TUESDAY, 25 AUGUST 2009 __

          PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
                                ____

The Council met at 14:03.

The Deputy Chairperson (Ms T C Memela) took the Chair and requested members to observe a moment of silence for prayers or meditation.

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

CONGRATULATIONS TO MOKGADI CASTER SEMENYA AND CONDEMNATION OF HER TREATMENT BY IAAF

                         (Draft Resolution)

The CHAIRPERSON OF THE NCOP: Deputy Chairperson, I move without notice:

That the Council -

 1) takes this opportunity to congratulate Mokgadi Caster Semenya on
    winning gold in the women’s 800m race at the International
    Association of Athletics Federations, IAAF, championships in
    Berlin, Germany, on 19 August 2009;


  2) however, notes that despite her heroic achievements, Caster was
     humiliated by some sections of the media and the IAAF by the
     questioning of her gender;


  3) condemns the treatment of Caster Semenya and the handling of the
     whole saga by the IAAF in particular, which actually amounts to
     gender discrimination;


  4) calls upon the IAAF to apologise to Caster and South Africa for
     having implied that South Africans can only conquer the world by
     cheating;

  5) reiterates our stance that as a country we will not tolerate any
     discrimination against any person, given our experience of racial
     and gender discrimination; and


  6) commends Caster’s tenacity and zeal and assures her of its unending
     support throughout her career and as ambassador for South Africa.

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

 BY-ELECTIONS HELD IN KWAZULU-NATAL, NORTHERN CAPE AND WESTERN CAPE
                         (Draft Resolution)

Mr M P JACOBS: Deputy Chairperson, I move without notice:

That the Council -

 1) notes that in the recent by-elections that were contested in wards
    covering KwaZulu-Natal, the Northern Cape and the Western Cape, the
    African National Congress gained ground in KwaZulu-Natal, where it
    won Ladysmith from the Inkatha Freedom Party and retained Pofadder
    in the Northern Cape with an overwhelming majority; and


 2) takes this opportunity to thank the various communities for ensuring
    that we consolidate our agenda for better service delivery and
    reaffirms our call to ensure vibrant and effective local government
    by taking part in elections whenever the opportunity arises.

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

                           TYPHOON MORAKOT

                         (Draft Resolution)

Ms S S CHEN: Deputy Chairperson, I move without notice: That the Council –

  1) notes that the August Typhoon Morakot had a serious impact on the
     Philippines, China and Taiwan, my home country, where the typhoon
     caused record-breaking rains and flooded almost the entire southern
     region of Taiwan, including part of Taitung County;


  2) further notes that due to massive mudslides caused by Typhoon
     Morakot, villages were destroyed, blocked or washed away and
     thousands of residents were trapped for up to four days without any
     food or running water;


  3) recognises that Typhoon Morakot, which has left Taiwan devastated
     with grief, shock and physical injuries, was indeed one of the
     worst tragedies of the world this year;


  4) acknowledges the strength, perseverance and determination of the
     people of Taiwan to stand up and rebuild their lives and their
     country; and


  5) conveys its deepest condolences to the people of Taiwan, who lost
     loved ones, their homes and their belongings, and keeps them in our
     thoughts and prayers.

Motion agreed to in accordance with section 65 of the Constitution. KILLING OF SCHOOL PRINCIPAL IN NEW CROSSROADS IN CAPE TOWN

                         (Draft Resolution)

Ms B P MABE: Deputy Chairperson, I move without notice:

That the Council -

  1) notes with profound sadness the killing of a school principal in
     New Crossroads in Cape Town yesterday afternoon;


  2) further notes that the principal of Sithembele Matiso Secondary,
     Mrs Nomzoxolo Dziba, was killed inside her office in broad
     daylight, as teachers walked down the corridor; and


  3) takes this opportunity to condemn in the strongest possible terms
     this savage act of brutality and viciousness by people who have no
     regard for the law and calls on the SAPS and anyone with
     information to ensure that the perpetrators are brought to book.

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

CONGRATULATIONS TO CHAIRPERSON OF THE NCOP ON HIS ELECTION AS PRESIDENT OF THE CPA AFRICA REGION

                         (Draft Resolution)

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

That the Council congratulates the Chairperson of the NCOP, the hon M J Mahlangu on his election as the President of the CPA Africa Region in Port Harcourt, Rivers State in Nigeria.

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

 FEMALE JOHANNESBURG METRO POLICE OFFICER ASSAULTED BY OFF-DUTY MALE
                 SUPERINTENDENT OF SA POLICE SERVICE

                         (Draft Resolution)

Mr T M H MOFOKENG: Deputy Chairperson, I move without notice:

That the Council -

  1) notes recent reports of an off-duty male superintendent of the
     South African Police Service who assaulted a female Johannesburg
     Metro Police Officer for issuing a fine to his daughter who ignored
     a stop sign;


  2) condemns in the strongest possible terms the assault during Women’s
     Month when our nation highlights the scourge of gender-based
     violence and discrimination that women continue to face in their
     homes, communities and workplaces; and


  3) calls on the justice sector to ensure that this case receives
     priority and on the SAPS to ensure that disciplinary processes are
     instituted against the superintendent.

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

      PARTICIPATION OF POLITICAL PARTIES IN ELECTORAL PROCESSES

                         (Draft Resolution)

Mr K A SINCLAIR: Deputy Chairperson, I move without notice:

That the Council –

  1) notes that effective participation of viable political parties in
     the electoral processes of our country is an essential prerequisite
     for a vibrant, people-centred democracy;


  2) also notes that the recent by-election performance by the Congress
     of the People in the Northern Cape Municipality of Khai-Ma should
     be noted as a sure signal of future political dynamics in South
     Africa;


  3) further notes that during the 2006 general municipal elections, the
     ANC conquered 88,23% of the votes with the opposition parties at
     11,77% - DA at 6,93% and the ID at 4,84%;

  4) recognises that on 12 August 2009, in a head-to-head contest
     between the ANC and the Congress of the People, Cope, made
     substantive inroads by slashing the ANC majority by 66,88% to a
     very modest 59,01%, and with 40,99% of the voters aligning with
     Cope and in the absence of contestation by other opposition
     parties, the opposition vote increased by 350%; and


  5) notes that the municipality of Khai-Ma, better known as Pofadder -
     the generic name of a feared species in the animal kingdom - where
     a previously ANC-dominated ward has now become a marginal seat, is
     set to go down in history as the small but definitive beginning of
     true multiparty democracy in South Africa and that the Pofadder by-
     election is set to be the first of many towards dismantling the
     defacto one-party domination in all spheres of public life in South
     Africa.

The CHIEF WHIP OF THE COUNCIL: Chairperson, this is no longer a motion, but a statement. This time is for motions and not statements.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): The motion is agreed to …

The CHIEF WHIP OF THE COUNCIL: No, Chair, we didn’t agree to that motion.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): In light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of motion.

            PASSING AWAY OF MRS NTOMBUKHULU KATE SIBANDE

                         (Draft Resolution)

Ms M P THEMBA: Deputy Chairperson, I move without notice:

That the Council -

  1) notes with profound sadness and desolation the passing away of Mrs
     Ntombukhulu Kate Sibande who was the mother of the hon Mr S
     Sibande, a member of the NCOP;


  2) also notes that Mrs Sibande was born on 14 December 1925 and passed
     away last Saturday, 22 August 2009 and will be buried this coming
     Saturday, 29 August 2009 in Bethal in Mpumalanga province; and


  3) takes this opportunity to extend its profound condolences to the
     hon Sibande and the Sibande family on their loss. Motion agreed to in accordance with section 65 of the Constitution.

                 TWELFTH IAAF CHAMPIONSHIP IN BERLIN

                         (Draft Resolution)

Ms M W MAKGATE: Deputy Chairperson, I move without notice:

That the Council -

  1) notes with great pride the sterling performance of the South
     African athletics team at the 12th International Association of
     Athletics Federations World Championships that were held in Berlin,
     where Mbulaeni Mulaudzi and Caster Semenya both won gold medals in
     the 800 metres, Godfrey Khotso Mokoena won a silver medal in the
     long jump and Willem Coertzen set a national record; and


  2) takes this opportunity to congratulate these athletes for being the
     torchbearers of our national flag and African pride.

