House: National Assembly

Date of Meeting: 22 Sep 2008

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Minutes

 

MONDAY, 22 SEPTEMBER 2008

PROCEEDINGS OF THE NATIONAL ASSEMBLY

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PROCEEDINGS OF THE NATIONAL ASSEMBLY

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The House met at 14:16.

 

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

 

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 6880.

 

DELAY IN START OF DAY

 

The SPEAKER: Hon members, may I first of all apologise that we delayed the start of the sitting of the House by 15 minutes. This was just to allow for more time for some consultation.

 

RESIGNATION OF PRESIDENT OF THE REPUBLIC

 

(Announcement)

 

The SPEAKER: Hon members, I wish to announce that I have received a letter from the President, which reads as follows:

 

Dear Madam Speaker and Honourable Members of Parliament,

 

On 23 April 2004 I stood before you to thank you for the honour you bestowed upon me by electing me to the high Office of President of the Republic of South Africa.

 

On that occasion, I asked that we join hands in a popular national movement to speed up the process towards the achievement of the goal of a better life for all our people.

 

I can say without equivocation that all of you, each in your own way, responded positively to this call to join hands in the effort to ensure that for our people tomorrow would be better than yesterday.

 

On 27 April 2004, I took the oath of office as President of this country and swore before the entire nation that I would always

 

• Promote - all that will advance the Republic and oppose all that will harm it;
• protect and promote the rights of all South Africans;
• discharge my duties with all my strength and talents to the best of my knowledge and ability and true to the dictates of my conscience;
• do justice to all; and
• devote myself to the well-being of the Republic and all its people.

I want to assure the Honourable Members that the promise that I made to the millions of our people informed all my actions throughout the period that I was privileged to serve as President of this country.

 

The leadership of my political organisation, the African National Congress, has informed me that they have decided to recall me as President of the country.

 

This letter serves to inform you, Honourable Members, that I have, therefore decided to resign my position as President of the country, effective upon receiving your advice that Parliament has finalised this matter.

 

I have no doubt that the time we spent together in these Houses of Parliament were really fulfilling, enriching and in many ways empowering to all of us. Indeed, when historians look back at the period since our freedom in 1994, they will tell a story of a very rich democratic revolution of our society, ably led by this Parliament.

 

This is so because while the multi-party negotiations and the first democratic elections in South Africa were important, the legislative process of dismantling the apartheid legal edifice was critical to the entrenchment of democracy. Equally, it was this Parliament that gave birth to our Constitution, hailed as one of the most progressive Constitutions in the world.

 

Together we have contributed to the important legacy of deepening democracy in our country.

 

Once again, I want to thank the Honourable Members for allowing me to serve the country in this high Office. I thank you also for your support, and candour, during the time we worked together.

 

Thank you very much and continue with the good work.

 

Yours sincerely

 

Thabo Mbeki

 

ACCEPTANCE OF RESIGNATION OF PRESIDENT OF THE REPUBLIC

 

(Draft Resolution)

 

The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:

 

That the House –

 

1. notes that the President of the Republic of South Africa has submitted his resignation to the Speaker of the National Assembly on 21 September 2008;

 

1. also notes that the letter by the President states that the resignation will be effective upon being informed that Parliament has finalised the matter;

 

1. agrees that the resignation of the President of the Republic of South Africa will take effect on 25 September 2008;

 

1. takes this opportunity to thank the President for his dedicated service to the Nation, both in his capacity as Deputy President and later as President.

 

The SPEAKER: Hon members, the motion has been moved. Is there any objection to the motion without notice?

 

Dr C P MULDER: Madam Speaker, this is a motion without notice and, in terms of the Rules, it has to be accepted by everyone in the House. I object.

 

The SPEAKER: With that objection having been put before us, what will happen is that this motion without notice will turn into a notice of motion and the motion will be put on the Order Paper to be dealt with tomorrow.

 

NOTICE OF MOTION

 

Dr C P MULDER: Madam Speaker, the Freedom Front Plus hereby gives notice of the following motion:

 

That the House –

 

1. notes the statement by the hon the President of the Republic that he in no way interfered with any of the decisions of the National Prosecuting Authority;

 

1. further notes that the National Executive Committee of the African National Congress recalled President Mbeki and that some of the things said by Judge Nicholson were given as the reasons for his dismissal; and

 

(3)  resolves to hold a special debate in order that the President of the Republic be afforded the opportunity to put his side of the story.

 

I, therefore, propose that we hold a special debate in this House in which we afford the hon the President of the Republic the opportunity to put his side of the story before we take any final decision.

 

CONGRATULATIONS TO SOUTH AFRICAN PARALYMPIC TEAM ON ACHIEVEMENTS AT BEIJING PARALYMPIC GAMES

 

(Draft Resolution)

 

The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:

 

That the House –

 

(1) notes the achievements of the South African team in the recent Paralympic Games held in Beijing, China;

 

(2) recalls that the Olympic Games are of far-reaching significance for athletes to open up their international vision and cultivate their awareness of comprehensive international affairs and also help them to become advocates of a peaceful world and to engage in exchange of multi-cultures;

 

1. believes that sport goes a long way in uniting South Africa and reinforces nationhood and patriotism and that the achievements of the Paralympic team, and the determined efforts of all our national sportsmen and women, highlight the importance of further developing and promoting sports in this country;
2. further believes that the team’s impressive performance has lifted the national mood; and

 

1. congratulates the South African Paralympic team on their outstanding performance at the Beijing 2008 Paralympics.

 

Agreed to.

 

CONGRATULATIONS TO NATALIE DU TOIT ON AWARD-WINNING ACHIEVEMENTS AT BEIJING PARALYMPIC GAMES

 

(Draft Resolution)

 

The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:

 

That the House –

 

1. notes that -

 

(a) on Sunday, 14 September 2008, Natalie du Toit won her fifth gold medal at the Paralympics; and

 

(b) Du Toit’s record in Beijing was 100 per cent gold and she could have also won another had she competed in the 100m backstroke like she did in Athens;

1. recalls that Du Toit also received the Whang Youn Dai Achievement Award, a medal made out of 75 grams of pure gold, for her outstanding performance during the games; and

 

1. congratulates Natalie du Toit on her Paralympic achievements and on winning the Whang Youn Dai Achievement Award.

 

Agreed to.

 

MOTION OF CONDOLENCE

 

(The late Mr Derrick Moyo)

 

The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:

 

That the House –

 

1. notes with sadness that on 10 September 2008 South Africa’s Deputy Ambassador to Washington DC, Derrick Moyo, passed away at Louis Pasteur Hospital in Tshwane;

 

1. recalls that Moyo joined the African National Congress in the early 1980s and remained in exile until the unbanning of liberation movements in 1990, that he joined the Department of Foreign Affairs in 1995 and assumed the position of Deputy Chief of Mission at the South African Embassy in Washington DC in March 2005, having previously served in missions in Canada and Brazil; and

 

1. extends its condolences to the Moyo family and the African National Congress.

 

Agreed to.

 

MOTION OF CONDOLENCE

 

(The late Mr Bheki Mseleku)

 

The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:

 

That the House –

 

1. notes with a deep sense of pain the death of jazz pianist Bheki Mseleku, who passed away on 8 September 2008;

 

1. recalls that, like many youths of the time, Bheki left South Africa after the 1976 student uprising in defiance of the oppressive apartheid system;

 

1. further recalls that Bheki Mseleku came from an artistic family and taught himself to play various instruments and that the jazz genre provided Mseleku with the space for self expression to not only shape his individual identity but also to articulate the plight of the African people; and

 

1. conveys its condolences to his wife, the Mseleku family and his friends in the music industry.

 

Agreed to.

 

HOURS OF SITTING OF HOUSE

 

(Draft Resolution)

 

The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move the draft resolution printed in my name on the Order Paper, as follows:

 

That, notwithstanding Rule 23(2) which inter alia provides that the hours of sitting on Tuesdays shall be 14:00 to adjournment, the hours of sitting of the House on Tuesday, 23 September 2008, shall be 9:30 to adjournment.

 

Agreed to.

 

SUSPENSION OF RULES

(Draft Resolution)

 

The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:

 

That, for the purposes of disposal of the Financial Management of Parliament Bill and the Draft Money Bill Amendment Procedure and Related Matters Bill, the House -

 

1. subject to the concurrence of the National Council of Provinces, suspends Joint Rule 15(3), which provides that if a proposal to establish a joint committee is contained in draft legislation before a portfolio committee, a select committee or a joint committee referred to in Joint Rule 111, that committee must first refer the proposal to the Joint Rules Committee for a report and recommendation before that committee considers the proposal; and

 

1. suspends Rule 121(3), which provides that if a proposal to establish a committee is contained in draft legislation before a portfolio committee, that committee must first refer the proposal to the Rules Committee for a report and recommendation before that committee considers the proposal.

 

Agreed to.

 

UN INTERNATIONAL DAY OF DEMOCRACY

 

(Draft Resolution)

 

The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move without notice:

 

That the House –

 

1. notes that Monday, 15 September, marked the United Nations International Day of Democracy and that the Parliament of South Africa celebrated this day with approximately 150 other parliaments that are affiliated to the Inter Parliamentary Union (IPU), an institution aimed at ensuring lasting democracy by forging closer links between parliaments and the people;

 

1. further notes that the International Day of Democracy coincides with the day on which the IPU, in 1997, adopted its Universal Declaration on Democracy and, while the existence of a parliament may not in itself guarantee democracy, there surely cannot be democracy without a parliament;

 

1. further notes that it is significant that in the week of the International Day of Democracy, members of the National Assembly and National Council of Provinces met with citizens at the People's Assembly in Bushbuckridge, Mpumalanga, on 17 and 18 September;

 

1. recognises that Parliament, as the true and legitimate representative of the people, has an obligation to provide citizens with information about its work, and parliamentarians have a duty to be fully informed of citizens' circumstances and concerns by interacting directly with them and empowering communities to address issues such as poverty eradication;

 

1. is satisfied that at the People's Assembly in Bushbuckridge, Members of Parliament accounted to citizens on how the institution has incorporated their will and needs into its programmes and policies, thereby ensuring effective government of the people by the people; and

 

1. resolves to ensure that we, together with our fellow IPU members, continue to entrench the core democratic values of representivity, transparency, accessibility, accountability and effectiveness in both national and international affairs.

 

Agreed to.

PROVISION OF LAND AND ASSISTANCE AMENDMENT BILL

 

(Second Reading debate)

 

The MINISTER FOR AGRICULTURE AND LAND AFFAIRS: Madam Speaker, Ministers, Deputy Ministers, hon members, allow me to borrow the words of wisdom used by the veterans of our struggle and the heroes and heroines in the Congress of the People some 53 years ago:

 

Restrictions of landownership on a racial basis shall be ended, and all the land redivided among those who work it to banish famine and land hunger.

 

Since 1994 our new land laws have helped to create an enabling environment to address the racial land dispossession of the past. They have assisted us to achieve some of our goals, yet we still need to do a lot to reverse the legacies of past inequalities. This statement made by the Congress of the People on banishing famine and hunger is even more relevant today in the light of the high food prices. It underlines the need for the masses of our people to be given land and resources to grow their own food.

 

This Bill will enable us to effectively implement our Land and Agrarian Reform Programme, Larp, being the seventh of the 24 Presidential Priority Projects. Like the Congress of the People, we strongly believe that –

The state shall help the peasants with implements, seed, tractors and dams to save the soil and assist the tillers ...

 

This Bill constitutes our shot in responding to this powerful statement. Our people need those moveable assets which will enable them to make a success of farming the land that we make available to them.

 

We never intended to just transfer landownership to our people, but we wanted to see such land continue to be productive in the hands of the new emerging black farmers. Mindful of the responsibility and trust that our people placed in us, we have decided to identify and correct gaps in our policies and programmes to ensure sustainable land reform.

 

We have looked at what is constraining us from delivering to our people the better life that we have promised them. Through this amendment we have ensured that we will deliver going concerns that will make us a more efficient and prosperous agricultural sector.

 

Our diagnosis tells us that land reform will not yield the desired results unless our legal framework and policy funding instruments acknowledge and respond to the reality that agriculture has become more modernised and sophisticated. We have to appreciate that a massive investment in agriculture is necessary and required to increase the contribution of agriculture to the creation of wealth, employment and prosperity. Our competitiveness in global markets will remain a dream, unless we do something now to support agriculture.

 

We have been criticised heavily for not immediately acquiring land that becomes available on the market, since our approach to land redistribution has been mainly dependent on demand as opposed to supply. To respond comprehensively to this in a manner that does not result in a wholesale acquisition of marginal land, we have had to adopt a proactive land acquisition strategy together with area-based planning. This allows us to approach a geographical area within a municipality on the basis of a local development vision and to have a better sense of the current and future status of the supportive physical and transport infrastructure necessary for agriculture to flourish.

 

It further allows us to determine land needs and also scientifically identify suitable agricultural land. As we continue to identify suitable land at scale, it will become necessary for us to acquire such land proactively, even in circumstances where we either have not identified potential beneficiaries or identified beneficiaries that have the necessary skills.

 

Our land acquisition component, Larp, will focus on the beneficiation of farms and also ensure that farmworkers acquire the necessary skills. To date we have ensured that 17 267 ha have been transferred to labour tenants and farmworkers in the 2007-08 financial year. This Bill will enable us to help these beneficiaries to operate these farms immediately on land transfer.

 

The historical “racialisation” of almost every aspect of our social and economic life had the effect of condemning farmworkers to being mechanical beings that only did, and in some cases continue to do, what “die baas” [the boss] tells them to do. The concept of the division of labour was not just applied to promote specialisation and profit-making, it was also meant to create disconnection between farmworkers. The effect of this was that the only nexus among different farming activities was the farm owner, without whom farming operations would collapse.

 

The net effect of this historical reality is that no matter how much farming experience farmworkers have accumulated, they still cannot independently run successful operations, as they’ve never had a chance to experience the connectedness of their activity with that of others. This Bill creates the possibility of skilling and capacitating our land reform beneficiaries so that they are not condemned to being career subsistence farmers. It is in the interests of all that our emerging black farmers are not only successful, but become prosperous farmers.

 

The Constitution requires of us to take reasonable legislative and other measures to foster conditions that enable citizens to gain access to land on an equitable basis. The foundations that we have laid down, and continue to lay down through legislation like this Bill, constitute a firm commitment and acknowledgement that we cannot do less than deliver on the promises that we made in 1996 when we passed our Constitution into the supreme law of the land.

