TUESDAY, 17 FEBRUARY 2009
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          PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
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The Council met at 14:03.

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

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 44.

                             NEW MEMBER

The CHAIRPERSON OF THE NCOP: Order! Hon members, before we start with the Order Paper I would like to take this opportunity to welcome the hon Mcgluwa to the National Council of Provinces. The hon member was sworn in today in the Chairperson’s office. He is a member of the DA. He will stand up … I’m sorry, he is a member of the ID from the Northern Cape province. [Applause.] Order! There will be no speeches.

Mr V V Z WINDVOЁL: Chairperson, on a lighter note, I was saying to the member that the next sitting will be his last one. May he just say hello and goodbye. [Laughter.] The CHAIRPERSON OF THE NCOP: Okay, he is a member anyway.

                        DEATH OF HELEN SUZMAN

                         (Draft Resolution)

Ms D ROBINSON: Hon Chairperson, I move without notice:

That the Council –

(1) notes with deep sadness the death of Helen Suzman on 1 January 2009;

(2) acknowledges the significant contribution she made to the attainment of democracy in South Africa, by tirelessly and fearlessly fighting against apartheid and injustice and for the rights of the marginalised and dispossessed of South Africa, during her time as the only Progressive Party MP in Parliament;

(3) recognises that since her retirement from Parliament in 1989 she has stood four-square behind the ideals that animate the South African Constitution, and stood up without fear or favour for human rights and civil liberties in South Africa and in the wider world;

(4) further acknowledges that she has left a rich political legacy that will inspire all South Africans in the years ahead; and

(5) conveys its condolences to her family and friends and expresses the assurance that she will truly be missed.

We salute a great South African woman!

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

                    CONDEMNATION OF CARL NIEHAUS

                         (Draft Resolution)

Mr O M THETJENG: Chairperson, I move without notice:

That the Council –

(1) condemns the activities that the then ANC spokesperson, Carl Niehaus, has been involved in;

(2) notes that it is unfortunate that the ANC wants to redeploy him in another capacity within its own ranks;

[Interjections.] The CHAIRPERSON OF THE NCOP: Order, hon members! Continue, hon member.

Mr O M THETJENG: Thank you, Chairperson.

(3) further notes that the ANC manifesto for the coming elections reflects that corruption cannot be tolerated; why, then, tolerate the corruption that Carl Niehaus committed — are there different rules for ANC members and for members of the general public?; and

(4) acknowledges that the DA calls for this House to debate the concept of corruption as a matter of urgency.

[Interjections.]

The CHAIRPERSON OF THE NCOP: Since there is an objection to the draft resolution, it will be recorded on the Order Paper as a notice of motion.

                    BAKKIE ACCIDENT IN MPUMALANGA

                         (Draft Resolution)

Ms F NYANDA: Chairperson, I move without notice:

That the Council —

  1)  notes  that  a  speeding  bakkie  knocked  down  and  killed  four
     schoolchildren while  they  were  walking  to  various  schools  at
     Daantjie  Trust  in  Mpumalanga,  not  far  from  my  constituency,
     yesterday morning, 16 February 2009;


  2) further notes that  the  four  children,  Zinhle  Mnisi,  Khulekani
     Mathebula, Gladness Mashele and Menzi Mtileni, were flung into  the
     yard of a welder, William Lubisi, where three of them died  on  the
     spot while the other was certified  dead  on  arrival  at  a  local
     clinic;


  3) acknowledges that the driver of the bakkie, who was also  a  pupil,
     was reportedly speeding and his companion was rushed to hospital in
     a critical condition;


  4) takes this opportunity to convey its condolences to the families of
     the deceased, and  calls  on  all  parents  to  ensure  that  their
     children have the necessary authorisation to drive  cars  and  that
     they exercise the greatest caution when  driving  in  places  where
     there are learners; and



  5) further acknowledges that ironically just last month  in  the  very
     same area, officers  from  the  traffic  law  enforcement  “Sivutha
     Umlilo”, who themselves were speeding, had their  car  fly  into  a
     certain house – as I speak, the owner still does not have a house.

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

        ENDORSEMENT OF MANIFESTO BY FORMER PRESIDENT MANDELA

                         (Draft Resolution)

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

That the Council —


  1) notes that whoops of joy reverberated across Idutywa in the
     Eastern Cape on Sunday, 15 February 2009, when former President
     Nelson Mandela arrived at an ANC rally to endorse the ANC’s 2009
     National Elections Campaign;


  2) further notes that Mr Mandela, who was helped to the stage by his
     grandson Mandla Mandela and ANC President Jacob Zuma on the
     platform, boldly reaffirmed his lifelong devotion to the visionary
     leadership and ideals of the ANC;


  3) acknowledges that the appearance of this lifelong cadre of our
     movement dispels any ill-conceived notions and blatant lies that
     have been constantly told by desperate people seeking to mislead
     our people, that uTata uMandela has abandoned the party that he
     led for decades to see the liberation of the people of South
     Africa and the demise of the brutal apartheid state; and


(4)     takes this opportunity to reaffirm that this great movement has
     moved well beyond many evolutions from its initial endurance under
     the iron rod of apartheid to the liberation of the people of South
     Africa, yet its inclination for a better South Africa remains ever
     so compelling and resolute.

The CHAIRPERSON OF THE NCOP: There’s an objection to the motion. In the light of the objection, the motion will not be proceeded with; the motion without notice will now become a notice of motion.

Order, hon Sibiya and hon Thetjeng, we are in the House, please!

                   PRECEDENCE GIVEN TO ORDER NO 8

                         (Draft Resolution)

The CHIEF WHIP OF THE COUNCIL: Chairperson, I move:

That the Council agrees that Order No 8 be inserted after Order No 6, namely Consideration of Second-Hand Goods Bill [B 2F – 2008] (National Assembly – sec 76(1)), and that Order No 8, as printed, becomes Order No 8.

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

ESTABLISHMENT OF AD HOC COMMITTEE TO CONSIDER MATTERS IN TERMS OF SECTION 12 OF THE NATIONAL PROSECUTING AUTHORITY ACT, 1998

                         (Draft Resolution)

The CHIEF WHIP OF THE COUNCIL: Chairperson, I move:

That the Council ratifies the decision of the Chairperson of the National Council of Provinces and the Speaker of the National Assembly, acting jointly, in terms of Joint Rule 138, to establish an ad hoc joint committee to consider matters in terms of section 12 of the National Prosecuting Authority Act, 1998 (Act 32 of 1998), as announced in the Announcements, Tablings and Committee Reports of 12 January 2009.

Question put: That the motion be agreed to.

IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape. Motion accordingly agreed to in accordance with section 65 of the Constitution. APPOINTMENT OF MEMBERS TO SERVE ON MEDIATION COMMITTEE IN RESPECT OF SECOND- HAND GOODS BILL

                         (Draft Resolution)

The CHIEF WHIP OF THE COUNCIL: Chair, I move the motion printed in my name on the Order Paper, as follows:

That the Council ratifies the decision of the Chairperson to appoint the following members to serve on the Mediation Committee in respect of the Second-Hand Goods Bill [B 2D — 2008] (National Assembly—sec 76(1)):

Eastern Cape: J W le Roux
Free State: N S S Mqungquthu
Gauteng: D R Tsotetsi
KwaZulu-Natal: A N T Mchunu
Limpopo: M L Mokoena
Mpumalanga: F Nyanda
Northern Cape: C M Goeieman
North West: K A Kgarebe
Western Cape: N J Mack


Alternate:


North West: A L Moseki Question put: That the motion be agreed to.

IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.

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

    RATIFICATION OF DECISION TO ESTABLISH AD HOC JOINT COMMITTEE

                         (Draft Resolution)

The CHIEF WHIP OF THE COUNCIL: Kwakhona, Mhlalingaphambili, ndiphakamisa esi sindululo sibhalwe ngam kwiPhepha leMicimbi yeNdlu: [Chairperson, I move the motion printed in my name on the Order Paper, as follows:]

That the Council, noting that the National Youth Development Agency Act (Act 54 of 2008) has been promulgated, resolves to ratify –

  1) the decision of the Chairperson  to  establish  an  ad  hoc  joint
     committee in terms of Joint Rule 138(4)(a) to consider,  in  terms
     of the Act, the appointment  of  members  to  the  National  Youth
     Development Agency Board;


  2) that the committee exercises those powers in Joint  Rule  32  that
     may assist it in carrying out its task;


  3) that the committee consists of 9 members of the  National  Council
     of Provinces and 13 members of the National Assembly (ANC 8, DA 2,
     IFP 1 and all other parties 2) and;


  4) that the committee reports by 19 February 2009.

Question put: That the motion be agreed to.

IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.

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

             SUSPENSION OF JOINT RULES 154(2) AND 220(2)

                         (Draft Resolution)

The CHIEF WHIP OF THE COUNCIL: Kwakhona, Mhlalingaphambili, ndiphakamisa esi sindululo sibhalwe ngam kwiPhepha leMicimbi yeNdlu: [Chairperson, I move the motion printed in my name on the Order Paper, as follows:]

That the Council —

  1) subject to the concurrence  of  the  National  Assembly,  suspends
     Joint Rule 154(2), which provides that the Joint Tagging Mechanism
     may not classify a Bill before the expiry of the period stated  in
     the Announcements, Tablings and Committee Reports, in  respect  of
     the Division of Revenue Bill [B 4 — 2009] (National Assembly — sec
     76)  (see  Announcements,  Tablings  and  Committee  Reports,   11
     February 2009, p 301); and


  2) subject to the concurrence  of  the  National  Assembly,  for  the
     purposes of conducting the Second Reading  debate  on  the  above-
     mentioned Bill, suspends Joint Rule 220(2), which requires that  a
     translation  of  a  Bill’s  official  text  must  be  received  by
     Parliament at least three days before the formal consideration  of
     the Bill by the House in which it was introduced.

Question put: That the motion be agreed to.

IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape. Motion accordingly agreed to in accordance with section 65 of the Constitution.

CONSIDERATION OF REPORT OF AD HOC JOINT COMMITTEE TO CONSIDER MATTERS IN TERMS OF SECTION 12 OF THE NATIONAL PROSECUTING AUTHORITY ACT

Kgoshi M L MOKOENA: Chairperson and hon members, let me start by thanking the Chief Whip, Ms Ntwanambi, for having confidence in me and by nominating me to, on behalf of the NCOP, co-chair this ad hoc committee which deals with very sensitive and delicate matters. Members from the NCOP who served in the ad hoc committee were brilliant, dynamic, focused, effective, sharp and very helpful.

The ad hoc committee had two options with regard to the request by President Motlanthe to remove Adv Pikoli from the Office of the National Director of Public Prosecutions. Option one was to just look into the Ginwala reports and all the presentations that were made before her, and also to look into the report by the Presidency and the Minister for Justice, and take a decision on that. The second option was to invite all relevant parties to come and give evidence before the ad hoc committee.

We deemed it fit and proper to take the second option. We decided on the latter and therefore invited Adv Pikoli, the Minister for Justice, and Rev Chikane to make presentations. Adv Pikoli appeared before the committee and made a very appealing argument. The Minister also came in to give his side of the story on behalf of the department. The Presidency, represented by Rev Chikane, also appeared before the committee. The majority of members were moved by all the facts tabled before them by Rev Chikane. Having listened to all parties concerned, the majority of members raised serious questions about the conduct and attitude of Adv Pikoli, for being insensitive to national security.

Let us look at the search at the Union Buildings: We learn with shock and disbelief that Adv Pikoli informed the President, Deputy President, the Minister and the Director-General in the Presidency that he was going to conduct searches at the Union Buildings and Tuynhuys, long after they had received the warrants. Adv Pikoli did not see anything wrong with that. According to him, it was not necessary to obtain a warrant before discussing it with either the Head of State, or the Head of Government.

On the matter of the investigation of National Commissioner Selebi, again Adv Pikoli went on to obtain warrants for his arrest and search without discussing this with the relevant Minister or even the Head of State, forgetting the repercussions that might have occurred. My colleagues will go more deeply into this matter, but let me say in passing that it was very strange to the majority of members that, even after the President requested to be given 14 days to make some necessary arrangements for the search and seizure and for the arrest of Mr Selebi, Adv Pikoli refused and told the President that he was giving him only seven days.

On closer examination during the Ginwala inquiry a question was put to Mr Pikoli – this is found in par 2(94) on p 183 of that report:

Dr Ginwala: “But the question I put to you, Adv Pikoli, had the President insisted on an extended period of time, would you have acquiesced?” Adv Pikoli, “…reluctant to answer this, but I will say that perhaps I might have defied the President.”

This kind of attitude illustrates a lack of respect for the President’s constitutional obligation to maintain stability and national security, and it suggests that Adv Pikoli believes his own assessment of the security environment as being superior to that of the President. There is no doubt that the request by the President for a delay of only two weeks was not really unreasonable.

Let me deal with the allegation by Adv Pikoli that the main reason for his suspension was to prevent the NPA from prosecuting the National Commissioner of Police. [Interjections.] If this is to be believed, why was Adv Mpshe not suspended, because he continued with the necessary arrangements as outlined by the President and the Minister? As we are speaking, Mr Selebi is being charged and he will appear in court very soon.

Even now, I don’t understand why Adv Pikoli used private security companies to conduct a search and seizure at the ANC President’s house and at Tuynhuys, and even at the Union Buildings. Those people were not vetted; they were just private companies. By the way, let us not forget that Tuynhuys and the Union Buildings are national key points housing classified documents — that is where they sent people who were not even vetted and who did not even have clearance certificates.

Until now it was difficult to understand why action was not taken against Adv McCarthy for the unfortunate “Browse Mole” report. My colleagues will deal with this in more detail. All the events referred to point to one thing and one thing only, and that is that Adv Pikoli lacked sensitivity in dealing with matters of national security.

The Minister for Justice has lost confidence in Adv Pikoli. The Head of State cannot trust Adv Pikoli, and cannot allow him to deal with sensitive issues that affect the security of the state. Therefore, it will not be in the best interests of the state to keep Adv Pikoli in the sensitive position of National Director of Public Prosecutions. He too, let us be honest and frank, will find it very difficult … I am being sabotaged, Chairperson; I am no longer audible.

The CHAIRPERSON OF THE NCOP: Order!

Kgoshi M L MOKOENA: Thank you very much, and thank you also to the hon Gamede for bringing this to my attention, because I also want the public to hear what I am saying.

What we are saying is that until now it has been very difficult for us to understand why no action was taken against Adv McCarthy, who authorised and was busy with the “Browse Mole” report. All the events referred to point to one thing, and one thing only - that Adv Pikoli lacked sensitivity in dealing with matters of national security.

The Minister for Justice has lost confidence in Adv Pikoli. The Head of State cannot trust Adv Pikoli anymore, and cannot allow him to deal with the sensitive issues that affect the security of the state. Therefore, let us be fair; it will not be in the best interests of the state to keep Adv Pikoli in that sensitive position of National Director of Public Prosecutions. He too will find it difficult to work under such a cloud. I, therefore, submit that this House accepts and recommends that Adv Pikoli be removed from that position in the best interest of himself and of the country. Thank you. [Applause.]