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

FAMILY MEMBERS FROM MFULENI IN WESTERN CAPE KILLED IN TRAGIC ACCIDENT

                         (Draft Resolution)

Mr F ADAMS: Deputy Chairperson, I move without notice:

That the Council -

  1) notes that 10 members of the same family from Mfuleni in the
     Western Cape were killed in a tragic accident when their overloaded
     taxi overturned after hitting a bus while returning from a funeral
     in the Eastern Cape;


  2) further notes that the accident happened about 30 kilometres from
     Beaufort West when their Toyota minibus taxi, which was crammed
     with 19 people, collided with a bus; and


  3) takes this opportunity to convey its condolences and wishes a
     speedy recovery to those injured and still in hospital. Motion agreed to in accordance with section 65 of the Constitution.

          BIRTHDAY WISHES TO COMRADE AHMED MOHAMED KATHRADA

                         (Draft Resolution)

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

That the Council -

  1) notes that on Friday, 21 August 2009, a veteran and one of the
     famous Rivonia trialists, Comrade Ahmed Mohamed Kathrada,
     celebrated his 80th birthday;


  2) recognises that Comrade Kathrada has dedicated his entire life to
     the liberation of our country and participated in numerous anti-
     apartheid campaigns of the Congress Alliance alongside ANC leaders
     like Isithwalandwe Nelson Rolihlahla Mandela and Walter Sisulu; and


  3) takes this opportunity to salute this stalwart and hero of our
     people for his inspirational role and steadfastness to say,
     “Freedom in our lifetime” and who truly lived to see our nation
     liberated from the shackles of apartheid oppression in 1994. Happy birthday, Comrade Kathy, and we wish you many years of good health!

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

                 WORLD TRANSPLANT GAMES IN AUSTRALIA

                         (Draft Resolution)

Ms E C VAN LINGEN: Hon Deputy Chairperson, I hereby move without notice:

That the Council -

  1) wishes our South African Transplant Team every success with their
     participation at the World Transplant Games, WTG, in Australia from
     22 to 30 August;


  2) notes that these games are held every two years and that
     participants include heart, heart-lung, liver, pancreas, kidney and
     bone marrow recipients;

  3) notes that each of the 40 members of the SA Transplant Team, SATT,
     qualified according to WTG standards at a special event at the
     national games held at the High Performance Sport Centre of the
     University of Pretoria in September 2008;
  4) notes that, at the past seven bi-annual World Transplant Games, the
     South African transplant recipients entered 118 athletes and
     returned with 112 medals, of which 33 were gold, and that the SA
     Transplant Team returned from the previous WTG in Bangkok in 2007
     with 22 medals;

  5) notes that the SA Transplant Sports Association, Satsa –

     (a)     is a member of the World Transplant Games Federation,
           WTGF, which is recognised by the International Olympic
           Committee, IOC;


     (b)     is recognised by the Department of Sport and Recreation in
           South Africa;

     (c)     is a non-profit organisation (NPO 004-595) and a public
           benefit organisation (s18(A));

     (d)     is also an affiliated member of the SA Sports
           Confederation and Olympic Committee, Sascoc, which ensures
           that our teams officially represent South Africa and should
           receive national colours, having overcome the real obstacles
           of life, performing at world standard levels and deserving
           of the highest honours of our country;


  6) wishes the South African team every success in their endeavours,
     trusts that their performances will be awarded with medals, not
     only for world-class achievements but also for personal successes,
     and says that we are proud of our SA Transplant Team!; and

  7) further wishes to encourage members of the public to sign up as
     organ donors, which is a generous and worthy gift of life to
     someone you will support beyond your wildest expectations.

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

             KILLING OF SERGEANT CHARLES KOMBA IN NYANGA

                         (Draft Resolution)

Mr T M H MOFOKENG: Hon Deputy Chairperson, I move without notice:

That the Council -

  1) notes the brutal killing of Sergeant Charles Komba in Nyanga after
     he pulled over a taxi for a routine inspection on Saturday, 22
     August 2009;


  2) further notes that Sergeant Komba’s death comes just weeks after a
     police officer and neighbourhood watch member were gunned down in
     the same area in Philippi East;

  3) recognises that while his death is the only one recorded for the
     Metro Police this year, other law enforcement officers from the
     traffic department and the SAPS in the province have come under
     heavy fire this year;


  4) congratulates the police for arresting the suspects within such a
     short time; and


  5) takes this opportunity to convey its condolences to the family of
     Sergeant Komba and calls on communities to rise up to the call of
     civil duty to report all elements of criminality and those who
     perpetrate such brutal crimes.

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

 WEDDING OF PRINCESS BUKHOSIBEMVELO ZULU, DAUGHTER OF KING GOODWILL
                     ZWELITHINI, TO SIPHO NYAWO

                         (Draft Resolution)

Mr R A LEES: Madam Deputy Chairperson, I hereby move without notice:

That the Council -

  1) notes the wedding of Princess Bukhosibemvelo Zulu, daughter of King
     Goodwill Zwelithini, to Sipho Nyawo in Durban on Saturday, 15
     August 2009;


  2) extends its heartiest congratulations to the princess and her
     husband and wishes them good health and a long, loving and blessed
     marriage; and


  3) sends a message of congratulations to the newly-wed couple.

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

BEST WISHES TO SOUTH AFRICAN RUGBY TEAM FOR THEIR TRI-NATIONS MATCH AGAINST AUSTRALIA

                         (Draft Resolution)

Mnr M J R DE VILLIERS: Mev die Adjunkvoorsitter, ek stel voor sonder kennisgewing:

Dat die Raad kennis neem dat die Suid-Afrikaanse rugbyspan teen Australia in hul drie-nasie kompetisie gaan deelneem, en sy gelukwensing en voorspoed aan die kaptein, die span en die bestuur oordra. (Translation of Afrikaans draft resolution follows.)

[Mr M J R DE VILLIERS: Madam Deputy Chairperson, I hereby move without notice:

That the Council notes that the South African rugby team will be
competing against Australia in the Tri-Nations competition and conveys
its best wishes for their success to the captain, his team and the
management.]

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

        TIMEFRAMES ADOPTED BY CONSTITUTIONAL REVIEW COMMITTEE

                         (Draft Resolution)

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

That the Council, notwithstanding Joint Rule 102 (a) and (c), which provide, inter alia, that the Constitutional Review Committee must, annually before the first day of May, invite the public to submit to the committee written representations on any constitutional matter and that the committee must consider these at the start of the third term of a year, subject to the concurrence of the National Assembly, condones the timeframes adopted by the committee for the public to make submissions for 2009, namely 19 July to 19 August; and resolves that the committee proceeds to consider the submissions as soon as possible after the closing date.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Order! I shall now put the question. The question is that the motion be agreed to. As this decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the Chamber to cast their provinces’ votes. Are all delegation heads present?

I shall now also allow provinces the opportunity to make their declaration in terms of Rule 71 if they so wish. Is there any province wishing to make any declaration of vote? None.

We shall now proceed to the voting on the question. 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.

We now come to the voting. When I call the name of a 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.

Question put: That the motion be agreed to.

IN FAVOUR: Gauteng, KwaZulu-Natal, Mpumalanga, Northern Cape, North West, Western Cape.

Mr K A SINCLAIR: Hon Deputy Chairperson, on a point of order: The Northern Cape did not meet and was not consulted on this issue.

The CHIEF WHIP OF THE COUNCIL: Deputy Chairperson, I want to say that hon Sinclair is completely out of order. Everybody here has a mandate from his or her province; that is why we are here.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon member, are we now getting involved in a dialogue?

Mr K A SINCLAIR: Hon Deputy Chairperson, if you will allow me, let me state that the Constitution is very clear on the process of consultation and to the best of my knowledge, none of these delegations, including that of the Northern Cape, met to discuss the issue on which we are currently required to deliver an opinion.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon member, my understanding is that every province has a delegation as part of the NCOP. If they have not decided to meet and discuss the things that are supposed to be debated now, it is unfortunate, because people have already voted.

The HOUSE CHAIRPERSON (Mr R J Tau): Deputy Chairperson, it is a pity that I do not have it with me, but, in terms of the Constitution of the Republic of South Africa, for the establishment of the NCOP, the leader of the delegation to the NCOP is a premier of a province. As the motion has been printed on the Order Paper, the Premier of the Northern Cape has delegated the leader – who, in this instance is hon Mokgoro – to vote in favour of the motion.

Therefore, there is no contradiction. There is absolutely no need for us to have met as a province, because the leader of the delegation, in this case the Premier of the Northern Cape, has delegated the task of voting in favour of the motion, as printed on the Order Paper, to hon Mokgoro. Thank you.

