjections.] I thank you. [Applause.]
UNLAWFUL ARREST OF HELEN ZILLE
(Member’s Statement)
Mr L K JOUBERT (DA): Madam Deputy Speaker, the Mayor of Cape Town and leader of the DA, Ms Helen Zille, was arrested by the police on Sunday, 9 September 2007. The prosecuting authorities subsequently found that there was no case against Ms Zille and the matter was dropped. This is patent proof that the arrest was unlawful, but more than that, it is proof that the police who made that arrest are simply tools in the hands of the government and will assist the ANC in desperate attempts to bring down the democratically elected government of the city of Cape Town through undemocratic means.
In another incident, a knife was put to Ms Zille’s face, and, although a charge was laid and video footage of the attack showing clearly who the perpetrator was exists, no arrest was made. At the same time we have cases where there is prima facie evidence of criminal activity against well-known personalities but no arrests follow. It seems that we now have two justice systems in the country, one for those who support the government and one for the opposition. This is heading towards a Constitutional crisis. I thank you. [Applause.]
PROGRESS OF SOMKHANDA GAME RESERVE
(Member’s Statement)
Mnu T L MAHLABA (ANC): Phini likaSomlomo, iSomkhanda Game Reserve, esenyakatho neKwaZulu-Natali, ingeyesizwe sakwaGumbi owathola lo mhlaba ngemuva kokuphumelela kwesicelo sawo sokubuyiselwa umhlaba ngaphansi kohlelo lukahulumeni lokubuyiselwa komhlaba kubanikazi bawo ababephucwe wona ngesikhathi sobandlululo. NgoLwesine olwedlule kuqopheke umlando ngesikhathi iSomkhanda Game Reserve iba yisiqiwi sokuqala somphakathi ukwakha ubambiswano ne-World Wildlife Fund.
Njengengxenye yalolu bambiswano, Ezemvelo KwaZulu-Natal Wildlife Black Rhino Range Expansion Project inikele ngobhejane abayi-11 kwiSomkhanda Game Reserve. Lesi yisinyathelo esihle kakhulu ekugqugquzeleni ukongiwa kwemvelo nokubambisana. Siyamncoma uhulumeni we-ANC ngemizamo yakhe yokwakha izwe elinokuthula lapho bonke abantu bebamba iqhaza ekuphathweni izwe kanye nasemnothweni walo. Ngiyabonga. (Translation of isiZulu member’s statement follows.)
[Mr T L MAHLABA (ANC): Madam Deputy Speaker, the Somkhanda Game Reserve, in northern KwaZulu-Natal, belongs to the Gumbi clan who were given this piece of land after a successful claim under the government’s Land Restitution Programme. They were dispossessed this land during the apartheid era. On Thursday, last week, history was made when the Somkhanda Game Reserve became the first communal game reserve to sign a co-operation agreement with the World Wildlife Fund.
As part of this co-operation agreement, Ezemvelo KwaZulu-Natal Wildlife Black Rhino Expansion Project donated 11 rhinos to the Somkhanda Game Reserve. This is a positive step towards encouraging preservation and co- operation. We commend the ANC-led government on its efforts towards building a peaceful country where everybody participates in its governance and economy. Thank you.]
STRATEGIC ECONOMIC TIES WITH INDIA
(Member’s Statement)
Mr T G ANTHONY (ANC): Madam Deputy Speaker, the ANC believes that one of the key platforms of engaging and transforming the present social and economic reality is through solidarity and strategic alliances amongst developing countries and those in industrialised countries who are committed to the creation of a just and equitable world order.
As we convene in this House, a two-day conference has started in New Delhi between India and 25 African countries. The conference, amongst other things, provides a platform for exploring mutually beneficial partnerships and opportunities between Africa and India in the hydrocarbon sector. These initiatives mark a new era of cooperation in this sector as Africa contains 10% of the world’s oil and 4% of proven gas reserves. The ANC supports these efforts by our government to forge strategic alliances in the South and establish mutually beneficial economic trade relations with countries in the industrialised world. I thank you. [Applause.]
PRIVATE POLITICAL FUNDING
AFFIRMATIVE ACTION
(Minister’s Responses)
The MINISTER OF DEFENCE: Madam Deputy Speaker, first of all I would like to respond to Mrs De Lille’s statement. For a long time, there have been allegations relating to the defence strategic package. Government set up an investigating process to which Mrs De Lille was also welcome and invited to lead evidence, which she didn’t do.
Today she comes here … [Interjections.] … Well, you didn’t tell us the story that you are saying today. Today she comes here and alleges that money was deposited into the account of the ANC. Is Mrs De Lille saying that the ANC was paid money for the defence strategic package? Is that what you are saying? If that is what the hon member is saying, she must provide evidence as to where the money came from, and who paid it into the ANC’s account. She should also say whether the ANC entered into an agreement to get money from the strategic package.
She alleges that money was paid into the Nelson Mandela Children’s Fund. Is the hon member saying – and we would like to hear that very clearly - that Comrade Nelson Mandela, the former President of this country, was a crook who plotted to steal money through the defence package? If that is what she is saying, she must say it out of this House, as the Nelson Mandela Children’s Fund is not represented in this House. It can then defend itself outside. She can’t use the House of Parliament in order to make allegations against institutions that are innocent and cannot speak in the House. Therefore, I reject with contempt, and this House must do likewise, these assertions she has just made here. [Applause.]
However, beyond that let me return to a more serious question. The hon member has raised a very tricky question before our nation - the question of “regstellende aksie” [affirmative action]. I thought that all of us as South Africans agreed that in the years under apartheid, incredible and incalculable damage was done to sections of the population, who were denied political rights, opportunities of education and training and of participating in the broad economy of the country. I thought that having agreed on those issues, we also agreed that there was a need for us to take systematic actions to correct those unfortunate circumstances – through what we agreed to call “regstellende aksie” [affirmative action].
Naturally, as we have admitted from time to time, it is one thing to form an ideal. To translate that into reality is a far more complex task, a consequence of which is that mistakes will be made here and there. The fact is that mistakes are made as you try to do something good and correct, but that does not mean that what you are trying to do is not correct. Black South Africans started complaining only last week about the team that represented us at the IRB Rugby World Cup. We won the World Cup and are all very proud of the team. However, if you look at that, you can see what apartheid has done. Although the team was predominately white, we are very proud of them because they are all sons of this country.
However, we can’t turn a blind eye on the fact that because of the denial of facilities in the areas where black people live, and so on, there were simply no opportunities for blacks to be able to participate and compete like that. [Interjections.] No, no, I am only saying to the hon member that we should not, and are not going to, stop transformation now, because you can only build dissatisfaction which, some time in the future, may explode in the faces of future generations. We can’t allow that to happen. [Time expired.] Dr C P MULDER: Madam Deputy Speaker, is the hon Minister prepared to take a question, because he was prepared to do so?
The DEPUTY SPEAKER: He has no time to say another word. So he has no time to answer any question now.
WATER RESOURCES POLICY
(Minister’s Response)
The MINISTER OF WATER AFFAIRS AND FORESTRY: Deputy Speaker, I would like to join hon member Sibhidla in welcoming delegates to the HELP Southern Symposium 2007. HELP stands for Hydrology, Environment, Life and Policy.
South Africa won the bid to host this symposium, competing with five other developing countries. Our winning the bid has enabled us to share with the world our groundbreaking water legislation, which is held worldwide as the most progressive one. At the same time, the HELP symposium gives us an opportunity to share challenges that we face in ensuring that all the people of South Africa have access to clean running water and sanitation.
The symposium will enable us to learn from other countries how they managed to deal with similar challenges and how they used science to advance their objectives and support their policies. We wish these delegates successful deliberations and visit when they tour the Olifants Basin, which is one of the two HELP basins situated in Southern Africa. Thank you.
HOUSING PROVIDED BY THE ANC
(Minister’s Response)
The MINISTER OF HOUSING: Madam Deputy Speaker, I would like to thank hon Zoliswa Kota for the input she has just made. In fact, the gratitude should come from me. I want to express my sincerest gratitude to the members of the portfolio committee, who went out to assist us in dealing with the issue of locked houses in Flagstaff in the Eastern Cape.
What was amazing here was that all members of the political parties represented here turned up for this initiative. Even the DA gave very unstintingly of them. Here, Madam Speaker was a member of the DA – this was a sight to see – holding a ladder and assisted by a member of the IFP so that a member of the ANC can climb up the ladder to fix the roof. [Laughter.]
I was worried that they would let the ladder go, and that would be the end of that member. [Laughter.] But in the true spirit of co-operative democracy they didn’t. I want to thank them very much. I want to quote to them from a well-known American war veteran and philosopher who said:
Every memorable act in the history of the world is a triumph of enthusiasm. Nothing great was ever achieved without it because it gives any challenge or any occupation, no matter how frightening or difficult, a new meaning. Without enthusiasm you are doomed to a life of mediocrity but with it you can accomplish many things.
My sincerest gratitude to the portfolio committee! [Applause.]
Mr M J ELLIS: Madam Deputy Speaker, could I ask the hon Minister whether she could give me the name of the DA member who did not let the ladder go, for we would like to take actions against that person. [Laughter.]
The DEPUTY SPEAKER: I thought it was the hon Mike Ellis. [Laughter.]
CHILDREN’S AMENDMENT BILL
(Consideration of Report of Portfolio Committee on Social Development)
There was no debate.
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker, I move: That the Report be adopted.
Agreed to.
Mr M J ELLIS: Madam Deputy Speaker, while the hon Minister is making his way to the podium, could I address you on a point? [Interjections.]
The DEPUTY SPEAKER: He is already there.
Mr M J ELLIS: Not quite. It is a very important matter to do with this Bill, Madam Deputy Speaker.