 

I would like to thank all hon members, particularly the members of our portfolio committee who, in their diversity, were unanimous in supporting this Bill and gave us guidance and better insight into going forward. I recommend this Bill for adoption by this House. Thank you. [Applause.]

 

Mr D M DLALI: Madam Speaker, I want to raise two issues in relation to the Amendment Bill before this Chamber today. It is one of the pieces of legislation which is critical to the ANC’s efforts to revolutionalise land reform. The land issue is one of the most important parts of our struggle. Without land, there is no nation, food or dignity whatsoever.

 

Therefore, agrarian transformation is most important in this regard. People out there want land, implements, seeds, fertiliser and many other things, in order for them to work the land.

 

The White Paper on South African Land Policy makes it clear that underused farm land should be expropriated; there should be restrictions on the size and number of farms that an individual can own; and the situation pertaining to absentee landlords needs to be investigated. Therefore, on the basis of the above, the agrarian revolution is critical to address most of the red tape and to unlock the blockages delaying land reform.

 

This is an amending Bill, which seeks to amend the Provision of Land and Assistance Act of 1993, the principal Act. This Act makes provision for the designation of certain land; regulates the subdivision of such land and the settlement of persons thereon; provides for the rendering of financial assistance for the acquisition of land; and to secure tenure rights.

 

The principal Act was amended by the Development Facilitation Act, Act 67 of 1995, and later by the Provision of Certain Land for Settlement Amendment Act, Act 26 of 1998, because of a number of gaps in it. The current amendment, therefore, takes place within the context of the number of amendments that have taken place in the past in relation to this principal Act.

 

As such, the current amendment seeks to provide for clarity and to extend the application of the provisions on the acquisition, planning, development, improvement and disposal of property; the provision of financial assistance for the land reform processes; and the maintenance of property for land reform.

 

The Provision of Land and Assistance Amendment Bill is located within the broad political imperative of ensuring agrarian transformation. The political imperatives of agrarian transformation are a range of fundamental tasks that relate to the restructuring and dislodging of the current agrarian accumulation logic located in the agrarian business paradigm, towards a more inclusive agrarian path for self-sustenance and to ensure food security.

 

Agrarian transformation is not simply about the production of the agricultural products in order to gather export earnings and accumulate wealth, but is largely about sustainable food security, ensuring tenure rights and altering the ownership pattern of the agricultural sector. In this context, agrarian transformation also ensures that the policy harmonisation between all spheres of government on land ownership and disposal are adhered to. Most importantly, the political objective of agrarian transformation is to ensure that agricultural sector and other policies have a positive impact on household food security, food prices and environmental sustainability.

 

Central to the ANC outlook of agrarian transformation is the elaboration of a clear agenda to implement the integrated food security strategy, as adopted by the Cabinet in July 2002; and to further develop a sustainable food policy strategy that ensures food security at all times, especially in times of vulnerability as a consequence of natural disaster, price hikes and so on, which impact directly on food prices for the poor, with a specific focus on women, the elderly, people with disability and children.

 

These aspects of agrarian transformation for South Africa were further emphasised by the 52nd National Conference of the ANC. Challenges to agrarian transformation, which concerns rural areas, are: The lack of infrastructure, which entrenches the problem of chronic poverty and limits the potential of communities to sustain economic growth, rural livelihoods and social development. As such, and in essence, agrarian transformation is about poverty eradication to ensure sustainable rural livelihoods. The current amending Bill facilitates the very essence of land reform as an integral part of the broader agrarian reform.

 

The amending Bill seeks to resolve certain interpretation problems and critical deficiencies in the principal Act, especially with regard to ministerial powers to acquire movable and immovable property; acquire economic enterprises; acquire shares or rights, title or interest in or to juristic persons; and grant financial assistance for the acquisition, planning, development or improvement of various types of property including economic enterprises, which are clarified and extended in the process.

 

The objects of the Bill seek to deal with the following issues: to give effect to the land and related reform obligations of the State in terms of section 25 of the Constitution; effect, promote, facilitate or support the maintenance, planning, sustainability, use, development and improvement of property contemplated in this Act; contribute to poverty eradication; and promote economic growth with regard to the agricultural sector.

 

The most important aspect of the Bill is the insertion of the objects in the principal Act. These specifically speak to giving effect to land and related reform obligations in terms of the Constitution, as referred to above - to give, promote, facilitate or support the maintenance, planning and sustainability of rural development as such.

 

Another critical area is the provision of property for land reform purposes set out in the clauses which substitute section 10 of the principal Act. Accordingly, the clauses that make provision for property for land reform purposes empower the Minister to acquire immovable property, including land; movable property, including corporate property; acquire businesses or other economic enterprises as a going concern; or shares in or the right, title or interest in or to a juristic person, other entity or a trust owning, controlling or administering property. These clauses also make provision for financial assistance by way of an advance subsidy, grant or otherwise, to any person for their acquisition, maintenance, and so on.

 

In addition, the amending Bill also speaks to issues of land expropriation in the context of section 25 of the Constitution of the Republic of South Africa which states that:

 

1. Property may be expropriated only in terms of law of general

application -

 

1. for a public purpose or in the public interest; and

 

1. subject to compensation, the amount of which and the time and manner of payment of which have either been agreed to by those affected or decided or approved by a court.

 

This Bill is critical because of the political challenges that the ANC is facing with regard to agrarian reform and changing the current agribusiness accumulation of logic that still remains located in the power relations of the special architecture of apartheid social engineering. There is also a social basis for the ANC to be more robust in altering the ownership patterns in the agricultural sector due to a number of problems faced by farm dwellers and the evictions that continue to undermine people’s basic human rights. This is central to ensuring tenure rights and fast-tracking emerging farmers, who will be central to food production for domestic consumption and food security.

 

Because land is a highly contested terrain and because of the fact that agriculture and land owners are predominantly the white elite, the opposition parties are going to ring alarm bells on this. The social basis for expropriation and provision of land assistance is at the centre of meeting the national development goals as well as meeting the challenges of poverty in the context of the millennium development goals. The ANC has a revolutionary obligation to make sure that we do realise this goal. Thank you.

 

Mnr A H NEL: Dankie, Speaker. Hierdie wetgewing maak dit vir die Departement van Grondsake moontlik om nie net grond aan te koop vir doeleindes van grondhervorming nie, maar ook lewende hawe, implemente en moontlik besighede wat direk met die spesifieke boerdery te doen het. Sodoende sal die begunstigdes van die transaksie beter daaraan toe wees om volhoubaar te produseer en die boerdery beter te bestuur. Dit stel ook die departement in staat om grond, wat in die besit van ‘n maatskapy of ‘n trust is, aan te koop.

 

Hierdie amendemente verbeter die oorspronklike wet en daar is redelik algemene instemming daarmee. Ons het egter sekere voorbehoude oor twee van die doelwitte van die wetgewing, naamlik om armoede te verlig en om ekonomiese groei te bevorder.

 

Daar is geen probleem met die doelwitte op sigself nie, maar as die wye magte van die Minister en die Minister se mag om te kan onteien, ingesluit en in ag geneem word, dan word dit problematies. Ons het daarop gewys dat sulke doelwitte eintlik die gevolg sal wees as die Minister en die department die wet reg toepas. Dit sal dus onnodig wees om sulke doelwitte in die wet te sit. Dit kan net daartoe lei dat dit in die verkeerde hande – en dit is iets waarvan u miskien meer sal weet as ek, deesdae – misbruik kan word om onteiening te gebruik vir redes wat niks met grondhervorming te doen het die. Ons betoog is egter nie aanvaar nie. (Translation of Afrikaans paragraphs follows.)

 

[Mr A H NEL: Thank you, Speaker. This legislation enables the Department of Land Affairs not only to purchase land for the purpose of land transformation, but also livestock, implements and possible businesses which are directly related to these specific forms of farming. In this way the beneficiaries of the transaction will be better off to produce in a sustainable manner and to manage farming better. It also enables the department to purchase land that is in the possession of a company or a trust.

 

These amendments improve the original Act and there is reasonably general agreement on this. However, we have certain reservations about two of the goals of the legislation, namely to relieve poverty and to promote economic growth.

 

There is nothing wrong, as such, with these goals, but when the broad powers of the Minister and the Minister’s power to expropriate are included and considered, then it becomes problematic. We pointed out that such goals will eventually be the result when the Minister and the department apply the Act correctly. It will therefore be unnecessary to include such goals in the Act. It can only have the result that, in the wrong hands – and this something that you may know more about than I, nowadays – it can be abused to use expropriation for purposes that have nothing do to with land reform. However, our argument was not accepted.]

 

There was a section in this Bill which tried retrospectively to approve anything that the Minister had done before, which she could not have done under the present Act. To my surprise, this was scrapped because of ANC members who did not trust their Minister and who said, correctly, that one cannot make legislation which retrospectively approves action which is unknown to the legislators.

 

This is just one example of how members of the ruling party have conducted themselves in holding the executive authority to account. It seems that there is a healthy questioning of the executive and officials with regard to the execution of power by members of the ruling party which, of course, is what Parliament is about. I sincerely hope that this is not only because of Polokwane and the ANC infighting, but that it is also because they have come to accept the oversight role of Parliament as it should be. For South Africa’s sake, don’t let this Prague Spring collapse into a winter of discontent. Thank you. [Applause.]

Mr N SINGH: Madam Speaker, the dramatic events over this weekend still occupy our minds, and I think they also occupy the minds of many South Africans and people abroad.

 

Yes, we need a revolution; but we need an agricultural revolution. As the IFP, we believe that this Bill is geared towards ensuring that agriculture takes its rightful place in ensuring that economic growth and development take place in our country.

 

The land reform process has been dragging on for a long time and has not been very effective and efficient during that time. Many farmers and beneficiaries who were placed on land were doomed to fail. They were doomed to fail because they were given land, which was very necessary, but they were not given the implements and the technical expertise that were required for them to cultivate that land efficiently and properly. This Bill will, no doubt, go a long way towards ensuring that would-be beneficiaries will have the necessary capacity, financial resources and human resources to make agriculture viable once again.

 

A concern that we have, though, is the slow pace of the land claim process. The gazetting of land claims ended in 1998. But even until today, 10 years later, thousands of claims have still not been gazetted. The fears of landowners and the aspirations of beneficiaries are brought into question and fuel unnecessary tensions. We do hope that the department will give all its attention to ensuring that all outstanding land claims are resolved as quickly as possible.

 

In allocating land and in providing these grants, we certainly hope that proper evaluation of all farms is done and that economic viability is of the greatest concern. Farmers must not be set up to fail. They must be able to get out of the trap of poverty and deprivation. We trust that this Bill will contribute to many, many poor people out there making some sort of sustainable and viable living. As the IFP we will support this Bill. Thank you.

 

Mr J BICI: Madam Speaker, hon members, the Bill before us seeks to amend the Provision of Land and Assistance Act. The core of the Bill is found in clause 4, which provides for a new section 10 that defines the powers of the Minister more clearly. As always, one needs to caution against too much executive power, even whilst acknowledging that a certain amount of power is required in order to implement the policy.

 

Land reform remains one of the most emotive and potentially explosive issues in South Africa today. It is vital, therefore, that this issue be handled with the utmost sensitivity. It is absolutely critical that we ensure that existing and emerging farmers are supported and allowed to flourish. The UDM will support the Bill. Thank you.

Mrs C DUDLEY: Madam Speaker, the ACDP acknowledges the need to undo the legacy of unequal land distribution, and the critical importance of ensuring that there is continued productive use of agricultural land once it has been transferred. This Bill amends the Provision of Land and Assistance Act of 1993 by increasing the powers of the department in order for it to acquire movable and immovable property as well as economic enterprises and shares. It also grants financial assistance for the development of various types of property and commercial enterprises.

 

The ACDP is hopeful that these amendments will ensure that the obstacles presently experienced are more efficiently and effectively dealt with. For example, until now the department has been unable to buy a fully functioning farm and is limited to land only. This has been detrimental to both the prospective new owner and the farmer wanting to sell the going concern.

 

The ACDP notes the concerns that have been expressed regarding the provisions that enable government to take transfer of expropriated land before a suitable farmer is identified, but is satisfied that both new and existing farmers’ interests are served by this new arrangement. The ACDP will support this Bill.

 

Mr R B BHOOLA: Madam Speaker, if anything, the MF is well aware of the challenges the Department of Land Affairs has been experiencing in delivering on land redistribution since the birth of democracy. We are, however, encouraged by the department’s identification of a potential problem and the introduction of the amending Bill to address the shortfall and speed up delivery.

 

The MF also believes that as a people we do not realise how cumbersome it is to obtain land and to distribute it, nor do we realise the number of people waiting to be catered for.

 

The Bill certainly provides greater clarity in terms of the management of both immovable and movable property. The MF hopes that this amending Bill will be effectively and efficiently implemented to attain the results of delivery that we all desire. The MF will support the Bill.

 

Ms B THOMSON: Ngiyabonga, Somlomo. [Thank you, Madam Speaker.]

 

The Provision of Land and Assistance Bill amends the Provision of Land and Assistance Act of 1993. The aim of the amendment is to facilitate sustainable land reform.

 

Inhloso yalesi sichibiyelo ukunikeza uNgqongqoshe amandla okwelekelela labo abafanelekile ukuba bakwazi ukuthengelwa lokhu esikubiza ngokuthi i-movable and immovable property ngenhloso yokuqinisa intuthuka nokuqeda ubuhlwempu kubantu bakithi. (Translation of isiZulu paragraph follows.)

 

[The aim of this amendment is to give powers to the Minister to be able to assist in buying movable and immovable property on behalf of the legitimate beneficiaries with the aim of ensuring development and eradicating poverty among our people.]

 

The Provision of Land and Assistance Amendment Bill intends to repeal the original Act that had allowed the department to buy land, but not assets and equipment, as desired by the sellers of the land.

 

uNgqongqoshe simgixabeza ngamandla amakhulu okuthenga izinsiza zamapulazi ngesicelo salowo obengumnikazi wepulazi. Le ndlela yokuthenga izolekelela ekuqiniseni lokhu esikubiza nge-land reform programme ngoba umdayisi akazukukhahlanyezwa ukusala nezinsizamsebenzi umhlaba esewuthengisike. Ngolimi lukaJoji yilokhu esikubiza ngokuthi yi-going concern okusho ukuthi ibhizinisi elisebenzayo. Lokhu phela kusho ukuthi umthengi omusha okwakhe ukungena nje emsebenzini aqhubeke nomkhiqizo ngoba izinsiza zizobe zikhona zilindele ukusebenza.

