National Assembly - 17 January 2008
THURSDAY, 17 JANUARY 2008 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 15:03.
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.
NEW MEMBER
(Announcement)
The Speaker announced that the vacancy that had occurred due to the resignation of Mr D H M Gibson from the National Assembly had been filled by the nomination, with effect from 15 January 2008 of Dr D T George.
OATH
Dr D T George, accompanied by Mr W P Doman and Mrs S V Kalyan, made and subscribed the oath, and took his seat. NOTICES OF MOTION
Mrs C DUDLEY: Madam Speaker, on behalf of the ACDP, I give notice that I shall move:
That the House debates the price of bread, the negative impact of this price on society and the need for an urgent intervention. Thank you.
Adv H C SCHMIDT: Madam Speaker, I hereby give notice that I intend moving on behalf of the DA:
That the House debates the following –
(1) the emerging crisis regarding the national supply of electricity and its impact on the economic sector; and
(2) the negative humanitarian consequences and adverse impact on investor confidence, including the steps government and Eskom are taking and ought to take to prevent this emerging crisis.
Ms A M DREYER: Madam Speaker, I hereby give notice that I intend moving:
That the House debates the merits of the Minister of Labour, Membathisi Mdladlana’s proposed changes to the Sector Education and Training Authorities, or Setas, and possible alternatives to this current system.
[Applause.]
INTERNATIONAL AWARD TO SOUTH AFRICA’S CONSERVATION PIONEER, DR IAN PLAYER
(Draft Resolution)
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, I move without notice:
That the House –
(1) notes that South African wildlife conservationist Dr Ian Player received the Peter H Capstick Award from the Dallas Safari Club and Ecological Foundation in the United States on Saturday, 12 January 2008;
(2) further notes that he joins the ranks of previous recipients that include former US President Theodore Roosevelt;
(3) recognises that he founded the Dusi Canoe Marathon which starts today, 17 January 2008, and that he won it three times;
(4) acknowledges the vital role he has played in influencing and educating young conservationists, especially through the Wilderness Leadership School which he founded in 1957;
(5) further recognises that the Peter H Capstick Award joins the many awards he has received in the past, which include the Knight of the Order of the Golden Ark and the Decoration for Meritorious Service; and
(6) congratulates him on this great honour that has been bestowed on him and on the contribution he has made to Africa and its conservation.
Agreed to.
ANC’S 52ND NATIONAL CONFERENCE IN POLOKWANE
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice: That the House –
1) notes –
a) that from 16 to 20 December 2007, the African National
Congress held its 52nd National Conference in Polokwane,
Limpopo; and
b) that the conference adopted various policies to inform its
work during the next five years and beyond;
2) recalls that the Conference reaffirmed the ANC’s commitment to the
creation of a truly democratic, nonracial, nonsexist and prosperous
South Africa;
[Laughter.] [Interjections.] It is a good thing that you laugh about “nonracial”.
(3) congratulates the ANC and its newly elected leadership on holding a successful conference; and
(4) wishes the new leadership success in their important work.
Thank you. [Applause.] Mr M J ELLIS: Madam Speaker, on a point of order: It is convention for these things to be circulated to parties beforehand. We as the DA are being asked to vote on something that is very strictly an ANC matter. I do wonder whether this is in fact exactly what the ANC intended us to do. It has not been circulated. We have not got it, and consequently we are a little bit stumped as to what we should do in this case.
The SPEAKER: Hon Chief Whip, I do request that the Whips continue to make it easy for the House to proceed with matters such as notices without motion.
However, having heard the content, do you have any objection, hon Ellis? [Interjections.] Well I see the head of the Chief Whip of the Opposition indicating there is no objection, and I take it there is no objection.
Mr M J ELLIS: That is it! [Applause.]
Agreed to.
BEST WISHES TO MEMBERS FOR 2008
(Draft Resolution)
Mrs S A SEATON: Madam Speaker, may I just, on behalf of the IFP, wish all members of this House a happy and prosperous 2008. Thank you. [Applause.]
Agreed to.
ELECTIONS IN KENYA
(Draft Resolution)
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:
That the House –
(1) notes that on Thursday, 27 December 2007, the people of Kenya went to the polls to elect a new president;
(2) further notes that the international observers who were there commended the manner in which the Kenyan people conducted themselves during the process of voting;
(3) recalls that the outcome of the election was disputed, resulting in violence breaking out. The violence is reported to have claimed more than 700 lives, destroyed property and displaced tens of thousands of people; (4) encourages all parties in Kenya to seek a peaceful resolution to the challenges their country faces; and
(5) conveys its condolences to Kenya for the lives that have been lost.
The SPEAKER: Are there any objections?
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, on a point of order: We did not receive a copy of this. There is an objection, particularly to the first part. I suggest you hold it over to the following meeting. Thank you.
The SPEAKER: Okay, hon members. We shall hold that in abeyance until such time as there has been proper consultation.
NEW SPRINGBOK COACH
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:
That the House –
1) notes that on Wednesday, 9 January 2008, Peter de Villiers became
the new coach of our national rugby team, the Springboks, taking
over from Jake White;
2) further notes that Peter de Villiers has coached a number of teams
before, including amongst others the Emerging Springboks, who won
the IRB tournament in Romania, and the South Africa U21 team, who
won the World Championship in 2005 and were the losing finalists in
2006;
(3) expresses its appreciation to the SA Rugby Board on the mature and visionary leadership they have displayed in crossing the racial prejudice divide; and
(4) congratulates Peter de Villiers on his appointment as the first black person ever to coach the Springbok Rugby team in our country.
[Applause.]
Agreed to.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:
That the House – 1) notes that on Thursday, 27 December 2007, Ms Benazir Bhutto and other Pakistani nationals were assassinated in Rawalpindi, Pakistan;
2) humbly urges the people and political parties in Pakistan to remain
calm during this very turbulent and trying period in their history
and to remain committed to the political processes towards
elections;
3) further urges the authorities in that country to leave no stone
unturned to ensure that the perpetrators of this heinous crime face
the full might of the law; and
4) conveys its condolences to the people of Pakistan and the Bhutto
family on the lives that have been lost as a result of the political
instability.
Agreed to.
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:
That the House –
(1) notes that –
(a) on Thursday, 3 January 2008, Mr Mlungisi Sisulu, the son of the
former Chief Whip of the Majority Party Max Sisulu, passed on
in London, England, while on a visit to that country; and
(b) at the time of his death, Mr Sisulu was a South African diplomat
based in Khartoum, Sudan, where he was the First Secretary;
(2) remembers that Mr Sisulu served the Department of Foreign Affairs and indeed the country with diligence, professionalism, loyalty and dedication; and
(3) conveys its condolences to his family, loved ones and the African National Congress.
Thank you.
Agreed to.
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, on a point of order: I certainly don’t object to that motion. But, may I just emphasise your point. I have spoken to the Chief Whip of the IFP and indeed I can speak for the DA that we have not received any copy of those motions that are without notice. Please, can we in future make sure that those are circularised appropriately! The SPEAKER: Hon Chief Whip, can we please just make sure that we sort this one out. I don’t think we need a debate on the matter.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, our apologies to any party which might not have received the motions. The information that we have is that they were circulated. If they weren’t, we will look into the matter. We apologise if this didn’t happen.
The SPEAKER: Apology accepted. I am quite sure hon … [Interjections.]
Mr J H VAN DER MERWE: Madam Speaker, the Deputy Chief Whip has also sent us motions without notice in the past. I just wonder whether the fact that he didn’t do it now has anything to do with the fact that he now wears a beard. [Laughter.]
The SPEAKER: I doubt that.
Is there any other motion without notice?
I must say, for a split second I didn’t recognise him. [Laughter.]
CHOICE ON TERMINATION OF PREGNANCY AMENDMENT BILL
(Decision of Question on Second Reading)
Question put: That the Bill be read a second time.
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, ours is just a small technical point, and that is that declarations of vote have been asked for but no one has ever asked us yet to vote. So, shouldn’t we first hear if there are objections?
The SPEAKER: Indeed, you are correct. I’d like those political parties that might want to make declarations of vote to make up their minds so that we deal with that quickly when we start.
Declarations of vote:
Mrs C DUDLEY: Madam Speaker, the ACDP opposes this Bill in the strongest possible terms and implores members of this House to make a stand and do the same. Do not let the blood of more innocent babies be on your hands.
