National Assembly - 19 August 2008
TUESDAY, 19 AUGUST 2008 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 14:08.
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 vacancies which occurred in the National Assembly owing to the passing away of Ms N C Kondlo and the resignations from the National Assembly of Messrs A M Maziya and S A Mshudulu, had been filled with effect from 7 August 2008 by the nomination of Messrs J H Nash, A C Jacob and K K M Nyembe, respectively.
OATH
Messrs J H Nash, A C Jacob and K K M Nyembe, accompanied by Mr T R Mofokeng and Mrs D M Morobi, made and subscribed the oath and took their seats.
WELCOMING EMINENT GUESTS
(Announcement)
The SPEAKER: Hon members, I would like to recognise some guests who are on the gallery and in particular, to highlight the presence of the Speaker of the National Assembly of the Parliament of Namibia, hon Theo-Ben Gurirab. [Applause.] I would like to take this opportunity to notify the House that this is the gentleman we are hoping to elect as the president of the International Parliamentary Union in October, in Geneva. [Applause.] I would also like to welcome the hon Nalumango, the Deputy Speaker of the National Assembly of the Republic of Zambia. [Applause.]
We have also been joined by the hon members of the Republic of Sudan. [Applause.] We have the pleasure of also welcoming the male veterans of the 1956’ Women’s March. We would like them to rise so that we can see them. [Applause.] They are very shy, but there they are. [Applause.] They helped in organising that event; and accompanied the women and were around to make sure that it happened. We also welcome all the other participants of the Women’s Parliament of 2008. You are welcome to the National Assembly. [Applause.] APPOINTMENT OF LEADER OF GOVERNMENT BUSINESS
(Announcement)
The Speaker announced that Mr K P Motlanthe had been appointed as Leader of Government Business with effect from 18 July 2008.
NOTICE OF MOTION
Ms D KOHLER-BARNARD: Madam Speaker, I hereby give notice that on the next sitting day I intend moving the following substantive motion:
That the House, in the light of the admission by Deputy Minister of Justice Johnny de Lange in the Review of the Criminal Justice System presented to the Portfolio Committees on Justice and on Safety and Security that –
1) “the situation is sometimes so overwhelming that we don’t know
what to do about crime. We have not necessarily taken the right
decisions over the past fifteen years or used resources
efficiently. We have to brace ourselves now”;
2) last year 655 000 dockets and 720 000 cases were thrown out of
court and more than 50 percent of all crime scenes are not being
combed for forensic clues;
3) a large portion of all reported crime is never solved;
4) district courts only finalise six cases a month and most court-
rooms operate for only three hours of every eight-hour day; and
5) “our whole area of keeping statistics ... is a completely and
utterly fragmented and dysfunctional system”,
appoints an Ad Hoc Committee to investigate whether both the Minister of Safety and Security and the Minister of Justice and Constitutional Development are fit to hold public office.
PRESENCE OF FIRST LADY
(Announcement)
The SPEAKER: Hon members, before I proceed, I wish to correct an error, that of omitting to mention the presence of the First Lady. [Applause.]
CONGRATULATIONS TO KHOTSO MOKOENA ON WINNING OLYMPIC SILVER MEDAL IN
BEIJING
(Draft Resolution) The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, I move without notice:
That the House –
(1) notes that South African long and triple jumper Godfrey Khotso Mokoena won a silver medal at the Olympic Games in Beijing on 18 August 2008;
(2) further notes that this is South Africa’s first medal of the 2008 Olympic Games;
(3) recognises that twenty-three year old Mokoena only started his international athletics career seven years ago at the 2001 World Youth Championships making him one of the exciting young talents in South African athletics and an inspiration for all young athletes dreaming of a career in the international arena; and
(4) congratulates him on his win and wishes all our South African athletes who are competing in the Olympic Games well for their remaining events.
Agreed to.
NATIONAL WOMEN’S DAY NOTED
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:
That the House, noting that 9 August is National Women’s Day -
1) recalls that the 52nd anniversary celebrations of the women’s march
to the Union Buildings provides us with the opportunity to reflect
on the advances that have been made over the past fourteen years,
as well as the profound contribution that women have made in the
struggle against poverty;
2) believes that all of us must engage in a common struggle to fight
patriarchy to strive for gender equality to build a society that
truly belongs to all who live in it, women and men, black and white
and that all manifestations and consequences of patriarchy, from
the feminisation of poverty, physical and psychological abuse, the
undermining of self-confidence to open and hidden forms of
exclusion from positions of authority and power, need to be
eliminated; and
3) calls on all South Africans to ensure that the agenda of women’s
emancipation is given the consistent attention and prominence it
deserves so that we can move with due speed towards a non-sexist
society. Agreed to.
COUP IN MAURITANIA CONDEMNED IN STRONGEST POSSIBLE TERMS
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:
That the House -
1) notes that on Wednesday, 6 August 2008, the democratically elected
government of Mauritania was overthrown in a military coup by the
defence force of that sister country;
2) further notes that the actions of the Mauritanian military are
against the standing positions of the African Union (AU);
3) condemns, in the strongest possible terms, the seizure of power in
Mauritania through unconstitutional means; and
4) calls upon the military leadership of Mauritania to return power to
the democratically elected government and abide by the democratic
processes agreed to by the African Union.
Agreed to. SOUTH AFRICA HOSTS 28th SUMMIT OF SADC HEADS OF STATE AND GOVERNMENT
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:
That the House -
1) notes that from 16 to 17 August 2008 South Africa hosted the 28th
Summit of the Southern African Development Community Heads of State
and Government in Johannesburg;
2) commends the progress made by the SADC towards deeper integration
and the launch of the SADC Free Trade Area (FTA), the positive
economic performance recorded by SADC member states in 2007 as well
as the ongoing efforts to address issues of food security and the
consolidation of peace and democracy in the region;
3) believes that we must deepen our collective efforts aimed at
ensuring peace and democracy as prerequisites for the realisation
of a people-centred and people-driven development agenda; and
4) congratulates Presidents Thabo Mbeki and Joseph Kabila on their
election as Chairperson and Deputy Chairperson of the SADC
respectively.
Agreed to.
MOTION OF CONDOLENCE
(The late former Minister of Intelligence Joseph Mbuku Nhlahla)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:
That the House -
1) notes with sadness the death of former Minister of Intelligence
Joseph Mbuku Nhlanhla on Wednesday 2 July 2008;
2) recognises that the fall of this stalwart and great leader of the
liberation movement after a long illness marks an end of a life
spent in pursuit of the goals of the struggle for freedom, and
once freedom was achieved, his became a life dedicated to ensuring
that our country was stable and secured and that his life speaks
of dedication to the goal of creating a South Africa that truly
belonged to all who live in it;
3) acknowledges the great contribution that the late Joe Nhlanhla made
as a Member of Parliament from 1994 to 2001;
4) believes that he has discharged his responsibilities with
dedication, discipline, diligence and humility; and
5) conveys its condolences to the Nhlanhla family and the African
National Congress.
Agreed to, all members standing.
Parliament empowering women for poverty eradication
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move:
That the House, noting that the Women’s Parliament is taking place at Parliament on 19 and 20 August 2008 under the theme “Parliament empowering women for poverty eradication” in accordance with the first Millennium Development Goal to eradicate poverty and hunger by 2015 –
1) acknowledges that this annual event has become an opportunity for
women to discuss challenges that face them; to interact with
members of Parliament about key issues that affect their lives and
to discuss ways in which they can be empowered in order to uplift
themselves from poverty and hunger;
2) notes that the 2008 Women's Parliament will reflect on previous
Women's Parliaments;
3) also notes that the progress made in giving effect to the
declarations of the Conference on Women and the Economic Recovery
of Africa, hosted by Parliament in 2006, will be reviewed and
deliberations will take place on “Women and macroeconomic policy”;
4) further notes that the declarations of the 9th Conference of the
Pan-African Women’s Organisation, Pawo, held in 2007 in Ekurhuleni
will be reviewed and deliberations will also take place on
“The role of social movements and regional women’s organisations in
eradicating poverty and economically empowering women”;
5) wishes all the participants in the Women’s Parliament well in their
proposed activities; and
6) looks forward to soon receiving the Women’s Parliament's report and
recommendations on the crucial issues that will have been
discussed.
Agreed to.
ENDING IMPUNITY FOR SEXUAL AND GENDER-BASED VIOLENCE: AN OUTCOME OF THE PAN- AFRICAN CONFERENCE HELD IN KENYA, JULY 2008
(Debate on Women’s Parliament)
CongratulationS TO deputy speaker
The SPEAKER: Hon members, before I call upon the first speaker I would like to bring to the attention of the House, that 15 August was the birthday of the Deputy Speaker. I hope that the House agrees with me that we should congratulate her for the fact that she was still alive when she reached that day - and the first speaker is the hon Deputy Speaker. [Applause.]
The DEPUTY SPEAKER: Madam Speaker, Deputy Speaker of the Republic of Zambia, and Speaker from Namibia, it has been a long day for us, including having birthday celebrations as well.
It is both a singular honour, and indeed, a great privilege that I speak in this Assembly in the 14th year of our fledgling democracy for which the vast majority of our womenfolk have tirelessly sacrificed in bringing about. Today’s debate, “Ending impunity for sexual and gender-based violence: An outcome of the Pan-African conference held in Kenya in July 2008” is most relevant and appropriately timed with our Women’s Parliament 2008.
Madam Speaker, allow me to welcome to the National Assembly the delegates of the Women’s Parliament representing all our provinces in South Africa. [Applause.]
This year’s Women’s Parliament is special in more than one way. It marks the end of tenure of the 3rd Parliament. But it will also be used as a benchmark to evaluate how best an event like this can be turned into good use when going forward.
It’s us, the leadership, and you, hon delegates to this Parliament, who are charged with such a mammoth task, but also a fulfilling one. This indeed grants us an opportunity to set a milestone; a milestone that will leave a legacy for other events to emulate. I can frankly announce that as you are seated here hon members, you are bound to make or be part of history.
As we ponder, reflect and copiously take stock of whence we come as a nation, there is at times this growing temptation to overlook some of the gains we have made under our multiparty democratic rule that pays a high premium on fundamental basic human rights. It is a clear departure from the past where there was no regard for the rule of law.
Today we have a Constitution that guarantees equality across gender, race, culture, and sexual orientation. Our Bill of Rights, in particular, confers certain inalienable rights, including the right to human dignity, equality and wholesome citizenship.
Our country has followed the lead of many other African countries in ensuring that a concerted effort is made with regards to the representation of women across all strands of national life, including, of course, the government, the public sector, commerce and industry, and in higher education.
We have done a lot for the people of South Africa. We have budgeted a lot of money for the people of South Africa, but our people remain poor. And what these hon guests to our Parliament will be doing in these two days is to investigate and try to find out what is wrong. Why is it that the intended budget that is meant to change the lives of many people in South Africa does not reach them?
This morning we heard a very interesting analysis by the CEO of Transnet, Maria Ramos, and we want to understand – and this is what these members, who are our guests, are doing - that if we have such a lot of money budgeted for our hospitals. Why is it that when we go to the hospitals we don’t get any medication? Where is the problem? Having had in conversations with women across the length and breadth of our country, one abiding observation that has always stick with me in those conversations is the growing perception of a culture of impunity in our country. While I agree that such impunity may well reside at the level of perception, I contend, however, that it would be naïve to see impunity as being wholly reducible to perception.
But then where, when and how does impunity begin?
In considering this question, it would be imprudent not also to, simultaneously, focus our microscopic lenses onto our gendered social stratum that instils in young women passivity and submission as naturalised hallmarks of their femininity, while purporting aggression to epitomise the highest and idealised form of masculinity. These modes of thinking, of course, find expression in beliefs, values and norms of modern society.
Thus male aggression is naturalised and celebrated the same way as female passivity, submission and silence are idealised.
In breaking this cycle of violence, especially these forms of violence against women and children, I need to pause and think about the inputs given to the Women’s Parliament this morning by our First Lady, Sis’, Zanele Mbeki, that there is a lot that we as women can do, and there is a lot that we are just looking at even if we think that we could do something about it and yet we prefer not to be involved.
When the President of the Pan-African Parliament, Gertrude Mongella, also mentioned that what is wrong with us women: Why when we are supposed to be vocal we prefer to be silent? She was challenging all of us saying that we have never even once as Members of Parliament said something as a collective about the plight of women in Zimbabwe, and yet we enjoy the title of being referred to as “honourable”.
We have also looked at the role of the families and how we teach the boy child to socialise. We teach the boy child to know that he is above the girls and yet when he grows up to behave like that as a man, we are surprised as to what went wrong. We teach them that it is not right to wash dishes that they can throw their socks and shirts everywhere and when they continue with that behaviour we are surprised. We don’t say anything when they slap the little sister because they are supposed to be the man and the man can do that. So, we also have a role to play as women. However, this is not a role that we should play on our own; it is a role that we should play together with their fathers.
We need to develop a new cadre of leadership in combating violence against women and children. We need a cadre that is not only visionary and astute, but one that can lead from the front and be exemplary. Such a new cadre of leadership ought to be one that eschews political convenience and places the needs, desires and aspirations of our people at the centre. In other words, such centrality has to mean putting survivors of sexual and gender- based violence at the very core of all that we do.
It was very sad for us in Kenya to hear how many women were affected during the past disturbances in that country and yet we chose not to do anything. In fact, during that whole time we were told about what happens in other countries the women of Kenya were not allowed to speak about their own cases.
Madam Speaker, as we go towards the last days of our Women’s Parliament we want to thank all those women who are making a difference. Madam Speaker, I did condemn that report on your behalf. I hope you are also going to endorse the fact that ever since we signed CEDAW and the Optional Protocol, this country has only sent one report to the UN. We have not done so for the past eight years.
What I did is that I wrote to the Minister responsible on your behalf, Madam Speaker, and this morning a director came to brief us. And if we did not make that intervention this morning, it seems the report was going to go all the way to the UN - the one that we have just intervened to make sure that there is a joint report dating back to 1998. For almost ten years the UN does not know what we are doing and yet in all our speeches we make reference to the CEDAW and the Optional Protocol.
Now we have a combined report that still has to serve at Cabinet and we have, on your behalf, Madam Speaker, rerouted that report so that it does not go to the UN until it comes here because this is where the public representatives are. [Applause.]
I want to thank you, Madam Speaker - I don’t have much time to thank you - but I want to say that when you spoke about the Women’s Parliament four years ago, I never thought that it was going to be such a big occasion for the women, not only of South Africa but also women from Namibia and Sudan who are now participating and women from Uganda have also landed here. This has now become a continental thing!
President Mongella said she would also like us to go into the deepest Africa and make sure that the women who are less privileged than us benefit from the lessons that we have taught ourselves and the lessons that we are being taught.
Thank you very much, Madam Speaker. We hope that this Women’s Parliament is not going to be the last. We hope that 2009 will continue where we will stop tomorrow. Thank you. [Applause.]
Mrs S V KALYAN: Madam Speaker, it’s a privilege to speak in this debate on the occasion of the Women’s Parliament of 2008 on the topic that affects every fibre of society, namely, sexual and gender-based violence. Somewhere and somehow, it would appear that we have forgotten that the family is the basic unit of society, where the role of a man in the family unit was that of a protector. In many cases he has now become the violator, and it is clear that the role of men has to be redefined.
Where the art of sex is supposed to be a beautiful act of expressing emotion, love, procreation and intimacy, it is now increasingly being used as a weapon to control, to harm and to traumatise. The reality is that the incidences of sexual violence on women are on the increase and it is estimated that every thirty seconds, a sexual assault is committed on either a woman or a girl in Africa. Sexual violence is used both in conflict and nonconflict situations.
The Pan-African conference, on ending impunity for sexually-based violence, addressed this scourge with great vigour in July this year. The general consensus was that sexual gender-based violence undermines women’s and girls’ rights to autonomy, bodily integrity, human dignity, sexuality, security and tranquillity. A disturbing finding was that the inadequate responses by societies and governments have portrayed this phenomenon as an abuse that we are quite willing to live with. Now, this cannot be allowed to happen.
As parliamentarians we have to support the commitment to ending impunity and promote accountability. One of the first things that we should do is to focus on women survivors and mobilise support in the fight against sexual gender-based violence. What this really means is securing resources like social services, education, post-exposure prophylaxis, emergency contraception - the morning after pill - mental health and trauma support.
The Nairobi Declaration on the Right of Women and Girls to Reparation is a step in the right direction. While money can never ease the pain and trauma of sexual violence, at least it can allow her to rebuild and move forward.
The DA supports the call to develop a gender violence index to hold government accountable in their efforts to reduce the prevalence of sexual gender-based violence and calls on this House to put a mechanism in place to set it up.
We as parliamentarians have a duty to underscore unfailingly that violence against women and girls is a major driver and consequence of HIV/Aids.
The DA recently held an imbizo with victims of crime. We got to listen to Jess Ford, who was gang-raped by five men in the presence of her father. She has been brave to see the opportunity in her crisis and says that while those men took away something from her that she can never ever get back, they didn’t break her spirit. She is using this traumatic experience to help other women in similar situations by establishing an organisation called POWA. It’s about war on rape. To all those women who have been sexually assaulted, talk about it, it is very cathartic and healing. We salute Jess Ford and all the women who have been victims of sexual violence.
In conclusion, from the DA, we would like to endorse the call by the Deputy Speaker that all the country’s reports, the Small Enterprise Development Agency and those that are on HIV/Aids should be brought to this Parliament before it’s taken to the United Nations. I thank you. [Applause.]
Ms S C VOS: Madam Speaker, these debates we hold year after year continue in importance because they continue to highlight the various aspects of the plight of women and their children, particularly the girl-child, throughout Africa. It is a good thing that we do so, but in so doing, it does beg the question as to when are we going to start announcing in our debates some meaningful success, instead of professed continuing failure in our quest to not only ameliorate but eradicate the scourge of sexual and gender-based violence.
How effective are women in parliaments, and indeed in our own Parliament, and governments in addressing this issue? Are they really making a difference; and if so, how and where?
We all know that sexual and gender-based violence is a pandemic that undermines women’s and girls’ rights as the conference obviously noted. We all know that many women all over the world, let alone in Africa, live in perennial fear of violation - again a statement from the conference.
The delegates who attended this conference have made various commitments, including holding our executives accountable for decisive action against gender-based violence and the development of a gender violence index to hold governments accountable. They say they would specifically focus, at a regional level, on the domestication and implementation of the Protocol to the African Charter on Human and People’s Rights and on the Rights of Women in Africa, which is an obviously laudable goal.
There is now a need for an in-depth analysis on precisely how this commitment can become a region-by-region reality and if not why? There is a saying that “charity begins at home” and so let us take a good hard look at what we have done here in South Africa to ease the plight of women and girls.
Where is the proliferation of shelters for women as promoted in the Domestic Violence Act many years ago? Why do millions of unconvicted rapists, given the statistics available, still stalk our streets and homes? Just how effective are our support systems for rape victims, including the rapid provision of ARVs? How have we focused on the plight of women and children victims of the recent deplorable xenophobia, which shamed us all? Can all the men in this Parliament tell us what they are doing about the sexist attitudes and behaviour of men in our society? What we need now is the transition of words such as those espoused at the conference into the kind of action which would provide demonstrable and positive results. I thank you.
Mrs P DE LILLE: Madam Speaker, I firstly want to congratulate our Parliament for holding a debate on this important subject. I also want to congratulate Mrs Zanele Mbeki for the work that she is doing on the continent amongst our women.
Sexual and gender-based violence are a scourge that affects far too many women on our continent. I firmly believe that Africa will not be free until our women are free. They need to be free from the fear of violence and from the fear that they will be the victims of men’s aggression.
It is unacceptable to the ID that men feel that they can treat women as punching bags, as subjects upon which they can vent their frustrations and violent actions. Such men are cowards, unfortunately the strongest word I can use in Parliament.
In too many wars on this continent, where soldiers feel that they can abuse and rape our women, we are the helpless victims. A soldier, whose job is to protect lives, is not worth being called a soldier if he chooses to attack and rape women and children.
Women and children deserve to be respected and protected, and not abused by men. As a continent we should stand up and put in place mechanisms to ensure that such actions do not go unpunished. Wars and conflicts are not a licence for soldiers to pick on defenceless victims. Those who choose to behave in this way must be brought to justice.
However, it is not just in wars where women are confronted with such violence, as is shown by South Africa’s sickeningly high rate of gender- based violence. As a country we need to do far more to educate our men and ensure that the human rights culture embodied in our Constitution is fully realized for all our women and children. We also need to do more to assist survivors of gender-based violence to deal with their trauma and rebuild their lives. Far more shelters need to be built in our country and too often government relies on the goodwill of volunteers to set up and run these shelters. Communities must break the silence.
Families remain quiet because they are afraid of the shame it will bring upon their families. If we keep quiet we will have the blood of our sisters on our hands. Government needs to live up to its responsibility to ensure that all our women are freed from the fear, violence and trauma of these unacceptable acts. I thank you. [Applause.]
Rev K R J MESHOE: Madam Speaker, I was asked whether I am an expert on women because I am taking part in this debate. I said no, no, I am doing this because I greatly respect and admire women. There are three women in my house who can testify to this fact – my wife of 31 years, whom I love very much, and my two girls. And I wouldn’t want what we are talking about to ever happen to them because we believe in the inherent dignity of every woman.
The ACDP supports the statement that came out of the Pan-African Conference that sexual and gender-based violence is a scourge on Africa, a pandemic that has undermined women and girls’ rights to autonomy, bodily integrity, human dignity, sexuality, security, tranquillity and that it is repeatedly used as a weapon against girls and women in conflict and crisis situations.
In conflict situations, many sexual violence and gender-based violent atrocities are committed. Several of these crimes are not as documented or discussed as others. Examples include, but are not limited to, the methodical torture of pregnant women by cutting open their stomachs, the premeditated impregnation of women by enemy militia and the use of women as sex slaves.
Sexual and gender-based violence is a very serious problem that governments must make a priority and tackle head-on. The legalization and easy availability of pornography have exacerbated the serious problem of sexual violence, as pornography reduces women to being nothing more than sex objects to satisfy the lusts of men.
The ACDP wants to reiterate the fact that this Parliament made a serious mistake by legalizing pornography, which inflames the passions and lusts of men causing them to go out and commit despicable acts of rape and violence against defenceless women and children. For as long as we have so much pornography in this country, the incidence of sexual violence against women and children will keep on increasing.
The ACDP has said on many occasions that pornography is the theory, but rape, which is the worst form of sexual violence, is the act. While we acknowledge that we must all do something about this scourge, the ACDP nevertheless still believes that governments must take the lead and responsibility for ending impunity for sexual and gender-based violence.
The ACDP endorses commitments made by participants at the Pan-African conference on ending impunity for sexual and gender-based violence.
The ACDP believes that government should take the bull by its horns and take the lead in ending impunity for sexual and gender-based crimes. We believe it can be done if there is a will to do so. Thank you. [Applause.] Ms N M MAHLAWE: Madam Speaker, in concluding the conference on the Pan- African Conference on ending impunity for sexual and gender-based violence held from 21-23 July 2008 in Kenya, representatives at the conference agreed that:
The waiting must end. Women’s rights movements in Africa have long fought for concrete national actions against sexual and gender-based violence that promotes and protects the human rights of all women, including the right to …
The SPEAKER: Hon members, please lower your voices.
… be free from violence, coercion, fear and impunity. We are determined to see a translation of this rhetoric, policy and legal frameworks into practice.
This is long overdue. The rhetoric has been here for years and indeed, words must be put into action. In South Africa, the principal forms of violence against women include: domestic violence, rape, sexual harassment, witch burnings, rape murders, sexual serial killings and forced prostitution. Every woman in South Africa, irrespective of race, class, religion, language or political affiliation has something in common: fear and risk of being the victim of gender-related violence.
Violence against women is pervasive, systemic and knows no race, class or cultural barriers. Violence against women acts as an instrument of control over women to maintain equality just as apartheid was used to control blacks.
The following are the facts about violence against women: The home is the most dangerous place for women. The perpetrators of gender violence are often known to women and may even be their partners, fathers, uncles, employers and acquaintances, or they may be total strangers. Most women remain in abusive relationships due to financial dependence, or fear to expose the truth about the people they love, cultural notions, for instance, about women as the weaker sex and that they are owned by men. The split between the home and the workplace, which has traditionally isolated women in their homes and has rendered them part of the unpaid workforce has resulted in a class of unemployed women and has rendered most women financially dependent on their partners.
The failure of the legal system to prosecute alleged rapists and batterers and secure hefty sentences sends a powerful message to men that their violence is acceptable and to women that their lives and safety are not worthy of protection.
In the strategy and tactics of the 52nd national conference, the ANC said that patriarchy is identified as the root cause of gender-based violence and calls upon all South Africans to join hands to fight this monster.
Maybe we need to look at what should be done and this is my conclusion. Strategies should be applied to remove sexual and gender-based violence. The SAPS should keep an up-to-date register at all police stations. There needs to be a concerted strategy to help victims to conquer their fear of reporting these crimes to the police, strengthen the centres, such as the Thuthuzela Care Centre that have been established by the Department of Justice and raise the level of public awareness around them. In these 24 one-stop centres, victims of gender-based violence receive a host of services from police officers, councillors and health care practitioners. The Department of Justice is rolling out 15 more of these centres in the financial year and 14 more in the next two financial years.
We need to strengthen Operation Isondlo and raise the level of public awareness around it. This programme continues to assist the victims of gender-based violence to secure child maintenance funds, especially in rural areas. Women and children who have suffered abuse should never suffer secondary trauma when appearing in court. Court processes should be made sensitive to victims of gender-based violence. For example, there needs to be an intermediary process in all or in most courts so that victim complainants do not have to come face-to-face with their accusers.