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

The CHAIRPERSON OF THE NCOP: Hon members, as the Deputy Chair has indicated, we are now proceeding to the questions asked to the Security cluster. Members are reminded that when asking follow-up questions, they must not ask a new question; it’s a follow-up question on a question asked. There is a tendency for people to ask new questions altogether. Now, that won’t be allowed.

Members are reminded that, since this is our first questions session, time for replies per question is five minutes. So, the Minister will have five minutes to respond to the question; and time for asking a supplementary question is two minutes. The time for the Minister to reply to a supplementary question is four minutes. Only four supplementary questions will be allowed per question; that should not be exceeded. Do we all understand this? Fine, thank you very much.

I will then move to Question 1 asked by the hon D D Gamede from KZN to the Minister of Police.

                      QUESTIONS FOR ORAL REPLY

                         PEACE AND SECURITY
                              Cluster 1

MINISTERS:

Details of educational campaigns on foreign nationals conducted by SAPS

1. Mr D D Gamede (ANC) asked the Minister of Police: Whether, with regard to recent xenophobic attacks on foreign nationals in certain provinces, the SA Police Service has conducted any educational campaigns on foreign nationals since the first xenophobic attacks; if not, why not; if so, what are the relevant details? CO26E

The MINISTER OF POLICE: Chairperson, thanks to the hon member, Makhadlela.

During the xenophobic incidents of 2008-09, the SA Police Service introduced awareness campaigns to affect the acceptance of foreign nationals. The following provinces embarked on awareness campaigns: North West, Northern Cape, KwaZulu-Natal, Western Cape, Eastern Cape, Mpumalanga and Gauteng.

If we look at each province, hon member, starting with the Northern Cape, awareness campaigns were conducted in partnership with Project Harmony through music and song, where the community of De Aar was addressed on violent crimes and xenophobia. In Kimberley, in the Galeshewe and Roodepan areas, awareness programmes were held that addressed crimes relating to the fabric of society and xenophobia.

The Community Crime Prevention Programme was conducted, involving parents, educators, learners and community members, on violence at schools, drug abuse and xenophobia in KwaZulu-Natal as a committee initiative of the provincial joints, which are KwaZulu-Natal and the Ethekwini Metro Council. The primary objective of the committee was to issue a clear anti-xenophobic communication by the relevant government departments, namely the Human Rights Desk, the Ethekwini Municipality, the United Nations High Commissioner for Refugees, and civil society partners.

The SAPS and other leading departments conducted various educational campaigns on foreign nationals – we have listed all activities which were embarked upon, hon member. In the Western Cape, the SAPS established a committee consisting of members of the office of the premier, the department of community safety, the department of local government and housing and the department of social development. The committee went back to the area where foreign nationals were displaced from to educate the communities. This resulted in 98% of the displaced people being resettled successfully in their communities.

In the Eastern Cape, the SAPS, together with the department of safety and liaison and community police forums and the provincial board, conducted provincial campaigns aimed at educating the community at large and foreign nationals to respect human rights. The Eastern Cape is one of the provinces which were the least affected by xenophobic attacks. This was as a result of numerous campaigns held in the province.

In Mpumalanga, the SAPS conducted educational campaigns during the xenophobic attacks, which were done in co-operation with the office of the MEC for safety and security in the form of radio shows where members of the SAPS provincial communication provided information on attacks as well as the legal implications and impact on the country’s safety and security. At least 10 talk shows on local radio stations were held; four izimbizo were held in KwaMhlanga, Secunda, Vosman and Acornhoek where attacks were discouraged and the implications explained.

In Gauteng, two projects aimed at raising awareness on the criminal aspects of xenophobia have been approved and will take place this month, August

1. Thank you, Chair.

       Plans to upgrade police stations in KwaZulu-Natal
   

2. Mr D D Gamede (ANC) asked the Minister of Police:

   Whether the SA Police Service has any plans to upgrade police stations in (a) Nkandla at Nxamalala, (b) Dondotha, Ward 9, Mbonambi and (c) Gingindlovu-Mvutshini management areas; if not, why not; if so, what plans? CO27E

The MINISTER OF POLICE: Chairperson, perhaps I may add to the first question that, whilst the police have been involved in these activities, it is the task of all of us, as members of society, to educate our people about the dangers of xenophobia, generally, and the need for all of us to co-operate on a number of issues, including residing together.

The site was cleared and finalised for the proposed construction of the new police station at Nkandla, kwaNxamalala. The request was made for funding, planning and construction of this police station. Once funding has been approved, the planning of this project will commence.

On the second question, which is a question directed to my constituency, the station at Dondotha, Ward 9, KwaMbonambi, is not on the province’s priority list for capital works. However, a feasibility study has been conducted by the provincial head of KwaZulu-Natal’s efficiency services, and it determined that there is a need for a police station to be constructed.

On the third question, a project has been registered with the Department of Public Works for major repairs and the upgrading of Gingindlovu police station. Consultants have been appointed for the planning of this project. However, owing to budgetary constraints, this project could not proceed. I thank you.

Mnu D D GAMEDE: Ngqongqoshe ohloniphekile, Nyambose, ngiyazibonga izimpendulo engizitholayo kodwa-ke ziyangenelisa futhi ngithemba ukuthi nemiphakathi yakulezindawo iyaneliseka yilezi zimpendulo. Engifuna ukukwazi ukuthi UNgqongqoshe angakwazi ukusinikeza nini izimali njengoba sesizokwakhiwa isiteshi samaphoyisa lapha eNkandla, kanjalo nomahamba nendlwane oDondotha naseGingindlovu. Lezimali zingahle zitholakale nini, kulonyaka olandelayo noma kuwo lo esikuwo? (Translation of isiZulu paragraphs follows.)

[Mr D D GAMEDE: Hon Minister, Nyambose, thank you for your replies; they are satisfactory and I hope the communities of these places are satisfied with these replies as well.

What I would like to know though is, when are we going to receive these monies since we are going to start building a police station at Nkandla, and up satellite police stations at Dondotha and Gingindlovu? Are we going to get that money this year or next year?]

The MINISTER OF POLICE: Hon Chair, in all fairness, I think we have missed this financial year’s cycle. I think it will form part of the next financial year. It cannot be this year.

On the issue of the police station at Dondotha, the community there asked for exactly what the hon member is asking for, namely a satellite police station, but the feasibility study points to the need for a fully fledged police station. Thank you very much.

Availability of funds to buy cars for police stations in KwaZulu-Natal that have a shortage of transport

1. Mr D D Gamede (ANC) asked the Minister of Police:

   Whether the SA Police Service has any funds available to buy cars for police stations with a shortage of transport such as Gingindlovu police station in KwaZulu-Natal; if not, how are police officers expected to arrest criminals without transport; if so, what are the relevant details? CO28E

The MINISTER OF POLICE: Hon Chair, the first part of the answer is yes, the SA Police Service has been allocated a sum of R1,070 million for the purchasing of vehicles in the 2009-10 financial year. Of this amount, R175 000 has been allocated to the provincial commissioner of KwaZulu-Natal for the purchasing of vehicles in KwaZulu-Natal. It is confirmed that provisions have been made for five vehicles to be purchased for Gingindlovu police station: 4x4s, LDVs - the hon member would know these car terms, I know – and one 1600cc sedan will be provided to the Gingindlovu police station in order to address shortages that may exist.

The national commissioner has also identified the reassessment of the allocation of vehicles as a priority across the entire substructure. The reassessment will address the need for a more appropriate allocation of vehicles, because, hon member, we have been asked this question before, whether we are allocating or deploying adequately the resources we have, in line or in proportion with the needs of the people out there. Thank you very much. Assessment of security of storeroom at Nelspruit police organised crime unit

1. Mr T M H Mofokeng (ANC) asked the Minister of Police: (1) Whether his department has done an assessment of the security of the storeroom at the Nelspruit police organised crime unit where mandrax tablets valued at close to R4 million were recently stolen; if so,

   (2) whether the security has been found to be effective as some of the largest quantities of drugs that are confiscated from syndicates in the region are kept there; if not, what is the position in this regard; if so, what are the relevant details? CO33E

The MINISTER OF POLICE: Hon Deputy Chairperson, the answer to the first part of the question is yes, the SA Police Service did do an assessment of the security of the storeroom at the Nelspruit police organised crime unit where the drugs were stored. The storeroom where the drugs were stored was found not to be adequately secured for the safekeeping of exhibits of high value. However, the organised crime unit in Mpumalanga has secured storage facilities in the form of two walk-in safes. In future all exhibits will be stored in these safes, as well as the fireproof safe that also exists.