 

Kafushane nje ngizothanda ukusho ukuthi njengoba iPhalemende beliye kubantu e-Bushbuckridge sihlangabezane nezinkinga. Uthola ukuthi abantu abasebenzisa umhlaba banalo ipulazi futhi nomhlaba ukhona abawusebenzayo kodwa izinsiza azikho. Sithole futhi ukuthi abantu bakithi laphaya baseb enzisa imilomo yabo ukuthi bamome amanzi ukuze bachelele noma banisele ukudla kwabo. Umlomo-ke bakwethu awukaze ube yi-generator. Awunawo amandla okumoma amanzi kodwa bona bayakwenza ngoba bahluphekile. Ngakho sicabanga ukuthi lesi sichibiyelo sizobelekelela ukuthi kube khona izinsiza ezizoba khona emapulazini. Cabanga-ke nje ukuthi umuntu umoma amanzi ngepayipi ekade liphansi bese elithatha yena amome ngalo amanzi.

 

Ngicabanga ukuthi iningi lethu kule Ndlu liye ligijime naleli bhodlelana elincane lamanzi siwafake ezikhwameni ngoba sifuna amanzi ahlanzekile. Nokho, ngoba uNkulunkulu ubathanda bonke abantu esikuqaphelile ukuthi laba bantu baseMpumalanga abaguli. Thina kodwa esigijima namanzi amabhodlela ezikhwameni kodwa iningi lethu liyagula - libuthakathaka. (Translation of isiZulu paragraphs follows.)

 

[We are giving the Minister more powers to buy assets and equipment for farming as per request by the seller. This will help in the land reform programme because the seller will not be burdened by remaining with the assets and equipment whilst the land has been sold. This is what we call in English, a going concern. This means that the buyer just gets to work and goes on with production as the equipment would be readily available, waiting to be used.

 

I would briefly want to indicate that we encountered problems in Bushbuckridge whilst we took Parliament to the people there. People reported to us that the people who are working the land have farms, but they do not have equipment. We found that our people use their mouths to contain water to water their plants. And good people, a mouth has never been a water pump. It does not have strength to contain water, but they do it because they are struggling. We therefore think that this amending Bill will assist in availing equipment on farms. Hon members, you can just imagine for yourselves a person taking a pipe that has been lying on the ground for ages and puting it in her mouth to use it as a water transporter, either to a container or somewhere else.

 

I think that most of us here in this House carry small bottles of purified water in our cooler bags because we want clean water. But, because God loves all his people what we have noticed is that these people of Mpumalanga do not become ill. But most of us who carry this bottled water in our bags are sick and fragile.]

 

Members of the portfolio committee unanimously support this provision as it will make it possible for the department not just to buy land, but also the assets and equipment that will make land reform projects more viable. However, the committee rejected the proposal to make the legislation retrospective.

 

Kodwa lokhu akuhlangene nalokhu obekushiwo ubaba u-Nel. [But this has nothing to do with what hon Nel was saying.]

 

This has nothing to do with Polokwane. We were merely exercising our right as a committee. The proposal to make legislation retrospective means that whatever assets and equipment have been bought by the Minister outside the mandate of the principal Act should be validated by the Bill. By accepting validation of anything that has been done or purported to have been done under the principal Act, the committee believes it would be signing a blank cheque without knowing what assets have been bought by the Minister and for what purpose.

 

Cha, ikomidi impela lisichithile lesi sicelo soMnyango. [Indeed, the committee rejected the request of the department.]

 

The committee requested the department to report to the Auditor-General all illegal land and property transactions that have taken place contrary to the provisions of the existing legislation. In addition, Scopa should call on the department to report on all the transactions that have taken place, if any.

 

Kubalulekile ukuthi iPhalamende lilandele ukusebenza kwemisebenzi yohlelo lwezomhlaba, ikakhulukazi ukuthengwa kwalezi zingqalasizinda. Kufanele siqinisekise ukuthi wonke lo mnotho uhlala ezandleni eziyizo nezifanele. Labo phela abahlomula emhlabeni. (Translation of isiZulu paragraph follows.)

 

[It is important that Parliament should follow the processes of the land reform programme, especially the buying of this infrastructure. And we must ensure that all this wealth is placed in legitimate hands. I mean those who are benefitting from the land.]

The committee, therefore, needs to be provided with adequate resources to periodically monitor property acquired by the department for land beneficiaries.

 

Ngabe uMnyango unawo amandla okwenza lo Mthethosivivinywa ukuthi usebenze? [Does the department have powers to implement this Bill?]

 

It would require expertise in business management, or in running farms, to manage the acquired farm where beneficiaries have not yet been identified or are not yet ready to take over the farms. This could be a costly exercise to the state if property was damaged, vandalised or abused during this period. We therefore suggest that property acquired by the state should not sit in its hands, but should be passed on - and in good condition - to the ultimate beneficiaries. There should be the provision that it would be properly cared for, pending the final transfer.

 

The issue of capacity is critical, considering the fact that the department has been continually criticised for its lack of capacity to meet land reform targets. If the department was effectively resourced, it would be able to enter the market and acquire the necessary skills to attain this capacity.

 

In the memorandum of the Bill it is stated that there will be no financial implications. The explanation given is that the implementation of the Bill will be accommodated within the current budget of the department in terms of the medium‑term strategic and operational budget. This is understood, but what one fails to understand is that the department is already complaining about high prices of land that are squeezing its budget. Buying assets and equipment means that the department will have to spend more on acquiring land.

 

According to the Director-General, Mr Thozi Gwanya, the department has already approached National Treasury for further funding. Relevant here is whether the grants that are made available to land beneficiaries are adequate to cover the full costs of procurement of property, including movable and immovable assets. At the moment grants only cover a fraction of the cost of property, and farmers have to take out loans in order to finance their agricultural activities. This squeezes them even more financially.

 

Grants are not adequate for one individual farmer. The grant is only about R111 000 to buy land. As a result, the number of recipients qualifying for the grant resort to pooling their money and buying as a group. This grouping has always been proven to be a recipe for economic disaster. Management problems are also likely to arise.

 

Analyses of projects that have failed, or are on the verge of failing, point to the urgent need to review the quality of support given to the land reform beneficiaries. They showed that singular emphasis on land acquisition and redistribution at the expense of equal efforts on postsettlement support provision can undo all the good work done towards achieving land reform objectives.

 

This has influenced policy shifts within the department. Part of the new approach is the revised legislative framework contained in the Provision of Land and Assistance Amendment Bill, which would give the Minister powers to acquire farms, land and shares in the agricultural sphere for compensation on behalf of black people. This includes provision for postcare issues such as capacity. Ngiyabonga. [Thank you.]

 

UMPHATHISWA WEZOLIMO NEMICIMBI YEZOMHLABA: Ndiyabulela, Somlomo, nakuwo onke aMalungu ePalamente ngokubanzi, ngokuxhasa lo Mthetho uYilwayo nobaluleke kangaka. Lo Mthetho uYilwayo uza kunceda abantu bakuthi ukwenzela ukuba xa sithenga ezi fama sikwazi nokuthenga iiteletele kwakunye neenkomo. Kanti ngokubhekisele kwiifama zobisi singathenga izixhobo eziyimfuneko  zobisi kunye neenkomo. Loo nto iya kunceda ukuba abantu bakuthi ... (Translation of isiXhosa paragraph follows.)

 

[The MINISTER FOR AGRICULTURE AND LAND AFFAIRS: Thank you, Madam Speaker and Members of Parliament at large, for supporting this Bill. This Bill will help people in that, when we buy farms, we will also be able to buy tractors and cattle. With regard to dairy farms, we will be able to buy the necessary dairy equipment and cattle. This will help our people to ...]

... move right into commercial agriculture after we have given them the necessary skills.

 

Ndifuna ukuthi lo Mthetho uYilwayo usinika amandla okuba sifumane abaphathi abaza kuthi babe nolwazi lokulawula iifama, ngeli xesha sisafuna abaxhamli. Ndiyafuna ke ukuthi, ewe zikhona iimpahla ezingahanjiswayo(immovable properties) esizithengileyo xa besithenga ezi fama. Kaloku nasithuka kakhulu nisithi sithengela abantu imihlaba esingaziyo nokuba baza kuyisebenzisa njani na. Isebe lenza uphononongo lweencwadi ukufumanisa ukuba ngaba zonke ezo mpahla, iinkomo kunye nezixhobo ezithengiweyo zigcinwe kakuhle kusini na, kwaye ngoku liza kuza apha ePalamente ukuza kuphendula ngako konke oko.

 

Ndifuna ukubulela nakuBawo uNel ngokugayela uKhongolozi iivoti, ngoba uthethe kakuhle kakhulu ngalo mbutho naMalungu ethu ePalamente. Ndifuna ukuthi ke ndiyabulela kule Ndlu ngoba iPalamente yonke iwuxhasile lo Mthetho uYilwayo. Siyathemba ukuba uza kuphunyezwa ze umiliselwe ngokukhawuleza, ukuze siqhube ngokunikezela ngomhlaba kwaneenkonzo zolimo kubantu bakowethu, ze siphelise ubuhlwempu kunye nendlala. Ndiyabulela. [Kwaqhwatywa.] (Translation of isiXhosa paragraphs follows.)

 

[This Bill gives us the power to find managers who can manage farms, whilst we are looking for beneficiaries. I wish to say that, indeed there are immovable properties that we bought when we bought these farms. However, we felt very insulted when we were accused of buying land for people when we did not even know how they were going to use it. The department carried out an audit and checked whether all these properties, as well as the cattle and equipment that were bought, are being taken care of, and the department will come to Parliament to account for that.

 

I would like to thank hon Nel for campaigning for the ANC because he spoke very well of this party and our Members of Parliament. I wish to express my sincere gratitude to this august House because Parliament as a whole supported this Bill. We hope that it will be passed and implemented as soon as possible so that we can continue with land distribution and provide agricultural services to our people, and be in a position to alleviate poverty and hunger. I thank you. [Applause.]]

 

Debate concluded.

 

Bill read a second time.

 

LIQUOR PRODUCTS AMENDMENT BILL

 

(Consideration of Bill)

 

Mr M R MOHLALOGA: Madam Speaker, hon members, the Liquor Products Amendment Bill seeks to amend the Liquor Products Act of 1989, which provides for control over the sale and production for sale of alcoholic products for drinking purposes. It also provides for the composition and properties of such products and for control over the import and export of such products.

 

As indicated above, the Liquor Products Act therefore predates the period of lifting of sanctions. With our re-entry into the world economy, new obligations and opportunities arose, and the Liquor Products Amendment Bill seeks to respond to the obligations and opportunities thus presented.

 

The principal Act allowed certain wine cultivars for the production of wine, which is no longer the case. Thus, there was a need for the principal Act to be amended in this regard. One of the important aspects of the amending Bill was in the area of the Wine and Spirit Board. The principal Act provides, amongst other things, that members of the board, who speak on behalf of the producers and merchants, be nominated by KWV and the Cape Wine and Spirit Institute.

 

The problem with this arrangement is that there have been structural changes in the industry, so the current composition of the board is no longer representative of all participants in the industry. The amending Bill seeks to ensure that the composition of the board is in line with the changes that have occurred in the current structure of the industry. The Bill provides that the board will be composed of members with skills, knowledge or expertise in viticulture, oenology, distilling and the regulatory environment of the liquor industry.

 

In terms of our appointment process, the Bill provides that the Minister will establish a selection committee which will recommend a shortlist of eligible candidates and submit its recommendations to the Minister. This will be preceded by a process of public participation through the invitation of interested parties to nominate any such persons as they think possess the necessary requirements as spelled out in the Bill.

 

The amendment that comes from the NCOP suggests that the Minister should appoint the board after consultation with Parliament. We understand Parliament, in this particular instance, to include the NCOP. In our view, as the committee, the process laid down in the Bill is sufficient for us to have the right persons appointed to perform their duties as spelled out in the principal Act and as further elaborated in this Bill. As indicated, it provides for public involvement and for the selection committee that will advise the Minister.

 

We could not, in our understanding of the role of this board, see the need for Parliament to be involved in the appointment process of this board. We think that the provision that obliges the Minister to notify Parliament of the appointment of the board 30 days after such an appointment, is sufficient. We could not elevate the role of the Wine and Spirit Board to the Chapter 9 or similar institutions. So, there was no constitutional basis for us as Parliament to get involved in the appointment of the board, whose work is highly specialised and technical. It is our view that there is no constitutional basis for us to get involved as this is purely an executive function in which Parliament will not have any desire or interest to involve itself.

 

In considering this amendment from the NCOP, it was only one member that abstained from voting. Otherwise the committee was in agreement in rejecting the amendment from the NCOP. Thank you very much. [Applause.]

 

There was no debate.

 

The CHIEF WHIP OF THE MAJORITY PARTY: Madam Speaker, I move:

 

That the Bill be passed.

 

Motion agreed to.

 

Bill accordingly passed.

 

NATIONAL ENVIRONMENT LAWS AMENDMENT BILL

 

(Second Reading debate)

The MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM: Madam Speaker, the National Environment Laws Amendment Bill seeks to amend the National Environmental Management Act of 1998 and all specific environmental Acts. In terms of the Act, the amendments include, firstly, the National Environmental Management Act, Nema. It has become evident that whilst prison sentences are adequate in our suite of environmental legislation, where comparable with what is found internationally, our fines were too low. This Bill seeks to increase the fines in Nema and the specific environmental Act up to an amount of R10 million. The amendment seeks to limit costs to the state by giving magistrates’ courts jurisdiction over environmental offences as well as the penalties provided for in the Acts.

 

The National Environmental Advisory Forum and the Committee for Environmental Co-ordination have also been dissolved in terms of this Bill. We are now empowered to establish fora and committees to advise us on various and specific environmental issues. There is a need for less prescriptive and flexible ad hoc advisory committees that are less costly, provide better value for money and substantially reduce the administrative burden.

 

Secondly, with regard to the National Environmental Management: Protected Areas Act, it has no section providing for the ownership of wild animals occurring in protected areas. The proposed amendments now give ownership, in trust, to the state. It would also be the state’s responsibility to manage animals that have escaped from protected areas.

 

Thirdly, with regard to the National Environmental Management: Biodiversity Act of 2004, the amendment provides for general surveillance and reporting on all categories of genetically modified organisms once they are released into the environment.