We should also strengthen the capacity of the SAPS forensic laboratories to, inter alia, fast-track the availability of the DNA results in cases where children have been raped. We must build and deepen the capacity of the NGOs and community-based organisations dealing with sexual and gender- based violence on a regular and continuous basis. Thank you.
Rre B E PULE: Ke a leboga, Mmusakgotla. Ngwaga le ngwaga kgotsa letsatsi le letsatsi go buiwa ka go fedisa ntwa kgatlhanong le tshotlako ya bana le basadi. Go kile ga ba ga tsoga kgaruuruu mo Ntlung e fa tokololo nngwe e bua ka molao wa go tlosa ditokololo tse di tshwenyang motho yo o dirang tiro eo.
UCDP ga e dumellane le kgang e, mme ke rata fela gore e setse e fetogile pina ya tshwene. E buiwa malatsi otlhe, mme le bona batho ba ba dirang tiro e ba setse ba tlwaetse gore ga gore sepe le fa ba dira jalo. Se se totobetseng fa ke go tlhaela ga molao o o gagametseng kgotsa go o dirisa go tlhokofatsa go utlwala batho ba ba dirisang dikgoka kgatlhanong le bana le basadi. Ga se fela go dira jalo ka nkane, eleng go sotla basadi, tota le go nyala basadi ba bantsi ke go ba sotla. [Legofi.]
Bontsi jwa rona mo Ntlong e re dumela mo Modimong, e bile re itse gore Modimo o diretse Atamo, Efa a le nosi. Ga o a dira bo Efa. Ga go na jaaka monna a le mongwe a ka rata basadi ba le bantsi ka go lekana. Go na le a le mongwe yo o ratwang go feta ba bangwe. Ka jalo UCDP e dumela gore a le mongwe o lekane gonne ke ka fa Modimo o tlhodileng ka teng.
Ga go thuse sepe go letla balekane ba bantsi fa go tla mo mogareng wa HIV/Aids. Ntlha e nngwe ke gore re dira molao wa setso wa monna go nyala basadi ka fa a batlang ka teng. Tota re na le netefaletso efe gore monna yo ga a kake a gasa peo ya HIV/Aids mo basading ba. A re tlogeleng go ikganetsa ka melao ya rona re bo re imakatsa fa dilo di sa tsamae sentle. Ke a leboga, Mmusakgotla. (Translation of Setswana speech follows.)
[Mr B E PULE: Thank you, Madam Speaker. There are debates on yearly or daily about stopping women and children abuse. There were mixed opinions which created chaos in this House when certain members suggested that the Act be amended to have powers to remove members who do not co-operate with people fighting women and children abuse.
The UCDP is against the amendment and it is becoming monotonous since it has now become daily talk. Even the perpetrators are aware that nothing will be done against them. It is evident that there is a need for an Act to be put in place for it to severely punish the perpetrators who are physically abusing women and children. Polygamy is another way of promoting women abuse. [Applause.]
Most of us in this House believe in God, we even believe that God created Eve to be the only wife to Adam. There is no way a man can love many women equally. Thus the UCDP believes that one woman is enough for one man as it is how God wanted it to be.
To encourage polygamy will not help especially with HIV/Aids prevalent. Is there an assurance that this man will not spread the HIV/Aids virus amongst these women? We should stop contradicting ourselves with our cultural practices because we are surprised when things go wrong. Thank you, Madam Speaker.]
Ms S RAJBALLY: Thank you, Madam Speaker. I bring greetings from the Minority Front, to all our delegates sitting in the gallery and I hope you will enjoy your days here with us. To you, Madam Deputy Speaker, a happy belated birthday and may God bless you. Madam Speaker, this dialogue has been an eye opener to the realities of gender-based violence on the continent. It has intensified awareness and placed a responsibility on government to tackle this situation. The plight against gender-based violence has been ongoing for centuries but as has been described at this conference, Africa has experienced a policy of explosion. More than instituting policy to tackle this situation, we need to tackle the mindsets of the perpetrators who arrogantly regard it as their right to impose on women. There is no fear of the law of remorse for what they do in many areas where poverty has claimed dignity and in affluent communities where it is believed that money has bought life. Mindsets are changed and institute an environment of rights and abuse. In turn, the victims of the abuse believe that they are either deserving of the abuse or that the perpetrator has a right to inflict these abuses on them.
The MF has witnessed a greater awareness of gender-based violence in South Africa, a greater freedom for victims to speak out of their experiences and phenomenal community intervention of the nongovernmental organisations. These are the crucial steps in desocialising gender-based violence and removing it from the community. I don’t believe this to be women’s plight. I believe this to be a South African plight and that all men and women need to unite to remove this barbarism from society. In Rwanda there are villages of which up to 80% of its women have experienced sexual abuse. This is shocking, realizing that in South Africa millions are victims to gender-based violence on a daily basis. Madam Speaker, the Minority Front supports the fight against gender-based violence and calls on all to unite against it. I thank you. [Applause.]
Ms M M NTULI: Sanibonani makhosikazi, sanibonani bomama base-Afrika, imbokodo kamagayisa, wathinta abafazi wathinta imbokodo! [I greet women; I greet the mothers of Africa - the rolling stones. You strike a woman, you strike a rock!]
Poverty in Africa affects women and children in particular. Poverty can be overcome if women can stand up and say: Enough is enough.
Izwi leNkosi lithi, uNkulunkulu wadala umuntu wamenz a ngothuli lomhlabathi. Wadala umuntu wesilisa kodwa uma esezobumba owesifazane wakhipha ithambo ohlangothini lomuntu wesilisa wabe esenza owesifazane. Umuntu wesifazane-ke wenziwa ngethambo. Ithambo-ke liyama noma kunomoya noma kunemvula noma kushisa ilanga kodwa ithambo lihlala liyithambo.
Bomama, thina laba obaba bayasihlukumeza. Basihlukumeza ngokocansi kodwa sibekezele singomama hhayi ngoba singakwazi ukuhamba kodwa ngenxa yokuthi yithina kanye bomamezala esiphinde sithi kulaba omama abasebasha, bekezelani bantwana bethu. Bayaye babekezele-ke omama, babekezele noma beshaywa, babekezele behlukumezwa ngokocansi, babekezele behlukumezwa ngokwengqondo, babekezele bengaphiwa ngisho nokudla imbala.
Bayabekezela omama behlupheka. Umama abekezele ngisho eselethelwe omunye umfazi wangeniswa endlini ukuthi azoba nguzakwabo kepha abekezele umama. Kuthi noma enganikezwa imali yokudla, abantwana belambile, kepha yena enze izaba badle abantwana.
Ngithanda ukusho ukuthi uma thina bomama base-Afrika, esiyimbokodo singahlangana, sisukume kukhulu esingakwenza ukukhipha omama kule ndima abakuyo yokuhlukunyezwa. Lokhu kuhlukumeza akugcini kumama kuphela ekhaya, kodwa kuhlukunyezwa ngisho nabantwana bakhe bamantombazane imbala.
Ake ngibonge kuKhongolose ngoba uKhongolose uye wazama ukwenza imithetho esiza omama abashade ngokwesintu. Sebeyasizakala nabo ukuthi bakwazi ukuthola ifa into ebingenzeki phambilini. Ake ngenze isibonelo ngami uqobo. Ubaba washona ngineminyaka eyishumi nanye, umama wayenabantwana bamantombazane kuphela. Kwakuthiwa uma umama engabaphakeli laba obaba abanye abakhona laphayana ekhaya, thina siyoxoshwa kulowa muzi.
Kwathathwa izinkomo zikababa nefenisha ngisho nothayela sashiywa ngaphansi kophahla olungenalutho. Indlela omama ababehlukumezeka ngayo iyo leyo enjengalena engiyishoyo.Ngenxa yalesi sigameko kwadingeka ukuthi mina ngisiyeke phansi isikole ngiyosebenza ukuze mina nomama sikwazi ukondla laba abancane.
Izindlela esasihlukunyezwa ngazo, Ukhongolose uzamile ukuzilungisa. UKhongolose uzamile futhi nokulungisela laba omama abahlukunyezwa ngokushiywa nabantwana. Phela phambilini intombazane ibiyaye ishiywe nomntwana, ingasitholi isondlo, ingahlawulwa kodwa uKhongolose ukulungisile konke lokho.
Njengamanje laba obaba abangazondli izingane zabo sebeyaboshwa, ikakhulukazi labo abahamba bezisakaza kungazukuthi izimbuzi ezihamba zisakaza abantwana. Okwesibili uKhongolose uzamile ukusisiza nathi singomama ukuthi sibe namalungelo obunikazi bomhlaba ngoba besihlukumezekile singakakwazi ukuthola umhlaba. Phambilini ubungakwazi ngisho ukuthola indlu ngoba ungumama. Ake ngiphinde futhi ngiqhubeke ngokuthi uma ngikhuluma nomama ngiyavama ukusho ngaleli gama lesiyeni, uma ngithi “man” … (Translation of isiZulu paragraphs follows.)
[The Bible tells us that God created a man from the dust of the earth. He created the man first and when He had to create a woman, He took one of the man’s ribs and created a woman from that rib. A woman was created with a bone. The bone is known for withstanding turbulent times. It doesn’t matter whether it is windy, rainy or sunny, the bone remains the same.
And to women out there, please be on your own, these men abuse us. They abuse us sexually and women simply persevere, and not because they cannot quit but they keep pressing on because of us - the mothers-in-law - who continually tell these young mothers to be patient and they do exactly that. Women tolerate assault, sexual and psychological abuse and persevere even when they are not given food to eat.
Women persevere even when they face harsh treatment. A woman would continually press on even after the man has introduced another woman to her who would be her co-wife. Even when she is not given the money to buy groceries, a woman would persevere and as a mother, make a plan to feed her children.
I would like to say that if we - the mothers of Africa, the rock - could stand together, we can do a lot in emancipating women from these many abuses. These abuses are generally not only directed at women alone, but at their girl children as well.
Let me sincerely thank the ANC for passing the laws that support women who are married under customary law. They too, are also getting assistance in receiving inheritance which they were deprived of before. I can make an example here of myself. My father passed away when I was 11 years old. My mother had only daughters. The word came from my mother’s in-laws that if my mother does not serve my paternal uncles - who were staying with us at the same homestead at the time - we would be kicked out of the homestead.
They took all my father’s cattle. They took the furniture as well as the corrugated irons and we were left in the house without a roof. And that is exactly how women were treated. I, in turn, was forced to drop out of school and go to work to help support my siblings.
These are the forms of abuse that the ANC has tried to stop. The ANC has also tried to cater for those women who are victimised through with foster parenting. Previously a woman would be left with a child with no support for the child and sometimes one would find that even the necessary fines due for impregnating that woman were never paid, but the ANC has rectified all that.
As of now those men who carelessly sow their seeds as goats do, and do not support their children after that, face the possibility of being sent to prison. The ANC has also tried to help us women to have land rights because we were oppressed and we could not get land. Previously, one could not get even a house just because one happened to be a woman. Let me say again that when I talk to women, I usually refer to them in a masculine manner and say, “man” meaning …]
…. a manager and administrator of nature …
… kodwa uma sengikhuluma ngomama okuthiwa “yi-woman” …[…but when I speak about a mother, using the word “woman” that …]
… is a well-organised manager and administrator of nature. [Applause.].
UKhongolose-ke uhamba nabo omama njengoba siya okhethweni nje. Omama siyafuna ukubabona bebamba iqhaza beba sezindaweni eziphambili ukuze sikwazi ukubamba iqhaza uma kwenziwa imithetho ephathelene nomama, sikwazi nokubona ukuthi le mithetho esiyenzile iyasebenza yini. Kafushane nje ngifuna ukusho futhi ngithi Izwi leNkosi alikhumi lutho ngendoda ekwakhiweni kwemizi kodwa uma likhuluma ngowesifazane lithi owesifazane ohlakaniphile uyayakha indlu yakhe ngezandla zakhe kodwa oyisiwula uyayibhidliza ngezandla zakhe.
Ngithanda ukubonga ukuthi omama bafikile namhlanje, ngithanda ukubonga futhi ukuthi omama basukumile, ngithanda ukubonga omama sebeyakwazi ukuzimela namhlanje, ngithanda ukubonga ukuthi omama sebenayo imithetho ebavikelayo ukuze bangahlukunyezwa.
Sengigcina ngithanda ukuthi kulo mbuso kaKhongolose ake niqinise isandla lapha kobaba abahlukumeza omama nabantwana. Angikaze ngiyibone into enje, angikaze ngibone ngisho imbuzi ilala nomntwana wayo kodwa namhlanje sibona izinto ezixakile. Laba bantu ake bavalelwe ejele bangakhishwa bahlale khona baze babhadle ezingqondweni zabo.
Ngithanda futhi ukusho ukuthi singomama le nhlupheko esinayo singayixosha singancikile kobaba ngoba abanye omama bashada ngoba becabanga ukuthi lapha emshadweni bazothola impilo engcono, bazothola abantu abazobondla. Chabo le nto kayihambi kanjalo.
Ake sikhuthazaneni ukuthi asifunde noma singalitholanga ithuba lokuthi siye ezikoleni singomama sisebancane noma sesikhulile asingene esikoleni sifunde ukuze sikwazi ukuzimela ngoba imfundo ingamandla.
Ngithanda futhi ukusho ukuthi kuyafundeka noma sewumdala. Ake ngilinganise futhi, ngithi njengaye lo omile lapha phambi kwenu. Lo ome phambi kwenu ufike lapha ePhalamende enganaye ngisho umatikuletsheni wodwa lona kodwa njengoba ngikhuluma nawe nje sengineziqu ze-Honours. Ngizoqhubekela kwi- Masters kanti nginezinye futhi izifundo ezingaphezu kwalokhu. Kuyafundeka, iyahambeka le ndlela, uyakwazi umuntu ongumama ukuzimela. Uyakwazi umama ukubondla abantwana bakhe, uyakwazi umama ukwakha umuzi.
Abantwana abasele nomama bayakhula njengami njengoba ningibona ngikhululile ngingaka nje futhi ngikhulile ngiqinile, uyabona nje wathinta mina ume phambi kwekhanda lesitimela. [Ihlombe.]
Kule mizuzwana emihlanu esele ngithanda ukuthi ngithi bomama siyabonga ukuthi nisukume nizokhuluma ngezinto eziphathelene nani.
Ngithanda ukuthi komamezala yekani ukukhuthaza ukuhlukumeza omakoti ngoba umakoti yindodakazi yakho, akafane nendodakazi yakho. Umakoti umntwana wakho, akuthi indodana yakho imhlukumeza kuvele lenimba njengoba ivela kowakho umntwana. [Ihlombe.] Ngiyabonga Sihlalo. (Translation of isiZulu paragraphs follows.)
[And as we are marching towards the elections, the ANC is supported by women all the way. It is our wish to see women participating in these things and we want to see them holding high positions so that we are able to participate when the laws concerning women are passed. We also want to see whether the laws that have been passed are working. In essence, I want to iterate that the word of God does not say anything about a man with regard to the building of homes, but when it mentions a woman it says that a wise woman builds her house, but with her own hands the foolish one tears hers down.
I want to thank women for having arrived today. Again, I also want to thank those women who stood up and used the opportunity. I also want to thank women for being independent today. I am also grateful that women today have laws that protect them against any form of victimisation.
In conclusion, I want to say to this ANC-led government that it must take stern and unrelenting actions against men who abuse women and children. I have never seen such a thin; not even a goat will have sex with its offspring, but today we are seeing strange things. Let people such as these be put behind bars and they should not be released until they are fully rehabilitated.
I would also like to say that as women, we can independently get rid of all suffering and affliction. I say this because some women get married with the hope of a better life and to have someone to support them. Unfortunately this is not always the case.
Let us encourage each other to study, especially those of us who did not get the opportunity to go to school while we were young. Let us continue with our studies even though we are old so that we can be independent because education is power.
I also want to state that you can still study even if you are old. Let me make an example again with this person who is standing in front you. This person did not have matric when she arrived here in Parliament but as I am speaking to you today, I have an honours degree. I shall proceed to Masters level and besides that I also have other additional qualifications. It is doable; it is a walkable distance. A woman can be independent; A woman can support her children and a woman can build a home.
Children who are left with the mother can grow up as you can see that in me. I grew up against all odds to this level and I am strong. If you dare touch me, you would be standing in front of a train’s head and you will be crushed, I promise you. [Applause.]
In the five minutes I have left, I would like to thank women for coming forth and talking about things that concern them. I also wish to say to the mothers-in-law that they must stop encouraging their daughters-in-law to be victimised because these daughters-in-law are in essence their daughters and should be treated as such.
To the mothers out there, I want to say kindly know that your daughters-in- law are your own children. When your sons abuse them, the same pains that you would have felt with your biological daughter, should be felt. [Applause.] Thank you, Chairperson.]
Debate concluded. ZUMA TRIAL
(Member’s Statement)
Ms N MFEKETO (ANC): Chairperson, protocol observed, we salute the thousands of people who turned out in their numbers outside the Pietermaritzburg High Court to demonstrate their support for the ANC President, Jacob Zuma, at the conclusion of the application for the indictment against him to be declared invalid and set aside.
In June 2004, this House agreed with the Public Protector’s report that ANC President Zuma’s rights have been unjustifiably infringed upon and that he has been improperly prejudiced. He has also been subjected to a vicious and unrelenting trial by the media - tried in the court of public opinion long before his case even went to court. The ANC stands firmly behind Zuma’s right as a citizen of South Africa to equal treatment before the law and to be presumed innocent until found otherwise. The ANC will consistently strive to uphold and defend the integrity and credibility of the judiciary and other institutions of the state. I thank you. [Applause.]
VOTING OF MPs ON SCORPIONS BILL
(Member’s Statement)
Mr L K JOUBERT (DA): Chair, the very fact that Members of Parliament who were found guilty in court or who are currently under investigation by the Scorpions may be allowed to vote in this House when Bills to close down the unit are presented, is a serious moral issue. Political parties should ensure that such members do not vote on the Bills.
The public opinion of Parliament has already been severely damaged by the ANC’s unseemly rush to bulldoze this ill-conceived legislation through Parliament. This has done great damage to public faith in this institution. This unfortunate situation will be further compounded if Members of Parliament who have been investigated by the Scorpions are allowed to vote on the matter. We need to ensure that the integrity of Parliament is upheld at all costs because our citizens should not be allowed to lose further confidence in this institution. I thank you.
FOOD TENDER FOR PRISONS
(Member’s Statement)
Mrs S A SEATON (IFP): Chairperson, the IFP would like to express its disapproval with the alleged interference of Correctional Services Minister, the hon Ngconde Balfour, in the duties of the Correctional Services National Commissioner, Mr Vernie Petersen. We are alarmed by reports that the Minister of Correctional Services has deliberately interfered with the duties of Mr Petersen relating to the procurement of the R200 million food tender for prisons. As the head of prisons and its accounting officer, Mr Petersen should be allowed to work and take decisions relating to our prisons without hindrance from the Minister. The IFP therefore strongly disapproves of Minister Balfour’s conduct. We find it odd that the Minister of Correctional Services would intervene in the administrative process of a tender.
Furthermore, the IFP believes that it is unacceptable and out of line for the Minister to threaten to axe the National Commissioner if he didn’t obey the Minister’s instructions on this matter. This amounts to nothing more than bullying tactics and does not bode well for the future relationship between the Minister and the commissioner.
SERVICE DELIVERY
(Member’s Statement)
Nksz P BHENGU (ANC): Sihlalo, iingcebiso ngemisebenzi ezinikwa abafundi kunye nophuhliso lwezakhono zihleli zingundoqo ekuphuculeni uqoqosho lwelizwe lethu. Urhulumente oxhuzula imikhala okhokelwa ngumbutho wesizwe i- ANC, uya kuthi ucangcathe kwindlela enokuphucula ubomi babantu. ISebe lezeMisebenzi, libambisene neSebe lezeMfundo, lithe kutsha nje lahambela kwisithili zaseBizana. Injongo yolu tyelelo ibikukucebisa abafundi bebanga lethoba nele-10 malunga nezakhono zemfundo abanokuthi bazixhobise ngazo.
Ukunqongophala kweengcebiso kulutsha lwethu kukhokelela ekubeni ulutsha luthabathe izigqibo ezingeloncedo lukhulu ekuphuhliseni ikamva lalo. Abahlali ngokubanzi nabo baye bamenywa liSebe lezeMisebenzi, injongo ikukucacisa banzi ngeemfanelo zabasebenzi, ngakumbi abenzakala emisebenzini. Thina singumbutho wesizwe siyalivuyela eli phulo eliqhutywa ngala masebe mabini, kwaye sikhuthaza namanye amasebe karhulumente ukuba azeke mzekweni. Ndiyabulela. (Translation of isiXhosa member’s statement follows.)
[Ms P BHENGU (ANC): Chairperson, career guidance given to learners and the development of skills have always been essential to improving the economy of our country. The ANC-led government will always strive to improve the lives of our people. The Department of Labour together with the Department of Education have recently visited the Bizana district. The purpose of the visit was to give career guidance to Grade 10 and 11 learners as well as skills that they could empower themselves with through education.
The lack of good career guidance has led the youth into taking decisions that do not help them in building their future. The communities were also invited by the Department of Labour with the purpose of giving advice to workers on their rights, particularly those who are injured in the line of duty. We, as the ANC, welcome the project undertaken by these two departments and we also encourage other government departments to follow suit. [Thank you.]]
HUMANITARIAN CRISIS IN ZIMBABWE
(Member’s Statement)
Rev K R J MESHOE (ACDP): Chairperson, it has been reported that activists, unionists and others slammed the failure of the SADC summit over the weekend to deal with worldwide demands to have the Mugabe regime’s restriction on humanitarian agencies lifted. The work of the humanitarian agencies was stopped by the Zimbabwean Welfare Minister who accused them of having provided campaign support for the opposition, MDC, during the 29 March elections, which the MDC had won. Now that the elections are over, we question why the Mugabe regime would not allow humanitarian agencies to help feed the millions of starving and hungry Zimbabweans. The ACDP believes that the humanitarian crisis in Zimbabwe was deliberately caused by politicians who have cold hearts and dead consciences as punishment for those who exercised their right to vote for change in their country. This humanitarian crisis can be ended speedily if aid is allowed to reach those who need it the most.
The failure of SADC leadership this past weekend strengthens our belief that Africa needs a new breed of leadership that is committed to the principles of integrity, liberty and justice for all. Such leadership must replace rogues and dictators who cause untold suffering to innocent people, particularly women and children. Africa needs a leadership that cares and not a leadership that tortures, persecutes and abuses its very own.
The ADCP commends and applauds the President of Botswana, hon Ian Khama, for his courage and principled decision not to endorse the illegitimate presidency of Mr Mugabe. His actions have earned him respect from the international community, particularly from Africans who are praying and hoping for a change of leadership on the African continent. May I also remind this House that in June this year, the ACDP applauded Kenyan … [Time expired.]
RECOMMENDATIONS REGARDING RELEASE OF SICK INMATES
(Member’s Statement)
Mnr I E JENNER (OD): Agb Voorsitter en lede, die OD is besonders bekommerd oor die aanbeveling met betrekking tot die vrylating van siek gevangenes. My versoek is egter vandag dat die huidige departementele voorskrifte en voorwaardes moet voldoen aan die humanitêre vereistes, die fundamentele elemente van vonnisoplegging, die aard en erns van die misdryf asook hoe berouvol oortreders is tydens vonnisuitdiening.
Die voorskrifte bepaal dat terminaal siek gevangenes in die finale stadium van die siekte, om mediese redes vrygelaat kan word. Enige verslapping van die huidige stelsel sal ’n verkeerde sein uitstuur in die huidige klimaat van misdaad. Vorige oortreders wat siek is sal hierdie verslapping sien as ’n geleentheid tot misdadige vergrype in die hoop op vervroegte vrylating.
As die verskaffing van mediese dienste in gevangenisse die uitdaging is, moet dit aangespreek word, sonder om die beproefde stelsels te verander. As ’n voormalige korrektiewe beampte is my pleidooi vandag aan die Minister, die voorsitter en die portfoliokomiteelede dat hierdie komplekse aangeleenthede ’n uiters versigtige en omsigtige benadering vereis, sodat dit deurdagte besluite tot gevolg kan hê. Dankie. (Translation of Afrikaans member’s statement follows.)
[Mr I E JENNER (ID): Hon Chairman and members, the ID is particularly concerned about the recommendation with regard to the release of sick prisoners. My request today, however, is that the current departmental regulations and conditions need to comply with the humanitarian requirements, the fundamental elements of sentencing, the nature and gravity of the offence, as well as the remorse shown by offenders whilst serving their term.
The regulations determine that terminally ill prisoners, who are in the final stages of their illness, can be released on medical grounds. Any relaxing of the present system will send out the wrong signal in the present climate of crime. Former offenders who are sick, will see this relaxing as an opportunity for criminal transgressions in the hope of early release.
If the provision of medical services in prisons is the challenge, it needs to be addressed, without changing the well-proven systems. As a former correctional officer, my plea today to the Minister, the chairperson and the members of the portfolio committee is that these complex issues require a very careful and circumspect approach in order for this to result in well- considered decisions. Thank you.]
SERVICE DELIVERY DISPUTE
(Member’s Statement)
Mr S L TSENOLI (ANC): Chairperson, we in the ANC express our deep concern about some residents in some municipalities who are withholding payment for services with the reasons being the dissatisfaction with service delivery. Our concern stems from the reality that these actions, apart from being illegal, deepen the very problem they claim needs resolving. We reject the deliberate agitation by these residents into organised obstructions to official local governance. We urge municipalities affected and others in general to intensify their dialogue with all residents to find sustainable solutions to their problems. We urge national and provincial departments relevant to these services to step in with more vigour and in the spirit of business unusual to support municipalities in their engagement with residents.
