National Assembly - 12 August 2010
THURSDAY, 12 AUGUST 2010 __
PROCEEDINGS OF THE NATIONAL ASSEMBLY
______
The House met at 14:02.
The Deputy 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
Mr N J VAN DEN BERG: Deputy 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 state of governance in the Department of Communications
considering that, in a recent briefing to the portfolio committee,
the acting director-general of the department described the
department as a “sinking ship”; and
2) comes up with solutions as to how to improve the state of affairs
within this department.
Mrs S V KALYAN: Deputy 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 moral and human rights implications of climate change and whether the current mitigation and adaptation responses of the developed and developing countries suitably address these issues.
Mr J H VAN DER MERWE: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:
That the House debates the ongoing crisis with regard to our wastewater treatment system countrywide. With billions of rands needed to fix the system and with less than 45% of the systems performing at acceptable standards, this sector is in complete disrepair and on the verge of collapse.
Prof B TUROK: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House debates the new economic Growth Path.
Mr P D MBHELE: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of Cope:
That the House –
1) debates the impact that the sharp rise in prices of grain, on
account of a world-wide shortage, will have on the lives of South
Africans, especially the poor, as bread is a staple food for the
largest portion of our population; and
2) calls on government to take decisive and proactive measures to
ensure adequate supplies of wheat and stable prices so that the
poor in our country are not adversely affected by the anticipated
surge in wheat prices.
Mrs J C MOLOI-MOROPA: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House debates an integrated Public Service.
Ms H N MAKHUBA: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:
That the House —
1) debates the critical lack of sports development initiatives at
primary and high schools nationwide; and
2) further debates how we can implement and increase the use of sport-
based programmes to improve children’s lives and strengthen
communities.
Mr E J MARAIS: Deputy 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, in light of mining company Lonmin being prohibited from
selling the by-products from its platinum production, whether the
Mineral and Petroleum Resources Development Act, in its current
form, is creating uncertainty in the mining sector; and
2) comes up with proposals on how this Act should change in order to
encourage investment in this sector.
Ms S K MOLAO: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of Cope:
That the House —
1) debates the issue of the culture of burning, torching or tyre
necklacing of victims of attacks, more lately xenophobic attacks;
and
2) calls on government to stem the tide of impunity, cruelty and mob
rule that threaten to degenerate into a state of lawlessness
through poor policing, failed investigation and lack of arrests of
perpetrators.
Mr N A RAMATLHODI: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House debates the transformation of the judiciary.
Mr S N SWART: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ACDP:
That the House debates the scourge of human trafficking that involves some 30 million vulnerable persons world-wide.
Mr E M SULLIMAN: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House debates the proposed National Health Insurance.
INTERNATIONAL YOUTH DAY
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Deputy Speaker, I move without notice:
That the House —
1) notes that in December 2009 the United Nations General Assembly
adopted a resolution proclaiming 12 August as International Youth
Day;
2) further notes that, in line with the theme for the International
Year of Youth, the theme for this year’s International Youth Day is
“Dialogue and Mutual Understanding”, and the choice of this theme
reflects the General Assembly’s appreciation of the value of
dialogue among youth from different cultures as well as among
different generations;
3) recognises that International Youth Day will be celebrated at
United Nations headquarters in New York with the global launch
event of the International Year of Youth which will be a
celebration of young peoples’ energy, imagination and initiatives
and will recognise their crucial contributions to enhancing peace
and development; and
4) further recognises that International Youth Day is an opportunity
to demonstrate the government’s commitment to the youth.
Agreed to.
BAFANA BAFANA VICTORY AGAINST GHANA
(Draft Resolution)
Mrs S V KALYAN: Madam Deputy Speaker, I move without notice:
That the House -
1) notes that on 11 August 2010 Bafana Bafana defeated Ghana's Black
Stars 1-0 in a friendly soccer match played at the FNB Stadium in
Johannesburg;
2) further notes that Katlego Mphela scored the winning goal in the
47th minute of the match to secure victory for Bafana Bafana;
3) recognises that a victory over the 23rd-best soccer team in the
world is the perfect morale booster for the team as it commences
its preparations for its Africa Cup of Nations qualifier match
against Niger in September;
4) congratulates the team and its management upon an excellent
victory; and
5) calls upon all South Africans to continue to fly the flag for
Bafana Bafana and help the team to build upon this momentum going
into its Africa Cup of Nations qualifier match against Niger in
September.
Agreed to.
INAUGURATION OF BRONISŁAW KOMOROWSKI AS PRESIDENT OF POLAND
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Deputy Speaker, I move without notice:
That the House —
1) notes the inauguration of Bronisław Komorowski as the new President
of the Republic of Poland on 6 August 2010, following the death of
former President Lech Kaczynski and 96 others in a plane crash in
western Russia in April;
2) congratulates President Komorowski on his newly elected position as
head of state; and
3) wishes him well during his tenure as President of the Republic of
Poland.
Agreed to.
CONGRATULATIONS TO UCT AND SASOL PARTNERSHIP ON INVENTION OF MAGNETOMETER
(Draft Resolution)
Mrs C DUDLEY: Deputy Speaker, I move without notice:
That the House -
1) notes that a partnership between Sasol and the University of Cape
Town’s Centre for Catalysis Research has yielded the invention of a
device called a magnetometer;
2) further notes that the fully computer-controlled device is the
first of its kind in the world and will add great value to research
in a variety of fields, including nanotechnology, as it enables
scientists to examine ferro-metallic catalysts to discover the
physical changes that catalysts undergo during process situations
such as in the production of fuels;
3) acknowledges that the team has filed a joint international
application to patent this product which has already produced a
number of significant scientific conclusions; and
4) congratulates the research team, Michael Claeys and Eric van Steen
of UCT, and Jan van de Loosdrecht and Kobus Visagie of Sasol
Technology, part of the long-standing collaboration between Sasol
and UCT in the field of catalysis research, which has brought
honour to the nation.
Agreed to.
MOTION OF CONDOLENCE
(The late Ms Louisa Phumela Zama)
The CHIEF WHIP OF THE MAJORITY PARTY: Deputy Speaker, I move without notice:
That the House — 1) notes that Louisa Phumela Zama, aged 27, collapsed and died in Parliament on 4 August 2010;
2) further notes that Zama was one of three people in a delegation
representing a KwaZulu-Natal Reserve Force unit, the Durban Light
Infantry, and was halfway through her submission on the Defence
Amendment Bill when she collapsed;
3) appreciates the attempts by the Chairperson and members of the
Portfolio Committee on Defence, and the Parliamentary nurse, who
unsuccessfully tried to resuscitate her until the paramedics
arrived; and
4) conveys its heartfelt condolences to her family, friends and the
Durban Light Infantry.
Agreed to.
MOTION OF CONDOLENCE
(The late Mrs Cheryl Gillwald)
The CHIEF WHIP OF THE MAJORITY PARTY: Madam Deputy Speaker, I move the draft resolution printed in my name on the Order Paper as follows:
That the House —
(1) notes with great sadness the news of the passing of Mrs Cheryl Gillwald on 27 July 2010 at the age of 53 from cancer;
(2) further notes that Gillwald was born in Welkom in the Free State on 13 December 1956, matriculated in 1974 at Roedean in Johannesburg and that, after one year at Washington High School in Wisconsin as an American Field Service exchange student, she completed a Bachelor of Commerce degree at the University of the Free State;
(3) recognises the community work she did in the township of Intabazwe as a young woman, that she also helped start the Fundisanani Community Trust which, among other things, built a centre for street children, and also organised winter schools where she lined up student teachers from the University of the Free State to help township matric students with their maths and science;
(4) further recognises that she joined the African National Congress when it was unbanned and in 1994 was called to Parliament to serve in the Senate and then the National Council of Provinces, which replaced it, and that she was appointed as Deputy Minister of Justice in 1999 and of Correctional Services in 2004; (5) remembers that Gillwald was extremely hardworking, efficient and conscientious and produced a regular and informative newsletter for her constituents in Intabazwe; and
(6) conveys its heartfelt condolences to her husband, son, family, friends and comrades in the African National Congress, the Women’s League, the Alliance and the community of Intabazwe she served and loved.
Mr J SELFE: Madam Deputy Speaker, we in the DA associate ourselves with the sentiments that are expressed in the motion that appears on the Order Paper.
The late Cheryl Gillwald and I became members of the Senate together in
- Those of us who were fortunate to be Senators will attest to the fact that it was a place in which close personal friendships developed despite political differences. The Deputy Minister of Basic Education, hon Musa Zondi, hon Bishop Tolo and many other people in this House and, indeed, people outside of this House – like Jackson Mthembu – were members of that club.
Cheryl Gillwald was a member of that club, and she and I shared many common interests. We were both social reformers. Our children were the same age, and we shared notes on the trials and tribulations of raising teenagers. We loved the breathtaking beauty of the Eastern Free State. Cheryl was a very passionate person, and I remember having intense arguments with her about how the legacies of apartheid could be most effectively overcome. We debated the role of the state, the responsibility of citizenship and the balance between them. We debated the distinction between reforming society and transforming society. Now, were these debates held in the hallowed precincts of the Senate? I regret to say, no. Rather, they were held in the members’ bar over drinks and far too many cigarettes. Nevertheless, they cemented our relationship and our friendship.
In 1999, Cheryl was appointed as Deputy Minister of Justice and Constitutional Development and in 2004 as Deputy Minister of Correctional Services, where we again had the opportunity to work closely together. Again, the debates raged on about how best to rehabilitate offenders and break the cycle of offending, about how to promote a system of alternative sentencing, to keep young offenders, in particular, out of prison, about how best to manage correctional centres so as to conform to the principles of the White Paper on Corrections. Again, the passion that Cheryl had for life and for fixing what is wrong came to the fore. But in the end, even she became dispirited, particularly at the high levels of corruption in that department and the seeming inability to overcome them.
