National Assembly - 18 February 2010
THURSDAY, 18 FEBRUARY 2010
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PROCEEDINGS OF THE NATIONAL ASSEMBLY
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The House met at 14:01.
The Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
NOTICES OF MOTION
Rev H M DANDALA: Speaker, on behalf of Cope, I hereby give notice that on the next sitting day of the House, I shall move:
That the House has no confidence in the President of the Republic of South Africa and in terms of section 102(2) of the Constitution of the Republic of South Africa, 1996, passes a motion of no confidence in him for his failure to live up to the expectations of the broad spectrum of South Africans.
Mr W P DOMAN: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA: That the House –
1) debates the skills shortage in local government; and
2) comes up with possible solutions to alleviate the situation.
Dr W G JAMES: Speaker, I hereby give notice, on behalf of the DA, that I shall move on the next sitting day of the House:
That the House -
1) notes that of the 41 383 academic staff members at the
universities, only 16% have doctorates and 34% Master’s degrees;
2) notes that good students come from well-trained lecturers who are
experts in their fields; and that
3) debates the qualification levels of our academic community and
seeks models to improve and upgrade them.
Mr G R MORGAN: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:
That the House debates the government and industry response to acid mine drainage and any interventions that may be required to avert a major environmental disaster.
Mrs J D KILIAN: Speaker, I hereby give notice that on the next sitting day of the House, I shall move:
That the House –
1) notes –
a) the incident in which a student from Cape Town was allegedly
arrested after “waving away” President Jacob Zuma’s convoy;
and
b) the allegations that he was retained for almost 24 hours
during which he was interrogated and his house raided, and
that he was later charged; and
2) resolves to -
a) condemn any abuse of power by any security agency in the
strongest terms; and
b) call on the Minister of Police ...
The SPEAKER: Hon member, there is a point of order.
Mr C T FROLICK: Speaker, on a point of order: There is an agreement between all political parties that when we give notice of a motion we don’t go into the substantive matters, because it is notice for a discussion that may possibly take place. What the hon member is doing now is to go into substantive matters, which is not according to the agreement between the parties in this House.
The SPEAKER: Hon member, is it such a case?
Mrs J D KILIAN: I will do that, Speaker. Can I just read the last sentence, because I have, in fact, discussed this matter with the NA Table. I have clarified it.
The SPEAKER: Conclude, hon member.
Mrs J D KILIAN: I continue –
… and call on the Minister of Police to provide the National Assembly with a report on the incident before the end of March 2010.
Mr J H VAN DER MERWE: Mr Speaker, I hereby give notice that I will move on the next sitting day of the House:
That the House discusses the terrible state of the roads in South Africa, which cause a very dangerous situation for motorists.
Dr L L BOSMAN: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:
That the House debates the relative merits and demerits concerning the adoption of a risk management system, with the ancillary requisite funding, to ensure that the challenges to the agricultural sector, which are created by natural or man-made disasters, are systematically managed and the risks thereof reduced.
Thank you.
Mr S C MOTAU: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:
That the House debates the participation of independent power producers in the generation of electricity and how this can enhance efforts to meet the country’s renewable energy target, ensure electricity security, and reduce greenhouse gases.
Thank you.
Mrs C DUDLEY: Speaker, on behalf of the ACDP, I give notice that on the next sitting day of the House I shall move:
That the House –
1) conveys its condolences to the family of the three-year-old boy,
Mpho Lebogang, who was mauled by dogs and later died at the
hospital on 28 December 2009 as a result of his injuries; and
2) calls on the government to put in place laws that will protect the
public from dangerous animals and cause animals that pose a high
risk to the community to be put down.
Thank you.
Dr P J RABIE: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf the DA:
That the House debates the recent calls for the nationalisation of the South African mining industry and the impact it will have on the South African economy.
Thank you.
Mr M J ELLIS: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:
That the House debates the importance of political leadership in the fight against HIV/Aids.
Thank you.
SELECTION OF MS TRIBUTE MBOWENI BY G8/G20 YOUTH SUMMIT
(Draft Resolution)
Mr M J ELLIS: Mr Speaker, I move without notice:
That the House –
1) notes that on Tuesday, 16 February 2010, Ms Tribute Mboweni, an
Ecotourism student at the Tshwane University of Technology was
selected by the G8/G20 Youth Summit to represent South Africa as
the Minister of Environment at its annual meeting in Vancouver,
Canada, in May 2010;
2) further notes that the summit is an interactive educational forum
which aims at assisting young leaders to learn about the activities
of the G8/G20 countries;
3) recognises the prestigious nature of the event and the honour which
an invitation thereto bestows upon both Ms Mboweni and South
Africa;
4) further recognises that last year Ms Mboweni represented South
Africa in Germany as the winner of the Bayer Young Environmental
Envoy competition and thus this is the second time that Ms Mboweni
has been selected to represent South Africa as an ambassador at an
international event;
5) acknowledges that the youth are the future of our great nation and
recognises that ensuring that every child within our country
receives a first-class education is one of the most sacrosanct
responsibilities of the leaders of this magnificent country; and
6) congratulates Ms Mboweni on this excellent achievement and on
making her country and its people proud.
Agreed to.
SOUTH AFRICA A CANDIDATE FOR A NONPERMANENT SEAT ON UNITED NATIONS SECURITY COUNCIL
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Speaker, hon Deputy President, I move without notice:
That the House –
1) notes that on Tuesday, 2 February 2010, the African Union Summit,
which wrapped up in Addis Ababa, Ethiopia, endorsed South Africa’s
candidature for a nonpermanent seat on the United Nations Security
Council;
2) further notes that the elections for the African seat of the
council will be held during the 65th session of the United Nations
General Assembly in October 2010 and, if elected, South Africa will
serve a second term as a nonpermanent member of the council;
3) recognises that South Africa’s possible candidature for 2011 to
2012 is guided by her commitment to strengthen the multilateral
system and our support for a broader multilateral approach to
questions of international peace and security;
4) further recognises that our nomination follows close on the heels
of the AU Summit electing the country to serve on the AU’s Peace
and Security Council for a second term; and
5) welcomes the nomination of our country to the council, as this will
give South Africa an opportunity to continue to promote the African
agenda and to further contribute to achieving peace and stability
on the continent and in all regions of the world.
Agreed to.
AFRICAN UNION SCIENTIFIC AWARDS WON BY TWO SOUTH AFRICANS
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Speaker, hon Deputy President, I move without notice:
That the House –
1) notes with enthusiasm the winning of the prestigious African Union,
Scientific Awards on Sunday, 1 January 2010, by two South African
scientists, Patrick Eriksson and Diane Hildebrandt, who won first
prize in the science, technology and innovation category;
2) further notes that the two scientists were chosen from 48
contestants from across the continent for outstanding work in their
fields, they were handed their awards during a ceremony on Sunday
in Addis Ababa, Ethiopia, by President Zuma, and also received $100
000 each for their achievements from the AU;
3) recognises that science, technology and innovation form
indispensable tools for driving socioeconomic progress;
4) further recognises that the awards resonated with the theme of the
summit which focuses on improving Africa’s information and
communication technologies infrastructure; and
5) commends the two scientists on their contribution to flying the
South African flag internationally.
Agreed to.
SALVATION ARMY TOLL-FREE HOTLINE AND EFFORTS AIMED AT COMBATING HUMAN
TRAFFICKING AND CRIME
(Draft Resolution)
Mrs C DUDLEY: Speaker, I move without notice:
That the House –
1) notes that -
a) the Salvation Army, in consultation with government and the
SA Police Service, has launched a toll-free hotline aimed at
helping people, either victims of trafficking or any who
suspect trafficking is taking place;
b) this very important number, which was published incorrectly
is: 08000-RESCUE or 08000737283;
c) two other unsung nonprofit crime-fighters, eblockwatch and SA
Travel Buddy, are now operational on the Internet; and
2) congratulates Major Marike Venter of the Salvation Army and Mr
Andre Snyman of Eblockwatch for their efforts in combating
trafficking and crime.
Agreed to.
PHUMEZA MATSHIKIZA AND SARAH JANE BRANDON WON FIRST AND SECOND PLACES IN SINGING COMPETITION IN IRELAND
(Draft Resolution)
Mr M J ELLIS: Speaker, I move without notice:
That the House –
1) notes that South African operatic singing sensations Pumeza
Matshikiza and Sarah Jane Brandon took top honours at the
critically acclaimed opera contest, Veronica Dunne International
Singing Competition, which took place in Dublin, Ireland, in
January of this year;
2) further notes that first place in a competition which showcasese 21
of the world’s best sopranos was awarded to Pumeza Matshikiza and
second place went to Sarah Jane Brandon;
3) recognises the prestigious nature of this achievement which is a
testimony to the dedication and determination of both women and in
particular of Pumeza Matshikiza, who has previously represented
South Africa at several international competitions and concerts and
in 2007 was admitted to the Royal Opera House’s highly rated Jette
Parker Young Artists Programme;
4) congratulates Ms Matshikiza on this excellent achievement and on
making her country and its people proud; and
5) wishes Ms Matshikiza and Ms Brandon everything of the best in their
future endeavours.
Agreed to.
HAITI RECEIVES AID FROM SOUTHA AFRICA AFTER MASSIVE EARTHQUAKE
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, hon Deputy President, I move without notice:
That the House –
(1) notes that on 12 January 2010 a massive earthquake struck the nation of Haiti, causing catastrophic damage inside and around the capital city of Port-au-Prince;
(2) recalls that the death toll is estimated at over 212 000, the highest on record for a natural disaster in America, and according to authorities in Haiti more than 300 000 people were injured and almost 1 million people were left homeless;
3) recognises international rescue and relief efforts which continue
to provide assistance to the impoverished nation;
4) appreciates the heroic efforts by the South African search and
rescue teams, led by the Gift of the Givers Foundation’s Imtiaz
Sooliman, that consisted of specialised medical personnel, trauma
specialists, orthopedic surgeons, trauma nurses and advanced life
support paramedics;
5) acknowledges that the Gift of the Givers mission received support
from the President’s Office, the Department of International
Relations and Co-operation and the Department of Health, as well as
the SA Catholic Bishops Conference and the Anglican Church, and
will also be a partner with the National Interfaith Leaders Council
and the Parliamentary Interfaith Council on this particular
intervention and other similar humanitarian actions in future as
part of our programme on peace and development in Africa;
6) appreciates the additional aid given by the SA government, which
was co-ordinated through the National Disaster Management Centre;
7) thanks the people of South Africa for pledging R760 513 to help
Haiti’s earthquake survivors during a telethon hosted by the SABC
and supported by the Department of International Relations and Co-
operation, ABSA Bank and Independent Newspapers;
8) acknowledges that our support efforts have reaffirmed the ANC’s
belief that: Together, we can do more; and
9) conveys its heartfelt condolences to the people of Haiti and
assures them that our thoughts and prayers go out to those who have
been affected by the earthquake.
Agreed to.
EXTENSION OF DEADLINE OF AHC ON SERVICE DELIVERY
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Speaker, hon Deputy President, I move without notice:
That the House, notwithstanding its resolution adopted on 12 November 2009, extends the deadline by which the Ad Hoc Committee to Conduct Co- ordinated Oversight on Service Delivery under the theme, “Working together to ensure the delivery of quality service to communities”, has to report, to 14 May 2010.
Agreed to.
Motion of condolence
(The late Dr M E Tshabalala-Msimang)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, hon Deputy President, I move without notice:
That the House -
1) notes with deep sadness that on 16 December 2009, the hon Dr Manto
Tshabalala-Msimang passed away at the age of 69 at the Charlotte
Maxeke Hospital’s Gordon Institute in Johannesburg, due to
complications from her liver transplant;
2) recognises that Manto’s entire life has been a selfless sacrifice
to the people of South Africa and that even her harshest critics
cannot argue this fact and that she as a young woman displayed a
political awareness and maturity beyond her years;
3) further recognises that she left the country in September 1962, to
continue the fight for liberation from outside the borders of the
country and that during her time in exile she continued her studies
and obtained her medical degree from the First Leningrad Medical
Institute in the former Union of Soviet Socialist Republics in
1969, in 1972 completed a Diploma in Obstetrics and Gynaecology
from the University of Dar-es-Salaam in Tanzania and also completed
a Master’s degree in Public Health at the University of Antwerp in
Belgium;
4) remembers that Manto was a pillar of strength and touched our lives
in her various capacities - as a comrade, a dedicated medical
doctor, a distinguished servant of the people, a gender activist
and a humanitarian - and from Tanzania to Botswana to South Africa
used her skills to assist those in distress and in need of medical
care and emotional support, especially in the MK camps;
5) further remembers that even after her return from exile in the
early 90s, she worked tirelessly and selflessly to build a
nonracial society, a nonsexist and democratic South Africa, guided
by the supremacy of the Constitution and the rule of law, hence she
is regarded as one of the founding members of a democratic
Parliament in 1994;
6) recalls that her career in government began when she was appointed
as the first Deputy Minister of Justice and Constitutional Affairs
and later served as Minister of Health and in 2008 was redeployed
as Minister in the Presidency;
7) further recalls that, at the time of her death, she was an NEC
member for both the ANC and the ANC Women’s League, the Chairperson
of the Social Sector Cluster of the South African Cabinet Committee
and the African Union Goodwill Ambassador and Champion for Africa’s
Movement to improve Maternal Health and Promote Child Survival and
Development in Africa beyond 2015;
8) acknowledges the numerous accolades Comrade Manto received as a
testament to her unwavering commitment to the improvement of public
health in South Africa and that in July 2008 she received the
Walter Sisulu Award for Leadership Excellence from the South
African Students Congress, and further acknowledges that, on behalf
of the health professionals of South Africa, in July 2005, the
Medical Education for South African Blacks honoured Manto for her
contribution to health care delivery in South Africa, in 2005 the
National Aids Trust Fund honoured her for the work she did in the
prevention, care and treatment of HIV and Aids, that she also
received an award from the World Health Organisation in 2004 for
her commitment and delivery on intercountry and cross-border
collaboration on Malaria, and that the American Cancer Society
bestowed on her the Luther L Terry Award in 2000, for her effective
work in tobacco control;
9) believes that she discharged her responsibilities with dedication,
discipline, diligence and humility and that the life of this great
leader epitomises heroism and commitment to the cause of the poor;
and
10) conveys its heartfelt condolences to her husband, Mr Mendi Msimang,
her family, friends and comrades in the African National Congress
and the Alliance.
Mr M J ELLIS: Speaker, I want to say to the House that if one reads the CV of Dr Manto Tshabalala-Msimang the one thing that strikes one is that she was a remarkably able and committed person who worked extremely hard for the ideals for which she stood.
Certainly, from a young age through her 28 years in exile and until she passed away, she was committed to improving the plight of the poor and fighting for the rights of women and children. I want to say to the House that no one should doubt this.
It is not for me to go through her CV, which today is the prerogative of her own party; rather I would like to talk about her as I remember her. She was a controversial Minister of Health – there can be no doubt about it - and the DA was critical of her on many counts, especially with regard to her policies on HIV and Aids. However, Mr Speaker, that is not at issue today. Today we remind ourselves of the tremendous amount of good she did in her life and her real and undoubted commitment to the country, her family and her party.
I have remarkably pleasant memories of Manto, as I knew her way back in 1994, when she was the chairperson of the Portfolio Committee on Health. She was an extremely good chairperson who bound the committee together. There we were, Mr Speaker - a group of some 15 or 16 MPs who hardly knew each other, all working together in the spirit of conviviality from the start, and she was our chairperson.
There were some tough moments in those early days, not least of which the Sarafina 2 saga, involving the then Minister of Health, Dr Dlamini-Zuma, and Dr Tshabalala-Msimang was undaunted by the fact that the Minister at the time was annoyed by this issue. She stood her ground and allowed the opposition parties to have their say, which indeed we did.
I also remember visiting provinces with Dr Manto Tshabalala-Msimang and often having dinner with her in the evenings after a long day in the field and talking to her about health matters and about life in general. She was a very interesting woman and I treasure those memories.
I also remember going to London with her to visit pharmaceutical factories there. That was in 1995 when her husband, Mr Mendi Msimang, an absolute gentleman, was a High Commissioner there. And I remember that she personally took me to the High Commissioner’s house and gave me a tour of that beautiful home; and that too is a very pleasant memory.
When she became the Deputy Minister of Justice in 1996, I personally was very disappointed. I used to write notes across the floor of Parliament to Manto asking her when she was going to take over as Minister of Health because I was convinced she would be a very good Minister of Health. Of course, Dr Dlamini-Zuma and I had our own particular relationship which wasn’t that good in those days, but it has certainly been patched up remarkably well over the years – and I am very glad to say that! [Laughter.]
Such was our relationship that when she did become the Minister of Health - I make no bones about it - I was delighted. I remember paying her a visit in her office and personally congratulating her and wishing her all the best in her new job.
Politics intervened, and as I was no longer the health spokesperson of the DA, I had less and less direct contact with her. Naturally, I watched her very closely. And I must say, Mr Speaker, she had her disappointments and there were the concerns of many that some of her decisions as a Minister appeared not to be based on sound evidence or judgment. But I knew her, and while my party and I may have disagreed vociferously with her at times I never doubted that she said and did what she genuinely believed in, and she stuck to those beliefs in true Manto style.
I want to say that we also remember some of the most amazing hats that she used to wear during the opening of Parliament. She certainly never failed to impress and sometimes amazed in that regard. She certainly had her own style.
The passing away of someone always means that there are people who are close to that person who would be deeply saddened, and we as the DA offer our sincerest condolences to her family at this time. We also offer our condolences to the ANC of which Dr Manto Tshabalala-Msimang was a very proud and devoted member for many years. Thank you. [Applause.]
Mrs M A A NJOBE: Hon Speaker, on behalf of Cope, I’m honoured to pay tribute to the late Dr Mantombazana Tshabalala-Msimang. She was a passionate and dedicated professional who executed her duties with determination. Together with other ANC doctors such as the late Dr Mvelang, she had the responsibility to take care of the health of ANC cadres in exile.
Based in Tanzania most of the time, her responsibility included looking after MK cadres, students of the Solomon Mahlangu Freedom College and the ANC community at large. This meant travelling long distances to reach the camps, sometimes at night.
Her contribution extended to the Tanzanian communities since she also worked at the Muhimbili Hospital in Dar-es-Salaam. It was during her stay in exile that Comrade Manto came into contact with international work in health, as she participated on behalf of the ANC in numerous activities organised by international health bodies.
On her return to South Africa, she and Dr Nkosazana Dlamini-Zuma, working with NGOs, were instrumental in piloting what has now unfolded as the government’s HIV/Aids programme.
As the first chairperson of the Portfolio Committee on Health in the democratic Parliament of South Africa, she had the difficult task of building and encouraging teamwork among MPs with different backgrounds – we from the liberation movement and a somewhat doubting opposition. However, because of her efficient, balanced and professional approach in handling the work of the committee, she gained the confidence of all its members.
She ensured that transformative legislation emanating from the department, at the time led by Dr Nkosazana Dlamini-Zuma, was indeed passed by Parliament. Later, as Minister of Health, she ensured the implementation of the very same legislation.
As the Deputy Minister of Justice, she proved her qualities as a gender activist as she initiated progressive laws to protect women and children. Dr Manto was truly loved and respected by people far and wide, locally and internationally. Against what sometimes seemed to be extreme adversity, she stood her ground with courage and showed her commitment to implementing her assigned tasks.
The outpouring of love and support for the Msimang family following her demise came from a diverse range of constituencies, professional bodies, political parties, international organisations, business circles, friends and family. This demonstrated the profound impact that she had as a professional, a politician, a wife, a mother and grandmother, a comrade, an aunt to the younger generation and a sister in her own generation.
Cope extends its condolences to her organisation, the ANC; her husband, Comrade Mendi Msimang; her daughters, Zuki and Pulane; and the entire family.
Sithi lalani ngenxeba bantu bakwaTshabalala nabakwaMsimang; akuhlanga lungehlanga. [We say to the Tshabalala and Msimang families, may you find solace during this difficult time; time heals all wounds.] Thank you. [Applause.]
The HOUSE CHAIRPERSON (Mr M B SKOSANA): Mr Speaker, hon members, hon Ministers, on behalf of the IFP and its president, Prince Mangosuthu Buthelezi, I rise to add my voice to the many who offered condolences to the family, colleagues and friends of the late Dr Tshabalala-Msimang. Our thoughts have been with her husband and her two daughters during this trying time of mourning. We pray that their dark night will quickly give way to a dawn of happiness.
We in this House feel the absence of Dr Tshabalala-Msimang. Today we pay tribute to a woman who dedicated her life to the cause of political liberation. Once it was achieved, she served our nation as a Member of Parliament and Minister. Dr Tshabalala–Msimang was an intelligent woman and a patriot. While in exile, during the banning of the ANC, she acquired an education in medicine which she brought back to South Africa in 1990.
After South Africa’s liberation, Dr Tshabalala-Msimang spent many years in the spotlight of public service. Her words and actions were closely watched and reported on across the world. At a time in which South Africa was losing the battle against HIV and Aids and tuberculosis, Dr Tshabalala- Msimang was given the unenviable task of leading the Ministry of Health.
For several years, Dr Tshabala–Msimang herself struggled with some kind of illness and her life was eventually cut short because of it. It is sad that she lived only two years after undergoing a life-saving operation, giving us another reminder of the fragility and gift of life.
Dr Tshabalala–Msimang focused South Africa’s attention on preventative medicine. Yet her passing draws our thoughts to yet another aspect of the health portfolio, that of palliative care. There are so many of our people living with pain, discomfort, or the prospect of death. How do we, as parliamentarians and leaders, extend hope or comfort to them? She bequeathed to us the responsibility to enhance the standard of life of all our people. After all, living with sickness is exponentially more difficult when one is also struggling with poverty, ignorance or despair.
Dr Tshabalala–Msimang shouldered an onerous burden in service to our nation. She accepted the position to fill the role that would inevitably be scrutinised by the world. There are not so many with the leadership ability to face such a responsibility. This House has indeed lost a woman of great courage. I quote from the funeral oration of Pericles:
The living have envy to contend with, while those who are no longer in our path are honoured with a goodwill into which rivalry does not enter.
May her soul rest in peace. [Applause.]
Mr J J MCGLUWA: Hon Speaker, on behalf of the ID, we would like to extend our heartfelt condolences to the Tshabalala family and to the ANC. We’ve lost a comrade, a sister, a mother, a friend and a colleague.