Mr J W LE ROUX: Chairperson, hon members from the DA would also like to wish the new member well, so we hope he will have a pleasant stay in the NCOP. Chairperson, we are unfortunate today to discuss the future of Adv Vusi Pikoli. Other than what Kgoshi has said here, I have found that the leadership of the ANC, from the President down, agrees that he is a man of integrity, a great asset … [Inaudible.]

The CHAIRPERSON OF THE NCOP: Can you control the sound … [Inaudible.] Continue, hon member.

Mr J W LE ROUX: … to his office and to South Africa. He has a proud struggle record and has served the ANC and the country with dedication and distinction. Added to this, the commission appointed by the President under the chairmanship of Frene Ginwala to determine whether he is fit to hold office made a finding that he is indeed a fit and proper person to be the Public Prosecutor and should be reinstated.

I quote from the Ginwala report:

  He impressed me as a person of unimpeachable integrity; ... impressed
  me as a man of unquestionable integrity, with passion to execute his
  constitutional responsibilities without fear, favour or prejudice;
  ...and impressed me as a person of unimpeachable integrity and
  credibility.

This is the commission that the President appointed to go and oversee what the man, Pikoli, is like.

What is impossible to understand, is the brutal way the ANC is now treating one of its finest members. During the last 15 years ordinary South Africans were amazed at the way the ANC leadership dealt with members who committed very serious crimes and indiscretions. The list is long and includes Tony Yengeni, Travelgate offenders, Winnie Mandela, fraudsters and now our latest offender, Carl Niehaus.

The leadership of the ANC has known all about his fraudulent dealings for a long time and as a reward, he was promoted to a senior position at Luthuli House. Advocate Vusi Pikoli had no such luck and was humiliated and suspended. Chairperson, we all know, and I am sure the voters know, the real reason for Adv Vusi Pikoli’s axing is because he wanted to arrest Jackie Selebi, the Commissioner of Police, as well as other ANC members. The reasons the ANC is advancing to justify his removal from office are nothing but smokescreens.

Die een rede vir sy skorsing wat voorgehou word, is sy swak werksverhouding met die vorige Minister, me Mabandla. Hierdie beswaar is van die tafel gevee en Ginwala het bevind dat daar absoluut geen bewys is vir hierdie aantygings nie. ’n Tweede argument wat voorgehou is, was dat adv Pikoli nie die DG deurgaans ingelig gehou het nie. Feit is egter dat hy nie veronderstel is om die DG oor alles in te lig nie.

Groot ophef word gemaak van die sekuriteitsaspekte van sy optrede en dat hy nie sensitief was wat betref staatsveiligheid nie. Adv Pikoli se hele geskiedenis as ANC-kader, en sy onkreukbare karakter, is ’n bewys dat hy letterlik die laaste persoon sou wees om staatsveiligheid in gevaar te stel.

Wat die inhegtenisneming en vervolging van Jackie Selebi betref, is dit so dat adv Pikoli vir minister Mabandla reeds in 2006 … (Translation of Afrikaans paragraphs follows.)

[The one reason advanced for his suspension is his poor working relations with the previous Minister, Ms Mabandla. This objection was swept off the table and Ginwala found that there was absolutely no proof of these allegations. A second argument advanced was that Adv Pikoli did not, as a rule, keep the DG informed. The fact of the matter is that he is actually not supposed to inform the DG regarding everything.

Much is being made about the security aspects of his actions and that he was not sensitive regarding state security. Adv Pikoli’s history as an ANC cadre, and his unimpeachable character, is proof that he would literally be the last person to put state security at risk.

With regard to the arrest and prosecution of Jackie Selebi, the fact is that Adv Pikoli, as early as 2006, had informed Minister Mabandla …]

Mr V V Z WINDVOëL: Chairperson, will the member take a question?

Mr J W LE ROUX: No, sir.

Mr V V Z WINDVOëL: Why not?

The CHAIRPERSON OF THE NCOP: The hon member will not take questions. You may continue, hon member. [Interjections.]

Mr V V Z WINDVOëL: Hy’s net ’n bangbroek! [He is just a coward!]

Mnr J W LE ROUX: Wat die inhegtenisneming en vervolging van Jackie Selebi betref, is dit so dat adv Pikoli vir minister Mabandla reeds in 2006 ingelig het oor die probleme met Selebi. Die President is toe ook ingelig. Die bewering word gemaak dat adv Pikoli nie genoegsaam aandag aan die gevolge van so ’n inhegtenisneming gegee het nie. Dit sou skynbaar staatsveiligheid bedreig en nie in die breë belang wees nie.

Wat in werklikheid waar is, is dat dit nie in die breë belang van die ANC is nie. In werklikheid is dit uiters gevaarlik vir die land as die polisiehoof betrokke is by georganiseerde misdaad, en die vervolgingsgesag word verhoed om op te tree. Dít is die gevaar. (Translation of Afrikaans paragraphs follows.)

With regard to the arrest and prosecution of Jackie Selebi, the fact is that Adv Pikoli had informed Minister Mabandla, as early as 2006, regarding the problems pertaining to Selebi. The President was then also informed. It is alleged that Adv Pikoli did not give the consequences of an arrest of this nature sufficient consideration. It would apparently have compromised state security and not have been in the interest of the broader public.

In fact, what is true, is that it is not in the interest of the ANC at large. In actual fact, it is extremely grave for the country if the police chief is involved in organised crime and the prosecuting authority is prevented from taking action. That is the danger!]

I would like to quote in this regard a letter that Minister Mabandla wrote to Adv Pikoli on 18 September 2007:

Until I have satisfied myself that sufficient information and evidence does exist for the arrest of and preference of charges against the National Commissioner of the Police Service, you shall not pursue the route that you have taken steps to pursue.

Adv Pikoli antwoord soos volg in ’n opvolgbrief aan die Minister: [Adv Pikoli responds as follows in a follow-up letter to the Minister:]

I would like to point out respectfully that neither the Constitution nor NPA Act, the National Prosecuting Authority Act, contemplates that the Minister needs to be satisfied that there is sufficient evidence or that it is in the public interest, before a prosecution can be instituted. Such decisions are the sole prerogative of the NPA.

All credit must go to Adv Pikoli for resisting this interference. Unfortunately, his brave and correct stance may cost him his job.

Chairperson, in conclusion I would like to say this.

The CHAIRPERSON OF THE NCOP: Yes, your time is up, but do please conclude.

Mr J W LE ROUX: It is very cynical and it is very disturbing that the co- chairman of this committee who sat in judgment of Adv Pikoli, the hon Oupa Monareng, has a criminal record. [Interjections.]

Mr M A MZIZI: Sihlalo ohloniphekile, bengithi lolu daba empeleni uthunsi luzoke lithi ukuyolala phansi. [Hon Chairperson, I was hoping that the dust will settle on this matter.] Makwala re tsebe ho nona. [Let there be peace.]

Ngiyabona ukuthi akulungi … [I can see that things are not getting right …]

Chairperson, the task before this House is to evaluate whether the decision by the President of the Republic to fire Adv Pikoli should be upheld or be quashed by Parliament. As you might know, our party, the IFP, has rejected the recommendation of the ad hoc committee to ratify the President’s decision that Pikoli be axed.

In our view there is a close link between the Polokwane decision to kill – if I may use the word – the Scorpions, and the one to dismiss Pikoli, since he is now seen as a threat because of his decision to prosecute the President of the ANC, Msholozi. [Interjections.]

In her final report the former Madam Speaker, Ginwala, recommended that Mr Pikoli be reinstated, but this advice was ignored by the President. The President’s argument is that Pikoli was not sensible to the matters of national security. It is not only obscure, but absurd in a superfluous manner, to refuse to consider the commission; the President has clearly misdirected him and has … [Interjections.]

Mr M A SULLIMAN: Chairperson, is the hon member prepared to take a question? The CHAIRPERSON OF THE NCOP: Are you prepared to take a question?

Mr M A MZIZI: After my speech I will definitely do that.

The CHAIRPERSON OF THE NCOP: All right, continue, hon member.

Mr M A MZIZI: … rendered the work of the commission in vain. To speak the truth, the decision to fire Pikoli was taken for the purpose of political convenience, and not on the balance of probabilities of his case. The decision to fire him was solely preconceived, rather than based on the logical consequences of the findings of the commission. If Parliament fails to execute its powers …

The CHAIRPERSON OF THE NCOP: Hon Windvoël, order! Hon member, hon Windvoël.

Mr V V Z WINDVOЁL: Chairperson, we just want to know who wrote the member such a difficult speech to read.

The CHAIRPERSON OF THE NCOP: Order, hon Windvoël. Continue, hon member. [Interjections.]

Mr M A MZIZI: Whether for … [Interjections.]

The CHAIRPERSON OF THE NCOP: Order, hon members. Continue, hon member.

Mr M A MZIZI: … fear or favour then the court of the land will be the final arbiter to determine if Mr Pikoli’s dismissal was indeed fair and reasonable in a democratic society, and based on an individual’s freedom and the supremacy of the Constitution. Sir, I will take the question. What is the question?

The CHAIRPERSON OF THE NCOP: Mr Sulliman.

Mr M A SULLIMAN: Chairperson, we want the hon member to acknowledge that Koos van der Merwe wrote his speech for him. [Interjections.]

The CHAIRPERSON OF THE NCOP: No, I don’t think that is a question.

The CHIEF WHIP OF THE COUNCIL: Chair, the question to you bab’uMzizi [Mr Mzizi] is: Who put words in your mouth?

Mr M A MZIZI: Oh, that’s … Any other question? [Laughter.]

The CHAIRPERSON OF THE NCOP: Order, that is the end of your speech, thank you.

Mr M A MZIZI: Two minutes, twelve minutes, eleven minutes, no question, thank you. Nk N F MAZIBUKO: Ngibonge nami leli thuba lokucacisa ukuthi ngabe uMengameli wamxoshelani uMmeli Pikoli owayenguMqondisi Kazwelonke Wezokushushiswa Komphakathi.

Okokuqala mangicacise ukuthi uDokotela Ginwala wenza isincomo, akasithathelanga isinqumo ukuthi uMmeli Pikoli simenze njani. Sesizwile ukuthi umbiko wekomidi ubuthini mayelana nalolu daba. Leli yikomidi elaphakanyiswa yiziNdlu zombili zePhalamende okukhona phakathi kwazo nawo kanye uMkhandlu Kazwelonke Wezifundazwe.

Phela indlovu ihlatshwa ngabantu bonke andukuba iwe. Ngalokhu-ke ngiqonde ukuthi uma udaba lunzima lufuna imiqondo yabantu abaningi. Sonke siyavumelana ukuthi lowo owayenguMqondisi Kazwelonke Wezokushushiswa Komphakathi ungumuntu oqotho. Ungumuntu ofundile kakhulu impela futhi ngisho nomlando wakhe wokuthi wakhulela lapha kuKhongolose wethu uyaziwa. Wabaleka waya ekubhaceni kwamanye amazwe. Walwela inkululeko ngaphansi kophiko loMkhonto weSizwe.

Wathola nethuba lokuzithuthukisa kwezemfundo ephakeme, yingakho namuhla esengu-Advocate. Lokhu phela kusho ukuthi ufunde wagogoda kwezomthetho. Yingakho–ke edelela kanjena nje. Uyeyisa. Ubukela abantu phansi. Uyintendele ibulawa uqondo. Uyazazisa, futhi akabonakali njengomuntu ozisolayo uma ngabe enze amaphutha kepha uyazigqaja.

Baye bathi akulungile ukubhozomela ingakabonakali inhloko nomsila wayo, ngoba ungaze ubambe ufushi! Yingakho-ke ikomidi lahlala izinsuku eziningi lilalele ubufakazi bukaPikoli, kanye nobabanye ababemele uhulumeni. Uma ngilugoqa luba lufushane nje lolu daba, ngithi ubudlelwane phakathi kukaPikoli njengoMqondisi Kazwelonke Wezokushushiswa Komphakathi kanye neHhovisi likaMongameli, okanye nohulumeni nje wonkana, bunjengomshado. Phela umshado uyigugu liyadonsiswana. Lokhu kusho ukuthi uma abantu beganene, bayahlalisana, bazwelane futhi babambisane. Uma kungekho ofuna ukuthobela omunye, lowo muzi uyachitheka okanye lowo mshado uyaphela.

Ukubonisa ukuthi uMmeli uPikoli uligwala, uvese wabalekela emaphephandabeni. Ngifunde k wiphephandaba langempelasonto lapho ebexoxa khona udaba lwakhe. Nalabo-ke oyizwa ngikutshele besebesizakele nabo phela ngoba le ndaba isematheni. Usethathe inkulumompikiswano wayisa kwabezindaba. Ngabe kanti uMnumzane uPikoli lona yena akazi yini ukuthi iningi liyabona ububende na? Isiyamosheka-ke manje le ndaba ngoba kufana nokuthi yena usezizwa ukufuna inalidi otshanini.

Uthi uPikoli uma ekhuluma nalabo abathathela izindaba, intando yeningi lapha eNingizimu Afrika kanye nezomthetho zazisengcupheni. Useyajika yena futhi uthi empeleni akusikhona ukuthi waxoshelwa udaba lokubopha uKhomishana Kazwelonke Wamaphoyisa kepha uxoshelwa udaba lukaMsholozi. Uhlanganisa amanzi nowoyela, lezi zinto-ke azihlangani. Niyazi-ke nani kuyacaca ukuthi akundoda yalutho lena, futhi kuyacaca ukuthi akuphelele kahle nalapha kuye. Ufundile kepha uyisiphukuphu.

Ikomidi lesikhashana ngenkathi limfaka imibuzo ngeqhaza lakhe, nangomsebenzi wakhe njengoMqondisi Kazwelonke Wezokushushiswa Komphakathi, uye wabika imbiba wabika ibuzi, wazenza imbuzi igudla iguma. (Translation of isiZulu paragraphs follows.)

[Ms N F MAZIBUKO: I am also grateful for this opportunity to clarify the reasons which led to the axing of Adv Pikoli, the former National Director of Public Prosecutions, by the President.

Firstly, let me clarify that Dr Ginwala simply made recommendations, and not a ruling, regarding Pikoli’s fate. We all have heard what the committee’s report entailed regarding this matter. This is a committee which was formed by both Houses of Parliament, of which this very National Council of Provinces is part.

As the saying goes, if the elephant has to be killed, it should be pierced by all and sundry, and by this I mean that a complex matter like this one needs to be tackled by a lot of people. At least we all agree that the former National Director of Public Prosecutions is indeed a man of good standing. He is a very learned man and the fact that he was groomed by the African National Congress is well-documented. He went into exile as a freedom fighter under uMkhonto weSizwe.

He was even afforded an opportunity to study at a university, hence he is now an advocate. This means he is well-qualified in the field of law, and this is where his contempt stems from. He is contemptuous. He looks down upon other people. He is a partridge which is full of itself. He is full of himself. He does not look like a person who is remorseful; instead he is full of pride.