So, when the opportunity arose to retire from politics, she took it and went to live abroad with her husband. But the spirit of her vitality, her vivaciousness and her passion will live forever in our memories. She died much too soon and much too young.
We extend our deepest sympathy to her husband, Charles Cousins, and to her son, Dane, as well as to her many friends in the ANC. Rest in peace. [Applause.]
Mr D A KGANARE: Deputy Speaker, let me, on behalf of Cope, take this opportunity to join the members of the governing party and the family and friends of the late Cheryl Gillwald in mourning the passing of one of the struggle’s stalwarts.
The late Cheryl Gillwald was a very brave woman indeed. All who knew her would freely attest to this. Sadly, she died at the very young age of 53. Even so, she led a distinguished life and has left behind an enduring legacy, as I shall point out. She was a member of this august House from 1994 to 2006. From 1999 to 2004 she served as a Deputy Minister, first in Justice and then in Correctional Services.
What made her unique amongst politicians was the manner in which she kept her focus intact. She did not see herself above the people she served, and she did not seek to use power to shield politicians like herself. She was for the people and for the preservation of their rights and freedom. Everyone acknowledges her role in making the 16 Days of Activism for No Violence Against Women and Children, in partnership with civil society, the great success that it was. Even more telling was her strongly held view, expressed in 2005, that there was a strong case to scrap the criminal records of young offenders under the age of 30, so that they did not have to battle the stigma of a criminal record when trying to find work after being released from prison. She dared to say what other politicians would not even have dared to think.
The late Cheryl Gillwald also campaigned vigorously for real change in the lives of women. The Criminal Law (Sexual Offences and Related Matters) Amendment Act, No 32 of 2007, which was passed a year after she left Parliament, will remain part of her legacy.
Our admiration for her comes from the strength of commitment to constitutionality. She held the belief that the independence of the judiciary is a principle most of us would die for. It is a very important component of a proper justice system but yes, I do believe that we need to be very careful about the way we protect victims.
Finally, I wish to use this opportunity to quote the following statement by her:
I keep thinking if we can get our boy children to think it very cool to be men of peace, to be men that accord dignity to all persons, particularly vulnerable people, then that would be our success story.
She lived and worked for a dream, for constitutionality, for peace and for justice. She is gone from amongst us, but let us step into the breach. Let all who valued her as a colleague remain true to her ideals, especially now as dark clouds gather on the horizon to threaten the freedom for which she, and all those who were in the trenches, fought and sacrificed their lives.
We extend our deepest condolences to the ruling party and to her friends and family. [Applause.]
Mr J H VAN DER MERWE: Madam Deputy Speaker, the IFP joins the DA and Cope, and all other members, in expressing its condolences to the bereaved family and friends of our dear former colleague Cheryl Gillwald. As a member of the justice committee, I had the privilege of working alongside her in Parliament for some years.
I vividly remember Cheryl as a charming person whose doors were always open to her colleagues. She had a beautiful smile and a warm personality. The tragedy is that she can no longer continue making the contributions she offered in respect of development, human rights and the ongoing struggle for social justice, and the eradication of poverty.
However, as we mourn her passing, we must also remember with gratitude the achievements she did attain within the time allotted to her. We remember Mrs Gillwald as playing a leading role in the mission to create a human rights culture in South Africa. We remember her for the work she did to improve the lives of ordinary South Africans. We remember her passion for the rights of women and children. We remember her contribution to governance and development. Throughout her political career, Mrs Gillwald displayed an outstanding work ethic, and we were impressed by her skills and leadership capacities.
Death is a particularly difficult, but totally unavoidable, bridge to cross, and we all have to face that final moment. I, myself, sometimes feel so unprepared for death, as death could take any of us at any time. The lesson we are to take to heart today is that we should all meditate more about our own approaching final moments.
May Cheryl rest in peace.
Mr N M KGANYAGO: Deputy Speaker and hon members, we gather here today to pay tribute to the late Cheryl Gillwald. On behalf of the UDM, allow me to express our deepest condolences to her family, friends and colleagues. Our thoughts and prayers are with you during this time of bereavement. The late Mrs Gillwald had a long and illustrious career with a list of achievements that far outweigh the number of years she was among us. I was privileged to work with her in her capacity as Deputy Minister. She was a really dedicated politician.
Of all her achievements, we will best remember her for her unrelenting battle against gender-based violence. It is poignant that we should be bidding her farewell so soon after national Women’s Day. She conceived of the No Violence Against Women and Children campaign when other senior members of government were prone to dismissing the severity of rape and domestic violence. In so doing she demonstrated not only vision and wisdom, but also the courage to speak up. Her passion for this important cause never wavered, and thus the campaign has become an annual event.
To her family, we can say without hesitation that she was a democrat and a nation-builder, and her legacy will live on. Perhaps it is far more difficult to be a hero in a time of peace - she certainly proved herself a heroine to every abused woman. We hope that you can take some measure of consolation in that.
We believe that she has sown the seeds of liberty with her dedication to gender equality and that, in the years to come, ten thousand Cheryls will blossom to stand up against those who abuse women. I thank you.
Dr C P MULDER: Adjunkspeaker, dit is goeie gebruik en dit is gepas dat ons in die Parlement van tyd tot tyd die geleentheid gebruik om hulde te bring aan kollegas wat afgesterf het. Ons doen dit ook vandag. Kollegas wat voor my gepraat het, het reeds verwys na die politieke hoogtepunte uit ons kollega se lewe, en dit word ook volledig vervat in die mosie wat op die oomblik voor die Huis dien.
Soos u weet, het Cheryl Gillwald van 1994 af, vir 12 jaar lank, tot 2006 in die Parlement gedien. Twee tydperke daarvan was as Adjunkminister, eers van Justisie, en later van Korrektiewe Dienste, waar sy bydraes gemaak het. In 2006 het sy uitgetree en waarskynlik gedink en gehoop dat sy ’n rustige aftrede saam met haar man gaan hê waar hulle hulself in die buiteland gevestig het.
In Januarie van hierdie jaar, ’n paar maande gelede, is sy gediagnoseer met kanker, en is oorlede – baie vroeg, op ’n baie vroëe leeftyd. Waar hierdie mosie vir ons waarskynlik vandag vertel van haar politieke wêreld en haar politieke lewe, vertel dit ons nie van haar persoonlike lewe, haar persoonlike gesinsomstandighede en haar gesin wat agterbly nie.
Namens die VF Plus wil ek graag ons opregte meelewing betuig met haar naasbestaandes, haar party en kollegas. Baie dankie. (Translation of Afrikaans speech follows.)
[Dr C P MULDER: Deputy Speaker, it is good practice and fitting that we in Parliament, from time to time, make use of the opportunity to pay tribute to colleagues who have passed away. We are also doing so today. Colleagues who have spoken before me have already referred to highlights from our colleague’s life, and this has also been comprehensively included in the motion that is before the House at this very moment.
As you know, Cheryl Gillwald served in this Parliament for 12 years, from 1994 to 2006. For two periods she was a Deputy Minister, first of Justice and Constitutional Development and later of Correctional Services, where she made many contributions. In 2006 she retired and probably thought and hoped that she could look forward to a peaceful retirement with her husband after they settled down abroad.
In January this year, a few months ago, she was diagnosed with cancer. She passed away very early, at a very young age. Whereas this motion probably tells us about her political world and her political life, it does not tell us about her personal life, her personal family situation and her family who remain behind.
On behalf of the Freedom Front Plus I would like to convey our sincere sympathies to her relatives, her party and colleagues. Thank you very much.]
Mr S N SWART: Madame Deputy Speaker, the ACDP wishes to join the other parties in expressing our condolences to the family and friends of Cheryl Gillwald today. It is clear from the tributes that Cheryl was devoted to her country and her fellow men and women. It is particularly regrettable that Cheryl passed away in her early 50s. I was shocked to learn that she died of cancer at the end of July at a very young age.
I had the honour of getting to know Cheryl when I served on the Justice and Constitutional Development and the Correctional Services portfolio committees when she was the Deputy Minister. She was firm and resolute in her attempts to bring about order to the Department of Justice and Constitutional Development and the Department of Correctional Services at a time when the Jali Commission of Inquiry had issued a scathing report on the department.
But she was also very gracious in responding to my parliamentary questions on both departments. She was very unassuming as well. I remember seeing her at the airport one day awaiting a family member, alone, with no entourage, and it was wonderful to engage her on an informal basis.
The ACDP acknowledges the major contribution she has made, both as a Deputy Minister and through her efforts to improve the lives of women and children. She has been credited with being responsible for the 16 Days of Activism for No Violence Against Women and Children. I looked up her speech on 16 November 2005 when she launched her campaign. She stated:
We need to unify across race, class and gender, across political, urban and rural divide to fight the scourge of violence against women and children.
It is significant that she already, at that stage, challenged us to turn the event into a 365-day event.
That is why words of condolences and comfort to her family and friends today are necessary. I have no doubt that she would have preferred that we as MPs rise to the challenge of fighting violence against women and children, not only for 16 days, but for the full 365 days of the year. Let us do that in her remembrance, particularly as we embark on Women’s Month this week. Our prayers and thoughts are with her family and friends during this time of mourning. I thank you.
Mrs M N MATLADI: Madam Deputy Speaker, the UCDP would like to pass its heartfelt condolences to the family and friends of Cheryl Gillwald. Her contribution to this democracy will always be missed. Her death comes during the month of women, indicating a great loss to South Africa. The country is once more robbed of a most dedicated, hardworking daughter of the soil. We shall miss her contribution to the development of our country.