It is such a pity that she will only be remembered by some for the controversy around HIV and Aids, and not for the role that she played in our struggle days. We hope that the family and the entire country will find solace in the fact that she has contributed to achieving our freedom and democracy. May her soul rest in peace. Amandla!
Mr N M KGANYAGO: Mr Speaker, Deputy President and Members of Parliament, on behalf of the UDM, I offer our condolences to the family, friends and colleagues of the late hon Tshabalala-Msimang. Our thoughts are with you during this time of bereavement.
She was a long-serving member of the government and had dedicated many decades of her life to her political party, the ANC. During my tenure as a Deputy Minister in the previous administration, I had occasion to interact with her from time to time. It was always clear to me that she was fiercely committed to her political party and its policies. May she rest in peace. Ke a leboga. [I thank you.] [Applause.]
Dr C P MULDER: Agb Speaker, Dr Manto Tshabalala-Msimang was ’n senior lid van hierdie Huis en sy het hier gedien sedert 1994. In daardie tyd het ons haar almal goed leer ken deur die bydrae wat sy gemaak het. Sy was ’n politikus wat die voorreg gehad het om die ideale wat sy nagestreef het oor baie jare te sien verwesenlik, toe sy na die Parlement toe kom. Met haar benadering kon sy deel wees van die regering waarvoor sy gewerk het en waarin sy geglo het.
Dr Tshabalala-Msimang was ’n politikus teenoor wie niemand regtig neutraal kon staan nie. Ek dink mense het of baie van haar gehou of glad nie van haar gehou nie, want sy het altyd sterk standpunt ingeneem. Sy het geweet waarvoor sy staan en sy was een van daardie persone wat in hierdie Huis ’n verskil gemaak het. Sy het geglo daar moet gereageer word op wat sy gesê of gedoen het en dit was op verskeie wyses hanteer.
Namens die VF Plus wil ons ons opregte medelye oordra aan haar gesin, die party, haar kollegas en aan ons nasie wat hartseer is oor ’n Minister wat ’n bydrae gemaak het, maar wat vandag nie meer daar is nie. Baie dankie. (Translation of Afrikaans speech follows.)
[Dr C P MULDER: Hon Speaker, Dr Manto Tshabalala-Msimang was a senior member of this House and she served here since 1994. During that time, we all got to know her very well through the contribution she made. She was a politician who had the privilege of seeing the ideals she had pursued over the years realised when she came to Parliament. With the type of approach she had, she could be a part of the government she had worked for and believed in.
Dr Tshabalala-Msimang was the kind of politician towards whom no one could actually adopt a neutral position. I think people either liked her a lot or did not like her at all, because she always took a strong line. She knew what she stood for and she was one of those people who made a difference in this House. She believed that there should be a response to whatever she said or did, and this was dealt with in several ways.
On behalf of the FF Plus, we would like to convey our sincere condolences to her family, the party, her colleagues and our nation which is mourning a Minister who had made a contribution, but who is no longer with us. Thank you.]
Mrs C DUDLEY: Deputy Speaker, the ACDP conveys our sympathy to the family and friends of the late hon Dr Manto Tshabalala-Msimang.
Dr Tshabalala-Msimang’s absolute devotion and loyalty to serving her country and her President was always very evident. Close friends describe her as a person who worked tirelessly to improve the lives of South Africans and as a person particularly dedicated to the needs of women, children and the poor.
I came to Parliament in 1999 and became a member of the Health portfolio committee not long after she became Minister of Health. As Minister of Health during President Mbeki’s administration, Dr Tshabalala–Msimang was in an unenviable position and her decision to embrace the President’s views regarding HIV and Aids meant she became directly responsible for the devastating results of such a view. While Dr Tshabalala-Msimang often seemed dismissive of concerns, she bravely faced unrelenting personal attacks.
Much of what Dr Tshabalala-Msimang achieved is, therefore, overshadowed by the great sadness surrounding this very trying period emanating from her absolute devotion to what became her cause. On occasion Dr Msimang had referred to her involvement with her church and the ACDP hopes she found peace in her turmoil and that she has gone to be with her Maker. Thank you.
Mrs M N MATLADI: Deputy Speaker, Dr Manto Tshabalala-Msimang was one of the women of rarest quality that South Africa has ever produced. She was a competent, professional, confident and dignified lady who served South Africa with great love and dedication.
When news of her passing was announced, the UCDP felt the sadness and great loss for this country of a true patriotic daughter of the soil. We send our heartfelt condolences to her family, friends and her political party, the ANC. The UCDP says, “Goodnight Manto, for we shall meet tomorrow. Goodnight!” Mr R B BHOOLA: Deputy Speaker, on behalf of the MF, we extend our heartfelt condolences to the family, friends and loved ones of the beloved Dr Tshabalala-Msimang. Dr Tshabalala-Msimang had experienced South Africa through the difficulties of apartheid to the liberation of a democracy.
We are each given this life for a reason, purpose and meaning. We offer our condolences to the ANC on the loss of this great comrade and pray that her work and influence will be carried through. Dr Tshabalala-Msimang is also reported to have been a great academic and active in politics.
May she be an example to so many South African women and families to see the value in investing in female education. We pray that peace be granted to her and may her soul rest in peace with the grace of God Almighty. Thank you.
The MINISTER OF HOME AFFAIRS: Deputy Speaker, hon Deputy President, hon members, life is a journey none of us ever chose to start. It is also a journey that very few ever decide to end.
Hon Mantombazana Edmie Tshabalala-Msimang’s life ended on 16 December 2009, on Reconciliation Day. Her health had begun to fail, but she bore her illness with fortitude and courage and never stopped doing what needed to be done. The journey of our lives is like a tapestry that we weave every minute of our lives through our deeds.
Hon Manto’s life is a rich tapestry of courage, dedication and service. Hailing from Mvume, in KwaZulu-Natal, she dedicated her entire life to the service of this country, both during the struggle for liberation and then in the creation of a better life for all. She understood then as we do now that education is not only essential but has to be life-long.
Having left the country after responding to the call of the ANC leadership, armed with a BA degree, she went on to become a medical doctor. Later she obtained her Master’s in Public Health. She was fluent in English, isiZulu, Russian and Kiswahili. She was an intellectual and she loved intellectual debates. It was therefore not an accident of history that she was an hon member of this hallowed Parliament from the dawn of a democratic South Africa until the end of her days.
Having spent nearly three decades as one of the selfless soldiers in the ANC, who belonged to the esteemed Luthuli detachment, she was more than ready to be part of this House. Notwithstanding her academic achievements, she continued to participate within the ranks of the movement in exile and was one of the founder members of the ANC health department, which was to play a critical role in the formulation of the future health policy in a democratic South Africa. It also ensured that health workers were mobilised in all the regions and rendered services to all the regions of the ANC and in the MK camps.
As a member of this Parliament, she first served as a chair of the Health portfolio committee. That committee had some of the stalwarts like the late Adelaide Tambo, Mama Albertina Sisulu, Bertha Gxowa, hon Macho Njobe, the now ambassador, Abbey Nkomo, Mike Ellis, as he has said, and many others.
She was a dignified, disciplined and hardworking chair of that committee, who never forgot that this was an important terrain of struggle for a better life for our people.
Hon Manto Tshabalala also never lost sight of the centrality of the struggle of the emancipation of women. Neither did she forget the role of women in the liberation struggle. Hence, during the transitional period, Comrade Manto, like most members of the ANC Women’s League, demanded that the ANC be true to its belief in the principle of nonsexism by ensuring representation of women during the Codesa negotiations.
Some will remember that period when women were not part of the negotiations at Codesa and Manto was one of the people who made sure that eventually women from all parties participated. Comrade Manto mobilised women in other political parties to ensure that the voice of women was heard during the negotiations and also during the writing of our Constitution.
We are proud that our Constitution today reflects the nonsexist character of the society that we wish to build, thanks to contributions of people like the late Comrade Manto Tshabalala-Msimang.
When former President Nelson Mandela appointed her as the Deputy Minister of Justice, as a committed gender activist she brought that fresh perspective to Justice. She is also widely accredited for the campaign of 16 Days of Activism for No Violence Against Women and Child Abuse, a significant event in the country’s calendar.
Later, former President Thabo Mbeki appointed her as the Minister of Health. In her role as the Minister of Health, Comrade Manto touched the lives of thousands of our citizens. She endeavoured to transform the health sector into one that recognised the right of every citizen to a life of dignity and equality.
Dr Tshabalala-Msimang was able to improve basic services and reduced the price of medicine by bringing generic medicines to the fore. She continued with the antismoking campaign. She played a pivotal role in the Global Anti- Tobacco Treaty. In 2000 the Luther L Terry Award from the American Cancer Society was bestowed on her for her effective work in tobacco control.
She received an award from the World Health Organisation in 2004 for her commitment and delivery on intercountry and cross-border collaboration on malaria. She was also a goodwill ambassador of the AU to promote maternal child health and promote child health survival and development in Africa beyond 2015.
Of course, hon Manto was also a very disciplined cadre and she stuck to discipline in her work. And I want to quote Comrade Joel Netshitenzhe on what he said about Manto when it comes to the Aids debate:
It is this steadfastness to principle, sometimes to a fault, that pitted Manto against many in the debates on HIV/Aids - and she insisted on separating the two because she argued quite logically that infection was not the onset of the syndrome. People can and should lead normal, healthy lives even if they have the virus. Precisely because it attacks the immune system and because there is no cure, the HI virus needed to be confronted first and foremost in prevention, secondly in strengthening the immune system through a healthy diet and lifestyle, and thirdly, through a combination of these elements, the treatment of secondary infections, and antiretroviral medication. This was and remains government policy.
Hon Manto Tshabalala was also a chair of the Social cluster of Cabinet, a task that she undertook with enthusiasm and resolve. In 2008 she was appointed, by former President Kgalema, as the Minister in the Presidency and even there we know that she insisted on equality in everything that was done in the quest for nonsexism. At the time of her death she was a backbencher, a position she accepted with the humility and discipline of a true cadre of our movement.
Comrade Manto loved the ANC. Her protector, Mr Motaung, at the night vigil, told all of us a story about how Comrade Manto would be working till late at night and when the protector showed irritation when they left the office and she still wanted to go somewhere, she would then stop when he asked, “Where are we going next, madam?” She would keep quiet and start singing the song I-ANC iyasetshenzelwa [You work hard for the ANC] [Applause.]
She would sing this song for a couple of minutes until she realised that the protector had calmed down, and understood that it was not her personal work but the work of the ANC and of the nation. That’s how she loved her movement - but that meant she loved her own people and her country. [Applause.]
She was an exemplary Member of Parliament. I don’t remember this House ever calling on her to improve her discipline. She was always disciplined. And of course she added colour to the decorum of the House. She was a lady, she liked style and indeed she was like many other Members of Parliament with their hats at the opening of Parliament. Parliament has indeed lost an exemplary member, but the ANC and the alliance have lost a stalwart, a heroine of our people.
Indeed, as we continue to work towards building a democratic country, built on the rights that are enshrined in the Constitution, let us reflect on our collective achievements, challenges, valuable lessons learnt, and let those propel us forward. And let us honour the memory of Comrade Manto Tshabalala- Msimang, by carrying on what she did, and did so well - the struggle for liberation and the emancipation of women; the struggle to push back the frontiers of the poverty that is still rife amongst our people.
Let us fight for education and make sure that our children are as educated as she was. Let us also carry on with the courage that Manto had. She was a very courageous comrade. Few are as courageous as she was.
She also had a sense of humour. As Joel wrote in his piece, towards the end, when she wasn’t feeling well, she would say: “Ayi, engathi lesi sibindi asingithandi.” [Uhleko.][“No, it seems like this liver does not like me.” [Laughter.]]
She was truly an ANC cadre, and let us follow in her footsteps. It does not mean that if you are a true ANC cadre everybody will agree with you. That will not happen, but you must stick to what you know, what you believe in, what your organisation wants you to do. [Applause.]
As Parliament dips its banner in honour of this heroine, we extend our heartfelt condolences to her husband, Uncle Mendi, her brother and sisters, two daughters, sons-in-law, grandchildren and the entire Mali, Tshabalala and Msimang families.
May her soul rest in peace! Long live the spirit of Comrade Manto Tshabalala, long live! [Applause.]
The DEPUTY SPEAKER: Will members please rise and observe a moment of silence in memory of the late hon Dr Manto Tshabalala-Msimang.
The condolences of the House will be conveyed to the Msimang family and to the ANC.
Debate concluded.
Motion ageed to, members standing.
MOTION OF CONDOLENCE
(The late Mr J Schmidt)
The CHIEF WHIP OF THE OPPOSITION: Madam Deputy Speaker, I move without notice:
That the House -
1) notes with deep regret that hon Cobus Schmidt, MP, tragically lost
his life in a fatal motor vehicle accident in Welkom on Monday, 23
November 2009;
2) further notes that the late hon Cobus Schmidt served on the
Portfolio Committee on Energy and was a model constituency MP in
the southern Free State region;
3) acknowledges that the late hon Schmidt commenced his political
career in 2000 at which time he acted as a councillor and as the
deputy headmaster of Reseamohetse Primary School;
4) recognises that the late hon Schmidt was a true patriot who was
devoted to his country and that he will be remembered as a
dedicated and selfless representative of the Free State;
5) further recognises that he will be deeply missed by all of his
colleagues in the Democratic Alliance and by the community which he
selflessly served for so many years; and
6) extends and expresses its sincere condolences to his wife Karin,
their young daughter, his family and all who loved him.
Mrs E THABETHE: Madam Deputy Speaker, Deputy President, members of the executive, Members of Parliament, the views that we shared and those of the hon member Schmidt were different, and fundamentally so. However, it was not in an acrimonious way. We met him in June when he was allocated to serve on the Energy committee, and that was the first time that I got to know him.
Although he was in Parliament for a short time, unlike other members who had 30 to 40 years, through our interactions it was as if we had known each other for a long time. One could gather that he was a dedicated member and a very hard worker. He was always on top of issues that informed public discourse in the area of energy in which his party, the DA, had deployed him.
Although we were on different sides of the political fence, we both understood that we were there to ensure that we are building a nation united in its diversity. Hon Schmidt was a true patriot who believed and understood the founding principles of our constitutional democracy. He contributed immensely to escalating the debate pertaining to energy, especially with regard to Eskom and its centrality to our future economic growth and prosperity.
As members of this House, we are here to deal with the masses of our people who voted for us, and he did exactly that. As I then went through his CV, I learnt that he was a former deputy headmaster of Reseamohetse Primary School in Theunissen in the Free State. He was a community activist who understood the toil and suffering of the poor in Theunissen. He lived by principles and was able to ensure that he could deal with the issues first- hand.
On 1 February, Members of Parliament and members of the Portfolio Committee on Energy paid tribute; and some of them, like Mr Selau, said that they even remember the late Schmidt when they go to do oversight work outside the precincts of Parliament because he would always talk about work issues. Mrs Mathibela also expressed words of condolence and said that Mr Schmidt was a hands-on and pleasant person to work with. She will always remember him.
Mr Nchabeleng stated that when he met him for the first time, he looked at his face and he looked like a very serious person, and he greeted. They were smoking together in the smokers’ room when Mr Nchabeleng asked for a box of matches. But before he even finished asking for a box of matches, Mr Schmidt gave him a lighter. Mr Nchabeleng then realised that this person really was very embracing.
By only looking at his face, you might have thought he would tell you to go. Mr Nchabeleng also said he will forever remember the first time he met him rather than what he thought of him. He saw that Mr Schmidt was a different person and a colleague.
Another member, Ms Moss, also explained that because of Mr Cobus Schmidt’s input - he was always forthright and tacked issues head-on - she believed that we were supposed to have had more time to work with him, but we couldn’t.
Some of the members expressed the notion that it is a pity that we don’t tell members while they are still alive, even annually, that they’ve done very well during the year while serving on the committee. We keep quiet. When they are no more, we then say all the nice things about them.
With regard to his duties as a committee member, yes, I do agree. He was a very forthright person who spoke his mind, but I am sure that the former Speaker and the former Deputy Speaker, the one who left to be the Deputy Minister of Economic Development, will be very happy to hear that Mr Schmidt used to carry his laptop into the portfolio committee meetings. They were discussing issues and then did presentations much faster and raised their hands afterwards.
But, Chairperson, this is not a fact; here is the correct information about what he used to do all the time. He always used to encourage other committee members to use their laptops because they are very informative. He was the type of person who used to take his work seriously, with passion, even if he disagreed with you. As far as I am concerned, he was a gentleman. He was very humble but he would raise his issues very strongly. Even if he didn’t agree with you, he did that with humility and very respectfully. I believe that we need such Members of Parliament because we are here for the one purpose of doing work and ensuring that we can work together.
He was a shadow minister for the DA with regard to energy issues. In terms of his research, Eskom was the major part of his work. He was even prepared to go and investigate the issue of coal that was disappearing at Eskom. He would then come back to the committee to say this is how we must do things, and this is how we can get rid of these problems so that Eskom can do good things.
He would ask me, as the chairperson, how we could deal with Eskom issues. It is a pity that he had to go before he could even deal with some of those issues.
He was very clear that the former chief executive officer must leave because he didn’t belong there and had not done one, two, and three. He said so openly in the committee. The CEO came to explain the issues relating to overspending. After that, hon Schmidt was very happy that at least Mr Maroga came to the committee to explain, but Mr Maroga is a gentleman.
He accepted all the things that were explained and after that we were able to have a very positive way forward to take action. But our mission was not yet finished. He said that in a very good way, not in a negative way, and we will miss that good way in the committee because he was a very dedicated person. That is what I experienced in the few months that he was on the committee.
What I also experienced is that he used to talk about Eskom even if we were socialising. This also happened when we were on an oversight visit to Coega last year, where we held a formal dinner. People started talking about other things, but hon Schmidt and hon Selau were talking about energy issues. Then I said to him, “No, Mr Schmidt we are here to socialise a little bit. Just relax a bit. We will deal with the issue of Eskom and the coal later in the committee. We are in Port Elizabeth and Coega is saying we must relax. This is a relaxed dinner.”
He could even stay until late; he liked a bit of that. We also went to Mozambique with him, through Parliament. We were visiting the solar. After the workshop and the conference, they went and came back in the early hours of the morning and he was not able to come when the meeting started! [Laughter.] He wrote a note to me saying: “Chairperson, I am very sorry, we went to another spot where we were just looking at the fish and when we decided which one we wanted, they toasted it for us. We enjoyed ourselves and we were able to dance to the music. I really enjoyed myself and I am here now, we will discuss everything else.”
But then I learnt that he was not the only one and that he was with some members of the committee; it was a three-member delegation! [Laughter.]
When we went to Coega, I already knew what he liked to do after hours. So we relaxed and talked, discussed and danced and so on. I mean that is what we are going to miss about him because he was a jolly person. When he had to do his work, he did just that. When we had to socialise, he did so until the early hours of the morning.
However, I made him aware of my disapproval of his socialising until the early hours. I told him he could overindulge in fish or other stuff but he must ensure that at 9:00 or 10:00 he was in the meeting. Further, I warned him if he did not adhere to this, he would never be part of my delegation again. He promised me that it was the last time. He apologised and I accepted his apology.
Let me thank the committee secretary, Peter Mbele, for attending the funeral, and also thank the representative from the department, through the Minister, for being able to attend the funeral, and Mr Motau. Although he is our member, he represented the committee very well.
We hope that you will keep up the spirit because this was a real activist. I’ve never seen such a person. When you were looking at him, you would think he wasn’t doing community work. He knew his story very well. But then I realise that he taught in that type of school, and that is where he learnt a lot about community work.
So he was not one to thumb-suck; he was talking about the real thing. And he was an activist to me and much more than a deputy headmaster. He was able to grasp the issues. He was a lovely and good person to work with. I know that we will miss his energetic inputs, robust and at times a little bit rough. However, he would say that those were the facts.
I hope that we will be able, as the committee, to ensure that we keep up that spirit in the committee. We will remember him all the time and he will always be in our hearts. We are not going to see him again but his work will follow him. He made a difference during a short stint. I thank you. [Applause.]
Mr P D DEXTER: Deputy Speaker, it’s always a sad occasion to speak about the loss of any member of this House, especially when somebody is snatched away before his contribution is over. Jacobus Schmidt played a pivotal role in the committee – the chairperson has already spoken about him and his energy, independence and diligence. He has set a standard against which we have to measure ourselves in the committee, as he did. It is very rare to have such a person. I enjoyed his wry sense of humour and he certainly didn’t suffer fools gladly. If anyone from one of the parastatals in the department came unprepared, we could all relax knowing that Cobus would tackle them and they would leave with their tails between their legs. On one occasion, I saw him reduce a person to shivering with his laptop in front of him. He was a formidable person.
As has been said, one other interesting thing about him is that he was a passionate public servant. I’ve learnt a little bit about his role as a councillor and an activist in the Free State where he came from. It left a huge impression on me that we still have such politicians in our country, who, despite our not having constituencies as such, are so deeply rooted in their communities and their constituencies. His track record speaks for itself in this regard. We need more public servants of that nature.
I’d like to pay tribute to him. As the chairperson has said, he contributed to a very interesting nonpartisan approach in the committee. It’s one of the few places in this Parliament where I’ve seen so much interaction that is not based on party-political lines but on issues. We are not only paying tribute to our chairperson but also to the hon member who contributed in such a spirit.
Our condolences go to his family, friends and colleagues. He will be sorely missed and his spirit will live on in his work in the committee. Thank you. [Applause.]
Ms H N MAKHUBA: Hon Speaker, it is with utmost sadness and shock that the IFP learnt of the untimely passing of the late hon Jacobus Schmidt at the end of last year. Although the late hon Schmidt was only a member of this Fourth Parliament for a relatively short period of time, he made a significant impact on the committee he served.
Mr Schmidt, as a DA shadow deputy minister of energy, exposed Eskom’s failures and addressed the critical shortcomings within the parastatal. He played an active role in the portfolio committee and it quickly became clear that he had a passion for energy matters and that he was fully committed to serving the people of South Africa by holding the executive to account.
In 1993, Mr Schmidt became a teacher at Concordia Secondary School in Theunissen. This school was started to educate underprivileged black children in a conservative white community. Along with other pioneers of the Concordia School, he received acclaim for his teaching work in previously disadvantaged communities.