We also call on the SA Local Government Association, Salga, to intervene swiftly, if it is not already doing so, to bring to bear its collective wisdom to the areas affected by these conflicts in support of its municipal members. I thank you. [Applause.]
ANC SHOULD END ITS DENIALISM
(Member’s Statement)
Mr I S MFUNDISI (UCDP): Chairperson, the time has come for the ANC to get out of its acts of triumphalism, majoritarianism, denialism and disregard for other role-players in the country while the nation is denied services. The shenanigans playing themselves out at the Land Bank are some of the issues about which this government should hang its head in shame. Since the ceremonious departure of Helena Dolny, the bank has been looted right, left and centre by those in higher places in the organisation. The latest scandal where promissory notes of payment have disappeared from a vault is the worst case scenario.
The public admission by government that the criminal justice system has reached the lowest levels of paralysis is something we need to worry about. Today prosecutors have dragged the Ministry of Justice to court on account of unfulfilled promises of improvement on remuneration. All this happens as the director-general of the department has been prying over the shoulder of some autonomist employee of government or running around to brief cronies in some provinces on how to respond to parliamentary portfolio committee issues. It is this sort of conduct that should be given a wide berth by those who want the country to prosper. Gone are the days of running with the hare and hunting with the hound.
The number of civil claims issued against the Ministry of Safety and Security that run into millions are a great drawback to the resources of this country. The overzealousness with which some of these officers act leaves much to be desired. It is inexplicable why the case of a pastor whom the police mistook for the fugitive from Justice, Ananias Mathe, drifts to the periphery. This they did even as the man of God spoke and pleaded to them in flawless Setswana which any well-meaning and reasonable police officer would not have mistaken for Mathe’s. It is such issues that say to South Africans the time has come to think properly about who they will put in charge for their wellbeing. Thank you. [Time expired.]
FAILURE TO WIN THE WAR AGINST CRIME
(Member’s Statement)
Mr L M GREEN (FD): Chairperson, the FD notes with concern the findings of the review on the criminal justice system set up by the President. The review reveals a staggering incapacity by the state to win the war against crime. Why is our government failing in its most basic function, namely the fight against crime? Our government may succeed in a thousand other areas, but if it fails to stop the carnage by criminals on innocent citizens, then it is failing in its core function.
It is unacceptable that 14 years into our democracy, fighting crime has been the least successful. Crime is possibly the most lucrative postapartheid money-making activity since two million reported crimes go unsolved annually. This implies that criminals have a free reign in our society.
The FD, however, appreciates the honest disclosure in the review and the challenges which remain to fight crime. We call on the Ministry to implement solutions to the problems without any further delay. The FD wishes to draw attention to the serious implication of the review and calls for an urgent reorganisation of safety and security institutions, as well as a review of the performance indicators of personnel who must deal with the problems in our criminal justice system. I thank you.
SOUTH AFRICAN OLYMPICS EXPO
(Member’s Statement)
Mr T D LEE (DA): Chairperson, the DA is appalled by the Department of Sport and Recreation’s poor preparations for its R11 million expo at the 2008 Beijing Olympic Games. Reports from Beijing indicate that the expo was a big flop. The opening of the hospitality centre was delayed by a week. It will also close a week earlier than arranged. Invitations which should have been posted a year ago to sports dignitaries were only sent out a week after the centre should have been up and running.
It is unacceptable that R11 million has been wasted on a poorly planned event while Team South Africa’s preparations for the games were underfunded. Last year the department only gave the South African Sports Confederation and Olympic Committee, Sascoc, R9 million for Team South Africa’s preparations for the Olympics. We call upon the Minister of Sport to ensure that those responsible for this chaos are held to account. I thank you.
SUPPORT FOR TEAM SOUTH AFRICA
(Member’s Statement)
Mr M M DIKGACWI (ANC): The ANC wishes to acknowledge and support Team South Africa’s efforts at the Beijing Olympic Games irrespective of the negative comments from certain sections of society which dubbed the team as “hopeless failures”. Little attention has been given to the sterling performances of a number of our athletes who broke a string of South African records at the Olympic Games. Unfortunately, efforts like these have gone largely unnoticed.
We need to remind ourselves that the Olympic Games remain the most prestigious sporting event in the world. Competition amongst countries is fierce because winning a medal is most probably the highlight of any participant’s sporting career. However, the Olympic Games are more than just about winning medals. The Olympic Charter promotes, amongst others, principles of respect for humanity; countries taking their places amongst the family of nations; good sportsmanship; respect for fellow competitors and sharing in the remarkable experience for countries to compete under peaceful conditions.
Upon the return of the team, all stakeholders in sport will have to sit down to analyse the team’s performance and plan for greater success in the future. Greater financial allocation to prepare athletes must be a condition for proper planning. We must spare no effort to improve on our performances and to increase the pool of participants from where athletes for the 2012 games will be selected. Thank you.
SADC FREE TRADE AGREEMENT
(Member’s Statement)
The HOUSE CHAIRPERSON (Mr M B Skosana): Chairperson, the IFP applauds the conclusion of the SADC Free Trade Area Agreement to facilitate regional economic integration. This should also be viewed and accepted as the necessary step towards regional political integration and development.
An economically strong SADC region is fundamental to guard against the possible erosion of the economic and political sovereignty of the African people through uncompromising market forces during the scramble for economic globalisation. Furthermore, a politically integrated SADC region would be bringing about a conflict-free African region. It is a fact that a lot more has to be done on the part of SADC member states to operationalise the various protocols of the agreement in order to realise genuine regional development.
The IFP further commends the President of the Republic of South Africa, Mr Mbeki, as the mediator in the problems facing the people of Zimbabwe for the progress achieved thus far. We wish him support and co-operation on the part of all parties involved, including the international community concerned. We believe that it is absolutely imperative that the next phase of negotiations involve representatives of major role-players within civic society, namely, women and youth organisations; religious societies and lawyers associations; business and farming; unions and so on, for a lasting political settlement in Zimbabwe.
In Zimbabwe, the strife has been too long and too deep. It would not allow negotiations to be confined and concluded only between Zanu PF and the MDC factions. Anything that is less than an inclusive solution would be bound to prolong the conflict in Zimbabwe. I thank you.
CALL FOR MOTHERS TO HAVE CHILDREN IMMUNISED AGAINST POLIO AND MEASLES
(Member’s Statement)
Mrs M M MADUMISE (ANC): The ANC is calling upon all mothers to get their children immunised against polio and measles. Primary health care workers are currently visiting primary schools to administer the vaccine. Immunisation has been demonstrated in researched trials and efficacy measurements to be one of the most effective public health interventions. Each year, the ANC government dedicates more than R8 million to vaccination measures for all children under the age of 12. This is helping to save many young lives.
We commend the ANC government on its interventions made to attack communicable and preventable illnesses through amongst others, immunisation programmes, the strengthening of measures to combat cholera and tuberculosis, and ensuring the early treatment of chronic and non- communicable diseases. The achievement of better health for all is an important part of improving the quality of life for all South Africans.
LAUNCH OF JIPSA AND ITS TARGET
(Member’s Statement)
Ms A M DREYER (DA): Chairperson, at the launch of the Joint Initiative on Priority Skills Acquisition, Jipsa, the Deputy President said, and I quote: “Nothing short of a skills revolution will extricate us from the crisis we face”. The DA agreed with her. However, the vehicle designed to drive this skills revolution is desperately in need of a skills revolution itself.
The Sector Education and Training Authorities, Setas, are supposed to help unemployed people to enter learning programmes and ensure that at least 50% of their intake successfully completes their training. However, most Setas missed this target, with five attaining completion rates even below 10%.
Setas are also supposed to ensure that learners in critical skills programmes gain work experience and that at least 70% successfully find employment. Only one Seta met this target, while the construction and the energy Setas placed no learners at all. The failure of the Setas is a crime against our youth. However, the DA believes that if we give training back to employers and the industries, who best know what their needs are, the youth of South Africa would receive better quality training that would help them find jobs. [Applause.]
EDUCATION CAMPAIGN LAUNCHED IN KLIPTOWN
(Member’s Statement)
Mr B G MOSALA (ANC): Chairperson, last Friday, the ANC launched their education campaign in Kliptown. The aim of the initiative was to elevate education from being a departmental or even a governmental issue to being a societal issue - the one that should occupy the attention and energy of all the people. The Freedom Charter said, and I quote:
Education shall be free, compulsory, universal and equal for all children. Higher education and technical training shall be open to all by means of state allowances and scholarships awarded on the basis of merit.
The ANC believes that if all sections of the society work together, government and communities; civil society and businesses; media and other sectors, we can ensure that all learners benefit from quality education. We call on all South Africans to join us in this campaign as part of the ongoing effort to achieve a better life for all. I thank you. [Applause.]
ANC SHOULD END IT DENIALISM
HUMANITARIAN CRISIS IN ZIMBABWE
SADC FREE TRADE AGREEMENT
(Minister’s Response)
The MINISTER OF FINANCE: Chairperson, I want to say thank you to the members for the statements. Let me respond to the comments of three members, the first of those would be the hon Mfundisi. The issues he raised about the Land Bank are those that we have raised. We can raise them as work in progress, because we are not ashamed of addressing problems as and when they arise. So, I really do not understand what the issues are and I would like him to distinguish between those issues which we raised and those that are speculatively raised by the press. The story that he refers to in the Mail and Guardian about the Director-General of Justice and Constitutional Affairs is completely speculative and ungrounded and it must be seen as such. We must stop converting what journalist write into facts, unless it can be substantiated with facts.
In respect of SADC, the hon Skosana and the hon Meshoe have two diametrically opposite views on the same events. I find myself aligning with the hon Skosana as I was there for all of the time. To the hon Meshoe, I want to say that I do not know what the source of his information is. The issues before this annual SADC summit related firstly, to the Free Trade Area - we understand the work that is there to be done in respect of the FTA. We understand the journey that must be travelled and we understand the opportunities and potential that the Free Trade agreement brings to all 15 member states of SADC, but we must also say to our member states of SADC that choices will have to be exercised about which regional bodies they belong to.
For that reason on the continent we will have the first summit between SADC, the Common Market for Eastern and Southern Africa and the East Africa Community in October in Kampala so that we can deal with these issues. That is the work of development on the continent. Along the way because SADC had appointed President Mbeki as a mediator, issues that arose broadly within the SADC summit also arose in the context of the organ on politics, peace and security, and SADC heads of state there are in agreement with the route to be pursued. I do not know what the source of information is that the hon Rev K R J Meshoe has, because nobody else appears to have the same source of information. It is a figment of somebody’s imagination, not supported by facts and therefore probably does not merit a discussion in this House. I thank you. [Applause.]
LAUNCH OF JIPSA AND ITS TARGET
(Minister’s Response)
UMPHATHISWA WEZEMISEBENZI: Siyabulela, Mhlalingaphambili, kuMama uBhengu ngokubonisa ukuba basekhona abantu abakubonayo okuhle esithi sikwenze. Ngoko ke la masebe, elezemiSebenzi kunye neleMfundo, aya kuhlala ethe gqolo ukunceda abafundi abafuna ulwazi ngezemisemisebenzi … (Translation of isiXhosa paragraph follows.)
[The MINISTER OF LABOUR: Chairperson, we thank Ms Bhengu for showing that there are still people who appreciate the good we are doing. Therefore, the Departments of Labour and Education will always help the learners who want to know more about labour-related issues …]
… to an extent that now we are employing career guidance councillors in order to assist people in all our regional offices. However, I am amazed by the ignorance that has been displayed by the hon Dreyer. I do not know why she is so ignorant. It may well be that she has to go back to school to demand from her teachers some money. That she does not know that Seta boards are controlled and managed by employers amazes me. I am flabbergasted by your lack of knowledge.
Kodwa liyinene lona elokokuba inqwelo ehambayo nebalekayo izinja ziyayikhonkotha, emileyo ke ziyayintsontsela; neenkukhu zizalela kuyo. Umbutho wesizwe i-ANC, ungekangeni nokungena nje kurhulumente, wazibophelela ekumiseleni amanqwanqwa kuzo zonke iinkalo zoqeqesho ukuze uphuhlise izakhono zabantu beli lizwe. Kolaa xwebhu lwayo olwaziwa ngokuba yi-Ready to Govern … (Translation of isiXhosa paragraph follows.)
[However, it is true that if people start talking about you, that means there is something that you are doing right. The ANC committed itself, even before coming to power, to establishing training standards in order to improve the skills of people in this country. In its policy document entitled Ready to Govern, …]
… the ANC committed itself to the establishment of all sector-specific training, in other words the Setas. Therefore these Setas were planned even before the ANC came into government, even before the DA became the DA; you were still the DP, whatever democracy you were espousing at that time. The ANC already indicated that we shall establish Setas in this country. Ideologically we are poles apart and therefore you will never fit into the ideology of the ANC. Kiss this country goodbye. The ANC will rule this country.
SOUTH AFRICAN OLYMPICS EXPO
SUPPORT FOR TEAM SOUTH AFRICA
(Minister’s Response)
The MINISTER OF SPORT AND RECREATION: Chairperson, I am pleased the hon Lee raised the question so that the members - as the Minister of Finance has correctly said - should not rely on what the media says. They should rely on facts, and as hon members they should research issues before they assume them to be facts. The facts are as follows: The hon Lee is correct in that there have been some handicaps with respect to our programmes in Beijing, but he is being hyperbolical. On 5 August 2008 the scheduled press conference did take place and we addressed 17 media houses and today, in addition, we addressed the South African media houses, including John Bailey and his crew from the SABC. That was a scheduled event and it did take place irrespective of what the grey-haired one is whispering here.
The second event was that which took place on the night of 6 August 2008 when we welcomed our athletes from Korea; they had been preparing for the last time. We had a wonderful night. You ask them and also ask the journalists as the South African journalists were there. It was a full house of over 500 people enjoying themselves until, of course, we had to leave quickly because that same evening President Bush and his wife; his father and his wife; and his brother and his wife were arriving at the Western Hotel from Bangkok. This is an empirical truth. I am not fabricating here, and because of that we were told our time in the Western hotel is over and so we left, but we had achieved the scheduled objective of welcoming our athletes.
The next function was scheduled for 9 August. It could not take place for three reasons: The first one is what Mr Lee calls the administrative inefficiencies. We agree with you on that. The hon member again suggested that we should take steps and we also agreed to that. The Public Finance Management Act directs us to do that, but we cannot do that until those members are back from Beijing, so they can face the consequences. Now, the other reason for that is because our marketing merchandise Mr Lee, was embargoed at the customs in Beijing and that took a lot of negotiation to get them released. There was no way that we could not have had them embargoed. We could not help that it was beyond our control. Why, because… because, why, you are right… [Laughter.] [Interjections.]
The HOUSE CHAIRPERSON (Mr G Q M Doidge): Minister, you are running out of time. I will allow you a few seconds to round off.
The MINISTER OF SPORT AND RECREATION: Chairperson, we ran out of time a lot in Beijing. The function that the hon Lee is alluding to, which is scheduled to market the 2010 expertise, is taking place as scheduled at 19h00, on 21 August 2008, and it will be addressed by the hon Minister Essop Pahad and the hon Deputy Minister Jabu Moleketi. It is going ahead as scheduled. So out of four events, only one did not take place because of those exigencies that I have explained. Thank you.
EDUCATION CAMPAIGN LAUNCHED IN KLIPTOWN
ZUMA TRIAL
(Minister’s Response)
The MINISTER OF EDUCATION: Chairperson, I wish to welcome the statement by the hon Mosala on behalf of the ANC, which recognises the successful launch of the Health and Education Campaign of the ANC. The campaign is a call to action and mass mobilisation of all South Africans – a call on each one of us to play a role in advancing the objectives of a quality education for all our children in our country. It seeks each person to commit to action and participation.
We have said before that it is impossible for us to address, merely as a department or Ministry, the wide breadth of challenges in education, and therefore we welcome the ANC’s commitment to mobilising the entire society
- all our branches, every individual, every community, every governing body and every member of Parliament - to play a role in advancing quality education.
With respect to the statement made by the hon Mfeketo, I think she is absolutely correct in her assertion that the ANC respects all institutions of governance and democracy in South Africa. We trust that all of them from the prosecutorial services up to the Constitutional Court will exercise their distinct and independent role with full attention to the status in society and with due attention to the full democratic and judicial rights of all persons who come before them. Thank you.
FOOD TENDER FOR PRISONS
(Minister’s Response)
The DEPUTY MINISTER OF CORRECTIONAL SERVICES: Chairperson, I would like to respond to the matter or statement raised by the hon Seaton. I would like to echo the sentiments of the Minister of Finance and the Minister of Sport and Recreation in terms of us being led by reports in the media. I understand because this matter came out in the weekend newspapers and maybe the hon member prepared her statement then. Subsequent to that a submission was made this morning to the portfolio committee on this very matter, led by the Chief Deputy Commissioner on development and care under which our nutritional programmes fall.
I also believe that the matter was clarified at the meeting because both the Minister and I were not at the meeting. I am not sure if member Seaton was there, but if she was not there I am sure we can make those reports available, as a matter of public record, to the hon member as well as to the House at large. Thank you.
SADC FREE TRADE AGREEMENT
(Minister’s Response)
The DEPUTY MINISTER OF TRADE AND INDUSTRY (Dr R H Davies): Chairperson, I want to respond to the statement made by the hon Skosana and just to indicate that I welcome the fact that he has drawn our attention to the fact that from now on substantially all trade will take place without the payment of duties between 12 countries that have a combined Gross Domestic Product of US$360 billion and a population of 170 million.
He is also quite correct to say that a lot more has to be done to make sure that the Free Trade Area Agreement promotes growth and development in our region. More importantly is the built-in agenda of technical matters like trade facilitation, rules of origin and so on, but the fundamental question which we all need to confront is, what further steps need to be taken to advance real integration beyond the Free Trade Agreement?
In government we have supported the developmental approach, which argues, that the fundamental barriers to grow regional trade in developing regions often have much to do with underdeveloped production structures and inadequate infrastructure. Building on that, we have argued that the fundamental priorities now are to develop co-operation in industrial policy and advance infrastructure development programmes, and that they ought to have priority over formal trade arrangements in an integration programme.
I will invite Parliament in its own right and also as part of the organs such as the Southern African Development Community’s Parliamentary Forum to engage further with these very critical matters as to how to advance our integration programme in the SADC region and build on the important gains which we have made with the launching of the Free Trade Area. Thank you.
BROADCASTING AMENDMENT BILL
(Second Reading debate)
Mr I VADI: Chairperson, it is my pleasure to introduce to the House the Broadcasting Amendment Bill. The reasons for the introduction of a committee Bill were explained earlier when the Bill was first introduced in the House in June this year.
Since then, the committee has held public hearings, and I wish to express my sincere gratitude to the various individuals and organisations that have participated in these hearings. They have made extremely valuable and interesting suggestions to the committee, some of which have been incorporated into the current Bill.
I will speak very briefly to the provisions of the Bill, and my colleagues Comrade Lumka Yengeni and Eric Kolwane will speak to the political rationale for the amendments that we are proposing.
In terms of substance, the Bill redefines the appointing body of the SABC Board. It suggests that the President in consultation with the Speaker of the National Assembly shall, in future, appoint the SABC Board, its Chairperson and the Deputy Chairperson.
The role of Parliament remains intact in that the National Assembly will still have to recommend the names of 12 persons, including the chairperson and the deputy chairperson through a transparent public selection process.
Provision is also made in the Bill for the removal by the National Assembly of a member of the board on grounds of misconduct, inability to perform the duties of office efficiently and a conflict of material interests.
Furthermore, the National Assembly may, by the adoption of a resolution, recommend the dissolution of the entire board; that is, if the board fails to discharge its fiduciary responsibilities and duties, if it fails to adhere to the charter of the corporation and if it fails to carry out its core functions diligently.
In that case, an interim board shall be constituted to assume the corporate governance responsibilities of the corporation. The interim board will be composed of five non-executive members appointed on the recommendation of the National Assembly. They, together with the Group Chief Executive Officer, the Chief Financial Officer and the Chief Operating Officer of the SABC, will constitute the interim board.
The term of office of the interim board shall not exceed six months within which time processes for the selection and the appointment of the permanent board should be completed by the National Assembly.
Mr Chairperson, with these brief introductory comments, I trust that the House will support the Broadcasting Amendment Bill. [Applause.]
Ms M SMUTS: Chairperson, if this Bill truly dealt with bona fide cases where the removal of an SABC board member for misconduct or incompetence might be found necessary, then the amendment which I proposed would have been enough. That amendment brings the removal provision in line with appointment, which was drawn from the constitutional arrangements for the Chapter 9 Institutions because the public broadcaster enjoyed section 16 media freedom and, like the commissions, must be independent from government, therefore, elected by Parliament or if necessary removed on the advice of Parliament.
However, that removal provision, the one I proposed, now sits alongside a set of clauses that propose the dissolution of the entire board and the installation of the small hand-picked interim board without any transparent process. That is offensive, intimidatory and destructive of the security of tenure without which this board cannot protect section 16-type of editorial independence and the right of the public to be informed.
It also puts on public display the intentions of the ruling portion of the ruling party. Do not forget that the sitting board at age 4 months was already declared guilty of and I quote, ‘‘failure and inability to fulfil its statutory duties’’, and of not being in the position to execute its fiduciary duties. Those are now the grounds for dissolution.
It was declared guilty of these things during the kangaroo court conducted by this same committee on 30 April. Hon members will recall that I described here in May how not the single aspect of either fiduciary or statutory duties enjoyed any attention during this ‘‘Alice in Wonderland’’ committee session. They will recall that they, the hon House, declined to adopt the report. There was, in other words, no due inquiry on 30 April. It is therefore no argument to say that administrative justice is implicit because, sure enough, the requirement for due inquiry in early drafts of this Bill has been summarily removed. One would have to be blind not to see the SACP has had its way. Its Communications Head, Mr Malesela Maleka, in a public submission on this Bill, called due inquiry, I quote, ``a counterrevolutionary attempt to protect bourgeois space with legal concepts’’.
Now the legal concept of the separation of powers is another constitutional casualty of this Bill. It is, especially, on that concept that we will petition the President by decision of the DA caucus. We will petition the President not to sign it into law.
What is the point of allowing the hon Speaker an effective veto right over the purely executive action of presidential appointment or removal, when the one thing that has survived is the National Assembly’s binding power to select and now to remove? Obviously, the thinking is that the Polokwane faction in Parliament will decide and the new chairperson of that party will force the President to execute that decision. But that’s the most primitive form of power politics. It cannot be the law because it is unconstitutional. [Applause.]
Ms S C VOS: Thank you, Chairperson. The IFP has made it clear that it will not support this Bill for many reasons. We believe this Bill will prove to be an enabling factor for direct political interference into the governance of the SABC and is an assault on the independence of the board of the public broadcaster.
We question, as does the DA, the constitutionality of the attempt to fudge the separation of powers between the executive and our legislature, by making the “appointing body” of the SABC board “the President in consultation with the Speaker of the National Assembly”.
The proposition that an entire board of the SABC can be removed not after “due inquiry” but merely after a “finding” of a committee of the National Assembly is, quite simply, outrageous. Not once since 1994 has this ever been on the agenda of the Portfolio Committee on Communications but suddenly, after Polokwane, the issue has become one of extreme urgency. It is a patently obvious intraparty-political manoeuvre and in so doing this honourable House is being used as a tool for the political machinations of the new post-Polokwane ruling clique of the ANC.
The IFP will vote against this Bill and is considering petitioning the President of the Republic not to sign this Bill into law once it is passed by Parliament. We cannot and will not support a bad law. This Bill is a bad law. I thank you. [Applause.]
Mr L W GREYLING: Chairperson, the ID is strongly opposed to this amending Bill. We are fully cognisant of the problems plaguing the SABC and the urgent need to resolve these issues.
It is important, however, that in seeking to resolve short-term issues we do not set in place a regime that can be abused over the long term. This amending Bill will have a chilling effect on the independence of the public broadcaster in that it will give the portfolio committee the power to simply dissolve the board on a finding, and not even follow the process of due inquiry.
The ANC must realise that the SABC is a national asset, which is responsible to the entire public and should, therefore, not be subjected to the destructive machinations of the ruling party.
The ID also believes that the fundamental principle of the separation of powers will have been breached by the passing of this Bill. According to this amending Bill, the appointing body is now comprised of both the President and the Speaker of Parliament, which has obviously been done to accommodate narrow party interests.
The ID will certainly not be a party to the flagrant disregard for the constitutional provision of the separation of powers and will, therefore, strongly oppose this Bill. [Time expired.]
Mr S N SWART: Chair, the ACDP acknowledges that there are certain lacunae that need to be addressed, such as the removal and resignation of individual board members. It is also true that the current system has failed the test of preventing political interference in the SABC.
We cannot, however, support provisions that allow for the wholesale sacking of the board without due process. This is a clear attempt to enforce the will of the new ANC leadership post-Polokwane. The Speaker should also not be involved in the manner proposed in the amendment. The Speaker should remain neutral and not be involved in the process. Parliament should have the role of dismissing single board members after a proper inquiry.
The ACDP, consequently, will not be party to this process and will not support this Bill. I thank you.
Dr P W A MULDER: Sir, the SABC is not a state broadcaster, but a public broadcaster. This is one of the big differences between South Africa and Zimbabwe. Since independence, Mr Mugabe has controlled the media tightly and specifically the broadcasting media, making it possible to keep so many Zimbabwean voters in the dark about the real conditions in Zimbabwe.