Re le ba lekoko la UCDP ra re a ba lelapa, ditsala le badiri ka ene ba tshidisege. [As the UCDP we would like to convey our condolences to the family, friends and colleagues.]
I thank you.
Mr K J DIKOBO: Madam Deputy Speaker, hon members and the family of the late Comrade Gillwald, the death of Ms Gillwald came as a shock to some of us, especially because we had not heard about her illness. She was still so young and had the potential to make further valuable contributions to our society.
She was an accomplished patriot whose work and track record shine for all to see. Her work caught the public eye during her term as the Deputy Minister of both the Department of Justice and Constitutional Development and the Department of Correctional Services. Her dedication to serve our country, especially women, shone through in her work.
This was particularly prominent in her illustrious leadership of the 16 Days of Activism for No Violence Against Women and Children campaign. She gave the campaign the prominence it deserved and gave her all to create awareness in the public consciousness. Azapo salutes this gallant daughter of the soil and expresses its condolences to her family and her political organisation, the ANC. May her soul rest in peace. Thank you. Mme N P KHUNOU: Motlatsammusakgotla, Maloko a Palamente a a tlotlegang, balosika ba ba fano, ke le dumedisa botlhe. Ke le tsholetse mantswe a a mmalwanyana a kgomotso. A re gopoleng mogaka ono ka tsotlhe tse a di dirileng fa a ntse a tshela. A re mo gopoleng ka lerato le a neng a na le lona mo baaging ba Aforika Borwa. Re ntse gape re gopola ka nako e a neng a le ditlhabing ka ntlha ya bolwetse ba kankere; re mo lebile a sotlega, a re tlhomola pelo. A re mo leseng a ikhutse botlhoko ba a neng a le mo go bona.
Re ne re le letlhogonolo go nathogana le ena botshelo jwa gagwe le losika lwa gagwe. Ka nako e e bokeke e, ba ba neng ba le gaufi le ena thata, re tlhoka go itshepela mowa o o galelelang o re neng ra o tlogelelwa ke Morena Jesu fa a tlhatlhogela legodimong. (Translation of Setswana paragraphs follows.)
[Ms N P KHUNOU: Deputy Speaker, hon Members of Parliament, family members present, I greet you all. I have few words of condolences for you. Let us remember this heroine for all she has done. Let us remember her for the love she had for the citizens of South Africa. Let us not forget the time she was in pain as a result of cancer. We watched her suffer, we pitied her. Let her rest and be relieved from the pain.
We are fortunate to have shared her life together with her family. During these trying times, we need to trust in the Holy Spirit that was left by Jesus Christ when He ascended to heaven.] Comrade Gillwald was born in Welkom in the Free State on 13 December 1956. She matriculated in 1974 at Roedean High School in Johannesburg. Thereafter she became an American Field Service exchange student for a year at Washington High School in Wisconsin.
She completed her Bachelor of Commerce degree at the University of the Free State. Comrade Gillwald was a community worker and did a lot of work in Intabazwe township as a young woman. She also helped to start the Fundisanani Community Trust which, amongst other things, built a centre for street children. She organised winter schools with the help of student teachers, and through her interaction with the University of the Free State, she employed student teachers to help township matric students with mathematics and physical science.
Comrade Gillwald was a member of the ANC. In 1994 she was deployed to serve in the then Senate, which is now called the National Council of Provinces. She became the Deputy Minister of Justice and Constitutional Development in 1999 and thereafter the Deputy Minister of Correctional Services in 2004. She became instrumental in improving the lives of women in prison and, as we heard from all members who spoke here, she was always fighting for gender equality and against violence against women and children. She retired from an active political career to pursue her studies and to play a more active role in her family.
She will always be remembered for being a hard worker. Wherever she was deployed, she really devoted her time and made a significant difference. She was committed to transformation, and the significance was seen in both departments she served in. She was efficient in creating a political and public awareness in her constituency in Intabazwe by producing a regular and informative newsletter.
We express our heartfelt condolences to her husband, son, family, friends and comrades in the African National Congress, Women’s League, the alliance and the community of Intabazwe that she served and loved. May her soul rest in peace. I thank you.
The DEPUTY SPEAKER: That concludes the speakers’ list on this matter. I take it there are no objections to the motion being adopted. The presiding officers associate themselves with the motion. The condolences of the House will be conveyed to the Gillwald family, her organisation the ANC, the ANC Women’s League, alliance partners and the community of Intabazwe. Thank you, hon members.
Motion agreed to.
BEHAVIOUR OF INMATES INCARCERATED AT NEW KIMBERLEY FACILITY
(Statement) The MINISTER OF CORRECTIONAL SERVICES: Deputy Speaker, hon members, first allow me to once more extend my condolences, and those of government, to the family of our late former Deputy Minister, Comrade Cheryl Gillwald, a former member of the House and a dedicated servant of our people, who served with distinction and selflessness. We fittingly pay tribute to her, particularly at this time when our country observes the national Women’s Month. This is in recognition of her role in the struggle for the empowerment of women and her sterling work in the leadership of the campaign for the 16 Days of Activism for No Violence Against Women and Children. May her soul rest in peace.
We thank the National Assembly, the parties and presiding officers for granting us our request to make a statement in this House relating to the reported incident of violence at our new correctional centre in Kimberley last week. Normally, we would not have brought this matter before the House here, but given some of the media reports relating to the level of severity of the violence, we thought it necessary to set the record straight — provide clarity on the actual events, the response of government and further actions to be taken in this regard. I also wanted to use this opportunity to re-emphasise matters of policy relating to some of the issues that gave rise to dissatisfaction amongst offenders.
I was in China on 30 August when I received a report that some of the inmates in the K11 unit of our Kimberley Correctional Centre were rioting and had taken officials hostage at the centre. This was as a result of complaints they had raised about the fact that they felt that management at centre level was not paying attention to their grievances.
From the preliminary reports that were received, the following were their grievances, and I will deal with the context of each one of these later: Firstly, the main grievance is about transfers and the fact that offenders are far away from their families; secondly, they complain about the provision of medical care; and thirdly, they complain about a shortage of materials provided for development of skills and training.
Before dealing with these issues, let me indicate that about a month prior to this incident, on 29 June, the Deputy Minister, the National Commissioner and I visited the Kimberley Correctional Centre as part of our scheduled visits to regions. During this visit, some of the offenders raised those and other concerns. The concerns were responded to and action has been taken to address some of them.
Firstly, it has to be noted that because it is a new centre, only commissioned in March this year, operations at the Kimberley facility are being implemented through a phased-in approach that is ramping it up to full capacity. Currently the facility has occupancy of 2 543 inmates, and its full capacity is supposed to be 3 000. Most of the offenders have been transferred from other regions to alleviate overcrowding.
Secondly, the facility has been designed and designated as a medium security facility. However, we received reports in June this year that due to overcrowding in some of our larger centres, some of our regions have been transferring some maximum security offenders to this centre, and some of these offenders were being irregularly reclassified.
On the grievances, first starting with the transfers, I have on several occasions indicated that it will not be possible for us to consider applications for transfers based on the reason that an offender is far away from their home and family. If we were to do this, it would make it difficult for us to manage overcrowding in all of our centres.
This does not suggest that the department does not apply a policy of transfers. Such applications are considered on merit, but what we are certainly weary of are situations where the only reason given is that of distance from an offender’s family. I have, however, already directed that the department make arrangements to assist families to visit offenders, either on a monthly or quarterly basis, depending on the necessary economics and availability of funds.
After our visit we had directed that, in the meantime, telephone booths should be installed in all units of the centre. This has been done, although they have now been damaged, at least in the unit where the rioting took place.
On the issue of medical care, during our visit we had directed that the process of the filling of medical care vacancies be fast-tracked and finalised. At the time of the visit, nine general nursing and 15 clinical posts had already been advertised and were in the process of being finalised.
You have heard that there’s a complaint about workshops and the development of skills. Procurement of material for the workshop has also been prioritised and will be delivered to the centre.
Lastly, let me indicate that it is true that during the riots there has been burning of mattresses and other equipment in unit K13. This has resulted in some officials and offenders requiring treatment for smoke inhalation. However, I want to make it clear that no offender or official died during the riots, as has been erroneously reported in the media. Fortunately the riots also coincided with the scheduled visit by the portfolio committee of this department. The situation at the centre returned to normal two hours after the start of the incident and has remained calm ever since. We have, however, continued to monitor the process closely.
I want to take the opportunity and thank members of the portfolio committee for the oversight visit at that critical moment, for their support but also for their refusal to interact with the group of inmates who were involved in leading this rebellion.
I must also report that investigation into the conduct of both offenders and officials continue. Our investigation covers all suspected causes of these incidents, including incitement and collusion. We continue to be faced with serious levels of ill discipline amongst officials, leading to collusion with offenders in the destabilisation of the department. During the past few months we’ve also shown decisiveness in dealing with cases of ill discipline and flagrant disregard for protocols and procedures. We have dispatched a team from the head office to handle the transfer of more experienced officials from other centres to the Kimberley Correctional Centre, as most of the officials there are still new and directly from the training college.
It is my hope that this account that we have given before the House will clarify the understanding of the members and the South African public about what exactly transpired at the centre. I also want to take the opportunity to thank the correctional officers who have declared, for now, that they will not be part of the strike that is currently going on in the country. Thank you very much. [Applause.]