In 1996, he was promoted to deputy principal of the Reseamohetse Primary School and, with the help of the management team under his exceptional leadership, the school became the best performing primary school in the Free State for four consecutive years.
It is obvious that Mr Schmidt had a passion for people. He was a true leader and he worked tirelessly for a better South Africa for all whether here in Parliament or back home in his constituency. The IFP conveys its heartfelt condolences to hon Schmidt’s friends, family and the DA. [Applause.]
Mr L W GREYLING: Deputy Speaker, it is always tragic when people you have worked with pass away before their time. I was shocked to learn about Mr Schmidt’s death last year. I briefly knew him during his time on the Portfolio Committee on Energy.
Although this was his first term as a Member of Parliament, he quickly grew into the position and proved himself a very capable parliamentarian. His presence will certainly be missed in this committee. On behalf of the ID, I would like to offer his family and the DA our sincere condolences during this difficult period. I thank you. [Applause.]
Dr C P MULDER: Adjunkspeaker, anders as baie van u in die Huis, het ek nie die geleentheid gehad om die agb lid Cobus Schmidt regtig goed te leer ken nie. Hy was maar eintlik vir ’n baie kort tyd ’n lid van ons Huis gewees. Hy het hier gekom na die vorige verkiesing, en ons paaie het nie regtig so gekruis dat ons op dieselfde portefeuljekomitee of elders saam was nie.
Wat ek baie goed van hom sal onthou, is dat hy altyd, waar ons mekaar raakgeloop het in die gange van die Parlement of in die Marksgebou, ’n baie vriendelike persoon was wat jou vierkantig in die oë gekyk het en jou ordentlik gegroet het. Daar was ’n warmte wat ’n mens onmiddellik kon voel van ’n persoon wat vrede het met homself en wat in beheer is van wat in sy lewe aangaan.
Toe ons skielik hoor van die tragiese afsterwe van ons kollega in ’n motorongeluk op ’n relatiewe jong ouderdom, was dit ’n skok vir ons almal, want hy het maar so pas begin met ’n loopbaan hier in die Parlement, en laat ’n gesin met klein kinders en ’n vrou agter.
Ek wil graag namens die VF Plus ons medelye en simpatie betuig met sy familie, maar ook met sy party wat ’n kollega verloor het wat bestem was, glo ek, om nog ’n baie groot bydrae te lewer, maar dit was hom nie beskore nie. Baie dankie. [Applous.] (Translation of Afrikaans speech follows.)
[Dr C P MULDER: Deputy Speaker, unlike many of you in the House, I did not have the opportunity to get to know the hon member Cobus Schmidt very well. Actually, he was a member of our House for a very short time. He came here after the previous election and our paths did not really cross in such a way that we had to serve on the same portfolio committee or work together on any other structure.
However, what I will remember about him most vividly is that, whenever we met each other in the corridors of Parliament or in the Marks Building, he was always a very friendly person who looked you straight in the eye and greeted you properly. There was a warmth that one could immediately sense, of a person who was at peace with himself, and who was in control of what what happening in his life.
When we unexpectedly heard about the tragic death of our colleague in a motorcar accident, at a relatively young age, it was a shock to all of us, because he had just recently started with a career here at Parliament, and he leaves behind a family with young children and a wife.
On behalf of the FF Plus I would like to convey our condolences and sympathies to his family, but also to his party, which has lost a colleague who was destined, I believe, to make a very significant contribution, but this was not to be his fate. Thank you. [Applause.]]
Mr S N SWART: Deputy Speaker, according to the tributes it is obvious that the hon member Cobus Schmidt was devoted to his country and serving his fellow man. As has been stated, he made a significant contribution in the short time in which he served in Parliament as a shadow deputy minister of energy. He was regarded as a well-informed expert in the energy field.
Whilst we may have political differences on either side of this House and engage in robust debate, it is always extremely sad to lose one of our Members of Parliament, as we are a big family of public representatives trying to do what we believe is the best for our nation.
It is regrettable that the public does not see that side of us, the co- operation in the committees, and the socialising together with associates by the ANC members. That’s a pity because there’s a huge amount of co- operation and goodwill amongst us as Members of Parliament.
Die ACDP wil graag sy innige simpatie en meegevoel teenoor Cobus Schmidt se vrou, Karin, en sy dogter, Jani, betuig gedurende hierdie droewige tyd.
Ons gebede is met u, asook met u familie, vriende en kollegas in die DA. Mag die Here Jesus u in hierdie tyd troos. Ek dank u. (Translation of Afrikaans paragraphs follows.)
[The ACDP would like to convey its sincerest sympathy and condolences to Cobus Schmidt’s wife, Karin, and his daughter, Jani, at this sorrowful time.
Our prayers are with you, as well as with your family, friends and colleagues in the DA. May you find comfort in the Lord Jesus at this time. I thank you.]
Mr R B BHOOLA: Madam Deputy Speaker, on behalf of the MF, we extend our heartfelt condolences and express our deep regret to the Schmidt family for their irreplaceable loss.
There are many sorrows in life and one of the greatest sorrows, that no one would like to experience, is the sorrow of death. We pray that God Almighty will bestow strength, courage and fortitude on the Schmidt family to deal with their irreplaceable loss.
Our condolences also go to the DA for the loss of this wonderful person, astounding personality and remarkable individual who undoubtedly made an incredible contribution to the Portfolio Committee on Energy.
We pray that the deceased will rest in peace in the high heavens. From God we have come and unto God we shall go. May his soul rest in peace.
Mr A P VAN DER WESTHUIZEN: Madam Deputy Speaker, hon members, on behalf of the DA I want to thank the chairperson of the committee and the other speakers for the tribute that you have paid to the late Cobus Schmidt. Despite him being here for only a few months, you recognised his personal strengths and attributes. It will console his family, friends and colleagues. We wish to thank you.
I first met the late Cobus Schmidt when we arrived as freshmen at Parliament in May of last year. Sharing a bench in this House, we soon discovered that we also shared numerous other interests. We were of similar age, both with a background in teaching and local government. We quickly became more than colleagues and formed a firm friendship.
We had wonderful, long debates on a variety of topics. These debates ranged from the contents of the Belhar Confession, issues regarding local government, and the importance of school sports, to the use of English versus African languages at primary school. These debates added value to our friendship.
Mr Schmidt was a devoted member of his church and represented his congregation at the Free State Synod of the Dutch Reformed Church. It was only at his funeral that we learned of his other valuable contributions to the activities of the local congregation. His funeral was a testimony to the way in which he involved himself with various communities. He was elected as a councillor in 2000 and again in 2006. He then represented the DA on the executive committee of Masilonyana Local Municipality.
Mr Schmidt was appointed as deputy principal of Reseamohetse Primary School in 1996. What a wise move by the school governing body this proved to be! With Cobus as their deputy principal, the school excelled in every imaginable terrain. The principal, Mr Moaki, is full of praises for the contribution and legacy of the late Mr Schmidt. He contributed largely to the school being elected as the top performing primary school in the Free State. This was achieved for four years in a row.
He was most successful in raising funds from the Lottery’s trust fund for sports equipment. Mr Schmidt was the driving force behind the construction of the sports fields and vegetable gardens, complete with a borehole. He was also instrumental in the development of the netball and tennis courts at the school. All this speaks of excellent teamwork coming from a school management team comprised of leaders of the DA and the ANC, and with the former PAC chairperson in the Free State as headmaster. But what made a lasting impression was, above all, his empathy for learners from poorer communities.
Tydens verlede jaar se verkiesing was Cobus Schmidt die nommer-een kandidaat van die DA in die Vrystaat. Dit was gou duidelik dat hy oor al die kwaliteite van ’n goeie Parlementslid beskik het. Hy het die selfvertroue en vrymoedigheid gehad om vrae te stel, stellings te maak en aan debatte deel te neem. Ek kon dit dikwels net bewonder. ’n Mens kon nie help om te sien dat hy hom volkome in sy nuwe beroep as Parlementslid en politikus uitgeleef het nie.
Hy was bereid om baie ure se navorsing te doen oor energie. Dit was ’n onderwerp wat, volgens sy eie erkentenis, vir hom totaal onbekend was. Deur diepgaande studie en gesprekke met mense wat naby aan Eskom se hoofbestuur was, het hy gou tot die besef gekom dat die volle omvang van die redes waarom Suid-Afrika aan die begin van 2008 kragonderbrekings gehad het, nooit geopenbaar is nie.
Hy het geglo dat dit in die eerste plek nie die vertraging met die bou van nuwe kragsentrales was wat die land se ligte laat afgaan het nie. Volgens hom was die kragonderbrekings die gevolg van ’n kombinasie van swak bestuursbesluite.
Faktore soos die verlaging in steenkoolvoorrade by kragstasies, korrupsie met aankoopprosesse en die onverantwoordelike gebruik van onervare entrepreneurs vir die lewering van steenkool, het hierdie groot probleme veroorsaak.
Cobus Schmidt het dit sy taak geag om hierdie toedrag algemeen bekend te maak. Op sy sagte, dog ferm manier, het hy gesorg dat die betrokke persone verantwoordelikheid vir hierdie probleme begin aanvaar het. En so het hy ’n belangrike bydrae gelewer dat ons land se ligte sedertdien kon aanbly. Dit is dus tragies dat sy eie lewenslig so vroeg geblus is. Namens die DA dank ons sy familie, maar veral die Hemelse Vader, vir die tyd wat hy aan ons geleen is. Ons harte gaan uit na sy familie, insluitend sy ouers, maar veral na sy vrou, Karin, en hul sewejarige dogtertjie, Jani.
Wees daarvan verseker dat ons sy nagedagtenis nog lank in ons harte sal koester. Dankie. [Applous.] (Translation of Afrikaans paragraphs follows.)
[During last year’s election Cobus Schmidt was the DA’s top candidate in the Free State. Very soon it became clear that he had all the qualities of a good parliamentarian. He had the self-confidence and boldness to ask questions, make statements and participate in debates. Often I could only stand in awe of this. One could not help but notice how he completely realised himself in his new profession as a Member of Parliament and politician.
He was willing to spend many hours doing research on energy. It was a subject which, by his own admission, was totally unfamiliar to him. Through in-depth study and consultations with people who were close to Eskom’s top management, he quickly concluded that the full extent of the reasons why South Africa experienced power failures at the beginning of 2008, was never revealed.
He believed, in the first instance, that it was not the delay in building the new power stations which plunged the country into darkness. According to him the power failures were the result of a combination of poor management decisions.
Factors such as the reduction in coal reserves at power stations, corruption with regard to procurement processes, and the irresponsible use of inexperienced entrepreneurs for the delivery of coal were the causes of these major problems.
Cobus Schmidt regarded it as his duty to expose this state of affairs. In his gentle yet firm manner he saw to it that the persons involved began to accept responsibility for these problems. And in so doing he made an important contribution to ensure that our country’s lights could remain switched on since then. It is therefore tragic that the light of his life has been extinguished so early.
On behalf of the DA we thank his family, but especially the Heavenly Father, for the time that he was allowed to be with us. Our hearts go out to his family, including his parents, but especially to his wife, Karin, and their seven year old daughter, Jani.
Rest assured that we shall treasure his memory in our hearts for a long time to come. Thank you. [Applause.]]
Debate concluded.
Motion agreed to, members standing.
STATEMENT BY MINISTER OF TRADE AND INDUSTRY ON INDUSTRIAL POLICY ACTION PLAN
The MINISTER OF TRADE AND INDUSTRY: Madam Deputy Speaker, Mr Deputy President and hon members, today we are tabling and also making public the 2010-11 to 2012-13 Industrial Policy Action Plan, Ipap. In fact, from 16:00 onwards, the full Industrial Policy Action Plan narrative document can be downloaded from the DTI website at www.thedti.gov.za, as well as the government website, www.gov.za.
Ipap 2, as it has become known, builds on the National Industrial Policy Framework, NIPF, and the 2007-08 Ipap. It represents, in our view, a significant step forward in scaling up our efforts to promote long-term industrialisation and diversification beyond our current reliance on traditional commodities and nontradable services.
The purpose of Ipap 2 is to expand production in value-added sectors with high employment and growth multipliers capable of competing in export markets, as well as against imports in our domestic market. In so doing, Ipap also places emphasis on more labour-absorbing production and services sectors, increasing the participation of historically disadvantaged people and regions in our economy. We believe it will facilitate, in the medium term, South Africa’s contribution to industrial development on the African continent.
Manufacturing and other productive sectors of the economy need to be engines of long-term sustainable growth and job creation in developing countries such as our own. However, South Africa’s recent growth has been driven to too great an extent by unsustainable growth in consumption, fuelled by credit extension.
Between 1994 and 2008, consumption-driven sectors grew by 7,7% per annum, as compared to productive sectors which grew by only 2,9% per annum. This has been a significant factor behind the reality that, even at the peak of our growth where it touched 5,1% per annum between 2005 and 2007, unemployment never fell below 22,8% of the economically active population.
Manufacturing, which constitutes a sizeable chunk of our value-added production, has not enjoyed sufficient dynamism. Our analysis, which is the product of significant engagement and self-discovery with key stakeholders, tells us that this is due to a combination of factors. These include a volatile and, at times, insufficiently competitive exchange rate for our currency; the high cost of capital relative to our main trading partners, particularly that capital directed towards value-added sectors such as manufacturing; the monopolistic provision and pricing of key inputs into manufacturing; an aged, unreliable and expensive infrastructure system; a skills system too weak to sustain the skills necessary for production; and the failure to adequately leverage public capital and other large and repetitive areas of public expenditure.
These weaknesses have been exacerbated by the global recession. Taken together, they pose enormous challenges that make it imperative that we upscale our industrial policy efforts, building on the achievements of the 2007-08 Ipap.
The 2010-11 to 2012-13 Ipap rests on four cornerstones, which are spelt out in detail in the document which is being tabled today.
Firstly, government intends to develop proposals to enhance access to concessional industrial finance on terms comparable to those of our major trading partners. Our analysis shows that, at the moment, industries in competitor countries have greater access or more favourable terms than do industries in South Africa.
Through addressing this weakness, we believe that we can promote increased investment in Ipap priority and other productive sectors to generate a mix of import replacement and value-added exports production which will help reduce the current account deficit and the balance of payments risks. Increased supply by productive sectors will also help lower price pressures, and hence assist in moderating inflation. This will also contribute to the medium- to long-term objective of diversifying the structure of our economy. Secondly, government will revise procurement legislation, regulations and practices to enable the designation of large, strategic and repeat or fleet procurements of a range of key inputs into infrastructure development programmes.
This will aim sequentially to increase the proportion of competitive local procurement in successive phases of major tenders, which will, in turn, enhance supplier development opportunities and support meaningful broad- based black economic empowerment, BBBEE.
Thirdly, government will deploy its trade policies more strategically. This includes intensifying our campaign led by the SA Revenue Service, Sars, against practices such as customs fraud, underinvoicing, smuggling and illegal imports, all of which profoundly undermine productive capacity and employment in the economy. Trade policy instruments such as tariffs will be deployed on a strategic basis informed by the imperatives of our sector strategies.
Standards, Quality Assurance and Metrology, SQAM, institutions and practices, otherwise known as technical infrastructure, will be strengthened more effectively to lock in South African products in export markets while locking out substandard import products that undermine local production.
Fourthly, anticompetitive practices will be targeted, particularly where these increase the cost of intermediate inputs into downstream labour- absorbing industries, as well as where they impose unfair price rises on consumer goods for low-income households.
Amongst products which will be focused on are products such as carbon and stainless steel, chemical polymers, fertilisers and aluminium. We will build on the very positive achievements of the competition authorities in the recent past.
These cross-cutting interventions will apply across the board. They will also be customised to underpin focused and significant interventions in three clusters of sectors.
New focus areas will include, firstly, metals fabrication; capital and transport equipment, which we see as major new opportunities for growth; and the creation of decent work arising from the infrastructure investment programme.
Secondly, there will be a focus on green and energy-saving industries. This will involve quick wins like the manufacture of solar water heaters which regulations will require to be in new houses in the near future.
Thirdly, there will be a greater focus on agro-processing industries. In addition, Ipap 2 will build on and broaden interventions in sectors which were identified in the first Ipap. These include the automotive and components sectors where there will be a new focus on medium and heavy industries, as well as public transport vehicles through inclusion in the automotive production and development programme. These sectors will include the plastics, pharmaceuticals and chemicals industry; and the clothing, textiles, footwear and leather industry where a new incentive scheme has been developed. They will include biofuels; forestry; paper, pulp and furniture; cultural industries and tourism; and business process outsourcing, BPO, services or so-called call centres.
The third cluster will focus on sectors in which we have the potential to develop long-term advanced capabilities in areas such as the nuclear industry, advanced materials and aerospace.
In each of these sectors, a careful and strategic combination of policy instruments is set out in detail in Ipap 2. Ipap 2 is a product of extensive collaborative work by the economic sectors and employment cluster of Ministers. Its adoption by the national Cabinet follows extensive engagement throughout government departments, SOEs and various other public institutions. It was also widely canvassed with labour and business organisations and, indeed, its conceptualisation was formed through exercises of self-discovery with organised labour and business.
Ipap 2 is but one component of our broader efforts, as government, to integrate interrelated policies to place us on a new growth path, as mentioned by the Minister of Finance yesterday. That work is being led by the Minister of Economic Development, Minister Ebrahim Patel.
Ipap 2 is, from 16:00 onwards, a public document. The Portfolio Committee on Trade and Industry has scheduled public hearings to allow for further consultation. It will also be formally presented to the National Economic Development and Labour Council, Nedlac, Trade and Industry Chamber in the near future. The DTI remains open to further concrete proposals and suggestions to strengthen the action plan, bearing in mind, in particular, that this is a three-year rolling action plan.
Ipap 2 is a living document which outlines a range and combination of industrial policy interventions and instruments to address the critical challenges of our economy. It will, from now on, take the form of a three- year rolling action plan, which will be strengthened and refined on an annual basis.
Ipap will identify the leading and partner departments and institutions responsible for its implementation. It underlines the necessity for the integration and alignment of the work of government departments and institutions. It identifies the constraints and risks, economic rationale, economic outcomes expected, and key action plans, KAPs, for each one of these areas.
It attaches ambitious but realisable timelines for this work. Its implementation will be reviewed and monitored against these measurable actions, and it will be the subject of annual amendments and strengthening.
It is estimated that the Ipap will result in the creation of 2 477 000 direct and indirect jobs over the next 10 years. It will diversify and grow exports, improve the trade balance, build long-term industrial capacity, grow our domestic technology, and catalyse skills development.
It is neither a wish list nor a set of unattainable objectives. It is an action plan which, like any other, will require sustained and focused work and perseverance if it is to succeed - which it must. Above all, it is a call to our workers, industry, business leaders, public servants, and citizens at large to join hands with government in building our economy and a better life for all. By working together, we can do more. [Applause.]
In conclusion, I want to thank the staff of the Department of Trade and Industry and, in particular, the director-general, Tshediso Matona and the Deputy Director-General of the Industrial Development Division, IDD, Nimrod Zalk, who’ve worked on the policy and action plan.
I also want to thank officials from other government departments who participated in the regular industrial policy meetings which we held to produce the current Ipap. My gratitude also goes to my fellow Ministers and Deputy Ministers in the economic sectors and employment cluster for their contributions and support.
Finally, I am indebted to Deputy Ministers Thandi Tobias-Pokolo and Maria Ntuli for their indispensable support. We place the Ipap 2 on the table, and we look forward to the engagement by Parliament. Thank you very much. [Applause.]
Mr S J F MARAIS: Deputy Speaker, the South African industrial policy has fundamental flaws in both its implementation and ultimate goal. Economic activity will suffer as a result of this. The Ipap of 2007 has not delivered the promised results. The problem is not that there is not enough money involved, far from it; neither is the range of industries available a challenge. South Africa has a remarkably diversified range of manufacturers.
The problem is rather the goal of the ANC-driven industrial policy to ingrain the bureaucracy of the state into otherwise health business activity.
The shotgun approach to industrial policy - giving small bits of help to everyone - is not the solution. We do not need bigger budgets for industrial policy, but we need smarter and more targeted policy to help those industries which would be able to sustain themselves. Only then will South Africa be able to create more sustainable jobs by building competitive and lasting industries. The jobs that are created must be able to include those unskilled workers outside of the economic activity. Transferring skills is real empowerment.
The DA certainly supports the focus on labour-intensive industry, but the question remains: Why does a certain company or sector need support in the first place? It is not to say that an industry must be labour-intensive; crime is also labour-intensive.
The companies that receive taxpayers’ funds must add value to South Africa’s economic development, and must be able to exist on their own after an initial period of government assistance. If this is not the rule and not followed, then the so-called industrial policy is nothing other than a protectionist scheme for businesses kept alive unnaturally at the expense of taxpayers.
The true test of whether an industrial plan is working is not the number of firms that rely on government assistance to survive, but the number of firms that progress to be strong enough to do without further government help. The South African industrial plan has failed in this regard so far. The revised Ipap seems to be little more than a continuation of the previous regime. Dr Davies said that Ipap 2 builds on the policy framework of 2007, but there seems to be little more than a few minor alterations.
Minister Davies further argues that the exchange rate is to blame for South Africa’s lack of competition. That is certainly not the whole truth. We are now just another competitor in the global environment. It is, amongst other things, the stringent labour market regulations and failing infrastructure that are problems in this country. And that certainly requires government’s intervention.
Finally, Minister Davies seems to think that government can lift the competitiveness of South African companies by enforcing import tariffs more stringently. Our interaction with business has shown that what is needed is to ensure equal opportunities for South African enterprises to compete equally with the rest of the world.
A blanket enforcement of import tariffs is not the solution. What is needed is active participation by the department in trade negotiations, amongst other things, at the World Trade Organisation, WTO, and beefing up the South African adjudicators, International Trade Administration Commission, Itac, together with Sars, to guard against dumping and unfair business practices of trade competitors.
Die DA het die wil en die insig om konstruktief by te dra. Ek kan u verseker dat ons alles in ons vermoë sal doen om aan die debat deel te neem, sodat ons uiteindelik beter aksieplanne op die tafel kan sit. Ek dank u. [Applous.] (Translation of Afrikaans paragraph follows.)
[The DA has the will and insight to make a constructive contribution. I can assure you that we will do everything in our power to participate in the debate, in order for us to table better plans of action at the end of the day. I thank you. [Applause.]]