In view on the tremendous public concern and in response to submissions made in the public hearings, the ACDP proposed eight amendments.
These amendments were aimed at not only protecting the women and children who may consider termination, but also providing protection for health care workers and professionals who choose not to participate in termination of pregnancy due to religious, ethical or moral beliefs. Court cases, where medical personnel have been discriminated against because of their convictions, are ongoing.
The ACDP amendments provide for mandatory counselling to ensure mothers are well informed about the risks of abortion and the alternatives available. Many women are suffering the consequences of abortions as they did not have enough information to make an informed choice. Physical, emotional and psychological risks must be weighed against the benefits.
The ACDP believes that by ignoring calls for explicit and mandatory counselling, legislators are setting themselves up to be sued in the future for suppressing information and the findings of medical research. Those, for whom we are seeking protection, could, in time, be asking for justice and compensation just as tobacco companies and mines have had to pay for the consequences of their neglect in failing to fully inform smokers and users of short-fibre asbestos.
The portfolio committee has sadly once again ignored input and proceeded unabated on a mission to steamroll the Choice of Termination of Pregnancy Amendment Bill through Parliament.
In addressing these issues, the ACDP does not waver in our conviction that the value of human life is priceless and that human life must be respected and protected absolutely from the moment of conception.
Debate on the controversial issues around the Choice of Termination of Pregnancy Act is generally suppressed. Presumably, government is aware that Members of Parliament may be persuaded to have the courage of their convictions and stand against legislation facilitating and expanding abortion on demand.
The great anti-slavery campaigner, William Wilberforce, understood that while people may ignore the truth, they still recognize it. So, he looked for ways to remind people of what they already knew in their hearts.
Independent polls show the 1996 abortion law to be South Africa’s most unpopular law and that nine out of ten South Africans believe that abortion is morally wrong. The vast majority of nurses and doctors oppose it and worldwide medical advances are giving more mothers reason to consider options other than abortion for their babies.
It is just a question of time before overwhelming public sentiment, opposing abortion, is expressed at the ballot box. Thank you.
Mr M WATERS: Thank you, Chairperson. The DA has twice stated its stance on the amendment to the Choice on the Termination of Pregnancy Bill - late last year and two years prior to that. We do have a free vote in the DA and we therefore will be calling for a division later on, Madam Speaker.
We have two points of concern which we have raised in the past. The first is that of nonmandatory counselling. We believe that counselling should be made mandatory, particularly for girls who go for abortions as they are unaware of the consequences of termination of pregnancy. Also, post- counselling is important in order for family planning to prevent repeat abortions taking place.
Our second concern is that of conscientious objection by medical staff. We believe that doctors, mid-wives and nurses have the right to exercise their conscience similar to that of the Civil Unions Bill, where marriage officers have the right to refuse people like myself from getting married. We believe they have a right to object and we believe that it should be written into the law.
Having said that, Madam Speaker, we have, on two previous occasions, stated our concerns with the Bill. Thank you very much. [Applause.]
Mr L M GREEN: Madam Speaker, the FD is in principle a strong defender of pro-life policies and will not support any legislation that promotes abortion on demand. Since 1997, when abortion became legal in this country, more than 500 000 women have terminated their pregnancies.
Is it not a contradiction that our law does not allow 16 year old teenagers to kiss in public but it allows a 12 year old pregnant girl to have an abortion without the knowledge or the permission of her parents?
One of the alleged apparent successes of the legalisation of abortion is a study done by the MRC on mortality among women during 1998-2001, which indicates that there was a reduction of up to 98% in deaths from unsafe abortions.
However, one of the primary failures, to date, with the abortion laws is the continued increase in the rate of abortions, especially amongst our youth. If legislation is aimed mainly at reducing the rate of mortality linked to unsafe abortions without helping to lower the demand for abortions, then our women still do not have a free enough choice to govern their own bodies.
The Bill aims to establish facilities that are better-equipped and safe for women requesting abortions. However, when the enactment of legislation only partially addresses the perceived problem, then a review is desperately needed.
The FD is of the opinion that to provide more and more facilities or even to enforce licensing upon health professionals to perform abortions whilst there is no downward trend in the demand for abortions not only impacts on the state’s governance capacity but also limits our society’s ability to advance in being truly free to respect life and human dignity.
During the public hearings and the debates in the portfolio committee, there was a suggestion that a clause be inserted allowing conscientious objection. The FD echoes the right to such recourse, which, besides strengthening the democratic values upon which our society is built, also adds respect among health professionals for one another’s moral principles.
Given the absence of such measures, as well as the inability of the health system to reduce the rate of abortions over the years, the FD is unable to see how the current legislation will make a difference in our society, and cannot support this amending Bill. I thank you.
Dr C P MULDER: Madam Speaker, this matter was before the House at the end of our session last year, and the only reason that we are dealing with it again today is because the ruling party couldn’t muster sufficient votes during that process. We all remember that. It seems that the new leadership elected in the party has had a very positive effect, if I look at the discipline that we see today with all the members who are present and ready to vote. [Interjections.] We take note of that positive change, which is what it seems to be.
Mevrou die Speaker, die feit van die saak is dat hierdie wetgewing reeds voor die Parlement was. Dit handel oor aborsie en die implikasies daarvan. Dit is omstrede wetgewing, want die feit van die saak is ’n 18-jarige meisie mag nie alkohol koop nie; sy mag nie ingaan in ’n restaurant waar ’n rookgedeelte is nie, maar ’n kind van 12 kan ’n besluit neem oor aborsie sonder om haar ouers te ken daarin. Ons weet wat die implikasies en die gevolge is op haar lewe later met so ’n tipe besluit. Dit is ingrypend en ons besef dit.
Die feit van die saak is hierdie wetgewing word deurgeforseer. Dit word op ons afgeforseer tot ’n groot mate, en ek het in die vorige debat reeds gesê dit is nodig dat ons ’n debat sal voer oor die werklike redes waarom die vrouens in die ANC so ongelooflik sterk voel oor hierdie saak. Daar is ander redes hoekom hulle so voel as wat voor die hand liggend is. Die effek van hierdie wetgewing is dat dit makliker gemaak word om aborsies deur te voer. Dit word gedensentraliseer na provinsiale vlak toe, asook ander probleme daarmee.
Die VF Plus, in beginsel, kan nie daarmee gaan nie. Ons sal teen die wetgewing stem. Geluk aan die ANC – ons hoop ons kan meer sien van die nuwe dissipline wat nou geld in die party. Baie dankie. (Translation of Afrikaans paragraphs follows.)
[Madam Speaker, the fact of the matter is that this legislation has already been tabled in Parliament. It deals with abortion and its implications. It is controversial legislation, because the fact of the matter is that an 18- year old girl is not allowed to buy alcohol; she is not allowed into the smoking section of a restaurant, but a child of 12 is allowed to make a decision about abortion without consulting her parents. We know what the implications and consequences of such a decision are for her later on in her life. It is far-reaching and we realise that.
The fact of the matter is that this legislation is being forced through. It is being forced on us to a great extent, and I already said in the previous debate that we need to have a debate about the actual reasons why the ANC women, in fact, feel so strongly about this matter. There are other reasons, not very obvious ones, why they feel that way. The effect of this legislation is that it makes it easier to perform abortions. It is being decentralised to provincial level, which results in other problems as well.
In principle, the FF Plus cannot go along with this. We will vote against the legislation. Congratulations to the ANC – we hope that we will see more of the new discipline that is in force in the party. Thank you very much.]
Ms M M MDLALOSE: Thank you, Madam Speaker.
Ngakithi uma amakhosikazi egiya aye esho isaga esithi “amatshitshi aphelile” bese engeza ngokuthi “wadla qembu elibusayo”.Kusho ukuthi ake sibhekisise-ke ngokusebenza kwalo Mthetho. Khona lapho ungenelisi khona. Nathi siyiqembu le-Nadeco asihambisani nalo Mthetho. (Translation of isiZulu paragraph follows.)
[In my area, when women perform a traditional dance, they sometimes shout: “There are no more virgins” and then add “There you go, oh ruling party”. This means that we have to look at the impact of this Act. There is something about it that is not satisfactory. As Nadeco, we also do not support this Act.] Madam Speaker, the Bill before this House empowers the MEC for health of a province to approve the facilities where terminations of pregnancy may take place in that province. This process needs to be applied stringently and be streamlined.