Mr A T FRITZ: Madam Deputy Speaker, the riot and hostage drama that played itself out at the new Kimberley Correctional Centre on Tuesday, 3 August 2010 - almost costing six young male and female correctional officials their lives - is a textbook illustration of a failed management model. For that the Department of Correctional Services should take full responsibility.
Allow me to point out the fundamental flaws which are a culmination of a mixture of bad planning and a weak and visionless management team at the centre. The original estimated budget, which was R281,5 million in September 2004, was escalated to a phenomenal R824,1 million by February
- On top of the escalation in costs to the taxpayer was a 12-month backlog.
As we speak, only 11 of the 12 housing units are fully occupied by offenders. This is so because after the construction of this correctional centre, the Department of Correctional Services had no idea where they would find inmates to fill the facility.
The department then went on a wild hunt to find offenders to fill the centre. A large part of the population came from provinces such as the Eastern Cape, Western Cape, Limpopo, Gauteng and Free State. This is in direct contradiction with the provisions of the White Paper. Very few inmates are from the Northern Cape and North West provinces. This seems to be a big contributor to the high levels of frustration among inmates, and this was observed by portfolio committee members from both Public Works and Correctional Services during our oversight visit to the centre last week.
In the new centre you will, on the one hand, find inmates who have committed murder, rape and serious assault serving sentences ranging from twenty years to three life sentences and, on the other hand, inmates serving very short sentences such as two to five years. Yet all of them are located in the same centre and mixed together in the same units. I can understand what the Minister is saying about the wrongful reclassification of maximum security inmates.
No one can tell you whether the centre is a medium-classified centre or a maximum centre. Some inmates who were hurriedly reclassified to medium- offender status have no clue as to what their security classification is. Most of the inmates reported that they are locked up for 23 hours a day. On certain days they are not afforded the right to one hour of exercise. The lack of rehabilitation and education programmes is compounded by the fact that very few inmates are involved in prison labour. This increases the space for them to get involved in gangsterism and illegal activities.
An effective complaints mechanism that records inmates’ complaints and provide proper feedback to them will go a long way in lessening the frustration of inmates at this centre. The above also explains why, in the last six months, expensive and state-of-the-art kitchen and laundry equipment was deliberately damaged by inmates – obliterating the valid warranties relating to them. This gives you an indication of systemic problems at this prison.
Eighty percent of the officials appointed at the centre have less than two years’ experience in offender management. Yet the centre houses seasoned inmates with very long sentences. This is worrying. This is a recipe for disaster, as most of these young men and women can so easily be manipulated by these experienced convicted criminals.
One can thus clearly see that bad planning plus poor management and inexperienced staff, as well as hardened and convicted criminals, are a recipe for disaster. Thank you. [Time expired.] [Applause.]
Ms B C BLAAI: Madam Speaker, we have two very serious problems in our country. Firstly, as the chairperson of the portfolio committee has correctly pointed out, there is a serious lack of capacity and competency on the part of the Department of Correctional Services staff at the new Kimberley correctional facility. As elsewhere in the Public Service, incompetency becomes the mother of all problems and destructive behaviour.
To us in Cope, it is very clear that we need to look at the incompetency of staff as the starting point of the unacceptable behaviour of inmates. Lack of respect for officials set into motion a whole chain of unfortunate and even tragic actions and reactions. The Minister and the department must seriously address this incompetency problem as a principle problem. The portfolio committee accepts that it is so, and so does everyone else.
The second problem relates to a widespread culture of vandalism that prevails in the South African society. Wherever there are protests – legitimate protests – they degenerate into wanton vandalism. It is not only with the inmates at Kimberley; it is a South African phenomenon.
While there seems to be an acceptance that inmates were frustrated, the holding of six officials as hostages and the burning of some of the units at the new facility on Tuesday afternoon are totally unacceptable. Government has to actively solicit the support of all communities to ensure that this culture of vandalism, lawlessness and hooliganism end.
An assurance from government that it has the capacity to listen to people’s grievances and act on them will go a long way in curbing this behaviour. Thank you. [Time expired.]
Mr J H VAN DER MERWE: Madam Deputy Speaker, this sad incident only occurred a few days ago and it is, therefore, too soon to take a final stand on this. But serious allegations such as those contained in the speech made by the hon Fritz, the complaints which were apparently ignored, transfers away from families, medical treatment and — as the Minister admitted — the very serious levels of ill discipline amongst the officials, are alarming. I’m glad that the Minister has played open cards and told us these things.
Therefore, in our view, we think it’s best to await the report of the investigators before we take a final stand on this. But I think the Minister should, when the opportunity comes, reply to the various serious allegations by my colleague Mr Fritz.
Mnr P J GROENEWALD: Adjunkspeaker, ons is nou al gewoond daaraan dat die agb Minister minstens die inligting kom deel met die Parlement, en ons verwelkom dit. Ek wil, in die beperkte tyd wat ek het, vir die agb Minister sê dat daar twee aspekte is waaraan die agb Minister moet aandag gee.
U moet aandag gee aan hoe dit moontlik is dat ’n maksimumsekuriteitgevangene kan verander in ’n mediumsekuriteitgevangene. Dit is nie aanvaarbaar nie. U identifiseer dit as ’n probleem. U moet vasstel hoekom daardie probleme ontstaan.
Daar is ’n ander aspek wat ek onder u aandag wil bring. U het netnou gehoor dat R857 miljoen van die belastingbetaler bestee is aan hierdie tronk. Dit word ook beskryf as die hotel van tronke. Ek wil u vra dat daardie toerusting wat vernietig is deur die gevangenes nie vervang sal word nie. As hulle hul televisieskerms breek en vernietig en as hulle die telefone breek en vernietig, moet hulle ’n les geleer word. Hulle moet leer dat die belastingbetaler nie elke keer daarvoor gaan opdok nie. As hulle dit nie wil gebruik nie, gaan hulle dit nie kry nie. Ek dank u. (Translation of Afrikaans speech follows.)
[Mr P J GROENEWALD: Deputy Speaker, we are now used to the fact that the hon Minister comes to Parliament and at least shares the information with us; we welcome it. I want to say to the hon Minister in the limited time at my disposal that there are two issues she should focus on.
You must investigate as to how it is possible for a maximum security prisoner to be transformed into a medium security prisoner. It is unacceptable. You identify this as a problem. You must determine why those problems arise.
There is another aspect I want to bring to your attention. Earlier on you heard that R857 million of taxpayers’ money have been spent on this prison. This prison has also been described as the hotel among prisons. I want to ask you that the equipment that the prisoners destroyed must not be replaced. If they break and destroy their television screens and their telephones, then they must be taught a lesson. They must learn that the taxpayer will not foot the bill every time. If they do not want to use them, they will not receive them. I thank you.] Mr S N SWART: Madam Deputy Speaker, there are existing channels to deal with grievances, and if grievances are not attended to by prison authorities, complaints can be laid with the Judicial Inspectorate for Correctional Services. The ACDP therefore believes that it is unacceptable that prison warders should be held hostage and that prison facilities be set alight. This can never be justified. Quite rightly the Police Force was called in to contain the riot and to secure the release of hostages.
The question arises who prisoners obtained a cigarette lighter from. Was this indeed smuggled into the prison by a warder, as alleged in the media? The issue of warders colluding with prisoners to obtain contraband goods for payment remains a very serious problem, as admitted by the Minister, and must be addressed.
The ACDP looks forward to the findings of the internal investigation and trusts that the Ministry and the department will take all steps necessary to ensure that such lawlessness and riotous behaviour do not occur again in any of our facilities. We can be thankful that the riot was contained quickly and that there was no serious injury or loss of life in what was a very serious and life-threatening situation. Clearly one needs to look into management and prison classification issues, as alluded to by the hon Fritz. I thank you.
Mr K J DIKOBO: Thank you, Madam Deputy Speaker and hon members. Hon Minister, when I heard that you were coming to brief us, I exclaimed, “not again!” Hon Minister, how does it happen that maximum security offenders are being irregularly reclassified? Please investigate and inform this House, also about what has been done about those who effected the so-called reclassification.
Hon Minister, you came here last time about Harrismith, and I guess this House would appreciate an update on what the findings were. Thank you.
Mr V G SMITH: Deputy Speaker, hon Minister, as you indicated earlier, on 5 August the portfolio committee visited the Kimberley Correctional Centre where we had an opportunity to interact with the centre management, the four officials that were held hostage and a cross-section of inmates.
At this point, Minister, let us also agree with most of what our colleagues in the various political parties have said - including what you have said. We agree with all of that. There is one issue that Mr Groenewald raised which I will come back to later.
It is important at this point to indicate that the portfolio committee as a whole is united in the condemnation of those that participated in the hostage taking and in the burning of the facility. There can be no justification at all, hon members. We want to reiterate it: There can be no justification for the taking of hostages and for placing people’s lives in danger, whether they are inmates or officials. Notwithstanding what Mr Fritz and others have said about the shortcomings, there can be no justification for taking hostages.
Having said that, we have a few concerns or observations that we’d like to raise, and they have been raised previously. We did observe as a committee, that the facility houses hardened offenders together with first-time, young offenders in the same cells. We are of the view that this will be a problem in terms of rehabilitation.
Firstly, we’ve been arguing for a while that at some point we will have to find a way of separating the first-time offenders from those that are hardened in order to speed up the rehabilitation. This is one area, Minister, which we think needs to be looked at.
Secondly, and you also alluded to this, Minister, we need to relook the deployment of our staff. You are correct, Minister, in that the four hostages or the four officials that were taken hostage were very young ladies with very little or no experience whatsoever in dealing with the nature of the inmates that were there. We have to look at how we deploy officials to our facilities. I am glad that you have, in fact, raised that, Minister.