There are a number of printing errors in this Bill, and we were assured that before this debate takes place this afternoon we would be given a list of these mistakes so that we would be able to check to ensure that we are happy with the process that has been followed. We have not yet received that list, Madam Deputy Speaker. We are therefore unaware of what those errors are and I just wonder whether the debate can in fact proceed. We don’t want to delay this Bill, Madam Deputy Speaker. Let me make it quite clear to the hon Minister that it is very difficult for us to debate a Bill with errors when we have not yet seen it. [Interjections.]
The DEPUTY SPEAKER: Your point has been made. I know that the list of errors has been circulated. You may use my copy in the meantime.
Mrs S A SEATON: Madam Deputy Speaker, the IFP has the same problem. We really do not believe that. I indicated that if we had an opportunity to see it before we proceed, we could tell whether we could agree to it or not. Unless we have the opportunity to go through that list, we cannot agree to the debate going ahead. It is really a problem. We cannot pass a Bill until we know that what we are passing is right.
The DEPUTY SPEAKER: Minister, would you please take your seat. Ndizokubiza ngokhu. [I will call you just now.]
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker, the debate can continue and the other issues can be discussed later.
The DEPUTY SPEAKER: Order, hon members! The hon member is addressing me. [Interjections.]
The CHIEF WHIP OF THE MAJORITY PARTY: Voting can be deferred until later.
The DEPUTY SPEAKER: Order! Hon members, we have had this Bill with us for a very long time. We are not postponing the debate. However, it is proper for us to allow for consultation. The errors are very few - they are just one and half pages and are mainly typographical. I think what we are going to do now is to suspend the business of the House for five minutes for Whips to look at that. After five minutes, we will ring the bells and the Minister will then take the podium. Thank you.
Mrs S A SEATON: Madam Speaker. [Interjections.]
The DEPUTY SPEAKER: Order! The business of the House is suspended, hon member.
Mrs S A SEATON: We haven’t got the papers, Madam Deputy Speaker.
Business suspended at 14:45 and resumed at 15:00.
The DEPUTY SPEAKER: Now that the second Order of the Day has been read and that there have been consultations with the parties, we call on the Minister of Social Development to deliver his speech. We want to apologise to the House for the lost time, but it was necessary for all of us to agree on the business of the House.
CHILDREN’S AMENDMENT BILL
(Second Reading debate)
The MINISTER OF SOCIAL DEVELOPMENT: Kubuhlungu, kulusizi kulo mntu ongaziyo. [It is painful and sad to the person who doesn’t know.]
Madam Deputy Speaker, I find myself in a very difficult situation whereby when I tried to bring to the attention of this Parliament, last week and the week before that, that there is something radically wrong with its management and administration, I did not necessarily please most of you. However, the truth has to be told - and the truth is that we are all here as servants of our people and we ought to do what is expected of us.
The very fact that we are discussing this Bill that has been in front of us for the last 12 years and we still find the confusions that we have, is a blot on the way we run this Parliament. This is not only a blot on all of us, but also quite obviously on all of us individually and collectively, and more importantly on us as the ANC. I cannot see why this should happen. There is no reason whatsoever that the ANC should condone this - especially when we have all these children of the country who have come here to see and hear how this Parliament is going to pronounce on the Bill. I appeal to the powers that be in this Parliament to act in a way that will remove the blot on us all and on this institution, but more importantly to act in a way that will honour those who have given their lives for all of us to be sitting here as South Africans and as members of Parliament.
When we talk about that, we are talking basically about the people who brought us here today. If there is anybody that has brought us here, it is those people who have given their lives for the betterment of this country and our children. It is men like Oliver Tambo, Moses Kotane and John B Marks who led the ANC during the darkest hour in the history of the people. It is mostly in remembrance of Oliver Tambo that we stand up here today – Oliver Tambo who led the whole of South Africa from 1985 to 1987 to look at the pride of children. He called us all to come to Harare to look at how our children were suffering under the repression of the National Party, especially in those years. This is also to remember his words when he said:
We cannot be true liberators unless the liberation we achieve guarantees all children the rights to life, health, happiness and free development … Our liberation would be untrue to itself if it did not, among its first tasks, attend to the welfare of the millions of children whose lives have been stunted and turned into terrible misery …
Madam Speaker, I am sure that had Oliver Tambo been amongst us, he would agree that although it has taken ten years to have this Bill in front of you, we are now well on our way to ensuring that our liberation remains true to itself, the children and the future of this country.
Our ten-year journey, coincidentally, reached its penultimate pause a day after we marked Social Development Month. It was a month in which we chose to focus on children by accelerating the delivery and registration of Early Childhood Development sites. We have registered 9 726 ECD sites to date throughout the country.
This Children’s Amendment Bill is yet another contribution to the creation of an enabling environment to sustained interventions in the ECD sector. The legislation will also facilitate deepened support to the Expanded Public Works Programme. This work includes the assessment, registration and monitoring of ECD programmes. Furthermore, through this legislation, this work will include the improvement and development of partial care strategies, programmes and centres. Our ultimate goal is to ensure that each and every child receives a lifetime foundation through an appropriate and quality preschool education. We do so because we remain firm in our belief that quality education is a major contributor to our long-term war against poverty and inequality.
The Children’s Amendment Bill is also destined to be an integral part of the Children’s Act, thus bringing to realisation the full spectrum of child- protection instruments available to all spheres of government. The Bill sets out to bring to life and make fully operational our collective obligations in order to: promote the preservation and strengthening of families; realise constitutionally guaranteed rights to the child; put the best interests of a child first; and strengthen community childcare and protection structures.
The Bill also introduces further improvements with regard to child protection by providing for well-resourced strategies and programmes. In order to facilitate collective action towards child protection, the Bill also places a responsibility on all members of the society to report abuse and neglect of children.
We have been at the forefront of highlighting the growing number of child- headed households over the years. We have also highlighted the limitations of the current policy and the legislative vacuum in addressing the needs of these children and their households. Consequently, the Bill further recognises and extends a vulnerability criterion with the view of supporting child-headed households. In doing so, heads of departments in the provinces can now extend integrated services to children who head households. Additionally, the Bill allows for the courts and/or the department to intervene in providing supervision by designated adults or organisations for all child-headed households. The Bill also places a limitation on the powers available to supervisors of such households by obliging them to consult with the children, whilst also empowering the children to report inadequate supervision or abuse.
The Children’s Amendment Bill, initially passed by the NCOP, had made provision for the disciplining of children - much to public and media attention. Although many played to the public gallery, I am grateful to the leadership provided by the chairperson of the portfolio committee. I am also very grateful to the position that has been taken by the ANC caucus to ensure that the provisions that were led by the chairperson of the portfolio committee could come here for consideration. I am also grateful to all the members of the committee who tried to reach consensus on this matter, but who in the end had to find a workable solution so as to avoid further delays to the balance of this amendment Bill.
I must however take this opportunity to reflect on the outcomes of a national children’s conference which was convened in 1992 in response to the outcomes of the 1987 Harare conference. The children delegates at this 1992 conference adopted the Children’s Charter of South Africa. This Charter addresses key principles on caring for children in the context of a democratic and free South Africa. Article five of the Charter directs the state, political parties and the civil society to secure, for the children of South Africa, the right to be protected from all forms of violence including physical, emotional and verbal. The Charter goes on to say that all children have the right to freedom from corporal punishment at school, from the police, in prisons and at home.
Hon members, it is my hope that clause 139 will be further explored in a less sensational and more progressive manner. In the meantime, because we agree with you that the clause was erroneously tagged, we have deleted it from the Bill. We also value consensus and grassroots inputs. Consequently, we will endeavour to ensure greater and more meaningful consultations. We have started doing so during our annual consultation with the civil society last week in Pretoria. We agree with the hon Masutha that there is far too much at stake to let one clause derail this amendment. We believe that the measures it puts in place in ensuring the safety of children is far more important than politicking.
The fate of one in 31 children who work long hours remains in our consciousness. In this regard, the amendment Bill places further prohibitions on child labour and exploitation in line with international conventions.
The strides undertaken by the Bill in profiling the importance of family preservation and strengthening are far too dear to us. These family- building interventions are also to be complemented by alternative care and revamped foster care provisions. These provide the possibility of ensuring that all children are cared for. We have also ensured that foster care is elaborated on by including provision for the placement of children with family members. In addition to this, we have introduced a cluster foster care scheme, which is to be managed by non-profit organisations so as to accommodate care to groups of children in houses accommodating not more than six children per house.
Amongst other innovations we have also introduced mechanisms to regulate child and youth care centres and drop-in centres.
Hon members, I am sure you will join us in welcoming this Bill which, together with the Children’s Act, has been fully costed and will inform existing and future resource allocation for children at various levels. To successfully implement this Bill, we will put in place institutional mechanisms for intersectoral co-ordination and collaboration, as well as skills enhancement. With regard to this, let me take this opportunity to thank all those stakeholders who have already begun to assist with co- ordinating and addressing capacity constraints faced by the public sector. In particular, I was elated by an unsolicited copy of a commentary on the Children’s Act I received from Prof Davel and Dr Skelton of the University of Pretoria, plus a lot of advice that we have been given by NGOs – many of them were especially from Mary Turok and many of her friends, and the Black Sash. The commentary was launched last week and is an excellent resource, which sets out key issues, related to the provisions of the Act. It is such foresight that enables us to ensure that our children grow up in a South Africa that is fit for them.
This contribution will in no doubt complement all the other work we will undertake in the next few months that is related to the training of all our social service professionals and officials. All this will require the finalisation of regulations, norms and standards, as well as practice guidelines, which the department is currently drafting. This Bill, together with the Children’s Act, will require a comprehensive communication strategy that can only be implemented in partnership with the whole society, including the private sector.