Recent media reports, in addition, state that a number of young women below the age of 18 are flocking to health facilities to exercise their right to terminate pregnancies. These young women face the danger of being preyed upon by illegal surgeries. It is these young women who are often desperate and vulnerable. That is what we should be keeping in mind as we deliberate upon this Bill. Thank you.
Mr L V J NGCULU: Madam Speaker, I think it is sad that when we attempted to vote on this Bill last time, the opposition sabotaged the voting. [Interjections.] You may howl.
One of the things we said last time we were debating this Bill is that this Bill, principally, is about the rights of women. One of the things that gratifies me as I stand here today is that as soon as we have voted on this Bill – as we are going to do – there are many reproductive alliance groups that are going to call a press conference, hailing the ANC for this decision. This is one thing that strengthens us, because all of us – those who stand for the rights of women, those who agree that women must be given the choice to decide about their reproductive rights - will actually be happy that indeed today that opportunity is going to be given.
When the ACDP, led by the hon Cheryllyn Dudley, raised this particular question on counselling, she actually spoon-fed those she wanted to talk to about counselling. Yet, in the Bill, counselling is there but it states that it must be nondirective and nonmandatory so that, again, the central piece of the Bill on choice is actually the determinant. You must not actually put your own subjective interests forward in the determination of this particular issue.
On the question of conscientious objection, we must always move from the premise that those who practise - medical professionals, midwives and nurses – enter the profession by their own choice. No-one is compelled to be a doctor; no-one is compelled to be a nurse; no-one is compelled to be a midwife. [Applause.] How then, when you determine your own profession, do you think there must be a conscientious objection? It is disingenuous and manipulative for the opposition to put forward this particular view.
Again, I want to say that it gratifies me as a member of the ANC and I am sure many members of the ANC and, going broader, those who support the emancipation of women and a nonsexist South Africa that, as we go out after voting, the reproductive rights alliance is going to go outside and congratulate the ANC on the decision that would take South Africa towards saving many women who would have died in backstreet abortions. That is what gratifies me. [Applause.] We shall be voting for this Bill. Thank you very much. [Applause.]
The SPEAKER: I was told that a division would be demanded. Is that true?
Mr M J ELLIS: Madam Speaker, yes, we do call for a division on behalf of those members who would like to vote against this piece of legislation.
Division demanded.
The SPEAKER: Hon members, would you all please take your seats. I would like to remind members that they may only vote from their allocated seats. I also wish to remind members that in terms of Rule 89 every member present in the Chamber when the question is put with the doors locked shall vote. When requested to do so members must simply indicate their vote by pressing the appropriate button. If a member inadvertently presses the wrong button, the member may thereafter press the correct button. The last button pressed will be recorded as the member’s vote when the voting session is closed by the Chair.
The question before the House is that the Choice on Termination of Pregnancy Amendment Bill be read a second time. Voting will now commence. Those in favour of the Bill being read a second time should press the “yes” button, those against should press the “no” button. Those wishing to abstain must press the “abstain” button.
The House divided:
AYES - 266: Ainslie, A R; Anthony, T G; Arendse, J D; Asmal, A K; Balfour, B M N; Baloyi, M R; Bapela, K O; Beukman, F; Bhoola, R B; Bloem, D V; Bogopane-Zulu, H I; Bonhomme, T J; Booi, M S; Botha, N G W; Burgess, C V; Cachalia, I M; Cele, M A; Chalmers, J; Chohan, F I; Coetzee, R; Combrinck, J J; Cronin, J P; Cwele, S C; Dambuza, B N; Daniels, P; Davies, R H; De Lange, J H; Diale, L N; Didiza, A T; Dikgacwi, M M; Dithebe, S L; Dlali, D M; Dlamini-Zuma, N C; Doidge, G Q M; Du Toit, D C ; Fazzie, M H; Fihla, N B; Fraser-Moleketi, G J; Frolick, C T; Fubbs, J L; Gabanakgosi, P S; Gcwabaza, N E ; George, M E; Gerber, P A; Gigaba, K M N; Godi, N T; Gogotya, N J; Gololo, C L; Gore, V C; Greyling, C H F; Gumede, D M; Gumede, M M; Gxowa, N B; Hajaig, F; Hanekom, D A ; Hangana, N E; Hendricks, L B; Hendrickse, P A C; Hlangwana, N; Hogan, B A; Holomisa, S P; Jacobus, L; Jeffery, J H; Johnson, C B; Johnson, M; Jordan, Z P; Kalako, M U; Kasienyane, O R; Kasrils, R; Kekana, C D; Khauoe, M K; Khoarai, L P; Kholwane, S E; Khumalo, K K; Khumalo, K M; Khunou, N P; Kohler-Barnard, D; Komphela, B M; Kondlo, N C; Koornhof, G W; Kota, Z A; Kotwal, Z; Labuschagne, L B; Landers, L T; Lekgetho, G; Lekota, M G P; Lishivha, T E; Louw, J T; Louw, S K; Lowe, C M; Ludwabe, C I; Mabandla, B S; Mabena, D C; Mabudafhasi, T R; Madella, A F; Madumise, M M; Magau, K R; Magubane, N E ; Mahlaba, T L; Mahlangu-Nkabinde, G L; Mahlawe, N M; Mahote, S; Maine, M S; Maja, S J; Makasi, X C; Makgate, M W; Malahlela, M J; Maloney, L; Maluleka, H P; Maluleke, D K; Manana, M N S; Manuel, T A; Mapisa-Nqakula, N N; Martins, B A D; Masango, S J; Maserumule, F T; Mashangoane, P R; Mashiane, L M; Mashigo, R J; Mashile, B L; Masutha, T M; Mathibela, N F; Matlala, M H; Matsemela, M L; Matsepe- Casaburri, I F; Matsomela, M J J ; Maunye, M M; Mayatula, S M; Mbili, M E; Mbombo, N D; Mdaka, N M; Mdladlana, M M S; Mentor, M P; Meruti, M V; Mgabadeli, H C; Mkhize, Z S; Mkongi, B M; Mlambo-Ngcuka, P G; Mlangeni, A; Mnguni, B A; Mnyandu, B J; Moatshe, M S; Modisenyane, L J; Mogale, O M; Mogase, I D; Mohlaloga, M R; Mokoena, A D; Mokoto, N R; Moleketi, P J ; Monareng, O E; Montsitsi, S D; Moonsamy, K; Morgan, G R; Morkel, C M; Morobi, D M; Morutoa, M R; Morwamoche, K W; Mosala, B G; Moss, L N; Moss, M I; Motubatse-Hounkpatin, S D; Mpahlwa, M B ; Mshudulu, S A; Mthethwa, E N; Mtshali, E; Mzondeki, M J G; Ndlazi, Z A; Ndzanga, R A; Nel, A C; Nene, M J ; Nene, N M; Newhoudt-Druchen, W S; Ngaleka, E; Ngcengwane, N D; Ngcobo, B T; Ngcobo, E N N; Ngcobo, N W; Ngculu, L V J; Ngele, N J; Ngwenya, M L; Ngwenya, W; Nhlengethwa, D G; Njikelana, S J ; Njobe, M A A; Nkuna, C; Nogumla, R Z; Nqakula, C; Ntuli, M M; Ntuli, R S; Ntuli, S B; Nwamitwa-Shilubana, T L P; Nxumalo, M D; Nxumalo, S N ; Nyambi, A J; Nzimande, L P M; Olifant, D A A; Oliphant, G G; Oosthuizen, G C; Padayachie, R L; Pahad, A G H; Pahad, E G; Pandor, G N M; Phadagi, M G; Phungula, J P; Pieterse, R D; Radebe, B A; Radebe, J T; Rajbally, S ; Ramakaba-Lesiea, M M; Ramgobin, M; Ramodibe, D M; Ramotsamai, C P M; Rasmeni, S M; Reid, L R R; Rwexana, S P; Schippers, J; Schneemann, G D; Schoeman, E A; Seadimo, M D; Sefularo, M; Sekgobela, P S; Selau, J G; Semple, J A; September, C C; Shabangu, S; Sibande, M P; Sibanyoni, J B; Sibidla, N N; Siboza, S ; Sikakane, M R; Sithole, D J; Skhosana, W M; Skweyiya, Z S T; Smith, V G; Solo, B M; Solomon, G; Sonjica, B P; Sonto, M R; Sosibo, J E; Sotyu, M M; Stephens, J J M; Steyn, A C; Surty, M E ; Swanson-Jacobs, J; Thabethe, E; Thomson, B; Tinto, B; Tlake, M F; Tobias, T V; Tolo, L J; Tsenoli, S L; Tshabalala-Msimang, M E; Tshivhase, T J; Tshwete, P; Turok, B; Twala, N M; Van den Heever, R P Z; Van der Merwe, S C ; Van Der Walt, D; Van Wyk, A; Vundisa, S S; Wang, Y; Xingwana, L M ; Yengeni, L E; Zita, L; Zulu, B Z.