Ms C M P KOTSI: Chairperson, the Minister, like Lady Macbeth, is protesting. Firstly, he tells us that what he announced today is an action plan, but what does the language say? It says the government intends to secure concessional industrial financing, will revise procurement in legislation, will deploy its trade policy more strategically, will target anticompetitive practices and will build on and broaden interventions in identified sectors.
Once again, too many intentions and too few deals done. We are being subjected to too much form and too little substance. Today we assumed that the government had finished planning the new industrial policy and the Minister was going to announce when its implementation would be.
Why is such urgency important? The Minister himself acknowledges that manufacturing, which constitutes a sizeable chunk of value-added production, has not enjoyed sufficient dynamism. In fact, he is actually agreeing that, even though South Africa has had economic growth, that growth has being jobless and this has taken place over a decade.
Figures show that manufacturing has actually gone down by 12,5% as compared to previous years. Additionally, our economy utilised only 80% of its production capacity. No wonder that we lost nearly a million jobs in South Africa recently. We need this government to put a tiger in its tank and to start driving the changes that are needed now. We need a road map.
Like the Minister of Finance who is meeting with the banks, Minister Davies should be meeting with whoever it is that will be contributing to the concessional industrial financing to announce the deal and with those who have the mettle to end the anticompetitive practices.
Likewise, you should have already tabled the procurement legislation. Each day that those loopholes remain, more of our country’s assets are looted. Yesterday already, we should have put the legislation on how we are going to improve procurement.
Cope supports the green and energy-saving initiatives. That is welcome and we will abide by that. Thank you very much. [Time expired.] [Applause.]
Ms S P LEBENYA-NTANZI: Chairperson, last year the Minister announced to business that a new industrial policy action plan would be released early in 2010. Its release today is a good sign that things are moving within the expected timeframe. However, the question is whether this new plan will ensure that actual job creation and job retention are achievable within an adequate timeframe to meet the needs of our people, or whether this will be just another policy that is slow in getting off the ground and ineffective in its implementation.
The IFP has repeatedly raised the issue of a lack of a clear, crisp and coherent industrial policy. The Minister’s statement today, that the new policy will lead to the creation of 2,4 million direct and indirect jobs over the next 10 years; that it will diversify and grow exports; improve the trade balance; build long-term industrial capability; grow our domestic technology; and catalyse our skills development, must be welcomed and the Inkatha Freedom Party supports these initiatives.
However, we sincerely hope that these ambitious plans will not remain a mere wish list, but will be a significant step forward in scaling up our efforts to promote long-term industrialisation and industrial diversification.
The IFP has warned on numerous occasions that the failure to urgently address our employment crisis will come at the expense of our young people and the future of our nation. The urgency with which we need to move on this issue was highlighted by the IFP president when he spoke in the debate on Monday. Long before the economic recession hit South Africa, he warned government that it would affect us severely.
Now we are facing another hurdle in the struggle to create and retain jobs. The anticipated recessionary effects of infrastructure being completed and spending ending in respect of the 2010 World Cup will see thousands more jobs being shed by August this year. An action plan that fails to address this immediate crisis is a failed action plan.
The IFP therefore urges government to move quickly. I thank you. [Applause.]
Mr L W GREYLING: Chair, the ID believes that a number of principles need to inform our industrial policy action plan.
Firstly, it must restructure our economy to build up sustainable industries in new growth areas and not simply support old dying ones. It needs to diversify our economy away from the minerals and energy complex that has characterised our industrial growth path.
In doing this, it must substantially reduce the energy intensity of our economy and position us as leaders in clean technologies, particularly those related to renewable energy and energy efficiency.
Finally, it must create jobs at the skills levels that will enable the majority of South Africans to take them up. In doing this, it must be sufficiently integrated with our new infrastructure build programmes and the kinds of technology choices that we make over it.
The ID therefore looks forward to engaging with this plan to ensure that it actually lives up to its promise. I thank you.
Adv A D ALBERTS: Voorsitter, die VF Plus is tevrede dat die Minister ’n ministeriële beleidsaksieplan die lig laat sien het. Die regte plan wat effektief uitgevoer word, kan groot bydraes tot die land se ekonomiese groei lewer, veral ten aansien van werkskepping. Ekonomiese groei sonder werkskepping is betekenisloos vir die gewone persoon op die straat. (Translation of Afrikaans paragraphs follows.)
[Mr A D ALBERTS: Chairperson, the FF Plus is satisfied that the Minister ensured the development of a ministerial policy action plan.
When the right plan is executed effectively, it could contribute significantly to the country’s economic growth, especially with regard to job creation. Economic growth without job creation does not mean anything to the man in the street.]
One of the ways we can create sustainable jobs, become globally more competitive and ensure internal service delivery, is to bring back the lost expertise forced out of the state service and the free market by interventions like affirmative action and black economic empowerment.
In fact, in contrast to the Director-General of Labour, Mr Jimmy Manyi’s contentions, whites, coloureds and Indians are underrepresented in state departments and in the lower and lower-middle levels of corporate South Africa. These deficiencies must be addressed to create an equitable economic environment.
Furthermore, the FF Plus feels that the government must now be bold enough to start treating all young people born after 1994 truly equitably, as was the intention of the drafters of the Constitution.
As for the policy action plan itself, the Minister’s efforts to support the green industries are noted and appreciated. The further investigation into high food and banking costs is also commended. This must be a key priority in raising the quality of life in South Africa.
With regard to the government’s support in the development of the aerospace industry, special emphasis should be placed on our unique ability to manufacture satellites at a fraction of international industry costs. Thank you very much. [Time expired.]
Mr S N SWART: Chairperson, yesterday the Minister of Finance indicated that as part of the new growth path, an industrial policy action plan is needed to transform our economy towards a more labour-absorbing and dynamic one. Minister Davies has, today, given details of the three-year Industrial Policy Action Plan, which, if successful, will see South Africa become a significant manufacturer of capital equipment for infrastructure projects, both domestically and in the rest of Africa.
The ACDP trusts that this development plan will be more successful than the previous ones. It will necessitate a significant overhaul of procurement legislation and practices to ensure that the R846 billion infrastructure programme stimulates local production and job creation.
High levels of unemployment and poverty, particularly amongst the youth of our nation, must be addressed urgently. Whilst this plan will not solve the unemployment problem, its labour-absorbing focus is a step in the right direction.
Brazil, India, China and other middle-income countries are actively taking steps to improve their global competitiveness. We cannot be left behind. I thank you.
Mr R B BHOOLA: Chairperson, the hon Minister of Trade and Industry is calling for structural change in the economy. This is not an easy thing to do and we need to be realistic about the Minister’s goals. The task the Minister has set has a difficult path ahead. It is not going to happen overnight; it largely hinges upon the national Ipap, and resources must be made available in order for this to become a reality.
Minister, I would like to extend a word of caution that there are factors over which we don’t have any control, especially the global economy. It is important that all the agencies that are called upon to function optimally need to be brought to the party.
In the case of the cluster of sectors you have identified, your structural policy for each of these sectors has to be very important. Hon Minister, you have a difficult task ahead. I thank you.
Ms J L FUBBS: Chairperson, hon members of this House, colleagues, compatriots, indeed the people of South Africa, whom we believe all of us are addressing - not people in general but people in business, workers, women, youth, government and nongovernmental organisations - today we have heard the Minister of Trade and Industry outline Ipap 2, the Industrial Policy Action Plan.
We have heard various comments about it, some constructive, some somewhat confused, and yet others highly critical. However, it is my hope, and I believe the hope of everyone sitting in this House, that we can, at the very least, recognise measures that will realistically look at the real economy, realistically look at the challenges that we are facing, and acknowledge that some of the measures in the past did not deal effectively with these, and that in today’s environment we have to carve out different strategies and measures. Indeed, this is what Ipap is doing.
The Portfolio Committee on Trade and Industry last year engaged with the department and other departments and said to the various Ministers that we see the policies here but can you review this so that we can have a real planned approach, more of a project management plan, and strategies that can be implemented.
Indeed, I believe that what we all hope we can do collectively is to construct a formidable industrial base. No one, absolutely no one, would disagree that we are facing a decline in the industrial base; but with a formidable industrial base we can create jobs, overcome poverty and generate sustainable growth. [Applause.]
We believe…
… dat ons almal vir jou, Suid-Afrika, sal werk, saam werk. [… that for you, South Africa, we will work, will work together.]
We can’t do it alone. Government, business and, indeed, people and labour have to work together. We know that job creation is the only sustainable way to overcome poverty. We also know that rhetoric from this podium will not replace action, and that is what Ipap is all about. Today, when we look at Ipap, we can recognise that it is involved with increasing the value- adding strategies.
We’ve also recognised that, yes, there is a lack of skills and that this has been identified as a great impediment to growth.
Ipap itself, the President and the Minister of Finance all accept and recognise that the youth are the key population drivers in our employment challenge and that the socio-costs of employment cut across society. Skills development and the development of a new generation of skilled workers, engineers, biochemists, and those employed in knowledge-based trades will not simply contribute to the economy and the development of the industrial base, but will also develop social cohesion.
We fully support the government’s industrial policy intervention through Ipap. Someone spoke about it being a broad, generalised approach. Has that member even listened to what the Minister was saying? [Interjections.] He spoke about a sectorally identified approach, not a generalised approach to the matter. [Interjections.] Well, there are none as deaf as those who will not hear.
Raising productivity will be the main focus but, again, Ipap recognises raising productivity as one issue. We also need to raise our competitiveness here. That is absolutely important. We heard one speaker saying that we are simply not competitive enough, and we need to do this, that and the next thing. In fact, when you look at it, part of the problem of the current account is not simply the simplistic statements we have heard here today but a real understanding that we need to link macroeconomic policies to microeconomic policies. We can’t do one without the other.
With regard to this idea of concessions, I got the impression that someone thought we were playing Lotto here. We’re not playing Lotto. What we are doing right here today is that we are saying and recognising what your own businesspeople who voted for you said: Give us concessions, on the high cost of finance, on capital expenditure. Today you want to tell us that this is Lotto. [Interjections.] It is not a Lotto ticket. [Laughter.]
What it is is a concession that recognises the strategic importance of certain industries, of certain sectors. Some of these sectors are not folding because of what they are doing, or what the workers are doing, but simply because of the high cost of finance and nothing more or less.
For the following reasons I think our sectoral policies will work this time. I believe they will work for three reasons. For the first time, I have seen clearly in Parliament, put before us and unveiled, sectoral policies with key action plans, key milestones and outcomes, and we have seen identified lead departments to champion and drive the achievement of this, in what can only be described as a project management approach at the operational level; and at the political level an approach that is informed by the people and a leadership that will not tolerate any form of recalcitrance.
Ipap, I fully agree, will not work unless every department in government recognises that it is not working in a silo. The whole configuration of Ipap 2 demands that departments across clusters work together to achieve the milestones that are set out here.
Our committee, and I genuinely believe the hon Marais will work in Trade and Industry towards this, will work with other portfolio committees, in exercising our oversight of these key milestones.
We will not be moved into a situation that says we are going to build an empire of one portfolio committee. We will not be able to exercise our oversight.
So, my request and appeal to Parliament today in this House is: Let us work together as committees to strengthen our government’s intervention in the economy, to rebuild our industrial base, and let us set aside parochial party differences in this regard. [Time expired.] [Applause.]
Debate concluded.
DECORUM AND INTEGRITY IN THE HOUSE
(Member’s Statement)
Mr P S SIZANI (ANC): Chairperson, allow me to express my deepest disappointment in the events earlier this week. This Parliament belongs to the nation and not the ruling party. Insults degrade Parliament and do not enhance its credibility and its esteem.
Any member of this House who hates another member or party cannot use insults in this House to vent his frustration as an ineffectual opposition against the ruling party and the government. Cope has resorted to personal attacks and walkouts. They did not provide alternative policies to those of the ANC, which have resulted in economic stability for our country and the wealth of some in their ranks.
Drama will not win hearts and minds. Our people can only be won by effective programmes of economic restructuring resulting in job creation and poverty alleviation. The hearts and minds of our people will be won by the provision of housing, water, electricity, health and education. Only those programmes that alleviate the poverty of our people and drag them out of it will win hearts and minds.
I invite Cope … [Time expired.] [Applause.]
The HOUSE CHAIRPERSON (Mr M B Skosana): I think the Speaker and the Chief Whip of the Opposition have also adequately addressed those sentiments about the decorum and integrity of the House. That has been addressed and should be put behind us.
MEDIATION FOR ZANU-PF AND MDC IN ZIMBABWE
(Member’s Statement)
Mr K S MUBU (DA): Chairperson, the decision by the European Union to extend its sanctions against Zimbabwean President, Robert Mugabe and his cronies, is a welcome move and should be applauded by all who wish to see progress in the implementation of the Global Political Agreement, GPA, in that country. Mugabe and his Zanu-PF have stubbornly refused to fully observe and implement the GPA under the pretext that the MDC has failed to convince its colonial masters in Europe to remove the sanctions.
It should be understood that the sanctions by the EU are not against the people of Zimbabwe, but are targeted against Mugabe and close individuals with links to the reign of terror in that country. For as long as there is no progress in the implementation of the GPA, the DA supports the continued EU sanctions against Mugabe and his cronies.
The DA calls on President Zuma to act now by implementing the DA’s road map to democracy to ease tensions between Zanu-PF and the MDC and to pave the way for free and fair elections and democratic consultation in that country.
South Africa has a strong role to play in preventing politically motivated violence in the run-up to Zimbabwe’s elections and ensuring that they are not marred by political intimidation and meddling.
Mugabe has indicated time and again that he is not interested in power- sharing and despite him reneging on numerous agreements set out in the GPA, President Zuma has said nothing and provides no mediation between MDC and Zanu-PF leaders. As a champion for African democracy and a leader on the continent, South Africa is fully empowered for the role it needs to play, but President Zuma remains reluctant to act. Thank you. [Applause.]
COPE YOUTH MEMBER HELD AT GUNPOINT BY POLICEMAN IN KWAZULU-NATAL
(Member’s Statement)
Mr M E GEORGE (Cope): Chairperson, Cope is extremely concerned by an incident which took place on Tuesday, 16 February 2010, in Durban when the provincial chairperson of the youth movement, Mr Mthokozisi Myende, was trapped at gunpoint by a member of the VIP protection unit in Durban. Mr Myende was a bystander at a car accident in which the VIP protection unit member was involved.
It is alleged that the VIP policeman caused the accident, but denied this at the scene. Mr Myende, who witnessed the incident, pointed out that the officer had been at fault. The policeman is alleged to have drawn his service pistol, pointed it at Mr Myende’s head and threatened to shoot him. A shaken Mr Myende has laid charges of crimen injuria and pointing a firearm at a policeman at the Greenwood Park Police Station. We are concerned to note that the government has, on many occasions, prevented the media from reporting incidents where innocent people have been caught in the crossfire. We are grateful that the Cope youth provincial chairperson was not shot. This policeman was trained to protect the innocent, not to use his service pistol to threaten people. Thank you.
SEXUAL HARASSMENT IN WESTERN CAPE PROVINCIAL LEGISLATURE
(Member’s Statement)
Ms M P MENTOR (ANC): Chairperson, the Western Cape provincial government, led by the DA, is turning into an institution where sexual harassment and racism, particularly against black women, is becoming the order of the day. There have been numerous allegations of sexual harassment of women by senior managers in the provincial legislature, including by a well-known member of the provincial cabinet, who has been accused of sexual harassment of employees since 2002.
It is a disturbing fact that even with such a background that person secured appointment as a member of the executive committee performing the duties of being a community safety, security and liaison MEC. This shows a lack of leadership on the part of the DA in the province. It also shows a lack of the will to initiate gender-sensitive programmes and to be sensitive to the needs of women and the challenges that they face.
The DA’s hypocrisy has been exposed by this fact, that a person purported to be a serial sexual harasser finds his way into the cabinet. According to the DA, there is one rule for public representatives of the ANC and one rule for their own public representatives. It is quite evident that the hunger for power is the overriding consideration for the DA. [Applause.]
STATEMENT MADE BY MINISTER OF HUMAN SETTLEMENTS CONCERNING IFP NATIONAL CHAIRPERSON
(Memember’s Statement)
Mr J H VAN DER MERWE (IFP): Chairperson, the IFP has noted with concern the public statements made by the hon Minister of Human Settlements concerning the national chairperson of the IFP. The Minister has accused the IFP of ill-treating our national chairperson. The IFP condemns the Minister’s comments as negative, hostile and uncalled for.
With due respect, let us remind this august House that the IFP refrained from interfering in the internal struggles of the ANC prior to and during its Polokwane conference. Propagandistic statements made by Minister Sexwale in recent weeks regarding Mr Zuma’s personal life, as well as the public attacks by Mr Julius Malema on the IFP, leave us wondering if the ANC has taken a conscious decision to label the IFP as an enemy.
ADDRESSING CONFLICTS OF INTEREST
(Member’s Statement)
Mr L W GREYLING (ID): Chairperson, the ID has noted with interest that the ANC is now working on a policy to force members to disclose their business interests. Good luck with that.
The ANC needs to assure the public that they will root out all conflicts of interest in their midst, including those of Ministers and the ruling party itself. Unfortunately, your words ring hollow on this issue. In 2004, the ANC assured the High Court that they would soon bring legislation to Parliament to regulate the private funding of political parties; we are still waiting.
In the meantime, the ANC has continued to siphon off funds from public entities for its own benefit; Oilgate is an example. Now, we can see that the ANC is prepared to profit from the misery of our people by deriving billions of rand from the proposed crippling electricity price increase. In 2008, the treasurer-general of the ANC recognised the immorality of this when he said that the ANC will divest their shares in Hitachi. Once again, we are still waiting. The ID wants to see real action on this issue, not this hypocritical doublespeak that does nothing to address the real conflicts of interest in our democracy.
SUPPLEMENTARY MATRIC EXAMINATIONS
(Member’s Statement)
Ms A C MASHISHI (ANC): Chairperson, on 15 February more than 97 000 learners who were unsuccessful during the 2009 matric exams, started their supplementary examinations.
Learners who qualified to write the supplementary examinations included those who had failed two subjects, or missed the November 2009 examinations or specific subjects due to illness. Among these 97 000 learners are also learners who wanted to improve their results in specific subjects to gain university entrance.
The fight against poverty begins with the education of our children. We must give our children the support they need to follow through on their studies and give them encouragement not only during examination time but throughout the year. The ANC caucus wishes all candidates well and urges them to take advantage of the support initiatives offered by the various provincial education departments.
The ANC would also like to take this opportunity to congratulate those learners who passed their matric examinations last year. We want to wish them success in their future endeavours. Making education one of the five priorities over the next five years reaffirms the commitment of the ANC to the improvement of the quality of education and access thereto. I thank you. [Applause.]
FAMILY SUPPORT
(Member’s Statement)
Mrs C DUDLEY (ACDP): Chairperson, in the document Describing the Structure and Needs of Families in South Africa: Towards the Development of a National Policy Framework for Families, the ACDP notes the following:
From studies conducted in many parts of the world, stable and emotionally supportive family life has been found to be associated with such positive outcomes as: higher rates of school attendance; better school performance; higher levels of self-esteem, self-confidence and future orientation among children and youth; a reduction in behaviour problems among youth, including aggression, substance use and crime; higher levels of work productivity; lower levels of stress and stress-related illnesses resulting in lower levels of work absenteeism, substance use and health care costs; a greater capacity to deal with hardships and crises … greater longevity and better quality of life among older persons; and increased responsibility for the care of sick and disabled family members.
From an economic perspective, the point was made that expenditure on the implementation of policies to support families is an investment in human capital and not a cost to society. Apart from supporting productivity, strong and cohesive families produce tangible returns in the form of healthier individuals and increased social cohesion.
The family policy is needed to reinforce the functions of families despite changing family structure. I thank you.
TAXIES AND THE BRT
(Member’s Statement)
Mrs H S MSWELI (IFP): The attitude of taxi organisation leaders who continue to show an unwillingness to accept the Bus Rapid Transit System, BRT, of the Department of Transport needs to be closely monitored.
Yesterday, one spokesman on SAfm said that because taxi organisations are not subsidised by government to run their businesses they will not bow down. This attitude shows that commuters will continue to experience harassment by these taxi organisations if they use their vehicles instead of buses because they are not subsidised. Thank you.
ANC RETAINS WARDS IN BY-ELECTIONS
(Member’s Statement)
Mr A J WILLIAMS (ANC): Chairperson, on 27 January 2010, the ANC retained all contested wards in by-elections in four provinces. In the Eastern Cape, the ANC retained Ndlambe in Port Alfred. In the Free State we won two wards in Letsemeng and Koffiefontein. In Mpumalanga we retained Mkhondo in Piet Retief; the Steve Tshwete ward in Middelburg; Thaba Tshweu in Lydenburg; Umjindi in Barberton and four wards in Lekwa, Standerton.
In the North West, we retained Ramotshere Moiloa. The lowest vote for the ANC was 61% and in the rest the majority was over 70%. In five wards, the ANC secured more than 90% of the votes, with one ward in Lekwa, Mpumalanga, being unopposed.
We are pleased with the people’s vote of confidence in the ANC, particularly in Mpumalanga, where out of eight by-elections six were held in areas that experienced service delivery protests.
The decisive majority win of the ANC in these by-elections proves yet again that the people of South Africa have confidence that the ANC is the only party that can deliver a better life for all. Thank you. [Applause.]
URGENT ACTION REQUIRED TO REPAIR TARNISHED IMAGE OF ROBBEN ISLAND
(Member’s Statement)
Dr A LOTRIET (DA): Hon Chair, we are less than four months away from one of the biggest sporting and tourism events in the world, the Fifa 2010 Soccer World Cup. One of the main tourism attractions is Robben Island. Not only is it a popular tourism attraction, but it is also one of South Africa’s most important cultural institutions. It was declared a World Heritage Site in 1999.
However, all of the wonderful tourism opportunities that Robben Island has to offer may be seriously jeopardised if urgent and serious action is not taken now by the Minister of Arts and Culture to repair the tarnished image of the island.