 

It also provides that in cases where an environmental assessment is required for genetically modified organisms, GMOs, to be released into the environment, an environmental impact assessment should be carried out.

 

The amendment further makes provision for notification requirements when a person engages in the discovery phase of bioprospecting of indigenous biological resources. This amendment also seeks to incorporate the list of national botanical gardens under the Act and empowers the Minister to amend the schedule if necessary.

 

Fourthly, with regard to the National Environmental Management: Air Quality Act of 2004, in order to determine whether a person is fit and proper for purposes of an application for an atmospheric emissions licence, a licensing authority must take into account all relevant facts.

 

The present wording of the Act excludes reference to a juristic person, which was excluded by error. It is important to have it included as its members may fall within the ambit of the section. This has now been remedied.

 

In conclusion, the main objective of this Bill is to enhance the enforcement and implementation of environmental legislation and to address a few implementation challenges that exist in the current legislation. Thank you.

 

Mr L ZITA: Chairperson, the National Environmental Laws Amendment Bill of 2008 seeks to effect changes to the National Environmental Management Act, Nema, of 1998, the foundational Act. The Nema also seeks to make changes to the Nema Protected Areas Act of 2003 and the Nema Biodiversity Act of 2004 as well as the Nema Air Quality Act of 2004.

 

In its current form, parts 1 and 2 of the second chapter of Nema provide for the establishment of a National Environmental Advisory Forum and a Committee for Environmental Co-ordination alongside their functions, compositions and objects. However, clause 2 of the Bill proposes the repealing of parts 1 and 2 of the second chapter of Nema. It proposes the deletion of any references to “committee” or “forum” throughout Nema and proposes insertions wherever they are deemed necessary. For example, the Bill proposes in clause 3 the insertion of section 3A regarding the establishment of a forum or advisory committee, giving the Minister the power to establish such fora or advisory committees and to determine their composition and functions.

 

This releases the Minister from having to have a particular forum even if there is no need for it. It gives the Minister the discretion to choose which fora to establish and it would therefore not be mandatory.

 

The most far-reaching and significant amendments are those for section 28 of Nema under clause 12 of the Bill. Currently section 28 of Nema deals with the duty of care and remediation of environmental damage. Section 28(1) provides that –

 

Every person who causes, has caused or may cause significant pollution or degradation of the environment must take reasonable measures to prevent such pollution or degradation from occurring, continuing or recurring, or, insofar as such harm to the environment is authorised by law or cannot reasonably be avoided or stopped, to minimise and rectify such pollution or degradation of the environment.

 

Similarly, it criminalises noncompliance with certain of the emergency incident provisions of section 30 of Nema which have been proposed in clause 13. This clause proposes that any person who fails to comply with the provisions as set out in section 30 is guilty of an offence and liable upon conviction to a fine not exceeding R100 000 or 10 years or both such fine and imprisonment.

 

Currently, section 30 provides for the control of emergency incidents and the reporting of ... [Interjections.]

 

The HOUSE CHAIRPERSON (Mr K O Bapela): Hon members, I think we are no longer hearing the debate.

 

Mr L ZITA: However, the failure to report an emergency incident or take the necessary additional steps does not constitute an offence. This is now corrected. If you fail to disclose, you are also liable.

 

Clauses 15, 16 and 17 of the Bill propose the removal of the requirement that environmental management inspectors, EMIs - the Green Scorpions - must carry notices provided for in section 31D(3). The Bill proposes that an identification card is sufficient and further proposes an increase in the EMI’s powers to allow the searching and seizure of vehicles during routine inspections and to take photographs and audiovisual recordings.

 

The purpose of these amendments is to strengthen and consolidate the powers of the EMIs. Clause 18 proposes the amendment of section 31 of Nema by substituting section 31N(2), which replaces the terms ‘Minister’ or ‘MEC’ with “director-general” or “head of department” responsible for environmental affairs in the province.

With regard to the Protected Areas Act of 2003, the Bill proposes in clause 23 state ownership and control of animals in protected areas and those that have escaped, and associated matters. Section 49A has been proposed for insertion after section 49 of the Act for this matter. Clause 24 of the Bill proposes to amend section 82(3) of the Protected Areas Act, which currently does not allow the Minister or MEC to appropriate privately held rights to state land.

 

The amendment counters this by allowing the Minister or MEC to appropriate such privately held rights to state land. Similarly, clause 24 of the Bill proposes the amendment of section 88 of the Act to increase the amount of the fines or the period of imprisonment for breaching regulations formulated under section 86 of the Act.

 

Furthermore, clause 26 of the Bill proposes to amend section 89 of the Act, with the express aim of increasing the amount of the fines or the period of imprisonment to catch up with inflation or to reflect the seriousness of the offence. It is also proposed that a magistrate’s court should have the jurisdiction to impose the penalties prescribed by the Act.

 

With regard to the Biodiversity Act, the Bill proposes to amend 13 sections of the Biodiversity Act of 2004, in addition to two insertions. Clause 27 relates to the biodiversity monitoring functions of the South African National Biodiversity Institute. Accordingly, section 11 of Nema has been amended to facilitate general surveillance monitoring of impacts of categories of genetically modified mechanisms released into the environment.

 

Clause 28 of the Bill proposes to amend section 45 by inserting subsection (d), which now states that the Biodiversity Act should “take into consideration” rather than “be consistent with” subordinate Acts or instruments such as the Municipal Integrated Development Plan. It therefore strengthens this provision.

 

Clause 29 proposes the amendment of section 57 of the Act by the addition of section 57(4), which states that the Minister may, by notice in the Gazette, exempt a person from the restriction contemplated in section 57(1) of the Act.

 

Clause 32 proposes to amend section 81 by stating that no person may without a permit engage in the “commercialisation phase of” bioprospecting. The need to insert section 81A, which deals with the notification of the Minister in case of engaging the discovery phase and related matters, means that bioprospecting may not always result in new discoveries. Without this amendment, it would mean that bioprospecting would always result in discoveries, and hence this would raise expectations.

 

Clause 34 proposes the inclusion of “a specific individual” in section 82 among the stakeholders whose interests should be secured when issuing a permit for bioprospecting. The current Act does not consider the fact that the knowledge of indigenous biological resources may be known to only specific individuals. Clause 35 proposes the amendment to section 85 by making it possible for the Director-General to manage the Bioprospecting Trust Fund or to appoint a trustee in terms of the Trust Property Control Act of 1988 to manage the fund on behalf of the Director-General under the terms he or she sees fit. This is in contrast to the original Act that mandates the Director-General to manage the fund.

 

Similarly, clause 36 seeks to amend section 86 by giving the Minister the opportunity to exempt indigenous biological resources used for research and for commercial purposes. This was not the case with the original Act.

 

With regard to the Air Quality Act, clause 42 proposes to amend section 45, including the need for the licencee to pay a prescribed processing fee where an atmospheric emission licence undergoes periodic review. Currently, there is no indication of a fee in the Act. The amendment is made to standardise the licensing process.

 

Clause 43 of the amending Bill categorises a director or a senior manager as a juristic person, thereby qualifying him for prosecution under the Act. On the other hand, clause 44 proposes to amend section 52 of the Air Quality Act by increasing the amount of the fine or the period of imprisonment, consistent with the other amended laws. The same section now makes provision for a magistrate’s court to prosecute and impose any penalty prescribed by the Act.

 

Finally, clause 45 proposes the short title to the Act as the National Environment Laws Amendment Act of 2008. This Bill seeks to strengthen the regulation of the environment. The ANC supports this Bill.

 

Mr G R MORGAN: Good afternoon, Chairperson and hon members. Environmental laws do not exist on our law books because they make us feel good or because they provide some kind of illusion that as a society we are doing our job and living up to the values of sustainable development. Our environmental laws exist to be enforced; they exist because it makes ecological sense to protect and sustain the natural world.

 

As I have said before in this House, a degraded environment undermines human health, it undermines the basis for an economy that will grow as a going concern and it undermines our heritage.

 

The National Environment Laws Amendment Bill is a patchwork Bill that seeks to simultaneously amend six pieces of environmental legislation. Several of the Bills, including the Atmospheric Pollution Prevention Act, the Environment Conservation Act, Nema and the Protected Areas Act, are being amended to increase penalties for offences.

 

It is common cause that higher penalties will act as a greater deterrent for individuals or entities that consider perpetrating environmental crimes. In most cases the monetary fines and jail sentences are significantly ramped up and the DA fully supports these steps. Most significant other amendments occur in the National Environmental Management Act. The National Environmental Advisory Forum, Neaf, is removed. This body, which took some time to be set up after the law was initially promulgated, has now existed for four years. The Minister appointed its members after consultation with our portfolio committee.

 

From its workings, however, it seems as if the Neaf duplicated the work of many other departments and research institutions. It had a number of subcommittees that dealt with, among other things, waste and climate change. The amendment allows for the Minister to appoint advisory committees as he sees fit. While the dissolution of the Neaf was questioned by many individuals who made submissions to the committee, there were no suggestions for alternatives.

 

The DA hopes that the Minister will make use of the power to initiate advisory committees in the future. The issue of remedial costs for pollution was the subject of considerable debate in the committee. If a person fails to comply with the directive to remediate pollution the authorities are, under this amending Bill, able to take measures to rectify the situation. The DA was concerned about the open-ended nature of the original proposed amendment, but supported it in principle. I’m considerably more comfortable with it now that it has limited costs to “costs for remedial measures to be undertaken”.

 

Retrospective application was also a subject of considerable debate. The department had always maintained that section 28 of the Nema applied retrospectively. However, a court case, Bareki NO and Another v Gencor Ltd, found this was not the case. The effect of this decision was that the activities which caused pollution and which were discontinued before the coming into law of Nema on 1 January 1999, and were not covered by other legislation, would become the responsibility of the state even where the polluter was traceable.

 

The necessary amendments were made in the Bill to ensure that retrospective application is ensured. I hope this particular amendment is well-publicised by the department and that numerous polluters, who have not taken responsibility for pollution prior to Nema being promulgated, take action before the Green Scorpions come knocking on their door.

 

On that note, let me congratulate the new head of the Environmental Management Inspectorate, Ms Francis Craig. I hope that she will take the Green Scorpions forward, and I urge her to increasingly concentrate on prosecuting those entities that commit pollution-related crimes.

 

I would also like to suggest that the work of training magistrates on the intricacies of environmental law be further advanced. It is one thing to have good environmental laws on paper, but it is another thing to enforce them, and we need the judiciary to help with this. The DA supports the National Environment Laws Amendment Bill.

 

Ms C N Z ZIKALALA: Chairperson, the Bill before us today seeks to amend a number of laws, which will ultimately result in an increase in the maximum penalties for environmental offences and the increased jurisdiction of the magistrate’s court.

 

A comparison of penalties for environmental contraventions with selected countries from around the globe revealed that, while South Africa’s penalty clauses for terms of imprisonment compared favourably with the other countries, our monetary fines were the lowest amongst the participating countries. This Bill also aims to standardise penalties across various environmental crimes, which will promote consistency.

 

The people who commit environmental crimes are robbing our land and its people of its natural treasures and in the process they are becoming extremely wealthy through the exorbitant profits that they make from their illegal gains. The fines that are currently imposed are no deterrent for many of these rich criminals. It is obvious that harsher fines have to be imposed and the fight against environmental crimes must be intensified.

 

The amendments suggested in this Bill will contribute to the fight against environmental crimes and to the preservation of our natural resources. The IFP supports this Bill. I thank you.

 

Mr S N SWART: Chairperson, the ACDP will support this Bill that seeks to amend various other pieces of environmental legislation to protect our environment by strengthening the fight against those who pollute or degrade the environment.

 

We, over the years, have expressed our concerns regarding genetically modified organisms, GMOs. Therefore, we welcome the amendment to ensure that the release of GMOs into the environment will require full environmental impact assessments. Whilst we appreciate that GMO-free zones under the Biodiversity Act were beyond the scope of the currently proposed amendments, we note comments that the department could not ignore concerns such as cross-pollination with vegetation or crops in non-GMO zones.

 

We also welcome the clarification of retrospective liability in terms of section 28 of the National Environmental Management Act. And, whilst there was that court decision, the amendment seeks to address that and we have no doubt that the courts will further give clarity and interpretation as regards section 28. So we as the ACDP will in general support this Bill. Thank you.

 

Ms S RAJBALLY: Chairperson, our national environment is one of the most threatened features of our country – and this by our own people. It is most disheartening to note that many veld fires and other damage to our surroundings have been caused by the negligent or irresponsible behaviour of our people.

 

In view of this, and the great need for us to preserve our natural environment and its inhabitants, the MF is pleased that the judicial system is being assessed, penalties are being instituted and provision is even being made to imprison these perpetrators.

 

South Africa may boast of being rich in minerals, fauna, flora, animals and marine life. And as government, in this month that marks our heritage, we need to clamp down on the desecration of our surroundings.

 

We are extremely interested in monitoring how these laws actually affect the balance of our environment and its effectiveness in addressing this issue.

 

The MF supports the National Environment Laws Amendment Bill. Thank you, Chairperson.

 

Mrs J CHALMERS: Chairperson, hon Minister and members of this House, the Bill in front of us today, the National Environment Laws Amendment Bill, is a critically important piece of legislation with far-reaching consequences for this country. It represents a major and positive step in the challenge to protect our environment for the benefit of present and future generations of South Africans; a requirement set out with absolute clarity in section 24 of our Constitution.

 

Chairperson, it is an acknowledged fact that our human species has a long and unfortunate history indeed - going back to our very beginnings - of using the resources of this, our amazing and beautiful planet, in a careless, wasteful and often abusive fashion. It has been said that our relative indifference to our impact on the environment springs from somewhere deep within human nature, that the shortsighted view of the future is a hard-wired part of our paleolithic heritage. So, what do we do about increasing our ability to protect and preserve our environment?

 

South Africa has some of the finest pieces of environmental legislation in the world; most of them have been promulgated since 1994. However, a major problem has existed with regard to getting offenders who transgress these laws to take them seriously. And that’s another unfortunate characteristic of our human species. It is an absolute fact that if we think we can get away with committing a wrongdoing, we carry on doing it, especially if we profit by said offence; that is why the Bill in front of us today is so important.

 

It is important because now, for the first time, it is really going to cost those who degrade and abuse the environment very dear. No longer will the big companies and corporations, which are usually also the big polluters, be able to ignore the effect that they are having on air quality; no longer will they – or anyone else – be able to dump their hazardous waste wherever they please, causing significant damage to soil and water supplies and putting the health of communities at risk. If they continue to commit these offences and get caught – and we certainly do have to tighten up our ability to police and catch offenders – they will now have to pay massive fines or serve substantial prison sentences.