NOES - 52: Bekker, H J; Blanché, J P I; Boinamo, G G; Botha, C-S; Chang, E S; Cupido, H B ; Davidson, I O; Delport, J T; Ditshetelo, P H K; Doman, W P; Dreyer, A M; Dudley, C; Ellis, M J; Farrow, S B; George, D T; Green, L M; Jenner, I E; Julies, I F; Kganyago, N M; King, R J; Marais, S J F; Mars, I; Meshoe, K R J; Mfundisi, I S; Mulder, C P; Mulder, P W A; Ngema, M V; Opperman , S E; Pheko, S E M; Pule, B E; Rabie, P J; Roopnarain, U; Sayedali-Shah, M R; Schmidt, H C; Seaton, S A; Selfe, J; Seremane, W J; Sibuyana, M W; Simmons, S; Skosana, M B; Smuts, M; Spies, W D; Swart , M; Swart, P S; Swart, S N; Swathe, M M; Van der Merwe, J H; Van Dyk, S M; Van Niekerk, A I; Vos, S C; Waters, M; Zikalala, C N Z.
ABSTAIN - 12: Bici, J; Camerer, S M; De Lille, P; Direko, I W; Greyling, L W; Kalyan, S V; Leon, A J; Madikiza, G T; Mdlalose, M M; Mohamed, I J; Sigcau , S N; Xolo, E T.
The SPEAKER: Have all members voted? Thank you. The voting session is now closed.
Hon members, the results are as follows: There were 12 abstentions, 52 members voted against and 266 members voted “yes”. [Applause.] The Secretary will read the Bill a second time. [Interjections.] [Laughter.]
Question agreed to.
Bill accordingly read a second time.
The SPEAKER: The Bill will be sent to the NCOP for concurrence. Hon members, that concludes the business for the day. The House is adjourned.
The House adjourned at 15:41. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
FRIDAY, 23 NOVEMBER 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Introduction of Bills
(1) The Minister of Transport
a) Cross-Border Road Transport Amendment Bill [B 51 – 2007]
(National Assembly – proposed sec 75) [Explanatory summary of
Bill and prior notice of its introduction published in
Government Gazette No 30485 of 23 November 2007].
Introduction and referral to the Portfolio Committee on Transport
of the National Assembly, as well as referral to the Joint Tagging
Mechanism (JTM) for classification in terms of Joint Rule 160.
In terms of Joint Rule 154 written views on the classification of
the Bill may be submitted to the JTM within three parliamentary
working days.
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
(a) The Budget and Strategic Plan of the Auditor-General for 2008-
2011 [RP 231-2007].
- The Minister of Trade and Industry
a) Report of the South African Council for the Non-Proliferation of
Weapons of Mass Destruction for July 2006 to June 2007.
National Assembly
- The Speaker
(a) Request from the Minister of Communications for approval by the
National Assembly of the following candidate recommended for
appointment to the Independent Communications Authority of South
Africa in terms of section 7 of the Independent Communications
Authority of South Africa Amendment Act, 2006 (Act No 3 of 2006).
Referred to the Portfolio Committee on Communications for
consideration and report.
FRIDAY, 30 NOVEMBER 2007
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Classification of Bills by Joint Tagging Mechanism (JTM)
(1) The JTM in terms of Joint Rule 160(6) classified the following
Bill as a section 75 Bill:
a) Technology Innovation Agency Bill [B 49 – 2007] (National
Assembly – sec 75)
- Translations of Bills submitted
(1) The Minister of Minerals and Energy
a) uMthetho wokuChibiyela uKulawulwa kukuGesi [Um 20D – 2006]
(National Assembly – sec 76).
This is the official translation into isiZulu of the Electricity
Regulation Amendment Bill [B 20D – 2006] (National Assembly – sec
76).
(2) The Minister for the Public Service and Administration
a) Staatsdienswysigingswetsontwerp [W 31 – 2006] (National
Assembly– sec 76).
This is the official translation into Afrikaans of the Public
Service Amendment Bill [B 31 – 2006] (National Assembly – sec 76).
(3) The Minister of Trade and Industry
a) Nawumbisi wa ku Cinca Nawu wa Rixaka wa ku Beja [B 31 – 2007]
(National Assembly – sec 76)
This is the official translation into Xitsonga of the National
Gambling Amendment Bill [B 31 – 2007] (National Assembly – sec 76).
(4) The Minister of Finance
a) Umthetho Oyilwayo Wolungelelwaniso Lohlahlo-Mali [B 41 – 2007]
(National Assembly – sec 77)
This is the official translation into isiXhosa of the Adjustments
Appropriation Bill [B 41 – 2007] (National Assembly – sec 77).
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
(a) Report and Financial Statements of the Independent Electoral
Commission (IEC) for 2006-2007, including the Report of the Auditor-
General on the Financial Statements and Performance Information for
2006-2007 [RP 103-2007].
- The Minister of Finance
(a) General Notice No 1634 published in Government Gazette No 30464
dated 13 November 2007: Draft Municipal Asset Transfer Regulations:
Call for comments, in term of the Local Government: Municipal
Finance Management Act, 1999 (Act No 1 of 1999).
(b) Government Notice No R.1026 published in Government Gazette No
30420 dated 26 October 2007: Correction notice: Amendment of
Schedule No 1 (No 1/1/1346) in terms of the Customs and Excise Act,
1964 (Act No 91 of 1964).
(c) Government Notice No R.1071 published in Government Gazette No
30460 dated 16 November 2007: Amendment of Schedule No 4 (No 4/302)
in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
- The Minister of Water Affairs and Forestry
(a) Report and Financial Statements of Albany Coast Water for the
year ended 30 June 2007, including the Report of the Independent
Auditors on the Financial Statements for the year ended 30 June
2007.
National Assembly
- The Speaker
Please note: The following item amends item 1(a) under the entry
“Tablings – The Speaker”, published on page 2389 of the Announcements,
Tablings and Committee Reports of 23 November 2007:
(a) Request from the Minister of Communications for approval by the
National Assembly of the following candidate recommended for
appointment to the Independent Communications Authority of South
Africa in terms of section 7 of the Independent Communications
Authority of South Africa Amendment Act, 2006 (Act No 3 of 2006):
Ms R Msiza.
Referred to the Portfolio Committee on Communications for consideration
and report.
b) Letter from the Minister of Education, dated 22 November 2007, to
the Speaker of the National Assembly, in terms of section 65(2)(a)
of the Public Finance Management Act, 1999 (Act No 1 of 1999),
explaining the delay in the tabling of the Annual Reports of the
South African Council of Educators (SACE) and Umalusi for 2006-
2007.
Late Tabling of the Annual Reports of the South African Council of
Educators (SACE) and Umalusi
Dear Ms Mbete
I wish to apologise for not tabling the Annual Reports of SACE and
Umalusi by 30 September 2007, as required in terms of section 65 of
the Public Finance Management Act, 1999.
SACE indicated that there were delays in finalising the audit for
the 2006/07 financial year. Furthermore, before printing they had
to present their annual report to their Council for the final
adoption of the audited financial statements. The Council meeting
was scheduled for 6 and 7 September 2007. SACE underestimated the
time it will take to print the annual report. They apologised for
this oversight.
In respect of Umalusi, the annual report was submitted to the paper
store in Parliament on 29 August 2007. The Department was not
informed that the annual report had been delivered. It was only
discovered on investigation after the end of September 2007.
Both these entities have met all the requirements regarding the
submission and the auditing of the financial statements to the
Auditor-General. Their annual reports were tabled in Parliament on
10 October 2007.
I trust that my sincere apology will be appreciated.
With my best wishes
Yours sincerely
GNM Pandor, MP
Minister of Education
c) Letter from the Minister of Arts and Culture, dated 23 November
2007, to the Speaker of the National Assembly, in terms of section
65(2)(a) of the Public Finance Management Act, 1999 (Act No 1 of
1999), explaining the delay in the tabling of the Annual Reports of
PACOFS, Luthuli Museum and the Nelson Mandela Museum for 2006-2007.