The difference between a state broadcaster and a public broadcaster is that, in the case of a public broadcaster, there is a concerted effort to keep the broadcaster independent from the government of the day. The amendments to the Broadcasting Bill in front of us today, are a serious step in the wrong direction – away from an independent broadcaster towards a state broadcaster.
We strongly oppose these amendments as a whole as it would make it possible to fire the whole board at once. It is a transparent step to obtain permanent political control over the SABC board and thus control over the public broadcaster. In practice, this means that the present ruling party, or any other future ruling party, will permanently be holding a sword over the heads of the SABC board members to act in such a way that they gain the approval of the governing party.
In praktyk beteken dit dat die regerende party ’n permanente swaard oor die koppe van die SABC-raadslede gaan hou sodat hulle na die party se pype sal dans. Dis onaanvaarbaar; ons sal dit teenstaan. [Tyd verstreke.] (Translation of Afrikaans paragraph follows.)
[In practice, this implies that the ruling party will hold a permanent sword over the heads of the SABC board members so that they will have to toe the party line. This is unacceptable; we will oppose this. [Time expired.]]
Mr S E KHOLWANE: Chairperson, hon members, indeed the current provisions of the Broadcasting Act of 1999 have its own challenges which need to be dealt with, in particular section 15 in relation to the removal of non-executive board members.
On 30 April 2008 the Chairperson of the SABC board acknowledged that the leakage of a confidential memorandum, which contained allegations against the group chief executive officer to the media, was not in keeping with good corporate governance and was also in conflict with what is expected of the board members in terms of the articles of association of the corporation.
Based on the above reasons, the chairperson of the board made an undertaking that this matter will be investigated. However, four months down the line, no investigation has taken place. When we passed a vote of no confidence in the SABC board on 30 April 2008, members of the opposition did not see anything wrong with the board which leaked information. In fact, they said this was a political purge because the board was appointed by President Mbeki.
I can only assume that, according to the opposition, to leak confidential information to the media is in keeping with good corporate governance and the articles of association of the corporation. Therefore, no action should be taken against anyone to that effect.
Contrary to that, an independent member of the judiciary, Judge Tsoka, in the Johannesburg High Court when passing a judgment on 19 May 2008, said –
The conduct of Mkonza falls short of a director who should act independently without fear or favour, openly with integrity and honesty. This conduct deserves a punitive costs order. The board of directors acts as a collective. In this capacity, the board is as culpable as its chairperson.
It is my considered view that the judge vindicated the position taken by the portfolio committee on 30 April 2008. If the current provisions of the Broadcasting Act of 1999 are adequate why is nobody acting on the current state of affairs at the SABC? Whose interest is what is currently happening at the SABC serving? Is it serving the public interest as the opposition members have indicated or is it serving individual interests that we are not aware of? Surely, the current state of affairs at the SABC does not serve the public interest. [Interjections.]
During the public hearings most of the submissions indicated that the Bill is in conflict with section 192 of the Constitution. Of course, we did clarify that section 192 does not necessarily refer to the SABC board, but is talking to the Independent Communications Authority of South Africa, Icasa, that has the authority to regulate broadcasting.
We do not subscribe to the notion that if amendments contain a provision for dissolution of the board under certain circumstances, it is an attack on the security of tenure and therefore, it compromises the independence of the board, unless we describe the independence of a board in a narrow sense.
We have noted with regret some media reports over the weekend that suggests that if the Bill is passed into law, it will be the end of the current SABC board. That is not true, but one thing for sure is that after the Bill has been passed into law and the current state of affairs continues, the appointing board will have to act, and act decisively.
As to the outlined programme by the DA to petition the President of the Republic not to assent to the Bill, all we can say is that if that happens we will be ready to deal with whatever issues that will be highlighted from the Bill and which we will be told are unconstitutional. We will deal with those issues; the Bill will go back to be assented to and so on.
The oversight role of Parliament cannot be reduced to only identifying problems and then not being able to provide solutions to such problems. Parliament must have a mechanism of correcting problems in the broader interest of the public.
What we should not do, or cannot do, is to fold our arms and cry foul whilst we have the power to ensure that the legislation does bite. We cannot bury our heads in the sand and pretend that all is well in Auckland Park; not at all. The ANC supports this Bill. Thank you.
Mr I S MFUNDISI: Chairperson and hon members, the SABC is in a state of flux because of the standoff between it, its board and management, and to a greater and lesser degree, even the ANC. This has resulted in the birth of this Bill.
Surely there is a problem in the SABC and for the record, the UCDP is strongly against the definition of “appointing body”, which has to be “President, acting in consultation with the Speaker of the National Assembly”, because in our view the separation of powers as laid down in the Constitution has to be observed. The Speaker should not be a referee and a player in one.
The current Speaker’s involvement is compromised by her position in the ANC as National Chairperson - actually it is the ANC that is complaining. The conventional role of a Speaker in any parliament is to preside over the business of the House and set up committees in the legislature in question. We shall in future, by extension, have the Speaker putting her hand in the establishment of boards and other ministries. We would rather have the Minister in charge of broadcasting have a role to play. [Time expired.] The UCDP will not support the Broadcasting Amendment Bill.
Mr R B BHOOLA: Chairperson, one of the challenges of the apartheid regime was how to curb the freedom of the press. With the introduction of true democracy in South Africa, the MF finds it crucial to ensure and secure the full freedom of the press. In a democracy like ours, where its success depends on transparency and the people’s access to information, the MF finds it crucial to secure an independent and free press and broadcasting body.
It is, however, also true that we need to remain accountable and that the SABC should be answerable to some authority. In view of the press and the fear of majority control over its board, the MF suggests a body that will consist of two members of each political party and not one of proportional representation, as this will secure us away from autonomy and further ensure the SABC’s independence.
The MF has no objection to the Bill’s inclusion of the President and Parliament’s intervention, but hopes that it will elaborate on and provide a greater clarity of how members shall be dismissed. The MF will support the Bill.
Mr L M GREEN: Chairperson, the Bill recommends that the President, in consultation with the Speaker, ought to appoint members to the board of the SABC. We have a clause which seems to suggest that this House will abdicate its role to the Speaker to act on its behalf when appointing the board members of the SABC, and this we find unacceptable.
This House must protect the powers vested in it by the Constitution. The Speaker cannot be both referee and player. Clause 1 of this Bill gives the impression that government, including the opposition parties, are not able to hold the executive accountable and the Speaker must now perform this duty.
I fully concur with both Ms D Smuts and Ms Vos, as well as the ID and all the parties and with their objections raised. I believe that they are correct and we will therefore vote against this Bill. This is a clear indication that this House will decide against any politically motivated laws aimed at suppressing our oversight responsibilities. The FD will join all parties who petition the President not to sign this Bill. [Applause.]
Mrs L E YENGENI: Chairperson, the events that unfolded in the SABC since this board was appointed has left a bitter after taste to those who fought and sacrificed for the liberation of this country. The ANC observed all the shocking and embarrassing news that dominated the front pages of the print media in the past few months: The leakage of memoranda by the board; the suspension of the head of news; the subsequent suspension of the GCEO of the SABC a few hours later; the string of court cases that were unleashed; the protests and petitions by management and staff of the SABC calling for the board to resign; and the string of board special meetings that amounted to more than a million rand in seven months, excluding accommodation, meals, transport, court cases and trips abroad. The exoneration of Snuki Zikalala, without facing disciplinary processes, sets a serious precedent that insinuates that those who are close to the power are immune from disciplinary processes.
Hon Vos, who should account for those fruitless expenditures? An individual member of the board or is it a collective responsibility? Who should take responsibility for the leakage of the memorandum which the board agreed upon? Is it the responsibility of an individual member of the board or is it the collective responsibility of the board? Who should take responsibility for the exoneration of Snuki Zikalala without facing disciplinary processes? Is it the responsibility of an individual or is it the collective responsibility of the board?
The shortcomings of section 15 of the Broadcasting Act have never been an issue to this portfolio committee, nor to our predecessors for that matter. However, the circus in the SABC over the last few months has compelled the ANC in Parliament to ponder the ambiguity of this section and come up with various best possible options with the aim of rectifying it.
The amendment of the Bill was the only option that could empower Parliament to exercise a meaningful oversight and provide strategic interventions when necessary. Opposition parties have been lambasting the ANC for being rubber- stampers of executive decisions. Today, the same rhetoric is repeated, yet the whole effort by the ANC in Parliament is aimed at empowering Parliament and the National Assembly.
The ANC is a caring organisation. It takes the views of opposition parties seriously and considers them with respect. [Interjections.] However, it is very difficult to reason with the opposition parties or to talk sense with them, because their concept of opposition is not based on the content of democratic principles. I can understand that path being taken by the DA, because it is a lily-white dominated party with strong traces of the apartheid regime. [Interjections.] There is no political malice behind this decision and it is neither directed at the current President of the Republic.
It is unfortunate that the opposition parties again are hiding behind the Constitution in opposing this view, forgetting that the Speaker of the National Assembly by virtue of being the leader of the National Assembly, holds an executive position. The partiality of the Speaker is one of the prime values in terms of which the integrity of the South African Parliament is measured. The Speaker of the National Assembly’s role is twofold. It is dual in nature; it is constitutional and institutional. Constitutional in the sense that he or she is a leader of the House; institutionally because as a leader of Parliament, the Speaker of the National Assembly must provide political guidance to the House and provide strategic interventions when it is needed. If we believe in the impartiality of the Speaker of the NA, why should we then question his or her capacity to appoint and dismiss?
The DA and the media have made it their business to shout and scream purge or purging whenever the majority party seeks to introduce changes, be it in its internal organisational structures or in Parliament and in government. The leader of the DA, hon Sandra Botha, led a campaign of motion of no confidence against the President of the Republic during the state of the nation address in Parliament. Of course they failed to pass it. The DA is the same party that is now threatening to petition the same President of the Republic to not sign this Amendment Bill. [Interjections.] That is an old strategy of divide and rule by a lily-white apartheid regime. It has failed. It will fail even today.
The principle here is to fight the ANC at all costs. When the DA went to its predominantly white conference and elected a white leader, the ANC did not scream or jump up and down. We respected the right of DA members to democratically elect a leader of their choice, but when the ANC does the same, suddenly it is a purge of Mbeki supporters by Zuma supporters. [Interjections.]
The HOUSE CHAIRPERSON (Mr G Q M Doidge): Order! Order! Order, hon member. Can I please ask for order from my left? Please proceed, hon member. Order!
Mrs L E YENGENI: In the same breath, this incompetent SABC board, which was recognised as such by a Supreme Court ruling, should not be dismissed because it will be a purge of an Mbeki board. This crying and screaming of purge by the DA and the media is nothing more than a political manoeuvre to stifle the ability of the ANC to take its own democratic decisions in a manner that is consistent with the provisions of its Constitution. The DA masquerades as a democratic organisation, yet seeks to deny the ANC the same right to decide democratically on the route it wants to take regarding its issues. The DA wants the ANC to ignore the wishes of its membership. The ANC will not take advice from its former oppressors on issues of democracy. [Interjections.]
Hon Smuts, understand that the ANC has been voted into power by the majority of this country and the DA can voice their views in the committee, but the voice that will emerge is the voice of the party that was given a mandate by the people through their votes. That party is the African National Congress and the ANC will not be intimidated to use that power. [Applause.] You can jump up and down and scream, but their views, meaning your views, will not stand. They will of course enjoy the sympathy from the press and give them good media coverage and dominate the electronic media screens because it is owned by a few rich whites. I am sorry, hon Smuts, you have to accept that white minority power is dead. [Interjections.] If you want your voice to be heard, you must convince the masses to vote DA and forget about the ANC. The time for minority rule is over and outdated. This is a democracy in the making. The ANC supports the amendments. [Applause.]
Debate concluded.
The HOUSE CHAIRPERSON (Mr G Q M Doidge): Order! Order! That concludes the debate. Are there any objections to the Bill being read a second time?
Question put: That the Bill be read a second time.
Division demanded.
The HOUSE CHAIRPERSON (Mr G Q M Doidge): Order! I would like to remind members that they may only vote from their allocated seats. 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 is closed by the Chair. [Interjections.] Order! Order!
The House divided.
AYES - 238: Abram, S; Ainslie, A R; Anthony, T G; Arendse, J D; Asiya, S E; Baloyi, M R; Beukman, F; Bhengu, F; Bhengu, P; Bhoola, R B; Bloem, D V; Bonhomme, T J; Botha, N G W; Burgess, C V; Cachalia, I M; Carrim, Y I; Cele, M A; Chalmers, J; Chauke, H P; Chikunga, L S; Chohan, F I; Combrinck, J J; Cronin, J P; Cwele, S C; Dambuza, B N; Daniels, P; Davies, R H; Diale, L N; Dikgacwi, M M; Direko, I W; Dithebe, S L; Dlali, D M; Dlungwana, Z P; Doidge, G Q M; Fazzie, M H; Fihla, N B; Frolick, C T; Fubbs, J L; Gabanakgosi, P S; Gaum, A H; Gcwabaza, N E ; Gerber, P A; Gololo, C L; Gore, V C; Greyling, C H F; Gumede, D M; Gumede, M M; Gxowa, N B; Hajaig, F; Hanekom, D A ; Hendrickse, P A C; Hlangwana, N; Hogan, B A; Holomisa, S P; Huang, S; Jacob, A C; Jacobus, L; Jeffery, J H; Johnson, C B; Johnson, M; 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; Komphela, B M; Kota, Z A; Kotwal, Z; Landers, L T; Lekgetho, G; Lekota , M G P; Lishivha, T E; Louw, J T; Louw, S K; Ludwabe, C I; Luthuli, A N; Maake, J J; Mabandla, B S; Mabe, L L; Mabena, D C; Madasa, Z L; Madella, A F; Madlala-Routledge, N C; Maduma, L D; Magau, K R; Magubane, N E ; Magwanishe, G B; Mahlaba, T 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; Martins, B A D; Maserumule, F T; Mashangoane, P R; Mashigo, R J; Mashile, B L; Masutha, T M; Mathebe, P M; Mathibela, N F; Matsemela, M L; Matsomela, M J J ; Maunye, M M; Mayatula, S M; Mdaka, N M; Mdladlana, M M S; Meruti, M V; Mfeketo, N C; Mgabadeli, H C; Mkhize, Z S; Mlangeni, A; Mnguni, B A; Mnyandu, B J; Moatshe, M S; Modisenyane, L J; Mofokeng , T R; Mogale, O M; Mohamed, I J; Mohlaloga, M R; Mokoena, A D; Mokoto, N R; Moloto, K A; Monareng, O E; Moonsamy, K; Morkel, C M; Morobi, D M; Morutoa, M R; Morwamoche, K W; Mosala, B G; Moss, M I; Motlanthe, K P; Motubatse-Hounkpatin, S D; Mthembu, B; Mthethwa, E N; Mtshali, E; Mzondeki, M J G; Nash, J H; 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; Ngele, N J; Ngwenya, M L; Ngwenya, W; Nhlengethwa, D G; Njikelana, S J ; Njobe, M A A; Nkuna, C; Nogumla, R Z; Nonkonyana, M; Nqakula, C; Ntuli, B M; Ntuli, M M; Ntuli, S B; Nxumalo, M D; Nxumalo, S N ; Nyambi, A J; Nyembe, K K M; Nzimande, L P M; Olifant, D A A; Oliphant, G G; Oosthuizen, G C; Padayachie, R L; Pandor , G N M; Phadagi, M G; Phala, M J; Pieterse, R D; Radebe, B A; 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; Sekgobela, P S; Selau, J G; September, C C; Shabangu, S; Sibande, M P; Sibanyoni, J B; Sibhidla, N N; Siboza, S ; Sikakane, M R; Sisulu, L N; Sithole, D J; Skhosana, W M; Smith, V G; Solo, B M; Sonto, M R; Sosibo, J E; Sotyu, M M; Surty, M E ; Swanson-Jacobs, J; Thabethe, E; Thomson, B; Tinto, B; Tobias, T V; Tolo, L J; Tsenoli, S L; Tshivhase, T J; Tshwete, P; Turok, B; Twala, N M; Vadi, I; Van den Heever, R P Z; Van Wyk, A; Vundisa, S S; Wang, Y; Xingwana, L M; Yengeni, L E; Zita, L; Zulu, B Z.
NOES - 49: Bhengu, M J; Blanché, J P I; Botha, A; Chang, E S; Cupido, H B ; Davidson, I O; De Lille, P; Delport, J T; Doman, W P; Dreyer, A M; Ellis, M J; George, D T; Greyling, L W; Groenewald, P J; Jenner, I E; Joubert, L K; Julies, I F; Kalyan, S V; King, R J; Labuschagne, L B; Lee, T D; Lowe, C M; Marais, S J F; Masango, S J; Mfundisi, I S; Minnie, K J; Morgan, G R; Mulder, P W A; Nel, A H; Pule, B E; Roopnarain, U; Schmidt, H C; Seaton, S A; Seremane, W J; Sibuyana, M W; Singh, N; Skosana, M B; Smuts, M; Spies, W D; Stephens, J J M; Steyn, A C; Swart, M; Swart, P S; Swart, S N; Swathe, M M; Trent, E W; Van Der Walt, D; Van Dyk, S M; Vos, S C.
ABSTAIN - 3: Lucas, E J; Matsepe-Casaburri, I F; Sigcau , S N.
Question agreed to.
Bill read a second time.
SKILLS DEVELOPMENT AMENDMENT BILL
(Second Reading debate)
The MINISTER OF LABOUR: Chairperson, without wasting much of the time of the House, we consulted extensively in arriving at the proposed amendments to the Skills Development Act of 1998. Therefore, I will not go through the memorandum. I hope that hon members have read the Bill. It deals mainly with issues around apprentices, employment services and artisans. We are also repealing the Manpower Training Act and are establishing a Quality Council for Trades and Occupations as well as clarifying the legal status of the National Skills Fund.
Therefore, I would like to express my appreciation to the National Skills Authority, the social partners at the National Economic Development and Labour Council, Nedlac, and the members of the portfolio committee under the guidance and the leadership of the chairperson, Ms Rebecca Kasienyane. I therefore submit this Bill to the House. Thank you. [Applause.]
The HOUSE CHAIRPERSON (Mr G Q M Doidge): Thank you, hon Minister. I don’t see the hon O R Kasienyane.
Ms O R KASIENYANE: Chairperson, indeed this is a very beautiful and understandable Bill and not a controversial one. Of course we have, as committee members, agreed on it. I don’t expect any member to hold a different view and I don’t expect any surprises from the DA. Members of the executive, the Leader of Government Business, hon Motlanthe, hon members, maybe I should start by thanking people who have been with us all along. These people are Mr Morotoba from the department, as well as Ms Xoliswa, who is the Chief State Law Adviser. They have been with us in all the proceedings.
We have just entered a new dawn. We have just broken the last link with the old apartheid government. The tabling of this Skills Development Amendment Bill of 2008 to the portfolio committee saw the repeal of the Manpower Training Act of 1981, as the Minister has already mentioned. What may have been perceived as progress in the late seventies is now outdated. Whilst the Wiehahn Commission’s recommendations led to the abolition of most discriminatory aspects of the South African labour legislation, the new Employment Relations System, as recommended by the commission, did not contribute much to the establishment of a sound collective relationship.
Recommendations regarding the streamlining and rationalisation of labour legislation and vocational training all led to the establishment of the Manpower Training Act. Our policies have reached a new level of maturity. There is a greater level of co-ordination and consistency, and today we have hit the nail by addressing structural and programmatic means of implementing these policies.
We are moving forward with the 2004 election manifesto objectives of creating work and fighting poverty through skills development. More than ever before, the ANC-led government shall lead the fight against poverty and underdevelopment as the President of the country stated that:
More than at any other time, the situation that confronts our nation and country, and the tasks we have set ourselves, demand that we inspire and organise all our people to act together as one, to do all the things that have to be done, understanding that in a very real sense, all of us, together, hold our own future in our hands.
Now, this Bill is an indication of how much can be achieved when we work together.
In 2001, the Department of Education and Labour started a long process of reviewing the National Qualifications Framework, NQF, in order to enhance the efficacy and efficiency of the education and training system of the country. As a result, the Skills Development Act Amendment Bill is a symbol of the maturity of our government regarding the existing structures and the level of co-operation between departments. It also symbolises the maturity of our institutions, especially Nedlac.
I am not going to touch on many of the good things that the Bill contains, but I will rather try to reduce the length of my speech. The portfolio committee would like to extend its appreciation to and reaffirm its confidence in Nedlac’s role under the leadership of Mr Herbert Mkhize in seeking consensus between labour, business and government on issues pertaining to social and economic policy. As a result of a Nedlac process that took place, intricacies around the Bill were already ironed out when the Bill was tabled before the Portfolio Committee on Labour on 17 March. That is why we had such limited submissions because many of stakeholders had their bite through Nedlac.
This Bill seeks to integrate all learning programmes related to the workplace into a single piece of legislation by repealing the remaining provisions of the current Manpower Training Act of 1981 in order for it to be in line with the Skills Development Act. These amendments redefine apprenticeship as a form of learnership and there is a shift of emphasis to the attainment of artisan status as opposed to the routes followed. The Bill also provides for the establishment of the national moderation body, whose functions are currently performed by Indlela - the listing of occupations as a trade and how such a trade can be removed if it is no longer required.
Finally, the Bill provides for all artisans who are practicing to be registered in order to maintain quality standards, including the deregistration of those who are in breach of the set codes of conduct. It also redefines artisan development by recognising prior learning, where most of the previously disadvantaged groups fall within. Each and every single township knows someone who excels in plumbing or any other artisan trade but who is not formally qualified with a certificate. The saying, “kill two birds with one stone”, directly applies to this section as it addresses two issues at once. Firstly, it reorganises informal trades and secondly, it also addresses unemployment rates among the previously disadvantaged groups.
In the course of a trade test, this Bill recognises four routes that will qualify a person for a trade test, namely if a learner has completed a learnership, an apprenticeship, an internship or has acquired prior learning experience. It also outlines the route to the national vocational certificate, which is attained through Further Education and Training colleges.
The rationale of the Skills Development Amendment Bill of 2008 is to raise the quality of workplace skills development and learnerships so as to contribute to the broader skills strategy as it aims to contribute to sustainable development by empowering learners to find employment. It is against this backdrop that the Portfolio Committee on Labour supports the Bill because our people’s lives will improve as the economy becomes more competitive.
The ANC supports the amendments.
The HOUSE CHAIRPERSON (Mr M B Skosana): Thank you, hon member. Before I call the next speaker, hon members, I think some of our private conversations are a bit loud. Can we simply regulate them! They are a bit loud now.
Ms A M DREYER: Chairperson, the mansion, South Africa, has many very smartly furnished rooms, but very few people occupy them. Some rooms are very sparsely furnished, but far too many people are crowded in them. The residents in the overcrowded, but sparsely furnished rooms cannot move to the smart rooms because they do not have keys to the doors. The smartly furnished rooms with a few people are for the skilled people. There are not enough people with the right qualifications and skills to fill these rooms, while the sparsely, but overcrowded rooms are filled with the unemployed.
There are about 7,3 million people without jobs. That is 36% of the population. The tragedy is that they are mostly young people between the ages of 18 and 35 years. Many are discouraged jobseekers. They are willing to work, but they have given up hope of ever finding a job. How can we help these desperate young people to gain entry into the smart rooms – the job market? There is a key to the smart rooms or the job market; the key is education and training. With this key, education and training, young people can improve their chances of finding a job.
The Skills Development Amendment Bill before us today aims to improve the skills training, which should help young people to make better use of available job opportunities. This Bill, inter alia, aims to remove the uncertainty regarding the future of artisans and the perception that has developed that artisan development has been discontinued by placing emphasis on the importance of artisan training and the role of artisans in the economy. It strengthens this institutional capacity of the Department of Labour regarding artisan assessment, moderation and registration. It also provides a legal basis in respect of the establishment of the Quality Council for Trades and Occupations to support, maintain and develop quality of standards and liaise with the SA Qualifications Authority.
While this Bill has all the right intentions, as with the proof of the pudding that is in the eating, the proof of this Bill will be in its implementation. Therefore, it is very important that the Minister of Labour should fill the vacancies in his department, starting with the director- general, by appointing capable and competent people who could help ensure the success of the Bill. [Interjections.]
We cannot let down seven million unemployed, mostly young people. The future of our youth is at stake. The DA supports this Bill, trusting that it will help young jobseekers to get a qualification that will help them find jobs and restore their dignity. [Applause.]
Dr U ROOPNARAIN: Chairperson and hon colleagues, the Bill before us aims to provide new functions for the National Skills Authority and the Setas. It also aims to repeal the Manpower Training Act. I think our chairperson of the committee did an excellent job when she provided an excellent summary of the Bill, so I’m not going to go into that. I just want to touch on the entire dilemma of scarce skills.
The stark realities of the labour market are all too familiar to us such as the high unemployment rate and the huge number of unfilled vacancies. And, Minister, many artisans and engineers have almost become a threatened species and add to this the list of doctors and nurses. This is the kind of situation we are faced with. Hence we cannot debate the situation any longer and we also understand that there is no such thing as “oven-ready” graduates. It has to start with education and training. Therefore the IFP will support this Bill and we hope this Bill is a step in the right direction. I thank you.
Mr H B CUPIDO: Chairperson, as the time came to build a new government in South Africa, following the dismantling of the apartheid government in 1994, the importance of transforming the workplace into one that approximated the demographic composition of the nation was clearly recognised.