This relates to a long list of problems, including mismanagement and the continuous breakdown of the main ferry. The forensic report which led to the suspension of the chief executive officer, chief operating officer and chief financial officer at the museum in 2009, has not been released for almost a year, whilst management problems remain. The Minister should be open and reveal the root of the problems. Added to this, Robben Island has now been without a proper board or permanent chief executive for nine months; this on the eve of the World Cup. According to a reply to a question posed to the Minister last year, this board would have been appointed by the end of July 2009. Acting chief executive Henry Bredekamp’s contract ends on 31 March 2010, but still no action or plans have been revealed on who will take over management of the Robben Island Museum.
We cannot allow the present situation to continue. Further delay in taking action and management problems could create a tourism embarrassment and cost Robben Island its World Heritage status. Thank you. [Applause.]
GOVERNMENT SCHOLARSHIP ABUSE CONDEMNED
(Member’s Statement)
Ms L H ADAMS (Cope): Hon Chairperson, on 9 February 2010, the Sowetan newspaper reported that the MEC for finance in Mpumalanga, Ms Pinky Phosa, in collusion with the former head of the department, Ruping Tshukudu, allegedly presented false information to her department, which resulted in her daughter’s boyfriend and lover obtaining a government scholarship.
The background of this boyfriend, Mr Bruno Vilane, is extremely remote from that of students who can be regarded as poor and in dire need of a government scholarship. The scholarship allegedly not only covers his tuition and accommodation, but also his meals whilst studying.
It is a known fact that the extremely limited government scholarships are meant for students in need of financial care and, therefore, through the Public Finance Management Act, efficient and effective use of these limited resources must be accounted for. Thus Cope demands a full report into these allegations. Thank you. [Applause.]
SOUTH AFRICANS ENCOURAGED TO SUPPORT BAFANA BAFANA AND BUY 2010 FIFA WORLD CUP TICKETS
(Member’s Statement)
Ms L N MJOBO (ANC): Hon Chairperson, the hosting of the Fifa World Cup makes 2010 truly a year of action. We have spent many years planning for this World Cup. With only three months before kick-off, we are determined to make this World Cup a success. The infrastructure, security and logistical arrangements are in place to ensure a successful, proudly South African tournament.
According to Fifa, 2 million Fifa World Cup tickets were sold in the first three sales phases. The announcement comes after the fourth phase of ticket sales kicked off on Tuesday. A minimum of 400 000 tickets for a total of 500 matches have been made available on a first-come, first-served basis until 7 April.
Our task now is to mobilise South Africans to get ready to host the world and rally support for Bafana Bafana. We further want to encourage the nation to purchase tickets timeously, especially for those matches where Bafana Bafana will be playing.
We need to make use of our home-ground advantage and support our team. I thank you. [Applause.]
PRESIDENCY’S REFUSAL TO ACCEPT LETTERS FROM VICTIMS OF CRIME
(Member’s Statement)
Me A M DREYER (DA): Mnr die Voorsitter, ek sal my verklaring in Afrikaans maak, vir die belangstelling van die Adjunkpresident.
Twee dae gelede bring die vakbond Solidariteit 30 000 briewe in kruiwaens Parlement toe. Die briefskrywers is slagoffers van misdaad wie se geliefdes gemartel, verkrag of vermoor is.
Die Presidensie belowe om hierdie briewe te ontvang. By die Parlement aangekom, moet hulle die briewe eers by die besoekerssentrum aflewer. Na ’n lang wag en talle oproepe, hoor hulle die briewe moet liewer Tuynhuys toe gaan. Na nog ’n ruk, stuur personeel die Solidariteitslede met hul 30 000 briewe weer terug, letterlik van bakboord na stuurboord.
Na een en ’n half uur was dit duidelik: die Presidensie weier om die briewe te ontvang.
Hierdie skandelike ongevoeligheid vir kiesers gebeur minder as ’n week nadat die President Suid-Afrikaners beloof het hy en sy regering gee om vir hulle.
Dit is hoekom Suid-Afrikaners nie meer een van die President se beloftes glo nie. [Applous.] (Translation of Afrikaans member’s statement follows.)
[Ms A M DREYER (DA): Mr Chairperson, I will be delivering my statement in Afrikaans, for the attention of the Deputy President.
Two days ago, the trade union Solidarity brought 30 000 letters in wheelbarrows to Parliament. The letter writers are all victims of crime whose loved ones were tortured, raped or murdered.
The Presidency officials had promised that they would take delivery of these letters. When they first arrived at Parliament they had to present the letters at the visitors’ centre. After a long wait and countless phone calls, they were informed that the letters should rather be taken to Tuynhuys. Subsequently, Solidarity members and their 30 000 letters were sent back, literally from pillar to post.
After an additional waiting period of one and a half hours, it became clear: the Presidency was refusing to accept of the letters.
This appalling insensitivity toward voters happened less than a week after the President had promised South Africans that he and his government care about them.
That is why South Africans no longer believe any of the promises made by the President. [Applause.]]
DEATH OF MRS MAKHANANDA
(Member’s Statement)
Nksz P TSHWETE (ANC): Siligqugula labasetyhini ePalamente sothuke sakhwankqiseka sakuva isihelegu sokugetyengwa kuka Mam’uMakhananda, inkosikazi kaMfundisi uMakhananda waseGugulethu, ngokugwazwa ngebhozo ngunyana wakhe ekhayeni lakhe ngoLwesihlanu umhla wesi-5 kule nyanga, iyimini yesikhumbuzo somhla wokuzalwa kwakhe.
Le nkosikazi ibingumama okhutheleyo, inkokheli yokwenene kwezenkolo kwinkonzo yamaWesile nakwezasekuhlaleni. Ubethe gqolo ukukhuthaza amakhosikazi nabo bonke abasetyhini ukuba badlale indima ephambili ekukhathaleleni abantu nabantwana abahlelelekileyo. Ube luncedo olungathethekiyo kumakhaya abantwana abahlaselwe zizifo ezinganyangekiyo, abaziinkedama kunye nabakhubazekileyo, exhasa amakhaya abo ngamaziko ezempilo kunye nezipho ngezipho.
SingaMalungu ePalamente simkhumbula kakhulu uMam’uMakhananda ngendima awayidlalayo kunyaka ophelileyo xa wayeququzelela ukuba amakhosikazi eemvaba ngeemvaba zaseWesile eze kuthabatha inxaxheba ekubhiyozeleni uMhla wabaseTyhini, apha ePalamente, ngokumenywa kwawo ligqugula labasetyhini elikhokelwe lilungu elibekekileyo, uBeauty Dlulane.
Siya kuhlala simkhumbula ngemisebenzi yakhe emihle, kwaye siyathembisa ukuba siya kumenzela isikhumbuzo esisiso ngokuthi sithi gqolo nokulwa nobundlobongela obujoliswe koomama nasebantwaneni. Siyile Ndlu yoWiso- mthetho, sidlulisa umyaleza wovelwano ongazenzisiyo kusapho lwakwaMakhananda, izalamane kunye nabemi baseGuguletu, sisithi mabalale ngenxeba, akuhlanga lungehlanga. Mabathuthuzeleke. Enkosi. [Kwaqhwatywa.] (Translation of isiXhosa member’s statement follows.)
[Mrs P TSHWETE (ANC): As the women’s caucus in Parliament we were shocked when we heard about the horrible murder of Mrs Makhananda, Rev Makhananda’s wife, in Gugulethu. She was stabbed by her son with a knife on Friday, the 5th of this month, on the day of her birthday celebration.
She was a diligent woman, a good religious leader of the Methodist Church and a community leader. She kept on encouraging all women to play a vital role in caring for disadvantaged adults and children. She also helped children with family members suffering from chronic or acute diseases, orphans and disabled children by assisting their households through health facilities and by giving them various gifts.
As Members of Parliament we will remember the vital role Mrs Makhananda played last year when she was organising the Mothers’ Union of the Methodist Church to participate in the Women’s Day celebrations at Parliament, as they were invited by the women’s caucus led by the hon member Beauty Dlulane.
We will always remember her sterling work, and we promise to honour her memory by continuing the fight against violence targeted at women and children. As members of the National Assembly, we relay our condolences to the Makhananda family, relatives and Gugulethu citizens, as we are saying may they find solace and comfort in these trying times. Thank you. [Applause.]]
COPE YOUTH MEMBER HELD AT GUNPOINT BY POLICEMAN IN KWAZULU-NATAL
PRESIDENCY’S REFUSAL TO ACCEPT LETTERS FROM VICTIMS OF CRIME
DEATH OF MRS MAKHANANDA
(Minister’s Response)
The MINISTER OF POLICE: Chair, I think the issue that has been raised by the member of Cope, Mr George, of the allegation that a member of the Police Service pointed a firearm at a citizen or one of the members of Cope, is a matter which belongs to the police. Mr George himself says that the matter was reported to the police. I would urge that we treat it that way.
I was disappointed when he passed judgment on the police, because all we are hearing is one side of the story. It’s a matter which is sub judice; let’s just respect that. That’s what I would urge here, otherwise there is a temptation to talk when we are here in Parliament and I know that sometimes we talk even when there is no substance to the matter.
The issue about these letters which were brought here, relates to issues of crime. I think we are on the same page with all the political parties in this House, including your political party, that this matter is not a political matter, and if there are issues about this, there are suggestions to that effect emanating from the meeting with the leaders of the opposition parties in this House.
Let us treat the matter of crime as it is; it’s not a political football. There can’t be a political publicity stunt on the matter and what you are referring to was a political stunt. It’s not going to help in the fight against crime. So, we urge you to request those friends of yours to come up with serious proposals in the fight against crime - don’t play with the issues of crime. Many South Africans are affected by this scourge. [Applause.]
The last matter was raised by the member of the ANC about umama uMakhananda. I think what we need to say, as you know, is that we have taken a decision to revive certain units like the family units, but we must raise a matter in this House that such matters may not necessarily be well placed within the police.
Matters of domestic violence need all of us, and they need to be raised with the officials and everybody to understand. It’s a societal matter. Whilst police have to play their role, as members of the public we also have a role to play in reporting symptoms of this nature before they go too far. Thank you very much. [Applause.]
URGENT ACTION REQUIRED TO REPAIR TARNISHED IMAGE OF ROBBEN ISLAND
(Minister’s Response)
The MINISTER OF WATER AND ENVIRONMENTAL AFFAIRS: Chair, my response is directed at the question that was raised by the hon member of the DA in relation to the situation on Robben Island. I am sure you will appreciate that Robben Island, in the first place, is a World Heritage Site but also our own icon was incarcerated in Robben Island.
On this side of the House … [Interjections.] … you better wait, and listen!
On this side of the House this matter has been put as a priority by government and the issue of correcting Robben Island … If you can just wait and listen. As you correctly said, in order to correct the situation we have to appoint the board and the Minister is in the process of appointing the board. Thank you very much. [Applause.]
SUPPLEMENTARY MATRIC EXAMINATIONS
(Minister’s Response)
The DEPUTY MINISTER OF BASIC EDUCATION: Chairperson, I would like to thank the hon Mashishi for the statement that she has made and we too would like to congratulate or to wish the candidates who are writing the supplementary examinations well.
I think what emerges from the statement is that it’s a fact that the learner population has embraced the reality that matric is important - the fact that we have almost 100 000 learners sitting for the examinations is a positive sign.
The Department of Education had been quite concerned about retention rates of learners, particularly in the Grades 10, 11 and 12 band –that’s the FET band – given the fact that we have a new universal enrolment for the other standards. But the positive sign, in addition, that the Minister of Labour would be able to affirm, is that they have created postschool opportunities for thousands of learners through the apprenticeships and the learnerships, as well as through Setas; and the Minister of Higher Education is exploring various options to provide support for postschool learners.
Furthermore, the FET colleges have redesigned the curriculum. We would be providing short-term skills and the fact that more than 500 000 non- breaking learners are now enrolled in the FET colleges suggests that the recapitalisation of the FET was indeed a worthwhile exercise.
So, we take this opportunity of wishing those matriculants well and certainly, we invite the parents to ensure that they help the learners, the children who have not passed, to sit for a supplementary examination wherever possible. Thank you.
ADDRESSING CONFLICTS OF INTEREST
ANC RETAINS WARDS IN BY-ELECTIONS
(Minister’s Response)
The DEPUTY MINISTER OF TRADE AND INDUSTRY (Mrs B M Ntuli): Chair, I think I need to indicate that I realised that the ANC is a very strong organisation when Mr Greyling spoke about the issue of conflict of interest.
Actually the ANC policy conference and the Polokwane conference debated a lot on this matter. The issue of business interests is not only your concern; it’s also the concern of the ANC. That is why the ANC conference said that when people leave public office they need a cooling-off period before taking on a new responsibility. You need to be laid off so that you don’t take decisions here and the next day you go and implement the same decision that you took.
I am happy that you are supporting the ANC and that indeed it’s doing a good job. But it is also the responsibility of Parliament through the members’ legislative proposals committee to come with that legislation. It is your responsibility. Let us propose it and let it come here and we can debate it.
I also want to congratulate the ANC on winning wards especially in Xhariep in the Free State. Hon Papi Kganare ran away; I thought Cope was trying to have a hand there, but the ANC has taught them a good lesson. Thank you very much.
MEDIATION FOR ZANU-PF AND MDC IN ZIMBABWE
(Minister’s Response)
The DEPUTY MINISTER OF INTERNATIONAL RELATIONS AND CO-OPERATION: Chairperson, there were some concerns raised by a member of the Opposition about the people of Zimbabwe. While one appreciates his concern, he also went on to praise the renewal of the sanctions by the European Union against the people of Zimbabwe.
I think the hon member is out of step because the Southern African Development Community, SADC, has called for the unconditional lifting of the sanctions; the African Union has called for the lifting of the sanctions; and both factions of the Movement for Democratic Change, the MDC, have also called for the lifting of the sanctions.
We must remember that sanctions don’t help the situation in Zimbabwe. They actually worsen the situation in Zimbabwe by hampering economic growth and the economic development of the people of Zimbabwe.
It is rather strange that the DA should be out of step with the people of Africa. Everyone – the whole continent, including the parties in Zimbabwe – has called for the lifting of the sanctions.
There is a great deal of hypocrisy as far as the EU is concerned. They are very quick to impose sanctions on Zimbabwe. When one recollects the massacre that took place in Gaza, one will remember that the EU refused to condemn the Israeli aggression against Gaza, let alone call for sanctions.
Recently, there was a report by Justice Goldstone, an eminent South African judge, on atrocities committed in Gaza. The EU refused to support Goldstone’s recommendation or condemn the brutalities that are committed by Israel.
So, can you see the hypocrisy of the EU? Yet, the DA has the audacity to come here and praise the EU for imposing sanctions … I am done. Thank you. [Time expired.] [Applause.]
SAFETY AT SPORTS AND RECREATIONAL EVENTS BILL
(Second Reading debate)
The MINISTER OF SPORT AND RECREATION: Chairperson, this is probably one of the most grilled Bills that this Parliament has had to deal with. The legislative drafting process relates to an incident that occurred on 11 April 2001 in Johannesburg at the Ellis Park Stadium, where 43 of our citizens died unnecessarily. That incident, of course, had its precursor in a similar incident at the Orkney Stadium, where another mass death of spectators was witnessed during a football game.
The Bill has, amongst other things, incorporated all the recommendations that Justice Ngoepe had proposed be implemented to prevent such a thing ever happening again in our country. Justice Ngoepe headed a commission which former President Mbeki appointed to investigate the causes of these sorts of tragedies, especially the one at Ellis Park. Justice Ngoepe also had to advise government on what had to be done to prevent such tragedies ever occurring again.
The Bill promotes and protects the physical wellbeing and safety of all persons attending sports and recreational events. It promotes the safety of their property at stadia and other venues in South Africa.
This Bill determines and maintains minimum safety and security standards at sports and recreational events and it further also promotes South Africa as a destination of choice for the hosting of international events.
Our country currently does not enjoy the benefit of a formal regulatory framework designed to protect the interests of, amongst others, the general public and other key stakeholders who are usually present at our stadia and other venues, and at events that our people use to entertain themselves. While South Africa has an admirable record in the preparation for and the delivery of safety and security at major events in our country, the challenge with which we are currently faced is that there is no consistent application of the safety and security regulations. The protocols that exist are simply not implementable; they are not justiciable. This Bill regulates important safety and security matters which are required to ensure that our country hosts incident-free events that South Africa is asked to host or that South Africa offers to host.
In essence, the streamlined Bill seeks to regulate the following key areas: the responsibilities of role-players; the risk-profiling of events; the establishment of an annual schedule of events to prevent the stretching of public sector security and emergency services resourcing; the safety certification and grading of venues, fixed and temporary structures; and integrated and timeous events safety and security planning, co-operation and co-ordination between all relevant stakeholders.
This Bill also seeks to regulate minimum safety and security measures and standards at public events as well as the management of ticketing controls and the timeous purchase and sale of tickets. It regulates the prevention of criminal offences and it regulates the protection of people against such criminal activities.
The Bill enjoyed a very extensive consultative editing process by the state law advisers and also by both the Portfolio Committee on Sport and Recreation and the erstwhile Portfolio Committee on Safety and Security.
Importantly, the Bill enjoys a wide range of support from, among other groups, the SA Police Service and the national, provincial and local government emergency services and disaster management departments countrywide.
Reservations have, of course, been expressed during the hearings. This is natural, because this Bill is very expensive for those who do not comply with its dictates. The organisers of these events want money out of them, so they want to delete from the Bill anything that threatens to diminish those incomes.
Indeed, the municipalities who own those facilities will incur huge liabilities in the event of an incident like the one at Ellis Park ever recurring and they want to avoid those liabilities. We think they must be prepared to incur liabilities when not complying with the regulations that protect the wellbeing and security of our people.
To avoid a prolonged discussion and negotiation around these issues, we have opted for a gradual implementation of the sections of this Bill. We don’t want to shock everybody into running away from the table; we rather want to introduce this Bill on a gradual basis.
This Bill also defines the stakeholders from the state’s side. It defines government’s stakeholders as the Minister of Sport and Recreation, the Minister of Police, the National Commissioner of the SA Police Service and his or her authorised member – because the commissioner can be a “she” one day – event safety and security planning and, of course, local authorities.
We see this Bill as a very important piece of legislation which constitutes a very real attempt to introduce safety and security legislation that will go a long way. It by far supersedes anything that the world has seen in the five other countries that have similar Bills, countries like the United Kingdom, the Netherlands and so forth.
They fall far short compared to what we are asking the organisers to put in place. We are sure that all members of this House do not want a repeat of Ellis Park and Orkney. We are sure members of this House do not want to lose property during these games and for that reason we urge them not to hesitate to support this Bill. Thank you, sir. [Applause.]
Mong B M KOMPHELA: Modula setulo, bomphato, le maloko a kgethehileng, e re ke qale ke tshwaele, ke bolele hore tshitsinyo ena ya molao eo re e etsang kajeno tjena re ile ra tsamaya nako e telele re ntse re utlwa maikutlo a batho hore na polokeho e mabaleng a dipapadi le tshireletso ya setjhaba na ke ntho ya bohlokwa na? Ntho ena e ile ya bonahala, Modula setulo, ka lebaka la dintlha tsena tseo letona a ileng a bua ka tsona. Ha re hopola hantle ka la 13 Pherekgong ka 1991, ho ile ha hlokahala batho ba 42 mane lebaleng la dipapadi le neng le bitswa Oppenheimer le mane Orkney, kajeno le tsejwa ka hore ke James Motlatsi.
Batho ba 180 ba ile ba lemala haholo mme ba robedi ba ile ba hlokahala hamoraonyana ba le sepetlele. Koduwa ena eo letona le buang ka yona ya Ellis Park e ileng ya hlaha mme hwa hlokahala batho ba 43, taba eno ha se taba e hlahellang feela kwano mona ho rona Aforika Borwa ke kobo anela mafatsheng a seng a ntse a hodile le mafatshe a thuthuhang a tshwanang le ana a rona.
Haeba le hopola hantle taba tsena tse tjena di ile tsa etsahala ka la 9 Motsheanong ka 2001 mane Ghana motseng wa Accra moo ho ileng haeba le koduwa, ha hlokahala batho ba 130 ka lebaka la koduwa eno; le Abidjan e ile ya etsahala taba eno. Maobanyana mona e ile ya ka ya etsahala taba ena ya hore ho be le ditsitsipano le dintwa ha re fihla mane Newlands. Ho ne ho ena le papadi mahareng a Kaizer Chiefs le Ajax, teng re ile ra bona batho ba tsumula ditulo ha se seng sa dihlopha se se se otla fatshe ka hlooho.
Ke moo re ileng ra bona batho ba se ba ntse ba ntsha ditulo moo mme thepa e senyeha ka tsela e jwalo. Empa ntho eo Kabinete e fetileng e ileng ya e etsa ke hore ba batle ho tseba hore na ekaba sesosa sa taba tsena tsa batho ba hlokahalang ba le bangata hakanakana moo ho nang le dipapadi teng le boithapollo ke sefe? Ka hoo Kabinete ya ntate Mbeki ya kopa hore e mong wa baahlodi ba tsebahalang e leng ntate Ngoepe ebe yena ya etellang khomishene ena pele.
Tseo a ileng a di fumana ntate Ngoepe ke tse ileng tsa etsa hore ho qetellwe ho etswa molao ona, ka hobane mane Ellis Park ho ne ho rekiswa ditekete, Letona. Ntho ya ho rekisa ditekete lebaleng la dipapadi ka letsatsi la papadi, ke e nngwe ya dintho tse ileng tsa fumanwa e le mathata moo, hobane ka monyakong ona batho ba a kena ha ka monyakong o mong ho rekiswa ditekete. Ebe ha sehlopha se seng se se se otla ntlha kapelenyana moo bana ba ntseng ba reka ditekete teng; ba se ba ntse ba sututsa ba bang ba bona ebe ho a rojwa moo hore ba kene e le ha ba tatetse ho kena ka hare ka mane ho bona hore na batho bao ba ketekang kahare sehlopha sa bona ke sefe se hlolang. Ntlha eo e ile ya fumanwa e le yona ya bohlokwa mme le Ellis Park e ile ya nna ya eba yona e ka sehloohong.
Molao ona o entsweng wa sehlongwathiswa sena o re, ho ke ke ha rekiswa ditekete ka letsatsi la dipapadi. Haeba ditekete di lokela ho rekiswa ka letsatsi la dipapadi di lokelwa ke ho rekiswa kilomitara e le nngwe hole le moo dipapadi di tshwaretsweng teng. Lebaka e le hore ha o qeta ho enka moo boholong boo ba kilomitara, o tsamaye nako e telele o le mong hore o tle o kgone ho kena lebaleng.