EXPLANATION FOR THE LATE TABLING OF ARTS, CULTURE AND HERITAGE
INSTITUTIONS’ ANNUAL REPORTS IN ACCORDANCE WITH SECTION 65(2)(A) OF
THE PUBLIC FINANCE MANAGEMENT ACT, NO 1 OF 1999: 2006/2007
Dear Ms Mbete
In terms of section 65(1)(a) of the above-mentioned Act the annual
reports and financial statements, and the audit reports on those
statements, of Arts, Culture and Heritage institutions listed below
were not tabled by 30 September 2007.
The following are reasons for the late tabling of reports:
1. PACOFS
In April 2007 the PACOFS Board suspended three senior employees
including the CEO and CFO pending the outcome of a forensic
investigation.
These employees were instrumental in producing annual financial
statements, relevant HR reports and other important documentation
pertaining to the compilation and approval of the PACOFS annual
report for 2006/2007.
PACOFS submitted its annual financial statements late due to the
above mentioned situation. External auditors appointed by the
Office of the Auditor-General subsequently commenced the annual
PACOFS audit on 4 June 2007.
The Audit and subsequent finalization of the Audit Report is
therefore behind schedule.
In the light of the above-mentioned situation PACOFS is not in a
position to submit the PACOFS annual report for 2006/2007 before 30
September 2007 for tabling in Parliament.
2. Luthuli Museum
Although the submission of the Annual Financial Statements by the
Museum to the Auditor-General was late (6 June 2007 versus 31 May
2007) the finalization of the Audit was in this period hampered by
the protracted exchanges between the Museum personnel and the
Auditor Generals Office resulting in the financial statements being
revised numerous times.
The Museum Director also had to be hospitalized in this period
following emergency surgery. As a key player in the production of
the Annual Report this situation has impacted negatively on the
finalization thereof.
The Annual Report of the Luthuli Museum is in its final stages of
completion and will be tabled in the near future.
3. Nelson Mandela Museum
In May 2007 the Chief Financial Officer wrote a letter to the
Department requesting an extension for the submission of the Annual
Financial Statements to the Auditor General. The Nelson Mandela
Museum first submitted their Annual Financial Statements to the
Auditor General on 29 June 2007 and the Auditor general rejected
the Annual Financial Statements as they were signed by the CEO Mr K
Mpulwana.
After a great deal of contact between the CEO, the Auditor and the
Department, the Auditor General finally accepted the fact that Mr
Mpulwana was authorized to sign the Annual Financial Statements.
He signed the statements in his capacity as Accounting Authority as
the Museum was operating without a council. The council was only
subsequently appointed.
The Annual Financial Statements was finally submitted to the
Auditor General on 16 August 2007 and the Audit is at present in
progress.
Yours sincerely
Z PALLO JORDAN
MINISTER
COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Housing on the Annual Report and Financial Statements for 2006/2007 of the Department Housing, dated 06 November 2007:
The Portfolio Committee on Housing, having been briefed by the Department of Housing on its Annual Report and Financial Statements of Vote 28 for 2006-2007, including the Report of the Auditor- General on the Financial Statements of Vote 28 for 2006-2007, referred to it, reports that it will further interact with the department and deliberate on the report.
-
Report of the Portfolio Committee on Transport on oversight visits to eight host cities and Department of Transport, dated 25 June 2007:
The Portfolio Committee on Transport (National Assembly), having undertaken oversight visits to the National Department of Transport and eight host cities, reports as follows:
-
Introduction
- In the course of the Parliamentary second term, the Transport Portfolio Committee in the National Assembly has conducted a relatively intensive oversight programme to assess transport preparations for the 2010 FIFA World Cup. The Committee has interacted with the National Department of Transport (DoT), including a full-day interaction with departmental staff in the head office in Pretoria. The Committee has also conducted a series of oversight visits to host cities. At the time of completing this report, eight of the nine host cities (Johannesburg, Polokwane, Nelson Mandela, eThekwini, Rustenburg, Mangaung, Mbombela and Cape Town) had been visited. For the moment, the Committee has been unable to establish a date with the City of Tshwane.
1.2 Cabinet has identified public transport as the primary legacy that should be derived from our hosting of the World Cup. If the opportunity of hosting the 2010 FIFA World Cup is to be used to provide a sustainable transport legacy, then planning and the assurance of effective funding for public transport systems needs to be more or less completed already, and full- scale implementation needs to be underway in the coming months, if this is not already the case.
- The relatively tight time-lines that we are now facing need to
be further appreciated in terms of the FIFA requirement that no
major infrastructural construction should be underway in the
host cities for six months prior to the actual event in June
- This means that there are, effectively, just two-and-a- half years in which to complete significant public transport transformation.
-
In this report the Committee will raise a number of concerns about the current state of progress. In the light of attempts in some quarters, mostly outside of our country, to suggest that South Africa will not be able to host a successful FIFA World Cup, The Committee wishes to state up-front that they have no doubt that the capacity to provide effective transport for the event itself exists within our country and that we will rise to the occasion. The Committees concern relates less to event-oriented transport provision in the narrower sense, and much more specifically to the question of ensuring that an effective and sustainable public transport legacy will be laid down.
- In the light of the tight deadlines, the Committee has decided to produce this interim report on its work before the end of the Parliamentary second term. The Committee will focus on some key areas of concern, making recommendations which it believes needs to be addressed by the Executive with a sense of urgency. It will consider compiling a fuller report providing much more specific details once it has completed its round of host city oversight visits and other ongoing oversight work.
2 Reinforcing dedicated 2010 capacity in the National Department
of Transport
2.1 In the budget hearings with the DoT on March 20th, 2007, the
Committee was informed that the DoT had a staff vacancy rate of
41%. The Director General assured the Committee that 50% of
these vacancies “were in the process of being filled”. It is
possible that some progress has since been made, but that still
leaves a very high level of vacancy. Whatever the general
levels of staff shortage, the shortage of senior DoT staff
working in a relatively dedicated way on 2010 was very evident
to the Committee. It was also raised as a concern with
theCommittee by a number of host cities.
2.2 At present there is only one senior official, a Chief Director,
who is working full-time on 2010 in the DoT. The official
reports to an Acting Deputy Director who heads the Department’s
Programme Four (Integrated Planning and Inter-sphere Co-
ordination). This programme has four sub-programmes, of which
2010 co-ordination is one. The Committee was impressed with the
competence and long work hours put in by both the Chief
Director and Acting Deputy Director General, but it was clear
that they were seriously over-stretched. Many other senior
officials in the DoT are also actively involved with 2010
matters, and the Committee was impressed with the general
understanding senior members of the DoT brought to the
challenges - but they all have many other responsibilities and
principal points of focus.
2.3 This situation should be compared to Germany’s World Cup
preparations where, the committee has been told; the Local
Organising Committee had a team of 80 full-time transport
specialists. The committee understands that a similar sized
team of transport experts is working full-time on London’s 2012
Olympic preparations.
2.4 The Committee recommends that the DoT should urgently build up a
dedicated 2010 transport team. The committee has been told that
R65m has been allocated to the DoT for capacity-building for
2010. We further understand that the DoT intends to allocate
R15 of this sum to strengthen its own needs and turnover of
R50m will be allocated to host cities.
5. An important role for such a team should be to support the work
of the host cities, through:
• Augmenting city capacity where it is needed, which may
require some full-time secondment to host cities;
• Ensuring a more effective flow of national information on
2010 transport. Several host cities commended the early
support they had received from the DoT but added that
“things have gone a bit quiet over the past six months”;
• Assisting host cities to more effectively access national
transport entities – for instance, Nelson Mandela Bay
Municipality is uncertain what ACSA’s plans are for the
Port Elizabeth airport. This is impacting upon their road
based transport infrastructure planning in terms of
connecting the airport to local hotels. eThekwini
expressed even stronger concerns and uncertainties about
road access to the planned new King Shaka airport at La
Mercy; and
• Ensuring that there is effective coordination between
provinces and host cities.
2.6 The committee recommends that much more detailed planning and
integration with city base plans are essential.