However this government, under ANC rule, focussed so heavily on transforming the various sectors into being representative, that they completely forgot about the importance of delivering an effective and efficient service to all. In other words, this government thought it would be a great idea to replace competent personnel with affirmative action candidates. This caused trained, competent personnel to leave the country, and this is known as a brain drain. This is the same government that goes and recruits, at great expense, competent personnel abroad. And, if that is not all, now their lower standards of education do not qualify anymore. Nevertheless, government’s argument is that they do not have enough employees and especially the kind of skills that is needed, hence the need for the Skills Development Bill.
Today the Skills Development Bill discusses aims to sharpen the link between workplace education and training, and economic growth and employment opportunities. It also seeks to increase the quality and quantity of learning in and for the labour market. Overall the Bill seeks:
To provide an institutional framework to devise and implement national, sector and workplace strategies to develop and improve the skills the South African workforce needs so urgently.
While the urgent need is to employ and repatriate those already qualified … The ACDP will support the amendment. [Time expired.]
Mnr W D SPIES: Voorsitter, hoe meer dinge verander, hoe meer bly dit dieselfde. Toe die vaardigheidsontwikkelingsbeleid ’n paar jaar gelede aanvaar is, het dit gebeur te midde van groot stemme van waarskuwing ten opsigte van die klaarblyklike uitfassering van vakleerlingskappe en die uitfassering van ambagte. Dit was miskien nie die bedoeling nie, maar ongelukkig is daardie boodskap baie sterk uitgestuur.
Die gevare het ongelukkig in ’n werklikheid ontaard. Waar daar in 1986, 26 500 getoetste ambagsmanne in Suid-Afrika was, het daardie syfer vanjaar gedaal tot slegs 9 041. ’n Ander probleem is dat hierdie mense almal gemiddeld tussen die ouderdom van 50 en 55 is, wat beteken dat ons oor tien jaar van nou af byna geen ambagslui gaan oorhê nie.
Hierdie wysigingswet herstel weer die status van ambagslui en vakleerlingskappe en om daardie rede sien die VF Plus dit as ’n stap in die regte rigting. Ons wil die regering gelukwens daarmee. Ons wil graag die wetgewing ook ondersteun.
Terloops, terwyl ek tyd het, daar is iets genoem oor die direkteur-generaal wat vervang moet word. Ek moet sê dat sedert daar ’n waarnemende direkteur- generaal by die Departement van Arbeid is, kry ons vir ’n slag reaksie uit die departement uit. Dit wil ek graag noem en dankie sê daarvoor. Ek dank u. (Translation of Afrikaans speech follows.)
[Mr W D SPIES: Chairperson, the more things change, the more they remain the same. When the skills development policy was accepted a few years ago, it happened in the midst of loud warnings with regard to the apparent phasing out of apprenticeships and the phasing out of trades. Maybe that was not the intention, but unfortunately that was the strong message sent out.
The dangers have, unfortunately, deteriorated into reality. Whereas there were 26 500 qualified tradesmen in South Africa in 1986, this figure has declined this year to only 9 041. Another problem is that the average ages of these people are between 50 and 55 years, which means that in ten years from now, we shall have nearly no tradesmen left.
This amendment Act once again restores the status of the tradesmen and apprenticeships and for that reason, the FF Plus regards this as a step in the right direction. We would like to congratulate the government on this. We would gladly support this legislation too.
Incidentally, whilst I still have time, mention was made about replacing the director-general. I must state that since there is an acting director- general at the Department of Labour, we have received a response from the department for a change. I would like to mention this and express my gratitude for it. I thank you.]
Ms S RAJBALLY: Chairperson, one of our highlighted challenges in South Africa is the shortage of skilled labour. Over 38% of employers in South Africa have reported a shortage of skilled labour. In a country where poverty has kidnapped the lives of the majority of South Africans, we should consider these skills shortages as an opportunity to invest in our people and increase the supply of skilled labour that, in turn, shall also save us from unemployment and eradicate poverty.
We need to infiltrate schools and youth centres to advertise the skills shortages and potential careers. Moreover, the private sector needs to join us in this plight and invest in the training and qualification of more artisans to establish a skilled labour force. This Bill certainly serves the road ahead for skilled labour, but we need investors to mobilise this opportunity into reality. We further have to realise the skills that foreigners bring into our country and how we may benefit from them. The MF supports the Skills Development Amendment Bill. I thank you.
Mr M J G MZONDEKI: Chairperson, this is a very progressive Bill and it is aimed at speeding up service delivery through improved skills development programmes, targeted as a vehicle towards a higher economic performance and forms part of the Accelerated and Shared Growth Initiative for South Africa projects.
The main features of the Bill include, amongst other things, strengthening the implementation of the employment services. Section 23 of this Bill extends the role of the labour centres in providing services to both rural communities and unemployed persons. Their role will further include establishing skills development forums and establish and maintaining a database of all skills development providers within related provinces.
Our oversight work in the constituencies across the provinces indicates that rural communities still struggle to access these services. We know they have to travel long distances sometimes without transport in order to reach the centres. This Bill says that the labour centres of the Department of Labour are to develop plans, programmes and coherent strategies to extend services to rural communities as well.
The ANC welcomes this move as it will ensure that all have equal access to employment services, which include providing information to workers, employers and skills development providers, including the unemployed. Workers will get information about their rights and employers will know what skills are there as these will be in the database. No more excuses about not knowing where to find the right people for the jobs.
In order to further strengthen the implementation, additional implementing structures will be established. Amongst those will be the skills development institutes, which the Minister may establish and allocate the necessary resources for the effective performance of their functions. These institutes may provide advisory services in skills development, mentoring and recognition of prior learning, provide learning programmes and perform any other prescribed function necessary to promote skills development.
The Minister may then make regulations concerning the establishment functions, legal status and the funding of such institutes. We hope that the Minister will, indeed, make use of this provision as we believe that sometimes there is a need for advice, especially by members of the communities on skills development. An example is a number of learnerships that the young and unemployed undergo only to remain unemployed because these learnerships do not talk to the required skills in the communities, but rather benefit some skills providers who are able to convince the Setas through some beautiful business plans.
To further empower the provinces, the Minister may, after consultation with the National Skills Authority, NSA, make regulations regarding, among other things, the establishment of skills development forums in respect of each provincial office and specify their operation, composition and functions. Currently, these forums are there but have no legal status. They are informal structures.
We hope once more that through these structures, the communities will get an opportunity to participate and make a contribution to skills development programmes. The ANC welcomes the move as it confirms that, indeed, this is the government of the people by the people. The Bill also provides a legal basis for the establishment of the Quality Council for Trades and Occupations known as QCTO as proposed in the Joint Policy Statement on the Review of the National Qualification Framework issued by both the Ministers of Labour and Education during August 2007.
The QCTO will support the improvement in the quality assurance for learning in and for the workplace. It will be a centralised body for the development, monitoring and quality assurance of occupationally related learning and will function closely with the Further Higher Education Quality Councils under the Department of Labour. It is also important to know that in its composition the body also includes representatives from the Nedlac partners whose contribution, in this area of skills development, is extremely important. We have noticed this through the way this Bill has been put in success and with speed to the committee with very little work left for the committee, as we reached a lot of consensus there.
I believe that this is a very progressive Bill, which, if implemented, will help us include those who are excluded from participating in our economy because they do not have recognised papers. I am referring to the many people in our communities who have acquired skills through the workplace, but continued to be exploited by those who possess papers and do not, necessarily, have the experience.
We hope that through the trade tests, they will also be recognised and be given an opportunity to improve their lives. Our challenge is to ensure that this Bill once passed is popularized both in the rural and urban areas. The ANC supports the Bill. Thank you. [Applause.]
The HOUSE CHAIRPERSON (Mr M B Skosana): Thank you, hon member, I will not begrudge you for referring to me as “Madam Speaker”. Today was a Women’s Parliament and therefore I will let that one slip.
The MINISTER OF LABOUR: Chairperson, we are making history. All the parties have supported the Bill and this is, indeed, history. I really want to thank them and also thank the Acting Director-General, together with Mr Morotoba, who has taken a lot of his time in trying to make sure that he consults each and every person who was aggrieved, for some reason or the other, about the Bill. I would also like to thank the members of the NSA - and some of them are sitting there in the gallery - for their hard work.
You see, that is why do we always consult in the Department of Labour and these are the fruits that we get when we consult and we don’t get tired. I just want to say one more thing before I go, and that is there is a tax incentive for training and therefore, there is no reason for employers not to train. For instance, the employer receives a tax rebate of R60 000 - R30 000 on entry and R30 000 on exit if you take learnerships. An employer receives R80 000 if he or she trains a person with a disability
- R40 000 at entry level and R40 000 at completion. The employer receives R18 000, which is R35 000 in total for employed people at the workplace. For learners on apprenticeships programmes, the tax rebate is similar to that one of learnerships. In other words, for receiving apprentices you still get the R60 000 - R30 000 on entry and R30 000 on exit.
I really cannot understand what else the ANC-led government can do to encourage employers to train people. Surely, it does not demand resignation but demands that the South Africans should vote for the ANC more and more and more and more. Thank you very much.
The HOUSE CHAIRPERSON (Mr M B Skosana): Thank you, hon Minister. That concludes the debate. Are there any objections to the Bill being read a second time? No objections. Agreed to. The secretary will read the Bill a second time.
Debate concluded.
Bill read a second time.
NATIONAL QUALIFICATIONS FRAMEWORK BILL
HIGHER EDUCATION AMENDMENT BILL
GENERAL AND FURTHER EDUCATION AND TRAINING QUALITY ASSURANCE AMENDMENT BILL
(Second Reading debate)
Prof S M MAYATULA: Chairperson and hon members, we are tabling these Bills when one of our schools, that is the Nic Diederichs Technical High School in Krugersdorp, unfortunately, is under a dark cloud. It was only yesterday when one of the learners went on a rampage, killing another student and injuring two workers with a sword. Our hearts and prayers go out to the parents and relatives of the deceased and to those who were injured, wishing them a speedy recovery. We hope that the school community will recover from this traumatic experience.
The Portfolio Committee on Education is tabling three Bills, the National Qualifications Framework Bill, the General and Further Education and Training Quality Assurance Amendment Bill and the Higher Education Amendment Bill, for consideration.
While the National Qualifications Framework Bill is a new Bill, the other two are consequential to it. I’m excited to report that not only were all the amendments to the Bills agreed to unanimously by all the political parties, but the parties went a step further and mandated me, as chairperson of the committee, to table the three Bills on their behalf. I’m sure those who will be taking the platform will be just filling in the gaps and supporting the Bill.
I would like to convey special words of thanks and appreciation to the 13 organisations, including two universities and one individual, who responded to our invitation by sending written submissions to the committee. A special word of appreciation also goes to the seven who, at their own expense, took the second step and appeared before the committee to make oral submissions. I would like to assure them all that the committee considered each and every submission.
Allow me to make yet another observation: On the day of the public hearings, 30 July, over and above the members of the committee and the officials from the Department of Education, I counted about 40 people from different organisations who showed keen interest by attending the hearings. This could not go unnoticed.
I will now start with the National Qualifications Framework Bill. The explanatory memorandum of the Bill reminds us, and I quote:
The Bill seeks to give responsibility for NQF implementation to three sectoral Quality Councils which will act in close liaison with each other and with SAQA. It is envisaged that a system of collaboration will develop that will ensure the integrity of the NQF.
The essence of the National Qualifications Framework Bill is contained in a joint statement made by the Ministers of Education and Labour, which states, and I quote:
The new policy retains the original objectives of the NQF but envisages changes in its organisational structure. Such changes are designed to address the allocation of responsibilities, resolve tensions among important stakeholders and simplify the NQF apparatus in order to speed up the achievement of NQF objectives.
According to the explanatory memorandum of the National Qualifications Framework Bill, and I quote:
The Reconstruction and Development Programme, RDP, (p. 62), envisaged an NQF that would:
Integrate all elements of the education and training system; Enable
learners to progress to higher levels from any starting point;
Enable learners to transfer credits from one part of the system to
another;
Enable assessment and recognition of prior learning and skills
acquired through experience;
Enable curriculum to cut across traditional divisions of skills and
knowledge.
We are happy as a committee to report that through these Bills, all these objectives will be attained.
This day marks a robust systematic progression of a comprehensive and unique architecture that has been embodied in the SA Qualifications Act of 1995, subsequently translating into an NQF era that provides clarity and vigour within a simplified organisational structure. Indeed, this legislation provides mechanisms for the realisation of the National Skills Development Strategy through interventions such as the Accelerated and Shared Growth Initiative for SA, Asgisa, and the Joint Initiative for Priority Skills Acquisition, Jipsa.
This bold innovative advancement strengthens the transformation of education, training and skills development addressing the needs of organised labour, business and education consequences. People are encouraged to read these three Bills together with the Skills Development Amendment Bill, which has just been presented. The Skills Development Amendment Bill explains the establishment and functions of the Quality Council on Trades and Occupations referred to in clause 27.
The following were some of the comments received from the public, both in written and oral form, and the committee’s response. Reacting to clause 38, which deals with the repeal of the SA Qualifications Authority Act, Mr Tsietsi Makunyane, a student at Unisa, had this to say, and I quote:
There is nothing wrong about the SA Qualifications Authority Act, Act 58 of 1958. The plea to repeal this Act is a cover-up. The Minister of Education and Unisa are merely trying to eschew justice.
Mr Makunyane, unfortunately, forgot to read clause 11, which states, and I quote:
The SAQA that existed immediately before the commencement of this Act, continues to exist as a juristic person under the name of the SA Qualifications Authority.
In clause 7, SAQA proposed that the Higher Education Qualifications Framework, HEQF, be referred to as Higher Education Qualifications SubFrame, HEQSF, to align it with different pieces of legislation. This proposal was not entertained by the committee. This HEQSF is already defined in clause 1(c) of the Higher Education Amendment Bill.
The Suid-Afrikaanse Onderwysersunie, SAOU, was concerned about clause 8, which referred to joint responsibilities of the two Ministers, expecting the Minister of Education to carry out his or her responsibilities in consultation with the Minister of Labour. The committee accommodated this concern by deleting clause 8 and incorporating it in clause 9, and allowing the Minister to carry out his responsibilities after consultation. This approach will prevent any possibility of a stalemate.
Regarding clause 9, SAOU proposed to give the Minister of Education overall executive responsibility for the NQF, SAQA and the two Qualifications Councils - Higher Education and General Education and Training. We agreed to this proposal. Higher Education SA was concerned about the lack of delegation of functions to universities. This, fortunately, is already catered for in clause 33.
A number of recommendations proposed by SAQA enhancing the understanding of clause 14 have been agreed to. Higher Education SA felt very strongly opposed to the second part of clause 14(h)(i) which reads, and I quote:
… for the development, registration and publication of qualifications and part-qualifications …
They rightly contended that the development of qualifications is a preserve of institutions of higher learning. A closer look at the said subclause in its totality, however, indicates that the role of SAQA is confined to the implementation of policy and criterion; it does not tamper with the development of qualifications.
In clause 15 the Federation of Unions of South Africa, Fedusa, mandated by Cosatu and the National Council of Trade Unions, Nactu, called for a guaranteed representation of labour in the South African Qualifications Authority board.
The committee accommodated this by extending clause 14(3)(a) with the following phrase, “provided when the Minister is appointing the board members”. We have added, “provided that at least two members must be appointed from the nomination made by organised labour”.
In clause 27, Higher Education South Africa, Hesa, was concerned whether the quality council for trade and education would also cover higher education. We want to refer Hesa to clause 14(h)(i) which spells out the workings of the different quality councils, in particular subclause (bb) which states that each subframework must have a distinct nomenclature for its qualification types which is appropriate to the relevant subframework and consistent with the international practice.
The South African Institute of Chartered Accountants proposed the establishment of a fourth quality council to cater for professional bodies. The committee did not entertain this proposal as professional bodies do not fit neatly into any particular quality council.
The joint statement by the two Ministers referred to, in the explanatory memorandum, and paragraphs five and six address this issue. The last sentence of paragraph six reads, “Information sharing, linked board memberships, the requirement for prior consultation among the QCs and SAQA, and similar co-ordinating measures will ensure common purpose and mutually compatible decision-making. Therefore there is no need for concern.
When I referred to the two Bills which I said were just consequential – if you have agreed to the first one, the other ones become automatic. There was only a small technical amendment that was effected on the General and Further Education and Training Quality Assurance Amendment Bill. That amendment was agreed to by all the parties. The Higher Education Amendment Bill was agreed to without any amendments. I want to thank you.
Mrs D VAN DER WALT: Dankie, Voorsitter. [Thank you, Chairperson.] The main feature of the Bill distinguishes it from the South African Qualifications Authority Act, which it will replace.
In accordance with the Department of Education, the South African Qualifications Authority Act did not describe the national qualifications framework since it had not yet been established in 1995. The National Qualifications Framework Bill of 2008 outlines the qualifications framework and thereby, clarifies the concept of a National Qualifications Framework, NQF, and the way it is organised. The change of name from the South African Qualifications Authority Act to the National Qualifications Framework therefore reflects this new focus.
The objectives of the NQF are to create an integrated national framework for learning achievements; to facilitate access to, and mobility and progression within education, training and career paths; to enhance the quality of education and training; to accelerate the redress of past unfair discrimination in education, training and training employment opportunities.
The DA supports these objectives. We would, however, like to raise the concern that there might be a capacity constraint with regard to the implementation as so often happens with some of the laws passed by the ANC.
With reference to further education and training colleges, the concern still remains, Minister, that institutions are sold to learners as fully accredited; yet, when they leave after the completion of their studies, they are confronted with the fact that the institution was, in fact, not fully accredited by SAQA. Can the Minister assure this House that this problem will receive attention and will be addressed under the new NQF, which now replaces the South African Qualifications Authority Act?
I was going to say I would support this because of the Minister of Education and not, because the Minister of Labour was watching me whilst I came to the front, but indeed, the DA supports this Bill within the framework of the Higher Education Act and also the General and Further Education and Training Quality Assurance Act of 2001. Thank you, Chair.
Mr M J BHENGU: Chairperson, I am standing in for my colleague, Mr Mpontshane.
The IFP supports the National Qualifications Framework Bill, together with the two amendment Bills, amending the Higher Education Act and the General and Further Education and Training Quality Assurance Act. The primary Bill aims to deal with the fragmentation in the sector and refers to the formation of a new quality council – the trade and occupational quality council, alongside the existing Umalusi and quality council for higher education. Our greatest concern, however, is that the existing bodies have been in existence for over 10 years, but the quality of these bodies is very poor. The rate of functionally illiterate people remains very high.
In terms of the Bill, the Minister of Education bears sole responsibility, including the appointment of the members of the board. We, therefore, hope that the members appointed to these bodies are professionals who will add to professionalism in the system and are not just party loyalists.
We should recall qualified and experienced personnel who were prematurely lost to the profession. Increasingly important, the IFP believes that without proper teaching, training and adequate resources the mess that the entire education system stands accused of causing, will not vanish. Under the present system there is a scarcity and an uneven or erratic distribution of resources coupled with dysfunctional management.
The country must develop a highly qualified, well-paid, highly motivated cadre of educators to achieve quality education. We must bring back the culture of accountability throughout the system at educator and management level. I thank you.
Ms S N SIGCAU: Hon Chairperson and hon members, the set of Bills before us are driven by the policy changes expressed in the National Qualifications Framework Bill. Due to time constraints, I shall restrict my comments to this primary piece of draft legislation. The National Qualifications Framework was inspired by the basic philosophy that there should be a common system and standards to encompass all education and training, because in the past this has been a source of inequality. That basic philosophy is broadly accepted.
The Bills before us retain the overall NQF concept but streamlined and simplified bureaucracy. The overlaps between Ministers and various substructures will now be reduced, but the consultative nature of the NQF system will be retained. A particularly noteworthy consequence for this shift is that three sectors are now recognised as having their own unique features that need to be accommodated. This means that the establishment of three new quality councils for each of these sectors is required. It is the interaction between these new structures that will ultimately determine the success of this new improved system, otherwise the UDM supports the Bill. Thank you.
Mr I S MFUNDISI: Chairperson and hon members, amendment of the National Qualifications Framework Bill has brought into focus issues in other Acts that have had to be amended for the better. Owing to time constraints I shall concentrate on the General and Further Education and Training Quality Assurance Amendment Bill. The UCDP is in total agreement with the measures put in place and the processes to be followed in the registration of private education institutions.
We accept that the Minister, not the Speaker, will appoint members of the boards. The council has to develop policy and quality assurance of private education institutions as against the formally laborious and convoluted processes.
It has become clear to government that private education institutions that offer quality education should be accessed with minimum hassle in the spirit of the Freedom Charter and the Constitution of the Republic. We look forward to institutions such as R R Wright Seminary and the Wilberforce being registered as the cumbersome root has been done away with. The UCDP supports the National Qualifications Framework, General and Further Education and Training Quality Assurance and Higher Education Amendment Bills. Thank you.
Mr R B BHOOLA: Chairperson, we are pleased that the long-awaited National Qualifications Framework Bill has finally found its way to the House and that the National Qualifications Framework may finally be awarded the legal clarity, definition and the ordinance for its business and management. It is further understood that with the coming of this Bill, the Higher Education Bill and the General and Further Education and Training Quality Assurance Bill need to be amended to bring it in line with the effects of the National Qualifications Bill.
Education has undergone much transformation over the past 13 years and it is important that legislation should further facilitate change so that the department may be enabled to produce the results and in this case, the qualifications that will in the long run affect the entire South Africa, our economy and socio cohesion. The MF supports the National Qualifications Framework Bill, Higher Education Amendment Bill and the General and Further Education and Training Quality Assurance Bill. Thank you.
The MINISTER OF EDUCATION: Chairperson, I would like to begin by thanking all the members of the portfolio committee for the work they have done to ensure that these Bills are processed on time and expeditiously. I particularly wish to thank the chairperson of the portfolio committee, Prof Mayatula for the hard work he and the members of the committee put in.
I would also like to thank the Deputy Minister of Education for the role he has played in the finalising of this legislation and, of course, the Director-General of Education and the acting Director-General of Labour as well as Mr Morutuba from the Department of Labour who has really been a driving force in getting these Bills to this particular stage.
I would also like to thank the Portfolio Committee on Labour for collaborating with the education portfolio committee as the Skills Development Amendment Bill and these three Bills speak to each other.
The passage of the Bill concludes the process that began in 2001. The National Qualifications Framework is an important part of the institutional architecture that supports us in opening the doors of learning and culture to all the people of South Africa. It promotes quality in education through quality assurance processes and the monitoring and evaluation of all programmes by quality councils. And of course the role of the South African Qualifications Authority as the apex organisation in quality assurance is absolutely vital and is protected through this legislation.
Several members, in supporting the legislation, have commented about the role of the Minister of Education in appointing members to the board. I wish to remind members of clause 14(2)(a) which indicates that the Minister will make these appointments after consultation with the Minister of Labour and therefore, there is a collaborative process which would be engaged in, in order to ensure that Labour and Education do agree on the persons to be appointed. I must say that thus far we have worked very well in this regard.
In terms of Mr Bhengu’s comments, I must say that the quality councils that have been in existence, Umalusi as well as the Higher Education Quality Committee, HEQC, have actually done a very good job in promoting quality assurance in South Africa. Within the school system, I’d agree, we need to do more to assure quality, but those councils I think have really played an important quality assurance function.
I would also want to say to the hon Van der Walt that all public Further Education and Training colleges are accredited. It is private FET colleges, as some might not be credited, which are required to register with the Department of Education and only after that might function as accredited institutions. Their programmes would be accredited and quality assured by SAQA and now the new quality councils will also play that function.
All registered FET colleges are listed on the website of the Education department and it is absolutely vital that Members of Parliament alert young people to check the registration status of any institution that offers them a training programme.
In closing, I really wish to thank the hon members for supporting this legislation and hope that we will see the increased integration of all elements of the education and training system programmes that we offer. We will enable learners to progress to higher levels from any starting point; we will enable learners to transfer credits from one part of the system to another; we will enable assessment and recognition of prior learning and the skills acquired through experience; and finally, that in giving substance and concrete implementation to these Acts, we will enable curricula to cut across traditional divisions of skills and knowledge. These were all the aspirations of the Reconstruction and Development Programme which continues to live as the driving force for the ANC. Thank you. [Applause.]
Debate concluded.
Mr M J ELLIS: Chairperson, can I draw your attention to the fact that we are passing legislation but we only have 130 members in the House? I do believe, and we have been through this before and discussed it with the ANC as well, that this is a poor reflection on Parliament that we are passing legislation without the required number in the House. I am not suggesting that we do anything about it but I am asking the ANC, through you Sir, to try and do something about this matter tomorrow and Thursday when we sit.
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon member, your point is taken.
National Qualifications Framework Bill read a second time.
Higher Education Amendment Bill read a second time.
General and Further Education and Training Quality Assurance Amendment Bill read a second time.
OF FILMS AND PUBLICATIONS AMENDMENT BILL
(Consideration of Bill and of Report thereon)
Mr H P CHAUKE: Chairperson, the Bill before the House deals with amendments suggested by the NCOP. However, I would like, firstly, to applaud members of the committee for the effort and energy they put into the committee workshop when we were dealing with amendments around the issues of pornography and child pornography in general.
The bigger challenge is that we still have to look at further amendments to deal with the current scourge of pornography in the country, especially the question of protection of children. The ANC is deeply concerned at the role played by gadgets, especially the cellphone. I think the peer-to-peer communication is one of the biggest problems that we will have to deal with.
The ANC really feels that together with the opposition we have worked very well. Mike Lowe has been very supportive – in fact, all the parties that participated in that workshop have been. I think, therefore, that we need to come back again and really look at the issues. There is a call for a total ban on pornography.