I may add here that there is also a case of investigation where the entire unit is being investigated and has been moved from where they were. Thank you very much, Chair.

Investigation around disappearance of member of the Ga-Rankuwa police

1. Mr T M H Mofokeng (ANC) asked the Minister of Police:

   (1) Whether his department has completed the investigation around the disappearance of a certain person (details furnished) of the Ga-Rankuwa police; if not, why not; if so, what are the relevant details;

   (2) whether any reward has been offered to the public for information on the said person’s disappearance; if not, why not; if so, what are the relevant details;

 (3)    whether he will report to the Council upon the completion of the
       investigation; if not, what is the position in this regard; if
       so, what are the relevant details?           CO34E

The MINISTER OF POLICE: Hon Deputy Chair. No, the investigation was taken over on 7 August 2009 by the serial offender investigation unit under the command of Director Byleveld, after consultation with the Provincial Head of Detectives, Assistant Commissioner Tau. This unit is currently following up on information that was gathered by the previous investigating officer as well as new information.

With regard to the second part of the question, no, information is being followed up, and if necessary, a reward will be applied for. On completion of the investigation, the case will be handed over to the National Director of Public Prosecutions. Should the case come before court, the details will become a matter of public record. I thank you.

Training of police officers on newly purchased high-technology equipment

1. Mr T M H Mofokeng (ANC) asked the Minister of Police:

   Whether police officers receive training on the newly purchased high- technology equipment to be used in the fight against crime; if not, why not; if so, (a) how many officers have been trained so far and (b) what is the duration of such training? CO35E

The MINISTER OF POLICE: Hon Deputy Chair, the response to the first part of the question is yes. Different kinds of high-technology equipment are identified and then tested and evaluated by various specialised units within the SA Police Service and, where deemed suitable, such new technology is recommended for deployment in the SA Police Service in order for it to effectively respond to strategic priorities. Members who are responsible for the evaluation of the technology undergo the required training by the service providers before evaluating the products.

Part of the contract for any new equipment to be utilised by the SA Police Service is a proviso that the service provider will train a predetermined number of SA Police Service members. After receiving training from the service provider, these members are then used to roll out the required training in the product to the relevant members within the SA Police Service. The number of officers trained and the duration of training modules varies and is dependent on the product itself. Thank you.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): That concludes the question session.

See also QUESTIONS AND REPLIES.

The Council adjourned at 14:52.

                             __________

            ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

                        THURSDAY, 9 JULY 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 Co-
    operative Governance and Traditional Affairs for consideration:


    (a)      Strategic Plan of the Public Administration Leadership and
         Management Academy for 20008/09 – 2011/12.

    Please note:   The above entry replaces item 15 of the referrals as
                   published on page 366 under “Referral to Committees
                   of Papers tabled” in the Announcements, Tablings and
                   Committee Reports (ATC) of 3 July 2009.

COMMITTEE REPORTS

National Council of Provinces

CREDA INSERT REPORTS - T090709e-insert1 – PAGES 410-439

                        FRIDAY, 10 JULY 2009

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Chairperson of Multiparty Women’s Caucus

Ms B N Dlulane has been appointed as Chairperson of the Multiparty
Women’s Caucus with effect from 26 May 2009.

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(1)     Report of the Auditor-General on audit outcomes of local
    government for the year ended 2007-2008 [RP 110/2009].

                       THURSDAY, 16 JULY 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(3) classified the following
     Bill as a section 75 Bill:

      a) Safety at Sports and Recreational Events Bill [B 7 – 2009]
         (National Assembly – sec 75)

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

a) Agreement between the Government of the Republic of South Africa and
   the Government of the Federal Republic of Germany concerning
   Financial Co-operation in 2006, tabled in terms of Section 231(3) of
   the Constitution of the Republic of South Africa, 1996


 b) Explanatory Memorandum on the Financial Co-operation between the
    Republic of South Africa and the Federal Republic of Germany.

(c)     Agreement between the Government of the Republic of South
    Africa and the Government of the Federal Republic of Germany
    concerning Financial Co-operation in 2008, tabled in terms of
    Section 231(3) of the Constitution of the Republic of South Africa,
    1996.
(d)     Explanatory Memorandum on the Financial Co-operation between
    the Republic of South Africa and the Federal Republic of Germany.

National Council of Provinces

1. The Chairperson

   a) Notice of intervention issued in terms of Section 139(1) (b) of the Constitution, 1996 to Ngaka Modiri Molema District Municipal Council, North West Province.

   Referred to the Select Committee on Cooperative Governance and Traditional Affairs for consideration and report.

                    THURSDAY, 23 JULY 2009
   

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

 a) Government Notice No R.712 published in Government Gazette No 32357
    dated 1 July 2009: Regulations in terms of section 86 of the
    Cooperative Banks Act, 2007 (Act No 40 of 2007).


 b) Government Notice No 697 published in Government Gazette No 32344
    dated 26 June 2009: Determination of interest rate for purposes of
    paragraph (a) of the definition of “official rate of interest” in
    paragraph 1 of the Seventh Schedule to the Act, in terms of the
    Income Tax Act, 1962 (Act No 58 of 1962).

1. The Minister of Justice and Constitutional Development

 a) Proclamation No R.20 published in Government Gazette No 32130 dated
    2 April 2009: Commencement of the Constitution Sixteenth Amendment
    Act, 2008.


 b) Proclamation No R.21 published in Government Gazette No 32091 dated
    2 April 2009: Commencement of the Constitution Fourteenth Amendment
    Act, 2009.


 c) Proclamation No R.22 published in Government Gazette No 32091 dated
    2 April 2009: Commencement of the Constitution Fifteenth Amendment
    Act, 2009.
 d) Proclamation No R.23 published in Government Gazette No 32091 dated
    2 April 2009: Commencement of the General Laws (Loss of Membership
    of National Assembly, Provincial Legislature or Municipal Council)
    Amendment Act, 2008 (Act No 55 of 2008).


 e) Proclamation No R.24 published in Government Gazette No 32091 dated
    2 April 2009: Amendment of Regulations of Public Funding of
    Represented Political Parties Act, 1997 (Act No 103 of 1997).

                       THURSDAY, 30 JULY 2009

TABLINGS National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a)     Report of the Auditor-General on a performance audit of the
    handling of        confiscated abalone at the Department of
    Environmental Affairs and Tourism [RP 116-2009].

1. The Minister of Labour

(a)     Strategic Plan of the Department of Labour for 2009 - 2012 [RP
    30-2009].

                      WEDNESDAY, 5 AUGUST 2009

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Assent by President in respect of Bills

   1) Appropriation Bill [B 5 – 2009] – Act No 16 of 2009 (assented to and signed by President on 28 July 2009).

TABLINGS National Assembly and National Council of Provinces

1. The Minister of Water and Environmental Affairs

   (a) 2008-2009 Yearly Report to Parliament in terms of section 26(1) of the National Environmental Management Act (NEMA), 1998 (Act No 107 of 1998).

2. The Minister of Finance

   (a) Government Notice No R. 724 published in Government Gazette No 32371 dated 10 July 2009: Amendment of Schedule No 1 (No 1/1/1380), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

   (b) Government Notice No R.725 published in Government Gazette No 32371 dated 10 July 2009: Amendment of Schedule No 3 (No 3/645), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

   (c) Government Notice No R. 749 published in Government Gazette No 32406 dated 15 July 2009: Amendment of Schedule No. 2 (No.2/318) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

   (d) Government Notice No R. 762 published in Government Gazette No 32416 dated 24 July 2009: Amendment of Schedule No 1 (No 1/1/1381), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

   (e) Government Notice No R. 763 published in Government Gazette No 32416 dated 24 July 2009: Amendment of Schedule No 3 (No 3/646), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

   (f) Government Notice No R.764 published in Government Gazette No 32416 dated 24 July 2009: Amendment of Schedule No 4 (No 4/318), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

   (g) Government Notice No R. 765 published in Government Gazette No 32416 dated 24 July 2009: Amendment of Schedule No 6 (No 6/15), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

   (h) Government Notice No R. 766 published in Government Gazette No 32416 dated 24 July 2009: Amendment in terms of the Value-Added Act, 1991 (Act No 89 of 1991).

   (i) Government Notice No R. 793 published in Government Gazette No 32444 dated 31 July 2009: Amendment of Schedule No 1 (No 1/1/1382), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

   (j) Government Notice No R. 795 published in Government Gazette No 32444 dated 31 July 2009: Amendment of Schedule No 2 (No 2/319), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

                       FRIDAY, 7 AUGUST 2009
   

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Membership of Committees

(1)     Mr C V Burgess was appointed as chairperson of the Joint
      Standing Committee on Intelligence on 9 July 2009 in terms of
      section 2 of the Intelligence Services Oversight Act, 1994 (Act No
      40 of 1994).