3. Challenges in host cities
1. The level of planning and preparedness varies greatly from host
city to city. In some of the major cities, including City of
Johannesburg (CoJ), eThekwini Cape Town and Nelson Mandela Bay
Municipality there are clearly competent transport teams in
place, most planning is effectively completed and
implementation of the main 2010 projects and systems is poised
for roll-out. However, in each of these cities there are
challenges and frustrations that needs to be addressed some of
which will be noted below.
2. Other cities, Polokwane and Rustenburg in particular, appear to
have made very little progress and there are serious capacity
and other concerns that will also be noted below.
4. Johannesburg
1. The Johannesburg 2010 flag-ship public transport project is the
Rea Vaya Bus Rapid Transit system based on dedicated bus-lanes
in the media. Phase one of the project, which is scheduled to
be operational by 2009 in time for the Africa Confederations
Cup, will involve at least 94 km of dedicated bus-lanes and
will provide an estimated 413,000 passenger trips per day. The
first phase runs on several key routes including a major south-
north line from Lenasia through Soweto to Sunninghill, another
line begins in Alexandra, and there are lines around and
through the CBD. The routes take in the two Johannesburg 2010
stadiums - Soccer City and Ellis Park - as well as some of the
training stadiums. The capital expenditure will be R2,1bn, and
the city expects to have secured all funding by January 2008.
2. Costing less than one-tenth of the Gautrain project, and with a
first phase that will transport about four times more
passengers, this is a major project. The CoJ is receiving full
support for the Rea Vaya project from National Treasury and has
successfully accessed other financial assistance.
3. The CoJ has, however, identified several potential risks to the
Rea Vaya project, including:
• The slow pace at which Environmental Impact Assessment
approvals particularly in regard to heritage sites are
moving;
• Uncertainty about the provincial Operating Licensing Board
and the province’s impending conclusion of new bus
contracts and subsidy policies and whether these will be
coordinated with Rea Vaya planning;
• The dangers of competing provincial initiatives on similar
routes that will undermine the financial sustainability of
Rea Vaya – the example of the recent Monorail proposal was
cited.
4. The CoJ also mentioned capacity challenges. In this regard the
Committee believes that the CoJ should consider building a full-
time Rea Vaya team. At present leading officials dealing with
Rea Vaya are not full-time on this project, they all have other
transport responsibilities. In particular, the Committee
believes that, while strong engineering, infrastructural and
town-planning skills exist within the City, much greater
attention should be given to the very complex area of
institutional development, financial models, and BRT
operational and regulatory features. The CoJ is pioneering one
of the first integrated public transport systems ever in South
Africa. It plans to integrate the city-owned Metrobus, the
privately owned Putco, and the taxi associations currently on
the routes, into BRT operating consortia. This is a highly
commendable approach, but it is an extremely complex matter
which cannot be left to the last few months before the first
phase becomes operational. Integrated mass-based, public
transport systems have not been built in South Africa for 40
years and more, if at all. Experience and skills, particularly
in regard to public transport financial, institutional,
business-planning and the operating and regulatory systems are
not readily available. Experienced international transport
economists and operational planners may well have to be brought
in, to work closely with South African counterparts.
5. The CoJ is of course involved in numerous other 2010-related
transport projects including park and ride facilities for
access to stadiums, coordination with the SA Rail Commuter
Corporation on stadia-related stations, access to fan parks,
and the first phase of an International Transit and Shopping
Centre for buses and taxis arriving from the Southern African
region, and even further afield on our continent.
5. E- Thekwini
1. The Committee was also impressed with the senior officials in
this metro and with the detailed 2010 transport planning
processes underway. After considerable evaluation, eThekwini
has decided not to go for a full BRT system as their principal
2010 flagship public transport legacy project. Instead they
have decided to focus on upgrading, extending and revitalising
the north-south rail corridor. They indicate that they are
working closely with the SA Rail Commuter Corporation/Metrorail
in this regard. Most of the infrastructure expenditure will
have to be borne by SARCC/Metrorail.
2. Using existing rail infrastructure obviously has many
advantages, however, a major challenge will be to greatly
improve on the very low present levels of rail ridership on the
corridor – a mere 17,000 out of a current 200,000 public
transport passenger trips per day (the majority of them
currently in minibus taxis).
3. The City’s major contribution to the north-south rail corridor
is an ambitious plan to transform the Warwick Junction
precinct. In terms of passenger movements, Warwick Junction is
by far the City’s major rail station and transport interchange
hub with several major taxi ranks. It is also a thriving
commercial centre for small traders. However, the present
reality is chaotic – different taxi ranks are located
irrationally, pedestrians have to cross the extremely busy N3
main route into Durban from Gauteng, the area has the highest
concentration of pedestrian fatalities in the country, and the
commercial potential of the location is compromised.
4. The City has completed extensive planning for a major overhaul
of the Warwick Junction area. The overhaul involves
transforming existing taxi ranks and regulating them more
effectively, so that taxi associations servicing townships in
the North, West and South of the City are respectively located
on the appropriate side of the precinct (which is not the case
at present). The overhaul also involves building a fly-over for
the Gauteng-Durban road at this point, to create a safer
pedestrian and public transport environment below. Despite
planning having been completed for some years, the project has
failed, for some reason, to secure DoT support, and therefore,
there has not been funding for it. Unless approval is secured
before September 2007, it will be too late to proceed with the
renewal ahead of 2010.
5. The DoT’s reluctance to support the project appears to be based
on the belief that this is basically a car-friendly, free-way
oriented project. The proposed fly-over is about pedestrian
safety and about freeing up ground-level space to public
transport. The Committee recommends that the DoT should engage,
as a matter of urgency, at a high level with eThekwini to
clarify this matter. The Committee further recommends that
eThekwini’s Warwick Junction transformation plans should be
fully supported as a key component of providing a 2010
transport legacy.
6. eThekwini has many other important public transport plans
related to 2010 – including an inner-city People Mover bus
project. This project envisages, stadium related pedestrian
infrastructure, public transport priority lanes on some east-
west corridors, and a proposed extension of the rail line to
Bridge City in the North.
7. eThekwini is also engaging the taxi industry with a view to
developing an active role for existing associations as feeders
for the flagship north-south rail corridor and in regard to the
inner-city people mover they intend to remove existing taxi
operators from these routes. While commending the objectives of
this process, the Committee is concerned that the City does not
yet seem to have very clear ideas about exactly how taxi
association cooperation will be secured, and particularly what
business and financial models and integrated operating systems
are envisaged. Once again, the Commitee believe this reflects
the relative strengths on the engineering and town planning
side in our country, and the relative lack of expertise in
operationalising integrated mass public transport networks. The
Committee recommends that this should be an important area of
assistance that should be provided by a dedicated DoT 2010
transport team as envisaged in 2.5 above.
8. The city officials raised a concern that the plans to beautify
the access routes to stadium have not yet identified funds.
9. Serious concerns around road access and transport plans for the
new King Shaka airport under construction at La Mecy as noted
above, the committee recommend that the DoT as a matter of
urgency ensures that the is dynamic interaction between the
City and ACSA.
6. Nelson Mandela Bay Municipality
1. The NMBM has opted for a BRT system as its flagship 2010 public
transport legacy project. Route planning is more or less
complete, and the city has decided to go for low-floor, left-
door buses on the system, partly because it will not be a fully
closed BRT system throughout, and will therefore rely on
kerbside loading in some cases. The city is relatively sure of
adequate funding for the project. In the view of the Committee,
here as elsewhere, the principal challenges lie in the
operational, business, financial and regulatory models. The
city is currently in negotiations with eight taxi associations
operating on the proposed BRT route. It envisages breaking the
Algoa Bus Company’s current single contract for the whole city
into five and combining Algoa Bus Company and taxi operators
into consortia. The proposal is to have a negotiated contract
for BRT routes.
2. Nelson Mandela Bay Municipality officials have identified as
potential risks to their 2010 transport programmes several
issues, among them:
• A lack of in-house capacity. The Committee believes that
this applies less to infrastructural, engineering and town-
planning capacity, and rather more to operational,
business, financial and regulatory capacity for the BRT;
• Slowness in obtaining environmental impact assessment
approvals. The city officials recommended that national
government considers establishing a 2010 fast-track
capacity in the Department of Environmental Affairs and
Tourism – not in order to avoid effective environmental
impact assessments, but in order to ensure that delays on
this front do not undermine the whole objective of using
2010 to lay down an effective (and environmentally
enhancing) public transport legacy. The Committee
recommends that this proposal should be seriously
considered.