Thirdly, another problem that we have picked up on is that there seems to have been very poor planning in, one, populating the facility — and we’ve spoken about the mixture of inmates — but two, also in the speed in which it was done. It seems to be the norm that it takes about six months roughly, so that the planning can be done, but in this particular case, in less than two months we filled 80% to 90% of it. I think that is an area that we need to look into.
Fourthly, hon members from both sides of the House spoke about the need to clarify and to reclassify inmates in the facility. I don’t think that it would be helpful to have inmates in Kimberley that are maximum security inmates when we are led to believe that Kimberley is a medium centre facility. Surely some of the inmates that we saw there could quite easily qualify as maximum security inmates. We think that there is a need to classify the status of the facility, so that once we have clarified it, those that do not belong there can be sent to the appropriate facilities.
Fifthly, Madam Deputy Speaker, chairperson and Minister, it is our view - and you have alluded to it as well - that there is a need to urgently review senior management at that facility. We think that some of the senior management personnel are neither capable nor competent to run a facility of that nature. That is the view of the portfolio committee, and we think that it’s an area that you need to look at.
One of my colleagues spoke about how the lighter or matches got into the facility. It is an area of concern for us that in some facilities of correctional services there is a no-smoking policy, like in Kokstad. In other facilities there’s a smoking policy. We think that there must be a standard policy in terms of smoking or no smoking in a correctional centre.
My own view, and a view shared by many of my colleagues, is that a correctional centre is a public facility. Public facilities generally are no-smoking areas, and it might sound harsh but I am of the view that all correctional centres should be no-smoking areas. That’s my personal view. [Applause.] I want to turn next to what Mr Groenewald said.
Meneer, ek kan nie met u saamstem dat hulle ’n les geleer moet word as daar iets verkeerd gedoen is in die fasiliteit nie. Korrektiewe Dienste gaan nie oor lesse leer vir mense nie. Dit gaan oor rehabilitasie. Ek kan dus nie met u saamstem nie. Ek dink wat ons moet doen, is om hulle wat betrokke was by hierdie tipe goed te stuur na plekke waar hulle gerehabiliteer kan word. (Translation of Afrikaans paragraph follows.)
[Sir, I cannot agree with you that they must be taught a lesson if they do something wrong in the facility. Correctional Services is not about teaching people lessons. It is about rehabilitation. Therefore, I cannot agree with you. I think what we should do is to send those who were involved in these things to places where they can be rehabilitated.]
A facility such as Kimberley, which should be a flagship, should be used for rehabilitation. I agree with you that those who are guilty must be sent for serious rehabilitation, but it can’t be that we say inmates “… moet ’n les geleer word”. [must be taught a lesson.]
Mnr P J GROENEWALD: Adjunkspeaker, is die agb lid bereid om ’n vraag te neem? Sê u ja? [Tussenwerpsels.] Verstaan ek die agb lid korrek? Sê die agb lid dat rehabilitasie insluit dat belastingbetalers se geld maar elke keer net aangewend kan word as hulle luukshede soos televisies en telefone vernietig? Dit is wat ek gesê het. Ek het gesê dat dit belastingbetalers se geld is. U sê dat hulle dit maar elke keer kan breek en die belastingbetaler moet maar elke keer betaal daarvoor totdat hulle gerehabiliteer is. Is dit wat u sê? (Translation of Afrikaans paragraphs follows.)
[Mr P J GROENEWALD: Deputy Speaker, is the hon member prepared to take a question? Are you saying “yes”? [Interjections.] Am I understanding the hon member correctly? Are you saying that rehabilitation means that taxpayers’ money can be used every time they break luxury items such as televisions and telephones? That is what I said. I said that it is taxpayers’ money. You are saying that they can break it every time and that the taxpayers must just foot the bill until they have been rehabilitated. Is that what you are saying?]
Mr V G SMITH: Let me rather speak in my mother tongue. Let me speak in my mother language so that you can understand. No, I am not saying that every time that it’s done we must pay for it. However, Mr Groenewald, we must accept that all these people who we are talking about, at some point in their lives, are going to re-enter society.
If we adopt the attitude that you are adopting, of being harsh to them, then all we are achieving is to see them return to our facilities as hardened criminals, and that’s the offset that we must balance. I am arguing that we have them as a captive audience at the facilities.
Our focus should be rehabilitating them because within the next couple of years they are going to re-enter society. We should rather have them rehabilitated than have them the other way where they are hardened. That’s all I’m saying. I am not arguing and am not going take another question — I am not! No, no, I’m not! We’ll do it off the record. All I am saying is I can’t agree that it must be retributive. That’s all I am saying. [Interjections.] Thank you, sir. Let us agree.
Consequently, Minister, the committee and the ANC think that the department must urgently — and it was raised by others — investigate the causes of this action with the view of identifying those that led it, reclassifying those that led it, and sending them to facilities that are more appropriate. That’s the first action that I think we should take speedily.
Lastly, Minister, we think, and we have raised it earlier, that both the Ministry and the department must intervene with the aim of strengthening the management at Kimberley, so that similar instances or occurrences never take place in the future. And it’s only with the strengthening of the facility in terms of the management of that facility that we could be ensured that this type of matter doesn’t reoccur. Thank you very much, Minister. Thank you, Deputy Speaker.
Debate concluded.
CONDOLENCES ON DEATHS OF POLICE OFFICERS IN HELICOPTER CRASH
(Member’s Statement)
Mr G D SCHNEEMANN (ANC): Deputy Speaker, on Friday 22 July five members of the National Intervention Unit, including its commander, and two members of the SA Police Service Air Wing paid the ultimate price in the fight against crime.
The horrific helicopter accident is a stark reminder of the danger that involves the work of our policemen and women in blue. They were dedicated officers. Fighting crime was their passion, and they did so with distinction. Right to the end, these men stayed true to the motto of the police: To protect and to serve. According to eye witnesses, the pilot, a decorated hero, attempted to keep the helicopter in the air to avoid crashing into surrounding houses, thereby avoiding an even bigger tragedy.
It is important that these heroes do not simply become part of statistics. They were somebody’s son, husband, brother and father. Their memory should be honoured, not only in remembering them for the service that they did for our country and her people, but it should live on in the honour and commitment with which every man and woman in blue and every law-abiding citizen should stand up and join hands together to stop those who dishonour our country and its history through criminal activities.
We would like to pay tribute to each of these fallen heroes. They were an elite group of officers drafted into the positions that they were because of their dedication, commitment and passion. They were in life and memory, an example to all. We would like to pay our condolences to the family members and friends of these officers, their police colleagues and the SAPS family as a whole.
We know that your loss cannot be described and that words cannot fill the emptiness that they leave. The best way for us to honour their memory is to continue the fight against crime with distinction. May their souls rest in peace. I thank you.
DA RESPONSE TO BRIBERY ALLEGATIONS BY THE ANC
(Member’s Statement)
Mrs S V KALYAN (DA): Deputy Speaker, on Tuesday the ANC’s Chief Whip suggested that the DA was trying to trick MPs into voting against the Protection of Information Bill using, amongst other things, cash parcels. This is nonsense. To suggest that a political party would bribe other Members of Parliament to further its interests is a serious accusation. This accusation is without foundation.
It is helpful that the Chief Whip made that statement because it allows us to deduce several facts about the ANC. It tells us that the ANC is disingenuous, panicked about the Bill, unsure that it can master enough support to ensure its success and that it is hypocritical. Remember that this is the same party that has deployed a former premier, accused of paying off journalists, as an ambassador.
This is a party in serious moral decline, but do not quote me on that. The ANC’s own policy discussion document describes a party mired in corruption, which has lost its moral compass, abused its position and forgotten the poor and the marginalised. Who would expect anything else from such a leadership? It is not possible for a party without a moral compass to act in a morally admirable manner. The DA offers the ANC its sympathies. Unfortunately, we think the diagnosis is terminal. [Applause.]
IRREGULAR APPOINTMENT AT SABC
(Member’s Statement)
Mrs J D KILIAN (Cope): Deputy Speaker, the SABC, as public broadcaster, is once again turning into an embarrassment for the country as a result of the Minister’s relationship with the chairman of the board and the group chief executive officer of the organisation.
This explains the shock resignation of two board members, Mrs Barbara Masekela and Mr Magatho Mello, with more resignations to follow. Between the Minister, the group chief executive officer and the board chairman, they are trying to manage the irregular appointment of the head of News, Mr Phil Molefe, who now, of course, owes the Minister a favour in return.
This is the only way that the SABC’s news bulletins of this morning can be explained, which indicated that the Minister was found to be squeaky clean by the Public Protector. Contrary to what the SABC — his master’s voice – reported, the Public Protector actually found that the Minister contravened the Code of Ethics contained in the Executive Members’ Ethics Act. In fact, she called on the President to take appropriate action to censor the Minister. The Public Protector also called on Minister Barbara Hogan to finalise the inquiry into the irregularity in the awarding of a R55 million Transnet freight rail contract that was awarded to Minister Nyanda’s security firm. If it was not irregular, we would like to know why Mr Gama and other people were dismissed. Money should be recovered from this firm.
EMPOWERMENT OF AUXILIARY SOCIAL WORKERS
(Member’s Statement)
Mrs H H MALGAS (ANC): Deputy Speaker, the ANC government is living up to its commitment to step up a massive programme on expanded public works. Linked to infrastructure and meeting social needs with home-based care, crèches and school cleaning, over 400 auxiliary social workers have reported for duty at the social services’ point offices in North West on 2 August 2010 after they completed a 12-month training programme in the social services sector. The workers were recruited through the government’s Expanded Public Works Programme, EPWP, from deprived communities across the provinces. Some work as caregivers in early childhood centres as well as assistants for social workers, where they complement and support social workers in all focus areas with services to individuals, families, groups and communities.