If you look at the previous conference, which took place in June organised by the Department of Home Affairs, it sort of informed the current amendments that we are dealing with. A call was made at a conference that was held in Port Elizabeth for the total ban on pornography in the country. Therefore, there’s a need for us to look at these issues very seriously.
When you look at the problems of child pregnancy and the kind of material that you sometimes see on television, I think the public broadcaster has played a critical role in that you don’t see much of this material on our television. You still have your e.tv which has its after-midnight programmes. Most of the children don’t go to bed early, but wait for those programmes. We’ve got kids, and we sit and watch television with them. You go to sleep on Friday night and the TV is on, and that’s when they get exposed to some of this pornographic material.
There are a number of culprits in this regard, obviously such as your newspapers, particularly the local Cape Town newspapers. It was quite a serious problem, but they have kind of toned down with regard to the nature of material they are producing now. I think there’s still a need for us to engage further.
The issue raised by the NCOP concerning our exemption of the press, is that the press that were not part of the association must comply with the regulations of the Films and Publications Board when producing their material.
The NCOP looked into this process and they consulted senior counsel, etc. What was good about the whole process was the engagement of the National Assembly and the NCOP in a joint workshop where we really looked at these issues and workshopped them.
So we dealt with the issue of pornography many years ago, Minister Mdladlana, when you were still serving on the Home Affairs portfolio committee. You might remember that when these issues were tabled before the committee, some of us, including Mama Gxowa, were very embarrassed. We were bombarded with pornographic material for the whole day in that committee meeting, some of which we could not stomach.
Today you see some of those things, but we have managed to deal with issues of bestiality - which you don’t see. We have completely banned child pornography, but there is a general problem of the liking of pornography, especially by the Western media. There is a dance that is going to be taking place very soon in KwaZulu-Natal. A chief has already made a call that those who are coming to the ceremony in KwaZulu-Natal should try and cover their bodies.
These people go there, take pictures, put them on the Internet and sell them, and that is how the issue of child pornography begins. I think that our traditional leaders need to consider this call by the chief quite seriously. The inkosi in KwaZulu-Natal has cautioned against some kind of behaviour from the media people. This is a general issue that we will have to look at. Gradually, we will have to address this question of pornography and I think that with the kind of support that we have in the House and from everybody who has played a role, we’ll be able to address this problem. On that note, thank you very much. [Applause.]
Declaration of vote:
Mr C M LOWE: Mr Chairperson, the DA strongly opposed the original Films and Publications Amendment Bill for a number of cogent reasons, not least of which was the unconstitutionality of prepublication censorship contained in that piece of legislation.
We welcome the amendments in the Bill now before the House given that they expand the exemptions of publications such as medical journals and scientific and educational documents, and go some way to addressing the unintended consequences of the original Bill.
However, we remain deeply concerned at the substitution of section 16 of Act 65 of 1966 with clause 19, amended once again in this new Bill, which still retains what amounts to prepublication censorship.
The DA believes that such censorship, even under the expanded new amended Bill, is unconstitutional. The DA remains utterly opposed to child pornography in all its manifestations and we continue to support any piece of legislation that does this. But this Bill, sadly, is not about fighting the scourge of child pornography. In any event, even if it was, the amending piece of legislation misses the point that it would be of little use eradicating its publication and distribution.
Makers or creators of child pornography are hardly likely to regulate themselves and submit their publications for consideration as intended in terms of this amending Bill. Instead this Bill, masquerading under the guise of dealing with child pornography, is rather about control over the distribution of other publications. It continues to allow what amounts to prepublication censorship. Mr Chairman, this is unconstitutional and thus we will oppose the Bill. Thank you.
Mr M W SKHOSANA: Chairperson, it is also on the side of the ANC. I stand in support of what the Chairperson of the Portfolio Committee on Home Affairs has said here. The ANC is very concerned about the spread of pornography in the country, and the ANC will look into the resolution taken by the conference in Gauteng in 2008 and further amend this piece of legislation where necessary. Thank you. [Applause.]
There was no debate.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move that the Bill, as amended, be passed.
The HOUSE CHAIRPERSON (Mr M B Skosana): The motion is that the Bill, as amended, be passed. Are there any objections?
Mr M J ELLIS: Chairperson, I simply ask that the objection of the DA be noted, please.
Motion agreed to (Democratic Alliance dissenting.) Bill accordingly passed.
SOCIAL HOUSING BILL
(Consideration of Bill and of Report thereon)
There was no debate.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: I move that the Bill be passed.
Motion agreed to.
Bill accordingly passed.
HOUSING DEVELOPMENT AGENCY BILL
(Consideration Bill and of Report thereon)
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: There might have just been a bit of miscommunication. I think the agreement was that the chairperson of the portfolio committee would be saying something briefly before we moved.
Mrs Z A KOTA: Thank you very much, Chairperson. I will speak on the Housing Development Agency. I won’t refer to the Social Housing Bill because it has been passed already – it’s fine. Chairperson, Ministers, hon members, guests, allow me to pass condolences to the family of Irene Grootboom who passed away at the end of last month. As we all know Irene Grootboom spearheaded the constitutional case in 2000 for proper housing for the poor. We did attend the memorial service organised by the Wallacedene community in honour of her selfless patriotism. May her soul rest in peace!
This Bill before Parliament seeks to make the dreams of people like Irene Grootboom a reality. In September 2004, the Cabinet approved a comprehensive housing plan for the development of sustainable human settlement. In line with the objectives of the comprehensive housing plan, the Housing Development Agency will assist provinces and municipalities with rapid release of land and letting property for housing, which will fast track housing delivery. The rapid release of well-located land and letting property for integrated housing is one of the cornerstones of success of the comprehensive plan.
It’s important to note that the creation of the integration of human communities with convenient access to social and economic opportunities needs a well-located land. The need for a land acquisition programme for housing arises from the realisation that land is, indeed, a scarce resource, a finite resource and the current population growth of 2,1% will make it difficult for the country to meet the housing demands. The agency, therefore, will facilitate the acquisition of land and letting property in a way that complements the capacity of government across all spheres.
In other words, the Housing Development Agency will identify, hold, develop and release state, private and communal land for residential and community purposes and for the creation of sustainable human settlement. The critical component of this is that the ANC-led government’s war on poverty is housing delivery and, therefore, land becomes critical in this equation hence we welcome the Housing Development Agency Bill in order to effectively deal with the challenges of human settlement, and also in a spirit of building a caring society. The ANC resolved at its 52nd Conference in Polokwane that land acquisition for human settlement be accelerated. This Housing Development Agency will fast-track housing delivery. I thank you.
There was no debate.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move that the Bill be rejected.
The HOUSE CHAIRPERSON (Mr M B Skosana): A motion is that the Bill be rejected. Are there any objections? No objections. Agreed to. The Bill will be sent to the Mediation Committee.
Motion agreed to. Bill accordingly rejected.
The HOUSE CHAIRPERSON (Mr M B Skosana): Sorry, there is a part that has been left out here. On this mediation committee, we recognise the Chief Whip of the Majority Party who will move a motion on the Mediation Committee.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move without notice:
That the House -
1) notes that the National Assembly has rejected the Housing
Development Agency Bill [B 1D – 2008] (sec 76(1));
2) elects the following members, as nominated by their respective
parties, as the Assembly representatives to the Mediation Committee
on the Housing Development Agency Bill [B 1D – 2008] (sec 76(1)):
Dambuza, B N (ANC);
Dhlamini, B W (IFP);
Kota, Z A (ANC);
Mabena, D C (ANC);
Ndlazi, Z A (ANC);
Ngele, N J (ANC);
Schneemann, G D (ANC);
Sigcau, S N (UDM); and
Steyn, A C (DA);
3) elects the following member as alternate member: Masango, S J (DA).
Agreed to.
DRAFT MONEY BILL AMENDMENT PROCEDURE AND RELATED MATTERS BILL
(Consideration of Report)
There was no debate.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move that the report be adopted.
Motion agreed to.
Report accordingly adopted.
The House adjourned at 17:46. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
TUESDAY, 1 JULY 2008 ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Introduction of Bills
(1) The Minister for Justice and Constitutional Development
a) Constitution Fourteenth Amendment Bill [B 62 – 2008] (National
Assembly – proposed sec 74) [Bill published in Government
Gazette No 31013 of 8 May 2008.]
Introduction and referral to the Portfolio Committee on
Justice and Constitutional Development 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 Bills may be submitted to the JTM within three
parliamentary working days.
b) Constitution Fifteenth Amendment Bill [B 63 – 2008] (National
Assembly – proposed sec 74) [Bill published in Government
Gazette No 31013 of 8 May 2008.]
Introduction and referral to the Portfolio Committee on
Justice and Constitutional Development 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 Bills may be submitted to the JTM within three
parliamentary working days.
c) General Laws (Loss of Membership of National Assembly,
Provincial Legislature or Municipal Council) Amendment Bill [B
64 – 2008] (National Assembly – proposed sec 75) [Explanatory
summary of Bill and prior notice of introduction thereof
published in Government Gazette No 31151 of 1 July 2008.]
Introduction and referral to the Portfolio Committee on
Justice and Constitutional Development 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 Bills may be submitted to the JTM within three
parliamentary working days.
(2) The Minister of Health
(a) National Health Amendment Bill [B 65 – 2008] (National
Assembly – proposed sec 76) [Explanatory summary of Bill and
prior notice of its introduction published in Government
Gazette No 31114 of 2 June 2008.]
Introduction and referral to the Portfolio Committee on Health
of the National Assembly, as well as referral to the Joint
Tagging Mechanism (JTM) for classification in terms of Joint
Rule 160.
In terms of Joint Rule 154 written views on the classification
of the Bills may be submitted to the JTM within three
parliamentary working days.
- Classification of Bills by Joint Tagging Mechanism (JTM)
(1) The JTM in terms of Joint Rule 160(6) classified the following
Bills as section 75 Bills:
a) National Energy Bill [B 52 – 2008] (National Assembly – sec
75).
b) Mine Health and Safety Amendment Bill [B 54 – 2008] (National
Assembly – sec 75).
c) Diplomatic Immunities and Privileges Amendment Bill [B 55 –
2008] (National Assembly – sec 75).
d) Mineral and Petroleum Resources Royalty (Administration) Bill
[B 60 – 2008] (National Assembly – sec 75).
(2) The JTM in terms of Joint Rule 160(6) classified the following
Bill as a section 76 Bill:
a) National Land Transport Bill [B 51 – 2008] (National Assembly
– sec 76).
(3) The JTM in terms of Joint Rule 160(6) classified the following
Bill as a money Bill:
a) Mineral and Petroleum Resources Royalty Bill [B 59 – 2008]
(National Assembly – sec 77).
National Assembly
-
Membership of Committees
- The following changes have been made to the membership of Portfolio Committees:
Public Works:
Appointed: Nel, Mr. AH (Alternate Member) Botha, Mr AJ (Alternate Member)
Discharged: Blanché, Mr. JPI
WEDNESDAY, 2 JULY 2008
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Referral of Bill to National House of Traditional Leaders
The Secretary to Parliament has, in accordance with section 18(1) of
the Traditional Leadership and Governance Framework Act, 2003 (Act No.
41 of 2003), referred the National House of Traditional Leaders Bill [B
56 – 2008] (National Assembly – sec 76) and the Traditional Leadership
and Governance Framework Amendment Bill [B 57 – 2008] (National
Assembly – sec 76) to the National House of Traditional Leaders, which
must, within 30 days from the date of the referral, make any comments
it wishes to make.
-
Assent by President in respect of Bills
1) Repeal of the Black Administration Act and Amendment of Certain Laws Amendment Bill [B 50 – 2008] – Act No 7 of 2008 (assented to and signed by President on 26 June 2008).
WEDNESDAY, 9 JULY 2008
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Draft Bills sumitted in terms of Joint Rule 159
1) National Environment Laws Amendment Bill, 2008, submitted by the
Minister of Environmental Affairs and Tourism.
Referred to the Portfolio Committee on Environmental Affairs and
Tourism and the Select Committee on Land and Environmental Affairs.
COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Finance on the Protocol amending the Agreement between the Government of the Republic of South Africa and the Government of Australia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, dated 17 June 2008.
The Portfolio Committee on Finance, having considered the request for approval by Parliament of the Protocol amending the Agreement between the Government of the Republic of South Africa and the Government of Australia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, recommends that the House, in terms of section 231 (2) of the Constitution, approve the said Protocol.
Request to be considered.
-
Report of the Portfolio Committee on Finance on the Agreement between the Government of the Republic of South Africa and the Government of the Republic of Sudan for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, dated 17 June 2008.
The Portfolio Committee on Finance, having considered the request for approval by Parliament of the Agreement between the Government of the Republic of South Africa and the Government of Republic of Sudan for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, recommends that the House, in terms of section 231 (2) of the Constitution, approve the said Agreement
Request to be considered.
FRIDAY, 11 JULY 2008
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Introduction of Bills
(1) The Minister of Environmental Affairs and Tourism
(a) National Environment Laws Amendment Bill [B 66 – 2008]
(National Assembly – proposed sec 76) [Explanatory summary of
Bill and prior notice of its introduction published in
Government Gazette No 31239 of 11 July 2008.]
(b) National Environmental Management: Protected Areas
Amendment Bill [B 67 – 2008] (National Assembly – proposed sec
75) [Explanatory summary of Bill and prior notice of its
introduction published in Government Gazette No 31239 of 11
July 2008.]
Introduction and referral to the Portfolio Committee on
Environmental Affairs and Tourism 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 Minister of Finance
a) Government Notice No 612 published in Government Gazette No 31116 dated 5 June 2008: Amendment of the framework for the 2010 FIFA World Cup Stadiums Development Grant published in Government Gazette No 30978, in terms of the Division of Revenue Act, 2008 (Act No 2 of 2008).
b) Government Notice No R.680 published in Government Gazette No 31176 dated 25 June 2008: Amendment of schedule No 2 (No.2/302), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
c) Government Notice No R.681 published in Government Gazette No 31176 dated 25 June 2008: Amendment of schedule No 2 (No.2/303), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
d) Government Notice No R.682 published in Government Gazette No 31176 dated 25 June 2008: Amendment of schedule No 2 (No.2/304), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
-
The Minister for Justice and Constitutional Development
a) Register of Debt Collectors in terms of section 12(1) of the Debt Collectors Act, 1998 (Act No 114 of 1998).
National Assembly
-
The Speaker a) Report of the Public Service Commission (PSC) on Forging a Formidable Legacy to Anchor Our Democracy for 1999-2007.
b) Report of the Public Service Commission (PSC) on the Evaluation of the National School Nutrition Programme (NSNP) – March 2008 [RP 59- 2008].
c) Report of the Public Service Commission (PSC) on the Citizen Satisfactory Survey: Provincial Agricultural Services – March 2008 [RP 38-2008].
COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Communications in terms of Rule 239 (3) of the National Assembly, dated 8 July 2008:
The Portfolio Committee on Communications, having been given permission by the National Assembly to proceed with the draft legislation to amend the Broadcasting Act, No 4 of 1999, and having complied with Rule 239 (1) of the National Assembly, reports in terms of Rule 239 (3) that it has published the Bill.
-
Report of the Committee on Private Members’ Legislative Proposals and Special Petitions, dated 26 June 2008.
The Committee on Private Members’ Legislative Proposals and Special Petitions, having considered the legislative proposals by Mr P A Gerber referred to it, and having consulted the Church of England, St Andrews College (Grahamstown) and Bishops Diocesan College (Rondebosch), recommends that permission be given to the member to proceed with the proposed legislation to repeal the following Acts:
• Saint Andrew’s College Grahamstown (Private) Act, No 15 of 1932
• Saint Andrew’s College, Grahamstown, (Private) Amendment Act, No 82 of
1985
• Diocesan College Rondebosch (Private) Act, No 7 of 1942
• Natal Ecclesiastical Properties and Trusts Amendment (Private) Act, No
60 of 1975.
Report to be considered.
-
Report of the Committee on Private Members’ Legislative Proposals and Special Petitions on the legislative proposal to amend the Employment Equity Act (No 55 of 1998), dated 25 June 2008.
The Committee on Private Members’ Legislative Proposals and Special Petitions, having considered the legislative proposal by Ms A M Dreyer to amend the Employment Equity Act (No 55 of 1998), and having consulted the Department of Labour and the Department of Justice and Constitutional Development, recommends that permission not be granted to the member to proceed with the proposed legislation. Report to be considered.
TUESDAY, 29 JULY 2008
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Assent by President in respect of Bills
(1) Taxation Laws Amendment Bill [B 13 - 2008] – Act No 3 of 2008
(assented to and signed by President on 17 July 2008).
2) Taxation Laws Second Amendment Bill [B 14 – 2008] – Act No 4 of
2008 (assented to and signed by President on 28 June 2008).
3) National Regulator for Compulsory Specifications Bill [B 47B –
2007] – Act No 5 of 2008 (assented to and signed by President on 1
July 2008).
4) Social Assistance Amendment Bill [B 17 – 2008 (Reprint)] – Act No 6
of 2008 (assented to and signed by President on 9 July 2008).
5) Standards Bill [B 46B– 2007 (Reprint)] – Act No 8 of 2008 (assented
to and signed by President on 15 July 2008).
6) Appropriation Bill [B 3 – 2008] – Act No 9 of 2008 (assented to and
signed by President on 17 July 2008).
7) National Gambling Amendment Bill [B 31D – 2007] – Act No 10 of 2008
(assented to and signed by President on 10 July 2008).
- Classification of Bills by Joint Tagging Mechanism (JTM)
(1) The JTM in terms of Joint Rule 160(2) classified the following
Bills as section 74 Bills:
a) Constitution Fourteenth Amendment Bill [B 62 – 2008]
(National Assembly – sec 74).
(b) Constitution Fifteenth Amendment Bill [B 63 – 2008]
(National Assembly – sec 74).
(2) The JTM in terms of Joint Rule 160(3) classified the following
Bills as section 75 Bills:
(a) Companies Bill [B 61 – 2008] (National Assembly – sec 75).
b) General Laws (Loss of Membership of National Assembly,
Provincial Legislature or Municipal Council) Amendment Bill [B
64 – 2008] (National Assembly – sec 75).
TABLINGS
National Assembly and National Council of Provinces
-
The Speaker and the Chairperson
(a) Code of Good Administrative Conduct in terms of the Promotion of Administrative Justice Act, 2000 (Act No 3 of 2000).
-
The Minister of Finance
(a) Government Notice No 696 published in Government Gazette No 31180 dated 4 July 2008: Determination of public benefit activities, in terms of the Income Tax Act, 1962 (Act No 58 of 1962).
b) Government Notice No 830 published in Government Gazette No 31190 dated 4 July 2008: Rate on the interest on government loans, in terms of the Public Finance Management Act, 1999 (Act No 1 of 1999).
c) Proclamation No 28 published in Government Gazette No 31246 dated 14 July 2008: Transfer of the administration of the Land and Agricultural Development Bank Act, 2002 (Act No 15 of 2002) (the Act) and powers and functions entrusted by the Minister responsible for Agriculture to the Minister of Finance, in terms of section 97 of the Constitution of South Africa, 1996.
d) Government Notice No R.630 published in Government Gazette No 31123 dated 4 June 2008: Amendment of schedule No 2 (No 2/300), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
e) Government Notice No R.631 published in Government Gazette No 31123 dated 4 June 2008: Amendment of schedule No 2 (No 2/301), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).
f) Government Notice No R.698 published in Government Gazette No 31181 dated 26 June 2008: Cancellation of an appointment of an authorized dealer in foreign exchange: Rennies Bank Limited in terms of the Exchange and Control Regulations.
g) Government Notice No R.699 published in Government Gazette No 31181 dated 26 June 2008: Appointment of an authorised dealer in foreign exchange: Bidvest Bank Limited in terms of the Exchange and Control Regulations.
h) Government Notice No 702 published in Government Gazette No 31184 dated 27 June 2008: Exemption from provisions of the Act to facilitate ESKOM’s electricity price increase, in terms of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
i) Government Notice No 797 published in Government Gazette No 31195 dated 27 June 2008: Effective date of ESKOM’s electricity price increase for municipalities and municipal entities, in terms of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
-
The Minister of Trade and Industry
a) Government Notice No 304 published in Government Gazette No 30874 dated 20 March 2008: Standards matters, in terms of the Standards Act, 1993 (Act No 29 of 1993).
b) Government Notice No 304 published in Government Gazette No 30886 dated 20 March 2008: AgriBEE Sector Charter on Black Economic Empowerment, in terms of the Broad-Based Black Economic Empowerment Act, 2003 (Act No 53 of 2003).
c) Government Notice No 361 published in Government Gazette No 30917 dated 4 April 2008: Amendment to the compulsory specification for vehicles of Category N1, in terms of the Standards Act, 1993 (Act No 29 of 1993).
d) Government Notice No 362 published in Government Gazette No 30917 dated 4 April 2008: Amendment to the compulsory specification for vehicles of Category M1, in terms of the Standards Act, 1993 (Act No 29 of 1993).
e) Government Notice No 365 published in Government Gazette No 30917 dated 4 April 2008: Incorporation of an external company as a company in the Republic of South Africa, in terms of the Companies Act, 1973 (Act No 61 of 1973). f) Government Notice No 366 published in Government Gazette No 30917 dated 4 April 2008: Regulations relating to the payment of levy and the issues of sales permits in regard to compulsory specifications: Amendment, in terms of the Standards Act, 1993 (Act No 29 of 1993).
g) Government Notice No 515 published in Government Gazette No 31021 dated 9 May 2008: Notice in terms of section 18(3): Withdrawal of certificate in terms of section 18(2) of the Trade Metrology Act, 1973 (Act No 77 of 1973).
h) Government Notice No R604 published in Government Gazette No 30713 dated 29 May 2008: Amendments to the National Credit Regulations, 2006 in terms of the National Credit Act, 2005 (Act No 34 of 2005).
i) Government Notice No R574 published in Government Gazette No 31084 dated 30 May 2008: National Building Regulations, in terms of the National Building Regulations and Building Standards Act, 1977 (Act No 103 of 1977).
j) Government Notice No R575 published in Government Gazette No 31084 dated 30 May 2008: Proposed introduction of a compulsory specification for preservative treatment of timber, in terms of the Standards Act, 1993 (Act No 29 of 1993).
k) Government Notice No R576 published in Government Gazette No 31084 dated 30 May 2008: Proposed introduction of a compulsory specification for lamp controlgear, in terms of the Standards Act, 1993 (Act No 29 of 1993).
l) Government Notice No R577 published in Government Gazette No 31084 dated 30 May 2008: Proposed amendment of the compulsory specification for electronic apparatus, in terms of the Standards Act, 1993 (Act No 29 of 1993).
m) Government Notice No R578 published in Government Gazette No 31084 dated 30 May 2008: Regulations: Payment of levy and the issue of sales permits in regard to compulsory specifications: Amendment, in terms of the Standards Act, 1993 (Act No 29 of 1993).
n) Government Notice No R579 published in Government Gazette No 31084 dated 30 May 2008: Proposed amendment of the compulsory specification for personal floatation aids, in terms of the Standards Act, 1993 (Act No 29 of 1993).
o) Government Notice No 603 published in Government Gazette No 31098 dated 30 May 2008: Incorporation of an external company as a company in the Republic of South Africa, in terms of the Companies Act, 1973 (Act No 61 of 1973).
p) Government Notice No R633 published in Government Gazette No 31125 dated 4 June 2008: Substitution of the regulations relating to the standard of training of estate agents, in terms of the Estate Agency Affairs Act, 1976 (Act No 112 of 1976).
COMMITTEE REPORTS
National Assembly
- Report of the Portfolio Committee on Finance in terms of Rule 239 (3) of the National Assembly, dated 10 July 2008:
The Portfolio Committee on Finance, having been instructed by the
National Assembly to consider a procedure to amend money bills before
Parliament with a view to introducing a bill dealing with the matter,
and having complied with Rule 239 (1) of the National Assembly, reports
in terms of Rule 239 (3) that it has published the draft Money Bill
Amendment Procedure and Related Matters Bill (Gazette No. 31238, 10
July 2008).
THURSDAY, 31 JULY 2008
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Introduction of Bills
(1) Mr P A Gerber
a) Methodist Church of Southern Africa (Private) Act Repeal Bill
[B 68 – 2008] (National Assembly – proposed sec 75) [Bill and
prior notice of its introduction published in Government
Gazette No 31159 of 13 June 2008.]
b) Dutch Reformed Churches Union Act Repeal Bill [B 69 – 2008]
(National Assembly – proposed sec 75) [Bill and prior notice
of its introduction published in Government Gazette No 31160
of 13 June 2008.]
c) Bible Society of South Africa Act Repeal Bill [B 70 – 2008]
(National Assembly – proposed sec 75) [Bill and prior notice
of its introduction published in Government Gazette No 31161
of 13 June 2008.]
d) The Apostolic Faith Mission of South Africa (Private) Act
Repeal Bill [B 71 – 2008] (National Assembly – proposed sec
75) [Bill and prior notice of its introduction published in
Government Gazette No 31158 of 13 June 2008.]
Introduction and referral to the Portfolio Committee on Arts and
Culture 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.
National Assembly
The Speaker
-
Message from National Council of Provinces to National Assembly in respect of Bills passed by Council and returned to Assembly 1) Bills amended and passed by National Council of Provinces on 27 June 2008 and transmitted to National Assembly for concurrence:
a) Social Housing Bill [B 29D – 2007] (National Assembly – sec 76(1)). b) Housing Development Agency Bill [B 1D – 2008] (National Assembly – sec 76(1)). The Bills have been referred to the Portfolio Committee on Housing of the National Assembly.