Let me conclude by reiterating our continued determination to ensure that our children grow up in a secure family life and enjoy the rights and privileges they deserve. We will continue to do everything in our power, including forging the necessary partnerships, to ensure that no child goes hungry or is abused by any member of our society. We shall not rest until South Africa is fit for our children.
My appreciation also goes to all civil society organisations, individuals, and officials from various state institutions that all worked hard to ensure that this amending Bill remains true to our liberation.
I would like to go back to where I started. We ought to be a little bit more serious about some of the work that we ought to be doing. We ought to be more serious in the manner in which we treat children and the way we behave. There is no better way than this if we have to be an example - both ourselves as individuals and as political parties. However, we also need to respect the institutions that we set up ourselves, and ensure that they run in the manner that they are meant to. There is no way we can allow such slackness to go unpunished - even if it were from public servants. I am sorry, Madam Deputy Speaker, but I had to say that. Thank you. [Applause.]
Mr T M MASUTHA: Madam Deputy Speaker, hon members, rising on behalf of the ANC in support of this Bill, allow me before everything else to echo the strong sentiments and disenchantment expressed by the Minister and indeed this august House in the manner in which this Bill was handled. As the tribunes mandated by the people of this country, in terms of our Constitution, to make laws on their behalf, we have to take political charge of the process to ensure, finally, that we are able to deliver the requisite legislation at the expected time to ensure that our people and, in this case, our children’s lives are improved.
To this end, I put before this House the following textual corrections to the text of the Bill before us for adoption by the House before we vote on the Bill at the end of this debate.
Firstly, in clause 3, on page 6, in line 25, after the word “section” to omit “136” and to insert “137”; in clause 4, on page 8, in line 38, after “standards” to insert “for”; in clause 5, on page 21, in line 54, after “who” to replace “contains” with “obtains”; in clause 10, the first correction on page 28, in line 25, after “prescribed” to omit “by regulation”. The word “prescribed” actually means “prescribed by regulations”. That was a correction the committee effected but does not reflect in the Bill.
Second correction on page 29, in line 5, after “whose” to omit “foster”; third correction on page 29, in line 7, again after “whose” to omit “foster”; fourth correction on page 32, in line 34, after “or” to omit “foster” and to substitute “temporary safe”; fifth correction on page 34, in line 38, after “care” to omit “placements” and to substitute “placement”; sixth correction on page 36, in line 20, before “must” to omit “schemes” and to substitute “scheme”; seventh correction on page 38, in line 13, after “persons” to insert “and”; eighth correction on page 39, in line 13, after “a” to omit “reform school” and to insert “school of industries”. That was an incorrect reference, which the committee itself corrected in the Bill that was before it.
The ninth correction on page 42, in line 42, after “person” to insert “or”; the tenth correction on page 43, in line 22, after “a” to omit “procedure prescribed by regulations” and to substitute “prescribed procedure”. Again, “prescribed” in law means “prescribed by regulation”.
The eleventh correction on page 43, from line 24, after “a” to omit “procedure prescribed by regulations” and to substitute “prescribed procedure”; the twelfth correction on page 47, in line 41, after “section” to omit “84” and to substitute “221”; the thirteenth correction on page 48, in line 8, after “in” to omit “a” and to substitute “the”; the fourteenth correction on page 49, in line 6, after “the” to omit “shelter or”; the fifteenth correction on page 51, in line 5, after “in” to insert “a”; the sixteenth correction on page 52, in line 11, after “section” to omit “85, 199 or 218” and to substitute “85, 100, 204 or 222”.
That is the full suite of textual corrections that I would like to move for consideration by this House before we vote on the Bill.
This Bill serves to complete a very first comprehensive response by the ANC- led government, since it took over power in 1994, to the commitment we made as the ANC towards building a caring society in which children enjoy the rights guaranteed to them by our Bill of Rights and the various international instruments to which we are signatory.
In his acceptance speech at the Nobel Peace Prize Award Ceremony in Oslo, Norway, on 10 December 1993, the then President of the ANC, Tata Madiba said:
At the southern tip of the continent of Africa a rich reward is in the making, an invaluable gift is in the preparation for those who suffered in the name of all humanity when they sacrificed everything for liberty, peace, human dignity and human fulfilment. This reward will not be measured in money nor can it be reckoned in the collective price of the rare metals and precious stones that rest in the bowels of the African soil we tread in the footsteps of our ancestors. It will and must be measured by the happiness and welfare of the children, at once the most vulnerable citizens in any society and the greatest of our treasures.
The children must, at last, play in the open veld, no longer tortured by the pangs of hunger or ravaged by disease or threatened with the scourge of ignorance, molestation and abuse and no longer required to engage in deeds whose gravity exceeds the demands of their tender years.
At the heart of this Amendment Bill and indeed the Children’s Act of 2005, which it seeks to complete, is the strengthening of the most important social institution that serves as the glue that holds society together, namely the family.
This legislation, unlike the Child Care Act of 1983, which it amends, seeks to introduce new and more innovative methods of promoting the survival and protection of children. This, amongst others, includes the introduction of prevention and early intervention strategies, support for early childhood development, partial care services, cluster foster care schemes to catch up with the backlog in the placement of orphaned, abandoned and other children in need of care and protection, and a systematic response to the challenges of children finding themselves having to raise their younger siblings in what are commonly known as child-headed households. This is a reality we can no longer ignore as a responsive and responsible society. There are a number of social challenges that our families, communities, and society at large currently face. There are too many children without parents, who have either been orphaned or simply abandoned by their parents and relatives. Many children run away from home because they feel safer in the streets than in their own homes. This is due to the physical, emotional, and even sexual abuse they suffer and endure at home. [Time expired.]
Ms J A SEMPLE: Madam Deputy Speaker, hon Minister and fellow members of this House, the children of South Africa, especially vulnerable children in need of protection, rejoice today knowing that legislation that was first considered in 1997 relating to essential social welfare services for children and in response to South Africa’s obligation to international instruments is now coming to pass.
Hon Minister, I can only speak in support of your dismay at the repeated delays in actually passing this Bill. In fact, even today we had a further reprint of the Bill. So bad was it that in section 110(8)(b)(iii) it said: “a child who contains condoms, contraceptives, etc” when it should have read “obtains”. This particular clause is a direct quote from the Children’s Act of 2005. It wasn’t an amendment. It wasn’t changed. It was a direct quote, and so incompetent is the administration of this House that they could not even repeat word for word what it actually said.
I would like to ask you, Madam Deputy Speaker: Is it perhaps because this isn’t a Finance Bill? If it was a Bill presented by the Minister of Finance, I am sure that it would have been absolutely perfect. Is this perhaps a reflection of how the administration of this Parliament regards children and the Department of Social Development? Or, is it just that the administration is totally incompetent?
I think that we should actually call for an investigation into how, why and by whom this was done and some disciplinary action should be taken against this example of total incompetence.
The DA does, however, congratulate the Department of Social Development on developing this Bill, which has many worthwhile aspects, such as the statutory recognition of child-headed households and street children.
The regulation of early childhood development centres, partial care facilities and the overarching term “child and youth care centres” are all very good concepts and will do much to enhance the wellbeing and protection of vulnerable children.
However, all these good things have been somewhat obscured by the media hype and the resulting public furore over clause 139 - the discipline of children - with the Bill becoming known as “the Spanking Bill”. There have even been allegations that the portfolio committee is trying to introduce R300 fines for spanking one’s children. This, of course, is not true. But there has been much public concern from traditional leaders and religious bodies and even more so from South African parents who maintain that the ANC government is trying to remove their responsibility as parents - of disciplining their children.
The fact that the definition of corporal punishment was deliberately left open is very confusing for parents. They honestly do not believe that the type of discipline that occurs in the majority of South African households can be equated with corporal punishment. It is overregulation in the extreme to pass legislation that could criminalise the majority of South African parents in order to catch the violent minority.
The DA agrees with the Minister of Social Development’s concern on how the proposed law would have been implemented. It is just not practical and would have placed further burdens on an already overstretched criminal justice system.
We are very happy as it seems sanity prevailed and clause 139 has now been removed entirely from the Bill as it stands. We do, however, acknowledge that violence is totally out of control in our society, but abuse and assault are already crimes in terms of the common law. Children are also protected in terms of the Constitution and by the definition of abuse in the Children’s Act of 2005. Alternative forms of positive discipline and parenting skills must be encouraged, and the DA supports the Department of Social Development in its efforts to do this. However, much more work needs to be done to actively put these programmes in place by getting buy-in from South African communities and by creating awareness amongst parents and caregivers.
Of great concern in implementing all aspects of this Bill is the desperate shortage of social workers. It is also true that the actual funding of the Children’s Act of 2005 is totally inadequate and the passing of this Bill will place further strain on the departmental budget.
While we all agree that the intentions of the Bill are praiseworthy and that it is better to start somewhere than not at all, we are really worried about the effects of underfunding on the vulnerable children of South Africa, which will have disastrous consequences in years to come. Children are our future and need the very best that we can offer. This is a start, but we have a long way to go. Thank you. [Applause.]
Mrs I MARS: Madam Deputy Speaker, hon Minister and colleagues, first of all I also want to thank the Minister for the very firm stand he has taken on the events of last week and today. We just cannot go on like this and we wish that action be taken on this matter. We cannot have an important Bill treated in such a manner. I also want to congratulate the new chairperson of the Portfolio Committee on Social Development, hon Mike Masutha. We have known and worked with him for over 13 years and have always appreciated his insights and legal expertise.
After an absence of some six months, which involved much of the debate on this Children’s Amendment Bill, I have been redeployed to this committee and I am looking forward to rejoining my colleagues.
The IFP has taken note of all the amendments proposed, which have been considered by the portfolio committee, and we agree with all amendments that are aimed at strengthening the protection of South Africa’s children.