Those who are in the know say: Do not trouble trouble until trouble troubles you. And that is the reason why the committee sat for days listening to the statements made by Adv Pikoli and others representing the state. In short, I will say the relationship between Pikoli as the National Director of Public Prosecutions and the Office of the President or the government, was like a marriage. A marriage is a mutual attraction between two individuals. This means that if two people are married, they settle, they feel compassionate about each other, they care for each other and they do things co-operatively. And if both partners do not want to be submissive, that house is doomed, and the marriage would be terminated.

To prove that Adv Pikoli is a coward, he has since run to the press. I read from a weekend newspaper where he was telling his story. The gossipmongers were pleased, because this was a front-page story for them. Adv Pikoli has taken this debate to the media. By the way, does he not know that too many cooks spoil the broth? This matter is now wasted, because it looks like he is now being helped to look for a needle in a haystack.

Adv Pikoli – when he addresses the press - claims that democracy and the criminal justice system in South Africa were at risk. The same Adv Pikoli is now singing a different tune altogether. He claims he was not only fired because he had decided to prosecute the National Police Commissioner, Jackie Selebi, but he was also fired to protect Msholozi from prosecution. He mixes oil and water, and these two do not mix. You can all see that it is clear now that this is a man who is good for nothing and it is also clear that he is yet to mature. He is a learned, yet stupid, man.

When the ad hoc committee interrogated him about his role and functions as the National Director of Public Prosecutions, he beat about the bush, like a goat loitering about with intent.]

Mr A WATSON: Chairperson, only in the speech the hon member referred to Advocate Pikoli as “intendele [a partridge]”; now she says he is stupid. I want you to rule on the parliamentary status of those utterances.

The CHAIRPERSON OF THE NCOP: We will look at the Hansard, and then will rule on that, Mr Watson. I do not know what “intendele” is, I shall have to check on that. Can I ask all the members to debate the report and not to assassinate people’s character? Please, let the debate be confined to the report.

Nk N F MAZIBUKO: Ngibalalele nabo laba abanye bemkhulumela ukuthi uyindoda eqotho, ewaziyo umsebenzi wayo kepha mina ngiyaphika. Ngenkathi ethola umbiko i-Special “Browse Mole” Report, kunokuba akhuze amahlakani akhe wakhetha ukuwubeka lo mbiko, wawufayila, ungathi akaboni ukuthi ufaka izwe enkathazweni. Yilokhu ngesiNgisi sebeshilo ozakwethu ukuthi “matters of national security”.

Enjalo-ke akamhloniphi ngisho noNgqongqoshe Wezobulungiswa. Kuthe uNgqongqoshe kanye noMengameli becela amaviki amabili ukuze bahlele kahle izinto mayelana nalowo ebefuna ukumfaka ozankosi, wanqaba, waze watshela iKhomishana kaGinwala njengoba senizwile ukuthi yena akayigqizi qakala inkulumo kaMengameli.

Niyabona-ke ukuthi uma sithi sikhulumela umuntu onjengalona, sizobe sichitha isikhathi. Malunga, niyabona nani ukuthi sigcina umuntu onjengoMmeli Pikoli ukuze sizifake enkingeni, nokuzithela ihlazo ngoba wenza amaphutha. Ubechazwa ukuthi uhola Ofezela. Ubetonda esithebeni njengengonyama, ezizwa ukuthi unamandla.

Into okufanele uMmeli Pikoli ayazi yikuthi indlu nendlu inomthetho kanti nesintu siyasho sithi,ikhanda elixegayo liyofulela abafazi, ngichaza khona belu ukuthi umthetho wendoda emzini wayo kufanele uthotshelwe. Kanjalo neHhovisi likaMengameli linemithetho yalo . Awumane ubhozomele nje uphethe izincwadi zokusesha uphinde uze nenkampani engahloliwe kahle lokhu okuthiwa yi-vetting. Elinye iphutha uMmeli Pikoli angalibonanga ukuthi ulenzile, elokuthi alande inkampani ekungeyona elungileyo.

Kukho konke lokhu esengikuphawulile, okokuqala nje uMmeli Pikoli akakulungele ukuphatha iHhovisi Likazwelonke Lezokushushiswa Komphakathi ngoba yena ucabanga ukuthi uyashushisa kepha izigebengu zona ukwazi ukuzikhiphela eceleni ezenze ubugebengu obuhleliwe, zonke ziphuma zikhokhe imali zingayanga enkantolo.

Okunye ukuthi uma ethatha izinqumo zokugweba abanye abathile uthatha lokhu okubizwa ngokuthi yi-plea bargaining, kepha kukhona abaningi abadlelwa izimpahla. Ziningi izigebengu ezazidedelwa nguMmeli Pikoli ngenxa yokuthi zona zinemali.

Uma sengiphetha, mangisho ukuthi ikomidi selisithathile isinqumo salo, laqeda ngokuthi uMmeli Pikoli akakufanele ngempela ukulibamba iHhovisi Likazwelonke Lezokushushiswa Komphakathi. Ngalawo mazwi ngiyabonga Sihlalo. (Translation of isiZulu paragraphs follows.)

[Ms N F MAZIBUKO: I also listened to these other members who were arguing that Adv Pikoli is a trustworthy man who knows his job very well, but I beg to differ. When he received the special “Browse Mole” report, instead of disciplining his subordinates, he chose to keep mum and he filed the report as if he was oblivious of the risk he was putting the country in. And this is what my colleagues have, in English, referred to as “matters of national security”.

And he has no respect for the Minister for Justice and Constitutional Development. When the Minister and the President requested two weeks in order to review the matter of the person he wanted to see behind bars, he flatly refused, even telling the Ginwala Commission of Inquiry that he disregards what the President said, as you all have heard.

You can all see that trying to save a person like that is a complete waste of time. Hon members, you can all see that if we keep somebody like Adv Pikoli we will be putting ourselves at risk, and we will embarrass ourselves because he makes blunders. He was proud of the fact that he was the head of the Scorpions. He was proud, like a lion in its den; he knew he had all the power.

Adv Pikoli needs to know that every household has its own rules and there is even an African saying which suggests that where there is lawlessness, turmoil prevails. I am trying to explain, of course, that when you are in Rome, you do as the Romans do. Even the Office of the President has its own rules. You dare not invade this Office with search warrants and at the same time use a company which lacked vetting. Another mistake that Adv Pikoli made, which he did not seem to recognise, was to bring an external service provider which lacked vetting.

I have said that Adv Pikoli is unfit to hold the Office of the National Director of Public Prosecutions. He thinks he is a good prosecutor, yet he fails to prosecute organised crime criminals. They all pay fines and leave without standing trial.

The other thing is that when he makes a decision to prosecute some people, he enters into plea bargaining with them; yet there are other people who have their assets seized. Many criminals were set free by Adv Pikoli, just because they had money.

Let me conclude by saying that the committee has reached its final decision by saying that Adv Pikoli is unfit to hold the Office of the National Director of Public Prosecutions. Hon Chairperson, with those words I thank you.]

Mr A WATSON: Chairperson, I don’t know if something can be done about the interpreting services, because the English is very poor. It breaks down. Difficult words were not interpreted, and I think something should be done about it.

The CHAIRPERSON OF THE NCOP: Is it the sound or the interpreting?

Mr A WATSON: The sound and the interpreting. The interpreter breaks down at crucial points and then resumes again a few sentences later.

The CHAIRPERSON OF THE NCOP: Can the staff attend to the sound, please. I think it is the sound that is problematic.

Mr J J MCGLUWA: Hon Chairperson, history is being made today. I‘ve been sworn in today, it is my President’s birthday and at 5:12 tonight I will have been married for two months. I would like to thank hon Mahlangu, the hon Chief Whip and the staff for their hospitality with the very short introduction today.

Nevertheless, as it has been mentioned that it will be a hello and a goodbye, I would like to say, hon Chairperson, on behalf of the ID, that we do not see the point of spending millions of rand on these types of commissions, when government repeatedly rejects and shows scant regard for their recommendations.

The recommendations by the ad hoc committee remind me of someone who cuts off his nose to spite his face. Just like the findings of the Khampepe Commission and the Van Zyl Slabbert report before it, so have the Ginwala Commission’s recommendations been rejected by the current President and this Parliament. The fact that the President relieved Mr Pikoli of his duties, despite the commission’s finding that he carried out his duties without fear or favour, is totally unacceptable. Saying that Pikoli did not fully understand national security … [Interjections.] … holds no water for the ID. National security is often used by the ANC as a disguise for the protection of its narrow political interests. There is absolutely no proof of any breach of national security by Pikoli. The President talks about national security, but why does the President not take into account the security of our nation, when it is threatened by a ruling party that continuously undermines the integrity of our independent institution? [Interjections.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Is that a question, sir?

Mr D J BOTHA: This is a maiden speech and members want to respect that, but if the member is attacking a political party in that way, then he is diverting from that maiden speech. It is a gentleman’s agreement, Chair.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Order, please! Thank you. You may continue, hon member.

Mr J J MCGLUWA: The way the head of committee … [Interjections.] … his matter was unfair and not objective. The ad hoc committee simply rubberstamped the decision already made at Luthuli House. The fact that Adv Pikoli is taking this issue to court shows that once again, in the instance where the findings of the commissioner are ignored by the executive or Parliament, the courts will be the final adjudicators of the truth. [Interjections.]

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Hon Chief Whip, is that a question?

The CHIEF WHIP OF THE COUNCIL: Yes, Chair. I want to know who wrote his speech, because he was not there. [Laughter.]

Mr J J MCGLUWA: The ID intensely opposes the findings of the ad hoc committee and we, therefore, oppose any action to relieve Mr Pikoli of his duties.

Sifuna uPikoli abuye. [We want Pikoli back.] The ID wants Pikoli back. It is clear that Pikoli had … [Time expired.] [Applause.]

Dr F J VAN HEERDEN: Mev die Voorsitter, die VF Plus verwerp die verslag wat die afdanking van adv Pikoli bevestig. Ek motiveer dit soos volg:

In sy openingsrede het die agb President so onlangs soos 6 Februarie 2009 gesê dat korrupsie uitgeroei moet word. Dit is ’n lofwaardige stelling. In sy kommentaar op die Schabir Shaik-verhoor sê die ANC se president, Mr Zuma, na aanleiding van beweringe van bedrog en omkopery teen hom — onder andere in die wapentransaksie van miljarde rande — dat, sou daar voortgegaan word, en ek haal aan: “I will spill the beans”.

Ek wil terugkom na die President se stelling met betrekking tot korrupsie. Suid-Afrika is ’n ondertekenaar van vele, maar veral twee, internasionale konvensies. Die een is die United Nations Convention Against Corruption, en die ander een is die African Union Convention on Preventing and Combating Corruption.

Adv Pikoli se kop word nou geëis omdat hy, onder andere, pleitooreenkomste aangegaan het met persone wat skynbaar by die Kebble-moord betrakke was. Dit is bekend dat daar ernstige aantygings van omkopery, geldwassery en korrupsie teen Kebble was. Selebi was, volgens sy eie weergawe, ’n baie groot vriend van Kebble. As georganiseerde misdaad ’n bedreiging vir nasionale veiligheid is, is die Kebble-Selebi-broederskap ’n ernstige bedreiging, nie alleen vir Suid-Afrika nie, maar ook vir die wêreld.

Dit is in die eerste plek so, gegewe die internasionale konvensies wat ons onderteken het. In die tweede plek is dit ‘n feit dat Selebi die hoof van Interpol was, waar hy lekkasies veroorsaak het vanaf die Britse na die Suid- Afrikaanse polisie, en hy was beslis ’n bedreiging vir Suid-Afrika se nasionale veiligheid.

Die veldtog teen adv Pikoli strek egter veel wyer. Die ANC se ywer om die Zuma-verhoor te kelder gaan oor veel meer as mnr Zuma; dit gaan oor die ANC. (Translation of Afrikaans paragraphs follows.)

[Dr F J VAN HEERDEN: Madam Chairperson, the FF Plus rejects the report which verifies the dismissal of Adv Pikoli. I motivate this as follows:

In his state of the nation address, as recently as 6 February 2009, the hon President said that corruption must be eradicated. This is a laudable statement. In his comment on the Schabir Shaik trial the President of the ANC, Mr Zuma, said, on account of allegations of fraud and bribery against him – inter alia the arms deal of billions of rand – that if they were to continue and I quote: “I will spill the beans”.

I want to come back to the President’s statement with regard to corruption. South Africa is a signatory to many, but especially two, international conventions. One is the United Nations Convention Against Corruption and the other is the African Union Convention on Preventing and Combating Corruption.

Adv Pikoli is now in the hot seat because he, amongst other things, entered into plea bargains with people who are apparently implicated in the Kebble murder. It is known that there were serious allegations of bribery, money laundering and corruption against Kebble. Selebi was, by his own account, a very good friend of Kebble. If organised crime is a threat to national security, the Kebble-Selebi brotherhood is a serious threat to not only South Africa, but the world at large.

Firstly, the reason for that has to do with the international conventions we have signed. Secondly, the fact is that Selebi was the head of Interpol, where he caused leakages from the British to the South African police, and he was certainly a threat to South Africa’s national security.

The campaign against Adv Pikoli, however, goes much further than that. The ANC’s dedication to sabotage the Zuma trial is about much more than Mr Zuma; it is about the ANC.]

Zuma will spill the beans.

Dis duidelik dat daar groot kannonne in die ANC is, wat eintlik boontjies is. [Tussenwerpsels.] Dit moet gestop word. Dít is die ware rede vir die verwydering van adv Pikoli.

Vervang hom met iemand wat voldoen aan die voorskrifte van die ANC, die “African National Cover-up”; die “African National Corruption”, en daar gaan ons! Ons is heeltemal by met betrekking tot hierdie goed en nou kan ons maar aangaan. In hierdie Suid-Afrika, wat reeds die muishond van die wêreld raak, kan ons nie eens meer na Brittanje reis sonder visums nie. Dit is te wyte aan Adv Pikoli se lekkasies. Dít is die rede. Dit is een van die belangrike redes. Dít is ’n bedreiging vir nasionale veiligheid.

Nog bedreiginge vir nasionale veiligheid is vigs, cholera en die ineenstorting van die plaaslike dienste. Diesulkes is baie groter bedreiginge vir nasionale veiligheid as Adv Pikoli se sogenaamde en beweerde lekkasies. Die FF Plus kan nie hiermee akkoord gaan nie. [Applous.] (Translation of Afrikaans paragraphs follows.)

[It is clear that there are big guns in the ANC, who actually do not measure up to expectations. [Interjections.] This has to be stopped. This is the true reason for the removal of Adv Pikoli.

Replace him with someone who adheres to the guidelines of the ANC, the “African National Cover-up”, the “African National Corruption” and there we go! We are entirely up to date with regard to these issues and now we can continue. South Africans, who already are the black sheep of the world, can’t even travel to England without visas. This is imputable to the leakages by Adv Pikoli. This is one of the most important reasons. It is a threat to national security.

Some other threats to national security are Aids, cholera and the collapse of local services. These are greater threats to national security than the so-called and alleged leakages by Adv Pikoli. The FF Plus cannot go along with this. [Applause.]] Mr R J TAU: Chairperson …

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): Thank you, hon Tau. I must say that my members are misbehaving today.

Mr R J TAU: Chair, that has taken some of my time.