 

Chairperson, the old Atmospheric Pollution Prevention Act of 1965 set out that a first conviction for an offence will incur a fine not exceeding R500,00. Now R500,00 would not even be the equivalent of tea money in a large company and certainly would be no deterrent to dumping hazardous waste. Now, a first offence will cost the offender, on conviction, an amount of R2 million or imprisonment for a period not exceeding five years. In the case of a second or subsequent conviction, the offender would be liable for a fine not exceeding R5 million or imprisonment not exceeding 10 years. This is certainly enough of a deterrent to focus the mind – and the minds of directors of companies – on environmentally friendly alternatives to their current modus operandi.

 

In addition, the Bill proposes a standardisation of penalties across various types of environmental crimes, taking into account the financial gains generated by illegal activities, the financial cost of the damage to the environment and the cost of investigation and prosecution of the alleged offence.

 

In the past, it had hardly been worthwhile for the government to spend substantial amounts of money, time and energy on prosecuting offenders when a successful prosecution would yield such a small reward. Indeed, the offender, whether abalone smuggler, hazardous waste dumper or air polluter, would smugly pay the small fine and go on his or her wicked way. Chairperson, this should no longer be the case.

 

Given the limited time at my disposal, I cannot cover all amendments contained in it, but a second critically important aspect of this Bill is the increased jurisdiction power it gives to the lower courts. Access to justice is another fundamental principle contained in our Constitution and in Nema and this can only be achieved if courts are sufficiently accessible to the public.

 

Accordingly, it is proposed in this Bill that this objective will be better served by providing magistrates’ courts time to hear appropriate environmental cases, notwithstanding their normal jurisdictional limitations.

 

Also, in order to increase the capacity and knowledge in the lower courts, the Department of Environmental Affairs and Tourism has, in collaboration with Justice College, been offering awareness-raising workshops for magistrates in environmental crimes.

 

Chairperson, this Bill is an exciting new addition to the impressive suite of environmental laws now operating in South Africa. It is now up to us to implement them in order to find a way to ensure the integrity of this beautiful planet and the magnificent life it harbours. Thank you. [Applause.]

 

The MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM: Chairperson, I would like to thank all hon members of all parties for supporting this amending Bill. I would therefore like to ask the House to pass this legislation. Thank you. [Applause.]

 

Debate concluded.

 

Bill read a second time.

 

The HOUSE CHAIRPERSON (Mr K O Bapela): The Bill will be sent to the NCOP for concurrence.

 

NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS AMENDMENT BILL

 

(Second Reading debate)

 

The MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM: Chairperson, the National Environmental Management: Protected Areas Amendment Bill seeks to amend the National Environmental Management: Protected Areas Act of 2003.

 

Section 20 is amended by the incorporation of the schedule of national parks into the principal Act. Furthermore, any amendments or additions to the parks are provided for by means of a notice in the Government Gazette, thus preventing the Act itself from being amended each time the schedule is amended.

 

Section 28 is amended by the deletion of the time period of three years after which the declaration of the protected environment has lapsed in the case of land earmarked for inclusion in the national park or nature reserve. The current period of three years is too restrictive and the extension of one year is inadequate. The time period is now indicated in the notice and can be extended by agreement with the owners of the land concerned.

 

Section 38 is amended to enable the Minister to maintain the administration of the Prince Edward Islands within the department. Given the fact that national parks are national assets and their maintenance is in the public interest, section 38 is further amended by limiting the assignment of all national parks to the South African National Parks, SANParks.

 

Section 47 is amended to enable the management of flights over special nature reserves, national parks or world heritage sites. Management of these flights is critical to the protection of the environment. This section has been amended to provide that prior written permission, subject to conditions that the management authority provides for, must first be obtained before flying over the aforementioned areas. Provision is made that contravention of this section is an offence.

 

Section 54 is amended by adding an enabling section providing for the tax exemption, winding up or dissolution of SANParks and the transfer of its assets. It is further provided that SANParks can only be wound up by an Act of this Parliament.

 

Section 55 is amended by the addition of an empowering section providing for SANParks to manage all existing national parks and any protected areas assigned to it by the Minister. Further provision has been now made for the Minister to assign the management of world heritage sites and other protected areas not included under section 55(1)(a) of the Protected Areas Act. Provision is now also made for SANParks to impose traffic rules and set penalties for the contravention thereof in all protected areas assigned to it.

 

Section 75 of the principal Act is amended by expanding SANParks’ authority to retain, as part of its funds, monies received for offences committed under the Protected Areas Act within the protected areas assigned to it.

 

In conclusion, Chairperson, these amendments provide for the final replacements of the old National Parks Act, Act 57 of 1976; the explicit enabling of the Minister to assign areas other than national parks to SANParks, thus providing for the further rationalisation of the management of our protected areas; the alignment of this Act with the Income Tax Act to ensure SANParks’ compliance, thus enabling SANParks to gain the necessary benefits; and further enabling clauses, with the necessary checks and balances, for SA National Parks to better manage those areas assigned to it. Thank you. [Applause]

 

Mr L ZITA: Chairperson, comrade Minister, colleagues, the National Environmental Management: Protected Areas Amendment Bill of 2008 seeks to further strengthen the existing gaps that are in the original National Environmental Management Act of 1998, with particular reference to national parks and protected areas.

 

The Bill seeks to add a schedule detailing areas of national parks currently in the National Parks Act, Act 57 of 1976, to the National Environmental Management: Protected Areas Act. The Bill also seeks to provide that management of special nature reserves may be assigned to any person, organisation or organ of state, but that the management of national parks can only be assigned to SANParks.

 

The Bill proposes that flying corridors over national parks, heritage sites and specific areas need the prior permission of the management authority. The Bill also makes provision for lodging an appeal with the Minister against any decision of the management authority for measures pertaining to the winding up and dissolution of SANParks; that SANParks manages all the existing parks, nature reserves and protected environments that are assigned to them; and for the traffic fines in parks.

 

With regard to clause 1 of this Bill, this relates to the amendment of section 20, with reference to national parks and their areas, as contained in Schedule 1 of the National Parks Act of 1976. It is now desirable to repeal the said Act and have all provisions dealing with national parks in the Act.

 

Furthermore, any amendments or additions to national parks are provided for by means of a notice in the Gazette, thus preventing the Act itself from being amended each time the Schedule is amended.

 

Section 28 of the Act contains a time period for an area of land to be included in the national park or nature reserve. The present period is too restrictive and the extension of one year is inadequate. The Bill seeks to extend the time period with the agreement of all parties concerned.

 

In terms of section 38(1) of the Act, the Minister must assign the management of a special nature reserve or nature reserve to a suitable person, organisation or the state. As SANParks has exclusive rights to the name, it is not desirable to have multiple organisations running national parks. It is therefore recommended that the “must” be substituted with “may”, thus giving the Minister a discretion, and that national parks are only assigned to SANParks.

 

Section 47 relates to the control of flights over special national reserves, national parks or heritage sites. This is of the utmost importance for the protection of life and the environment. To effect this, section 47 has been amended to provide that prior written permission, subject to conditions provided by the management authority, is first obtained before flying over the aforementioned areas. Provision is made for the contravention of this section to be an offence.

 

There is no enabling section in the Act providing for tax exemption, the winding up or dissolution of SANParks and the transfer of its assets. The proposed amendment provides for this if the transferee has similar interests and is exempted from income tax in terms of the Income Tax Act of 1962.

 

After receiving public inputs from the hearing that we had convened, we felt that the issue goes beyond questions of tax administration to a possible dissolution of SANParks. As a committee we felt that such a prospect is undesirable and if for whatever reasons it would be contemplated, it has to go through Parliament.

 

Our vigilance in this regard flows from the fact that biodiversity, of which SANParks is a custodian, is one of the competitive and strategic factors of the bioeconomy of the twenty-first century, thus the need for effective governance and protection.

 

As a committee we felt that there is indeed a need to review the biodiversity legislative regime, particularly with regard to threats such as the introduction of genetically modified organisms. We have asked the department to come back to us on this question.

 

With regard to the amendment of section 55, the Act has no empowering section providing for SANParks to manage protected areas other than national parks. Further provision has now been made for the Minister to assign the management of world heritage sites and protected areas not included under section 55(1)(a) of the Act, subject to written documentation by the Minister.

 

Furthermore, to increase its exposure, provision is now made for SANParks to attend international and similar initiatives identified by the Minister.

 

As roads in the park are neither national nor provincial, provision is now made for SANParks to make and enforce traffic rules in all areas administered by it. Previously, SANParks could only retain, as part of its funds, money received in respect of offences committed within national parks. This has now been expanded to include money collected for all offences committed under the Act.

 

The amendment in clause 8 seeks to add a new schedule to the Act and it is motivated by having reference to national parks contained only in the Act, with a detailed description of the various parks.

 

With regard to the financial implications of the Bill, we found that it doesn’t create further financial liabilities for the department. As the ANC, we support this Bill. Thank you.

 

Mr G R MORGAN: Chairperson, hon members, Minister, our protected areas are national assets and belong to all the people of South Africa. These protected areas are havens for biodiversity and heritage, both of which have intrinsic value.

 

It is important, at all times, that our parks are well funded, that they create opportunities for wealth creation for people living in and around the parks, and that opportunities to access these parks, particularly for poor communities, are maximised.

 

While attending the People’s Assembly in Mpumalanga last week, the portfolio committee had an opportunity to conduct oversight in the Kruger National Park. I believe it was important for all the members of the committee to see firsthand this important national asset and to understand some of the complexities of running a park.

 

Among other things, we were fortunate to visit the open classroom run by the My Acre of Africa initiative. This unique project provides access to the park for many learners who otherwise would never have had the opportunity to visit the park. The educators teach the children who attend these workshops about the environment and why protecting it is important. I would like to congratulate all the people involved with My Acre of Africa and I wish it every success.

 

Turning specifically to the Bill, the Bill provides for provisions that regulate flight corridors over protected areas. The DA argues that the original proposed provisions were not strict enough as they provided too much discretion to park authorities.

 

Flight corridors and how they are constructed have a fundamental impact on the sense of place of parks. I was happy that an amendment to the Bill was secured which provides for the need for environmental authorisations for flight corridors in terms of section 24 of the National Environmental Management Act to be implemented. This means that the parks will be obliged to use an environmental impact assessment or similar environmental management tool when establishing such corridors.

 

The clause related to provisions for the dissolution of SANParks caused considerable consternation amongst many members of the public who made submissions to the portfolio committee, mainly because it conceivably allowed for national parks to be transferred to private entities.

 

My personal opinion is that there was no malicious intent by the department in its original drafting, as SANParks needed to comply with the Income Tax Act in this regard.

 

I agree, however, that the provisions needed to be strengthened. The committee subsequently amended the clause to reflect that if dissolution occurred, the assets would be transferred to the state or to an equivalent Schedule 3A public entity contemplated in the Public Finance Management Act.

 

For good measure, the committee also added that the winding up should be done by an Act of Parliament. I believe all stakeholders were satisfied with these amendments which reinforce the view that our national parks belong to all South Africans. The DA supports the Bill. [Applause.]

 

Mrs C N Z ZIKALALA: Chairperson, a big part of our country’s appeal is its natural beauty, as well as its unique characteristics. Our nature reserves, national parks, world heritage sites and other protected areas are a key component in the preservation of these assets. They must, therefore, be maintained and managed with the utmost care and consideration so as to ensure the sustainable development of our natural assets.

 

The Bill before us today introduces amendments that will go a long way in achieving this. The expansion of the functions of SANParks is a key feature of this Bill. Its expanded functions mean that it can now manage protected areas which are not national parks, as well as world heritage sites assigned to it. It can also set penalties and enforce traffic rules in such national parks, special nature reserves, protected environments, world heritage sites or other protected areas assigned to it.

 

I am also pleased that provision has been made for SANParks to participate in identified initiatives, as this will increase their exposure and knowledge and give them a chance to share the knowledge that they have. The additional functions are empowering and will no doubt contribute to sustainable development and to protected areas being better managed and preserved.

 

However, we hope that capacity constraints will not hinder the performance and effectiveness of the additional functions which SANParks will be tasked with. The IFP supports the Bill. I thank you.

 

Mr S N SWART: Chairperson, Minister, as was indicated, this Bill seeks to provide a comprehensive list of all national parks and to assign such parks to SANParks.

 

We have studied the Bill. We also understand the concerns expressed by Animal Rights Africa relating to the possible privatisation of our parks and we believe that their fears regarding the disposal of our parks and the disposal of what was termed “family silver” have been allayed.

 

We also see the provision for flight corridors. This clearly is necessary to protect life and the environment; and the management authority will be imposing certain conditions. It is interesting, though, that we notice that clearly the Defence Force and the testing of the South African Air Force aircraft is allowed within identified protected air spaces. One wonders what impact this will have on the environment.

 

We also notice the provision for traffic fines. I did wonder who would be brave enough to man these speed traps in the Kruger National Park, but I understand the rangers are already doing that! So we welcome that provision. The ACDP will, therefore, accordingly support this Bill.

 

Ms S RAJBALLY: Chairperson, this National Environmental Management: Protected Areas Bill could not have come at a better time than in the month that we celebrate and uphold our heritage - in terms of which the protection of our natural environment falls far short.

 

We have a vast variety of flora and fauna and other life forms in our national parks that we, without a doubt, consider to be a national responsibility. In view of the amending Bill, we are pleased that Parliament ensures exactly this.

 

It is unfortunate that poachers still manage to invade these parks and rape our environment of its riches. We also expressed displeasure at the suspension of the ban on the culling of elephants and we do certainly advise the administration of preservation of all life. However, the MF does support the Bill. I thank you.

 

Mr D K MALULEKE: Chairperson, hon members, comrades and friends, the Bill before us today requires reference to the ANC’s broad policy statement contained in our principles of environmental policy. The ANC believes that all citizens of South Africa, present and future, have a right to a safe and healthy environment and a life of wellbeing. The broad objective of our environmental policy will be to fulfil this right. In this context, growth and development within South Africa will be based on the principles of sustainability.

 

The sustainability of our environment undoubtedly depends on a thought-out legislative outcome, which ensures the designation and protection of certain areas as worthy of being excluded from unreasonable exploitation, and should therefore be preserved and, where possible and necessary, be restored to its natural state.