Obviously, there was a major concern and much press hype, as already mentioned before, about clause 139 that has been referred to - and I have the very same words and we haven’t consulted over this - as the “Spanking Bill”. Very sensibly, the portfolio committee dropped this clause and referred it for further discussion at a later stage. We totally support this decision.
Since the death of so many parents due to HIV/Aids, child-headed households have always been a matter of grave concern to us. We salute the young people who have taken upon themselves the responsibility of taking care of their siblings, frequently having to give up their own schooling. We understand, and I am sure so does everyone in this House, why these children so desperately want to remain together as a family. We support everything that can be done to help them to achieve this.
Therefore, it is of utmost importance that these family units are recognised, as provided for in this Bill. We support the need for an approved, responsible adult to supervise and assist them.
Sixteen years is an acceptable age for a child heading such a household to qualify as a primary caregiver. Furthermore, the Bill has been extended to provide assistance, including home-based care for terminally ill parents whose children, apart from having to struggle for themselves, have to frequently take care of their parents who can no longer help themselves.
However, we need to record our concerns about the accessibility of grants for the poorest and most deserving children, mostly in deep rural areas. According to research undertaken by the University of Cape Town’s Children’s Institute, approximately 44% of these children, who are not only entitled to but in desperate need of grants, are unable to access them due to the lack of IDs and birth certificates.
I would plead with the Minister, the department and everybody concerned that we should not leave it to organs of civil society to lodge a court challenge before we give our children access to their grants.
I know this is not something that is a main concern of the Department of Social Development and that it involves another department, but it is such a serious matter that we would plead with the task team and the portfolio committee to get involved with and to find a solution to this issue. We cannot let the most vulnerable and deserving children down. Thank you. [Time expired.]
Ms N C NKABINDE: Madam Deputy Speaker and hon members, the Bill before us is the final step in a protracted process that resulted from the initial so- called consolidated Bill being split and submitted to Parliament. The resubmitted Bill culminated into the Children’s Act of 2005. The remainder of the consolidated Bill still had to be enacted and new issues had to be addressed. This Bill will therefore address these issues and seek to integrate them into the Children’s Act.
As with the Children’s Act, the Bill is the result of recognising the outdated nature of pre-1994 legislation on children and the need to give expression to the constitutional rights of children. In addition, the country has a duty to streamline its legislation with the international conventions that we have committed to on the world stage.
At the core of the Bill remains the goal of promoting and strengthening families, whilst giving effect to the constitutional rights of children. It is important that the public appreciates the fact that putting the interests of the child first does not mean an attack on the family, just like it will be up to all of us to remain vigilant and show that the provisions of this Bill and the Act itself are not abused or lead to overzealous state intervention in the legitimate private affairs of families.
The Bill puts the finishing touches on a comprehensive framework for the protection and care of children, especially those who for various reasons might find themselves in position of vulnerability or outright exploitation. It is long overdue.
The UDM concurs with the objective of this Bill, and therefore supports the Bill. I thank you.
Mr L W GREYLING: Madam Deputy Speaker, the Children’s Amendment Bill truly represents a new era for the realisation of children’s constitutional rights in South Africa. Children are certainly the most vulnerable in our society and are often forced to bear the brunt of poverty and abuse that afflict so many of our communities. The ID hopes that this legislation will go somewhere in offering protection, care and support to the millions of children who desperately need it.
In this regard, the ID welcomes the legislative obligation that is placed in the provincial MECs to provide social welfare services. For too long, these services have been viewed as charity acts, with the burden for their provision being shifted to overstretched NGOs. This provision in the Bill recognises this as a constitutional right, which has to be provided to all children, with special emphasis on poor communities and children with disabilities.
The ID also supports the provisions that oblige the state to provide funding for therapy of children and rehabilitation for victims of abuse. In all of these provisions, however, the state will need to form strong partnerships with NGOs and CBOs in realising its statutory obligations. It is this that we support most in the Bill. As the ID is the proponent of people-led development, we need to build on precedent that is set in the Children’s Amendment Bill, where the capacity in communities and civil society is unlocked and supported by the state in responding to our country’s socio-economic challenges.
Finally, the ID shares the concerns of the committee that the foster care grant is being used as a poverty alleviation measure and that the system is not responding quickly enough to the needs of the most vulnerable children. The foster care grant needs to be reserved for the most vulnerable children and the difference between the foster care grant and the child support grant needs to be reduced. The government must also use its substantial budget surplus to extend the child support grant to all children under 18 years. For only R6 billion, which is less than a third of our budget surplus, we could improve the lives of millions of children in our country who are mostly at risk of dropping out of school and resorting to criminal activities. Let’s spend the surplus on reducing our social deficit. I thank you. [Time expired.]
Mrs C DUDLEY: Madam Deputy Speaker, hon Ministers, what has taken place with regard to the handling of this Bill is sadly a very bad reflection on Parliament, but the ACDP is satisfied that the corrections proposed are an accurate reflection of decisions taken in the committee.
When the final deliberations on the Children’s Amendment Bill were suspended, the ACDP actually proposed the removal of clause 139 to allow the Bill to proceed without delay. The subsequent removal of clause 139 - the clause banning parental physical discipline of children - was therefore enthusiastically welcomed by the ACDP.
While the offending clause is expected to be placed before the House as a new amendment next year, the public will have further opportunity to express their considerable concerns and hopefully common sense will again prevail in the legislature. Failing that, another miracle.
Abolishing the defence of reasonable chastisement and turning the majority of parents into criminals is no solution, it could not possibly hope to address the very real problem of abuse and violence against children in South Africa. Constant attempts to equate abuse and violence with reasonable chastisement or a spanking are misguided and frankly disingenuous.
The ACDP wholeheartedly supports the remainder of the Bill and would like to thank not only the department, law advisors, the chairperson of the portfolio committee and the committee but also civil society for their dedication, time and effort in working on this Bill.
The ACDP is particularly pleased to have been instrumental in ensuring that provinces are now obliged to provide and fund prevention and early intervention services for children at risk. Lack of funding has until now severely restricted child protection organisations to dealing with children in crisis rather than being able to intervene effectively at an earlier stage.
The prioritising of funding for Early Childhood Development in needy communities and the fact that street children will now be acknowledged and given greater priority as children in need of care and protection are just some of the significant achievements.
This long-awaited legislation will hopefully vastly improve the situation for vulnerable children in South Africa. The ACDP will vote in favour of this Bill.
The ACDP of course voted against the first half of this Bill – the present Act – due to clauses lowering the age of consent of children to 12 years old for medical treatment including choice of termination of pregnancy, provision regarding condoms for 12-year-olds, adoption of children by homosexuals and abortions for surrogate mothers.
It is unfortunate that these sorts of absurdities are to be found in the midst of otherwise valuable interventions for children.
We are however pleased that the passing of this amendment to the Bill will allow regulations to be put in place, which have already been put in place at the implementation of the parts of the Bill that are so desperately needed. I think here particularly of the trafficking – the clause which was in the early part allowing protection for children. I thank you. [Time expired.]
Ms I W DIREKO: Madam Speaker, hon members, children and parents remaining in the gallery, after a decade’s association with this Bill, I rise today to support the Children’s Amendment Bill with jubilation in my heart. This Bill is premised on the principle that “Your child is my child.” It builds on the ANC’s commitments made at the Mafikeng and Stellenbosch conferences, and in the Freedom Charter and the People’s Manifesto, to build new partnerships with families and communities.
This Bill provides for the upscaling in service delivery to a range of social welfare services for children and families. They include partial care; early childhood development programmes; primary prevention and early intervention programmes, such as parenting skills development, trauma counselling for children and families, the diversion of children from the criminal justice system; protection services for children who have suffered abuse, neglect, abandonment and exploitation; support programmes for child- headed households - a phenomenon that is on the rise; drop-in centres for vulnerable children to access basic services; foster care; and child and youth care centres.
The ANC has fought for a Bill that will ensure that: services will be targeted at poor communities and children with disabilities; services to stop abuse before it starts will be provided; support programmes for child- headed households can be rolled out; and that national and provincial government strategies are provided for to ensure that a sufficient spread of all the services are available in each province.
Throughout the Bill, the government, recognising that children grow up in families and communities, has pledged to protect children’s rights by strengthening support to parents and caregivers. The ANC-led government has never had the intention of usurping the role of families and communities.
The Bill also directs assistance at those poorest and most vulnerable communities that have been deprived of services in the past. The main beneficiaries of a range of new programmes will be communities where families lack the means to provide proper shelter, food and the other basic necessities of life.
We have prioritised the rights and needs of children with disabilities. To this end, funding will be prioritised to ensure that children with disabilities can access services.
The Bill revolutionises the model of social services in South Africa by providing for South African solutions. Currently we have an outdated Western-style system that focuses on state protection services for children only after they have been abused. Such a system does not recognise or address the root causes of child vulnerability and is therefore inappropriate to or in the best interest of children in South Africa.
The challenges in South Africa and the best interest of the children call for an approach aimed at preventing abuse and strengthening families and communities to care for and protect children. The Children’s Amendment Bill is therefore a step forward in the realisation of the children’s rights, and incorporates a number of creative solutions to ensure that the services can cope with the huge increase in demand and that children can access appropriate and community-based services.
During public hearings we heard that so often, the focus is on the abuse and neglect, and that the government’s response is how to combat the societal ills. This law focuses on the strength in communities and families and on capacitating them to prevent problems so that we can offer children the best chance in life.
The Bill helps to stop abuse before it starts – this is critically important – and gives community organisations recognition for the hard work they do.
National government and each province will have to plan a comprehensive range of social welfare services to ensure support from birth until children reach the age of maturity or complete their schooling. That includes help for children in child-headed households, as well as support programmes for families facing the stresses of poverty, unemployment and HIV.
During the community consultation, the public expressed concern over the phenomenon of child-headed households. We have therefore put in place provisions that will ensure that children living in child-headed households have easier access to support services and care.