National Council of Provinces

The Chairperson

1. Membership of Committees

(1)    The following members have been appointed to the Joint Standing
      Committee on Intelligence on 9 July 2009 in terms of section 2 of
      the Intelligence Services Oversight Act, 1994 (Act No 40 of 1994):

      Boroto, Mmatlala Grace        (ANC)
      Mazosiwe, Siphiwe Sam   (ANC)

                      WEDNESDAY, 12 AUGUST 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: Protected Areas Amendment
    Bill [B 67B – 2008] – Act No 15 of 2009 (assented to and signed by
    President on 10 July 2009). TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

(a)     Financing Agreement between the European Community and the
    Republic of South Africa concerning the Trade Development Co-
    operation Agreement Facility, tabled in terms of Section 231(3) of
    the Constitution of the Republic of South Africa, 1996.


 a) Explanatory Memorandum to the Trade Development Co-operation
    Agreement Facility between the European Community and the Republic
    of South Africa.


(c)     Financing Agreement between the European Community and the
    Republic of South Africa concerning Legislative Sector Policy
    Support Programme [SA/006/07], tabled in terms of Section 231(3) of
    the Constitution of the Republic of South Africa, 1996


(d)     Explanatory Memorandum to Legislative Sector Policy Support
    Programme between the European Community and the Republic of South
    Africa.


 e) Financing Agreement between the European Community and the Republic
    of South Africa concerning Access to Justice and Promotion of
    Constitutional Rights, tabled in terms of Section 231(3) of the
    Constitution of the Republic of South Africa, 1996.


 f) Explanatory Memorandum to Access to Justice and Promotion of
    Constitutional Rights between the European Community and the
    Republic of South Africa

 g) Financing Agreement between the European Community and the Republic
    of South Africa concerning Employment Creation, Sector Policy
    Support to the Economic Cluster Programme of Action, tabled in
    terms of Section 231(3) of the Constitution of the Republic of
    South Africa, 1996.

 h) Explanatory Memorandum to Employment Creation, Sector Policy
    Support to the Economic Cluster Programme of Action between the
    European Community and the Republic of South Africa

National Council of Provinces

1. The Chairperson

(a)     Notice issued in terms of section 106(1)(b) of the Local
    Government: Municipal Systems Act, 2000 (Act No 32 of 2000), on
    allegations of maladministration, fraud, corruption and other
    irregularities against the affairs of Mkhondo Local Municipality.


    Referred to the Select Committee on Cooperative Governance and
    Traditional Affairs for consideration.

                      THURSDAY, 13 AUGUST 2009

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Introduction of Bills

 (1)    The Minister of Justice and Constitutional Development


      a) Constitution Seventeenth Amendment Bill [B 8 – 2009] (National
         Assembly – proposed sec 74) [Bill and prior notice of its
         introduction published in Government Gazette No 32311 of 17
         June 2009.]


         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.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Justice and Constitutional Development

a) Proclamation No 45 published in Government Gazette No 32380 dated 3
   July 2009: Commencement of the National Prosecuting Authority
   Amendment Act, 2008 (Act No. 56 of 2008).

b) Proclamation No 46 published in Government Gazette No 32380 dated 3
   July 2009: Determination of fixed date under section 43A of the
   National Prosecuting Authority Act, 1998 (Act No 32 of 1998).

                       MONDAY, 17 AUGUST 2009

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

   (a) Government Notice No 1103 published in Government Gazette No 32489 dated 14 August 2009: Draft Preferential Procurement Regulations, 2009: For public comments, in terms of the Preferential Procurement Policy Framework Act, 2000 (Act No 5 of 2000).

   (b) Report and Financial Statements of the Land Bank for 2008-2009, including the Report of the Auditor-General on the Group Financial Statements of the Land and Agricultural Development Bank of South Africa for 2008-2009 and the Performance Information [RP 143-2009].

                      TUESDAY, 18 AUGUST 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)    Protection of Personal Information Bill, 2009, submitted by the
     Minister of Justice and Constitutional Development. Referred to the
     Portfolio Committee on Justice and Constitutional Development and
     the Select Committee on Security and Constitutional Development.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Defence and Military Veterans

 a) Protocol of Amendments to the International Hydrographic
    Organisation (IHO) Convention, tabled in terms of section 231(2) of
    the Constitution, 1996.

 b) Explanatory Memorandum to the Protocol of Amendments to the
    International Hydrographic Organisation (IHO) Convention.

1. The Minister of Public Enterprises

   a) Report and Financial Statements of Transnet Ltd and the Group for 2008-2009, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2008-2009.

   b) Report and Financial Statements of the Broadband Infraco (Pty) Limited for 2008-2009, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2008-2009.

   a) Report and Financial Statements of South African Express Airways (Proprietary) Limited for 2008-2009, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2008-2009.

COMMITTEE REPORTS

National Council of Provinces

REPORT OF THE SELECT COMMITTEE ON ECONOMIC DEVELOPMENT ON THE OVERSIGHT VISIT TO HARMONY GOLD MINE ELAND SHAFT IN WELKOM, DATED 7 JULY 2009.

The Select Committee on Economic Development having undertaken an oversight visit to Harmony Gold Mine Eland Shaft on the 19 June 2009, reports as follows:

1. Aim of the visit

On 10 June 2009, the Select Committee on Economic Development unanimously agreed to visit Harmony Gold’s Eland Shaft to assess and familiarise itself with the tragic death of illegal miners. The Committee’s intention in exercising its oversight role was to engage the mine management, hostel dwellers and the Department of Police. The Committee visited the hostel to identify problem areas in relation to measures to prevent unauthorised persons from gaining access to abandoned mines. The Committee also wanted to see how best Parliament could intervene in improving the safety record of mines in South Africa.

1. Participants

Select Committee on Economic Development Hon. F Adams [Chairperson], Hon. E C Van Lingen (DA), Hon. B A Mnguni (ANC), Hon. M L Moshodi (ANC), Hon. S S Chen (DA), Hon. M C Dikgale (ANC), Hon. K A Sinclair (COPE), Hon. M C Maine (ANC), Ms N G Dinizulu (Committee Secretary) and Mr M Erasmus (Committee Assistant).

Department of Minerals and Energy Mr P Bezuidenhout: Principal Inspector of Mines; and Mr D Msiza: Deputy Chief Inspector of Mines.

South African Police Service Mr D R Mokone: Cluster Commander - Welkom; Director S Muller: Station Commissioner; Mr R J A Earle: Superintendent: Crime Prevention; Mr D M Mongali; Mr L J Tsuuene: Provincial Head Detectives; Mr Mashego: Provincial Commissioner; Mr Kgotile:Captain and Mr A S Foley: Commander Detective.

Harmony Gold Mine Mr A Khuzwayo: Harmony Gold Management; Mr E Van Rensburg: Management Security; Ms E Cilliers: Technical Services; Mr H E Mashego: Human Resources Executive; Mr A Buthelezi; and Mr P K Mohale: Group Human Resources Leader

National Union of Mineworkers

Mr C Kwaza: Regional Treasurer; Mr N Siqwala: Regional Deputy Chairperson; Mr P Hlabizulu: Deputy Secretary for Health and Safety; and Mr M Masukela: Deputy Chairperson for Education.

1. Overview and Proceedings

The Department of Minerals and Energy gave a short briefing to the Committee which was followed by extensive discussions.

1. Briefing by Department of Minerals and Energy

The Department informed the Committee that in September 2008 an operation was initiated to address the illegal mineworkers (Zama Zama) issue in the Goldfields Region. It was agreed that there was a need to involve different role players i.e. the South African Police Service (SAPS) Explosives Unit, Asset Forfeiture Unit (AFU), SAPS Intervention Unit, National Prosecuting Authority (NPA), Director of Public Prosecutions (DPP), Local police stations, SAPS Organized Crime and neighboring mines.

A presentation was handed out to all role players as well as Harmony Gold Mine Management and Unions regarding the current situation of underground activities of Zama Zamas at the mines. Several accidents occurred where the Zama Zamas threatened legal mine workers in active working areas. Zama Zamas have also started to mine the B-Reef areas at Tshepong and Masimong 5 shafts. A joint SAPS and Mine Security operation was consequently conducted at all concerned shafts. The operation, which was named, “Operation Zama – Zama” commenced on 16 February 2009.