TABLINGS
National Assembly and National Council of Provinces
1. The Minister for Public Enterprises
(a) Report and Financial Statements of Transnet Ltd and the Group
for 2007-2008, including the Report of the Independent Auditors on
the Financial Statements for 2007-2008.
- The Minister of Safety and Security
a) National Instruction on Sexual Offences in terms of section 66 of
the Criminal Law (Sexual Offences and Related Matters) Amendment
Act, 2007 (Act No 32 of 2007).
b) Report of the National Commissioner of the South African Police
Service (SAPS) for the period of July 2007 to December 2007, in
terms of section 18(5)(d) of the Domestic Violence Act, 1998 (Act
No 116 of 1998).
- The Minister of Water Affairs and Forestry
a) Report and Financial Statements of Mhlathuze Water for the year
ended 2007, including the Report of the Independent Auditors on the
Financial Statements for the year ended June 2007.
National Assembly
1. The Speaker
(a) Request from the Minister in The Presidency to recommend two
candidates for appointment by the President to the Media
Development and Diversity Agency Board in terms of section 4(1)(b)
of the Media Development and Diversity Agency Act, 2005 (Act No 14
of 2002).
Referred to the Portfolio Committee on Communications for
consideration and report.
(b) The President of the Republic submitted the following letter
dated 13 July 2008 to the Speaker of the National Assembly
informing Members of the Assembly of the extension of the
employment of the South African National Defence Force for a
service in co-operation with the South African Police Service:
EXTENSION OF EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE
FORCE, FOR A SERVICE IN CO-OPERATION WITH THE SOUTH AFRICAN POLICE
SERVICE
This serves to inform the National Assembly that I have extended
the employment of the South African National Defence Force (SANDF)
personnel, for a service in co-operation with the South African
Police Service (SAPS) to prevent and curb the ongoing incidents of
violence against foreigners and other threatened individuals in the
Republic of South Africa.
The employment of the SANDF members was extended to assist the SAPS
to prevent and combat crimes, violence, and to maintain law and
order within the province of Gauteng, and other provinces as may be
deemed necessary.
This employment was authorised in accordance with the provisions of
section 201(2)(a) of the Constitution of the Republic of South
Africa, 1996, read with section 93 of the Defence Act, 2002 (Act No
42 of 2002).
The deployment of 922 SANDF members was extended as from 08 June
2008 to 08 July 2008.
I will communicate this report to members of the National Council
of Provinces and the Chairperson of the Joint Standing Committee on
Defence, and wish to request that you bring the contents hereof to
the attention of the National Assembly.
signed
TM Mbeki
(c) The President of the Republic submitted the following letter
dated 14 July 2008 to the Speaker of the National Assembly
informing Members of the Assembly of the extension of the
employment of the South African National Defence Force in Burundi,
for service in fulfilment of the International Obligations of the
Republic of South Africa towards the African Union:
EXTENSION OF EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE
IN BURUNDI, FOR SERVICE IN FULFILMENT OF THE INTERNATIONAL
OBLIGATIONS OF THE REPUBLIC OF SOUTH AFRICA TOWARDS THE AFRICAN
UNION
This serves to inform the National Assembly that I have extended
the employment of the South African National Defence Force (SANDF)
personnel to Burundi, in fulfilment of the international
obligations of the Republic of South Africa towards the African
Union as part of the African Union Special Task Force in Burundi.
The South African National Defence personnel are assisting in
providing security to leaders and combatants of the Palipehutu-FNL.
This employment was 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).
The deployment of 1137 SANDF members was extended from 01 April to
31 March 2009.
I will communicate this report to members of the National Council
of Provinces and the Chairperson of the Joint Standing Committee on
Defence, and wish to request that you bring the contents hereof to
the attention of the National Assembly.
Yours Sincerely,
signed
TM Mbeki
COMMITTEE REPORTS
National Assembly and National Council of Provinces
-
Report of the Joint Standing Committee on Defence on employment of the South African National Defence Force (SANDF) to the Democratic Republic of Congo (DRC) and within the Republic of South Africa, and extention of the deployment of the SANDF in other countries, dated 18 June 2008.
The Joint Standing Committee on Defence, having considered the letters from the President on the employment of the SANDF to the Democratic Republic of Congo and within the Republic of South Africa, and extension of the deployment of the SANDF in: Burundi, the Democratic Republic of Congo, Darfur (Sudan), Central African Republic, Uganda, Ethiopia and Nepal, referred to the Committee, reports that it has concluded its deliberations thereon.
National Assembly
- Report of the Portfolio Committee on Defence on the Castle Management Act Repeal Bill [B9-2009], dated 17 June 2008
1. The Department of Defence (DOD) presented the Castle Management Act
Repeal Bill to the Portfolio Committee on Defence on 4 March 2008.
According to the DOD, the repeal of the Castle Management Act, No
207 of 1993 was necessary, as the Act entrusted the Minister of
Defence with functions that legitimately belonged with the Minister
of Arts and Culture. The repeal would dissolve the Castle Control
Board, and facilitate the transfer of the administration and
management of the Castle from the Minister of Defence to the
Minister of Arts and Culture.
2. The Portfolio Committee, after considering inputs from the DOD and
the Department of Arts and Culture (DAC), deliberated and conducted
public hearings on the Bill.
3. The Committee raised the following concerns:
• The implications of the repeal of the Act are not clear,
especially regarding other military museums and related heritage
sites in the DOD. It was recommended that the DOD should have a
holistic approach when considering the management, utilisation,
preservation and funding of all military establishments, museums
and heritage sites, inside as well as outside the DOD.
• The implications of the envisaged transfer of management and
administrative functions from the DOD to the DAC are unclear.
• The reasons provided by the DOD for the repeal of the Castle
Management Act are not sufficient or satisfactory.
• The capacity of the DAC to administer and manage the Castle is
in question.
• Insufficient research was conducted by the DOD; alternatives to
repealing the Act were not investigated and considered.
• The DAC is under the impression that the Castle and other
properties attached to it, as well as the administration and
management will be transferred, while the DOD differs with this
viewpoint.
• The future of the Reserve Force regiments resident in the Castle
is unclear.
• It is not clear whether alternative management strategies were
explored prior to the drafting of the Bill.
• The Task Team, as referred to in the Bill and established to
oversee the transfer only met once in November 2007.
• There was limited consultation on the Bill.
4. Accordingly, following a resolution taken on Tuesday, 28 May 2008,
the Portfolio Committee on Defence recommended that the Department
of Defence reconsider the Bill, and the Bill was accordingly
withdrawn on 4 June 2008.
-
Report of the Portfolio Committee on Foreign Affairs on the Diplomatic Immunities and Privileges Amendment Bill [B55-2008] (National Assembly – sec 75), dated 30 July 2008
The Portfolio Committee on Foreign Affairs, having considered the subject of the Diplomatic Immunities and Privileges Amendment Bill [B55-2008] (National Assembly – sec 75), referred to it, and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with an amendment [B55A-2008].
-
Progress Report of the Portfolio Committee on Defence on the Defence Amendment Bill [B6-2008]
1. The Department of Defence presented the Bill to the Portfolio
Committee on Defence on 4 March 2008. The Bill seeks to amend the
Defence Act, 2002 to provide for the establishment of the Defence
Inspectorate, in order to legislate the functions of the Inspector-
General (IG); to empower the Minister of Defence to determine the
pay, salaries and other benefits of Members of the Senior
Management Service of the Defence Force; and to provide for the
establishment of a Personnel Pay Review Board.
2. The Committee, after considering input from the Department of
Defence, deliberated and conducted public hearings on 28 May 2008
3. During its deliberations, the Committee identified the following
matters of concern that merit a redraft of the Bill:
• The reasons for the assigned functions to the IG need to be
clarified, especially as it relates to internal auditing
functions and forensic investigations that might possibly fall
within the area of responsibility of other sections of the
Department of Defence, such as the office of the Chief Financial
Officer.
• The dual reporting lines of the IG are a cause of concern. While
the Minister appoints the IG, he/she is accountable to both the
Chief of the South African National Defence Force and the
Secretary for Defence.
• It is not clear whether the Bill is aligned with existing public
service regulations and the Public Finance Management Act or
whether National Treasury was consulted.
• The capacity of the Department of Defence to implement the
legislation is a cause of concern.
• While the Department has submitted proposed service obligations
to serve on Reserve Force Members, these amendments are yet to
be incorporated into the Bill.
4. Accordingly, following a Portfolio Committee resolution taken on
Wednesday, 11 June 2008, the Department of Defence agreed to
redraft the Bill to address the concerns raised.
TUESDAY, 5 AUGUST 2008
ANNOUNCEMENTS
National Assembly
The Speaker
- Membership of Committees
The following changes have been made to the membership of Committees:
Portfolio Committee on Arts and Culture
Appointed: Mdaka, Ms N
Matlala, Mr MH (Alt)
Phungula, Mr JP
Zulu, Mr JP
Discharged: Maake, Mr JJ
Magubane, Mr NE
Nogumla, Mr RZ
Sonto, Mr MR
Tshwete, Ms P
Portfolio Committee on Communications
Appointed: Maake, Mr JJ
Matsomela, Ms MJJ (Alt)
Ndlazi, Ms AZ
Schneeman, Mr G (Alt)
Sehlare, Mr J (Alt)
Discharged: Morutoa, Ms MR
Portfolio Committee on Correctional Services
Appointed: Cele, Mr MA
Chikunga, Ms S
Fihla, Mr NB (Alt)
Madella, Mr AF (Alt)
Mahote, Mr S (Alt)
Sekgobela, Ms PS
Portfolio Committee on Defence
Appointed: Fazzie, Mr MH
Fihla, Mr NB
Gumede, Ms MM
Ludwabe, Ms CI
Monareng, Mr OE (Alt)
Discharged: Koornhof, Mr GW
Schippers, Mr J
Van Wyk, Ms A
Portfolio Committee on Education
Appointed: Mentor, Ms MP
Ndlazi, Ms AZ (Alt)
Discharged: Maloney, Ms L
Mthembu, Mr B
Portfolio Committee on Finance
Appointed: Madlala–Routledge, Ms N (Alt)
Sibhidla, Ms N
Discharged: Bhamjee, Mr YS
Foreign Affairs: Sub-Committee: African Union
Appointed: Beukman, Mr F
Sibande, Mr MP (Alt)
Portfolio Committee on Health
Appointed: Dithebe, Mr S
Mathibela, Ms NF
Mlangeni, Mr A
Mnyandu, Mr BJ
Sefularo, Dr M (Alt)
Discharged: Manana, Ms MNS
Matsemela, Ms ML
Tlake, Ms MF
Portfolio Committee on Home Affairs
Appointed: Matsemela, Ms ML
Motlanthe, Mr KP
Discharged: Beukman, Mr F
Ntombela ,Ms SH
Sikakane, Mr MR
Portfolio Committee on Housing
Appointed: Ndlazi ,Ms AZ (Alt)
Fazzie, Mr MH (Alt)
Khaoue, Mr MK (Alt)
Joint Budget Committee
Appointed: Gumede, Ms DM
Mfeketo, Ms N
Mkongi, Mr BM
Discharged: Chikunga, Ms LS
Dambuza, Ms N
Dithebe, Mr SL
JMC on Improvement of Quality of Life and Status of Children, Youth and
Disabled Persons
Appointed: Sikakane, Mr MR
Discharged: Mohlaloga, Mr MR
JMC on Improvement of Quality of Life and Status of Women
Appointed: Direko, Ms IW (Alt)
Khumalo, Mr KK
Madlala-Routledge, Ms N
Maserumule, Mr T
Mthembu, Mr B
Ngcobo, Ms BT (Alt)
Ngele, Ms NJ (Alt)
Nxumalo, Ms MD (Alt)
Pieterse, Mr R
Seadimo, Ms MD
Discharged: Makasi, Ms XC
Morobi, Ms DM
Portfolio Committee on Justice and Constitutional Development
Appointed: Landers, Mr LT
Malahlela, Mr MJ (Alt)
Meruti, Ms MV (Alt)
Ndzanga, Ms RA
Portfolio Committee on Minerals & Energy
Appointed: Combrinck, Mr JJ
Louw, Mr SK (Alt)
Matlala, Mr MH (Alt)
Mahlaba, Mr TL
Monareng, Mr OE
Discharged: Vundisa, Mr SS
Portfolio Committee on Provincial and Local Government
Appointed: Mashile, Mr BL (Alt)
Nonkonyana, Mr M (Alt)
Nwamitwa-Shilubana, Ms TLP
Sehlare, Mr LJ
Sonto, Mr MR
Discharged: Lekgoro, Mr MMS
Mashiane, Ms LM
Portfolio Committee on Public Enterprises
Appointed: Meruti, Ms MV
Portfolio Committee on Public Service and Administration
Appointed: Gore, Mr V
Maloney, Ms L (Alt)
Morkel, Mr C
Mthembu, Mr B (Alt)
Nonkonyana, Mr M
Sekgobela, Ms P
Tshwete, Ms P
Discharged: Khumalo, Mr KK
Sikakane, Mr MR
Portfolio Committee on Public Works
Appointed: Blanche, Mr S
Sibhidla, Ms N (Alt)
Discharged: Nel, Mr AH
Portfolio Committee on Safety and Security
Appointed: Khaoue, Mr MK (Alt)
Mabena, Mr C (Alt)
Manana, Ms MNS
Nhlengethwa, Ms D
Ntuli, Mr SB (Alt)
Portfolio Committee on Science and Technology
Appointed: Madlala-Routledge, Ms NC
Maloney, Ms L
Morkel, Mr C (Alt)
Nxumalo, Mr SN (Alt)
Selau, Mr GJ
Discharged: Dithebe, Mr SL
Maloyi, Mr PDN
Matsemela, Ms ML
Mtshali, Mr E
Ngcobo, Mr ENN
Twala, Ms M
Portfolio Committee on Social Development
Appointed: Dlungwana, Ms Z
Koornhof, Mr GW
Morobi, Ms DM
Schippers, Mr J
Sehlare, Mr LJ (Alt)
Discharged: Gumede, Ms MM
Ludwabe, Ms CI
Makasi, Ms XC
Portfolio Committee on Sport and Recreation
Appointed: Khaoue, Mr MK (Alt)
Standing Committee on Auditor-General
Appointed: Chikunga, Ms S
Matlala, Mr MH
Smith, Mr V
Discharged: Mahlaba, Mr TL
Ngcobo, Rev NW
Zulu, Prince BZ
Standing Committee on Public Accounts
Appointed: Hlangwana, Ms N
Lekgetho, Mr G
Nene, Mr J
Discharged: Asiya, Mr SE
Fubbs, Ms JL
Gumede, Mr DM
Portfolio Committee on Trade and Industry
Appointed: Khunou, Ms NP
Maake, Mr JJ (Alt)
Ntuli, Ms MB
Ramodibe, Ms DM (Alt)
Selau, Mr GJ (Alt)
Portfolio Committee on Transport
Appointed: Fazzie, Mr MH (Alt)
Sefularo, Dr M
Discharged: Khunou, Ms NP
Portfolio Committee on Water Affairs and Forestry
Appointed: Makasi, Ms XC
Mogase, Mr ID
Vundisa, Mr SS
Discharged: Combrinck, Mr JJ
Manana, Ms MNS
Mosala, Mr BG
COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Home Affairs on the Films and Publications Amendment Bill [B27B – 2006] (National Assembly – sec 75), dated 1 August 2008:
The Portfolio Committee on Home Affairs, having considered the Films and Publications Amendment Bill [B27B – 2006] (National Assembly – sec 75) and proposed amendments of the National Council of Provinces (Announcements, Tablings and Committee Reports, 20 May 2008, p 776), referred to the Committee, reports the Bill with amendments [B27C – 2006].
THURSDAY, 7 AUGUST 2008
ANNOUNCEMENTS
National Assembly
The Speaker
- Membership of the Assembly
The following member vacated his seat in the National Assembly with
effect from 25 July 2008:
Mshudulu, S A.
TABLINGS
National Assembly and National Council of Provinces
- The Speaker and the Chairperson
(a) Report of the Auditor-General on the repair and maintenance of
correctional centres at the Department of Correctional Services [RP
121-2008].
- The Minister of Finance
(a) Responses of the South African Revenue Service (SARS) to the
Resolution of the Portfolio Committee on Finance on SARS Annual
Report for the period 2006/2007.
(b) Government Notice No 819 published in Government Gazette No
31293 dated 1 August 2008: Regulations made under section 86: Call
for comments, in terms of the Cooperative Banks Act, 2007 (Act No
40 of 2007).
(c) Government Notice No 778 published in Government Gazette No
31256 dated 25 July 2008: Borrowing powers of water boards listed
under Schedule 3 Part B of the Public Finance Management Act, 1999
(Act No 1 of 1999).
- The Minister of Environmental Affairs and Tourism
(a) General Notice No 722 published in Government Gazette No 31209
dated 4 July 2008: Policy on Boat-Based Whale and Dolphin Watching,
in terms of the Marine Living Resources Act, 1998 (Act No 18 of
1998).
(b) Government Notice No 723 published in Government Gazette No
31210 dated 4 July 2008: Policy on White Shark Cage Diving (WSCD),
in terms of the Marine Living Resources Act, 1998 (Act No 18 of
1998).
(c) Government Notice No 724 published in Government Gazette No
31211 dated 4 July 2008: Regulations: Management of white shark
cage diving, in terms of the Marine Living Resources Act, 1998 (Act
No 18 of 1998).
(d) Government Notice No 725 published in Government Gazette No
31211 dated 4 July 2008: Regulations: Management of boat based
whale watching and protection of turtles, in terms of the Marine
Living Resources Act, 1998 (Act No 18 of 1998).
(e) General Notice No 868 published in Government Gazette No 31239
dated 11 July 2008: Introduction of the National Environmental
Management: Protected Areas Amendment Bill, in terms of the
National Environmental Management: Protected Areas Amendment Act,
2003 (Act No 57 of 2003).
(f) General Notice No 869 published in Government Gazette No 31239
dated 11 July 2008: Introduction of the National Environmental
Management: Protected Areas Amendment Bill, in terms of the
National Environment Laws Amendment Bill, in terms of the National
Environmental Management Act, 2003 (Act No 107 of 1998).
(g) Government Notice No 742 published in Government Gazette No
31220 dated 11 July 2008: Correction Notice, in terms of the World
Heritage Convention act, 1999 (Act No 49 of 1999).
(h) Government Notice No 741 published in Government Gazette No
31220 dated 11 July 2008: Declaration of a Management Authority for
Ukhahlamba Drakensberg Park World Heritage Site, in terms of the
World Heritage Convention act, 1999 (Act No 49 of 1999).
(i) Government Notice No 741 published in Government Gazette No
31220 dated 11 July 2008: Declaration of a Management Authority for
Ukhahlamba Drakensberg Park World Heritage Site, in terms of the
World Heritage Convention act, 1999 (Act No 49 of 1999).
(j) Government Notice No 740 published in Government Gazette No
31220 dated 11 July 2008: Declaration of a Management Authority for
Taung Skull Fossil World Heritage Site which is a Component of the
Fossil Hominid sites of South Africa, in terms of the World
Heritage Convention act, 1999 (Act No 49 of 1999).
(k) Government Notice No 739 published in Government Gazette No
31220 dated 11 July 2008: Declaration of a Management Authority for
the Richtersveld Cultural and Botanical Landscape World Heritage
Site, in terms of the World Heritage Convention act, 1999 (Act No
49 of 1999).
(l) Government Notice No 738 published in Government Gazette No
31220 dated 11 July 2008: Declaration of a Management Authority for
Makapan Valley World Heritage Site which is a Component of the
Fossil Hominid Sites of South Africa, in terms of the World
Heritage Convention act, 1999 (Act No 49 of 1999).
- The Minister of Water Affairs and Forestry
(a) Report and Financial Statements of Botshelo Water for the year
ended 2007, including the Report of the Independent Auditors on the
Financial Statements for the year ended June 2007.
COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Transport on the Legal Succession to the South African Transport Services Amendment Bill [B 43- 2008] (National Assembly - sec 75), dated 6 August 2008.
The Portfolio Committee on Transport, having considered the subject of the Legal Succession to the South African Transport Services Amendment Bill [B 43- 2008] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B 43A - 2008].
-
Report of the Portfolio Committee on Transport on the National Railway Safety Regulator Amendment Bill [B 32- 2008] (National Assembly - sec 76), dated 6 August 2008.
The Portfolio Committee on Transport, having considered the subject of the National Railway Safety Regulator Amendment Bill [B 32- 2008] (National Assembly - sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B 32A – 2008].
-
Report of the Portfolio Committee on Housing on the Social Housing Bill [B 29D - 2008] (National Assembly - sec 76(1)), dated 06 August 2008.
The Portfolio Committee on Housing, having considered the Social Housing Bill [B 29D - 2008] (National Assembly - sec 76(1)), amended by the National Council of Provinces and referred to the committee, reports that it has agreed to the Bill.
-
Report of the Portfolio Committee on Housing on the Prevention of Illegal Eviction from and Unlawful Occupation of Land Amendment Bill [B8 – 2008] (National Assembly – sec 75), dated 06 August 2008.
The bill was referred to the Committee for the first time on 14 April
- Following public hearings, the Committee deliberated on the bill and requested the department to address the following issues:
• The position of farm workers in relation to evictions; and • Alignment of the provisions of the bill with the Extension of Security of Tenure Act and the Labour Tenants Act.
The bill was subsequently withdrawn by the Minister of Housing.
It was reintroduced and referred to the Committee on 7 March 2008. During its consideration of the bill, the Committee noted with concern that the issues raised by it in 2005 had not been satisfactorily addressed. The Committee therefore recommends that the bill be rejected.
Report to be considered.
-
Report of the Portfolio Committee on Labour on the Skills Development Amendment Bill [B 49 – 2008] (National Assembly – sec 75) dated 6 August 2008:
The Portfolio Committee on Labour, having considered the subject of the Skills Development Amendment Bill [B 49 – 2008] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, submits the Bill with amendments [B 49A – 2008].
MONDAY, 11 AUGUST 2008
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(3) classified the following
Bill as a section 75 Bill:
a) National Environmental Management: Protected Areas Amendment
Bill [B 67 – 2008] (National Assembly – sec 75)
(2) The JTM in terms of Joint Rule 160(4) classified the following
Bill as a section 76 Bill:
a) National Environment Laws Amendment Bill [B 66 – 2008]
(National Assembly – sec 76).
TABLINGS
National Assembly and National Council of Provinces
1. The Speaker and the Chairperson
(a) Report of the Auditor-General on a performance audit of the
management of the Municipal Infrastructure Grant at the
Department of Provincial and Local Government – June 2008 [RP
120-2008].
(b) Report of the Auditor-General on the Financial Statements of
South African Institute for Drug Free Sport.
(c) Report of the Auditor-General on the Financial Statements of
Iziko Museums of Cape Town.
(d) Report of the Auditor-General on the Financial Statements of
Artscape
2. The Minister of Finance
(a) Convention between the Republic of South Africa and the Kingdom
of the Netherlands for the Avoidance of Double Taxation and the
Prevention of Fiscal Evasion with respect to Taxes on Income and
on Capital, tabled in terms of section 231(2) of the
Constitution, 1996.
(b) Explanatory Memorandum to the Convention between the Republic of
South Africa and the Kingdom of the Netherlands for the
Avoidance of Double Taxation and the Prevention of Fiscal
Evasion with respect to Taxes on Income and on Capital.
(c) Protocol Amending the Convention between the Republic of South
Africa and the Kingdom of the Netherlands for the Avoidance of
Double Taxation and the Prevention of Fiscal Evasion with
respect to Taxes on Income and on Capital, tabled in terms of
section 231(2) of the Constitution, 1996.
(d) Explanatory Memorandum to the Protocol Amending the Convention
between the Republic of South Africa and the Kingdom of the
Netherlands for the Avoidance of Double Taxation and the
Prevention of Fiscal Evasion with respect to Taxes on Income and
on Capital.
(3) The Minister for Justice and Constitutional Development
(a) Proclamation No R.23 published in Government Gazette No 31189
dated 27 June 2008: Commencement of section 62(1) to (5) of the
Regulation of Interception of Communications and Provision of
Communication-related Information Act, 2002 (Act No 70 of 2002).
National Assembly
-
The Speaker a) Letter from the Minister of Water Affairs and Forestry, dated 4 August 2008, 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 Report of Botshelo Water for 2006-2007.
TABLING OF ANNUAL REPORT: BOTSHELO WATER: 2006/07
Dear Madam Speaker
In terms of section 55(1) of the Public Finance Management Act, 1999 (Act No 1 of 1999)[PFMA], public entities (which include water boards) must submit within five months of the end of their financial year their Annual Report and Financial Statements to the Executive Authority (in this case the Minister of Water Affairs and Forestry), for scrutiny. Within one month after receipt of the report and financial statements it must be submitted for tabling in Parliament in terms of section 65(1)(a) of the Act.
The Board of Botshelo Water failed to submit its Annual Report and Financial Statements within the prescribed period. The reason for the late submission is that the former Chief Executive as well as three senior managers, i.e. managers of Finance, Technical Services and Human Resources/Marketing, simultaneously left the organisation without ensuring that the annual financial statements were ready for auditing or that the Annual Report was ready for tabling.
The compilation of the annual financial statements was subsequently outsourced and auditing by the Auditor-General only resumed in March 2008. In terms of section 65(2)(a) of the mentioned Act, the Minister must, upon failure to table the Annual Report and Financial Statements within six months of the end of the financial year, table a written explanation in Parliament to give reasons why the Report was not tabled. I trust that the reason for the delay is clear and in future, the Board should be in a position to submit in time.
The Annual Report of Botshelo Water will now be tabled in Parliament.