As the ANC, we want to acknowledge the sterling work that non-profit organisations provide daily to support child-headed households. These projects need recognition and funding in order to grow and reach more vulnerable children. An example of such a programme is the Isibindi childcare model, which is managed by the National Association for Child and Youth Care Workers.
Within the Isibindi model, child and youth care workers visit identified orphans and vulnerable children in their homes and provide comprehensive services. This includes accompanying and representing children at schools, health services and government offices, when necessary. They also provide psychological support through memory box activities, grief work, building of relationships, identifying needs and feelings, providing developmental care, behaviour management, activity programming, risk assessment and life space counselling.
It is these kinds of projects that will now be able to expand their - the youth and care workers’ - reach to more vulnerable children with the assistance of a clear legislative framework and government funding.
This Bill represents a victory for children. It provides crucial legislative imperatives that will ensure that our children have better lives. The foundation has been laid. We must, however, ensure that we leave no stone unturned in implementing this Bill, which we must do as soon as possible and as effectively and efficiently as possible.
I am happy to support a Bill that, in my lifetime, puts children first. I thank you, Madam Deputy Speaker.
Mnr W D SPIES: “Laat die kinders na My toe kom en verhinder hulle nie, want aan sulkes behoort die koninkryk van God.” Adjunkspeaker, hierdie baie bekende woorde uit die Bybel toon net aan hoe waardevol kinders is en ek dink ons stem almal daarmee saam.
Hoe gaan dit met kinders in Suid-Afrika vandag? Volgens die 2007-verslag van die organisasie, Save the Children, tel Suid-Afrika onder die tien swakste presteerders wanneer daar gekyk word na die toename of afname van kindersterftes tussen 1990 en 2005. Volgens die verslag het kindersterftes in Suid-Afrika in die tyd met 13% toegeneem tot 68 sterftes per 1000 teenoor slegs 60 sterftes per 1000 in 1990.
Ons kan dus nie eens vir apartheid die skuld hiervoor gee nie, want hierdie agteruitgang het na 1990 gekom. Dit gaan dus nie beter met Suid-Afrikaanse kinders as 20 jaar gelede nie en dit is daarom dringend nodig dat hierdie wet aanvaar word en ons steun dit ook om daardie rede.
Die Kinderwysigingswet is ’n poging om die owerheid te bemagtig om ’n kinderbeskermingstelsel daar te stel wat kinders in Suid-Afrika ’n beter lewe kan waarborg. Die VF Plus verwelkom daarom hierdie wet, en ook in besonder artikel 104, wat groter koördinering tussen die polisie, die departement en die vervolgingsgesag beoog met betrekking tot kinderbeskerming.
Ons glo dat hierdie ook ’n ideale geleentheid vir die departement sal wees om die SAPD voor stok te kry oor sy dwase besluit om die spesialis kinderbeskermingseenheid af te skaal. Verder hoop ek ook dat die department sal kyk na die vergoedingspakette van maatskaplike werkers wat tans nog die swakste besoldigde beroep in die land is.
Die VF Plus verwelkom hierdie wet. Ons verwelkom ook die weglating van die ou artikel 139, wat beoog het om ouers wat hulle kinders tugtig, te kriminaliseer, en ons wens graag die portefeuljekomitee en sy voorsitter, die agb Masutha, geluk daarmee. Ons hoop dat die implementering van hierdie wet nie agterweë sal bly weens verkeerde bedryfsbesluite nie. Die VF Plus ondersteun graag hierdie wysigingswet. Ek dank u. (Translation of speech paragraphs follows.)
[Mr W D SPIES: “Suffer the little children, and forbid them not, to come unto Me, for of such is the Kingdom of Heaven.” Deputy Speaker, these very familiar words from the Bible show just how precious children are and I think we all agree with that. How are the children of South Africa doing today? According to the 2007 report of the organisation, Save the Children, South Africa fell within the ten lowest achievers in terms of the increase or decrease of child deaths between 1990 and 2005. According to this report, child deaths in South Africa had increased by 13% during this time: up to 68 deaths per 1 000 compared to the 60 deaths per 1 000 in 1990.
We cannot even blame apartheid for this increase, because this deterioration occurred after 1990. Things are therefore not better for South African children than 20 years ago and it is therefore imperative that this Bill is accepted and we support it.
The Children’s Amendment Bill attempts to empower government to institute a child protection system that will guarantee a better life for South African children. Therefore, the FF Plus welcomes this Bill, and in particular clause 104, which contemplates greater coordination between the police, the department and the prosecution authority with regards to child protection.
We also believe that this is an ideal opportunity for the department to reprimand the SAPS for its foolish decision to diminish the capacity of the specialist Child Protection Unit. Furthermore, I also hope that the department will look at the remuneration package of the social workers who are currently the lowest paid professionals in the country. The FF Plus welcomes this Bill. We also welcome the omission of the old clause 139, which contemplated criminalising parents who discipline their children, and we congratulate the portfolio committee and its chairperson, the hon Masutha. We hope that the implementation of this Bill will not remain in abeyance due to bad operating decisions. The FF Plus supports this Bill. I thank you.]
Ms S RAJBALLY: Madam Deputy Speaker, hon Minister, we appreciate your concern regarding the delay and errors in this Bill. You have actually dropped a bombshell and have woken many people up.
With our fast-growing population and South Africa’s socioeconomic circumstances, the legislature has an important task to enact law that will structure, protect and harness a democratic lifestyle for all, based on our national Constitution.
According to our national Constitution, which reigns as the supreme law of our land, we have a duty to protect our children. We have a duty to educate, house, feed and protect our children. In South Africa, we are so acquainted with poverty. Sadly, many child-headed households are plagued by poverty, which robs them of the right to life that our Constitution promises.
The norm should be a family comprising a mom and dad, brother and sister, grandparents, cousins, aunts and uncles. The reality for many, however, is an incomplete family picture that does not live up to the dictates of the norm. We have a high divorce rate and single parenting, among other challenges that create a dysfunctional environment that requires our intervention for stability.
This Bill is long overdue in addressing a number of concerns regarding the wellbeing of our children. A number of welfare issues have been addressed, but we would like to emphasise the need for the granting of custody and guardianship to be dealt with by the High Courts only. Cost to have an order passed in the High Court is far from accessible for poor families.
In the best interest of the child, the MF feels that this order should be shifted to a lower court so that it can be more accessible and so that we can fulfil our duty to create stability in the face of the crisis facing our children throughout the country.
In terms of our fight against child abuse, this Bill serves to provide for the protection of the children. The MF would also like us to look at equipping facilities, such as child line, with more man-woman power to address this problem.
We applaud the fact that this Bill caters for a child that does not find himself or herself part of a nuclear family and serves to provide shelter and care in this regard.
The MF believes that our children are not just the responsibility of a family and legislation, but that each of us has a duty towards every single child – be it in protecting them or setting an example.
We fully support the abandonment of corporal punishment as a means of discipline. However, in view of discipline problems at schools throughout the country, we call for alternative, humane methods of dealing with disruptive and ill-mannered learners.
The MF is thrilled that we have introduced this great piece of legislation, namely the Children’s Amendment Bill, and that we shall service the shortfall in childcare, which will bring us in line with global conventions. The MF supports this Bill, with all the corrections that still need to be effected. I thank you.
UNkskz X C MAKASI (ANC): Sekela-Somlomo, malungu ahloniphekileyo, namhlanje ndimi kweli qonga leNdlu yoWiso-mthetho ukuza kuxoxa ngoMthetho oYilwayo waBantwana oFakela iziLungiso, okanye i-Children’s Amendment Bill. Loo nto ithetha ukuba silungisa umthetho ojongene nempilo yabantwana owaphunyezwa ngowama-2005. Ngoku siyawuphothula ukuze ukwazi ukuphucula iimeko zabantwana bethu kwiindawo esihlala kuzo eMzantsi Afrika jikelele, de ufikelele kanye naphaya ezilalini.
Ngokwenjenjalo sizalisekisa izigqibo ezathathwa yi-ANC eKliptown ngowe- 1955, ezithi abantu baya kulawula, kube kho intlalontle, uphuhliso nemfundo ephucukileyo kubantu bonke baseMzantsi Afrika. Nabaya baphaya ezilalini, abangazange baxhamle kurhulumente wengcinezelo, nabo ngoku bayaxhamla.
Eyam ingxoxo imalunga nokukhuliswa ngendlela kwabantwana abaselula okanye i- Early Childhood Development, nkqubo leyo ethetha ukuba urhulumente uyiqwalasele into yokuba ukuphuhliswa kwabantwana kuqala abantwana bevela. Ukuba uphose ukumxonkxa eselula umntwana, hleze angaphuhliseki kakuhle. Kungoko lo Mthetho uYilwayo uqala ukukhusela umntwana ekuveleni kwakhe ade aye kuqala esikolweni.
Nanjengoko ebesetshilo uMphathiswa ukuba u-O R Tambo wayeyiqwalasele kakhulu imeko yabantwana, namhlanje njengokuba siqukumbela lo Mthetho uYilwayo nje, sizama ukulungiselela loo meko. Namhlanje urhulumente okhokelwa yi-ANC uzisa kanye ezo ndlela zibalulekileyo zokuphuhlisa abantwana ukuze siqinisekise ukuba abantwana bethu baba nobomi kwanempilo engcono. Loo nto siyenza kuba singuMzantsi Afrika sazibophelela ekubeni siphucule amalungelo abantwana bethu ngeendlela ezahlukeneyo.