4.1 Breakdown of arrests, injuries, deaths and disciplinary action i.r.o illegal mining

The Committee was provided with a breakdown of the numbers of illegal miners arrested, sick/injured/deceased, mine employees disciplined and contractors who faced disciplinary charges from 2007-2009: | |2007 |2008 |2009 | |Illegal Miners |475 |757 |806 | |Arrested | | | | |Illegal Miners |13 |66 |16 | |Injured | | | | |Illegal Miners |36 |8 |105 | |Deceased | | | | |Mine employees |64 |80 |101 | |being | | | | |disciplined | | | | |Contractors being|54 |56 |50 | |disciplined | | | |

4.2 Money, property and foodstuffs recovered

Between January 2007 and May 2008 an amount of R133 123.10 was recovered from illegal miners. Between November 2008 and December 2008 an amount of R13 230 was recovered from illegal miners. For the period January 2007 to May 2008 an amount of R96 340 was recovered from the mine employees. Recovery of property and foodstuff belonging to the mine amounted to R2 23 0522.55, while the amount of cash found in the possession of Zama-Zamas totalled R213 415.20. Two tons of gold-bearing material (GBM) valued at R1.4 million and 1.5 kg Amalgam valued at R156 000 were also recovered.

4.3 Progress on suggestions made during the meeting held in Bloemfontein on 11 November 2008

• The National Prosecuting Authority (NPA) requested that an agreement
  be reached between all the Mine Unions that no foodstuff or money will
  be taken underground. Progress in this regard is still ongoing.
• Steps have been taken for more serious charges to be brought against
  illegal miners.
• Measures are in place for Prosecutors to present evidence in
  aggravation of sentence.
• Measures are in place for severe disciplinary action against
  Mine/Contractor and Security personnel.
• Measures to address money laundering are in place.
• Measures are in place to obtain legal advice in respect of employees
  of contractor companies.
• The SAPS Task Team Intervention is in progress.
• Steps have been taken to build up a database of illegal miners and
  their accomplices.
• Measures are in force in terms of which all monies found on miners
  going underground will be seized.
• Security personnel will investigate all incidents.
• Apprehended miners should be encouraged to identify their contacts
  inside and outside the mine. Possible plea bargaining processes are in
  place.
• A zero tolerance policy is being applied.
• Programs are currently being presented to employees on ethics, honesty
  and integrity, economic impact, loss of job opportunities, etc. in
  order to address the moral fiber issue.
• Progress is being made to establish a safe “whistle blowing”
  procedure.
• The initiative for raids to be conducted by SAPS units from outside
  the Free State due to corruption and involvement of some members is in
  the planning phase, and a meeting was scheduled for 09/02/2009.
• The National Union of Mine Workers and the Solidarity Mine Union which
  operate in the Harmony South Region, as well as internal Mine
  Management were given presentations on illegal mining.
• The recommendation that employment contracts contain a clause
  indicating that illegal mining activities will result in summary
  dismissal has not yet been implemented.
• The company should weigh up the losses that they will suffer from a 2
  to 3 day total shut down.
• A Group Database linked with surrounding mining houses for Criminal
  miners, Mine and Contractor employees who have been charged for
  whatever reason and dismissed is not yet in place. 5.    Remedial actions to be undertaken by the following entities:

5.1 State • Regular inspection and checks of attendance records. • Audits of explosives. • Urgent investigations on suspected illegal activities. • Hostel raids. • Local authorities to work together with SAPS and mine inspectors. • Community education programmes on danger and health issues of illegal mining. • Amendment of Mine Health and Safety Act, 2008 to increase fines for non-compliance with safety regulations from R200 000 to R1 million.

5.2 Harmony Gold Mine • Access Control • Food stoppage: Searches will be conducted by security personnel and a managerial instruction will be issued in compliance with the judicial system to support prosecutors in prosecuting mine workers assisting Zama Zamas. • Operation Night Hawk: Mine security is to clamp down on food supply to underground workers. • Explosives Control: Audits will be conducted by SAPS or Department of Minerals and Energy.

5.3 Mine Owners • Improved access control on all mines. • Daily monitoring of access into and out of mines. • Tighten controls over explosives. • Report suspected illegal operations to authorities. • Monitor underground environment and report to authorities regarding dangerous exposures. • Employee campaigns to expose illegal operations.

5.4 Labour Unions • Member campaigns to expose illegal operations. • Report suspected illegal operations to authorities.

1. Presentation by Department of Police: Crime situation in Thabong and illegal mining hostels

6.1 Historical background

The G-hostel in Thabong is situated in the main street, Constantia Road, near the Teto Secondary School in Zone 1. About 2 500 people are accommodated at G-hostel. The hostel which belongs to the municipality was renovated to accommodate family units. Most of the residents are municipal employees or people employed by the industrial sector. Many of the residents are also involved in illegal mining activities and the illegal selling of gold, liquor and firearms.

6.2 Challenges facing Department of Police

• The environmental design of the hostel is conducive to crime, because
  it allows passages between the hostel units which make the pursuit of
  suspects difficult.
• The infrastructure is poor, the roads and entrances to the hostel
  units are full of potholes and trenches and the road condition
  exceptionally poor.
• It is nearly impossible to action a cordon and search operation,
  because the area is not fenced.
• Access to the units is poor for the police and other local authority
  services because of the construction of illegal structures.
• Most of the residents are not co-operating with the police, since many
  are involved in crime or have relations with persons involved in
  criminal activities.
• Many of the residents living in the hostel have no legal right to live
  there. Undocumented people frequent the hostel and occupy some of the
  units without being traced.
• There is an open field between the mine property and the hostel, and
  thus hostel dwellers can come and go undetected.

6.3 Participants in illegal mining activities

Illegal mining involves a network of participants at different levels of the hierarchy. Strong arrests effected to date targeted the lower level participants in the chain. These are probably the ex-mineworkers who cannot find alternative employment outside the mining industry. Some of these illegal miners come from neighbouring states like Mozambique and Lesotho.

The participants at the upper end of the chain are responsible for funding the activities of those at the lower end. This involves arming the lower end operators and paying bribes to security personnel. The employees of the mining companies are also involved in allowing access to disused mining shafts by illegal miners. It was reported after the recent accident that Harmony Gold mine suspended 77 staff and 45 contractors on suspicion of helping illegal miners get underground through Harmony’s disused Eland shafts. The Committee raised concern and suspected that there could be some involvement of Mine Managers with illegal mining.

6.4 Access to disused mines

Mining companies appear to have difficulties controlling access to disused mines. This is attributed to the fact that the ground is full of holes and companies have difficulty plugging all the holes. Attempts have been made to plug some of the holes but illegal miners blast their way through the plugs. Another problem is that the police officers are reluctant to apprehend the offenders underground due to dangerous conditions.

The illegal miners are also armed hence shootouts have been reported between the police and illegal miners on some occasions. This has led to mining companies employing the services of private security firms to bring the illegal miners to the surface where they can be arrested by the police. It has also been reported that illegal miners are paying bribes to the security guards to obtain access to the disused mines. Once the offenders are arrested, the only charge provided by the criminal justice system for engaging in illegal mining is trespass, which carries a lesser fine and does not act as a deterrent. Therefore illegal miners find it easy to pay the fine or serve a short sentence and return to illegal mining.

6.5 Costs of illegal mining

A preliminary investigation revealed that gold is illegally exported through neighbouring countries and abroad. The most evident non-financial cost of this activity is the loss of lives.

Illegal miners go underground and stay there for months under extremely dangerous circumstances. Two weeks before the accident at Eland Shaft, five bodies believed to be those of illegal miners were recovered. In 2007 twenty five (25) illegal miners died in an underground fire. The common cause of accidents in illegal mining is fire and rock falls. This is because the mines are unsafe and the miners use wood to support the rocks and prevent them from falling. They use blasting methods to extract gold from the rocks. These elements combined predispose the illegal miners to death from burns, crash injuries and suffocation from smoke inhalation or loss of oxygen. There is an indirect cost to the State and an increase in social grants to support the remaining family members who lose bread- winners in mining accidents.

1. Visit to typical shaft at Harmony Gold Mine

The Committee visited the shaft where the bodies of illegal miners were brought to the surface. The Committee was briefed that illegal miners will phone the mine managers requesting them to bring body bags, once they put the bodies in the body bags they brought them to the surface where they handed them over to the security. Illegal miners enter at disused as well as active mine shafts. There are several points of entry and access to these two mines is very easy because the kingpins have good relations with some of the officials and legal miners.