Re se ke ra kenya batho ka lehlakoreng lena ha ka mane batho ba ntse ba reka ditekete ho qetelle ho bile le tshubuhlellano eo ereng ha ntlha e kene ebe batho ba tloha moo ba kena ka lehlakoreng le leng. Ntlha eo re ile ra e tjhaela monwana yaba ho dumellanwa ka hore kilomitara ho tloha lebaleng e lokile. Ha o rekile tekete, ‘tekete letsohong’ o tla tsamaya kilomitara ha feela o rekile tekete ka letsatsi la papadi, empa ka ho otloloha ditekete di rekwe pele ho letsatsi la dipapadi.
Ha re fihla mane Ellis Park e nngwe ya ditshisinyo tse ileng tsa fumanwa ke moahlodi enwa ke hore, Letona la Dipapadi, ntate Makhenkhesi, ho na le mathata bakeng sa batho bana ba tlang dipapading, hobane ba bang ba batho bana ba emisa dikoloi tsena tsa bona feela kahara tsela moo e reng haeba ho na le mathata a hlahelang a koduwa ka hara lebala la papadi ebe eba dikoloi tsa mapolesa le dikoloi tsa thuso ya tshohanyetso ha di kgone ho kena kahara lebala. Batho bana ba nkile dikoloi tsena tsa bona tsa di 4x4 ba di emisitse kahara tsela mme ha ho moo batho ba ka tsamayang teng.
Taba eo e ile ya fihla moo e leng hore mapolesa a neng a thusa ho pholosa maphelo a batho ba lokela ke ho sebedisa serwalankgwana ho tloha Brixton. Ba fihle ba theolwe ka kgwele e ba leketlisang hore ba kgone ho ilo thusa batho ba kahare. Lebaka e le hobane le moo serwalankgwana se neng se lokela ho emisa teng batho ba ne ba emisitse dikoloi tsa bona teng; ke bolela moo helikoptara e emang teng ka Sesotho sena sa lona sa mona makgoweng, e bitswa serwalankgwana.
Ka hona, molao ona o re haeba batho ba emisitse kahara tsela, ebile ba emisitse moo ho lokelang ho ema dikoloi tsa tshohanyetso kapa serwalankgwana, re na le matla a ho nka dikoloi tseo tsa bona ka ho kopa mapolesa hore a di nke e le hore beng ba tsona ba tsebe ho lefa. Ha ho ka etsahala hore ho be le batho ba lahlehelwang ke maphelo a bona e le hobane batho ba sitisitse thuso ho kena kahare moo ho nang le koduwa teng.
Re a e kgothalletsa ebile re e bitsa ”the shaver cloth”. Ho na le mme e mong wa DA ya neng a bitswa Mme Shaver, o ne a kgothalletsa ka ho toba hore ho nkuwe mehato e matla kgahlano le batho bana ba iketsetsang boithatelo ba ho emisa ka ho kwala tsela hore maphelo a batho a se ke a kgona ho pholoswa.
Molawana ona o lokisa ditaba tseno tsa hore ho be le maemo a tsitsitseng ha re fihla dipapading. Le batho bana ba tshwanang le Piet Van Zyl. Ho na le monna e mong ha ho ne ho bapalwa dipapadi tsa rugby Kwazulu Natal, eo a ileng a tlolela feela kahara lebala a lelekisa molaola papadi a ba a mo roba letsoho.
Ke dintho tseo tse jwalo, mme ho lokela le hore ho thibelwe le batho bana bao e reng ha ba se ba nwele bona bo monate, ebe ba etsa ditaba tsena tse jwalo ka tseo. Batho bana bao ho thweng ke babohi bana ba hlanyang ebe ba kgona hore ba ka thijelwa hore ho hang feela ba se hlole ba dumellwa ho tla dipapading haeba ba kgona ho etsa ditaba tseo tse jwalo, hobane bona ha ba batle ho bapala ba tlisa feela ho tlo senya, ke bo masenya. Molao ona o bua le bona batho bana ba kang bo masenya ba jwalo.
Motsamaisi wa Dipuo, ho na le ntho e nngwe ya bohlokwa eo ho buuwang ka yona mona ya hore ha re le mane madulong a rona a dipapadi, re qhanollotse, ho na le jwala bo bongata bo nowang moo. Jwale molao ona ore haeba batho ba tlile dipapading, hobaneng le ba fa kgaeyane hakanakana hore ba qetelle ba sa kgone ho tsamaya? Ha ba eya hae ba kopana le sepolesa tseleng se ba emisa ebe ba hlahela eka ba fuwe jwala lebaleng la dipapadi.
Molao ona ore ho tla ba le tsela eo ka yona batho ba tlang ho dumellwa ho nwa dinomaphodi tsa bona ka yona. Metsotsong ya karolo ya kgefutso ho tla bulelwa dinomaphodi, mme ka mora moo ha dipapadi di fedile ha ho na dinomaphodi tse tla nwellwa moo.
Bana ba lakatsang hore ba phomosetswe ka dinomaphodi tsa mofuta o jwalo, ba tla palama dipalangwang tsa bona, ba ye hae mme ba se ke ba fumana dino tse jwalo dipapading moo e tla re ha ba le tseleng ya ho kgutlela hae ebe ba a tshwarwa; rona re re ba ne ba tswa dipapading. Ba ile ba fumana ntho ena e ba etsang hore ba se ke ba tsitsa maemong, hobane ba e nwele lebaleng la dipapadi. Molao ona o thibela dintho tse kang tseo.
Ntlha e nngwe ya bohlokwa eo molao ona o buang ka yona ke hore haeba batho ba na le mathata a dika tsohle tsa molawana ona o sisinngwang kajeno tjena, ho na le ntho e bitswang ka sejahlapi ka hore ke ‘Appeal Board’. Re ile ra buisana ka ‘Appeal Board’ ena Letona, hore e lokela ho ba le ditho tse supileng mme ba bararo ba bona e tla bona bao Letona le tla ba kgetha ka bolona. Re kopile hore o nehele moo Letona hore ba bararo ba mpe ba tswe ho wena, Modulasetulo le Motlatsi wa Modulasetulo le a le mong ya nang le boiphihlelo bo mabapi le tseo o labalabelang ho di fumana sebakeng sa tseo o batlang hore di fumanehe ka di ‘Appeal’.
Ntho e nngwe eo re ileng ra e theola, mongaka, ka molao ona, molao o re batho bana ba rona ba ithutileng molao, ba be le boiphihlelo ‘experience’ ya dilemo tse hlano, jwale re ile ra theola dilemo hobane rona mona mokgatlong wa ANC re etsa ntho ena ya hore re hlabolle re ‘transform’. Re re empa motho enwa o ile sekolong dilemo tse ngata mme ke ‘Advocate’ jwale, ha a eya mono ‘Appeal Board’ lebaka ke lefe la hore a boele a etse dilemo tse hlano tsa tshebetso a qala le ho fihla a etswa sekolong a eso sebetse.
Ka tsela eo ra kopa hore a re theoleng dilemo re di ise fatshe ka lebaka la hore bana ba batshonyana ba rona ba tla kotelwa ke taba eno, kahona re kgone hore le bona ba kene ba ithute, ba be le boiphihlelo. E tle e re ka letsatsi le leng, le bona ba kgone ho fihlella maemo ao bao ba leng ho ona. Ka hona re ile ra e theola mongaka ra e isa dilemong tse pedi hore le bana ba rona ba tsebe ho fihlella moo. [Mahofi.]
Mongaka, ntho ya ‘Public Liability Insurance’, re ile ra kopa Monghadi Mac Kenzie wa DA hore a ke a ilo sheba hore na boleng bona ba ‘Public Liability Insurance’ bo bokae? Na batho bana ba llang hakanakana ka hore tjhelete e ngata, na ke tjhelete e kae? O ile a re etsetsa diphuputso tseno are tlela le dintlha, a fihla a re bontsha hore tjhe ha ho letho moo.
Haeba lebala la dipapadi le tletse batho ba 9 000, o patala dikete tse 10, empa maphelo a batho ka nako eo ho ka bang le tsitsipano le koduwa ho sebediswa tjhelete e fetang dikete tseo tse leshome tsa diranta. Re ile ra iphumana re tlamehile ho amohela hore ‘Public Liability Insurance’ ena jwalo kaha e le teng mane dikoloing tsa baeti le mona ho rona ha e be teng hore batho ba rona ba yang dipapading ba kgone hore ba ilo kgatholoha, e re haeba ho ena le ntho e etsahalang re se ke ra llela ho puso hore e ba shebe, hobane hangata ha batho ba lemetse dipapading batho bare mmuso o ba shebe. Ebe bahlophisi ba dipapadi tseo bona ba kentse tsohle tsa bona pokothong, ha mmuso ona o sala o shebane le koduwa ena, mmoho le mahlatsipa a yona.
Mongaka, re ile ra tshwanela hore re bue ka ditaba tsena tsa ‘Religion’, dikereke moruti jwalo kaha moruti e le motho wa kereke. Re ile ra fihlela taba ya hore hare fihla mane re sheba dintho tseo batho ba neng ba bua ka tsona mane FNB. Ho ile ha eba le moruti e mong ya ileng a fihla moo, eo ho thweng ha a ka o tshwara ka letsoho lena le halalelang o tla fola moruti wa ka. Yaba batho ba fihla ka bongata moo ba subuhlellana, hoseng ka hora ya bohlano kapa ya bone batho ba pele ba ile ba fihla moo hobane ba ne ba shebile letsoho lena le halalelang le reng, ha re ka le tshwara re tla fola. Batho ba bang ba ne ba e na le diabetic kapa tswekere empa ba ne ba eme moo ba lebelletse hore letsoho lena le halalelang ha le ka fihla ba le tshwara ba tla fola.
Mongaka, bothata ba taba eno ya dikereke ke hore ho ne ho se na metsi, ho se na dikoloi tsa bakudi. Ho se na dintho tseo e ka reng haeba batho bana ba ka hlahelwa ke bothata ba thuswe. Ba bang haesale ba fihla moo hoseng, ba lapile, ditswekere tsa bona di phahame, jwale re re tjhe re kopa tshwarelo moruti wa ka. Dikereke di tlamehile hore kannete di etse hore ho be le ditlhoko tsa motheo, ho be le metsi, le makoloi a bakudi haholoholo dikereke tsena tsa rona tsa Sione tse nkang dikete tsa batho ba yang Moria. Ho tlamehile hore ho be le metsi, ditsela tse hantle, ho be le moo batho ba tla kgona ho ithusa teng. Ha re ntse re tsamaya mona pela tsela re se ke ra itshirelletsa feela ka mora sefate. Ke tsona dintho tseo re buang ka tsona mona, moruti, ha rere re entse phetoho ho tsona hore kaofela ha rona re be setjhaba se lokolohileng.
Ka hoo ke batla ho leboha mekgatlo kaofela e neng e le teng moo. Ka ho qolleha mokgatlo wa DA, le wa Cope. Ha re sebetsa mmoho re ka etsa mosebetsi o makatsang. Banna bana ba mpa feela e le dingangele empa ba a tseba hore ha re sebetsa mmoho ho na le ntho eo re ka e etsang. Re sebeditse mmoho le bona mme ke ena ntho eo re e ntshitseng e ntle hakanakana eo le bona kajeno tjena ba tla kgona ho bua ka yona.
Ho ne ho e na le maqwetha bomme Mashefa moo. E hlile re ne re menamenana le bona empa re ile ra dumellana hore ntho ena e tla ba molemong wa setjhaba sa rona sa Aforika Borwa. Ka tsela e jwalo, Monghadi wa ka, ANC e tjhaela monwana tshisinyo ena ya molao. Ke lebohile. [Mahofi.] (Translation of Sesotho speech follows.)
[Mr B M KHOMPELA: Chairperson, colleagues, and special guests, let me indicate that regarding the proposal about the law that we are passing today, we went to great lengths in order to listen to people’s feelings as to whether safety at the stadiums and national security is important. This became evident because of all these things that the Minister spoke about. If we recall correctly, on 13 January 1991, 42 people died at the stadium called Oppenheimer in Orkney, which is today known as James Motlatsi. One hundred and eighty people were badly injured and eight people died later at the hospital. The other disaster that the Minister is referring to is the one which happened at Ellis Park, where 43 people died. This kind of thing does not only happen in South Africa; it is an occurrence that affects the developed nations as well as the developing ones just like ours.
If you remember well this kind of thing also happened on 9 May 2001 in Ghana in the city of Accra, where disaster struck and 133 people died as a result; even in Abidjan it also happened. Not so long ago there were some tensions and clashes when we were at Newlands. There was a soccer match between Kaizer Chiefs and Ajax and we saw some people pulling out seats when one of the teams lost.
We saw people pulling out seats and destroying property. But what the previous Cabinet did was to try and find out what the real causes of people dying in large numbers at sporting events and other entertainment events were. Therefore Mr Mbeki’s Cabinet asked that one of the well-known judges, who is Mr Ngoepe, be the one to head this commission of inquiry.
What Mr Ngoepe discovered led to the development of this legislation, because at Ellis Park tickets were sold at the stadium. The matter of selling tickets at the stadium on the day of the match was found to have been the cause, because at the one entrance people were being admitted into the stadium, while at the other entrance tickets were being sold. Therefore as soon as one of the teams scored a goal the ones who were queueing up to buy tickets would start pushing and breaking things so that they could get in to see which team had scored. This issue was found to be critical at Ellis Park and was found to be the leading cause.
The new legislation says no tickets may be sold on the day of the event. If tickets have to be sold they should be sold 1 kilometre away from the location of the event, the reason being that once you have bought your ticket about a kilometre away, you must walk some distance in order to get into the stadium. But generally, tickets must be bought a day before the sporting event.
We must not admit spectators into the stadium on one side while on the other they are busy buying tickets, which ends up causing a stampede when people rush in when a goal is scored. The agreement that was reached was that the distance of one kilometre away from the stadium is the right distance. When you have bought your ticket, you will walk a kilometre, ticket in hand, only if you have bought a ticket for the day’s event.
When we got to Ellis Park one of the findings by the judge, Minister of Sport Rev Makhenkhesi, was that there was a problem of people parking their cars in the middle of the road, which made it difficult for police and emergency vehicles to get into the stadium. These people who own 4x4 vehicles parked them in the middle of the road and as such prohibited the movement of other people.
Things got to the point where the police had to use a helicopter from Brixton which had to carry them and drop them down by rope in order for them to be able to help the people inside the stadium. The reason for that was that the helicopter was supposed to sit on the helipad where those people parked their cars; I mean where the helicopter is supposed to be parked.
Therefore this legislation states that if people park in the middle of the road, and especially if they park in a place reserved for emergency vehicles or helicopters, we have the right to ask the police to impound such vehicles and their owners should pay a fine should there be people who lose their lives as a result of people causing obstruction to giving aid in a disaster situation.
We really encourage such action to be taken and we even call it “the Schäfer clause”. There used to be a lady from the Democratic Alliance who was called Mrs Schäfer, and she used to advocate drastic measures to be taken against individuals who do as they please by blocking the way and thus hindering access to giving aid to save lives.
This legislation is trying to bring a friendly atmosphere at the stadiums, and to even discourage people such as Piet van Zyl - the man who jumped onto the field during a rugby match in KwaZulu-Natal, chased the referee and broke his arm.
Such things must be discouraged, as well as people who engage in such behaviour when drunk. The so-called crazy spectators should be totally banned from attending sporting events if they are capable of such behaviour because they are not there to enjoy themselves, but they are there to spoil the fun. They are killjoys. This legislation speaks to such killjoys.
Chairperson, there’s an important issue that has been mentioned about the fact that when people are in the suite section of the stadium and enjoying themselves there is a lot of alcohol that is consumed. Therefore this legislation says that if they are attending a sporting event why then are they given so much alcohol that they end up being unable to walk? When they go home and they come across the police who stop them they say that they were given alcohol at the stadium.
This legislation states that there will be a system by which spectators will be allowed to have their drinks. During the interval drinks will be served and when the match is over there will be no drinks that will be served there.
Those who want alcohol will have to get into their cars and go home and will not be given any drinks at the match so that they are not arrested on their way home, where they will say they are from the match and were given something that made them unstable because they drank too much. This legislation is trying to avoid such things.
Another important issue that this legislation is addressing is that if people have problems with any sections of this legislation that is passed today, there is something called the appeal board. We spoke about the appeal board, Minister, and that it should have four members and three of them will be chosen by the Minister himself. We have proposed, Minister, that the three should come from you; the chairperson and deputy chairperson and one other person who has the relevant experience in accordance with what you want to be achieved in relation to the appeal board.
One other thing that we found, sir, about this legislation is that it says that our people who have studied law should have five years’, experience. However, we reduced the number of years because we in the ANC are applying what is called transformation. We say that this person studied for many years and is now an advocate, why is it then that when he becomes a member of the appeal board he is expected to have five years’ experience when he has just graduated and has not even started working?
In that regard we proposed that we reduce the number of years so that black graduates would not be denied the opportunity by that requirement for them to come in and learn and get experience. This is so that one day they can reach the same levels as the others. Therefore, we reduced the number of years to two years in order that our children would be able to reach that level. [Applause.]
Sir, in relation to the issue of public liability insurance we asked Mr Mac Kenzie of the DA to assess the cost of the public liability insurance. Why is it that all these people are complaining about the amount? How much is it? He did some research for us and brought us the facts and informed us that it really does not cost much.
If the stadium is full, with a crowd of about 9 000, you pay for 10 000, but in the event of a disaster a lot more money is used than the 10 000.
We had to agree that just as the public liability insurance is made available for vehicles belonging to tourists, it must also be made available to our people when they go to sporting events to enjoy themselves so that should something happen they don’t complain that the government does not care about them, because quite often when people get injured at sporting events they expect the government to look after them. Yet the organisers of the sporting event don’t spend anything. The government is left to deal with the disaster and its victims. Sir, we had to talk about issues of religion; I mean churches, because you are also a pastor. We came to the point where we had to look into the issues that the people were talking about at the FNB Stadium. There was a certain pastor who came there and it was claimed that when he touched people with his holy hands they were cured. As a result, a lot of people rushed there early in the morning – around four or five – hoping to have these holy hands laid on them as it was claimed that if they touched them they would be cured. Some of the people who were diabetic waited there hoping that if they could touch those holy hands they would be cured.
Sir, the problem with the issue of churches is that there was no water and there were no emergency vehicles. There was nothing that could be used to help these people should they experience any problems. Some of them had since arrived in the morning, they were hungry and their sugar levels had risen. Therefore we are sorry, sir, but we would like to say that churches must have basic facilities. There should be water as well as emergency vehicles, especially with some of our churches like the Zion Christian Church, ZCC, which organises pilgrimages to Moria. There must be water, proper roads and bathroom facilities where people can relieve themselves. We should not have to hide behind a tree to relieve ourselves. These are the kind of things we are talking about here, Reverend, so that we can say that we made all the necessary changes in order for us to be a free nation.
Therefore I would like to thank all the organisations that were present, namely the DA and Cope. If we work together we can do amazing things. These men are just stubborn but they know that when we work together there is something that we can do. We worked harmoniously together and here is something that we produced which is so beautiful and which even they can also be proud of.
Also present there were attorneys such as Mrs Mashefa. We had some really intensive arguments with them but in the end we all agreed that this legislation will be in the best interests of our country, South Africa. Therefore, sir, the ANC supports the Bill. Thank you. [Applause.]]
Mnr T D LEE: Voorsitter, mnr die Adjunkpresident, dames en here, my klankapparaat het nie gewerk nie, maar ek het wel gehoor dat mnr Khompela so twee keer die DA se naam, asook my kollega, Debbie Schäfer, se naam genoem het. So ek aanvaar maar hy het ons geprys, en ek hoop maar dat dit in dié gees sal wees dat ons die dinge sal doen.
Sport is veronderstel om vir beide die toeskouers sowel as die spelers plesier te verskaf, maar male sonder tal het sportbyeenkomste regoor die wêreld rampspoedige gevolge gehad.
Die jongste sulke gebeurtenis in Suid-Afrika is die ramp wat by ’n sokkerwedstryd op Ellispark in Johannesburg op 11 April 2001 plaasgevind het. (Translation of Afrikaans paragraphs follows.)
[Mr T D LEE: Chairperson, Mr Deputy President, ladies and gentlemen, there was a problem with my sound equipment, but I heard Mr Khompela mention the DA once or twice, as well as the name of my colleague Debbie Schäfer. Therefore, I assume that he praised us and I can only hope that we will do these things in this spirit.
Sport is supposed to generate pleasure for the audience as well as the players, but on many occasions throughout the world sporting events have led to disasters.
The most recent event of this kind to take place in South Africa was the disaster at Ellis Park in Johannesburg on 11 April 2001, which occurred during a soccer match.]
I will never forget the day we had a wreath-laying ceremony, a few days after the Ellis Park tragedy. The anguish and sorrow of the parents who had lost children and family members will remain with me for as long as I live.
In sy toespraak by hierdie geleentheid, het mnr Tony Leon, die destydse leier van die DA, gesê dat ons alles in ons vermoë moet doen om ’n herhaling van die Ellispark ramp te voorkom. Hy het ook gesê dat, indien wetgewing nodig sou wees, dit so gou as moontlik deurgevoer moet word. (Translation of Afrikaans paragraph follows.)
[Mr Tony Leon, former DA leader, said in his speech on that occasion that we will have to do everything in our power to prevent a repeat of the tragedy at Ellis Park. He also said that if legislation was necessary it must be adopted as soon as possible.]
Chairperson, South Africa has become a favourite destination at which to host international sporting events. Since 1994 we have hosted rugby and cricket World Cups, as well as the Fifa Confederations Cup and the Africa Cup of Nations. We will shortly be hosting the Soccer World Cup.
While South Africa has an admirable record in the preparation for and the delivery of safety and security at major events, the challenge that we are currently faced with is the following: that there is no consistent application of these safety and security protocols.
The law that we are passing here today will give us the opportunity to do just that.
As daar nog mense is wat twyfel oor die wenslikheid van die wetgewing, wens ek dat hulle kon geluister het na die inset van mnr Erasmus, die destydse hoof van Rampbestuur van die Johannesburg Metropool en ook die man wat daardie aand aan diens was tydens die sokkerwedstryd op Ellispark toe die ramp gebeur het.