An amount of R40 million was set aside this financial year for the absorption of 409 social auxiliary workers as permanent employees of the department. A percentage of the allocation of the annual social work bursaries will also be dedicated to serve as an exit opportunity for community caregivers, within projects funded by the department, who meet university entry requirements.
Through this programme the department is creating job opportunities while building capacity through accredited training and, ultimately, introducing EPWP beneficiaries to formal employment. This initiative strengthens the ANC government’s resolve to continue training and employing 15 000 trainees per annum. Thank you. [Applause.]
POOR STATE OF PUBLIC HOSPITALS
(Member’s Statement)
Mrs H S MSWELI (IFP): Deputy Speaker, my recent visit to the Free State as part of the Portfolio Committee on Health’s oversight visit to the province’s public hospitals was a shocking revelation.
One of the most shocking problems that we noticed was a lack of staff at most hospitals. Hospitals lacked the professional services of doctors, nurses and medical staff to run the day-to-day operations. In addition, it was clear that these public hospitals lacked basic equipment, and in some instances the broken medical equipment had not been replaced. The infrastructure of most of these hospitals had not been replaced and is in a state of disrepair.
Most of the hospitals visited were overcrowded, which meant that patients could not be accommodated. On 19 November last year the Minister of Health told hospital chief executives and managers to shape up or they will be removed. He said: “I don’t think it will be an exaggeration to say that some of our hospitals are death traps in terms of infection.”
Unfortunately, almost a year later I don’t think it is an exaggeration to say that our hospitals are still death traps. The IFP believes that we need urgent intervention from the Minister of Health and his department before our entire public health system collapses. Thank you.
PROPOSAL TO ENHANCE LEGACY OF 2010 FIFA WORLD CUP
(Member’s Statement)
Mr S Z NTAPANE (UDM): Deputy Speaker, the UDM welcomes the success of the World Cup and the legacy it has left behind. However, it is a pity that this infrastructure is only in the First World part of this country.
In this day and age we must be very wary of being accused of following the same trend of the apartheid regime, where all the resources of this country were concentrated in the First World parts whilst the areas where the masses lived were marginalised. If one looks at where the vast majority of the most host cities are, it will be a mammoth task to prove such accusations otherwise.
The UDM therefore suggests that we must enhance the legacy to the benefit of all South Africans. We need to sit down and see how we can integrate the proceeds of the World Cup to all the corners of South Africa. It will be very unfortunate if people living in the townships and rural areas cannot benefit from the proceeds. For example, there is no reason why there is no railway line in KwaZulu-Natal from KwaNongoma to Durban. In the Eastern Cape, there is no reason why there is no railway line from Kokstad to Mthatha and Queenstown. I am making an example of these two provinces.
This continued bias towards the big cities eats at the very heart of our democracy. Thank you. NATIONAL SCIENCE WEEK
(Member’s Statement)
Mr E N N NGCOBO (ANC): Madam Deputy Speaker, the National Science Week is an initiative of the Department of Science and Technology. It is a countrywide celebration of science and took place from 2-7 August. The National Science Week was celebrated in all nine provinces simultaneously at multiple sites per province. The South African Agency for Science and Technology Advancement, known as Saasta, a business unit of the National Research Foundation, is the national project manager for the National Science Week 2010.
The National Science Week is intended to expose the public educators and learners to science-based careers, particularly disadvantaged sections of the population. We need to ensure that our children make informed decisions about the subjects they choose at school. It is our duty as parents, guardians, caregivers and teachers to foster an interest in maths and science in our learners.
The ANC urges all educators involved in teaching science and maths to make use of the booklets distributed annually by the Department of Science and Technology on science, engineering and technology careers. Let’s prepare our children for the ever-changing job market by giving them tools and knowledge. Together, we can do more. Thank you. [Applause.] PROTECTION OF INFORMATION BILL
(Member’s Statement)
Mr K J DIKOBO (Azapo): Madam Deputy Speaker, South Africa is abuzz with discussions relating to the issue of the Protection of Information Bill and the Media Tribunal. The atmosphere generated by the debate around media freedom and the proposed Media Tribunal has brought restlessness to some of us. The arrest of the journalist Mzilikazi wa Afrika did not help the situation.
There has been general unpleasantness and an outcry from journalists and organisations of civil society, including the South African National Editors’ Forum, Sanef, and the Law Society. In a supposedly free society like ours, we cannot afford to have the media being under the control of anybody, least of all Parliament. Which information do you want to protect and why? Just on the idea of protecting information, it flies on the face of some of the principles that we have held here as a country — openness, transparency and accountability. The prospect of having journalists jailed or paying hefty fines leaves a bitter taste in one’s mouth.
I remember in one country to the north of us, a journalist was arrested for “spreading falsehoods against the head of state”. We do not accept the explanation that at present there is no recourse for those who are victims of bad reporting. We have heard of individuals who have successfully brought lawsuits against certain newspapers.
We also do not accept the explanation that the Press Ombudsman is toothless and we challenge those who raise this argument to bring statistics to support it. Was it Comrade Zwelinzima Vavi who said when a dictatorship comes, it does not announce its arrival like drum majorettes? Thank you. [Time expired.] [Applause.] EFFECT OF TERMINATION OF PEBBLE BED MODULAR REACTOR PROGRAMME
(Member’s Statement)
Mr N SINGH (IFP): Deputy Speaker, with regard to the Pebble Bed Modular Reactor Programme as the IFP we would like to know whether the Minister has taken into account the human capital invested into this programme and the amount of unemployment that will be created by the project’s sudden termination or not. At its inception it was projected that 57 000 people would be employed in this programme. The Ministry of Energy, the state and the country for that matter, can ill afford such turnarounds in policy decisions, especially when we are already so far down the road.
Besides the unemployment that is going to be created by this decision, the loss of money, taxpayers’ money — yours and mine — is going to be enormous. As recently as October 2007 the then Minister of Finance hon Trevor Manuel brought before this House a Special Adjustments Appropriation Bill which was approved. Herein an additional amount of R1,8 billion was transferred to the PBMR project for operational expenses, bringing the total to R8,8 billion being spent on this project by government since 1999. Notwithstanding these calamities, we are further burdened by the prospect of no direction now in terms of our future energy sources.
We urge the Minister and her department to be absolutely certain before they commit to the next energy route that this country is going to follow, lest we have a similar situation on our hands in the future. Finally, Madam Deputy Speaker, this House deserves a full report on government’s direction in this regard. I thank you. [Applause.]
Graduation of South African Medical Doctors THROUGH COLLABORATION with cUBA
(Member’s Statement)
Mrs T E KENYE (ANC): Madam Deputy Speaker, the ANC government is working tirelessly to address the many challenges confronting the public sector in our country. We have started with the vigorous implementation of our 10- point plan, which is geared towards overhauling the system through human resource development and quality of care, amongst other things. Therefore the ANC is proud to celebrate the achievement of 40 medical graduates, which is part of its collaboration with Cuba. This was held on 7 July 2010 at the University of Cape Town. Moreover, in July last year 63 more medical students graduated at a ceremony at the University of Limpopo, Medunsa, through this programme. This proves that the programme is continuing to produce results.
The candidates for the programme are drawn from the underprivileged areas of our country, giving some of our young people an opportunity to realise their dreams of practising medicine. We are encouraged by the fact that since its inception, this programme has produced 246 medical doctors who are providing health care to our people, especially in the rural outlying areas.
Our collaboration with the Republic of Cuba, through their Ministry of Public Health, is one of the initiatives aimed at boosting the provision of human resources for health in our country. The ANC government will continue to work together with the Ministry of Public Health of the Republic of Cuba and our academic partners here at home to achieve this goal. Together we can do more. I thank you. [Applause.]
INCREASE IN PURCHASES FROM HISTORICALLY DISADVANTAGED INDIVIDUALS BY CITY OF CAPE TOWN
(Member’s Statement) Mr W P DOMAN (DA): Madam Deputy Speaker, the DA-led City of Cape Town has since 2006 significantly increased purchases from historically disadvantaged individuals and small and medium enterprises compared to the previous ANC-run administration.
We know that all state procurement is governed by the Preferential Procurement Policy Framework Act, which states that the historically disadvantaged companies must be awarded additional points for their status when tendering.
The ANC had previously added additional BEE requirements in the City of Cape Town, which DA Deputy Mayor Ian Neilson has argued were illegal and had the adverse effect of excluding many companies from doing business with the city. The city administration, under the DA-led government, subsequently relaxed the requirements for doing business with the city to bring it in line with the national legislation.
The effect has been to expand opportunities, as is the goal of the DA. During 2006 the city procured about 40% of its supplies from historically disadvantaged individuals and small, medium and micro enterprises, SMMEs. This has immediately risen to around 60% and reached a height of 80% in the fourth quarter of last year.
The City has also expanded the number of vendors from which it procures from around 10 000 in 2007 to more than 15 000 at the beginning of this year, 2010. This shows that the DA … [Time expired.]
KILLING of Illegal miners at aurora mine
(Member’s Statement)
Mr P D DEXTER (Cope): Madam Deputy Speaker, it has been reported that approximately 20 illegal miners have been shot and possibly executed by security guards at Aurora Mine in Springs, Ekurhuleni, on Monday, 9 August 2010.
This is an issue about which South Africans must be told the truth. The fact that the mine is owned on the one hand by the nephew of the President of our country and by the grandson of Nelson Mandela makes it doubly important that the truth be told. A team of journalists from the Sowetan went underground in the mine on Wednesday and claim that they have discovered four bodies with gunshot wounds. It is alleged that 16 more people were executed underground. A full investigation must be carried out in a transparent manner so that it is clear to everyone that the police are not colluding with the alleged executioners.