Comrades, the report we are dealing with in the House today points to a very important matter. Before I get to the subject matter, I wish to deal with some misconceptions or myths.

After the National Assembly had debated and adopted the report, very negative publicity was then given, especially by the SABC, who said that after the NA had concluded their debate, the NCOP was merely going to rubberstamp it.

I want to say to the editor-in-chief of the SABC that, from my perspective, I am not, in fact, rubberstamping any decision. In fact, I am participating in a very intelligent debate. I must state that it was quite disappointing for an institution like the SABC — which is expected to protect our Constitution — to flout it, by referring to us, as I have mentioned.

Perhaps it is important to assist or inform those members — especially the DA and other members of the opposition — who deliberately refuse to learn about and understand the issues that are put before the House.

I am going to refer to a very important document, the Cambridge Learner’s Dictionary – with the emphasis on the fact that it is a learner’s dictionary – where a commission is defined as:

A group of people chosen to find out about something and recommend what they think …

Note, I want to underline “think” –

… should happen.

It further goes on to define an enquiry as:

A process of asking questions in order to get information.

Note: Not to decide.

Therefore, it is quite clear that the Ginwala commission was established to look at the matter put before it, and recommend to the President of the Republic what they thought the best solution would be. In essence, the commission was tasked to assist the President to arrive at a conclusion, but not to tell the President what to do.

We find the opposition’s arguments to be extremely selective. They chose certain aspects of the commission’s terms of reference and conveniently ignored a very significant part of the terms of reference, which reads as follows:

… and such matters as may relate to the fitness and propriety of the National Director to hold office.

Having considered the report in its entirety, the President arrived at the conclusion that Adv Pikoli should be relieved of his position as National Director of Public Prosecutions.

One of the key things, related to issues of national security, yet conveniently ignored by the opposition, is the manner in which the “Browse Mole” report was handled. As the chair of the committee mentioned, we will get details about that.

It is important to note that Parliament adopted the report that stemmed from an investigation conducted by the joint security and intelligence committee that was established by Parliament. All political parties agreed to the contents of that report.

It is equally important that we remind ourselves that one of the key and important issues arising from that report is the fact that the DSO is involved in gathering intelligence information. The DSO relied on information pedlars. Such information is then used by the DSO to prosecute South African citizens.

It is perhaps important that we ask ourselves: What are information pedlars and how are they connected to the issue of national security? Information pedlars are dangerous cartels that go around collecting negative information. They play leaders of countries off against each other, they develop conspiracy theories and their targets are always developing countries. South Africa is not immune to that. These cartels gained entry into South Africa through the DSO.

Now, let us look at the kind of information that disinformation pedlars would normally push. It is the kind of information that has caused much instability in many countries, particularly in developing countries. Right now, even as we speak, coups, chaos, riots and instability are rife across the continent of Africa.

Where do these people come from? Where do these things originate? They are a result of these information pedlars who then developed a report that was given to Adv Pikoli. Adv Pikoli saw it as insignificant. A report that had an opportunity to put … in fact, it not only had an opportunity, it actually put our entire security system at risk. There was a possibility that our country’s security system could have imploded. If it had imploded, we would not be sitting where we are today. Perhaps this country would have been involved in a civil war.

One of the key things that the information pedlars have done or used is to collect information alleging that the general-secretaries of Cosatu, Comrade Zwelinzima Vavi, and of the SACP, Comrade Blade Nzimande, are in actual fact working very closely with senior and key African leaders — such as the Libyan president, Comrade Mu’ammar Gaddafi, and Comrade José Eduardo dos Santos — to overthrow the South African government.

Adv Pikoli had that report, and he believed it. That clearly shows that this person is extremely insensitive to matters of national security. He had, in actual fact, hon Watson, not only put you at risk, but your grandchildren too, because they would not have had any future if our country was in the grip of a civil war right now.

It is therefore very important that we ask these kinds of questions. The ANC and the committee asked Adv Pikoli why he, having seen the report, did not discipline Adv McCarthy. We wanted to know who, instead, rewarded Adv McCarthy. This clearly shows that our country, particularly our security system, had been opened up to international undermining. Why was he rewarded? It is a question for members to ask and to give answers to this particular House.

On the issue of vetting, I want to draw the attention of this House to the findings of the ad hoc joint committee report, page eight, point four, which we adopted. It reads as follows, and I quote:

Many DSO officers have no security clearance as required by law. NIA has registered a vetting project for the DSO. In addition, Ivor Powell, and other senior special investigators do not have the necessary security clearance. This is in violation of section 19B of the National Prosecuting Authority Act, which provides for the security screening of special investigators. Ivor Powell’s vetting has been delayed, because the head of the DSO …

McCarthy again –

… has not responded by supplying the information requested by NIA in January 2007.

What a security risk for our country! These are the very same people who went out to investigate and seize very important documents at a very key point of entry into our country, the Union Buildings.

During his presentation, Adv Pikoli, when asked whether he knew that the people who raided the Union Buildings were not vetted, admitted that he was not sure. [Interjections.] What an irresponsible head of the DSO! He had put our country at risk, because he was not sure.

When asked what he did to ensure that those people are vetted, he said that he relied on his divisional directors. Can we entrust such a person with important responsibilities? Therefore, it is important that we must understand this thing in its context and not play to the gallery for the purposes of elections. We should rather understand the reality with which we are faced.

As a committee, on the basis of the above, etc, we had to agree that there was no way that we could have a person such as Adv Pikoli head such an important institution that was created to defend our democracy, our Constitution, our country and our future. Therefore, I put it before this House that the report be adopted, with this recommendation that he must go. [Applause.]

Debate concluded.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): That concludes the debate. I shall now put the question, namely that Adv V Pikoli, who had been removed from office by the President, not be restored to the office of the National Director of Public Prosecutions, and that the report of the ad hoc joint committee be adopted.

As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the House to cast their province’s vote. Are all delegation heads present? In accordance with Rule 71, I shall first allow provinces an opportunity to make their declarations of vote if they so wish.

We shall now proceed to voting on the question, and I shall do this in alphabetical order per province. Delegation heads must please insert their cards before I call the voting in.

Please press button number one to confirm your presence. There should be lights flashing. Are your lights flashing? If not, the Chamber staff will assist you.

Order! We now come to the voting. When I call the name of the province, the delegation head will vote by pressing button number four for those who vote in favour, button number two for those who vote against, and button number three for those who abstain. I now call upon the provinces to cast their votes.

Have all the provinces voted? If any of the members have mistakenly pressed the incorrect button, please press the correct button now. Voting will close. Could the Table staff submit the results?

IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.

Question be agreed to and report accordingly adopted in accordance with section 65 of the Constitution.

                MONEY BILLS AMENDMENT PROCEDURE BILL

            (Consideration of Bill and of Report thereon)

Ms D ROBINSON: Chairperson, and hon members, section 77(3) of the Constitution provides that all money Bills must be considered in accordance with the procedure established by section 75, and further requires an Act of Parliament to provide for a procedure to amend money Bills before Parliament.

The Money Bills Amendment Procedure Bill is a money Bill, since it seeks to establish a procedure to amend such Bills before Parliament, within the context of the oversight findings and the adoption of the fiscal framework. The Bill further seeks to establish a parliamentary budget office to provide research support to Parliament and its committees, in order to maintain oversight of the budget process and the possible amendments to money Bills.

The committee has been briefed about the principles and the provision of the Bills, and has further considered the submissions made. Therefore, the Select Committee on Finance recommended that the Bill be passed with proposed amendments in terms of section 75(1)(a)(ii) of the Constitution. I thank you. [Applause.]

Debate concluded.

Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.

                         CIVIL AVIATION BILL

            (Consideration of Bill and of Report thereon)

Mr R J TAU: Chair, I have been properly canvassed by members here that they have read the report as printed in the ATCs. All I need to do is just to present it for adoption. Thank you very much, Chair.

Debate concluded.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): We now come to the question with respect to the Third Order. I shall now put the question, namely that the Bill be agreed to. In accordance with Rule 63, I shall first allow political parties an opportunity to make their declarations of vote, if they so wish. Any political party? There is none.

We shall now proceed to voting on the question. Before I call the voting, please press button number one to confirm your presence. There should be lights flashing. Are your lights flashing? Those in favour, please press button number four, those against press button number two and those who abstain, press button number three. Have all members voted? If any of the members have mistakenly pressed the incorrect button, please press the correct button now.

Bill agreed to in accordance with section 75 of the Constitution.

              NATIONAL ENVIRONMENT LAWS AMENDMENT BILL

            (Consideration of Bill and of Report thereon)

Rev P MOATSHE: Chairperson and hon members, the National Environment Laws Amendment Bill changes a few clauses, such as those relating to atmospheric pollution, prevention, etc. I therefore put it before this House for adoption.

Debate concluded.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms P M Hollander): I shall now put the question, namely that the Bill be agreed to. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the House to cast their province’s vote. Are all delegation heads present? In accordance with Rule 71, I shall first allow provinces an opportunity to make their declarations of vote, if they so wish.

We shall now proceed to voting on the question, and I shall do this in alphabetical order per province. Delegation heads must please insert their cards.

Before I call the voting, please press button number one to confirm your presence. There should be lights flashing. Are your lights flashing? If not, the Chamber staff will assist you. We now come to the voting. When I call the name of the province, the delegation heads will vote by pressing button number four for those who vote in favour, button number two for those who vote against and button number three for those who abstain.

Have all provinces voted? If any of the members have mistakenly pressed the incorrect button, please press the correct one. Voting will close. Could the Table staff submit the results?

IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Mpumalanga, North West, Western Cape.

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

  NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS AMENDMENT BILL
            (Consideration of Bill and of Report thereon)

Rev P MOATSHE: Chairperson and hon members, the purpose of the National Environmental Management: Protected Areas Amendment Bill is to amend the National Environmental Management: Protected Areas Act of 2003, as summarised below, but I will hint at two or three things.

The Bill seeks to add a schedule detailing areas of national parks currently in the National Environmental Management: Protected Areas Act of 2003.

The Bill also seeks to provide that management of special nature reserves be assigned to any suitable person, organisation or organ of state, but the management of a national park only be assigned to the SA National Parks.

The Bill proposes that any flying corridors over national parks, heritage sites and specific areas need the prior permission of the management authority.

The Bill provides for an appeal to the Minister against a decision of the management authority for dealing with the winding up and dissolution of South African National Parks, and that the South African National Parks manages all existing parks, nature reserves and protected environments that are assigned to them, including enforcement of traffic rules in the parks. I put this before this House for adoption.

Debate concluded.

Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.

                       SECOND-HAND GOODS BILL

          (Consideration of Report of Mediation Committee)

                       SECOND-HAND GOODS BILL

                       (Consideration of Bill)

Kgoshi M L MOKOENA: Chairperson, colleagues, comrades and friends, in the last engagement with this House when tabling this Bill, we reported that the main purpose of the Bill was to regulate the usage of second-hand goods. Having done that, the committee led by yours truly and those dynamic, excellent members, agreed that of the items that have to be regulated, clothing and books will have to be excluded. Our colleagues in the NA refused and said that they cannot accept that, because there are some syndicates who deal with clothing and that needs to be regulated.

But, the excellent, dynamic committee put its foot down and our colleagues in the NA reconsidered and said that the senior House was correct in saying that those items must also be regulated. We only met them half way. We put a value in terms of books; not all books, but books of a certain value had to be regulated.

The National Assembly accepted all 22 amendments by the dynamic committee. That tells you the kind of effort that was put in by the members of this House in all committees.

Therefore, I report to this House that our amendments have been accepted and I am pleased to say: As a House, let us adopt this Bill as amended and reported to you. I submit. [Applause.]

Debate concluded.

The HOUSE CHAIRPERSON (Mr T S Setona): Order! I shall now put the question in respect of the Sixth Order, namely that the report be adopted. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the House to cast their province’s vote. In accordance with Rule 71, I shall first allow provinces an opportunity to make their declarations of vote if they so wish.

We shall now proceed to voting on the question, and I shall do this in alphabetical order per province. Delegation heads must please insert their cards.

Before I call the voting, please press button number one to confirm your presence. There should be lights flashing. If not, the Chamber staff will assist you. We now come to the voting. In case any member has mistakenly pressed the incorrect button, he or she is given an opportunity to press the correct button.

Eight provinces voted in favour. I therefore declare the report agreed to in terms of section 65 of the Constitution.

We will note the abstention of Gauteng province. I just wish to bring to the attention of hon members that delegation heads are delegation heads, unless provinces have changed their delegates, because the people who have pressed buttons here are not delegation heads. That creates problems in terms of counting.

IN FAVOUR: Eastern Cape, Free State, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.

ABSTAIN: Gauteng.

Report of Mediation Committee on Second-Hand Goods Bill accordingly adopted in accordance with section 65 of the Constitution.

The HOUSE CHAIRPERSON (Mr T S Setona): Order! I shall now put the question in respect of the Seventh Order, namely that the Bill be agreed to. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the House to cast their province’s vote. In accordance with Rule 71, I shall first allow provinces an opportunity to make their declarations of vote if they so wish.

We shall now proceed to voting on the question, and I shall do this in alphabetical order per province. Delegation heads must please insert their cards. Before I call the voting, please press button number one to confirm your presence. There should be lights flashing. If not, the Chamber staff will assist you. We now come to the voting. In case there is any member who has mistakenly pressed the incorrect button, he or she is now given an opportunity to press the correct button.

IN FAVOUR: Eastern Cape, Free State, Mpumalanga, North West, Western Cape.

ABSTAIN: Gauteng.

The HOUSE CHAIRPERSON (Mr T S Setona): Hon members, I must mention that one province has officially abstained, namely the Gauteng province, and three provinces voted in favour when their provinces had not sent their final mandates to the office of the Chairperson. Congratulations to Gauteng for being meticulous in terms of the Rules of the House. I must declare that five provinces have voted in favour. I therefore declare the Bill agreed to in terms of section 65 of the Constitution.

Second-Hand Goods Bill accordingly agreed to in accordance with section 65 of the Constitution.

CONSIDERATION OF REPORT OF JOINT MONITORING COMMITTEE ON IMPROVEMENT OF QUALITY OF LIFE AND STATUS OF CHILDREN, YOUTH AND DISABLED PERSONS — AFRICAN YOUTH CHARTER

Mnu D D GAMEDE: Sihlalo, njengezwe laseNingizimu Afrika sisethubeni lokuba yingxenye yokuqopha umlando ngokuvuma futhi seseke uSomqulu waseAfrika Wabasha.

Inhloso namuhla ukuthi kuvunywe ukuthi kusayinwe lo Somqulu yileNdlu. Inhloso yalo Somqulu ukuthi uqinise ukusebenzisana kwezwekazi laseAfrika ngezindaba eziphethwe ngabantu abasha, ukuqikelela ukuthi kuthuthukiswe abantu abasha. Ngakho-ke siyacela ukuthi le Ndlu ngokukhulu ukuzimisela nokumoyizela ukuseke ukusayinwa kwalo Somqulu. Ngiyabonga. (Translation of isiZulu paragraphs follows.)