 

Section 24 of the Constitution grants rights to environmental security for every person, including people’s wellbeing and rights to participate and enjoy the benefits of a healthy and well protected environment. This constitutional directive has been enhanced by the implementation of the National Environmental Management Act, Nema, of 1998. This Act also provides mechanisms for the people to participate in decisions and activities that safeguard a healthy environment, upon which the economy depends.

 

The amendment of the Bill is to ensure that the principal Act, the National Environmental Management: Protected Areas Act of 2003, is strengthened in the following manner: to make provision for the Minister to periodically update the schedule of the national parks; to extend the period of time for the inclusion of an area of land into a national park; to provide for the assignment of national parks, special nature reserves and world heritage sites to SANParks; to make provision for flight corridors and permission of the management authority to fly over national parks, special nature reserves and world heritage sites, taking into account the protection of the biodiversity and for public purposes; and to provide for the winding up and dissolution of SANParks for tax purposes, though this dissolution will require a parliamentary approval of a two-thirds majority. The ANC supports the Amendment Bill.

 

The MINISTER OF ENVIRONMENTAL AFFAIRS AND TOURISM: Chairperson, it is very appropriate that we’re dealing with this legislation on the first day of National Parks Week. For the remainder of this week access to most of our national parks, with the exclusion of one or two, will be free of charge to the public.

 

Over the last three years we have invested just over R500 million in our national parks, not only consolidating our conservation estate, but also improving infrastructure. We now have 22 national parks in the country and a conservation estate of 4 million ha.

 

This legislation will help us to better manage our national parks and I would like to thank all hon members and parties for their support.

 

Debate concluded.

 

Bill read a second time.

 

JURISDICTION OF REGIONAL COURTS AMENDMENT BILL

 

(Consideration of Bill)

 

There was no debate.

 

The HOUSE CHAIRPERSON (Mr K O Bapela): I now recognise the Chief Whip of the Majority Party.

 

The CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move:

 

That the Bill, as amended, be passed.

 

Motion agreed to.

 

Bill, as amended, accordingly passed.

 

RENAMING OF HIGH COURTS BILL

 

(Consideration of Bill)

 

There was no debate.

 

The CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move:

 

That the Bill be passed.

 

Motion agreed to.

 

Bill accordingly passed.

 

ROLE OF PARLIAMENTS IN ADVANCING NUCLEAR NONPROLIFERATION AND DISARMAMENT AND SECURING THE ENTRY INTO FORCE OF THE COMPREHENSIVE NUCLEAR TEST-BAN TREATY

 

(Debate on IPU Topic)

 

The HOUSE CHAIRPERSON (Mr K O Bapela): I don’t have a speaker’s list with me so I am not sure who is next. [Laughter.] Thank you. Hon Maloney, I see you are not sitting in your seat, so I didn’t know whether to call you or not.

 

Mrs L MALONEY: Chairperson, the topic we are dealing with today is one of the Inter-Parliamentary Union, IPU, topics. The topic is about disarmament and securing the entry into force of the Comprehensive Nuclear Test-Ban Treaty of which our Parliament is a signatory. This debate is taking place at the right time, when countries are yearning for peace and stability in the world. This treaty we have signed, as a country, aspires to bringing about that reality.

 

We have borrowed this world from future generations. It is, therefore, incumbent on us to make sure that we nurture it and do all that we can in ensuring that future generations do not carry the costs for which we are responsible.

 

As a country, South Africa holds that a state must be allowed to exercise its right to develop atomic energy for peaceful purposes in conformity with articles 1 and 2. Article 1 states that each nuclear weapon state undertakes not to transfer to any recipient nuclear weapons or other nuclear explosive devices and not in any way to assist any non-nuclear weapon state to manufacture or otherwise acquire such weapons or explosive devices.

 

Article 2 states that each non-nuclear weapon state undertakes not to receive from any source nuclear weapons or other nuclear explosive devices, not to manufacture or acquire such weapons or devices and not to receive any assistance in their manufacture.

 

What is the policy around that? A policy affirming the principle that benefits of peaceful applications of nuclear technology, including any technological by-products, which may be derived by the nuclear weapon states from the development of nuclear explosive devices, should be available for peaceful purposes to all parties to the treaty, whether they are a nuclear weapon or non-nuclear weapon state.

 

Our stance, as South Africa, has consistently reiterated the basic and inalienable right of all states to develop atomic energy for peaceful purposes in conformity with Articles 1 and 2, which I have already alluded to, of the Nuclear Non-Proliferation Treaty, NPT. South Africa cannot support any restrictions on the inalienable right of states that fully comply with their obligations under the NPT.

 

While we respect the sovereign right of any state that may decide not to exercise its right, the right to the peaceful application of atomic energy remains an inalienable one.

 

This Parliament is advocating the total ban of enforcement vis-à-vis the partial test ban, which resulted in countries such as North Korea, Iran and India to manipulate that part of the resolution by testing their nuclear weapons in their respective countries. We, therefore, call on the US and other superpower states, eg, Germany, France and others, not to play the role of a referee and a player at the same time.

 

As this Parliament, we are proposing that an impartial body, that is, the IAEA, must be capacitated and more resources must be pumped into that structure to make sure that more power is given to it so that it isn’t just a few individual countries taking control of the situation. I thank you very much. [Applause.]

 

Mr J SELFE: Chairperson, there is something almost surreal about debating the merits of nuclear nonproliferation on a day like today, since the only thermonuclear explosion that threatens South Africa is happening within the governing party! On a more serious note, ever since the discovery of nuclear power, scientists and politicians have realised its twin capacities to do harm or good, to sow destruction or to create prosperity.

 

At the heart of the global debate on nuclear nonproliferation is the simple question of how one allows states to harness nuclear energy for peaceful purposes, while preventing those states from developing weapons of mass destruction. This debate is full of hypocrisy. The five states – the so-called “nuclear weapon states” - are allowed to have weapons of mass destruction. These states, the United States, Russia, Britain, France and China, have some 30 000 nuclear weapons between them.

 

They are allowed to have these weapons simply because they happened to have nuclear weapons before 1968, which is when the text to the Nuclear Non-Proliferation Treaty, the so-called “NPT”, was adopted by the General Assembly of the United Nations.

 

The rest of the world isn’t allowed to have those weapons. However, some states do have them despite not being allowed to have them. These states include India, Pakistan, Israel and North Korea. Other states, notably Iran, may have the capacity to produce such weapons. South Africa is in a class of its own. Between 1979 and 1989, it produced six indigenously developed nuclear weapons and then dismantled these to the satisfaction of the International Atomic Energy Agency and acceded to the NPT in 1991.

 

The use of nuclear power for peaceful purposes is regulated in international law by the NPT. Article 4 gives all states, and I quote -

 

... the inalienable right ... to develop research, production and use of nuclear energy for peaceful purposes without discrimination and in conformity with articles I and II of this Treaty.

 

In other words, the NPT allows states to enrich uranium or produce plutonium and to construct facilities to generate nuclear power, provided such facilities are open to inspection by the IAEA and the IAEA is also provided with information about the location and capacities of nuclear weapons at the disposal of the nuclear weapon states. This is how it’s supposed to work in theory.

 

The practice is far more complex. The development of nuclear technologies is so rapid that it is difficult to police all such developments. It is relatively easy to further enrich uranium used to generate power to the stage where it can be used for destruction purposes. The states can obstruct the IAEA inspectors or hide their facilities from inspection.

 

More complex still is the situation of the weapon states that are not part of the NPT, such as India, Pakistan, Israel and North Korea. Such states should, theoretically, be sanctioned but this happens inconsistently, usually because of other political or strategic reasons, notably being the allies of the United States in the war against terror.

 

Likewise, nonstates, such as terrorist organisations, could very easily acquire weapons. Some have come close to acquiring this capacity in the past, but the biggest challenge of all lies in the progress towards disarmament. While some states have the capacity for nuclear weapons, other states will want to protect themselves and will want to acquire similar or even more destructive weapons in order to do so.

 

At the 2000 Review Conference of the NPT, it seemed as if, at last, solid progress was being made towards the goal of disarmament. The Final Document, adopted at the conclusion of the conference, included an unequivocal undertaking by the five nuclear weapon states to accomplish the total elimination of their nuclear arsenals, which could then lead to nuclear disarmament.

 

Regrettably, the Bush administration subsequently withdrew its support for key aspects of the undertaking and the continued bellicose attitudes of both the US and Russia have set back this goal. Indeed, the 2005 NPT Review Conference was unable to adopt any agreement at all.

 

The progress towards disarmament will greatly be facilitated by the implementation of the Comprehensive Nuclear Test-Ban Treaty, the so-called “CTBT”. It is very difficult to produce new armaments if the states are prohibited from testing them. The early entry into force of this treaty and a moratorium on nuclear testing, pending the entry into force of the treaty, were some of the practical steps that South Africa, as one of the member states of the New Agenda Coalition, suggested at, and which were adopted by, the 2000 NPT Review Conference.

 

South Africa has both signed and acceded to the CTBT, but unfortunately not all SADC states have done so. Angola, Malawi, Mozambique, Swaziland, Zimbabwe and Mauritius have still to accede to the treaty. One of the practical things that this Parliament can do to advance the entry into force of the CTBT is to raise this matter pertinently at the SADC Parliamentary Forum.

 

Maintaining and increasing international control over fissile material and the specialised devices needed to build nuclear armaments remains an elusive goal. Despite the fact that the NPT has more party states than any other arms control treaty, its success in lowering the threat of a thermonuclear meltdown has been patchy. It has failed to control states that simply ignore the treaty or those states that have opaque nuclear development programmes.

 

There are sharp disagreements on the principle of irreversibility, with respect to nuclear disarmament measures, on strengthening compliance enforcement and export controls and on limiting the transfer of nuclear fuel cycle technologies. These difficulties and disagreements need, however, to be assessed in terms of the alternative, which is a world held hostage by weapons that can cause so much devastation to the future of humankind as a whole that we will simply not be able to live on this planet. We have no option. We must, as parliaments and governments, continue to find one another in the goal of nuclear disarmament. I thank you. [Applause.]

 

Mr J H VAN DER MERWE: Chairperson, the IFP welcomes this debate on a crucially important international issue which threatens mankind as a whole. Nuclear weapons represent the most deadly force on earth, with the potential to destroy whole cities and nations, exterminating hundreds of millions of human beings.

 

During World War II, the Americans destroyed the Japanese cities of Hiroshima and Nagasaki, which brought that war to an end. After that, more and more countries developed nuclear weapons as a means of deterring their enemies from acts of aggression. The perverse doctrine of Mutually-Assured Destruction, Mad, kept the major powers from using nuclear weapons during the Cold War, whilst other countries such as India, Pakistan and even South Africa joined the nuclear club from the 1970s onwards.

 

The end of the Cold War and the break-up of the Soviet Union led to a more dangerous world as unpredictable countries such as North Korea also raced to acquire the Bomb. The power of having nuclear weapons and their deterrent effect have meant that voluntary disarmament has not had much success. Only South Africa voluntarily dismantled its nuclear weapons, while it took hard sanctions to convince the North Koreans and Libyans to stop weapon development.

 

Nuclear proliferation is continuing as it is thought that even Syria is seeking nuclear weapons, perhaps with the help of the North Koreans. As showed by recent arrests and convictions, a thriving black market exists for nuclear components. Although Iran strongly denies that it is looking to developing nuclear weapons, that country’s nuclear programme is viewed with great unease and suspicion in the West.

 

What should parliamentarians do to advance nuclear disarmament and nonproliferation? In my view, there are at least four steps that parliaments could take. Firstly, in democratic systems where there is a separation of powers, parliaments could hold their executive to account for its policies, vis-à-vis nuclear development and nuclear energy used, as well as their obligations in terms of international treaties.

 

Secondly, they could and should support the work of the International Atomic Energy Agency that has been charged with advancing nonproliferation through inspections and certification.

 

Thirdly, they should keep nuclear disarmament and nonproliferation high on their agendas by debating those issues regularly; and fourthly, they should co-operate in forums such as the International Parliamentary Union and others to present a unified front against nuclear weapons development and in favour of disarmament.

 

Nuclear power could be harnessed peacefully for electricity-generation. It presents humankind with a source of clean energy that would limit carbon emissions and address global warming. But, as parliamentarians, we should remain vigilant and constantly be careful about nuclear arms development and proliferation. That should be our duty to the people who elected us and to mankind. [Applause.]

 

Mr G T MADIKIZA: Chairperson, ladies and gentlemen, the advent of nuclear weapons has fundamentally shifted international relations. Nuclear weapons were used to end the Second World War. They also ushered in the Cold War era and the politics of “might makes right”. Not a single life on this planet was unaffected by the brutal politics inspired by nuclear might.

 

Under this constant threat of a nuclear holocaust, the lives of ordinary people even in democracies were often governed, not by the parliaments they elected, but the considerations and agendas of the two super powers. The decades of intrigue and proxy warfare that happened during the Cold War era led to a number of states pursuing their own warfare capacity.

 

Proliferation of nuclear weapons made the world even less safe and inspired others to also acquire this ultimate deterrent. As long as the US and USSR remained locked in a race to build new and bigger nuclear weapons and stronger missiles to deliver them, the less credibility there was for any attempt to prevent proliferation among other states.

 

Eventually the super powers acknowledged the futility and madness of the nuclear arms race and the complex negotiations for stockpile reductions commenced. Alas, this came after several other states had also acquired this terrible technology. South Africa has been the only country to date which has voluntarily abandoned the nuclear warfare programme and dismantled its existing stockpiles.

 

The good news is that the majority of nuclear states have elected parliaments. They include countries such as the US, Russia, UK, France, India, Pakistan and Israel, whilst countries such as China are moving more towards more democratic and accountable forms of governance. Therefore it is imperative that we encourage them to reduce their stockpiles and cease further testing. I thank you. [Applause.]

 

Mrs C DUDLEY: Chairperson, the following extract taken from No Immediate Danger, Prognosis for a Radioactive Earth, written by biostatistician, Rosalie Bertelie, would, I hope, help us as we consider the role of Parliament in advancing nuclear nonproliferation and disarmament and securing the entry into force of the Comprehensive Nuclear Test-Ban Treaty.

 

In the dim light of a hospital room, seven-year-old Jimmy was remembering the day on which he was told that he had leukaemia. He remembered his mother’s tears, his father’s bewildered anger, and the alien feeling of the hospital environment. Then his mind replayed the nausea, the diarrhoea caused by radiation and chemotherapy, his hair falling out and kids laughing at him. Jimmy died gently, exhausted from having lost so much blood. His tissue had broken down completely, and he was bleeding from every opening in his body. His bed looked like a battlefield.