Sworn statements should be taken from the security company and from those miners who have been rescued from underground at the time. They should specifically ask whether the Aurora Gold East Rand Ndlovu Shaft was used to retrieve any bodies.
The South African mining industry is increasingly acquiring a reputation of bad decisions, poor corporate governance and a terrible health and safety record. A few weeks ago our country was basking in the glory of the 2010 Fifa World Cup. Now, once again, we are under intense scrutiny for all the wrong reasons. Cope demands that the truth be ascertained in this regard. [Applause.]
The DEPUTY SPEAKER: Thank you for keeping to the time.
GRANT FOR EARLY CHILDHOOD DEVELOPMENT INITIATIVE
(Member’s Statement)
Ms A C MASHISHI (ANC): Madam Deputy Speaker, an early childhood development initiative in Mpumalanga, Daantjie Trust, near Nelspruit, has received a much-needed boost of R400 000. The money, which was given to the Ntataise Lowveld Trust during a function at the Sacred Heart Preschool, forms part of Absa Bank’s initiative to uplift the communities in which it operates.
This grant is aimed at empowering and equipping women in the community with the knowledge and skills needed to ensure that they provide the best foundation to the children in their care. About 50 early childhood development practitioners, who reach more than 2 500 children, will benefit from this contribution because the money will be used to train them through the Ntataise Lowveld Trust. Upon completion of the training the practitioners will receive a national certificate which will enable them to run their centres as small businesses. This programme complements the ANC government’s resolve to train and employ 15 000 trainers per annum and strengthen support for crèches and preschools in rural villages and urban centres, and it should be emulated in other areas.
The ANC-led government is committed to introducing a sustainable early childhood education system that spans both the public and private sectors and gives children a head start in numeracy and literacy. I thank you.
INVESTIGATION INTO ALLEGATIONS OF CORRUPTION IN RELATION TO THE ARMS DEAL
(Member’s Statement)
Mr P J C PRETORIUS (DA): Madam Deputy Speaker, President Zuma said on numerous occasions that the government is committed to clean administration and zero tolerance for corruption. It is therefore a huge irony that allegations of corruption in relation to the arms procurement deal, spanning more than ten years, have never been fully investigated. The Standing Committee on Public Accounts, Scopa, at the time did its utmost but achieved very little, mainly as a result of government resistance to any attempt to get to the truth. The only investigation was a superficial joint investigation by the Public Protector, the Auditor- General and the National Prosecuting Authority in 2001.
Former ANC and Scopa member Andrew Feinstein in his book After the Party said of this report, and I quote:
It was a major disappointment. It was contradictory and avoided the key issues. In essence, the report asked as many questions as it answered. As far as the ANC and government were concerned, the matter was at an end.
Madam Deputy Speaker, reading the history of the arms deal, one is struck by the constant actions of the Mbeki government to frustrate any attempt to get to the bottom of what transpired. In fact, every trick in the book has been used to avoid a full inquiry.
Since the 2001 investigation important new evidence has emerged, and Scopa will soon consider this evidence. The DA calls on the ANC to afford its members on Scopa all the opportunity and support to consider the new evidence objectively. The Third Parliament has failed to get to the truth in this matter – let us in no way stand in the way of the Fourth Parliament to close this unfortunate chapter in the short history of our democracy. [Applause.]
CONTINUATION OF INFRASTRUCTURE PROGRAMMES
(Member’s Statement)
Mr G G OLIPHANT (ANC): Madam Deputy Speaker, hon members, the ANC welcomes the announcement by President Zuma to commit government to further partner with the private sector in order to deliver faster and smarter services to our people. President Zuma said the recent World Cup did not mark the end of South Africa’s infrastructure programme; rather a massive build-up programme in energy, telecommunications and water infrastructure was under way.
The recent World Cup has taught us to implement new ways of doing things. The ANC-led government will therefore work with the construction industry to ensure that the state meets some of the country’s infrastructure development needs by 2013. Working in partnership will ensure that we achieve our objectives.
The country’s infrastructure programme has seen an initial investment of R420 billion since 2005. The ANC therefore welcomes President Zuma’s pronouncement that the next phase of growth in infrastructure investment must shorten the distances people travel and reduce the cost of transportation. Transport must bring services and economic opportunities closer to our people.
The infrastructure development programme must also benefit our broad-based black economic empowerment programme. This commitment is part of the ANC- led government’s resolve to accelerate and expand its investment in public infrastructure. This includes expanding and improving the rail networks, public transport and broad operations in housing, dams and construction. Thank you very much. [Time expired.]
CONTINUATION OF INFRASTRUCTURE PROGRAMMES
(Minister’s Response)
The DEPUTY MINISTER OF TRANSPORT: Deputy Speaker, I welcome the statement by hon Oliphant who has just given his statement about the importance that government attaches to continuing our major infrastructure spend. In some quarters it is said that the infrastructure spend has ended because the 2010 Fifa Soccer World Cup is over. It is true that the hosting of the 2010 Fifa Soccer World Cup provided us with an opportunity to fast-track many infrastructure programmes. This fast-tracking of infrastructure spend was really very important for South Africa at the time that we were hit by the global economic crisis. It was our key stimulus package and enabled us to weather the crisis relatively well as a country, but spending continues.
There are cases where we now need to slow down on construction and sweat the assets that we have built. This particularly applies to the wonderful airports that we have either refurbished or built new in our country. I think we now have enough airports, and we need now to maximise the use of those assets in a number of other areas, obviously with the energy build and in terms of communication and water infrastructure. However, I would like to talk particularly about transport.
The major infrastructure spend on transport continues, particularly on public transport. The Gautrain is not yet complete and the major second leg between Johannesburg and Pretoria will be completed next year. This financial year R3,9 billion is going to the Public Transport Infrastructure and Systems Grant to 12 key municipalities, 9 of the host cities but others as well. I should add that it included a substantial sum that is going, for instance, to the City of Cape Town for public transport infrastructure in the spirit of co-operative governance. We want to see good public transport regardless of who, politically, is in the administration.
We are also looking forward to a major spend on recapitalisation, in freight rail, in terms of rolling stock and signalling equipment, and in Metrorail. So, in short, one would like to firmly endorse the spirit of hon Oliphant’s statement, namely that government is deeply committed, along with the ANC, to sustaining this huge infrastructure spend. Thank you.
INCREASE IN PURCHASES FROM HISTORICALLY DISADVANTAGED INDIVIDUALS BY CITY OF CAPE TOWN
INVESTIGATION INTO ALLEGATIONS OF CORRUPTION IN RELATION TO THE ARMS DEAL
Graduation of South African Medical Doctors THROUGH COLLABORATION with cUBA
(Minister’s Response)
The DEPUTY MINISTER OF TRADE AND INDUSTRY (Mrs T V Tobias Pakolo): Deputy Speaker, the ANC government is a responsible government that will not treat one province differently from all others. If there are certain black economic empowerment quotas that seek to disempower the Western Cape province, as opposed to other provinces, I think the administration in the Western Cape needs to approach the new board that the President has appointed last year. I think even the Department of Trade and Industry is prepared to take any other measures that might be suggested that would seek to address challenges met, as and when we progress with governance.
The second issue is on the special defence package that for some strange reason certain people in the country refer to as the “Arms Deal”; those are the special defence packages. I remember from the time that I served on the Portfolio Committee on Defence and as a member of the Standing Committee on Public Accounts, Scopa, that we had made a request for the DA to come forward with information. If there is enough evidence for the reopening of that issue, they should provide it. A deterrent failed to provide any information except for causing the making stupid statements here in the House. [Interjections.] Let’s have information to allow government to investigate.
In relation to the statement on Cuba, I think the ANC has established relations with the Cuban government which the DA does not like very much. They must join us to congratulate those doctors who have just graduated from the Cuban collaboration programme. Thank you very much. [Applause.]
NATIONAL SCIENCE WEEK
(Minister’s Response)
The DEPUTY MINISTER OF BASIC EDUCATION: Deputy Speaker, we certainly want to endorse our support for the wonderful initiative by the Department of Science and Technology in relation to the National Science Week. We have had the benefit of sharing and launching the National Science Week with the MEC for Education in the Northern Cape province.
Deputy Speaker, this initiative is extremely important, given the importance of science in changing the quality of the lives of our people. For example, in the context of the launch of the Science Week in the Northern Cape, they were able to demonstrate the importance of science and technology with regard to the SALT initiative, the SA Large Telescope, as well as the Square Kilometre Array, SKA, where we are bidding for a global first in terms of technology.
What this initiative has also done in the context of the Northern Cape and other provinces is elevate the importance of astronomy and the huge opportunities that present themselves to the people.
During the National Science Week, the importance of science in agriculture, science and ICT, and science in civil and mechanical engineering is stressed. These careers basically are introduced to learners who visit the sites. So we would certainly want to thank the Department of Science and Technology for the collaboration and say that this is one amongst many other initiatives were we work collaboratively. For example, the mathematics and science olympiads are another example of how, through a collaborative exercise, we are able to ensure that the participation of black learners in terms of these initiatives are increased quite dramatically. Thank you very much, Deputy Speaker. [Applause.]
EMPOWERMENT OF AUXILIARY SOCIAL WORKERS
(Minister’s Response)
The MINISTER OF WOMEN, CHILDREN AND PEOPLE WITH DISABILITIES: Madam Deputy Speaker, I just want to emphasise the point that has been made around the One Goal campaign, and that is that the call which has been made by the President needs to be supported. I think this House, all South Africans and all nations of the world must also support education through this particular campaign. This shows that the ANC-led government is serious by ensuring that our children access education in that regard.