[Mr D D GAMEDE: Chairperson, as the country of South Africa, we have been afforded an opportunity to be part of history in the making by agreeing to and supporting the National Youth Agency Bill.

Today’s purpose is to vote in favour of the passing of this Bill by this House. The aim of this Bill is to strengthen the working relations in the African continent concerning issues of the youth, as well as catering for the development of the youth. We, therefore, urge this House to take the responsibility and vote in favour of this Charter. Thank you.]

Debate concluded.

The HOUSE CHAIRPERSON (Mr T S Setona): That concludes the debate. I shall now put the question, namely that the report be adopted. As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the House to cast their province’s vote. In accordance with Rule 71, I shall first allow provinces an opportunity to make declarations of vote, if they so wish.

We shall now proceed to voting on the question, and I shall do this in alphabetical order per province.

IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape. Report accordingly adopted in accordance with section 65 of the Constitution.

                      SPECIAL PLENARY ANNOUNCED

The HOUSE CHAIRPERSON (Mr T S Setona): Order! Hon members, I just wish to bring to your attention the following important announcement, which has been undersigned by the Chief Whip, whom I cannot see here.

There will be a special plenary at 14:00 tomorrow. [Interjections.] It is an announcement from the Chief Whip.

The Council adjourned at 15:51. ____

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

                       FRIDAY, 5 DECEMBER 2008

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Assent by President in respect of Bills

   1) Eskom Subordinated Loan Special Appropriation Bill [B 77 – 2008] – Act No 41 of 2008 (assented to and signed by President on 25 November 2008).

   2) Adjustments Appropriation Bill [B 76 – 2008] – Act No 40 of 2008 (assented to and signed by President on 25 November 2008).

   3) Legal Succession to the South African Transport Services Amendment Bill [B 43B – 2008] – Act No 38 of 2008 (assented to and signed by President on 25 November 2008).

   4) Finance Bill [B 78 – 2008] – Act No 42 of 2008 (assented to and signed by President on 25 November 2008).

   5) Diplomatic Immunities and Privileges Amendment Bill [B 55B – 2008] – Act No 35 of 2008 (assented to and signed by President on 25 November 2008).

   6) Higher Education Amendment Bill [B 34 – 2008] – Act No 39 of 2008 (assented to and signed by President on 25 November 2008).

   7) Mineral and Petroleum Resources Royalty (Administration) Bill [B 60 – 2008] – Act No 29 of 2008 (assented to and signed by President on 21 November 2008).

   8) Refugees Amendment Bill [B 11D – 2008] – Act No 33 of 2008 (assented to and signed by President on 21 November 2008). 9) Methodist Church of Southern Africa (Private) Act Repeal Bill [B 68 – 2008] – Act No 45 of 2008 (assented to and signed by President on 3 December 2008).

 10) Dutch Reformed Churches Union Act Repeal Bill [B 69 – 2008] – Act
     No 46 of 2008 (assented to and signed by President on 3 December
     2008).

 11) The Apostolic Faith Mission of South Africa (Private) Act Repeal
     Bill [B 71B – 2008] – Act No 47 of 2008 (assented to and signed by
     President on 3 December 2008).

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

   (a) Multi-Annual Indicative Programme and Country Strategy Paper between the Government of the Republic of South Africa and the European Community for 2007-2013, tabled in terms of section 231(3) of the Constitution, 1996.

   (b) Financing Agreement between the European Community and the Government of the Republic of South Africa concerning Water for Growth and Development Programme (Masimbabane III) (SA/001/07), tabled in terms of section 231(3) of the Constitution, 1996.

   (c) Financing Agreement between the European Community and the Government of the Republic of South Africa concerning “Sustainable Rural Development in the Eastern Cape (SURUDEC)” (SA/005/06 Rev), tabled in terms of section 231(3) of the Constitution, 1996.

   (d) Agreement between the Government of the Republic of South Africa and the Government of the Federal Republic of Germany concerning Technical Cooperation in 2006, tabled in terms of section 231(3) of the Constitution, 1996.

   (e) Protocol between the Government of the People’s Republic of China and the Government of the Republic of South Africa on Economic and Technical Cooperation, tabled in terms of section 231(3) of the Constitution, 1996.

   (f) Agreement between the Government of the Republic of South Africa and the Government of the Federal Republic of Germany concerning Technical Cooperation in 2004, tabled in terms of section 231(3) of the Constitution, 1996.

   (g) Financing Agreement between the European Community and the Government of the Republic of South Africa concerning “Sector Wide Enterprise, Employment and Equity Programme (SWEEEP)” (SA/1006/000), tabled in terms of section 231(3) of the Constitution, 1996.

   (h) Financing Agreement between the European Community and the Government of the Republic of South Africa concerning Innovation for Poverty Alleviation Sector wide budget support to the Department of Science and Technology 2008-2012, tabled in terms of section 231(3) of the Constitution, 1996.

   (i) Financing Agreement between the European Community and the Government of the Republic of South Africa concerning “Expanded Programme of Partnership for the delivery of Primary Health care, HIV and AIDS Services” (SA/003/06 Rev), tabled in terms of section 231(3) of the Constitution, 1996.

   (j) Financing Agreement between the European Community and the Government of the Republic of South Africa concerning Official Development Assistance Programme (ODA-P) (SA/002/06 Rev), tabled in terms of section 231(3) of the Constitution, 1996.

   (k) Financing Agreement between the European Community and the Government of the Republic of South Africa concerning Programme to Support Pro-poor Policy Development in South Africa (PSPPD) (SA/001/06 Rev), tabled in terms of section 231(3) of the Constitution, 1996.

   (l) Financing Agreement between the European Community and the Government of the Republic of South Africa concerning “Expanding and Strengthening Community Based Participation in Local Government (CBP)”, tabled in terms of section 231(3) of the Constitution, 1996.

   (m) Proclamation No R.41 published in Government Gazette No 31512 dated 13 October 2008: Determining a date on which the Diamond Export Levy Act, 2007, will come into operation, in terms of the Diamond Export Levy Act, 2007 (Act No 15 of 2007).

   (n) Proclamation No R.41 published in Government Gazette No 31512 dated 13 October 2008: Determining a date on which the Diamond Export Levy (Administration) Act, 2007, will come into operation, in terms of the Diamond Export Levy (Administration) Act, 2007 (Act No 21 of 2007).

   (o) Government Notice No 1170 published in Government Gazette No 31561 dated 31 October 2008: Commencement dates, in terms of the Financial Services Laws General Amendment Act, 2008 (Act No 22 of 2008).

   (p) Government Notice No 1163 published in Government Gazette No 31554 dated 30 October 2008: Notice in terms of paragraph (b) of the definition of “Living Annuity” in section 1, in terms of the Income Tax Act, 1962 (Act No 58 of 1962).

   (q) Government Notice No 1164 published in Government Gazette No 31554 dated 30 October 2008: Notice in terms of paragraph (c) of the definition of “Living Annuity” in section 1, in terms of the Income Tax Act, 1962 (Act No 58 of 1962).

   (r) Government Notice No 1160 published in Government Gazette No 31548 dated 31 October 2008: Regulations prescribing administrative penalties in respect of non-compliance, in terms of the Income Tax Act, 1962 (Act No 58 of 1962).

   (s) Government Notice No R.1236 published in Government Gazette No 31614 dated 21 November 2008: Regulations to be issued in terms of section 10(1) (d)(iii) and (iv), to prescribe conditions on which the Commissioner may approve on entity for purposes of that section, in terms of the Income Tax Act, 1962 (Act No 58 of 1962).

2. The Minister for Provincial and Local Government a) Report and Financial Statements of the National House of Traditional Leaders (NHTL) for 2007-2008 [RP 206-2008].

3. The Minister of Housing

   (a) Report and Financial Statements of the National Home Builders Registration Council for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.

4. The Minister for Justice and Constitutional Development

   (a) Report of the South African Law Reform Commission for 2007-2008.

5. The Minister of Water Affairs and Forestry

   (a) Report and Financial Statements of Bloem Water for the year ended June 2008, including the Report of the Independent Auditors on the Financial Statements for the year ended June 2008.

   (b) Report and Financial Statements of Overberg Water for the year ended June 2008, including the Report of the Independent Auditors on the Financial Statements for the year ended June 2008.

                      MONDAY, 12 JANUARY 2009
   

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Assent by President in respect of Bills

 (1)    Regulation of Interception of Communications and Provision of
     Communication-related Information Bill [B 9D – 2006] – Act No 48
     of 2008 (assented to and signed by President on 6 January 2009).

(2)    National Environmental Management Amendment Bill [B 36D – 2007]
     – Act No 62 of 2008 (assented to and signed by President on 5
     January 2009).

(3)    Tobacco Products Control Amendment Bill [B 7D – 2008] – Act No
     63 of 2008 (assented to and signed by President on 5 January
     2009).


(4)    South African National Space Agency Bill [B 20B – 2008] – Act No
     36 of 2008 (assented to and signed by President on 11 December
     2008).


(5)    General and Further Education and Training Quality Assurance
     Amendment Bill [B 35D – 2008] – Act No 50 of 2008 (assented to and
     signed by President on 23 December 2008).


(6)    Provision of Land and Assistance Amendment Bill [B 40D – 2008] –
     Act No 58 of 2008 (assented to and signed by President on 6
     January 2009).

(7)    National Radioactive Waste Disposal Institute Bill [B 41D –
     2008] – Act No 53 of 2008 (assented to and signed by President on
     5 January 2009).


(8)    Intellectual Property Rights from Publicly Financed Research and
     Development Bill [B 46D – 2008] – Act No 51 of 2008 (assented to
     and signed by President on 17 December 2008).


(9)    Constitution Fourteenth Amendment Bill [B 62B – 2008] (assented
     to and signed by President on 6 January 2009).

 (10)   Constitution Fifteenth Amendment Bill [B 63B – 2008] (assented
     to and signed by President on 6 January 2009).

(11)   General Laws (Loss of Membership of National Assembly,
     Provincial Legislature or Municipal Council) Amendment Bill [B 64B
     – 2008] – Act No 55 of 2008 (assented to and signed by President
     on 6 January 2009).

 12) Revenue Laws Amendment Bill [B 80 – 2008] – Act No 60 of 2008
     (assented to and signed by President on 5 January 2009).

 13) Revenue Laws Second Amendment Bill [B 81 – 2008] – Act No 61 of
     2008 (assented to and signed by President on 5 January 2009).
 14) National Youth Development Agency Bill [B 82 – 2008] – Act No 54 of
     2008 (assented to and signed by President on 23 December 2008).

1. Establishment of Ad Hoc Joint Committee

DECISION BY THE SPEAKER OF THE NATIONAL ASSEMBLY AND THE CHAIRPERSON OF
THE NATIONAL COUNCIL OF PROVINCES TO ESTABLISH AN AD HOC JOINT
COMMITTEE TO CONSIDER MATTERS IN TERMS OF SECTION 12 OF THE NATIONAL
PROSECUTING AUTHORITY ACT, 1998 (ACT 32 OF 1998)


1.     The Speaker of the National Assembly and the Chairperson of the
     National Council of Provinces, acting jointly after consulting the
     Chief Whip of the Majority Party in the Assembly and the Chief Whip
     of the Council, have decided, in terms of Joint Rule 138, to
     establish an ad hoc joint committee to consider matters in terms of
     section 12 of the National Prosecuting Authority Act, 1998 (Act 32
     of 1998).


    The committee is to consider the President’s decision to remove the
     National Director of Public Prosecutions, Adv V P Pikoli, in terms
     of section 12 of the National Prosecuting Authority Act, 1998 (Act
     32 of 1998), and to recommend to the Houses whether Adv Pikoli
     should be restored to office or not, the committee to report by 9
     February 2009.


2.     The committee may exercise those powers in Joint Rule 32 that
     may assist it in carrying out its task.


3.     The committee is to consist of 13 members of the National
     Assembly (ANC 8; DA 2; IFP 1; other parties 2) and nine members of
     the National Council of Provinces.

National Council of Provinces

The Chairperson

1. Membership of Committees

   1) The following members have been appointed to serve on the Ad Hoc Joint Committee to Consider Matters in terms of Section 12 of National Prosecuting Authority Act:

   Ms B N Dlulane Mr W M Douglas Mr W J le Roux Ms N F Mazibuko Kgoshi M L Mokoena Mr A L Moseki Mr Z C Ntuli Mr R J Tau Dr F J van Heerden

TABLINGS

National Assembly and National Council of Provinces

1. Speaker and Chairperson

Message and requisite supporting documents received from the President
of the Republic in terms of section 12(6)(b) of the National
Prosecuting Authority Act, 1998 (Act 32 of 1998), informing Parliament
of the removal from office of the National Director of Public
Prosecutions with effect from 8 December 2008.


Referred to the Ad Hoc Joint Committee to Consider Matters in terms of
Section 12 of National Prosecuting Authority Act for consideration and
report.

                      TUESDAY, 13 JANUARY 2009

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Draft Bills submitted in terms of Joint Rule 159

(1)    Constitution Sixteenth Amendment Bill, 2009, submitted by the
     Minister for Justice and Constitutional Development.


  Referred to the Portfolio Committee on Justice and Constitutional
     Development and the Select Committee on Security and Constitutional
     Affairs.

(2)    Criminal Law (Forensic Procedures) Amendment Bill, 2009,
     submitted by the Minister for Justice and Constitutional
     Development.
    Referred to the Ad Hoc Committee on Criminal Law (Forensic
     Procedures) Amendment Bill and the Select Committee on Security and
     Constitutional Affairs.

1. Introduction of Bills

 (1)    The Minister for Justice and Constitutional Development


      a) Constitution Sixteenth Amendment Bill [B 1 – 2009] (National
         Assembly – proposed sec 74) [Bill and prior notice of its
         introduction published in Government Gazette No 31692 of 9
         December 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 Bill may be submitted to the JTM within three
         parliamentary working days.


      b) Criminal Law (Forensic Procedures) Amendment Bill [B 2 – 2009]
         (National Assembly – proposed sec 75) [Explanatory summary of
         Bill and prior notice of its introduction published in
         Government Gazette No 31759 of 29 December 2008.]


         Introduction and referral to the Ad Hoc Committee on Criminal
         Law (Forensic Procedure) Amendment Bill 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.


                      TUESDAY, 20 JANUARY 2009

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Draft Bill submitted in terms of Joint Rule 159:

(1)    Cross-boundary Municipalities Laws Repeal and Related Matters
     Amendment Bill, 2009, submitted by the Minister for Provincial and
     Local Government.


    Referred to the Portfolio Committee on Provincial and Local
     Government and the Select Committee on Local Government and
     Administration.


                     WEDNESDAY, 21 JANUARY 2009

TABLINGS National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a)    The Budget and Strategic Plan of the  Auditor-General  of  South
     Africa for 2009-2012 [RP 288-2008].

1. The Minister of Arts and Culture

(a)    Report and Financial Statements of the Robben Island Museum  for
     2007-2008, including the  Report  of  the  Auditor-General  on  the
     Financial Statements and Performance Information for 2007-2008.

1. The Minister of Trade and Industry

(a)    Report of the Consumer Affairs Committee (CAFCOM) for 2007-2008.