 

Jimmy’s story is just one of hundreds of thousands of similar stories related to the nuclear age. Radiation released from every step of the nuclear weapons production cycle and in the testing of the nuclear weapons, has spread mostly unnoticed and insidiously around the globe. Radioactivity has leaked into the environment from underground nuclear tests; large areas of land are uninhabitable as a result of atmospheric and underground nuclear testing; and indigenous people, their children and their children’s health and livelihoods have been affected by nuclear weapons tests.

 

The radiation we are talking about causes congenital defects, mental retardation, immune destruction, cancer, stillbirths and other health problems. It is also responsible for environmental problems. With this in mind, the Comprehensive Nuclear Test-Ban Treaty, CTBT, was established. This forbids nuclear weapons test explosions and any other nuclear explosions. It aims at eliminating nuclear weapons by constraining the development and qualitative improvement of new and more advanced nuclear weapons.

 

Nuclear weapons production, testing, possession, deployment, clean-up, and containment of radioactive products are extremely dangerous and hazardous to both the environment and the human race. Clearly parliaments have a responsibility and a role to play in ensuring that people and nations are protected, by constraining and prohibiting the production of nuclear weapons. I thank you.

 

Ms S RAJBALLY: Chairperson, the MF is of the understanding that the SA government is set to invest R4 million in talks on nuclear energy in the country. We are of the opinion that if this has been considered by the executive, then it would be with good reason and in consideration of our international responsibilities and agreements.

 

The term “nuclear” always had adverse effects because of thoughts of its uses and side effects. It has been proven that, in many instances, nuclear energy had and has effects on community health and is a detrimental threat in war. However, we are eager to see what the environmental impact assessment report and the specialist studies of the proposed pebble bed modular reactor, PBMR, demonstration plant in Koeberg has to show on this matter.

 

However, the MF sees no harm in engaging in talks on nuclear energy. In the report drafted by Eskom on the new conventional nuclear power station, it has been said that, and I quote:

 

Nuclear power emits proportionately the same quantity of greenhouse gases as renewable energy forms like wind and solar power, and only a hundredth of the average emissions of power that has been generated by coal, oil and natural gas.

 

It has further been indicated that nuclear power has the potential to make substantial contributions to sustainable development and a significant contribution to reducing South Africa’s gas emissions. In view of this and our international commitment to tackle the problems of our ozone layer, the MF feels confident in our considering nuclear energy and opening the debate on its pros and cons.

 

The MF would be very interested in exploring every avenue that could contribute to a better life for our people and the development of South Africa.

 

Mr E N N NGCOBO: Chairperson, hon Ministers and hon members, I stand here before you to debate the role of Parliament in advancing nuclear nonproliferation and disarmament, and securing the entry into force of the Comprehensive Nuclear Test-Ban Treaty, CTBT.

 

The history of the CTBT can be traced back to the early fifties, when public concern was roused as a result of radioactive fallout from the atmosphere, owing to nuclear testing and the escalating arms race. Over 50 explosions were registered between 16 July 1945 and 31 December 1953, when the first nuclear explosive test was conducted by the United States at Alamogordo in New Mexico.

 

It was in 1954 that Prime Minister Nehru of India voiced the heightened international concern and proposed the elimination of all nuclear test explosions worldwide. However, within the context of the Cold War atmosphere at the time, scepticism in the capability to verify compliance with the CTBT posed a major obstacle to any agreement. It was only in 1963 that limited success was achieved with the signing of the Partial Test-Ban Treaty, which banned nuclear tests in the atmosphere, under water and in space.

 

However, even at this partial level of nuclear test banning, France and China never signed the agreement. A major step towards nonproliferation of nuclear weapons was subsequently achieved with the signing of the Nuclear Non-Proliferation Treaty in 1968.

 

Under the Nuclear Non-Proliferation Treaty of 1968, nonnuclear weapon states were prohibited from, inter alia, possessing, manufacturing or acquiring nuclear weapons or other nuclear explosive devices. All signatories, including nuclear weapon states, were committed to the goal of total nuclear disarmament.

 

It is interesting to note at this juncture that it was almost about the same time, in 1965, that the United States decided to provide the apartheid regime in the Republic of South Africa with the Safari Research Reactor that is being used today at Pelindaba. This gave the apartheid regime the power to develop six of the seven nuclear devices that it sought to use as what it termed “a nuclear deterrent strategy” based on nuclear terror against the so-called “forces of communism” advancing on its northern borders.

 

However, it did not end there; in 1977, the US observed the nuclear test explosion conducted by the apartheid regime around the South Pole, south of Cape Town. This test was played down by the US government.

 

On 13 October 1999, the US openly rejected the ratification of the CTBT and dealt a blow to this effort that was first proposed by the then Prime Minister of India in 1954 and followed up by all parties to the Partial Test-Ban Treaty in 1993, with strong support from the UN General Assembly.

 

It was only in 1996 that the CTBT draft was finalised with its two annexes, albeit without a consensus on the adoption of the text being reached. This was after Australia decided to send the text to the UN General Assembly in New York where it was submitted as a draft resolution.

 

On 10 September 1996, the treaty was finally adopted by a large majority, comprising more than two thirds of member states in the UN General Assembly. The US has finally signed the treaty, but without ratifying it.

 

An ongoing debate on the treaty is that, if the US succeeds in ratifying the treaty, this would lead, firstly, to an international norm that would push other nuclear-capable countries such as Pakistan, India, North Korea, etc, to sign. Secondly, it would not compromise US national security because the science-based Stockpile Stewardship Programme serves as a means of maintaining current US nuclear capabilities without physical detonation.

 

Thirdly, it would lead to constraining worldwide nuclear proliferation by vastly limiting a country’s ability to make nuclear arms that only such testing can ensure.

 

In terms of the monitoring of the CTBT, the existing variety of technology is to be used to monitor compliance with the treaty. This includes seismology, hydroacoustics, infrasound as well as radionuclide monitoring. Such technologies are used to monitor the underground waters and the atmosphere for any sign of a nuclear explosion.

 

An aggressive approach must, therefore, be sought through instruments such as the IPU and regional and continental blocs of the globe to force reluctant nuclear powers to ratify the treaty in support of the efforts that have so far been developed by the Preparatory Commission for the Comprehensive Nuclear Test-Ban Treaty Organisation. This is an international body based in Vienna, created to build a verification regime. Its duties include the establishment and provisional operation of the network of monitoring stations, the creation of an international data centre and the development of on-site inspection capabilities.

 

As we speak, 337 facilities of the monitoring network have been established and allocated all over the globe by this commission. By January 2008, almost 70% of such facilities were already operational for this purpose. I thank you. [Applause.]

Debate concluded.

 

The House adjourned at 16:34.

__________

 

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

 

FRIDAY, 22 AUGUST 2008

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1. The Minister for Public Enterprises

 

1. Report and Financial Statements of Eskom Holdings Limited for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.

 

1. The Minister of Labour

 

1. Report and Financial Statements of Agriculture Sector Education and Training Authority for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 67-2008].

 

1. Report and Financial Statements of the Finance, Accounting, Management Consulting and other Financial Services Sector Education and Training Authority for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 74-2008].

 

COMMITTEE REPORTS

 

National Assembly

 

CREDA INSERT REPORTS - T080822e-insert1 PAGES 1594-1621

 

MONDAY, 25 AUGUST 2008

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1. The Minister of Finance

 

(a)     Local Government Budgets and Expenditure Review (2008), 2003/04 - 2009/10 [RP 113-2008].

 

1. The Minister of Labour

 

1. Report and Financial Statements of Productivity SA for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.

 

1. Report and Financial Statements Clothing, Textiles, Footwear and Leather Sector Education and Training Authority (CTFL-Seta) for 2007-2008, including the Report of the Auditor-General on the Financial Statements for 2007-2008 [RP 70-2008].

 

1. Report and Financial Statements of the Banking Sector Education and Training Authority (Bank-Seta) for 2007-2008, including the Report of the Auditor-General on the Financial Statements for 2007-2008 [RP 68-2008].

 

1. The Minister of Environmental Affairs and Tourism

 

1. 2007-2008 Yearly Report to Parliament in terms of section 26(1) of the National Environmental Management Act (NEMA), 1998 (Act No 107 of 1998).

 

1. 2005-2006 Yearly Report to Parliament in terms of section 26(1) of the National Environmental Management Act (NEMA), 1998 (Act No 107 of 1998).

 

National Assembly

 

1. The Speaker

 

(a)     The President of the Republic submitted the following letter dated 31 July 2008 to the Speaker of the National Assembly informing Members of the Assembly of the employment of the South African National Defence Force in Uganda, for service in fulfilment of the International Obligations of the Republic of South Africa towards the Republic of Uganda:

 

EMPLOYMENT OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE IN UGANDA, FOR SERVICE IN FULFILMENT OF THE INTERNATIONAL OBLIGATIONS OF THE REPUBLIC OF SOUTH AFRICA TOWARDS THE REPUBLIC OF UGANDA

 

This serves to inform the National Assembly that I have authorised the employment of the South African National Defence Force (SANDF) personnel Uganda, in fulfilment of the international obligations of the Republic of South Africa towards the Republic of Uganda, to provide technical assistance in the destruction of explosives and ammunition.

 

This employment was authorised in accordance with the provisions of section 201(2)(c) of the Constitution of the Republic of South Africa, 1996, read with section 93 of the Defence Act, 2002 (Act No 42 of 2002).

 

A total of seven (7) SANDF members were employed as from 15 July 2008 to 30 November 2008 to assist in the destruction of explosives and ammunition in Uganda.

 

I will communicate this report to members of the National Council of Provinces, and wish to request that you bring the contents hereof to the attention of the National Assembly.

 

Yours Sincerely,

 

signed

TM Mbeki

 

WEDNESDAY, 27 AUGUST 2008

 

ANNOUNCEMENTS

 

National Assembly and National Council of Provinces

 

The Speaker and the Chairperson

 

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

 

(1)     The JTM in terms of Joint Rule 160(3) classified the following Bill as a section 75 Bill:

 

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

National Assembly

 

The Speaker

 

1.      Membership of Committees

 

         The following changes have been made to the membership of Committees:

 

Portfolio Committee on Communications

 

Alternate:                                  Morutoa, Ms MR

 

Portfolio Committee on Defence

 

Appointed:                    Koornhof, Mr GW

 

Alternate:                      Schoeman, Dr EA

 

Discharged:                  Fazzie, Mr MH

 

Portfolio Committee on Foreign Affairs: Sub-Committee on International Affairs

 

Appointed:                    Jacob, Mr AC

 

Discharged:                  Njobe, Ms MAA

 

Portfolio Committee on Home Affairs

 

Appointed:                    Jacob, Mr AC

 

Discharged:                  Motlanthe, Mr KP

 

Portfolio Committee on Justice and Constitutional Development

Appointed:                    Ngaleka, Ms E

 

Discharged:                  Ndzanga, Ms R

 

Portfolio Committee on Provincial and Local Government

 

Appointed:                    Nash, Mr J

 

Portfolio Committee on Public Enterprises

 

Appointed:                    Hendrickse, Mr PAC

 

Portfolio Committee on Public Works

 

Appointed:                    Nyembe, Mr KKM

 

Discharged:                   Gogotya, Mr NJ

Portfolio Committee on Social Development

 

Appointed:                    Fazzie, Mr MH

 

Discharged:                  Koornhof, Mr GW

 

Portfolio Committee on Water Affairs and Forestry

 

Alternate:                                  Zulu, Mr BZ

 

Joint Budget Committee

 

Appointed:                    Mkongi, Mr BM

 

Joint Constitutional Review

 

Appointed:                    Nash, Mr J

 

Discharged:                  Ndzanga, Ms R

 

Standing Committee on Public Accounts

 

Appointed:                    Gumede, Mr DM

 

Discharged:                  Nene, Mr J

Committee on Private Members’ Legislative Proposals and Special Petitions

 

Appointed:                    Gogotya, Mr NJ

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1. The Minister of Labour

 

1. Report and Financial Statements of the Insurance Sector Education and Training Authority (Inseta) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 79-2008].

 

(b)      Report and Financial Statements of the Safety and Security Sector Education and Training Authority (SAS-Seta) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 84-2008].

 

1. Report and Financial Statements of the Manufacturing, Engineering and Related Services Sector Education and Training Authority (MER-Seta) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 82-2008].

 

1. Report and Financial Statements of the Forest Industries Education and Training Authority (FIETA) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 76-2008].

 

1. Report and Financial Statements of Department of Labour – Vote 16 for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 and the Report of the Auditor-General on the Financial Statements and Performance Information of the Sheltered Employment Factories for 2007-2008 [RP 60-2008].

 

1. Report and Financial Statements of Umsobomvu Youth Fund for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.

 

1. Report and Financial Statements of Transport Education and Training Authority for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 87-2008].

 

1. Report and Financial Statements of Services Sector Education and Training Authority for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 88-2008].

 

1. Report and Financial Statements of Mining Qualifications Authority for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 86-2008].

 

1. Report and Financial Statements of the Food and Beverages Manufacturing Industry Sector Education and Training Authority for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 75-2008].

 

1. Report and Financial Statements of the Wholesale and Retail Sector Education and Training Authority for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 88-2008].

 

1. The Minister for Public Enterprises

Report and Financial Statements of Alexkor for 2007-2008, including the Report of the Independent Auditors for 2007-2008.

 

1. The Minister of Environmental Affairs and Tourism

 

1. Government Notice No 808 published in the Government Gazette No 31281 dated 1 August 2008: Intention to declare certain land situated in the Harrismith and Bethlehem Registration Division, Free State Area as part of the Golden Gate Highlands National Park, made in terms of section 33(1)(a) of the National Environment: Protected Areas Act, 2003 (Act No 57 of 2003).

 

1. Government Notice No 835 published in the Government Gazette No 31301 dated 8 August 2008: National Moratorium on the trade of individual Rhinoceros Horns within South Africa, made in terms of section 57(2) of the National Environment: Biodiversity Act, 2004 (Act No 10 of 2004).

 

1. Report and Financial Statements of the Isimangaliso Wetland Park Authority for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 and the Report of the Auditor-General on the Financial Statements and Performance Information of the  People and Parks Development for 2007-2008.