Hy is vas oortuig dat, as dié wet daar was en noukeurig toegepas is, baie lewens gered kon word. (Translation of Afrikaans paragraphs follows.)
[If there are still people who have misgivings about the desirability of the legislation, I wish that they could have listened to the input of Mr Erasmus, the former head of disaster management of the Johannesburg Metropole, as well as the man who was on duty during the soccer match at Ellis Park when the disaster occurred.
He was convinced that if this legislation had been in place and enforced properly, many lives could have been saved.]
My colleague, hon Japie van der Linde, will elaborate on the content of the Bill, while I will concentrate on the process.
Allow me to congratulate the chairperson of the committee, Mr Butana Komphela – and perhaps it is strange that I am congratulating the man – for conducting a thorough consultative process. It was thorough. It is also the first time, as far as I know, that we really listened to the people. Where they made sensible suggestions, they were accommodated in the Bill. Hierdie wet kan dus deur alle belangegroepe wat insette gelewer het, geëien word. Die konsultasieproses was dus nie ’n klug nie, maar ’n opregte poging om die gewone burgers by hierdie stuk wetgewing te betrek en te akkommodeer.
Ek wil ook die voorsitter loof vir hoe hy na alle partye se standpunte en bydraes geluister en in die wetgewing geakkommodeer het. Soveel so, dat twee van die klosules as die Debbie Schäfer – ’n DA-kollega van my – klousules bekend staan. Dit is die gees waarin ons hierdie wetgewing behandel het.
Een van die Debbie Schäfer-klousules handel oor mediese dienste, terwyl die ander oor die reg tot appèl gaan.
Deur hierdie optrede, het die voorsitter gewys dat hy die veelpartydigheid van die komitee sowel as die Parlement verstaan en respekteer. Dis vir my baie belangrik dat ons die veelpartydigheid van die komitees moet verstaan.
Dis om bogenoemde redes dat die DA hierdie wetsontwerp steun. Al kwelling wat ek oor die wet het is die volgende: Ek wil graag weet en wil nog graag uitvind hoe hierdie wet die kostes van sportgeleenthede beïnvloed. Ek dink byvoorbeeld aan die Comrades Marathon tussen Durban en Pietermaritzburg. Maak hierdie wet daardie soort sportgeleentheid baie duur, al dan nie? Maar dan moet ’n mens jouself afvra of jy geld met die lewens van mense kan vergelyk. Speaker, ek doen ’n beroep op alle organisasies wat byeenkomste reël om by die wet te bly, om sodoende rampe, soos die een by Ellispark, te vermy.
Laastens wil ek die amptenary wat gehelp het om gestalte te gee aan hierdie stuk wetgewing, bedank. Hier sien ek teenwordig die Direkteur-Generaal, mnr Petersen. Baie dankie vir u hulp en ondersteuning aan die komitee. Dan was daar ook twee regsgeleerdes wat gehelp het. Hulle is Adv Gideon Boshoff en Patrick Ronan. Aan hulle is ons ook baie groot dank verskuldig.
Ek hoop en glo dat, as hierdie wetgewing deel word van die wette van hierdie land, as dit toegepas gaan word, sal ons verhoed dat rampe soos die Ellispark ramp weer sal plaasvind. Dankie. (Translation of Afrikaans paragraphs follows.)
[All interest groups who made inputs can therefore lay claim to this legislation. Therefore, the consultation process was not a farce, but a sincere effort to involve ordinary citizens with regard to this piece of legislation and to accommodate them.
I also want to praise the chairperson for the manner in which he listened to the positions and contributions of all the parties and accommodated them in the legislation. So much so that two of the clauses are known as the Debbie Schäfer clauses – named after a DA colleague of mine. That was the spirit in which we worked on this legislation.
One of the Debbie Schäfer clauses has to do with medical services, while the other is about the right to appeal.
Through his conduct the chairperson demonstrated that he understands and respects the multiparty nature of the committee and of Parliament. It is very important to me that we understand the multiparty nature of the committees.
For the above-mentioned reasons the DA supports this Bill. I only have one concern regarding this legislation: I would like to know – and find out – how this legislation will influence the cost of sporting events. For instance, I am thinking of the Comrades Marathon between Durban and Pietermaritzburg. Will this legislation have a costly impact on that type of sporting event or not? But, then one has to ask oneself if one can compare money with the lives of people.
Speaker, I am appealing to all organisations that organise events to comply with the law in order to prevent any disasters, such as the one at Ellis Park, from happening.
Finally, I want to thank the officials who aided in formulating this piece of legislation. I am referring to the director-general, Mr Petersen who is present here. Thank you for your help and support to the committee. Two lawyers also rendered assistance. They are Adv Gideon Boshoff and Patrick Ronan. We also owe them a great debt of gratitude.
I hope and trust that as this legislation forms part of the laws of this land and is implemented, we will be able to prevent disasters, such as the Ellis Park disaster, from happening again in future. Thank you.]
Mr G P D MACKENZIE: Madam Chair, hon Deputy President, hon Minister and members, when hon Komphela says I’m from the DA, it’s clear that he knew that Mr Lee had taken half of my speech. But thanks for the compliments anyway, hon Komphela. Other speakers have clearly indicated …
Mr B M KOMPHELA: Chairperson, because he had walked out with the DA, I mistook him for someone from the DA. I apologise. [Laughter.]
Mr G P D MACKENZIE: Other speakers have clearly indicated why there is a need for this Bill, mainly because of the tragedies that occurred at Ellis Park and Orkney.
For myself, however, this Bill reminds me of my life on a farm as a boy of 10 years old. My father was a sugar cane farmer near Dumisa, not far from the lower KwaZulu-Natal South Coast. I was at boarding school and I had a huge passion for sport. During one holiday I asked my father whether he could arrange a race over a mile on the farm, with the labourers’ children, including me and children from the other neighbouring farms.
The venue for the event was to be at our farm. The prizes were a sheep for the winning farm labourers and chocolates for the winning runners. The event took place on a Sunday. The families and their children arrived on tractor trailers from nearby farms. Because of the novel nature of the event and the excitement it had created, other curious spectators arrived from surrounding rural areas. A large crowd had assembled in an expectant mood.
The event became extremely festive under the boiling summer sun with large amounts of mageu [a nonalcoholic fermented brew] being consumed. After the various races had taken place, there was a mood swing that surfaced later in the day. The effects of alcohol amid the intense rivalries took hold. Violence ensued and spoiled what was supposed to be a unique occasion.
My experience from that event, however, led me to the following conclusions. Number one, black guys run faster than white guys; that hasn’t changed. Number two, planning was required. Three, there was inadequate supervision and security. And four, there was no first aid or medical aid to help the injured. I wonder, if the police had been present at that event many years ago, whether they would have arrested the organiser, my father, or the only white runner, me, or all the black runners.
That experience and many other similar experiences around the country, both large and small, that have resulted in unsafe events and venues have necessitated the need for this Bill.
The Bill provides for measures to safeguard the safety and security of persons and property at sports, recreational, cultural and similar events held at stadiums and on routes; and further provides, inter alia, for accountability of event organisers, risk categorisation of events, safety and security, event ticketing, control of access of spectators and vehicles, issuing of safety certificates, deployment of security services and public liability insurance for events.
I wish to focus on the areas of the Bill that have special importance to Cope. One, with regard to events ticketing, this Bill has tightened up loose ends that exist in the system. South Africans have a habit of buying tickets on the last day of an event, hence the Ellis Park disaster. The Bill ensures that same-day ticket sales will not take place at the venue in order to prevent potential stampedes. The new system will also help eliminate ticket touting, fraud and football hooliganism.
Two, with regard to public liability insurance, this requirement has closed the loophole in the system. Previously, victims of violence and disasters or surviving spouses and families would attempt to get compensation from the government. Event organisers and venue operators now, however, must be in possession of valid public liability insurance with the insurance company registered with the Federal Deposit Insurance Corporation, FDIC.
Three, the venue operations centre, VOC, will ensure that all role-players involved in the event co-ordinate efficiently and safely all elements of the event, eg road access, policing, disaster management, etc. The police commissioner, in conjunction with the VOC, will make a determination of the risk of the event, that is whether it will be considered low or high risk.
For high-risk events, the VOC will be able to monitor access and exit points in the event of a disaster. Further, they will be able to identify people inciting violence within the venue.
With regard to rural events – and this is a challenge – it is apparent that there are going to be challenges to the implementation of the Bill in rural areas. At public hearings in Umtata, people indicated that there was only one ambulance in the entire region and that the police do not have enough equipment or the right vehicles to adequately control a large crowd. An education campaign on the Bill will have to take place in rural areas to ensure compliance. Five, with regard to the World Cup, this Bill will bring South Africa in line with other major international sporting destinations. It will also dovetail into the Fifa World Cup requirements on safety. Further, it will enhance South Africa’s position as a host of major global sporting events and other events.
Public hearings were held in five provinces and a good cross-section of opinion was canvassed in both rural and urban areas. This opinion was collated from event organisers, sponsors, schools, sports federations, clubs, civic groups, religious groups, municipalities, etc – that is a full cross-section of South African society. We in Cope are pleased that much of the input was included in the final Bill.
Cope would like to congratulate the chairperson of the Portfolio Committee on Sport and Recreation, hon Komphela, on his energetic and thorough work on this Bill. His approach was inclusive, which other committees could do well to emulate.
We would also like to extend our thanks to the support staff, the SAPS and the legal teams for their valued contribution. A full range of opinion was heard and respected, and that resulted in broad consensus across party lines for the Bill.
Although Cope had some reservations about the practicality of some tenets of the Bill, we believe that the positives overwhelmingly outweigh any reservations that we have expressed as they have been largely addressed.
Cope will support the Bill. [Time expired.]
Mr B W DHLAMINI: Chair, Minister and hon members, I hope the chairperson of the portfolio committee has not joined the SABC’s campaign of pretending that the IFP does not exist in the House by not mentioning our participation.
With only 113 days to go to Africa’s first Soccer World Cup, it is necessary that we debate and reflect on the safety and wellbeing of all people who attend important sporting and entertainment events on South African soil. South Africa has become one of the world’s most popular destinations for the hosting of major international sporting events, but the Ellis Park and the Orkney soccer disasters have highlighted several shortcomings with regard to the current measures that we have in place at our stadia countrywide.
On 11 April 2001, after a soccer match between arch rivals Orlando Pirates and Kaizer Chiefs, a stampede led to 43 people losing their lives at an overcrowded Ellis Park Stadium. The disaster shocked our nation and led to the establishment of a commission of inquiry, chaired by Justice Ngoepe, to establish what happened on that fateful night and to identify mechanisms to prevent such disasters in the future. Some of the reasons cited in the findings of the commission included corrupt security officials, dereliction of duty by stadium personnel, a poor focus by attendants and lack of proper planning to deal with the capacity crowd.
Role-players had also failed to identify areas of responsibility, resulting in security functions either not being carried out properly or not being carried out at all. There was also undisputed evidence which showed that security personnel accepted bribes to allow spectators without tickets into the stadium. Some access points were unmanned, enabling people to walk through without tickets.
Needless to say, we cannot allow any of the unacceptable and unscrupulous actions cited above to disrupt our successful hosting of the 2010 Soccer World Cup; neither can we allow such a disaster to occur ever again at any other event hosted within South African borders.
Therefore, the proposed Bill before us today – which seeks to implement minimum safety and security standards at sports and recreational events – is the way forward and the IFP welcomes the proposals in the Bill.
I am especially pleased that the planning, management and enforcement of safety and security at sports and recreational events held at stadia and other venues – including events in the form of a race, tour or a procession along a road, and political rallies – will, as from the implementation of this Bill, be managed by professional people with experience in the field of safety and security.
But let me signal a warning today that some sections of the Bill are ambitious, to say the least. The Bill, which seeks to promote the physical safety and security of individuals attending sports and recreational events and their property, will fail in its proposed mandate unless, Nyambose, we address the serious crisis in the private security sector, namely improper regulation, incompetence and corruption.
In line with our Constitution, it is the government’s obligation to keep its citizens safe but, more importantly, the safety of visitors to our country, especially during the 2010 Soccer World Cup event, is non- negotiable. Whether we are able to protect our international and local sporting spectators will determine whether our country will remain a desirable destination for the hosting of such events in the future. The IFP supports the Bill. [Applause.]
Mr J J MCGLUWA: Chairperson, the ID congratulates the Portfolio Committee on Sport and Recreation and all role-players on their efforts to improve safety and security in sports and avoid incidents like the Oppenheimer and Ellis Park tragedies in future. The experience gained during the 2010 World Cup should be seen as a yardstick for future events, while this Bill confirms international safety measures to be implemented at sporting events.
Some aspects of the Bill deal with football hooligans. Despite the marketing of a protective vest by an English company, we know that we are going to have a difficult time dealing with football hooligans.
South Africa has a brilliant track record and is ready. South Africa has already hosted the Rugby and Cricket World Cups, the Africa Cup of Nations, and the Mountain Bike World Cup, to mention but a few premier events. Last year, when the Indian cricket authorities were unable to host the Indian Premier League in their own country, South Africa stepped in and made a tremendous success of the event. The ID supports the Bill. [Applause.]
The HOUSE CHAIRPERSON (Ms M N Oliphant): Order, please! I have been informed that the hon member will make her maiden speech. Will hon members please respect that? [Applause.]
Mme G K TSEKE: Modulasetilo, Maloko a a tlotlegang a Palamente, dumelang. E re ke tshwaele ka gore komiti ya rona ya metshameko ya Palamente ya Rephapoliki ya Aforika Borwa, ntle le rre Dhlamini wa IFP le rre McGluwa wa ID, komiti ya rona ga e a felelela, ka moo re rata go ba leboga; ra re bontsi bo bolaya noga. (Translation of Setswana paragraph follows.)
[Mrs G K TSEKE: I convey my greetings to the Chairperson and hon Members of Parliament. May the House take note that the Portfolio Committee on Sport and Recreation of Parliament of the Republic of South Africa is not complete yet, we have the absence of Mr Dhlamini of the IFP and Mr Mc Gluwa of the ID. However, we would like to thank them in absentia; because we believe that two heads are better than one.]
It is a great honour for me to be part of this debate on the passing of the Safety at Sports and Recreational Events Bill. Today Africa is a continent under reconstruction. Our valued sportspeople in our country and abroad, as they travel, see a lot of exciting work in progress in many sectors of our society to give meaning to our humanity together with the nations of the world.
The ANC’s efforts to build a national democratic society are significant and meaningful to Africans, particularly with regard to the need to respect the dignity of all human beings and embrace the universal values of ubuntu, compassion and human solidarity.
It is in this context that the Bill seeks to fit in, because the experience of human savagery directed against us in the past is deeply embedded in our collective memory. South Africa has entered into a second decade of freedom with the strengthening of democracy and acceleration of the programme to improve the quality of life of all the people through sports.
Steadily the dark night of white political minority domination is receding into distant memory. I am raising this because we all know that today the South African nation is a product of many streams of history and culture representing the origins, dispersal and reintegration of humanity over hundreds of thousands of years.
The Freedom Charter says the people shall govern, and based on the submissions made by the people of our country, yes, we are convinced that this is the government of the people by the people. [Applause.]
During the public hearings held in Gauteng, a submission was made by Mr Erasmus, who works in the disaster management department in Gauteng, who was on duty during the Ellis Park disaster on 11 April 2001, as indicated by my colleagues. He indicated that there was no one in the venue operations centre who could take the lead in giving clear instructions to the people.
Cars were parked haphazardly, blocking the way of emergency vehicles. No one was there to assist even people with disabilities at the exit points. It was just a complete disaster.
He therefore requested that the Bill be beefed up, particularly with regard to modern equipment, access control to venue operations centres, role- players who are able to take up their responsibilities and members who remain in the venue operations centre throughout.
The Bill indicates that a controlling body or an event organiser must put in place measures to ensure the physical safety and security of our people and their property. An event organiser must co-operate and work together with the event safety and security planning community and venue operations centre commander in executing their tasks.
The Bill requires the event organiser to submit, at least six months before the start of the calendar year for that specific sport, religious or cultural activity or season, in the case of seasonal sport, an annual schedule of events with the prescribed information and sufficient particulars of the planned event - like the Super 14 or Premier Soccer League - to the national commissioner. He is then expected to make a categorisation of the safety and security risks associated with each event contained in the schedule.
Where an event cannot, by virtue of anything of an unforeseen nature, be planned to fall within the schedule of events and is scheduled to take place within six months before the start of a calendar year, the event organiser must, upon initiating plans for that event, submit details for that event to the national commissioner to make a provisional risk categorisation.
In making a risk categorisation, the national commissioner must take into account the popularity of the teams that will be playing, the expected attendance, any historic record of attendance at similar events, the certified safe capacity of a stadium, any historic record of safety and security, any threat analysis information regarding the event and any other factor that the national commissioner considers appropriate.
Upon making risk categorisations, the national commissioner must give a written notification to the hosting local municipality and he must also designate, in writing, a police official suitably qualified with experience in event policing matters as an authorised member, who will also be the venue operations centre commander and the chairperson of the event safety and security planning committee for each event categorised as medium or high risk.
In addition to the authorised member, the event safety and security planning committee must consist of disaster management departments, emergency service providers, security services of the state, health and medical service providers and others.
Ka nako ya metshameko, balaodi ba ditediamo ba tshwanetse go dira kopo ya go ntšhafatsa tiriso ya ditediamo tsa bona mo ntlheng ya tshireletso go bo Mmasepala. Ntšhafatso e, e tshwanetse go diriwa ngwaga le ngwaga kgotsa pele ga malatsi a le 30 letsatsi la ntšhafatso le ise le fete.
Ditifikeiti di tshwanetse go nna le tumelelo ya boemo ba tiriso ya mabala e e kgotsofatsang tshireletso. Sekao, Mbombela Stadium, Mpumalanga, e tshwanetse go bontsha palo ya 43 000 e e tsayang babogedi, eseng go feta. (Translation of Setswana paragraphs follows.)
[During the staging of soccer matches, the stadia management have to apply for the renewal of a stadium’s safety and security certificate from the municipality. This renewal application should be done annually or 30 days before the existing safety certificate expires.
The certificates should entail an agreement of a satisfactory state of safety and security. For example, Mbombela Stadium, Mpumalanga, should host a capacity crowd of 43 000 spectators, as that is the number it takes, not more than that.]
The venue operations centre at an event is where the entire safety and security operations at the stadium are co-ordinated. Let me assure you, all the stadiums have complied. The venue operations centre commander must ensure that a written contingency and operational plan is prepared by the event safety and security committee, which must also determine which key role-players amongst all the service providers should staff the centre for the duration of the event.
In conclusion, I believe this Bill will ensure compliance by all the stakeholders in this regard. Thank you.
Mrs C DUDLEY: Chair, the Ellis Park soccer disaster of 2001 and the subsequent findings and recommendations of the commission of inquiry into the disaster have necessitated the Safety at Sports and Recreational Events Bill.
Controlling bodies of all sports and recreational events, organisers, stadium and venue owners and managers will be required in terms of this Bill to place the broader interests of the public above their own by promoting spectator-friendly, safe and secure sports and recreational events. Safeguarding the interests of South Africa as a destination for the hosting of major international sports and recreational events is also a priority. The ACDP will support this Bill.
Premier Soccer League prosecutor, Zola Majavu, however, has referred to the new Bill as impractical and unlikely to get off the ground as it is impossible, he says, to give a schedule of matches six months ahead of the time; and the police commissioner can pull the plug on games if event organisers or clubs don’t comply. He also raised concerns that the venue safety certificate could disqualify many clubs and cause ticket prices to rise in order to cover increased security.
Paramedic and private ambulance companies have expressed concerns that reference to a requirement for medics at every sporting event does not specify what level of medic. When called out to minister to injuries at sporting events, especially those at schools, they often find the event has been covered by a first-aid trainee trained by the organisers with inadequate experience and equipment.
Lastly, the ACDP would like to draw attention to the need for increased numbers of well-trained traffic police, particularly throughout the World Cup to ensure safer road use. Our record of road accidents is cause for concern and, therefore, likely to be as great a danger to fans and players as any potential stadium crime. Thank you.
Mr R B BHOOLA: Madam Chairperson, indeed South Africa must be commended for its organisational ability to host world-class events. The MF supports the Bill, particularly considering that we are staging the world’s greatest event.
There have been tragedies at the football stadia in South Africa. It is therefore absolutely imperative to take precautionary measures.
There have been major tragedies in Gauteng, Europe and also in the UK. Such a Bill is necessary and, indeed, it is long overdue. It is very important that our state oversees the security of our sporting events in our stadia.
The MF would also like to commend the chairperson and the members of the portfolio committee for their sterling work in ensuring that the consultative processes have been adhered to. Indeed, sport does not see race or face. It helps immensely in bringing communities together.
I want to actually deal with the issue of the hon member from the ID, who said that Indians could not host. I think he was referring to India. Furthermore, it is not that they could not host, but it was purely an issue of security and policy fiasco. [Interjections.] The MF will support the Bill.
Mr J J VAN DER LINDE: Hon Chairperson, with regard to the physical wellbeing and safety of persons and property at events, in whichever form the event might be - we have heard it can be sports, rugby or anything -there are important needs that require serious attention.
Various serious incidents, as mentioned by the Minister, Mr Komphela and other speakers, were identified and led to the drafting of this Bill. This Bill is aimed at providing interventions which will improve the safety and control of mass attendance at future events. The erection of scores of large stadiums necessitates the need for an even- handed approach and the guarantee of safety where there is a possibility of risks. It is acknowledged that most stadiums and sporting bodies have existing measures in place to secure the safety of spectators during sporting matches and events.
This Bill, therefore, is the outcome of various participatory and representative public hearing processes. These processes concluded that the Bill will lay the foundation for a broad and all-inclusive approach to safety and security at all our events.
Important aspects that are being addressed in the Bill to meet the above demands are, inter alia, to ensure the accountability and the responsibility for safety and security at events. This implies that the controlling body or the stadium owner must establish an event safety and security planning committee for each event.
The national commissioner plays a vital role. The safety and security committee must ensure that a safety plan is in place. A proper ticketing system has to be in place and that implies that no commercial buying and selling of tickets should be allowed.