Namhlanje iintambo zikarhulumente zijongene nokususa abantwana bethu kweyona ndlala nokungahoyeki. Abantwana abakhulela kwiintsapho ezisokolayo baphela besiba ngamaxhoba okusweleka beseziintsana, kungenjalo bathathe kade ezifundweni zabo ukuba bathe baphila. Loo nto ikhulisa ukulahla kwabantwana ezikolweni bengazigqibanga izifundo zabo. Zezo zizathu ke ezibangele ukuba urhulumente enze eli cebo lokuqala le mfundo eqala ukuvela komntwana elungiselelwe wonke umntwana, ngakumbi abo bahlelelekileyo. Siyithatha le nxaxheba siqinisekile ukuba eli lixesha elilungileyo lokungenelela ngokuthi kususwe iingxaki ezithi zibangelwe yintlupheko nokungafumaneki kophuhliso abalufaneleyo abantwana bethu.
Lo rhulumente uzimisele ukudiliza iindonga zentsokolo ngokuvula gabalala amathuba ophuhliso kwiinkqubo zophuhliso lwabantwana, ngakumbi abahlelelekileyo. Kwaye sizimisele ukuqwalasela ukuba ezi nkqubo zisemgangathweni kusini na.
SinguKhongolose siyiqwalasele into yokuba uphuhliso lwabantwana yeyona ndlela ibalulekileyo yokukhulisa isizwe. Zezo zizathu ezibangele ukuba sityale imali kolu phuhliso, nolukhuthaza ukuba kube kho inkqubo epheleleyo ukusuka ekuzalweni komntwana ukuya kutsho kwiminyaka elithoba.
Injongo yokuthabatha inxaxheba kwabazali kunye nabantu abanonophela abantwana kule nkqubo kukukhusela ilungelo lomntwana nokuliphuhlisa ngokuzeleyo ngokwasekuhlaleni nangokwasemzimbeni. (Translation of isiXhosa paragraphs follows.)
[Mrs X C MAKASI: Madam Deputy Speaker and hon members, today I stand at this podium of the National Assembly to debate the Children’s Amendment Bill. This means that we are amending a law that regulates the lives of children, which was passed in 2005. We are now finalising it so that it may improve the lives of our children in our communities throughout South Africa and that it may reach rural areas.
By so doing we are fulfilling the resolutions that were taken by the ANC in Kliptown in 1955, that: people shall govern; there shall be security and comfort; there shall be development and quality education for all the people of South Africa. Even those who live in rural areas who never benefited during the apartheid era are now benefiting.
I will focus on proper upbringing of infants or the Early Childhood Development programme, which is an indication that our government is mindful of the fact that the development of children begins at birth. If you failed to mould a child while still an infant the chances are that the child will not develop properly. That is why this Bill protects the child from birth until school-going age.
As already indicated by the hon Minister that O R Tambo was greatly concerned about the welfare of children, today, as we finalise this Bill, we are trying to prepare for that situation. The ANC-led government is coming forward with the very same methods that are important for ensuring that our children will have better lives and better health. We are doing this because, as South Africans, we committed ourselves to the improvement of the rights of our children using various and diverse methods.
Today the focus of our government is on the eradication of extreme poverty and neglect. The children who grow up in poor families end up being victims of early child mortality, or else have serious learning problems, if they survive. This increases the number of school drop-outs.
It is for these reasons that the government has come up with this programme of learning which begins when a child is born and which is aimed at all children, especially the poor ones. We participate in this debate in the knowledge that now is the right time to intervene by removing the obstacles that are caused by poverty and lack of proper development for our children.
This government is committed to reversing the frontiers of poverty by opening wide the opportunities of development through programmes aimed at children, especially poor ones. We are also prepared to check whether these programmes are of good quality or not.
As the ANC, we are mindful of the fact that childhood development is the proper way of building the nation. That is why we have invested money in this programme, which encourages the proper development of a child from birth to the age of nine years.
The reason behind the participation of parents and child minders in this programme is to protect the right of the child and to develop it fully, both socially and physically.]
Madam Deputy Speaker, an analysis of the current nature, context and status of early childhood development provision in South Africa revealed five key areas that require attention: the extent of ECD provision; inequality in ECD provision; inequality in access to ECD services; variability of quality of ECD services; and an incomplete and fragmented legislative and policy framework on ECD that resulted in uncoordinated service delivery.
This amending Bill addresses these matters. Community-based programmes that meet the needs of infants and young children are vital to ECD. This Bill therefore strengthens this vital linkage.
ECD services do not fall neatly into one government department, or level of government or sector. The needs and indivisible rights of young children span the areas of health, nutrition, a safe environment and psychosocial development, amongst others. We have thus strengthened this Bill to ensure that government puts in place an integrated cross-sectoral approach and plan that involves civil society, non-governmental organisations, the religious sector, parents and children.
To meet the challenges identified in respect of ECD, we want to urge government to ensure that provincial and local government make every effort to create, find and allocate resources that will adequately fund ECD. Never again must we hear that funds have not been spent on vital programmes such as ECD.
In taking forward our policy goals, we have assigned responsibility and accountability for ensuring that every child has the best possible start in life as the prerequisite for healthy growth and development.
Siyabulela siyile komiti yemicimbi yesebe kwisebe lethu ngokuthi lisebenzisane nathi, kananjalo nakuMphathiswa wethu ngokuthi enze ukuba sibe namhlanje siyaphumelela ukuphumeza lo Mthetho uYilwayo . Siyabulela kwiSebe lezoPhuhliso loLuntu, nakuGqr Mabitwa neqela lakhe. Enkosi. [Kwaqhwatywa.] (Translation of isiXhosa paragraph follows.)
[As the portfolio committee, we would like to thank the department for co- operating with us, and also to thank our Minister for making it possible to finalise this Bill today. Thank you to the Department of Social Development and to Dr Mabitwa and his team. Thank you. [Applause.]
Mr N T GODI: Madam Deputy Speaker, comrades and hon members the APC joins those who support the amending Bill before the House.
As indicated by speakers before me, this is one of the most important pieces of legislation to come out of this Parliament. It is important that the debate on this Bill helps to clear the dust and refocus attention on the important and progressive provisions it contains. The manner in which the media has reported on such an important Bill is reflective of the sometimes shallow and sensationalist ways in which they report on matters of national importance.
Children are the most vulnerable members of society and need to be protected as comprehensively as possible, usually from us adults, unfortunately. Whilst we all support the provisions of the Bill, from early childhood development, which is important especially in terms of preparing children for education, to foster care and street children, we believe that the challenge will be on implementation - the capacity of the various role- players to implement these provisions timeously, adequately and consistently.
The APC believes that if we can address the challenges of capacity, this Bill will be translated into practical protection and advancement of the rights of children. Thank you.
Dr S E M PHEKO: Madam Deputy Speaker, the PAC supports the Children’s Amendment Bill. This law is long overdue. Children are not only the foundation of our nationhood, but are also indispensable for our perpetual existence and development, politically, socially, economically and technologically. Therefore, the welfare of children and their protection against violence, drugs and immoral behaviour are imperative. Their proper upbringing is a national objective. Without this, there is no future for our country.
The Bill is amending the Children’s Act of 2005. It inserts a number of definitions. It provides, among other things, for prevention and early intervention, foster care, child and youth care centres and drop-in centres. It also provides for new offences relating to children.
A definition that is either missing or not clear is one of child abuse. Many parents today are unable to discipline their children. As a result, some of these children grow up without observing even ordinary family rules and moral behaviour. How can such children, when they grow up, be expected to observe the laws of our country? Should later in their [adult] lives they violate the laws of the country and are sent to jail, who is to blame? Is it not the state? Indeed. Can we talk of moral regeneration in our country when children are exposed to all sorts of unbecoming things, especially on television stations? Thank you. [Time expired.]
Mr L M GREEN: Madam Deputy Speaker, hon Minister and members, the litmus test of whether a society is truly compassionate or people-centred is measured by how that society treats its most vulnerable citizens, namely the elderly and the children.
One of the primary concerns of a democratic society that has transformed from an oppressive regime is the wellbeing and development needs of its children. A legacy of discrimination and inequality impact on the development phases of a child in subtle ways, which impairs the proper adjustment of the child to a future society. Democracy, equal opportunity and social stability are key qualities to nurture the holistic development of a child.
The Bill in its current form aims to achieve these objectives. However, the Bill almost added immoral judgement when the previous section 139 would have allowed for the abolishment of corporal correction. The FD in its submission to the committee has asked for the removal of this clause in the best interest of the child. We provided references to the most current and up-to-date review of scientific literature, which proves that there was no clear scientific evidence to suggest that anti-spanking legislation achieves the desired result.
One of the studies has shown that there is no lasting emotional or social harm on children who have been exposed to moderate or occasional correction in their formative years. We also enquired about whether any scientific studies have been done in our country to support the ban of corporal correction. In terms of the protection of children, section 104, we fully support an intersectoral strategy to co-ordinate a plan in this regard. We are encouraged to see that the Bill seeks to create an environment to reduce risk to children.
Finally, the FD welcomes the Minister’s assurance that the implementation of this Bill has been fully budgeted for to ensure that the goals contained in the Bill are achieved. The FD, therefore, supports the Children’s Amendment Bill. Thank you.
Ms H WEBER: Madam Deputy Speaker, this Bill has been in the making for 10 years and we almost had a very rocky start today. I do really sympathise with the Minister, and I think it was very frustrating.
We passed the first part of this Bill in 2005, and now have the amendments, which concentrate on the rights of the children as enshrined in the Constitution. We stress that children are most vulnerable and need protection. In this Bill, we attempt to keep children and parents together in a strong family bond. The Bill also addresses government’s responsibility to children who are in need of alternative care.
The DA has always raised its concern about the slow roll-out of antiretrovirals or ARVs. We now see the results - the untimely deaths of many parents due to HIV/Aids. We have about 60 000 child-headed households alone, plus many more children in need of care. Unfortunately, there is no light at the end of the tunnel, and we can expect many more children who will need care and protection.