The Committee was also briefed on the operations of the shaft. During the morning shift six people are taken down to the various pump stations where the shafts are dewatered so that the neighbouring shafts like Tsepong and Pakisa do not get flooded. The head gear that was removed and replaced with a 300mm concrete slip with reinforced steeling at Shaft 6 next to Odendaalrus were removed by illegal miners. The total depth of the shaft is 1 600 m, and the sub vertical shaft is 500 meters deep. The shafts are interlinked in a 33 km distance through other shafts. A thorough inspection and maintenance of the shaft is necessary to ensure that the winders, conveyancers, ropes, steel work, and the barrel itself, are in good condition for people to travel there.

The Department also briefed the Committee about the recruitment agency that recruited approximately 25 people in Lesotho and kept them in one big house while they were preparing for their passports to come to South Africa. These people were from Mozambique, Zimbabwe and other African countries and they were robbing the country of its resources. Some of the school children residing at G-Hostel and surroundings are also trained to be involved in the criminal activities. According to SAPS some of the illegal miners were people that were retrenched in South Africa who are now also digging in Lesotho, which meant that the recruitment agency recruited experienced miners. It was reported that youngsters of 18 years old were driving BMWs and Mercedes Benzes and that when the police arrest them they are released into their parents’ custody.

1. Committee Recommendations

8.1 The Department of Mining and the Police should report back to Parliament on a regular basis regarding the progress made in respect of remedial steps taken by the State, mine houses and mine owners to combat and prevent illegal mining, and improve the security and safety at mines. 8.2 Parliament needs to tighten relevant legislation pertaining to the shortcomings in dealing with illegal mining. 8.3 The proper terminology must be defined and agreed upon in the various sectors (justice, police, and mining industry) in relation to the crime of illegal mining in order to properly charge and convict illegal miners caught engaging in illegal mining. 8.4 There should be co-operation between Mining Houses, Labour Unions, SAPS and the Department of Justice and Constitutional development on the specific charges to be brought against illegal miners. Illegal miners should be charged with illegal mining and sentenced accordingly rather than being charged with trespassing which carries more lenient sentences. 8.5 SAPS should perform top-level arrests and name and shame syndicate king pins. 8.6 Mining companies should tighten up security and invest in proper security systems. 8.7 The Mine Health and Safety Inspectorate should be strengthened in order to implement effectively the Mine Health and Safety Amendment Act of 2008, to investigate and enforce compliance to the Act which will hopefully result in reducing occupational injuries and ill-health. 8.8. The Mine Health and Safety Amendment Act should be amended to increase the fine for non-compliance in respect of the safe-keeping of explosives from the current R200 000 to R1 million. 8.9 Underground security patrols should be encouraged. Security should be increased at functioning mines including search procedures to prevent the theft and smuggling of equipment and explosives.

1. Conclusion

The Committee will follow through on the recommendations set out above and is keen to see progress in this regard. The Committee does not intend to simply carry out oversight visits and write reports for the sake of doing so. The Committee expects a material outcome flowing from this engagement and acknowledges that the responsibility for this does not reside solely with the Executive, and that Parliament also has a major responsibility herein. Consistent with the oversight role, the Committee commits itself to working with the relevant departments and other stakeholders to achieve progress in respect of the above recommendations.

Report to be considered.

                      WEDNESDAY, 19 AUGUST 2009

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Police

 a) Proclamation No 16 published in the Government Gazette No 31017
    dated 7 May 2008: Notification by President in respect of entities
    involved in terrorist and related activities identified by the
    United Nations Security Council, made in terms of section 25 of the
    Protection of Constitutional Democracy Against Terrorist and Related
    Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26
    of the Act.


 b) Proclamation No 18 published in the Government Gazette No 31034
    dated 9 May 2008: Notification by President in respect of entities
    involved in terrorist and related activities identified by the
    United Nations Security Council, made in terms of section 25 of the
    Protection of Constitutional Democracy Against Terrorist and Related
    Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26
    of the Act.


 c) Proclamation No 20 published in the Government Gazette No 31136
    dated 10 June 2008: Notification by President in respect of entities
    involved in terrorist and related activities identified by the
    United Nations Security Council, made in terms of section 25 of the
    Protection of Constitutional Democracy Against Terrorist and Related
    Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26
    of the Act.


 d) Proclamation No 21 published in the Government Gazette No 31179
    dated 25 June 2008: Notification by President in respect of entities
    involved in terrorist and related activities identified by the
    United Nations Security Council, made in terms of section 25 of the
    Protection of Constitutional Democracy Against Terrorist and Related
    Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26
    of the Act.


 e) Proclamation No 31 published in the Government Gazette No 31309
    dated 8 August 2008: Notification by President in respect of
    entities involved in terrorist and related activities identified by
    the United Nations Security Council, made in terms of section 25 of
    the Protection of Constitutional Democracy Against Terrorist and
    Related Activities, 2004 (Act No 33 of 2004), tabled in terms of
    section 26 of the Act.


 f) Proclamation No 38 published in the Government Gazette No 31416
    dated 12 September 2008: Notification by President in respect of
    entities involved in terrorist and related activities identified by
    the United Nations Security Council, made in terms of section 25 of
    the Protection of Constitutional Democracy Against Terrorist and
    Related Activities, 2004 (Act No 33 of 2004), tabled in terms of
    section 26 of the Act.


 g) Proclamation No 58 published in the Government Gazette No 31748
    dated 30 December 2008: Notification by President in respect of
    entities involved in terrorist and related activities identified by
    the United Nations Security Council, made in terms of section 25 of
    the Protection of Constitutional Democracy Against Terrorist and
    Related Activities, 2004 (Act No 33 of 2004), tabled in terms of
    section 26 of the Act.


 h) Proclamation No 59 published in the Government Gazette No 31748
    dated 30 December 2008: Notification by President in respect of
    entities involved in terrorist and related activities identified by
    the United Nations Security Council, made in terms of section 25 of
    the Protection of Constitutional Democracy Against Terrorist and
    Related Activities, 2004 (Act No 33 of 2004), tabled in terms of
    section 26 of the Act.


 i) Proclamation No 60 published in the Government Gazette No 31748
    dated 30 December 2008: Notification by President in respect of
    entities involved in terrorist and related activities identified by
    the United Nations Security Council, made in terms of section 25 of
    the Protection of Constitutional Democracy Against Terrorist and
    Related Activities, 2004 (Act No 33 of 2004), tabled in terms of
    section 26 of the Act.


 j) Proclamation No 61 published in the Government Gazette No 31748
    dated 30 December 2008: Notification by President in respect of
    entities involved in terrorist and related activities identified by
    the United Nations Security Council, made in terms of section 25 of
    the Protection of Constitutional Democracy Against Terrorist and
    Related Activities, 2004 (Act No 33 of 2004), tabled in terms of
    section 26 of the Act.


 k) Proclamation No 5 published in the Government Gazette No 31835 dated
    3 February 2009: Notification by President in respect of entities
    involved in terrorist and related activities identified by the
    United Nations Security Council, made in terms of section 25 of the
    Protection of Constitutional Democracy Against Terrorist and Related
    Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26
    of the Act.


 l) Proclamation No 6 published in the Government Gazette No 31835 dated
    3 February 2009: Notification by President in respect of entities
    involved in terrorist and related activities identified by the
    United Nations Security Council, made in terms of section 25 of the
    Protection of Constitutional Democracy Against Terrorist and Related
    Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26
    of the Act.


 m) Proclamation No 7 published in the Government Gazette No 31835 dated
    3 February 2009: Notification by President in respect of entities
    involved in terrorist and related activities identified by the
    United Nations Security Council, made in terms of section 25 of the
    Protection of Constitutional Democracy Against Terrorist and Related
    Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26
    of the Act.


 n) Proclamation No 4 published in the Government Gazette No 31834 dated
    4 February 2009: Notification by President in respect of entities
    involved in terrorist and related activities identified by the
    United Nations Security Council, made in terms of section 25 of the
    Protection of Constitutional Democracy Against Terrorist and Related
    Activities, 2004 (Act No 33 of 2004), tabled in terms of section 26
    of the Act.

1. The Minister of Justice and Constitutional Development

 a) Code of Good Administrative Conduct in terms of the Promotion of
    Administrative Justice Act, 2000 (Act No 3 of 2000).