Daar mag geen kaartjieverkope op die dag van die wedstryd by die hekke wees nie. [There may be no selling of tickets at the gates on the day of the event.]
The event organiser must submit an annual schedule of events to the national commissioner, at least six months before the season or event. This will enable the commissioner to categorise the safety and security risks of each event.
Safety certificates must be issued for different venues. This certificate will outline the risk associated with the event at that stadium.
High-risk events have a two-year phasing-in period. That means that if the Bill is passed within a month, the high-risk event or the person who owns a high-risk stadium will have two years to comply with the law. A medium-risk event has a three-year phasing-in period; and a low-risk event has a five- year phasing-in period.
Hierdie sertifikate moet binne die tydperke verkry word met die klem ook op ons plattelandse gebiede waar die gebeure hoofsaaklik van ’n lae risiko aard is. Dit wil sê, die infasering van lae risiko gebeure is vyf jaar, maar ons moenie vergeet van daardie stadiums of plekke nie. Dis my bekommernis en dis hoekom ek dit beklemtoon dat daar na daardie aspekte gekyk moet word. (Translation of Afrikaans paragraphs follows.)
[These certificates will have to be acquired within this period, with the emphasis on our rural areas as well, where the events are mostly of a low- risk nature. That is, the phasing in of low-risk events is five years, but we should not overlook those stadiums or places. This is my concern and this is the reason why I want to emphasise that these aspects have to be attended to.]
Public liability insurance for each event should be in place.
Dit moet weereens beklemtoon word dat hierdie reël ook van toepassing sal wees by laerisikowedstryde en-gebeure. Ek kan baie goed onthou dat ek in 1984 ’n wedstryd by Groenpunt gespeel het en dit was oorlog. Dit was nog die ou rugby. Dit was oorlog en as daardie veld ’n lae risiko is, dan het ons probleme.
Ons het ook ’n wedstryd gehad by die Adcock-stadion en die dieselfde het daar gebeur. My waarskuwing is dus net: omdat laerisikogebeure ’n vyf jaar intree fase het, moet daar nie vergeet word dat daardie sertifikate ook verkry moet word nie. (Translation of Afrikaans paragraphs follows.)
[It needs to be emphasised once again that this regulation will also be applicable to low-risk matches and events. I can recall very clearly a match that I played at Green Point in 1984, and it was war. It was still the old rugby format. It was war and, if that ground was considered low- risk, then we’ve got problems.
We also had a match at Adcock Stadium and the same thing happened there. I would just like to sound this warning: because low-risk events have a phasing-in period of five years, the obtaining of those certificates should also not be overlooked.]
The Portfolio Committee on Sport and Recreation is confident that the country will benefit from this Bill and that it will contribute to the improvement of the safety and security at all our events. The DA believes that this Bill will have a profound effect and recommends that this Bill be approved. Thank you. [Applause.]
Mnu L SUKA: Sekela Somlomo wale Ndlu yoWiso-mthetho, namhlanje yimini yembali enkulu kweli loMzantsi Afrika kwicala lezemidlalo nolonwabo. Sishukumisa amathambo abantu ababesaya kudlala imidlalo ngokubanzi. Ndithetha ngamadoda namankazana afana nooTata uDan Qeqe, indoda eyayisaziwa kakhulu eyayidlala indawo esembindini apha e-Oudtshoorn, uTat’uTolly Andrew Grootboom, ngaloo minyaka. OoBra Dabs, aph’ eKapa, oo-Ace Ntsoelengoe, oo Peter Mkatha nooLesoro. Ndicinga ukuba amathambo abo ayashukuma namhlanje xa sisenza inguqu, siphucula ubomi babantu kwezemidlalo.
Athi amakhumsha “Give us the tools and we will finish the job.” Kwakha kwatsho umphathi xa wayejongene nemfazwe ngeloo xesha. NgesiXhosa ke sithi: “Sinike izixhobo siwugqibezele lo msebenzi.” Namhlanje sibhala enye imbali ngokuthi siphumeze umthetho ojongene nokhuseleko kwezemidlalo nolonwabo kweli lokhokho bethu, kuba sigxile kulaa mqulu wombutho othandekayo kweli loMzantsi Afrika, i-ANC, uMqulu weNkululeko. Phaya kukho umqolo othetha ngokhuseleko: “Abantu baya kuhlala ngoxolo bekhuselekile.” Lo Mthetho ke ungena apho.
IMithetho esiyiqulunqayo kule Ndlu yoWiso-mthetho ijongene nokubuyisa isidima kunye nesihomo sethu kwezemidlalo, kulinganwe xa kusenziwa izinto kweli lizwe lethu. Ngoko ke, xa sijongene nezemidlalo, kuza kufuneka ukuba oomasipala basekhaya baqiniseke ukuba apho kukho khona amabala okudlala loo mabala akulungele ukusingatha loo midlalo, phambi kokutyikitya isiqinisekiso sokuba elo bala lisemgangathweni. Zikhona ke izinto ezijongwayo ukuze ibala libe semgangathweni. Ngalo lonke ixesha ibala ngalinye siyalazi ukuba kufuneka linamasango amabini, akunakubakho isango elinye, kungenjalo kuyakuba yintlekele embi xa kunokwehla isehlo. Kufuneka kubekho izixhobo zokucima umlilo kwelo bala nezinye izinto esele zikhankanyiwe apha.
Okwesibini, elo bala lezemidlalo kufuneka limana lihlaziya amaphepha-mvume okuququzelela loo midlalo, ukuqinisekisa ukuba lisenakho ukuyisingatha zingaphelanga iintsuku ezingama-30 phaya koorhulumente basekhaya. Amabala ezemidlalo akhiweyo okanye amatsha kufuneka angqamane nemigaqo-siseko yokhuseleko, kwaye abe nazo neendawo zokusebenzisana nabantu boncedo lokuqala.
Xa kuza kubakho imidlalo eza kuginya imithamo emikhulu, ekukrokreleka ukuba abantu baza kuphuma babe yinyambalala, abaququzeleli kufuneka badibane nomKomishinala wamaPolisa oMzantsi Afrika ukwenzela ukuba azanelise ukuba imigaqo yokhuseleko ifikelelwe. (Translation of isiXhosa paragraphs follows.)
[Mr L SUKA: Deputy Speaker of the National Assembly, today is a historic day in South Africa with regard to sport and recreation. We are remembering people who used to play various kinds of sport. I am speaking about men and women such as Dan Qeqe, a well-known man who used to play centre in Oudtshoorn in those years, and Tolly Andrew Grootboom. I’m also referring to men such as Dabs, here in Cape Town, Ace Ntsoelengoe, Peter Mkata and Lesoro. I think today they are turning in their graves when we are making changes, improving the lives of our people with regard to sport.
The English-speaking say: “Give us the tools and we will finish the job.” This was once said by a general who was waging war at the time. “Give us the tools; we will finish the job.” Today we are writing history by promulgating the law which provides for safety in sport and recreation in the land of our forefathers. We are focusing on the charter of the popular organisation in South Africa, the ANC, and that is the Freedom Charter. In it there is a line that refers to safety: “People shall live in peace and safety.” This Act is therefore relevant.
The Acts that we promulgate in this National Assembly are for the purpose of restoring our dignity in sport, so that we are equal when we engage in sporting activities in our country. Therefore, when dealing with sport, the municipalities must ensure that the stadia meet the criteria for hosting such matches, before they can be certified. There is a set of criteria that a stadium must meet. There should be two entrances at all times - there simply cannot only be one entrance, otherwise there will be a disaster should anything happen. There must also be fire extinguishers in the stadium, and there are other requirements that have already been mentioned.
Secondly, the permit of the stadium must be renewed, to ensure that it can still host such matches within 30 days. The newly built stadia must satisfy all safety guidelines, and they must also have facilities for emergency personnel.
When big matches are hosted where many people are expected to attend, the organisers must consult the South African Police Commissioner so that he can also satisfy himself that all safety guidelines have been met.]
The South African community needs to remember that on various occasions lives have been lost through no observance of safety measures in major events. A glaring case in point is the Ellis Park disaster; I think this has been said loud and clear. Ngoko ke lo Mthetho ujongene nokuncedisana nabaququzeleli kunye nabaxhasi ukuze baziqaphele ntlangothi-mbini izimo zabo. Kungoko kubalulekile ukuba le Ndlu yoWiso-mthetho iwamkele lo Mthetho ngezandla ezingenamikhinkqi. (Translation of isiXhosa paragraph follows.)
[This Bill, therefore, seeks to address both the organisers and the fans so that they can be aware of their conduct. That is why it is important that the National Assembly passes this Bill without delay.]
The other area that we need to pay attention to is the application of this legislation, which needs to be monitored very closely, so that it is not used to the advantage of big, well-established event management service providers at the expense of our SMMEs.
Amashishini asakhasayo kuza kufuneka ejongiwe ngulo Mthetho ukwenzela ukuba ingabi nguMthetho oza kuhluthisa okanye oza kuncedana nabo sele bekwazi ukuzimela. (Translation of isiXhosa paragraph follows.)
[This legislation must also take into consideration small businesses, so that it does not become legislation that provides for, or assists, only big and independent businesses.]
In the case of amateur sporting activities, it is also clear that for the sports bodies and organisers to rise to the dictates of this Bill, all three spheres of government shall have to make available resources or enough funding to meet the standards that are required by this Bill.
The co-operation between the private security personnel and the state security agencies will have to improve in communicating the same message to the public. In this regard, the functions of event safety and security planning are clearly defined.
Akukho mntu uza kuyabula ke okanye athi elapha abe ephaya adlale indima engeyoyakhe. Elowo umntu unendawo ekufuneka ehlakule kuyo, kucace ukuba kubhekwa phi na, kodwa inye indoda ephetheyo yinational commissioner yeli lizwe.
Malungu ale Ndlu yoWiso-mthetho, njengorhulumente obaxabisileyo abantu besizwe nobomi babo kuyacaca ukuba kuyimfuneko engxamisekileyo ukuba siwuphumeze lo Mthetho sisonke, ize onke amasebe aseburhulumenteni abe zizinqininqini ekujongeni ukuba lo Mthetho uyaziwa ngabantu. Phofu ukhokelwe liSebe lezeMidlalo noLonwabo, kungabikho mntu uya kuthi thwanga okanye xa kufuneka ethethile athethe upahaha endaweni ka tyihoho.
Ze sikhumbule amazwi kaMongameli athi: “Kuza kufuneka sigxanye sisebenze ngamandla ekuziseni iinkonzo ebantwini bethu.” Kungoko ndisithi singumbutho wesizwe siyawamkela lo Mthetho ngezandla ezingenamkhinkqi. Enkosi. [Kwaqhwatywa.] (Translation of isiXhosa paragraphs follows.)
[No one is going to be loitering or playing someone else’s role. Each person must play his specific role, so that we are able to see progress, but there is only one man who is in charge, and that is the national commissioner of this country.
Members of this National Assembly, as a government that values the people and their lives, it is clear that there is an urgent need for us to pass this Bill, so that all departments can start to ensure that people know about it. This must, however, be led by the Department of Sport and Recreation so that no one will be confused and give irrelevant comments.
Let us remember the words of our President: “We must hurry and work diligently to deliver services to our people.” That is why I am saying we, as the organisation of the nation, must accept this Bill without delay. [Applause.]]
The MINISTER OF SPORT AND RECREATION: Chairperson, there is not much that we should make a fuss about after this very elaborate elucidation of both the intention and the content of this Bill. What is left for us is just to say a word of appreciation to all participants. To the hon Dhlamini, I want to apologise on behalf of the chairperson of the Portfolio Committee on Sport and Recreation. He forgot to mention the IFP, I agree with you. But in the build-up to today, he has always mentioned the IFP’s unstinting support for the Bill and creative contributions to the discussions building up to today. [Applause.]
He has also schooled me in what he calls “the Mac Kenzie clause”, reminding me of a clause of the United Democratic Front once upon a time.
I really want to thank all parties for their contribution. What this House should take home tonight is that we have witnessed the actualisation of the slogan of the ability of sport to unite people and to consolidate communities into a cohesive entity for nation-building.
This is exactly what we have seen in this debate. No one could have identified the political homes of the speakers. The issue was very clear in front of all of us, that South Africa’s integrity was at stake and the wellbeing of our people was at risk, and we needed to do something about it. It is true that there are challenges like the cost implications, hon Lee, but those are things we must deal with and take in our stride.
I am pleased to see the detailed understanding of members on how this Bill will work in terms of the grading of the risks that are attended to for each and every activity. It is not a blanket demand for all activities, hon Dudley, or for Christian activities or jazz festivals, hon Xingwana.
There will be a lesser demand, for instance, than for the World Cup either of rugby, cricket or soccer. These will be graded according to the risks as identified by our security forces. I also want to thank my colleague, Nyambose, son of Dingiswayo, the second King in this House; the first one is Faku. [Laughter.]
There were many obstacles on the way, as we should have anticipated in a Bill that traverses two national departments and makes a whole range of demands on both of them. It needed political leadership, a resolve to succeed with what we needed to succeed in. UNyambose was never stinting in his leadership, not even once; even when he was not present at the meeting he phoned. He was very clear. We moved forward, as the President would say, “vorentoe” [forward] and “vorentoe”. We marched and here we are today. [Applause.]
Gideon Boshoff, when I arrived at the department, was sitting on a huge bundle of papers, which was the first draft of this Bill. I don’t know how many hundreds of papers it was and I thought he was crazy. And I said, “What are you suggesting we do with this whole wheelbarrow of papers?”
Relentlessly he went back and forth. He had to deal with the hearings with me first before going to the hearings with the rest of society; and without any flinching, without any hesitation, he carried us right up to here. [Applause.] Hon Chairperson, even when copies of our Bill were lost three times somewhere here in this building, Gideon Boshoff reproduced other copies of this Bill each time.
We thank him and his team, and we say thank you for the whole logistical support that they received from other lawyers.
The cricket championship was a great success the an extent that yesterday we received a letter from Cricket South Africa announcing that the Indian cricket authorities - hon Bhoola, I must be careful now [Laughter.] - have again requested that South Africa host that tournament in September. [Applause.]
I am glad you are giving me the mandate to go to Cabinet and ask them to endorse that request. These are the events that, if handled properly, will enhance the stature of our country and deal with the Afro-pessimism that hon Dudley heard from Majavu. There will always be such people who tell you it will not happen, but we must make it happen despite the pessimists. Working together, as we did today, there is nothing that can stop us. Thank you very much. [Applause.]
Debate concluded. Bill read a second time.
The House adjourned at 17:54. __
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
ANNOUNCEMENTS
National Assembly
The Speaker
- Referral to Committees of papers tabled
(1) The following papers are referred to the Portfolio Committee on
Transport for consideration and report. The Report of the Auditor-
General on the Financial Statements and Performance Information is
referred to the Committee on Public Accounts for consideration:
(a) Report and Financial Statements of the South African
Maritime Safety Authority (including the Maritime Fund) for
2008-09, including the Report of the Auditor-General on the
Financial Statements and Performance Information for 2008-09.
(2) The following paper is referred to the Committee on Public
Accounts for consideration and to the Portfolio Committee on Arts
and Culture:
(a) Letter from the Minister of Arts and Culture, dated 18
January 2010, to the Speaker of the National Assembly,
explaining the delay in the submission of the annual report of
the National Heritage Council for 2008-09.
(3) The following papers are referred to the Portfolio Committee on
Trade and Industry:
(a) Government Notice No 905, published in Government Gazette
No 32567, dated 18 September 2009: Standards Matters (Schedule
1: Issue of new standards) in terms of section 16(3) of the
Standards Act, 2008 (Act No 8 of 2008).
(b) Government Notice No 936, published in Government Gazette
No 32600, dated 2 October 2009: Standards Matters (Schedule
1: Issue of new standards) in terms of section 16(3) of the
Standards Act, 2008 (Act No 8 of 2008).
(c) Government Notice No R.1058, published in Government
Gazette No 32692, dated 6 November 2009: Proclamation of the
effective date for the operation of the National Gambling
Exclusions Database in terms of section 87 of the National
Gambling Act, 2004 (Act No 7 of 2004).
(d) Government Notice No 1039, published in Government Gazette
No 32673, dated 6 November 2009: Standards Matters (Schedule
1: Issue of new standards) in terms of section 16(3) of the
Standards Act, 2008 (Act No 8 of 2008).
(e) Government Notice No 1065, published in Government Gazette
No 32694, dated 13 November 2009: Proposed amendment of the
compulsory specification for plugs, socket-outlets and socket-
outlet adaptors (VC 8008) in terms of section 13(4) of the
National Regulator for Compulsory Specifications Act, 2008
(Act No 5 of 2008).
(f) Government Notice No 1066, published in Government Gazette
No 32694, dated 13 November 2009: Proposed amendment of the
compulsory specification for glow starters for fluorescent
lamps (VC 8039) in terms of section 13(4) of the National
Regulator for Compulsory Specifications Act, 2008 (Act No 5 of
2008).
(g) Government Notice No 1067, published in Government Gazette
No 32694, dated 13 November 2009: Proposed amendment of the
compulsory specification for appliance couplers for household
and similar purposes (VC 8012) in terms of section 13(4) of
the National Regulator for Compulsory Specifications Act, 2008
(Act No 5 of 2008).
(h) Government Notice No 1068, published in Government Gazette
No 32694, dated 13 November 2009: Proposed amendment of the
compulsory specification for manually operated switches for
appliances (VC 8052) in terms of section 13(4) of the National
Regulator for Compulsory Specifications Act, 2008 (Act No 5 of
2008).
(i) Government Notice No 1069, published in Government Gazette
No 32694, dated 13 November 2009: Proposed amendment of the
compulsory specification for flexible cords for electrical
appliances (VC 8006) in terms of section 13(4) of the National
Regulator for Compulsory Specifications Act, 2008 (Act No 5 of
2008).
(j) Government Notice No R.1153, published in Government
Gazette No 32781, dated 11 December 2009: Amendment of
regulations relating to payment of levy and fees with regard
to compulsory specifications: Schedule 2 (Food products
levies) in terms of section 14(3)(b) of the National Regulator
for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
(k) Government Notice No R.1154, published in Government
Gazette No 32781, dated 11 December 2009: Amendment of
regulations relating to payment of levy and fees with regard
to compulsory specifications: Schedule 2 (Chemical, mechanical
and materials) in terms of section 14(3)(b) of the National
Regulator for Compulsory Specifications Act, 2008 (Act No 5 of
2008).
(l) Government Notice No R.1155, published in Government
Gazette No 32781, dated 11 December 2009: Amendment of
regulations relating to payment of levy and fees with regard
to compulsory specifications: Schedule 2 (Automotive products)
in terms of section 14(3)(b) of the National Regulator for
Compulsory Specifications Act, 2008 (Act No 5 of 2008).
(m) Government Notice No R.1156, published in Government
Gazette No 32781, dated 11 December 2009: Amendment of
regulations relating to payment of levy and fees with regard
to compulsory specifications: Schedule 2 (Electro-technical)
in terms of section 14(3)(b) of the National Regulator for
Compulsory Specifications Act, 2008 (Act No 5 of 2008).
(4) The following papers are referred to the Portfolio Committee on
Justice and Constitutional Development for consideration and
report:
(a) Report on the provisional suspension of a magistrate, Mr M
T Masinga, an additional magistrate at Emlazi, KwaZulu-Natal,
in terms of section 13(3)(c) of the Magistrates Act, 1993 (Act
No 90 of 1993).
(b) Report on the provisional suspension of a magistrate, Mr W
J M Prinsloo, an additional magistrate at Ermelo, KwaZulu-
Natal, in terms of section 13(3)(c) of the Magistrates Act,
1993 (Act No 90 of 1993).
(c) Report on the provisional suspension of a magistrate, Mr L
B Maruwa, an additional magistrate at Daveyton, Gauteng, in
terms of section 13(3)(c) of the Magistrates Act, 1993 (Act No
90 of 1993).
(d) Report on the provisional suspension of a magistrate, Mr M
K Chauke, an additional magistrate at Pretoria, Gauteng, in
terms of section 13(3)(c) of the Magistrates Act, 1993 (Act No
90 of 1993).
(e) Draft regulations made in terms of section 97(1) of the
Child Justice Act, 2008 (Act No 75 of 2008).
(5) The following paper is referred to the Portfolio Committee on
Police and to the Portfolio Committee on Women, Children and People
with Disabilities:
(a) Report of the Independent Complaints Directorate on
Domestic Violence for the period January to June 2009, tabled
in terms of section 18(5)(c) of the Domestic Violence Act,
1998 (Act No 116 of 1998).
COMMITTEE REPORTS
National Assembly
REPORT OF THE PORTFOLIO COMMITTEE ON WATER AND ENVIRONMENTAL AFFAIRS ON THE WITHDRAWAL OF THE DECLARATION OF LAND FROM THE LOWVELD NATIONAL BOTANICAL GARDEN, NELSPRUIT, MPUMALANGA, DATED 9 FEBRUARY 2010:
The request from the Minister of Water and Environmental Affairs for the exclusion of a portion of state land from the Lowveld National Botanical Garden was referred to the Portfolio Committee on Water and Environmental Affairs on 26 January 2010 for consideration and report.
In terms of section 34(2) of the National Environmental Management Act: Biodiversity Act (Act 10 of 2004), a part of a national botanical garden on state land may not be excluded from it except by resolution of both Houses of Parliament.
Having deliberated on the matter, the Portfolio Committee on Water and Environmental Affairs recommends that the National Assembly resolves to approve the request to exclude a portion of state land from the Lowveld National Botanical Garden.
The Committee would like the following to be noted:
The Committee was briefed by the officials of the Department of Water and Environmental Affairs on 9 February 2010 and deliberated on the matter. The following was raised:
The Committee took exception on two matters. Firstly, the department had already issued a record of decision (ROD) to proceed with the construction of the road[1] without waiting for the necessary approval from Parliament. Secondly, the comment from the departmental official to the effect that the department was bringing the matter before the committee as a ‘mere formality.’
Although the Committee agreed to recommend approval of the request to de- proclaim the portion of the land, it wishes to record its disapproval of the way in which the department approached the briefing.
[1] As part of the 2010 priority developments, the South African National Roads Agency Limited (SANRAL) is building a ring road around the town of Nelspruit. The approved alignment however cuts through a 1.47 ha portion of the northern border of the Lowveld Botanical Gardens. For the road to be completed, the said portion needs to be de-proclaimed.