1. The Minister of Water Affairs and Forestry

(a)     Report and Financial Statements of Rand Water for the year ended
     June 2008, including the Report of the Independent Auditors on  the
     Financial Statements for the year ended June 2008.

(b)     Report and Financial Statements of Namakwa Water Board for the
     year ended June 2008, including the Report of the Independent
     Auditors on the Financial Statements for the year ended June 2008.


(c)     Report and Financial Statements of Lepelle Northern Water for
     the year ended June 2008, including the Report of the Independent
     Auditors on the Financial Statements for the year ended June 2008.


(d)     Report and Financial Statements of Botshelo Water for the year
     ended June 2008, including the Report of the Independent Auditors
     on the Financial Statements for the year ended June 2008.


(e)     Report and Financial Statements of Sedibeng Water for the year
     ended June 2008, including the Report of the Independent Auditors
     on the Financial Statements for the year ended June 2008.


(f)     Report and Financial Statements of Magalies Water for the year
     ended June 2008, including the Report of the Independent Auditors
     on the Financial Statements for the year ended June 2008.

National Council of Provinces

1. The Chairperson

   (a) The President of the Republic submitted the following letter dated 2 December 2008 to the Chairperson of the National Council of Provinces, informing Members of the Council of the employment of the SA National Defence Force to the Democratic Republic of Congo in fulfillment of the International Obligations of the Republic of South Africa towards the Southern African Development Community:

    EMPLOYMENT OF THE  SOUTH  AFRICAN  NATIONAL  DEFENCE  FORCE  FOR  A
    SERVICE IN FULFILLEMT  OF  THE  INTERNATIONAL  OBLIGATIONS  OF  THE
    REPUBLIC OF SOUTH AFRICA TOWARDS THE SOUTHERN  AFRICAN  DEVELOPMENT
    COMMUNITY
   
   
    This serves to inform the National Council of Provinces that I have
    authorised the employment of the  South  African  National  Defence
    Force (SANDF) personnel to the Democratic Republic of Congo  (DRC),
    for a service in fulfilment of the international obligations of the
    Republic of South Africa towards the Southern  African  Development
    Community  (SADC),  to  assist  with  the  assessment  and   advice
    pertaining to the security situation in the Eastern DRC.
   
   
    This employment is authorised in accordance with the provisions  of
    section 201(2)(c) of the Constitution  of  the  Republic  of  South
    Africa, 1996, read with section 93 of the Defence Act, 2002 (Act No
    42 of 2002).
   
   
    A total of ten (10) SANDF members  will  be  employed  as  soon  as
    possible. The initial deployment will be for a period of two weeks.
    The deployment will be extended on request from the SADC.
   
   
    I will communicate this report to members of the National  Assembly
    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 Council of Provinces.
   
   
    Regards
    signed
    K P MOTLANTHE
   
     Referred to the Select Committee on Security and Constitutional Affairs.
   

   b) Consolidated Annual Report on the Performance of the Northern Cape Municipalities, 2006/2007.

   c) Consolidated Annual Report on the Performance of the Eastern Cape Municipalities, 2005/2006 and 2006/2007.

   d) Consolidated Annual Report on the Performance of the Western Cape Municipalities, 2006/2007.

    Referred to the Select Committee on Local Government and
    Administration for consideration.
   
   
                      THURSDAY, 22 JANUARY 2009
   

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Assent by President in respect of Bills

 (1)    Skills Development Amendment Bill [B 49D – 2008] – Act No 37 of
    2008 (assented to and signed by President on 27 November 2008).

(2)    National Environment Laws Amendment Bill [B 35B – 2007] – Act No
    44 of 2008 (assented to and signed by President on 3 December
    2008).

(3)    Government Employees Pension Fund (Condonation of Interrupted
    Service) Bill [B 79 – 2008] – Act No 43 of 2008 (assented to and
    signed by President on 28 November 2008).

1. Classification of Bills by Joint Tagging Mechanism (JTM)

(1)    The JTM in terms of Joint Rule 160(6) classified the following
     Bill as a section 75 Bill:

     (a)     Criminal Law (Forensic Procedures) Amendment Bill [B 2—
         2009] (National Assembly — sec 75)


 (2)    The JTM in terms of Joint Rule 160(6) classified the following
    Bill as a section 74 Bill:


    (a)      Constitution Sixteenth Amendment Bill [B 1—2009] (National
         Assembly — sec 74).

National Council of Provinces

The Chairperson.

1. Membership of Committees

 (1)    Kgoshi M L Mokoena has been elected as Co-Chairperson of the Ad
     Hoc Joint Committee to Consider Matters in terms of Section 12 of
     National Prosecuting Authority Act with effect from 14 January
     2009.


                       FRIDAY, 23 JANUARY 2009

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

(a)    Government Notice No 1370 published  in  Government  Gazette  No
     31726 dated 15 December 2008: Commencement dates in  terms  of  the
     Insurance Laws Amendment Act, 2008 (Act No 27 of 2008).

(b)    Government Notice No 11 published in Government Gazette No 31772
     dated 9 January 2009: Commencement dates in terms  of  the  Special
     Pensions Amendment Act, 2008 (Act No 13 of 2008).

(c)     Government Notice No 1373 published in Government Gazette No
    31716 dated 19 December 2008: Designation of which the activities
    do not fall within the meaning of “the business of a bank” (“Ithala
    Limited”, a wholly owned subsidiary of Ithaba Development Finance
    Corporation Limited), in terms of the Banks Act, 1990 (Act No 94 of
    1990).


(d)     Government Notice No R.1374 published in Government Gazette No
    31716 dated 19 December 2008: Amendment of Schedule No 3 (No
    3/640), in terms of the Customs and Excise Act, 1990 (Act No 91 of
    1964).


(e)     Government Notice No R.1375 published in Government Gazette No
    31716 dated 19 December 2008: Amendment of Schedule No 1 (No
    1/1/1370), in terms of the Customs and Excise Act, 1990 (Act No 91
    of 1964).


(f)     Government Notice No R.1376 published in Government Gazette No
    31716 dated 19 December 2008: Amendment of Schedule No 1 (No
    1/1/1371), in terms of the Customs and Excise Act, 1990 (Act No 91
    of 1964).


(g)     Government Notice No R.1377 published in Government Gazette No
    31716 dated 19 December 2008: Amendment of Schedule No 4 (No
    4/315), in terms of the Customs and Excise Act, 1990 (Act No 91 of
    1964).


(h)     Government Notice No R.1378 published in Government Gazette No
    31716 dated 19 December 2008: Amendment of Schedule No 5 (No 5/89),
    in terms of the Customs and Excise Act, 1990 (Act No 91 of 1964).

1. The Minister of Environmental Affairs and Tourism

(a)    Government Notice No R.1223 published in Government  Gazette  No
     31601 dated 14 November 2008: Amendment of regulations in terms  of
     the Marine Living Resources Act, 2008 (Act No 18 of 1998).


(b)     Government Notice No 1241 published in Government Gazette No
    31615 dated 21 November 2008: Intention to establish the Vaal
    Triangle Air-Shed Priority Area Air Quality Management Plan, in
    terms of the National Environmental Management: Air Quality Act,
    2004 (Act No 39 of 2004).


(c)     Government Notice No 1242 published in Government Gazette No
    31615 dated 21 November 2008: Regulations: Implementing and
    enforcing the Vaal Triangle Air-Shed Priority Area Air Quality
    Management Plan, in terms of the National Environmental Management:
    Air Quality Act, 2004 (Act No 39 of 2004).


(d)     Government Notice No 1346 published in Government Gazette No
    31694 dated 12 December 2008: Declaration of the Hantam National
    Botanical Garden, in terms of the National Environmental
    Management: Biodiversity Act, 2004 (Act No 10 of 2004).


(e)     Government Notice No 1358 published in Government Gazette No
    31707 dated 12 December 2008: Invitation to comment on the Draft
    Policy for the Allocation and Management of Medium-term Subsistence
    Fishing Rights, in terms of the Marine Living Resources Act, 1998
    (Act No 18 of 1998).


(f)     Government Notice No 1380 published in Government Gazette No
    31715 dated 19 December 2008: Invitation for public comment on
    proposed increases and amendments in levies on fish and fish
    products, in terms of section 29 of the Sea Fishery Act, 1988 (Act
    No 12 of 1988).


(g)     Government Notice No 1381 published in Government Gazette No
    31715 dated 19 December 2008: Invitation for public comment on
    proposed increases in the fees payable in respect of applications
    for and the issuing or granting of rights, permits and licences in
    terms of the Marine Living Resources Act, 1988 (Act No 18 of 1998).

1. The Minister of Trade and Industry

(a)    Government Notice No 1053 published  in  Government  Gazette  No
     31461 dated 3 October 2008:  Standards  matters  in  terms  of  the
     Standards Act, 1993 (Act No 29 of 1993).


(b)    Government Notice No 1082 published  in  Government  Gazette  No
     31485 dated 10 October 2008: Standards  matters  in  terms  of  the
     Standards Act, 1993 (Act No 29 of 1993).


(c)    Government Notice No 1106 published  in  Government  Gazette  No
     31503 dated 17 October  2008:  International  Trade  Administration
     Commission of  South  Africa:  Export  Control,  in  terms  of  the
     International Trade Administration Act, 2002 (Act No 71 of 2002).


(d)    Government Notice No R.1123 published in Government  Gazette  No
     31520 dated 24 October 2008: Proposed amendment of  the  compulsory
     specification for Replacement  Brake  Lining  Assemblies  for  Road
     Vehicles, in terms of the Standards Act, 1993 (Act No 29 of 1993).


(e)    Government Notice No R.1134 published in Government  Gazette  No
     31520 dated 24 October 2008: Proposed introduction of a  compulsory
     specification for Motor Vehicles of Category L,  in  terms  of  the
     Standards Act, 1993 (Act No 29 of 1993).

National Council of Provinces

1. The Chairperson

   NOTICE ISSUED IN TERMS OF SECTION 139(1)(c) OF THE CONSTITUTION, 1996, TO DISSOLVE MNQUMA LOCAL MUNICIPAL COUNCIL.

   Referred to the Select Committee on Local Government and Administration for consideration and report.

                      TUESDAY, 27 JANUARY 2009
   

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Calling of Joint Sitting by President of the Republic:

 “CALLING OF JOINT SITTING OF THE NATIONAL ASSEMBLY AND THE NATIONAL
                        COUNCIL OF PROVINCES



  In terms of section 84(2)(d) of the Constitution of the Republic of
  South Africa, 1996, read with Rule 7(1)(a) of the Joint Rules of
  Parliament, I hereby call a joint sitting of the National Assembly and
  the National Council of Provinces on 06 February 2009 at 11:00, in
  order to deliver my annual address to Parliament.


  With kind regards


  KGALEMA MOTLANTHE” KGALEMA MOTLANTHE

1. Bill to be referred to Mediation Committee

(1)     Bill, as amended by National Council of Provinces, and rejected
    by National Assembly on 27 January 2009, to be referred to
    Mediation Committee in terms of Joint Rule 186(2)(a):


     (a)      Second-Hand Goods Bill [B 2D – 2008] (National Assembly –
         sec 76(1)).

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance (a) Draft Municipal Budget and Reporting Regulations in terms of section 169(2) of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).

2. The Minister of Home Affairs

(a)    Agreement between the Government of the Republic of South Africa
     and the Government of the Kingdom of Lesotho on the Facilitation of
     Cross-Border Movement of Citizens of the Republic of  South  Africa
     and the Kingdom of Lesotho, tabled in terms of  section  231(2)  of
     the Constitution, 1996.


(b)     Explanatory Memorandum to the Agreement between the Government
    of the Republic of South Africa and the Government of the Kingdom
    of Lesotho on the Facilitation of Cross-Border Movement of Citizens
    of the Republic of South Africa and the Kingdom of Lesotho.

1. The Minister of Water Affairs and Forestry

(a)    Report and Financial Statements of Mhlathuze Water for the  year
     ended June 2008, including the Report of the  Independent  Auditors
     on the Financial Statements for the year ended June 2008.

COMMITTEE REPORTS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a)     The Speaker of the National Assembly and the Chairperson of the
     National Council of Provinces, as co-chairpersons of the Joint
     Rules Committee, present the Second Report of the Joint Rules
     Committee for 2008, as follows:

            SECOND REPORT OF JOINT RULES COMMITTEE, 2008

     The Joint Rules Committee, having on 19 March 2008 considered the
     report of the Task Team on Oversight and Accountability in regard
     to the Oversight and Accountability Model and having agreed to the
     model in principle, recommends the model for consideration by the
     Assembly and the Council:

CREDA INSERT - T090127e-insert1 – PAGES 65-111.

     Report to be considered.


     (The report is also available on www.parliament.gov.za)


                     WEDNESDAY, 28 JANUARY 2009

ANNOUNCEMENTS

National Assembly and National Council of Provinces The Speaker and the Chairperson

1. Introduction of Bill

 (1)    The Minister for Provincial and Local Government


     (a)     Cross-boundary Municipalities Laws Repeal and Related
         Matters Amendment Bill [B 3 – 2009] (National Assembly –
         proposed sec 75) [Explanatory summary of Bill and prior notice
         of its introduction published in Government Gazette No 31798
         of 23 January 2009.]


         Introduction and referral to the Portfolio Committee on
         Provincial and Local Government 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.

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

(1)    Bill passed by National Assembly on 28 January 2009:


      a) National Land Transport Bill [B 51D – 2008] (National Assembly
         – sec 76(1)).


      b) Bible Society of South Africa Act Repeal Bill [B 70D – 2008]
         (National Assembly – sec 75).

National Council of Provinces

The Chairperson

1. Membership of Committees


(1)    The following members have been appointed to serve on the
    Mediation Committee in respect of the Second-Hand Goods Bill [B 2D-
    2008]:

     ANC
     Goeieman, Mr M C
     Mack, Mr N
     Mokoena, Kgoshi M L
     Moseki, Mr A L (Alt)
     Mqungquthu, Mr S
     Nyanda, Ms F
     Tsotetsi, Ms D


     DA
     Le Roux, Mr J W


     IFP
     Mchunu, Ms A B E


     UCDP
     Kgarebe, Ms K A


                      THURSDAY, 29 JANUARY 2009

ANNOUNCEMENTS

National Council of Provinces

The Chairperson

1. Membership of Committees

   Note: The following item replaces the item published on page 129 of the Announcements, Tablings and Committee Reports of 28 January 2009:

         1) The following members have been appointed to serve on the
            Mediation Committee in respect of the Second-Hand Goods
            Bill [B 2D- 2008]:
   
            1.    Le Roux, J W           -    Eastern Cape
            2.    Mqungquthu, S    -          Free State
            3.    Tsotetsi, D            -    Gauteng
            4.    Mchunu, A B E    -          KwaZulu-Natal
            5.    Mokoena, K M L   -          Limpopo
            6     Nyanda, F        -     Mpumalanga
            7.    Goeieman, M C    -          Northern Cape
            8.    Kgarebe, K A           -    North West
            9.    Mack, N                -    Western Cape
   
   
            Alternate:
   
   
            Moseki,  A L           -          North West
   
   
                      FRIDAY, 30 JANUARY 2009
   

TABLINGS

National Assembly and National Council of Provinces

1. The Minister for Justice and Constitutional Development

(a)     Draft Rules made in terms of section 7(3) of the Promotion of
    Administrative Justice Act, 2000 (Act No 3 of 2000).