3. As mentioned in 2.5 above, Nelson Mandela Bay Municipality also
expressed concern about a lack of clarity around ACSA’s plans
for Port Elizabeth airport. This hampers their own ability to
plan effectively for road transport and infrastructure to cater
for the anticipated 2010 surge in passengers through the
airport – an estimated 5000 per day compared to the current
1200.
4. It is anticipated that significant number of 2010 visitors and
perhaps even teams will be based in East London. This requires
that urgent attention be given to upgrade the R72 and or N2
between the two cities.
7. Polokwane
1. The Committee is very concerned with what they found in
Polokwane. The City does not appear to have any serious 2010
public transport planning in place. In fact, it has not even
completed its regular Integrated Transport Plan, as is required
by the National Land Transport Transitional Act.
2. For the present, 2010 transport projects involve widening to
four lanes the main access roads to the stadium but with little
thought given to a public transport legacy. The Committee was
told by the mayor that public transport is a “provincial
matter”.
3. The city is also planning to build a bus and taxi rank near the
rail station for cross-border international transport. The city
is still in negotiation with Transnet, which owns the land for
this proposed rank. It is upgrading and extending a second
existing rank for domestic buses and taxis but at some distance
from the proposed international rank - that is, without any
consideration for integrating national, domestic and road and
rail modes. This second rank which is under extension is close
to a third taxi rank that is being unused. The city officials
were unable to provide satisfactory explanations for any of
this. Nor were they able to provide any sense of current
ridership levels on different routes. The Committee was
referred to “studies that are still underway”.
4. Planning for the road-based connections to the airport at
Polokwane are also a serious matter of concern. The Committee
did not have a sense that any serious planning or consultation
is happening in this regard.
5. It is true that smaller host cities like Polokwane may well not
encounter as many inherent transport challenges as cities like
Tshwane, Johannesburg and Cape Town that already face serious
daily congestion problems. However, the Committee believes that
the situation in Polokwane needs to be addressed as a matter of
urgency. In particular, the Committee recommends that the DoT
and the Limpopo provincial Department of Transport engage
actively with the city.
8. Rustenburg
1. The Committee was equally unimpressed with the state of
preparedness and planning in Rustenburg.
2. There is absolutely no evidence of any attempt to lay the
ground for an effective post-2010 public transport legacy. 2010
transport planning seems to be almost exclusively focused on
the access roads to the stadium. Nothing appears to be planned
for the CBD, except the widening of one intersection.
8.3 No mention was made of work with or transformation of the
existing bus and taxi operations. One official told the
Committee that they “think” they might upgrade one taxi rank.
8.4 The Committee obviously strongly recommends that the DoT devotes
focused attention to the situation in Rustenburg as a matter of
priority.
-
Mbombela 9.1 In many respects the capacity challenges are similar in Mbombela, Polokwane and Rustenburg. There was, however, in the Committee’s estimation one very important difference. The officials in Mbombela were not defensive and readily admitted that they needed considerable assistance with transport and spatial planning and project management.
-
The 2010 stadium is a new stadium currently under construction some 5 km outside of the city. This obviously means that Mbombela has no experience at this time of hosting major events at the location. They therefore have no experience to draw upon in trying to anticipate likely challenges. This is one critical area in which they will require technical assistance as soon as possible.
-
The privately-owned and managed Kruger Mpumalanga International Airport (KMIA) will also be key for the hosting of 2010. The Committee was informed that there is uncertainty at present about its future ownership structure, and there had been talks about a possible purchase by the provincial government. The Committee was told that this had caused uncertainty and reluctance by private investors to upgrade. This, in turn, created uncertainty for the city in terms of planning road access to and from the airport. Clearly any uncertainty about this matter must be clarified as soon as possible, so that planning and implementation are not hampered.
- Two major road infrastructure projects are under-way, the upgrading of the N4 and the R40 (Mandela Drive), both of which are bypasses around the city, and both of which pass close to the stadium under construction. The N4 upgrade is being handled by SANRAL, and the R40 by the province. It was not clear to the Committee the degree to which these major investments and the city’s transport planning were all being coordinated and integrated. This is clearly an important task for a DoT 2010 team.
-
There is no forum in place between the city and the main local bus operator (Buscor) to plan for 2010. Nor is there any apparent engagement of this kind with local taxi associations.
-
The largest taxi rank is privately owned. There have been recent upgrades of taxi ranks in the neighboring towns of Hazy View and White River.
-
The City believes that there might be scope in the run-up to 2010 for improving the current Spoornet/Shosholoza Meyl station which is on the line from Maputo to Gauteng. But there appears to have been no formal discussion with relevant entities.
- Mbombela also briefed the Committee on NMT projects including cycle-way. It is unclear to the committee how these plans are and what funding they will receive .The DoT should engage with the city in this regard.
-
-
Mangaung
10.1 Mangaung has clearly done considerable planning in regard to the
2010 event itself, and in particular in regard to access to the
stadium. The city has an advantage in that the existing
stadium, located close to the CBD, only requires relatively
minor upgrading.
10.2 For event-related access they are focusing on converting some
streets into pedestrian walkways, and there is generally an
important focus on non-motorised transport, including cycle-
ways. A new access road is being constructed, and a large new
rank and parkade for taxis and buses will be built.
10.3 The Committee was told that the city has been in discussions
with SANRAL on the link road to the airport. It was not clear
to the Committee what progress has been made in this regard.
10.4 The City also referred to the upgrading of the ACSA-owned
airport, but again they were unable to provide any clear
indication of an effective working relationship with ACSA.
10.5 The City officials indicated to the delegation that they expect
many 2010 passengers to be arriving by train. It was not clear
to the delegation whether this has been substantiated by any
serious research, however, the station is old and in need of
considerable upgrading. The City does not appear to be in
contact with Transnet about its plans in regard to the station.
10.6 The delegation was also told that the province is considering
revitalising the Botshabelo rail-line.
10.7 In general, the Committee formed the impression of a city that
has begun to do useful planning on event-related access,
especially in the general vicinity of the stadium. However, in
regard to laying down a public transport legacy, very little
serious planning has happened. The city would greatly benefit
from focused DoT and National Treasury’s support particularly
in regard to funding proposals and planning. The city would
also benefit from more dynamic information sharing with other
host cities, particularly with those that are beginning to
develop exciting public transport legacy projects.
- Cape Town
11.1 The City of Cape Town has developed extensive and detailed plans
for a post-2010 public transport legacy. The plans are part and
parcel of their ongoing integrated transport planning process.
The City has also conducted relatively extensive public and
transport operator consultation, and the Committee strongly
commends this.
11.2 This consultative approach was also borne out in our own
Committee hearing with the City, which was attended by a large
number of City officials, councillors, officials from the
provincial department of transport, MPLs from the provincial
legislature, and members of the media. The Committee again
commends this approach, the more multi-sectoral buy-in there
is, the more the chance of success.
11.3 However, the City appears to be a few months behind cities like
Johannesburg and Nelson Mandela Bay in the finalisation of its
plans, and this might present a challenge in meeting deadlines
for funding. With the right assistance from DoT and from the
National Treasury, this challenge should not be (and cannot be
allowed to be) insuperable.
11.4 Senior City officials indicated that they had “found it
difficult to implement transport projects without funding up-
front”. While understanding this concern, in the view of the
Committee this problem has related more to a tendency in the
recent past for the City (and Province) to tailor cut and trim
transport projects around diverse funding streams, like
existing bus subsidies, rather than to plan boldly for
integrated networks. This tendency has, perhaps, been
exacerbated by the City and Province’s experience with the stop-
start Klipfontein bus corridor project, an earlier forerunner
of the kind of BRT system now being implemented by the City of
Johannesburg. The operational sustainability of the original
Klipfontein project was uncertain because of the relatively low
density of the route. But it was also a project that was
proposed at a time in which there was little available budget
for major integrated rapid public transport networks. That has
now changed.
11.5 The Cape Town Metrorail system carried some 601 000 passengers
per day according to a rail census carried out in 2004. In Cape
Town, uniquely for a South African city, rail is the primary
public transport mode, accounting for 53% of public transport
trips. The rail network penetrates extensive middle to high
income areas as well as many low income areas, and therefore
has the potential to connect and integrate the city. In its ITP
and 2010 transport legacy planning, the City is, therefore,
quite correctly placing considerable emphasis on investment and
improvement in the rail network.