Lastly, I also want to comment on the statement made by the hon Malgas. Indeed, the ANC-led government is serious about ensuring that services reach our people, and we need to congratulate the Department of Social Development in this regard for ensuring that more than 400 social auxiliary workers report on duty and are fully trained to enhance the work that is done by social workers. Thank you, hon Deputy Speaker. [Applause.]
CONSIDERATION OF REQUEST FOR APPROVAL OF AGREEMENT ON MUTUAL ACCEPTANCE OF OENOLOGICAL PRACTICES BY THE WORLD WINE TRADE GROUP
CONSIDERATION OF REQUEST FOR APPROVAL OF AGREEMENT ON REQUIREMENTS FOR WINE LABELLING OF THE WORLD WINE TRADE GROUP
Mr M JOHNSON: Chairperson, members, colleagues, ladies and gentlemen, on 20 July 2010 the Portfolio Committee on Agriculture, Forestry and Fisheries adopted the two agreements, namely the Agreement on Mutual Acceptance of Oenological Practices and the Agreement on the Requirements for Wine Labelling.
These are agreements governed by an informal World Wine Trade Group, WWTG, of which South Africa is a member. Among others, the WWTG promotes trading, reduces barriers in wine trade and allows sharing of information and collaboration in trade and production. The World Wine Trade Group is represented by both governments and industry.
At the centre of this body are the two agreements, namely the Agreement on Mutual Acceptance of Oenological Practices and the Agreement on the Requirements for Wine Labelling. All members have implemented the Mutual Acceptance Agreement except for South Africa and Georgia, but today this Parliament shall make way for our government to be a full participant of this prestigious body. Also, the labelling agreement shall see us benefiting from such agreements.
The benefits thereof are the simplification of sport and logistics and the certainty as required by the WWTG. We look forward to meaningful changes in the South African contribution to the production of wine, where South Africa is currently at number eight, and also as an exporter of wine, where South Africa is ranked at number 10 worldwide. I thank you. [Applause.]
There was no debate. The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move:
That the Reports be approved.
Motion agreed to.
Agreement on Mutual Acceptance of Oenological Practices by the World Wine Trade Group accordingly approved.
Agreement on Requirements for Wine Labelling of the World Wine Trade Group accordingly approved.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON HIGHER EDUCATION AND TRAINING — OVERSIGHT VISIT TO UNIVERSITY OF ZULULAND, DEPARTMENT OF HIGHER EDUCATION AND TRAINING, TSHWANE UNIVERSITY OF TECHNOLOGY AND UNIVERSITY OF THE FREE STATE
There was no debate.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move:
That the Report be adopted.
Motion agreed to.
Report on Oversight Visit to University of Zululand, Department of Higher Education and Training, Tshwane University of Technology and University of the Free State accordingly adopted.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON LABOUR - OVERSIGHT VISIT TO THE EASTERN CAPE (EAST LONDON), 9-10 MAY 2010
There was no debate.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move:
That the Report be adopted.
Motion agreed to.
Report on Oversight Visit to the Eastern Cape (East London), 9-10 May 2010 accordingly adopted.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON CORRECTIONAL SERVICES - OVERSIGHT VISITS TO RUSTENBURG, KUTAMA SINTHUMULE, DURBAN WESTVILLE AND EBONGWENI CORRECTIONAL CENTRES, 17-20 MAY 2010
There was no debate.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move:
That the Report be adopted.
Motion agreed to.
Report on Oversight Visits to Rustenburg, Kutama Sinthumule, Durban Westville and Ebongweni Correctional Centres, 17-20 May 2010, accordingly adopted.
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON TOURISM AND PORTFOLIO COMMITTEE ON HOME AFFAIRS - JOINT OVERSIGHT VISIT TO PORTS OF ENTRY
Mr D M GUMEDE: Chairperson, hon members and esteemed ladies and gentlemen, the overall purpose of the visit was to check the state of readiness of ports of entry for the 2010 Fifa World Cup and beyond. We checked the systems as well as basic facilities such as access, signage, the capacity to hold high volumes of tourists and travellers, the state of security arrangements, safety of passenger belongings, tourism promotion and the functioning of co-ordinating structures, amongst others.
We went to the O R Tambo and Cape Town International Airports, Beitbridge in Limpopo, Caledonspoort in the Free State, Peka Bridge in the Free State, Maseru Bridge in the Free State and Ficksburg in the same province. All of these ports seemed largely ready, although there were many challenges. Beyond 2010 we recommended that the Department of Home Affairs, in conjunction with other departments like Public Works, should urgently attend to the personnel and accommodation needs at the border posts. The Border Control Operational Co-ordinating Committee, BCOCC, should attend to issues of the safety of travellers at the airports and land ports. The Department of Tourism should be represented at all levels at the ports of entry and within the BCOCC. One-stop borders should be considered in all ports of entry as soon as possible. The South African National Defence Force should be deployed at the border line to secure the country. Ports of entry which do not have scanners should all be provided with such.
The issue of security at Beitbridge and Maseru Bridge should be attended to as a matter of urgency. More major ports of entry should be considered between South Africa and Zimbabwe to ease congestion at Beitbridge. Beitbridge should have designated lanes for pedestrians and vehicles. The Department of Public Works, through its repair and maintenance programme, should ensure that Beitbridge and Maseru Bridge are upgraded. We are, however, proud to have delivered the greatest event on earth ever through our 2010 performance.
Lastly, I would like to thank the co-chairperson, who is the chairperson of Home Affairs, and his team, as well as our team members for the marvellous co-operation amongst us all, including members of the opposition parties. I propose that we adopt this report. Thank you.
There was no debate.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move:
That the Report be adopted.
Motion agreed to.
Report on Joint Oversight Visit to Ports of Entry accordingly adopted. CONSIDERATION OF REPORT OF COMMITTEE ON PRIVATE MEMBERS’ LEGISLATIVE PROPOSALS AND SPECIAL PETITIONS - LEGISLATIVE PROPOSAL TO AMEND THE SOUTH AFRICAN POLICE SERVICE ACT
CONSIDERATION OF REPORT OF COMMITTEE ON PRIVATE MEMBERS’ LEGISLATIVE
PROPOSALS AND SPECIAL PETITIONS - LEGISLATIVE PROPOSAL TO AMEND THE
COMMISSION ON GENDER EQUALITY ACT
CONSIDERATION OF REPORT OF COMMITTEE ON PRIVATE MEMBERS’ LEGISLATIVE PROPOSALS AND SPECIAL PETITIONS - LEGISLATIVE PROPOSAL TO AMEND THE HUMAN
RIGHTS COMMISSION ACT
Mr S G THOBEJANE: Chairperson, the Committee on Private Members’ Legislative Proposals and Special Petitions would like to recommend to the House not to give permission for the continuation of the proposed legislation to the hon members. Reasons include that, after consultations with all the stakeholders, we realised that the said proposed legislative amendments would seem to be unconstitutional because they would cause this Parliament to create a law that would govern the international spheres, something for which we don’t have the competency as this particular House.
Therefore, in the light of that, we then decided that the amendments towards the Human Rights Commission should not be granted. We are recommending that this report be adopted by the House. I thank you.
There was no debate.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move:
That the Reports be adopted.
Declaration of vote:
Mr P J C PRETORIUS: Chairperson, we would naturally have preferred to see these proposals proceed to the next stage. However, our opposition relates more to the process followed, or the process required to be followed by the Committee on Private Members’ Legislative Proposals.
Without arguing whether it is constitutional or not to bar a member from introducing a Bill, we believe the Rules in their present form unjustly restrict members from submitting legislation. The practice has developed that the Committee on Private Members’ Legislative Proposals and Special Petitions is seen as a hurdle rather than a clearing house for proposals, and this is not necessarily through any fault of the committee itself. We believe the Rules do not adequately guide the committee.
What happens in practice is that detailed discussions on legislation take place. These discussions are often technical and specialised and often outside the field of expertise of members of that committee. Such discussions should take place in the portfolio committee.
Clear guidelines in the Rules to demarcate the committee’s mandate are lacking. I would suggest the committee’s task as a screening mechanism or clearing house should be limited to, inter alia, considerations such as: Is the proposal frivolous in nature? Is it clearly in conflict with existing law? Is it clearly unconstitutional? Will it involve excessive costs? Can it be implemented?
A further factor in respect of our opposition to these three reports is that we are not convinced that the required consultation between the Committee on Private Members’ Legislative Proposals and Special Petitions and the relevant portfolio committees has taken place as envisaged in terms of Rule 235(2). While this Rule invites members of the portfolio committee to sit in on a meeting of the Committee on Private Members’ Legislative Proposals, only one or two ultimately attended, and that cannot be regarded as consultation. There should have been formal communication between the two committees.
Chair, I submit that, if we proceed, we may be in conflict with our own Rules. For these reasons and the reasons mentioned above, we will oppose the Orders. Thank you.
Question put: That the reports be adopted.
Motion agreed to (Democratic Alliance dissenting).
Report on Legislative Proposal to amend the South African Police Service Act, No 68 of 1995, accordingly adopted.
Report on Legislative Proposal to amend the Commission on Gender Equality Act, No 39 of 1996, accordingly adopted.
Report on Legislative Proposal to amend the Human Rights Commission Act, No 54 of 1994 accordingly adopted.
The House adjourned at 15:59. ____
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Finance
(a) Annual Financial Statements of the Corporation for Public
Deposits for 2009-2010, including the Report of the Independent
Auditors on the Financial Statements for 2009-2010.