Yours sincerely
signed MRS L B HENDRICKS MP MINISTER OF WATER AFFAIRS AND FORESTRY
(b) MHLATHUZE WATER LESSOR TRUST (MWLT): PROGRESS REPORT
Dear Ms Mbete
As you are aware, the Board of Mhlathuze Water received a qualified
audit with the following emphasis of matter during the 2006/07
financial year:
i) MWLT did not comply with the requirements of section
51(1)(f) of the PFMA;
ii) MWLT had not issued audited financial statements for the
2006 and 2007 financial years; and
iii) Mhlathuze Water failed to submit its audited financial
statements by 30 November 2007 to National Treasury, the
Executive Authority and the Auditor-General.
I subsequently requested a progress report on the steps taken with
regard to the MWLT in order to ensure that Mhlathuze Water receives
a clean audit for the 2007/08 financial year.
I am satisfied that the following aspects have been addressed by
Mhlathuze Water:
1. Mhlathuze Water submitted an application for the appointment
of new trustees, which the Master of the High court approved
on 4 June 2008. This will enable the trustees to resume
meetings in order to ensure accountability.
2. The financial statements of the MWLT for the periods 2005/06
and 2006/07 have now been prepared and will be tabled at a
trustees’ meeting to be held before the end of July 2008 for
approval.
3. The financial statements for 2007/08 are being prepared by
Rand Merchant Bank and will be audited by
PriceWaterHouseCoopers. It is expected that the audits will
be completed by 30 August 2008.
Appropriate adjustments were done by the Board’s financial
statements for 2006/07 to correct the anomalities, i.e. the bank
account, previously omitted, was disclosed and the MWLT’s assets
were included in the Board’s balance sheet.
It is my view that the MWLT issues have been adequately dealt with
and should not pose further audit queries that could result in an
audit qualification in 2007/08 financial year.
Yours sincerely
signed
MRS L B HENDRICKS MP
MINISTER OF WATER AFFAIRS AND FORESTRY
TUESDAY, 12 AUGUST 2008
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Withdrawal of Bill
The Minister of Defence withdrew the following Bill on 4 August 2008:
(1) Defence Amendment Bill [B 6 - 2008] (National Assembly - sec
75).
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Environmental Affairs and Tourism (a) 2006-2007 Yearly Report to Parliament in terms of section 26(1) of the National Environmental Management Act (NEMA), 1998 (Act No 107 of 1998).
COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Science and Technology on the Intellectual Property Rights from Publicly Financed Research and Development Bill [B46 – 2008] (National Assembly – Section 75), dated 12 August 2008:
The Portfolio Committee on Science and Technology, having considered the subject of the Intellectual Property Rights from Publicly Financed Research and Development Bill [B46 – 2008] (National Assembly – Section 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B 46A – 2008].
-
Report of the Portfolio Committee on Trade and Industry on the Competition Amendment Bill [B31-2008] (National Assembly – sec 75), dated 8 August 2008. The Portfolio Committee on Trade and Industry, having considered the subject of the Competition Amendment Bill [B 31 – 2008] (National Assembly – sec 75), referred to it and classified by the JTM as a section 75 Bill, reports the Bill with amendments [B31A-2008].
-
Report of the Portfolio Committee on Education on the National Qualifications Framework Bill [B 33 - 2008] (National Assembly - Section 76), dated 12 August 2008: The Portfolio Committee on Education, having considered the subject of the National Qualifications Framework Bill [B 33 - 2008] (National Assembly - Section 76), referred to it and classified by the Joint Tagging Mechanism as a Section 76 Bill, reports the Bill with amendments [B 33A – 2008].
- Report of the Portfolio Committee on Education on the General and
Further Education and Training Quality Assurance Amendment Bill [B 35
- 2008] (National Assembly - Section 76), dated 12 August 2008:
The Portfolio Committee on Education, having considered the subject of the General and Further Education and Training Quality Assurance Amendment Bill [B 35 - 2008] (National Assembly- Section 76), referred to it and classified by the Joint Tagging Mechanism as a Section 76 Bill, reports the Bill with amendments [B35A - 2008].
-
Report of the Portfolio Committee on Education on the Higher Education Amendment Bill [B 34 - 2008] (National Assembly - Section 75), dated 12 August 2008:
The Portfolio Committee on Education, having considered the subject of the Higher Education Amendment Bill [B 34 - 2008] (National Assembly - Section 7 5), referred to it and classified by the Joint Tagging Mechanism as a Section 75 Bill, reports the Bill with amendments [ B34A – 2008].
WEDNESDAY, 13 AUGUST 2008
COMMITTEE REPORTS National Assembly
-
Report of the Portfolio Committee on Housing on the Housing Development Agency Bill [B 1D - 2008] (National Assembly - sec 76(1)), dated 06 August 2008:
The Housing Development Agency Bill [B 1D – 2008] (National Assembly – sec 76(1)) was amended by the National Council of Provinces and referred to the Portfolio Committee. The Committee had further amendments to propose for inclusion in the Bill. However, National Assembly Rule 276 (2) provides that no amendments may be proposed to the Council’s amended Bill. Under the circumstances the Rules provide for the Bill to go through a mediation process for such amendments to be considered.
The Committee therefore recommends that the Bill not be passed.
Report to be considered.
-
Report of the Portfolio Committee on Justice and Constitutional Development on the Reform of Customary Law of Succession and Regulation of Related Matters Bill B10 – 2008, dated 7 August 2008.
The Portfolio Committee on Justice and Constitutional Development, having considered the Reform of Customary Law of Succession and Regulation of Related Matters Bill [B10-2008] (National Assembly – sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B10A – 2008].
The Committee reports further as follows:
- The Bill originates from an investigation and report of the South African Law Reform Commission (SALRC). The purpose of the Bill is –
(i) to abolish the customary rule of primogeniture in as far as it applies to the law of succession in order to bring it in line with the Constitution; and (ii) to give effect to the judgment of the Constitutional Court in the case of Bhe and Others v The Magistrate, Khayelitsha and Others CCT 49/03, Shibi v Sithole and Others CCT 69/03 which declared the principle of male primogeniture incompatible with the Bill of Rights.
-
The approach of the Committee in processing the Bill revolved around the need to ensure: Respect for customary law which is recognised by the Constitution. Recognition that the primogeniture rule as applied to the customary law of succession cannot be reconciled with current notions of equality and human dignity as contained in the Bill of Rights. Provision is made for the variety of supporting unions in customary law.
-
The Committee acknowledged that the Bill was drafted to provide for matters of succession in respect of the different types of family structures that exist within customary law. The female partners too and children born of unions that fall outside of customary marriage, including all related and supporting customary unions as well as ancillary unions entered into by women had to be accommodated in respect of inheritance.
-
The Portfolio Committee organised public hearings on the Bill on the 17th June 2008. The Committee received two written submissions, one from the National House of Traditional Leaders (NHTL) and the other from the Women’s Legal Centre (WLC). The WLC also made an oral representation to the Committee. The NHTL expressed their support for the Bill and the provisions it offered to those women and children in customary unions who had been excluded from the protection of the law. The WLC raised certain queries that were addressed during the deliberation process.
-
During deliberations on the Bill certain amendments were made to make the Bill easier to read, to maintain consistency and uphold plain language principles. The word ‘traditionally’ was deleted from the definition of ‘customary law’ in light of the Shilubana and Others v Nwamitwa [2008] ZACC 9 judgement of the Constitutional Court where the court stated that to define customary law as something traditionally observed ignores the contemporary practice of the community in question. The definition of the term ‘house’ was also simplified. The concerns expressed by the WLC around Clause 5 relating to the exclusion of property held by a traditional leader have been accommodated by ensuring that the exclusion relates only to official property held by a traditional leader on behalf of a traditional community referred to in the Traditional Leadership and Governance Framework Act, 41 of 2003.
-
There was some debate by the Committee around Clause 7, which is a savings clause. Before 2 December 1988 a man married by customary law could enter a civil marriage with another woman, thereby dissolving the customary law marriage. The Marriage and Matrimonial Property Law Amendment Act 3 of 1988 prohibits customary law spouses from concluding civil marriages except with each other. Clause 7 provides that where a man enters into a civil marriage with another woman before 2 December 1988, other than a customary law spouse, the customary law spouse and any children must inherit on par with the civil law spouse and any children from that marriage. The Department indicated that such women were in fact protected by a savings clause in the Repeal of the Black Administration and Amendment of Certain Laws Act 28 of 2005 and that Clause 7 amounted to duplication. However, the Committee, after considering the input from the representative from the South African Law Reform Commission (SALRC) was of the view that given the imminent demise of the Black Administration Act such women should be protected and the Clause should be retained. The Department accepted the retention of this clause. It was also pointed out that despite the prohibition that existed before and after 2 December 1988, as well as after 20 November 1998 to date, civil marriages continued to be contracted during the existence of a customary marriage and customary marriages are still contracted during the existence of a civil marriage. The Committee was of the view that some consideration should be given to the SALRC suggestion around a possible investigation into the amendment of the Recognition of Customary Marriages Act 120 of 1998 to make provision for cases where civil and customary marriages exist simultaneously.
-
The Committee has some reservations around the capacity of the Masters Office to deal with these customary law estates, despite assurances from the Department that the Acting Chief Master has indicated that their offices do possess the necessary capacity.
-
The Committee also has concerns about three areas that may not have been adequately addressed in the Bill, namely, the fairness of allocating a child ’s portion to a woman (known in customary law as a ‘seed-raiser’) in Clause 2 of the Bill; the failure to take into consideration ‘marriages from the grave’; and the lack of definition around the proposed Regulations in respect of Clause 5 of the Bill. The Committee believes that these can be further examined by the NCOP when it considers the Bill.
Report to be considered.
-
Report of the Portfolio Committee on Transport on the National Road Traffic Amendment Bill [B 39- 2008] (National Assembly- sec 76), dated 13 August 2008:
The Portfolio Committee on Transport, having considered the subject of the National Road Traffic Amendment Bill [B 39 - 2008] (National Assembly - sec 76), referred to it and classified by the Joint Tagging Mechanism as a Section 76 Bill, reports the Bill with amendments [B 39A - 2008].
-
Report of the Portfolio Committee on Justice and Constitutional Development on the General Laws (Loss of Membership of National Assembly, Provincial Legislature or Municipal Council) Amendment Bill [B 64 - 2008] (National Assembly - sec 75), dated 7 August 2008:
The Portfolio Committee on Justice and Constitutional Development, having considered the subject of the General Laws (Loss of Membership of National Assembly, Provincial Legislature or Municipal Council) Amendment Bill [B 64 - 2008] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B 64A - 2008].
The Committee wishes to report further, as follows:
1.1 The Committee notes that the Public Funding of Represented Political Parties Act, 1997 (Act No. 103 of 1997) (the Funding Act), will, after the repeal of section 6A, provide for two scenarios where a political party has to repay the unspent balances of all moneys that have been allocated to it in terms of section 5 of the Funding Act to the Electoral Commission:
(a) where a political party ceases to qualify for the allocation of moneys from the Represented Political Parties’ Fund (the Fund) (section 5(4)); and (b) if Parliament and every provincial legislature are dissolved in terms of the Constitution or if Parliament or any provincial legislature is so dissolved in any other circumstances (section 9(3) and (4)).1.2 The Committee notes that section 9(1) of the Funding Act creates a third scenario where a political party, under certain circumstances, has to repay a certain amount of the unspent balances of moneys that have been allocated to it in terms of section 5 of the Funding Act to the Electoral Commission. This section provides that any unspent moneys at the end of a financial year, in the special banking account kept by a political party in terms of section 6(1)(a) of the Funding Act, will be shown in the party’s relevant books and records of account as a credit balance carried forward to the next financial year. Provision is, however, made that the moneys have to repay their unspent balances of moneys in terms of that may be carried forward may be limited to an amount representing a prescribed percentage of the allocations that had been made to the political party concerned for that financial year. 1.3 The Committee’s attention was also drawn to its Report on the Constitutional Matters Amendment Bill [B 22B—2005] (now the Constitutional Matters Amendment Act, 2005 (Act No. 15 of 2005)), dated 19 August 2005. In the Report, the Minister for Justice and Constitutional Development was requested to direct her Department to, amongst other issues, investigate the desirability of:
(a) bringing the provisions of sections 5(4) and 9(3) and (4) of the Funding Act into line with section 6A of the Funding Act; and (b) making the offences in section 9A of the Funding Act applicable to the accounting officers of political parties that sections 5(4) and 9(3) and (4) of the Funding Act. The Report noted that, if necessary, the Minister should submit legislation to Parliament to effect this. The Committee was informed that some of the clauses in the Bill, as introduced, sought to address the matters raised by the Committee in its above-mentioned Report.1.4 Following submissions received during the public hearings, in particular by the Electoral Commission, the Committee realised the complexity of the whole system of repayment of unspent balances of moneys to the Electoral Commission in terms of sections 5(4) and 9(1), (3) and (4) of the Funding Act, and has concluded that it needs to be reviewed, in conjunction with the relevant role-players. Hence the Committee agreed to only retain the clauses in the Bill that relate directly to the abolition of floor crossing or that are not controversial and to reject the clauses in the Bill that seek to amend the Funding Act: (a) so as to further regulate the repayment of the unspent balances of moneys to the Electoral Commission by a political party; and (b) which are not consequential to the abolition of floor crossing.
The effect is that the clauses seeking to address the matters raised by the Committee in its Report referred to in paragraph 1.3 above, with the exception of clause 2(c), have been deleted from the Bill.1.5 Due to time constraints and the urgent need to pass the Bill and ensure its implementation before the next window period for floor crossing on local government level, that is due from 1 September 2009, the Committee was not in a position to conduct a review of the system as referred to above.
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In light of the above, the Committee recommends that the Minister for Justice and Constitutional Development be requested to direct her Department to conduct the review referred to in paragraph 1.5 above with a view to submitting amending legislation, if necessary, to Parliament at the earliest opportunity.
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Inevitably, issues about the electoral system arose during deliberations on the Bill. The Committee feels that consideration should be given to reviewing the electoral system within the first two years of the term of the next parliament. Consideration should be given to whether it is necessary to have some inclusive electoral system made up of both constituency and proportional list MPs.
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The Committee feels that within the current proportional list system the Speaker’s Office should consider ensuring greater accountability of MPs to the voters through constituency work. Currently, MPs are allocated to constituencies by their respective political parties and are allocated funds by Parliament to run Parliamentary Constituency Offices (PCOs). MPs account to their respective parties for the constituency work they do. The Committee feels that, in addition to this, the Speaker’s Office should consider whether MPs should provide reports to Parliament for the constituency work they do and if so, whether these reports should be published, including on Parliament’s website. The Speaker’s Office might also want to consider some system of co-operation between political parties on how they allocate PCOs to ensure a greater distribution of these offices throughout the country.
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Following exchanges with IDASA during the public hearings, the Committee requested IDASA to offer suggestions on how MPs could be more accountable to voters within the current electoral system. IDASA made a brief submission in this regard. The Committee has not discussed IDASA’s proposals and has no particular views on them, but will refer their submission to the Speaker’s Office. Without necessarily endorsing them, the Committee refers to two interesting proposals from IDASA’s submission:
• “Location: Parties decide where to establish their PCOs. This leads in some cases to multiple PCOs in a single area, each run by a different party, reaffirming the party, and not parliamentary, nature of these offices. Parliament should investigate some way of ensuring a sufficiently even distribution of offices bearing in mind the political limitations. Discussions bringing together party leaders about locations or introducing total limits on money given to any single area to fund PCOs may help this problem. • Civic Education: It is vitally important to the success of PCOs that citizens are familiar with them as an institution and understand what they can expect from them. If citizens start to expect more from their representatives, MPs will begin to understand the advantage of having closer links to them. A general civic education programme should be explored that will teach citizens about MP accountability, the differences between ward councillors, MPLs and MPs and the role of PCOs and PDOs…..”
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Report to be considered.
- Report of the Portfolio Committee on Justice and Constitutional Development on the Constitution Fourteenth Amendment Bill [B62-2008] (National Assembly - sec 74), dated 7 August 2008.
The Portfolio Committee on Justice and Constitutional Development,
having considered the subject matter of the Constitution Fourteenth
Amendment Bill [B62-2008] (National Assembly - sec 74), referred to it,
and classified by the Joint Tagging Mechanism as a section 75 Bill,
reports the Bill with amendments [B62A – 2008].
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Report of the Portfolio Committee on Justice and Constitutional Development on the Constitution Fifteenth Amendment Bill [B63-2008] (National Assembly - sec 74), dated 7 August 2008. The Portfolio Committee on Justice and Constitutional Development, having considered the subject matter of the Constitution Fifteenth Amendment Bill [B63-2008] (National Assembly - sec 74), referred to it, and classified by the Joint Tagging Mechanism as a section 74 Bill, reports the Bill with amendments [B63A – 2008].
THURSDAY, 14 AUGUST 2008
COMMITTEE REPORTS
National Assembly
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Progress Report of the Portfolio Committee on Finance on the Draft Money Bill Amendment Procedure and Related Matters Bill, dated 13 August 2008.
The Portfolio Committee on Finance, having been instructed by the National Assembly to consider a procedure to amend money bills before Parliament with a view to introducing a bill dealing with the matter (see Minutes of Proceedings of the National Assembly, dated 25 June 2008), reports as follows:
On 25 June 2008 a resolution was passed by the Assembly mandating the Portfolio Committee to consider a procedure to amend money bills before Parliament with a view to introducing a bill dealing with the matter. The resolution requires the Committee to report by 15 August 2008.
The Committee subsequently gave prior notice of introduction of the draft legislation in Government Gazette No 312348, dated 10 July 2008. The Gazette also contained an invitation for interested persons and institutions to submit written submissions on the draft legislation. The Committee held public hearings on the submissions received.
The Committee is currently in the process of deliberating on the bill and is of the view that it would not be in a position to finalise its deliberations by 15 August 2008. The Committee accordingly requests that the deadline given to it to report on the draft legislation be extended to 29 August 2008.
Report to be considered.
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Report of the Portfolio Committee on Communications on the Broadcasting Amendment Bill (National Assembly – sec 75), dated 13 August 2008:
The Portfolio Committee on Communications had been given permission by the National Assembly on 26 June 2008 to proceed with the Committee’s proposal to amend the Broadcasting Act [No 4 of 1999]. The amendment provides for the removal of a member or members of the South African Broadcasting Corporation Board on the recommendation of the National Assembly, and for the dissolution of the Board.
The amendment Bill, as presented to the Speaker of the National Assembly, was published for comment in the Government Gazette dated Friday, 4 July 2008. The Committee received twelve submissions from interested parties and entities, and oral comment was heard on 5 August 2008. The Committee completed its deliberations on 13 August 2008 and agreed to the Bill (DA and IFP dissenting).
The Committee reports that it has completed its deliberations on the Bill and, in accordance with Rule 243, introduces the Broadcasting Amendment Bill [B72 - 2008] (National Assembly – section 75).
Report to be considered.
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Report of the Portfolio Committee on Agriculture and Land Affairs on the Land Use Management Bill [B27-2008] (National Assembly – sec 76), dated 13 August 2008:
The Portfolio Committee on Agriculture and Land Affairs, having considered the subject of the Land Use Management Bill [Bill 27-2008] (National Assembly – sec 76), referred to it, and classified by the Joint Tagging Mechanism (JTM) as a section 76 Bill, presents a redraft of the Bill [B27B-2008].
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Report of the Portfolio Committee on Provincial and Local Government on the Traditional Leadership and Governance Framework Amendment Bill [B 57– 2008] (National Assembly – sec 76), dated 13 August 2008.
The Portfolio Committee on Provincial and Local Government, having considered the subject of the Traditional Leadership and Governance Framework Amendment Bill [B 57 – 2008] (National Assembly – sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B 57A – 2008].
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Report of the Portfolio Committee on Provincial and Local Government on the National House of Traditional Leaders Bill [B 56– 2008] (National Assembly – sec 76), dated 13 August 2008:
The Portfolio Committee on Provincial and Local Government, having considered the subject of the National House of Traditional Leaders Bill [B 56 – 2008] (National Assembly – sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B 56A – 2008].
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The following report replaces the report published on page 1503 of the ATC of 12 August 2008:
Report of the Portfolio Committee on Education on the Higher Education Amendment Bill [B 34 - 2008] (National Assembly - Section 75), dated 12 August 2008:
The Portfolio Committee on Education, having considered the subject of the Higher Education Amendment Bill [B 34 - 2008] (National Assembly - Section 75), referred to it and classified by the Joint Tagging Mechanism as a Section 75 Bill, reports the Bill without amendment.
FRIDAY, 15 AUGUST 2008
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Translations of Bills submitted
(1) The Minister for Justice and Constitutional Development
a) Veertiende Wysigingswetsontwerp op die Grondwet [W 62 – 2008]
(National Assembly – sec 74)
This is the official translation into Afrikaans of the
Constitution Fourteenth Amendment Bill [B 62 – 2008] (National
Assembly – sec 74).
b) Vyftiende Wysigingswetsontwerp op die Grondwet [W 63 – 2008]
(National Assembly – sec 74)
This is the official translation into Afrikaans of the
Constitution Fifteenth Amendment Bill [B 63 – 2008] (National
Assembly – sec 74).
c) Algemene Regswysigingswetsontwerp (Verlies van Lidmaatskap van
Nasionale Vergadering, Provinsiale Wetgewer of Munisipale
Raad) [W 64 – 2008] (National Assembly – sec 75)
This is the official translation into Afrikaans of the General
Laws (Loss of Membership of National Assembly, Provincial
Legislature or Municipal Council) Amendment Bill [B 64 – 2008]
(National Assembly – sec 75). 2. Introduction of Bills
(1) The Portfolio Committee on Communications
a) Broadcasting Amendment Bill [B 72 – 2008] (National Assembly –
proposed sec 75) [Draft Bill and memorandum setting out its
objects published in Government Gazette No 31215 of 4 July
2008.]
Bill initiated by the Portfolio Committee on Communications of
the National Assembly, and referred 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 Bills may be submitted to the JTM within three
parliamentary working days.
-
Withdrawal of report tabled
Please Note: The Report of the Parliamentary Oversight Authority on Proposed Policies on Parliamentary Travel and Computer and other Equipment for Members of Parliament, published on page 613 of the Announcements, Tablings and Committee Reports of 13 May 2008, is withdrawn.
TABLINGS
National Assembly and National Council of Provinces
-
The Minister of Finance
(a) Agreement on Customs and Tax Administration Co-operation between the Government of the Republic of South Africa, the Government of the Republic of India and the Government of the Federative Republic of Brazil, tabled in terms of section 231(3) of the Constitution, 1996.
a) Explanatory Memorandum to the Agreement.
b) Agreement between the Government of the Republic of South Africa and the Government of the Republic of the Sudan regarding Mutual Assistance between their Customs Administration, tabled in terms of section 231(3) of the Constitution, 1996.
c) Explanatory Memorandum to the Agreement.
d) Annual Report of the Bank Supervision Department of the South African Reserve Bank for 2007. e) Annual Report of the Registrar of Friendly Societies for 2006.
- The Minister of Transport
a) Air Services Agreement between the Government of the Republic of South Africa and the Swiss Federal Council, tabled in terms of section 231(3) of the Constitution, 1996.
b) Explanatory Memorandum to the Agreement. COMMITTEE REPORTS
National Assembly
-
Report of the Portfolio Committee on Minerals and Energy on the National Energy Bill [B52-2008] (National Assembly- sec 75), dated 14 August 2008.
The Portfolio Committee on Minerals and Energy, having considered the subject of the National Energy Bill [B 52 – 2008] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, presents a redraft of the Bill [B 52B- 2008]
MONDAY, 19 AUGUST 2008
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Bills passed by Houses – to be submitted to President for assent
(1) Bills passed by National Assembly on 19 August 2008:
a) Films and Publications Amendment Bill [B 27D – 2006] (National
Assembly – sec 75).
b) Social Housing Bill [B 29D – 2007] (National Assembly – sec
76(1)).
(2) Bills passed by National Council of Provinces on 19 August 2008:
a) Financial Services Laws General Amendment Bill [B 21B – 2008]
(National Assembly – sec 75).
b) Agricultural Debt Management Repeal Bill [B 24 – 2008]
(National Assembly – sec 75).
c) Insurance Laws Amendment Bill [B 26B – 2008] (National
Assembly – sec 75).
d) Special Pensions Amendment Bill [B 29B – 2008] (National
Assembly – sec 75).
- Bill referred to Mediation Committee
(1) Bill, amended by National Council of Provinces and rejected by
National Assembly on 19 August 2008, referred to Mediation
Committee in terms of Joint Rule 186(1)(b):
(a) Housing Development Agency Bill [B 1D – 2008] (National
Assembly – sec 76(1)).
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Translation of Bill submitted (1) Portfolio Committee on Communications
a) Uitsaaiwysigingswetsontwerp [W 72 – 2008] (National Assembly – sec 75)
This is the official translation into Afrikaans of the Broadcasting Amendment Bill [B 72 – 2008] (National Assembly – sec 75). -
Classification of Bills by Joint Tagging Mechanism (JTM)
(1) The JTM in terms of Joint Rule 160(3) classified the following
Bills as section 75 Bills:
a) Broadcasting Amendment Bill [B 72 – 2008] (National Assembly –
sec 75)
b) Judicial Matters Amendment Bill [B 48 – 2008] (National Assembly
– sec 75)
TABLINGS
National Assembly and National Council of Provinces
-
The Minister of Education
a) Report and Financial Statements of the Council for Quality Assurance in General and Further Education and Training – Umalusi for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.
COMMITTEE REPORT
National Assembly and National Council of Provinces
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