National Council of Provinces

1. The Chairperson

(a)     The Acting President of the Republic submitted the following
    letter dated 15 July 2009 to the Chairperson of the National
    Council of Provinces, informing Members of the Council of the
    employment of the SA National Defence Force for service in co-
    operation with the South African Police Service in the prevention
    and combating of crime and maintenance of law and order within the
    Republic of South Africa during the FIFA Confederations Cup Event,
    the FIFA World Cup Draw Event and the FIFA World Cup Team Workshop
    and Medical Conference:


    EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE FOR A
    SERVICE IN CO-OPERATION WITH THE SOUTH AFRICAN POLICE SERVICE IN
    THE PREVENTION AND COMBATING OF CRIME AND MAINTANANCE OF LAW AND
    ORDER WITHIN THE REPUBLIC OF SOUTH AFRICA DURING THE FIFA
    CONFEDERATIONS CUP EVENT, THE FIFA WORLD CUP DRAW EVENT AND THE
    FIFA WORLD CUP TEAM WORKSHOP AND MEDICAL CONFERENCE


    This serves to inform the National Council of Provinces that I have
    employed the South African National Defence Force (SANDF) personnel
    for service in co-operation with the South African Police Service
    in the prevention and combating of crime and maintenance of law and
    order within the Republic of South Africa during the FIFA
    Confederations Cup Event, The FIFA World Cup Draw Event and The
    FIFA World Cup Team Workshop and Medical Conference.


    This employment is authorised in accordance with the provisions of
    section 201(2)(a) of the Constitution of the Republic of South
    Africa, 1996, read with section 19 of the Defence Act, 2002 (Act No
    42 of 2002).


    Members of the SANDF are employed from 01 May 2009 until 01 March
    2010.


    I will communicate this report to members of the National Assembly
    and the Chairperson of the Joint Standing Committee on Defence and
    Military Veterans, and wish to request that you bring the contents
    hereof to the attention of the National Council of Provinces.


    Yours sincerely,


    signed
    K GALEMA MOTLANTHE
    ACTING PRESIDENT

                      THURSDAY, 20 AUGUST 2009

TABLINGS

National Assembly and National Council of Provinces

1. The Speaker and the Chairperson

(a)     Report and Financial Statements of the Office of the Auditor-
    General for 2008-2009, including the Report of the Independent
    Auditors on the Financial Statements and Performance Information
    for 2008-2009 [RP 173-2009].

National Council of Provinces

1. The Chairperson

(a)     Report on the Performance of Municipalities in the Eastern Cape
    for 2007-2008, issued in terms of section 47(1)(b) and (3) of the
    Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000).


    Referred to the Select Committee on Co-operative Governance and
    Traditional Affairs for consideration and report.

(b) The Chairperson has received correspondence from the Minister of Police informing Members of the National Council of Provinces of the appointment of Mr Anwa Dramat as Head of the Directorate for Priority Crime Investigation.

    Referred to the Select Committee on Security and Constitutional
    Development for information.

                       FRIDAY, 21 AUGUST 2009

ANNOUNCEMENTS

National Council of Provinces

The Chairperson

1. Referral to Committees of papers tabled

(1)     The following papers are referred to the Select Committee on
    Security and Constitutional Development for consideration and
    report:


    Submission of written comments in terms of section 74(6)(b) of the
    Constitution: Constitution Seventeenth Amendment Bill TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Finance

   (a) Agreement between the African Development Bank and the African Development Fund and the Government of the Republic of South Africa regarding the Establishment of the Regional Office of the African Development Bank and the African Development Fund on the Territory of the Republic of South Africa, tabled in terms of section 231 (3) of the Constitution, 1996

   (b) Explanatory Memorandum to the Agreement between the African Development Bank and the African Development Fund and the Government of the Republic of South Africa regarding the Establishment of the Regional Office of the African Development Bank and the African Development Fund on the Territory of the Republic of South Africa.

   (c) Government Notice No R.832 published in Government Gazette No 32484 dated 14 August 2009: Amendment of Schedule No 1 (No 1/1/1383), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

   d) Government Notice No R.833 published in Government Gazette No 32484 dated 14 August 2009: Amendment of Schedule No 1 (No 1/1/1384), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

   e) Government Notice No R.834 published in Government Gazette No 32484 dated 14 August 2009: Amendment of Schedule No 4 (No 4/319), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

   f) Government Notice No R.835 published in Government Gazette No 32484 dated 14 August 2009: Amendment of Schedule No 1 (No 1/1/1385), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

   g) Government Notice No R.836 published in Government Gazette No 32484 dated 14 August 2009: Amendment of Schedule No 3 (No 3/648), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

   h) Government Notice No R.837 published in Government Gazette No 32484 dated 14 August 2009: Amendment of Schedule No 4 (No 4/320), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

2. The Minister of Tourism

   (a) Report and Financial Statements of Vote 25 – Department of Environmental Affairs and Tourism for 2008-2009, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 25 for 2008-2009 [RP 149-2009].

National Council of Provinces

1. The Chairperson

(a)     Report on the Performance of Municipalities in the Western Cape
    for 2007-2008, issued in terms of section 47(1) and (3) of the
    Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000).


    Referred to the Select Committee on Co-operative Governance and
    Traditional Affairs for consideration and report.

                       TUESDAY, 25 AUGUST 2009

ANNOUNCEMENTS

National Assembly and National Council of Provinces

The Speaker and the Chairperson

1. Introduction of Bills

 (1)    The Minister of Justice and Constitutional Development


      a) Protection of Personal Information Bill [B 9 – 2009] (National
         Assembly – proposed sec 75) [Bill and prior notice of its
         introduction published in Government Gazette No 32495 of 14
         August 2009.]


         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.

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

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

      a) Constitution Seventeenth Amendment Bill [B 8 – 2009] (National
         Assembly – sec 74). 3.    Calling of a Joint Sitting of Parliament

      CALLING OF JOINT SITTING OF PARLIAMENT

The Speaker of the National Assembly, Mr M V Sisulu, and the
Chairperson of the National Council of Provinces, Mr M J Mahlangu, in
terms of Joint Rule 7(2), have called a joint sitting of the Houses of
Parliament for Thursday, 27 August 2009 at 14:00 for a Debate on
National Women’s Day.


M V SISULU, MP                      M J MAHLANGU, MP
SPEAKER OF THE                      CHAIRPERSON OF THE NATIONAL
NATIONAL ASSEMBLY  COUNCIL OF PROVINCES National Council of Provinces

The Chairperson

1. Referral to Committees of papers tabled

(1)     On 21 August 2009 the following paper was referred to the
    Select Committee on Security and Constitutional Development for
    consideration and report. The paper is now also referred to the
    Select Committee on Cooperative Governance and Traditional Affairs,
    the Committees to confer and the Select Committee on Security and
    Constitutional Development to report, in terms of Rule 101(3) of
    the Rules of the National Council of Provinces:
    Submission of written comments in terms of section 74(6)(b) of the
    Constitution: Constitution Seventeenth Amendment Bill

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Labour

 a) Report and Financial Statements of the Services Sector Education
    and Training Authority (Services-Seta) for 2008-2009, including the
    Report of the Auditor-General on the Financial Statements and
    Performance Information for 2008-2009 [RP 11-2009].


 b) Report and Financial Statements of the Clothing, Textiles, Footwear
    and Leather Sector Education and Training Authority (CTFL-Seta) for
    2008-2009, including the Report of the Auditor-General on the
    Financial Statements and Performance Information for 2008-2009 [RP
    87-2009].

 c) Report and Financial Statements of the Transport Education and
    Training Authority (TETA) for 2008-200, including the Report of the
    Auditor-General on the Financial Statements and Performance
    Information for 2008-2009 [RP 104-2009].

 d) Report and Financial Statements of the Safety and Security Sector
    Education and Training Authority (SASSETA) for 2008-2009, including
    the Report of the Auditor-General on the Financial Statements and
    Performance Information for 2008-2009.
 e) Report and Financial Statements of the Health and Welfare Sector
    Education and Training Authority (HWSETA) for 2008-2009, including
    the Report of the Auditor-General on the Financial Statements and
    Performance Information for 2008-2009 [RP 94-2009].

1. The Minister of Water and Environmental Affairs

 a) Report and Financial Statements of the Marine Living Resources Fund
    (MLRF) for 2008-2009, including the Report of the Auditor-General
    on the Financial Statements and Performance Information for 2008-
    2009 [RP 131-2009].

1. The Minister of Human Settlements

(a)    Report and Financial Statements of the National Housing Finance
     Corporation Ltd (NHFC) for 2008-2009, including the Report of the
     Independent Auditors on the Financial Statements for 2008-2009.