The committee was obliged to look at alternative methods of childcare. We concentrated on drop-in centres, foster care and child and youth care centres. Drop-in centres are very community orientated, where centres are created for preparing food and partial care for children who are in need, especially children who live in child-headed households.
Since the introduction of the foster care grant, the uptake has increased by 650%. No government can afford such enormous increases. To try and address this situation the idea of cluster foster care homes was created. These are homes situated in a specific area for children in need of care. They will be run by housemothers and checked by social workers. It is one way of caring for vulnerable children in a family environment. The concept is very good, but there is a big question. Have we got enough people with the spirit of ubuntu to take care of these children, and have we enough social workers?
This Bill also seeks to recognise that street children have to be housed and looked after in a child and youth care centre, not in an overnight shelter where they can come and go as they please. These centres must have programmes to assist in reintegrating street children into society. This lays emphasis on well-trained child and youth care workers.
Many hours of consultation with interested organisations and public participation have gone into this Bill. However, the implementation of the Bill needs not only the portfolio committee and government, but also involvement of the whole community.
I would like to thank the hon Tshivhase who first chaired this committee when we started on the Bill and the hon Masutha who managed to get it to finality; the committee and the various departments for their co-operation in formulating this Bill. Unfortunately, I cannot comment on the printers and the people who did the final lot because it was atrocious. Thank you. [Applause.]
Mr B M SOLO: Madam Deputy Speaker, hon Ministers, Deputy Ministers and hon members, for more than six years there have been various debates on how best we can, as a society, look after our children; how best we can create an environment that would guarantee a bright future for our children; and what mechanism can be applied to ensure our children’s development as they grow to ensure a better South African society.
Today we are closing one page that will assist us in shaping the future of our children. Needless to say, recently in this House, we passed the Children’s Act, Act 38 of 2005. As we know, issues of children are vast and complex. They have been compounded by the legacy of the past. As responsible citizens or parents, we have to save our children. We have to raise them in a manner that ensures that they are guaranteed a prosperous future. We need to create an environment that is conducive to their development. Psychologists have written a lot around this matter. We need to ensure that the future generation will be endowed with democratic values and a violence-free and caring society, with norms that ensure peace and prosperity.
The Bill we are debating today attempts to lay solid grounds for every child to develop in a proper manner, so that every child is protected, cared for, fed, clothed and loved. Is it not what children need? When our child, my child, the children and all of them play together, they forget that they come from different backgrounds. They all have similar characteristics. They all like sweets, toys, etc. They all have wet nappies. They are all inquisitive or curious. The question is: How do we bring them up?
A lot of what the Bill intends to do has already been mentioned. However, allow me to mention the significant shift that has incorporated traditional support. This is found when one deals with foster care. As we would all know, foster care is meant to protect and nurture children by providing a safe and healthy environment with positive support. This means that it will be easy for welfare, faith-based and community-based organisations who are providing critical services to children - working in partnership with government - to accommodate more children in residential areas.
We as the ANC have argued for strong mechanisms to be introduced to ensure that children in foster care are free of neglect and abuse. The Bill clearly states that a foster parent must have the capacity to provide an environment that is conducive to the child’s growth and development. In the process, the best interests of the child must be taken into consideration. The Bill further states that the social worker’s report must reflect on critical development issues such as cultural, religious and the linguistic background of the child. A significant shift is the whole concept of the new provision of cluster foster care, which is an alternative placement option to traditional foster care. It means that a single person or not more than two persons sharing a common household can accommodate six children and will receive assistance from the state.
The Bill also introduces child and youth care centres as well as facilities to provide residential care to more than six children outside the family environment. These centres should also provide appropriate care and development of children with disabilities and chronic illnesses.
Kumnandi ke namhlanje ngoba sithetha into evanayo sonke, kwaye kubonakala ngathi siyakhula kwaye siyayibona le nto kufuneka ilungisiwe kuMzantsi Afrika wethu omhle. Ndiyababulela abantakwethu ngoba noko namhlanje abakhange babhoxe, koko bathethe kakuhle kakhulu. Kaloku abantwana aba ngabethu sonke, kwaye sifuna ukubalungiselela ikamva eliqaqambileyo.
Ndiyayithanda kakhulu le nto bayenzileyo oogxa bethu abakweli cala lingaphaya. Ndiyabona ukuba sele befunda noko ngoku, kwaye bayabona ukuba sithi abaphethe isibane esikhanyisayo nesingazisa uzinzo kweli lizwe. Ndinibulela kakhulu ngoba naphaya ekomitini beniziphethe kakhuhle kakhulu. Intle loo nto.
Ningaze niphinde nibhoxe ke ukusukela namhlanje. Into nje ekufuneka niyenzile, bafondini, kukusincedisa ngoba niyazi ukuba iingxowa zenu zityebile. Nize ke niqale apho nidingeka kakhulu khona, ngokuthi endaweni yokuba nibe nifaka amasango amakhulu anikhuselayo kwiindawo enihlala kuzo, nize nincedise ukwakhela abantwana iindawo ezilungele ukuba baphile ngcono kuzo. [Uwele-wele.]
Ewe unyanisile, ndicela uxolo kuloo ndawo. Kodwa ke ndiyanicela ukuba niyazi into yokuba asiyomali kuphela engakwazi ukulungisa iingxaki zethu, koko nobuntu, nanjengokuba ebetshilo umama okanye ilungu elibekekileyo. Siyayivuyela ke na loo nto yokuba zithathwe kwaye zimanyelwe izinto esizithethayo.
Ubuntu nabo bungasinceda, hayi imali kuphela. Ngoko masingajongi ukuba urhulumente unemali engakanani na, koko masibambaneni ngezandla sonke, sincedisane. Nanjengokuba ibisele itshilo nala ndoda – ndiyayibona ukuba yindoda ehamba icawa kakhulu leya - iyibeka ngesiBhulu, kodwa mna ndifuna ukuyibeka kakuhle ngesiXhosa: “Bavumeleni abantwana beze kum, ningabaleli, ngoba ubukumkani bamazulu bubobabo banjalo.” Ndiyabulela. [Kwaqhwatywa.] (Translation of isiXhosa paragraphs follows.)
[Mr B M SOLO: It is pleasing to note that, today, we are speaking with one voice and that we seem to be maturing and are now aware of what it is that needs to be rectified in our beautiful country. I thank the opposition because, today, they were not disruptive, but spoke very well. After all, these children belong to all of us and we all want to create a bright future for them.
I appreciate greatly the gesture of our colleagues who are on that side. They are beginning to learn and now realise that we are the ones who are the torch-bearers, something that is likely to bring about stability in this country. I thank you very much because even in the committee meetings you behaved very well. Well done.
From now on, never be disruptive again. All that you have to do, guys, is to assist us financially because you know that your pockets are deep. You must start where you are needed the most by helping to build better houses for the children so that they may have a better life, instead of erecting huge boom gates in your residential areas in order to protect yourselves. [Interjections.] Yes, you are right, please forgive me for that. However, I am pleading with you because you know that money alone is not going to solve our problems; it has to be accompanied by ubuntu, as that lady, the hon member, has already pointed out. We also appreciate that the things that we say here are taken seriously.
Ubuntu can also help us, not just money. Therefore, let us not look at the amount of money that the government has, but let us all co-operate and help one another.
As that gentleman over there has already said – I realise that he is a very devout man - putting it in Afrikaans, I would like to put it properly in isiXhosa: “Suffer the little children to come unto Me of such is the Kingdom of Heaven”. [Applause.]]
The MINISTER OF SOCIAL DEVELOPMENT: Madam Speaker, the discussion and debate around the Bill has come to an end. I would like to thank all members for the contributions that they have made as well as the assistance that they have given to the department over the past 10-11 years in ensuring that this Bill comes to fruition as it has today.
We took into consideration, basically, some of the points that have been raised by ordinary members during this debate. We have also noted that some of them have already been looked into, for instance the question of children who are not getting grants, particularly those in rural areas.
We know beyond any reasonable doubt that in April, as we said, there were still 750 000 children who did not get the grants they were entitled to. If you want to know what is happening, go to Pondoland and the rural areas of KwaZulu-Natal, especially in the north. You will find that there are thousands of children who are entitled to these grants and yet they are not getting them.
More importantly, at present there are more than eight million children who are getting grants. Some of them are not supposed to get only that grant; some of them are orphans and ought to be getting foster care grants also, but they are unable to get them unless they go to a magistrate. That is where the difficulty lies for all of us. Over the past two years I have been telling Brigitte to ask the magistrates to be a little more considerate in their approach and to use “affirmative action” as far as these children are concerned … [Interjections.]
The DEPUTY SPEAKER: Who is Brigitte, hon Minister? Who is Brigitte in the House?
The MINISTER OF SOCIAL DEVELOPMENT: Aha! That is the hon Minister for Justice and Constitutional Affairs. [Laughter.]
So far, we have only managed to get a positive response from the Pietermaritzburg magistrate as well as the Chief Magistrate of Mthatha. They have been doing everything in their power to assist. There are many others who need to follow their example because those children are really suffering.
So, I actually want to take this time to thank everybody and say that this Bill is not about the Department of Social Development but about services to children. All departments, especially those in the social cluster, need to be part and parcel of this, including the Department of Home Affairs. I have been meeting with the Deputy Minister and officials of the Department of Home Affairs to accompany us to provinces such as KwaZulu-Natal, the Eastern Cape and many other areas and register these children.
We bought 90 trucks that go to different parts of the country. Presently, they are only concentrated in the Eastern Cape, KwaZulu-Natal and the Free State. Now they have moved from KwaZulu-Natal - I want to say this because everybody thinks they have to remain there – to Mpumalanga, Limpopo, North West and all the former Bantustans. That has to be done before Christmas in order to register as many children as possible so that they can receive their grants.
We take this opportunity to make an appeal to the members to use their free time to register these children for the child support grant and to give us the necessary information about those who are orphaned so that they could be part of our appeal to the Department of Justice to accelerate the process for them to get the Foster Care Grant.