1. The Minister of Home Affairs

(a)     Employment Equity Report of the Department of Home Affairs for
    1 October 2007 to 30 September 2008, in terms of section 22(2) of
    the Employment Equity Act, 1998 (Act No 55 of 1998).

National Council of Provinces

1. The Chairperson

(a)     Statement issued in terms of section 106(3) of the Local
    Government: Municipal Systems Act, 2000 (Act No 32 of 2000), on
    allegations of maladministration, fraud and corrupt practices
    occurring within Mnquma Local Municipality.


    Referred to the Select Committee on Local Government and
    Administration for consideration.


                       MONDAY, 2 FEBRUARY 2009

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Assent by President in respect of Bills

   1) National Prosecuting Authority Amendment Bill [B 23D – 2008] – Act No 56 of 2008 (assented to and signed by President on 27 January 2009).

   2) South African Police Service Amendment Bill [B 30D – 2008] – Act No 57 of 2008 (assented to and signed by President on 27 January 2009).

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

(a)     Report and Financial Statements of the Pension Funds Adjudicator
    for 2007-2008, including the Report of the Auditor-General on the
    Financial Statements for 2007-2008


                      TUESDAY, 3 FEBRUARY 2009

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Membership of Committees

Mr C V Burgess has been appointed chairperson of the Joint Standing Committee on Intelligence in terms of section 2(4) of the Intelligence Services Oversight Act, 1994 (Act No 40 of 1994) with effect from 27 January 2009.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister for Justice and Constitutional Development

   a) Report on Monies in Trust kept in the Guardian’s Fund for 2007- 2008, including the Report of the Auditor-General on Monies in Trust kept in the Guardian’s Fund for 2007-2008 [RP 282-2008].

2. The Minister of Trade and Industry

   a) Report of the National Industrial Participation Programme for 2007- 2008.

                  WEDNESDAY, 4 FEBRUARY 2009
   

COMMITTEE REPORTS

National Council of Provinces

1. Report of the Select Committee on Public Services on the Civil Aviation Bill [B73B – 2008] (National Assembly – sec 75), dated 4 February 2009:

   The Select Committee on  Public  Services,  having  considered  the
   subject of the Civil Aviation Bill [B73B – 2008] (National Assembly
   – sec 75), referred to it  and  classified  by  the  Joint  Tagging
   Mechanism as a Section 75 Bill, reports that it has agreed  to  the
   Bill.
   
   
                     THURSDAY, 5 FEBRUARY 2009
   

ANNOUNCEMENTS

National Council of Provinces

The Chairperson

1. Referral to Committees of papers tabled

 1. The following paper is referred to the Select Committee on Security
    and Constitutional Affairs for consideration and report:


      a) Draft Rules made in terms of section 7(3) of the Promotion  of
         Administrative Justice Act, 2000 (Act No 3 of 2000).

COMMITTEE REPORTS

National Assembly and National Council of Provinces

1. Report of the Joint Monitoring Committee on Improvement of Quality of Life and Status of Children, Youth and Disabled Persons

   Report of the Joint Monitoring Committee on Improvement of Quality of Life and Status of Children, Youth and Disabled Persons on the African Youth Charter dated 04 February 2009:

   The Joint Monitoring Committee on Improvement of Quality of Life and Status of Children, Youth and Disabled Persons, having considered the request for approval by Parliament of the African Youth Charter, referred to it, recommends that the National Assembly and the National Council of Provinces, in terms of section 231(2) of the Constitution, approve the said Charter.

National Council of Provinces

1. Report of the Select Committee on Land and Environmental Affairs on the National Environment Laws Amendment Bill [B66B-2008] (National Assembly – sec 76) dated 3 February 2009:

   The Select Committee on Land and Environmental Affairs, having considered the National Environment Laws Amendment Bill [B66B-2008] (National Assembly – sec 76), referred to it, reports the Bill with amendments [B66C-2008].

2. Report of the Select Committee on Land and Environmental Affairs on the National Environment Management: Protected Areas Amendment Bill [B67B- 2008] (National Assembly – sec 75), dated 3 February 2009:

   The Select Committee on Land and Environmental Affairs, having considered the subject of the Provision of Land and Assistance Amendment Bill [B67B-2008] (National Assembly – sec 75), referred to it, reports the Bill with proposed amendments as follows:

                             CLAUSE 4
   

3. On page 3, in line 25, to omit “2500 feet above its highest point” and to substitute: “[2500 feet above its highest point] such level as may be determined by the Minister, in concurrence with the Cabinet member responsible for Transport, by notice in the Gazette in relation to that special nature reserve, national park or world heritage site or for a specific area therein,”.

   1. On page 3, in line 28, after “authority”, to insert “in concurrence with the South African Civil Aviation Authority,”.

   2. On page 3, in line 28, to omit “provide for flight corridors”, and to substitute “allow or restrict air routes”.

   3. On page 3, in line 31, after “interest”, to insert “or for the execution of the National Airspace Master Plan”.

   4. On page 3, from line 45, to omit “The provision of any flight corridor in paragraph (a) and area in paragraph (c) is”, and to substitute “Paragraph (c) is”. NEW CLAUSE

   5. That the following be a new clause:

    “Transitional provision
   
   
    9. Section 47(3) of the principal Act continues to exist as if that
     subsection has not been amended until such  time  as  the  Minister
     publishes a notice in the Gazette as contemplated therein.”.
   
   
                       MONDAY, 9 FEBRUARY 2009 TABLINGS
   

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a) Report of the 2008 Youth Parliament.

CREDA INSERT REPORT - T090209e – Insert1 – PAGES 263-285

                      TUESDAY, 10 FEBRUARY 2009

ANNOUNCEMENTS

National Council of Provinces

The Chairperson 1. Establishment of Ad Hoc Joint Committee

DECISION BY THE CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES TO
ESTABLISH AN AD HOC JOINT COMMITTEE TO CONSIDER THE APPOINTMENT OF
MEMBERS TO THE NATIONAL YOUTH DEVELOPMENT AGENCY BOARD


1. The Chairperson of the National Council of Provinces, in concurrence
   with a resolution passed by the  National  Assembly  on  5  February
   2009, establishes an ad hoc joint committee in terms of  Joint  Rule
   138(1)(b) to consider, in terms of the  National  Youth  Development
   Agency Act (Act No. 54 of 2008), the appointment of members  to  the
   National Youth Development Agency Board.


2. The Committee to exercise those powers in Joint  Rule  32  that  may
   assist it in carrying out its task.

3. The Committee to consist of 9 Members of  the  National  Council  of
   Provinces as follows:

   Name                            of                             member Province


   Hon. Ms F Mazibuko (Co-Chairperson)              Gauteng
   Hon. Mr D D Gamede                                          KwaZulu-
   Natal
   Hon. Mr D G Mkono                                            Eastern
   Cape
   Hon. Ms H F Matlanyane                                     Limpopo
   Hon.             Ms             M              P              Themba
   Mpumalanga
   Hon.              Mr              R              J               Tau
   Northern Cape


   Hon. Ms J F  Terblanche                                        North
   West
   Hon.                  Mr                  W                  Douglas
   Western Cape
   Hon.             Mr              M              A              Mzizi
   Gauteng


   Alternates:
   Hon. Mr T S Setona                                              Free
   State
   Hon. Mr M C  Goeieman                                       Northern
   Cape
   Hon. Mr M O  Robertsen                                       Eastern
   Cape


4. The Committee to report by 19 February 2009.


  CHAIRPERSON
NATIONAL COUNCIL OF PROVINCES
Date: 10 February 2009

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a)    Submission by the Minister of Justice and Constitutional
    Development of notices in terms of section 31 of the Regulation of
    Interception of Communications and Provision of Communication-
    related Information Act, 2002 (Act No 70 of 2002).


(b)     General Report of the Auditor-General on the Audit Outcomes of
    Local Government for 2006-2007 [RP 5-2009].

1. The Minister of Environmental Affairs and Tourism

 a) Government Notice No 71 published in Government Gazette No 31832
    dated 30 January 2009: Proclamation of the Cape Floral Region
    Protected Areas as a world heritage site and delegation by the
    Minister of certain powers and duties to the Director-General of
    the Department of Environmental Affairs and Tourism, in terms of
    the World Heritage Convention Act, 1999 (Act No 49 of 1999).

(b)     Government Notice No 72 published in Government Gazette No
    31832 dated 30 January 2009: Proclamation of Mapungubwe Cultural
    Landscape as a world heritage site and delegation by the Minister
    of certain powers and duties to the South African National Parks
    (SANParks), in terms of the World Heritage Convention Act, 1999
    (Act No 49 of 1999).

COMMITTEE REPORTS

National Assembly and National Council of Provinces

1. Report of the Mediation Committee on the Second-Hand Goods Bill [B2B and B2D – 2008] (sec 76), dated 9 February 2009:

   The Mediation Committee, having considered the Second-Hand Goods Bill [B 2B and B 2D – 2008] (sec 76), as well as the papers referred to it, reports that it has agreed to a new version of the Bill [B 2F – 2008].

                  WEDNESDAY, 11 FEBRUARY 2009
   

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Assent by President in respect of Bills

(1)    National Environmental Management: Integrated Coastal Management
    Bill [B 40D – 2007] – Act No 24 of 2008 (assented to and signed by
    President on 9 February 2009).

1. Classification of Bills by Joint Tagging Mechanism (JTM)

(1)    The JTM in terms of Joint Rule 160(6) classified the following
     Bill as a section 75 Bill:

      a) Cross-boundary Municipalities Laws Repeal and Related Matters
         Amendment Bill [B 3 – 2009] (National Assembly – sec 75)

1. Draft Bills submitted in terms of Joint Rule 159

   1) Division of Revenue Bill, 2009, submitted by the Minister of Finance. Referred to the Portfolio Committee on Finance and the Select Committee on Finance.

2. Introduction of Bills

 1.     The Minister of Finance

     (a)      Division of Revenue Bill [B 4 – 2009] (National Assembly –
     proposed sec 76)


     (b)     Appropriation Bill [B 5 – 2009] (National Assembly –
          proposed sec 77)


     (c)      Western Cape Inherited Debt Relief Bill [B 6 – 2009]
         (National Assembly – proposed sec 77)

         Introduction and referral to the Portfolio Committee on
         Finance of the National Assembly for consideration and report,
         and to the Joint Budget Committee to consider in terms of its
         mandate, 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.

National Council of Provinces

The Chairperson

1. Membership of Committees

   a) Hon. Dr F J van Heerden (Free State Province) has been appointed to serve on the Ad Hoc Joint Committee for the appointment of members to the National Youth Development Agency Board.

   b) Hon. Mr M A Mzizi will serve as an alternate on the Committee.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

   a) The Budget Speech of the Minister of Finance – 11 February 2009 [RP 03-2009].

   b) Estimates of National Revenue for 2009 [RP 04-2009].

   c) Budget Review 2009 [RP 02-2009], including:

    • Taxation proposals in respect of customs and excise duties.
   

   d) Division of Revenue Bill [B 4 - 2009], tabled in terms of section 10(1) of the Intergovernmental Fiscal Relations Act, 1997 (Act No 97 of 1997).

   e) Appropriation Bill [B 5 - 2009].

   f) Western Cape Inherited Debt Relief Bill [B 6 - 2009]

   g) Estimates of National Expenditure 2009 [RP 01-2009], which includes:

   1. Memorandum on Vote No 1 - "The Presidency", Main Estimates,
      2009-2010;
   
   
   2. Memorandum on Vote No 2 - "Parliament", Main Estimates, 2009-
      2010;
   
   
   3. Memorandum on Vote No 3 - "Foreign Affairs", Main Estimates,
      2009-2010;
   
   
   4. Memorandum on Vote No 4 - "Home Affairs", Main Estimates, 2009-
      2010;
   
   
   5. Memorandum on Vote No 5 - "Public Works", Main Estimates, 2009-
      2010;
   
   
   6. Memorandum on Vote No 6 - "Government Communications and
      Information System", Main Estimates, 2009-2010;
   
   
   7. Memorandum on Vote No 7 - "National Treasury", Main Estimates,
      2009-2010;
   

   1. Memorandum on Vote No 8 - “Public Administration Leadership and Management Academy”, Main Estimates, 2009-2010;

   2. Memorandum on Vote No 9 - “Public Service and Administration”, Main Estimates, 2009-2010;

   3. Memorandum on Vote No 10 - “Public Service Commission”, Main Estimates, 2009-2010;

   4. Memorandum on Vote No 11 - “Statistics South Africa”, Main Estimates, 2009-2010;

   5. Memorandum on Vote No 12 - “Arts and Culture”, Main Estimates, 2009-2010;

   6. Memorandum on Vote No 13 - “Education”, Main Estimates, 2009-2010;

   7. Memorandum on Vote No 14 - “Health”, Main Estimates, 2009- 2010;

   8. Memorandum on Vote No 15 - “Labour”, Main Estimates, 2009- 2010;

   9. Memorandum on Vote No 16 - “Social Development”, Main Estimates, 2009-2010;

   10. Memorandum on Vote No 17 - “Sport and Recreation South Africa”, Main Estimates, 2009-2010;

   11. Memorandum on Vote No 18 - “Correctional Services”, Main Estimates, 2009-2010;

   12. Memorandum on Vote No 19 - “Defence”, Main Estimates, 2009- 2010;

   13. Memorandum on Vote No 20 - “Independent Complaints Directorate”, Main Estimates, 2009-2010;

   14. Memorandum on Vote No 21 - “Justice and Constitutional Development”, Main Estimates, 2009-2010;

   15. Memorandum on Vote No 22 - “Safety and Security”, Main Estimates, 2009-2010;

   16. Memorandum on Vote No 23 - “Agriculture”, Main Estimates, 2009-2010;

   17. Memorandum on Vote No 24 - “Communications”, Main Estimates, 2009-2010;

   18. Memorandum on Vote No 25 - “Environmental Affairs and Tourism”, Main Estimates, 2009-2010;

   19. Memorandum on Vote No 26 - “Housing”, Main Estimates, 2009- 2010;

   20. Memorandum on Vote No 27 - “Land Affairs”, Main Estimates, 2009-2010;

   21. Memorandum on Vote No 28 - “Minerals and Energy”, Main Estimates, 2009-2010;

   22. Memorandum on Vote No 29 - “Provincial and Local Government”, Main Estimates, 2009-2010;

   23. Memorandum on Vote No 30 - “Public Enterprises”, Main Estimates, 2009-2010;

   24. Memorandum on Vote No 31 - “Science and Technology”, Main Estimates, 2009-2010;

   25. Memorandum on Vote No 32 - “Trade and Industry”, Main Estimates, 2009-2010;

   26. Memorandum on Vote No 33 - “Transport”, Main Estimates, 2009-2010;

   27. Memorandum on Vote No 34 - “Water Affairs and Forestry”, Main Estimates, 2009-2010.

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

COMMITTEE REPORTS

National Assembly and National Council of Provinces

CREDA INSERT REPORT - T090211e-insert1 – PAGES 305-318

National Council of Provinces

1. Report of the Select Committee on the Financial Management of Parliament Bill [B74 – 2008] (National Assembly – section 76(1)): The Select Committee on Finance, having considered the above-mentioned Bill, referred to it and classified by the JTM, reports that it has agreed to the Financial Management of Parliament Bill (National Assembly - section 76(1)) with amendments [B74A – 2008].