11.6 Among the targets on priority rail corridors are:
• An 18 hour service day;
• Punctuality with 95% of trips on time
• Frequencies in the peak with a train every 5 minutes, and
in off-peak every 20 minutes.
7. The priority projects include:
• Extension of the Khayelitsha line with two new stations
• Refurbishment of the fleet
• Increase in the operational rail fleet from 80 to 93 trains
on priority corridors
• Upgrading Cape Town station
8. These rail projects clearly require close work with
SARCC/Metrorail. The City assured the Committee that this
cooperation is proceeding well.
9. Ahead of 2010, the City also plans an extensive network of
busways as the first phase of a more comprehensive system.
Priority corridors for phase 1 are:
• Klipfontein Corridor including the N2 busway
• Landsdowne Corridor
• Koeberg Road/including the N1 busway
• Symphony Way Corridor.
11.10 Some of these busways will involve full bus rapid transit
infrastructure - median busways and median stations, platform-
level boarding, and pre-board fare collection. The Committee had
the impression that some of the bus planning remains incomplete
and the observations made in 11.4 above apply particularly to
these planned road-based public transport corridors. City of
Cape Town like same of the other major cities has strategically
form planning and transport team capacity but lacking public
transport network skills. The committee recommends that the DoT
assist in this regards.
-
Summary and general recommendations
12.1 The Committee recommends that the DoT develops and scales up a dedicated 2010 team that is able to assist host cities.
12.2 In the larger host cities that the Committee have visited Johannesburg, eThekwini, Cape Town and Nelson Mandela Bay relatively good 2010 transport legacy planning is more or less completed. However, in the view of the Committee, each of the cities requires dedicated assistance, mostly in the area of organizational, business- and finance-planning, regulation and operationalising of the mass public transport network systems that they are proposing. This may well require importing some experienced international public transport experts, as there is, as far as we know, very little expertise within our country in these areas. 12.3 In other host cities that we visited, with the possible exception of Mangaung,it is probably already too late to attempt to roll-out a catalysing mass public transport network as a 2010 legacy. In these cities a more modest focus on some infrastructure legacy and, above all, a narrower focus on transport preparations for 2010 itself may be the key priority challenge.
12.4 Government should give consideration to a fast-tracked mechanism for EIAs related to building 2010 transport infrastructure. This should not be seen as an attempt to avoid effective environmental impact assessments, but rather as a means to ensure that unnecessary delays do not completely compromise projects that are now working to very tight deadlines. The committee recommends that the proposed DoT dedicated 2010-team pay particular attention to inter-sphere, cooperation and ongoing engagement between the three spheres of government.
12.5 The Committee has not been able to visit the City of Tshwane, but it hopes to do so in the coming months.
12.6 Although it is not a host city as such, Ekurhuleni is a critical Metro from the point of view of 2010 and transport legacy. A major point of entry for 2010 international visitors will be Oliver Tambo International Airport, which is located within its boundaries. Ekuruleni will have an important responsibility for ensuring effective road-based transport connections and facilities in and around the airport. Ekurhuleni needs also to be more effectively engaged with, for instance, the City of Johannesburg’s Rea Vaya BRT system.
12.7 The Committee wishes to thank all of those who hosted it’s visits, prepared inputs for thier hearings, and facilitated it’s work.
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TUESDAY, 15 JANUARY 2008
ANNOUNCEMENTS
National Assembly
The Speaker
- Membership of Assembly
The following member vacated his seat in the National Assembly with effect from 1 December 2007:
Maziya, M A.
TABLINGS National Assembly and National Council of Provinces
- The Minister of Finance
(a) Government Notice No 1088 published in Government Gazette No
30484 dated 16 November 2007: Recognition of stock exchange in
terms of the definition of ‘‘Recognised Exchange’’ in paragraph 1
of the Eighth Schedule of the Income Tax Act, 1962 (Act No 58 of
1962).
(b) Government Notice No R. 1094 published in Government Gazette No
30486 dated 23 November 2007: Amendment of Schedule No 1
(No1/2/148) in terms of the Customs and Excise Act, 1963 (Act No 91
of 1964).
(c) Government Notice No R. 1095 published in Government Gazette No
30486 dated 23 November 2007: Amendment of Schedule No 1 (No
1/1/1347) Correction Notice in terms of the Customs and Excise Act,
1963 (Act No 91 of 1964).
(c) Government Notice No R. 1096 published in Government Gazette No
30486 dated 23 November 2007: Amendment of Schedule No 3 (No 3/623)
Correction Notice in terms of the Customs and Excise Act, 1963 (Act
No 91 of 1964).
(d) Government Notice No R. 1097 published in Government Gazette No
30486 dated 23 November 2007: Amendment of Schedule No 4 (No4/309)
Correction Notice in terms of the Customs and Excise Act, 1963 (Act
No 91 of 1964).
(e) Government Notice No R. 1098 published in Government Gazette No
30486 dated 23 November 2007: Amendment of Schedule No 5 (No5/86)
Correction Notice in terms of the Customs and Excise Act, 1963 (Act
No 91 of 1964).
(f) Government Notice No R. 1099 published in Government Gazette No
30486 dated 23 November 2007: Amendment of Schedule No 6 (No6/11)
Correction Notice in terms of the Customs and Excise Act, 1963 (Act
No 91 of 1964).
- The Minister of Home Affairs
(a) Report and Financial Statements of Vote 4 — Department of Home
Affairs for 2006-2007, including the Report of the Auditor-General
on the Financial Statements and Performance Information of Vote 4
for 2006-2007 [RP 208-2007].
- The Minister of Water Affairs and Forestry
(a) Government Notice No R. 1036 published in Government Gazette No
30427 dated 31 October 2007: Regulations on financial assistance to
resource poor farmers in terms of section 62 read with section 61
of the National Water Act, 1998 (Act No 36 of 1998).
National Assembly
-
The Speaker (a) Letter from the Minister of Water Affairs and Forestry, dated 21 November 2007, to the Speaker of the National Assembly, in terms of section 6(3) of the National Forest Act, 1999 (Act No 84 of 1998).
REPORT TO PARLIAMENT ON THE STATE OF SOUTH AFRICA’S FORESTS IN COMPLIANCE WITH SECTION 6(3) OF THE NATIONAL FORESTS ACT, 1998 (ACT NO. OF 1998) The National Forests Act, 1998 (Act No 84 of 1998) (NFA) place a legal obligation on the Minister to monitor forests to ensure sustainable forest management. In terms of section 6(3) of the NFA, I the Minister must report to Parliament at least every three years on the following:
(a) The facts and trends revealed by the monitoring process; (b) whether the observed facts and trends are consistent with the national interest; (c) the measures being implemented to address negative trends; and (d) any other relevant issues related to South African Forests.
In compliance with the above mentioned requirements, the department of Water Affairs and Forestry (DWAF) compiled a report on the state of South Africa’s forests and this report covers the period 2004 to 2006. The system used to monitor the performance of forest management in South Africa is the Principles, Criteria, Indicators and Standards (PCI&S) framework. It is not mandatory as yet for the sector to report on the PCI&S framework and DWAF is in the process of making it compulsory to facilitate future monitoring and reporting. However, the attached report was produced based on the information derived through the use of the PCI&S framework.
Both the full report on the state of the forests in South Africa and its summary are enclosed for your consideration and further action Yours sincerely MRS L B HENDRICKS, MP MINISTER OFWATER AFFAIRS AND FORESTRY
THURSDAY, 17 JANUARY 2008
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Assent by President in respect of Bills
(1) Government Immovable Asset Management Bill [B 1B—2006] —Act No 19 of 2007 (assented to and signed by President on 22 November 2007).
(2) Criminal Law (Sexual Offences and Related Matters) Amendment Bill [B 50D—2003]—Act No 32 of 2007 (assented to and signed by President on 13 December 2007).
(3) Cross-boundary Municipalities Laws Repeal and Related Matters Amendment Bill [B 25—2007]—Act No 24 of 2007 (assented to and signed by President on 13 December 2007).
(4) Constitution Thirteenth Amendment Bill [B 24—2007] (assented to and signed by President on 13 December 2007
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Transport
(1) Report and Financial Statements of Urban Transport Fund for 2006- 2007, and the Report of the Auditor-General on the Financial Statements and Performance Information for 2006-2007 [RP 246-2007].
COMMITTEE REPORTS
National Assembly
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