In closing this debate, I want to appeal to and agree with everybody that we do not have the necessary expertise to implement this Bill. However, this Bill is necessary and we hope that it will drive different departments to move towards ensuring that what we think is best for children is achieved in South Africa during our lifetime.
We need more social workers, psychologists, psychiatrists and doctors for children in order to provide all these services. We also need more parents to take care of the children as well as stronger communities that will safeguard them so that they grow up to be as strong as Essop Pahad and all the other people who are strong … [Interjections.]
The DEPUTY SPEAKER: Hon Essop Pahad! [Laughter.]
The MINISTER OF SOCIAL DEVELOPMENT: Oh! The hon Minister Essop Pahad, and talk a lot too. [Laughter.] I would rely on this House and on all the members that sit here to say it is possible to make South Africa better for all children and to ensure that we have a better future for our country.
In ending, I would like to think about the many women who have led the ANC to this position - women such as Kate Molale, Florence Mophosho and those who came before them. Today, when we talk about children and democracy, it is them who put into the head of the ANC the idea that those children were more important than the soldiers who we were training. If we want a better South Africa we should prepare the children for that future.
To the millions we say: Ningadinwa nangomso. Enkosi. [We convey to you our appreciation. Thank you.] [Applause.]
The DEPUTY SPEAKER: Thank you, hon Minister. I see hon Turok is organising a standing ovation there. He didn’t even ask for permission from the Chair.
Certain textual corrections were tabled by the hon Masutha and copies of those corrections have been circulated to members. Are there any objections to the Bill, with the textual corrections, being read a second time? No objections.
1) On page 6, in line 25, after “section” to omit “136” and to insert “137”. 2) On page 8, in line 38, after “standards” to insert “for”. 3) On page 21, in line 54, after “who” to omit “contains” and to substitute “obtains”. 4) On page 28, in line 25, after “prescribed” to omit “by regulation”. 5) On page 29, in line 5, after “whose” to omit “foster”. 6) On page 29, in line 7, after “whose” to omit “foster”. 7) On page 32, in line 34, after “or” to omit “foster” and to substitute “temporary safe”. 8) On page 34, in line 38, after “care” to omit “placements” and to substitute “placement”. 9) On page 36, in line 20, before “must” to omit “schemes” and to substitute “scheme”. 10) On page 38, in line 13, after “persons” to insert “and”. 11) On page 39, in line 13, after “a” to omit “reform school” and to insert “school of industries”. 12) On page 42, in line 42, after “person” to insert “or”. 13) On page 43, in line 22, after “a” to omit “procedure prescribed by regulation“” and to substitute “prescribed procedure”. 14) On page 43, from line 24, after “a” to omit “procedure prescribed by regulation“ and to substitute “prescribed procedure”. 15) On page 47, in line 41, after “section” to omit “84” and to substitute “221”. 16) On page 48, in line 8, after “in” to omit “a” and to substitute “the”. 17) On page 49, in line 6, after “the” to omit “shelter or”. 18) On page 51, in line 5, after “in” to insert “a”. 19) On page 52, from line 11, after “section” to omit “85, 199 or 218” and to substitute “85, 100, 204 or 222”.
Bill, with the textual corrections, read a second time.
The House adjourned at 16:33. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
MONDAY, 5 NOVEMBER 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Classification of Bills by Joint Tagging Mechanism
(1) The Joint Tagging Mechanism, in terms of Joint Rule 160(6),
classified the following Bills as section 76 Bills:
(a) National Environmental Management Waste Bill [B 39 – 2007]
(National Assembly – sec 76).
(b) National Environmental Management: Integrated Coastal
Management Bill [B 40 – 2007] (National Assembly – sec 76).
-
Translations of Bills submitted
1) The Minister of Finance
a) Umthetho weeBhanki zeNtsebenziswano [B 13 – 2007] (National Assembly – sec 75).This is the official translation into isiXhosa of the Co-operative Banks Bill [B 13 – 2007] (National Assembly – sec 75).
National Assembly
- Referral to Committees of Papers tabled
Please note: The following item amends item 9 under the entry
“Announcements” published on page 2016 of the Announcements, Tablings
and Committee Reports of 26 October 2007:
1) The following paper is referred to the Portfolio Committee on
Finance for consideration and report and to the Portfolio Committee
on Safety and Security. The Report of the Auditor-General on the
Financial Statements is referred to the Standing Committee on
Public Accounts for consideration:
a) Report and Financial Statements of the Financial Intelligence
Centre for 2006- 2007, including the Report of the Auditor-
General on the Financial Statements for 2006-2007 [RP 133-
2007].
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Finance
(a) Report and Financial Statements of the Financial Services Board
on the Registrar of Pension Funds for 2005 [RP 97-2007].
National Assembly
-
The Speaker
a) Report of the Public Service Commission (PSC) on the Management of Poor Performance in the Public Service – August 2007 [RP 165-2007].
b) Report of the Public Service Commission (PSC) on the Management of Conflicts of Interest through Financial Disclosures – May 2007 [RP 20-2007].
(c) The President of the Republic submitted the following letter
dated 26 October 2007 to the Speaker of the National Assembly
informing Members of the Assembly of the employment of the South
African National Defence Force in Uganda:
EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE FOR A
SERVICE IN FULFILMENT OF THE INTERNATIONAL OBLIGATIONS OF THE
REPUBLIC OF SOUTH AFRICA TOWARDS THE REPUBLIC OF UGANDA
This serves to inform the National Assembly that I have authorised
the employment of the South African National Defence Force (SANDF)
personnel to the Republic of Uganda, in fulfilment of the
international obligations of the Republic of South Africa towards
the Republic of Uganda. The SANDF members will be deployed to
provide technical assistance in the destruction of explosives and
ammunition in Uganda.
This employment is authorised in accordance with the provisions of
section 201(2)(c) of the Constitution of the Republic of South
Africa, 1996, read with section 93 of the Defence Act, 2002 (Act No
42 of 2002).
A total of six (6) members will be employed for a maximum period of
three weeks as soon as all logistic and administrative arrangements
have been completed.
The total estimated cost to be borne by the government of the
Republic of South Africa for the deployment is R 140, 992.
I will communicate this report to members of the National Council
of Provinces and wish to request that you bring the contents hereof
to the attention of the National Assembly.
Regards
signed
TM MBEKI
COMMITTEE REPORTS
National Assembly
- REPORT OF THE AD HOC COMMITTEE ON NOMINATION OF A PERSON TO FILL A VACANCY ON THE COMMISSION FOR GENDER EQUALITY, DATED 25 OCTOBER 2007:
The Ad Hoc Committee was appointed by resolution of the House on 29
August 2007, to nominate a person to fill the vacancy on the Commission
for Gender Equality in terms of section 3(2) of the Commission on
Gender Equality Act (Act No 39 of 1996).
Fourteen curricula vitae were referred by the Speaker to the Ad Hoc
Committee on 20 September 2007.
The Committee shortlisted and interviewed the following six candidates:
• Ms Maleema Mapula Lebese
• Ms Cecilie Palmer
• Ms Evangelina Shirley Mabusela
• Ms Nditsheni Maanda
• Dr Andre Keet
• Ms Moira Thandoluhle Mpanza
Having interviewed the candidates, the Committee recommends that the
following person be nominated for appointment to fill the vacancy on
the Commission for Gender Equality.
• Dr Andre Keet
Report to be considered.
- Report of the Portfolio Committee on Communications to submit a shortlist of candidates for appointment to the Media Development and Diversity Agency Board, dated 02 November 2007:
The Portfolio Committee on Communications, having considered the
request of the National Assembly of 20 September 2007 to submit a
shortlist of candidates for appointment to the Media Development and
Diversity Agency Board in terms of section 4(1)(b) of the Media and
Diversity Agency Act, (No 14 of 2002), reports as follows:
The Committee invited the public to nominate persons for consideration
and recommendation to the Minister in the Presidency for appointment to
the Board. Nominations and applications were received from 25
individuals.
The Committee considered the nominations and agreed that the following
persons be shortlisted to be interviewed on 30 October 2007:
Prof Guy Berger, Ms Nomonde Gongxeka, Mr Hein Marais, Mr Thamsanqa
Masemola, Mr Siviwe Minyi, Ms Gugu Msibi, Ms Roslen Mullins and Prof
Devandiren Pillay .
After having considered the shortlist, and after having interviewed the
candidates, the Committee recommends that the House, in terms of
section 4(1)(b) of the Media Development and Diversity Act (Act no 14
of 2002) submits to the Minister in the Presidency a list of suitable
candidates to be appointed to the Board, namely:
Ms Gugu Msibi, Ms Nomonde Gongxeka, Prof Guy Berger and Mr Siviwe
Minyi. Report to be considered.
TUESDAY, 6 NOVEMBER 2007
ANNOUNCEMENTS
National Assembly
The Speaker
- Message from National Council of Provinces to National Assembly in respect of Bills passed and transmitted to Assembly for concurrence:
(1) Bill passed by Council on 6 November 2007 and transmitted for
concurrence:
(a) Mandating Procedures of Provinces Bill [B 8B – 2007)]
(National Council of Provinces – sec 76(2))
The Bill has been referred to the Portfolio Committee on Justice
and Constitutional Development of the National Assembly.
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Housing
(a) Report and Financial Statements of the National Home Builders
Registration Council (NHBRC) for 2006-2007, including the Report of
the Auditor-General on the Financial Statements for 2006-2007.
COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Communications on the Electronic Communications Amendment Bill [B38-2007] (National Assembly – sec 75), dated 6 November 2007:
The Portfolio Committee on Communications, having considered the Electronic Communications Amendment Bill [B38-2007] (National Assembly – sec 75), referred to it, and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B38A-2007].