                  THURSDAY, 12 FEBRUARY 2009
   

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Classification of Bills by Joint Tagging Mechanism (JTM)

   1) The JTM in terms of Joint Rule 160(6) classified the following Bill as a section 76 Bill:

   a) Division of Revenue Bill [B 4 – 2009] (National Assembly – sec
      76)
   

2. Translations of Bills submitted

 (1)    The Minister of Minerals and Energy


     (a)      Molaokakanywa-Phetošwa Wa Tšweletšopele Ya Methopo Ya
         Dimierale Le Petroleamo [B 10F – 2007] (National Assembly –
         sec 75)


     This is the official translation into Sepedi of the Mineral and
     Petroleum Resources Development Amendment Bill [B 10F – 2007]
     (National Assembly – sec 75).

National Council of Provinces

The Chairperson

1. Referral to Committees of papers tabled

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


    (a) Agreement between the Government of the Republic of South Africa
       and the Government of the Kingdom of Lesotho on the Facilitation
       of Cross-Border Movement of Citizens of the Republic of South
       Africa and the Kingdom of Lesotho, tabled in terms of section
       231(2) of the Constitution, 1996.


    (b) Explanatory Memorandum to the Agreement between the Government
       of the Republic of South Africa and the Government of the
       Kingdom of Lesotho on the Facilitation of Cross-Border Movement
       of Citizens of the Republic of South Africa and the Kingdom of
       Lesotho.

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a)     National General Report of the Auditor-General on the Audit
    Outcomes of Departments, Constitutional Institutions, Public
    Entities and other entities for 2007-2008 [RP 6-2009].

COMMITTEE REPORTS

National Assembly and National Council of Provinces

Report of the Joint Standing Committee on Defence on the employment of the South African Defence Force (SANDF) to the Democratic Republic of Congo (DRC) and within the Republic of South Africa, dated 11 February 2008:

The Joint Standing Committee on Defence, having considered the letters
from the President on the employment of the South African National
Defence Force (SANDF) to the Democratic Republic of Congo (DRC) for a
service in fulfilment of international obligations of the Republic of
South Africa towards the Southern African Development Community (SADC),
and employment of SANDF for a service in co-operation with the South
African Police Service (SAPS) in prevention and combating of crime
within the Republic of South Africa during the FIFA Confederation  Cup
draw, reports that it has concluded its deliberations thereon.

National Council of Provinces

1. Report of the Select Committee on Finance on the Money Bills Amendment Procedure and Related Matters Bill [B 75B—2008] (National Assembly – section 75), dated 10 February 2009:

The Select Committee on Finance, having considered the Money Bills
Amendment Procedure and Related Matters Bill [B 75B—2008] (National
Assembly – sec 75), referred to it and classified by the JTM as a
section 75 Bill, reports that it has agreed to the Bill with proposed
amendments:

                             Long title
 1. On page 2, in the long title, after “Parliament” to insert “and for
    norms and standards for amending money Bills before provincial
    legislatures”.


                              Clause 4
1.     On page 4, in line 18, after “amendments to“, to omit “the
    Division of Revenue Bill,”.

                              Clause 8
 1. On page 6, in line 26, after “within” to omit “16” and to substitute
    “30”.

1. On page 6, in line 49, after “at least” to omit “two” and to substitute “seven”.

2. On page 6, in line 55, after “within” to omit “16” and to substitute “30”.

                           Clause 9
   

 1. On page 7, from line 6, to omit the whole of clause 9.


                              Clause 12    1. On page 9, in line 46, after “at least” to omit “2” and to substitute
  “seven”.

1. On page 9, in line 54, after “at least” to omit “4” and to substitute “seven”.

 3. On page 10, in line 14, after “at least” to omit “4” and to
    substitute “seven”.


                              Clause 15

  1. On page 10, from line 44, to omit “There is hereby established a
     Parliamentary Budget Office”, and to substitute “The Secretary to
     Parliament must establish a budget office within the administration
     for Parliament”.    2. On page 10, in line 45, after “provide” to omit “independent,”.

1. On page 11, from line 10, to omit subclauses (3) – (16).

                          New clause
   

2. On page 11, after clause 15, to insert the following new clause:

   “Norms and standards for provincial legislatures

      16. Provincial legislatures must adhere to the norms and
         standards for amending money Bills set out in the Schedule.
   
                         New Schedule
   1.     To insert the following schedule after clause 16:
   
   
                           “Schedule
   

   Norms and standards for provincial legislatures

   Legislation enacted by a provincial legislature to provide for a procedure to amend money Bills must provide that the purpose of amending money Bills is to give effect to resolutions of the legislature on oversight, and must comply with the following principles:

 a) A money Bill sent to the Premier for assent must be consistent
    with:
         i) the relevant fiscal framework adopted by Parliament; and
        ii) the relevant Division of Revenue Bill adopted by Parliament.


      b) When considering an amendment a provincial legislature or any
         of its committees must ensure that there is:
         iii) an appropriate balance between revenue, expenditure and
              borrowing;
          iv) ensure that debt levels and debt interest cost are
              reasonable;
           v) ensure that the cost of recurrent spending is not deferred
              to future generations;
          vi) ensure that there is adequate provision for spending on
              infrastructure
         vii) development, overall capital spending and maintenance;
        viii) consider the short, medium and long term implications of
              the fiscal framework, division of revenue and national
              budget on the long-term growth potential of the economy
              and the development of the country;
          ix) take into account cyclical factors that may impact on the
              prevailing fiscal position; and
           x) take into account all public revenue and expenditure,
              including extra budgetary funds, and contingent
              liabilities.


      c) In amending revenue Bills and revenue proposals a provincial
         legislature and its committees must:
           i) ensure that the total amount of revenue raised is
              consistent with the fiscal framework approved by
              Parliament and the relevant Division of Revenue Bill
              adopted by Parliament;
          ii) take into account the principles of equity, efficiency,
              certainty and ease of collection;
         iii) consider the impact of the proposed change on the
              composition of tax revenue with reference to the balance
              between direct and indirect taxes;
          iv) consider regional and international tax trends; and
           v) consider the impact on development, investment, employment
              and economic growth.


      d) The standing rules of the provincial legislature must provide
         for timeframes to introduce and consider money Bills, with or
         without amendments, with due regard to
           i) its constitutional obligation to facilitate public
              involvement in its legislative and other processes of the
              legislature and its committees; and
          ii) comments from the member of the Executive Council who is
              responsible for financial matters in the province.


      e) The report of a committee of the provincial legislature that
         proposes amendments to the provincial annual budget must, in
         respect of each amendment:
           i) indicate the reason for such proposed amendment;
          ii) demonstrate how the amendment takes into account the broad
              strategic priorities and allocations of the relevant
              budget;
         iii) demonstrate the implications of each proposed amendment
              for an affected vote and the main divisions within that
              vote;
          iv) demonstrate the impact of any proposed amendment on the
              balance between transfer payments, capital and recurrent
              spending in an affected vote;
           v) set out the impact of any proposed amendment on service
              delivery;
          vi) set out the manner in which the amendment relates to
              prevailing departmental strategic plans, reports of the
              Auditor General, committee reports adopted by the
              provincial legislature, reports in terms of section 32(2)
              of the Public Finance Management Act, annual reports and
              any other information submitted to the provincial
              legislature or committee in terms of the standing rules or
              on request; and
         vii) include any responses from the member of the Executive
              Council who is responsible for financial matters in the
              province or any other member of the Executive Council.


      f) The report of a committee of the provincial legislature that
         proposes a conditional appropriation of a sub-division of a
         main division within a vote to ensure that the money requested
         for the main division will be spent effectively, efficiently
         and economically must:
           i) consider comments from the member of the Executive Council
              who is responsible for financial matters in the province
              or any other member of the Executive Council; and
          ii) specify the conditions that need to be met before the a
              provincial legislature may resolve to release the funds.


      g) A provincial legislature may appropriate an amount
         specifically and exclusively for a purpose mentioned under a
         main division within a vote.


      h) A provincial legislature must pass, with or without
         amendments, or reject the provincial annual budget within four
         months after the start of the financial year to which it
         relates.

      i) Notwithstanding any provision in this legislation, a
         provincial legislature or a committee may consider an
         amendment to a money Bill proposed by the member of the
         Executive Council who is responsible for financial matters in
         the province in order to make technical corrections to the
         Bill.”


            MEMORANDUM ON THE OBJECTS OF THE MONEY BILLS
         AMENDMENT PROCEDURE AND RELATED MATTERS BILL, 2008


  1. On page 12, at “2. OBJECTS OF THE BILL”, after the last sentence to
     insert “The Bill requires that legislation enacted by a provincial
     legislature to provide for a procedure to amend money Bills must
     comply with norms and standards set out in the Schedule.”

1. On page 12, at “3. CONTENT OF THE BILL”, to omit item 3.9.

   1. On page 13, at “3. CONTENT OF THE BILL”, after item 3.15, to insert the following new item: “Clause 16 provides that provincial legislatures must adhere to the norms and standards for amending money Bills set out in the Schedule.”

   2. On page 13, at “3. CONTENT OF THE BILL”, after item 3.16, to insert the following new item: “The Schedule provides that the legislation of a provincial legislature which provides for a procedure to amend money Bills must provide that the purpose of amending money Bills is to give effect to resolutions of the legislature on oversight, and must comply with the same principles found in the provisions of the Bill.”

   3. On page 13, at “6. FINANCIAL IMPLICATIONS FOR THE STATE”, after “budget of Parliament.” to omit the following:

      “Although the salary and allowance of the Director is linked to the senior management level in the public service, and as such can be estimated accordingly, costs of other personnel and incidental costs such as information systems and consultancy fees depend on the range of functions required from the Office from year to year.”

                   FRIDAY, 13 FEBRUARY 2009
      

ANNOUNCEMENTS

National Council of Provinces The Chairperson

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

(1)    Bill passed by National Assembly and transmitted for concurrence
     on 13 February 2009:


     (a)      Division of Revenue Bill [B 4 – 2009] (National Assembly –
         sec 76(1)).
         The Bill has been referred to the Select Committee on Finance
         of the National Council of Provinces.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Environmental Affairs and Tourism

(a)     Notice No 22 published in Government Gazette No 31789 dated 9
    January 2009: National Environmental Management Act, 2008 (Act No
    62 of 2008).

National Council of Provinces

1. The Minister of Environmental Affairs and Tourism

   (a) Exclusions from coastal public property in terms of section 27(4) of the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No 24 of 2008).

    Referred to the Select Committee on Land and Environmental for
    consideration and
   
   
                     MONDAY, 16 FEBRUARY 2009
   

TABLINGS

National Assembly and National Council of Provinces

1. The Minister for Justice and Constitutional Development

(a)     Revised Draft Rules made in terms of section 7(3) of the
    Promotion of Administrative Justice Act, 2000 (Act No 3 of 2000).
    (Please Note that the rules tabled on 30 January 2009 have been
    withdrawn)

    Referred to the Portfolio Committee on Justice and Constitutional
    Development and the Select Committee on Security and Constitutional
    Affairs for consideration and report.


                      TUESDAY, 17 FEBRUARY 2009

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Classification of Bills by Joint Tagging Mechanism (JTM)

(1)     The JTM in terms of Joint Rule 160(6) classified the following
    Bills as section 77 Bills:


    (a)      Appropriation Bill [B 5 – 2009] (National Assembly – sec
         77)
      b) Western Cape Inherited Debt Relief Bill [B 6 – 2009] (National
         Assembly – sec 77)

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

(1)    Bill passed by National Assembly on 17 February 2009:


     (a)      Broadcasting Amendment Bill [B 72D – 2008] (National
     Assembly – sec 75).

(2)    Bills passed by National Council of Provinces on 17 February
     2009:


      a) Second-Hand Goods Bill [B 2F – 2008] (National Assembly – sec
         76(1)).


      b) Civil Aviation Bill [B 73B – 2008] (National Assembly – sec
         75).

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a)     Submission of the Financial and Fiscal Commission on the
    Division of Revenue Bill for 2009-2010, tabled on 11 February 2009
    in terms of section 9(1) of the Intergovernmental Fiscal Relations
    Act, 1997 (Act No 97 of 1997).

1. The Minister of Environmental Affairs and Tourism a) Government Notice No 27 published in Government Gazette No 31775 dated 16 January 2009: Draft Regulations for the proper administration of the Knysna Protected Environment, in terms of the National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003).

National Council of Provinces

1. The Chairperson

   (a) Correspondence from Mr Q M Mahlinza of King Williams Town in the Eastern Cape Province.

    Referred to the Select Committee on Members’ Legislative Proposals.
   

COMMITTEE REPORTS

National Council of Provinces

1. Report of the Select Committee on Security and Constitutional Affairs on the Revised Draft Rules of Procedure for Judicial Review of Administrative Action in terms of section 7(3) of the Promotion of Administration of Justice Act (Act No 3 of 2000), dated 17 February 2009:

   The Select Committee on Security and Constitutional Affairs, having considered the Revised Draft Rules of Procedure for Judicial Review of Administrative Action in terms of section 7(3) of the Promotion of Administration of Justice Act (Act No 3 of 2000), recommends the Revised Draft Rules to the National Council of Provinces for approval.

   The Committee, however, wishes to make the following additional comments:

   1. The finalization of these Rules is long overdue. The Committee would like to thank the Minister of Justice and Constitutional Development for the very constructive role he has played in ensuring a resolution to the problems that caused the delays. The Committee would similarly like to thank the Rules Board for its cooperation in this regard.

   2. The Procedures to be followed for the Judicial Review of Administrative Action generated much debate. As this is the first time that Rules of this nature are being adopted, the Committee believes that their implementation should be monitored and evaluated. Should the process of the judicial review of administrative action not be running as expected, either by making it too difficult for the less advantaged members of society to make use of review proceedings or by being too burdensome on the state, the Rules would need to be amended. The Committee, therefore, requests that the Minister reviews the implementation of these Rules within 24 months of their approval by Parliament and reports back to the National Council of Provinces on their implementation and any amendments that may be necessary.

   3. As the Rules are somewhat complex, the Committee recommends that the Department ensures that mechanisms are put in place to assist members of the public in making use of them. These mechanisms could include the training of Community Development Workers and even Parliamentary Constituency office administrators to provide assistance.

   Report to be considered.
   

2. Report of the Select Committee on Security and Constitutional Affairs on the Reform of Customary Law of Succession and Regulation of Related Matters Bill [B 10B-2008 - sec 76], dated 17 February 2008.

   The Select Committee on Security and Constitutional Affairs, having considered the Reform of Customary Law of Succession and Regulation of Related Matters Bill [B 10B-2008 – sec 76] referred to it, reports the Bill with amendments [B10C – 2008].