 

COMMITTEE REPORTS

 

National Assembly

1. Draft Report of the Portfolio Committee on Education on its Strategic Workshop with the Department of Education on 9 – 11 March 2008 at Villa Via Hotel in Gordon’s Bay:

 

1.         Background:

 

The management of the committee, having conducted a number of meetings, undertook a decision to conduct a three-day strategic workshop with the Department of Education which included three guest speakers.

 

The strategic planning workshop intended to achieve the following objectives:

• To obtain a deeper understanding of the key challenges confronting our education system in the provision of quality education as well opportunities that can be exploited.
• To obtain deeper understanding of the new model of parliamentary oversight and accountability in order to improve the quality of the Committee’s work.
• To identify key strategic issues to be factored in the development of the committee’s programme.
• To identify relevant sub-themes and activities for the purpose of developing a programme of action that would promote the provisioning of quality education.

 

2.         Delegation:

The delegation constituted a multi-party delegation of the Committee. The delegation was led by the Chairperson of the Committee, Prof S M Mayatula (ANC) accompanied by Adv A Gaum (ANC), Ms P Mashangoane (ANC), Ms J Matsomela (ANC), Ms V Mentor (ANC), Mr G Mosala (ANC), Mr B Mthembu (ANC), Mr R Ntuli (ANC), Mr R van den Heever (ANC), Mr G Boinamo (DA), Ms D van der Walt (DA), and Ms C Dudley (ACDP).

The support staff of the Committee consisted of:

 

Mr A Kabingesi (Committee Secretary), Mr A Mphunga (Committee Researcher) and Ms N Mxinwa (Party Researcher).

 

The three special guest speakers consisted of:

Prof P Christie (Cape Peninsula University of Technology, CPUT), Prof C De la Rey (University of Cape Town, UCT) and Hon. O. Bapela, MP (House Chairperson, Parliament).

 

The Department of Education was presented by:

Dr C Madiba, Chief Financial Officer: Strategic Planning, Dr M Mulchany, Special Advisor: Ministry of Education, Mr D Ngobeni, Director: Director-General’s Office, Dr W Makgalanchenche, Director Strategic: Planning, Mr D Hindle, Director- General: Department of Education and Mr E Surty, Deputy Minister: Department of Education.

 

3.         Findings:

The following formed part of the key findings:

• The Quality Improvement and Development Programme (QIDSUP) by the department has been a good example to redress inequality in schools.
• The provincial education departments do not comply with national norms and standards set by the national department.
• There is a need to look at education through the “Backward Mapping Approach”.
• It was discovered that the department does not provide the Committee with performance and quarterly reports as it is supposed to.
• The new Oversight Model will enhance the ability of Members to do oversight and it will also enhance the ability of the Committee to exercise its legislative authority over the executive more effectively.
• The way the committee operates currently has to be reviewed.
• The authority of the Committee has not been recognised as it should by the Executive.

 

4.         Opening and Welcome

The Chairperson welcomed all Members and special guests to the Workshop. He informed them that the workshop was a wonderful opportunity for the Members of the committee to debate important issues that affect the Committee and come up with solid recommendations for the way forward of the committee. The objective of the session as follows.

• Education and Health have been prioritised as the mainstream of government in the post-Polokwane conference.
• The committee would highlight its priorities for the year.
• The committee will monitor and prioritise the main priorities of the department.
• The committee will gain an insight into education from different perspectives.
• The committee will observe broadly what is happening in regard to the laws that have been passed.

 

5.         Presentations:

 

5.1 Towards the Provision of Quality Education for all in the Second Decade of Freedom and Democracy, presentation by Prof Christie:

 

Prof Christie’s presentation was based on the following outlines:

• Changing education systems
• What does quality education entail?
• What are some of South Africa’s achievements in the First Decade?
• What are some of the challenges facing South Africa in the Second Decade?
• Some considerations in planning for quality education for all in the Second Decade.

 

Prof Christie began the presentation by highlighting the importance of a good policy. She indicated that creating a good policy will bring good changes to the ground. However, it is not easy to achieve that since the education system is multi layered and complex. The biggest challenge of policy makers is the lack of understanding of the reality in schools, and without this knowledge it is not possible to develop a good policy. An example of Elmore’s “Backward Mapping Approach” was given as an example that could be used to develop good policies. Interaction between students and teachers in the classroom forms the basis of what quality education entails. In learning outcomes it was highlighted that, schools are accountable for the results they produce. However, this depends on the district’s capacity and accountability. In some schools there are teachers who cannot teach which blocks the whole system and affects the ability of students to learn.

 

Achievements in the First Decade:

• More equitable distribution of state resources, e.g “No-Fee School”
• Redesigned and restructured system
• More access to schools
• Improvements to school provisioning
• Moving towards achieving Education For All (EFA) goals.

 

Challenges in the Second Decade:

• Persistent inequalities, different rates of progress through the system.
• Instances of poor quality in the Trends in International Mathematics and Science Study (TIMMS) test South Africa came last and in the United Nations Educational and Scientific Cultural Organization (UNESCO) survey South Africa ended on 30% below Senegal.
• Senior Certificate results of the country are not improving
• Big difference between urban and rural systematic tests.

 

Consideration in making quality education for all:

• Ensure supply of well-remunerated teachers
• Need to do well in Maths and Science
• Recognise one size does not fit all
• Set realistic policies for schools
• Adopt a backward mapping approach.

 

The following formed part of the discussion:

• It emerged that the issue of mother tongue language is very important and that teachers needed to emphasis its use. How do teachers ensure that there is quality education in the classrooms? What are the measures in place to get rid of bad teachers?
• A concern was raised about the issue of teenage pregnancy in schools. Did the country have plans to reduce this problem in high schools?
• What is the role of parents in schools in relation to teenage pregnancy?
• Mozambique has a high literacy rate than South Africa. Most South African students cannot read well and the dropout rate in schools is very high. To address this more support mechanisms are required.

Responses:

• The mother tongue issue is associated with education and politics. There will be no choice in future for teachers to teach in the mother tongue of learners where it is required. In monitoring the system, it is dangerous that we do not have inspectors. The new Occupation Specific Dispensation (OSD) will definitely benefit good teachers who will provide quality education.
• Research shows that teenage pregnancy is not spread as result of the child support grant. In combating this problem, parents play a crucial role in educating their children about this issue.
• Parents have a major role in protecting the schools. If the school does not have a good parental relationship, it will be vandalized.
• There is no quality system without good results. The country has many teachers who cannot teach the New Curriculum. The current budget is not a problem, but capacity is the main problem.

 

5.2 South African Higher Education - Challenges and Opportunities, presentation by Prof De la Rey:

Professor C De la Rey welcomed the opportunity to present to the Committee. The committee congratulated on her for appointment as the new Chief Executive Office (CEO) of the Council on Higher Education (CHE). Her presentation focused on the following key issues:

• National Plan for Higher Education
• OECD Review
• SWOT Analysis of Higher Education
• Key challenges
• Role of Council of Higher Education (CHE).

One of the main issues in the National Plan for Higher Education is the re-engineering of the Higher Education system. In addition, equity of access is another critical issue that was highlighted. Steering mechanisms such as funding, planning and quality assurance needed to be taken seriously. The higher education system was a building block of any education system in a country. Research shows that South Africa produces very low amount of PhD graduates as compared to other middle-income countries. However, it was highlighted that there was a need to focus more on Maths and Science as well as increasing research capacity in higher education. Another critical issue is the need to invest more funds in Higher Education.

SWOT Analysis of Higher Education:

 

1. Strengths:
   • Improved level of education
   • Infrastructure is a legitimate concern in the country
   • Our institutions have pockets of efficiency and excellence
   • There are number of recent improvements in Higher Education that can be pointed.

 

1. Weakness:

• Failure in management of higher education institutions is a major concern
• The country is experiencing a high rate of  unemployed graduates
• There is a high drop-out rate and low through put in higher education istitutions
• Skewed research output.

 

1. Opportunities:

• South Africa’s education system has a good international standard and recognition, e.g  the University of Cape Town (UCT) is among the top Universities in the world
• The country’s economic growth is fairly stable
• Introduction of internship programmes to give graduates the opportunity to be employed.

 

1. Threats:

• There is a lack of co-ordination in higher education institutions
• Reality of student life in our residences is not pleasing at all
• Inability to produce skilled labour.

 

Key challenges:

• There is a need to review the National Plan and Institutions should have a longer term plan for education. e.g Japan has a 100 years term plan for education.
• Not enough school learners go to higher education institutions because of socio economic- dynamics
• Internationalisation of our higher education institutions is  inactive.

 

Role of CHE:

• Providing considered advice based on evidence and expert opinion
• Quality assurance
• Information gathering and dissemination
• Posing questions, facilitating debate
• Preparing independent reports on system performance against policy objectives.

 

The following formed part of the discussion:

• The country has a skills shortage. What are the challenges and what can be done to solve this problem?
• What is being done with unemployed graduates?
• The issue of public confidence cannot be handled by higher education institutions only. HEI’s do not look at leadership dynamics and communities that are around them.
• How do you promote a person to be a professor?
• In relation to international standards, how do you measure international institutions with the country’s institutions?
• What mechanisms are in place to reduce high drop-out rate in higher education institutions?
• In relation to failures and gaps in governance, what is being done about the misuse of the mandate of the SRC in our HEI’s?
• How do we deal with issues of equity and equality?
• Does NSFAS contribute the to high drop-out rate in HEI’s?

 

Responses:

• Te country is not producing enough graduates with special skills in key areas such as Maths and Science. Another major challenge is that the few skilled people that the country produces leave in search of greener pastures overseas. Chemical Engineering has been an example of success in the country. The problem is the lack of capacity in our system.
• There is no institution in the country that has a problem of unemployable graduates. The Council of Higher Education has a monitoring policy tool to track the employability of graduates.
• Community engagement with HEI’s is a key element. However, the reality is that there is not a good relationship between HEI’s and the communities that surround them.
• International standards can be measured in many ways. Ranking systems can somehow be biased.
• In order for one to be promoted as a professor, a number of aspects are considered. Firstly, the academic performance of an individual plays a major role.
• Student leaderships often push management to make wrong decisions. All SRC in HEI’s have separate budgets allocated to them. Most of the management of these SRC are often greedy for money, and as a result accept sponsorships promoting alcohol within the institution.
• Equity is a challenge in the country. However co-operation is the key to solve this problem.
• National Student Financial Aid Scheme is a very good financial aid scheme. However, the scheme’s criterion is missing an important income group, where both parents are working but unable to pay the required funds by the institutions.  The lifestyle of students is very expensive and it is often a problem for those students who cannot afford it.

Day 2:

5.3 Presentation on the Draft New Model of Oversight by Hon. Bapela MP:

Hon Bapela indicated that the New Model was still a draft and was to be finalised by the task team the following Wednesday.

His presentation focused on the following key issues:

• Legislation
• Oversight and Accountability
• Public Participation
• International Forum.

Since 1994, Parliament has done considerable work in passing legislation. Parliament passed about 100 pieces of legislation per year.  Research shows that legislation that has been coming to Parliament in the past five years has declined as compared with previous years.

 

In defining oversight Hon Bapela mentioned that it is a constitutionally mandated function of the legislative organs of state to scrutinise executive action. Parliament has a legislative power of action over the Executive. This means that Parliament can summon anyone to appear before and report to it as a way of exercising its authority. Committees of Parliament were designed in a manner to observe and scrutinise executive action. The Inter-Parliamentary Union’s studies the show South African Parliament as the leader in terms of oversight.

 

The Committee was informed that it is not only Parliament that conducts oversight over the Executive and also other bodies like the Auditor-General and the Chapter 9 institutions. On the absence of legislation to regulate the financial administration of Parliament, Parliament is also accountable to the Committee on Public Accounts. The President is questioned by Parliament, unlike in Ghana, where no one has the authority to question the President. This means that Parliament, regardless of its enormous powers, is accountable.

 

Public participation forms part of the key role of Parliament. Parliament is the voice of the people; therefore it is a representative of all people of the country. The public is regularly invited to make submissions before legislation can be passed. All laws made in Parliament are passed with the mission to ensure a better life for all citizens.

 

Parliament participates in international forums. This means that it does not operate in isolation.  It has partnerships with other international legislative bodies. The importance of international forums is that Members have an opportunity to share their political experiences with other international stakeholders. Parliament will be hosting the Inter-Parliamentary Union (IPU) on 13 – 18 April 2008, a good example of an international forum.

 

The following formed part of the discussion:

• International participation is critical in our constitution. However, some Members representing Parliament in international forums do not submit reports.
• The issue of oversight in our constituency is a problem. Members are often told to ask for permission before conducting oversight. What is being done to improve this?
• There is a problem with regard to power relations between Parliament and the Executive. Committees are often taken lightly by most cepartments. What can be done to solve this problem?
• The issue of Member’s training is compulsory.  What is the significance of the training?

 

Responses:

• It is a responsibility of a Member to bring a report of the conference or international forum that he/she participated in before the House for debate.
• There is a lack of space in Parliament. However, construction opposite the 90 Plein Street Building is taking place for the development of the new Chamber. The 120 Plein Street Building will belong to Parliament soon.
• The new model does not require Members of Parliament to apply for permission before conducting oversight visits. However, the model requires that a surprise visit not disrupt activities of a place.
• Parliament has been undermined by the executive and there is a need for committees to exercise their legislative power over the departments.
• Training of Members will empower Members to engage substantially in presentations.

 

5.4 Department of Education’s Annual Programme Review:

Dr Chris Madiba, Chief Financial Officer (CFO) in Strategic Planning handled the presentation. He apologised on behalf of the Director General Mr D Hindle, who was attending an important meeting with the Minister. His presentation focused on four broad priorities namely:

 

• Dealing with poverty
• Skills development
• Review of the National Qualifications Framework
• Quality improvement

 

1. Dealing with poverty
   • The declaration of “No Fee Schools” has been a major achievement by the department in combating poverty especially in poor schools. Schools in quintiles 1, 2, and some schools in quintile 3 have been declared “No Fee Schools”. Approximately 6 million learners are benefiting from this initiative.
   • The National Schools Nutrition Plan (NSNP) ahs also contributed to combating poverty. The department has set aside a budget of R1, 152 billion to feed poor schools. The department is planning to extend this programme to include secondary schools.
   • The department established the FET Colleges Bursary Scheme to assist learners, especially from poor communities, and to access quality skills programmes in Further Education and Training Colleges.

 

1. Skills Development

• The National Human Resource Development (NHRD) plan of the Department of Education and the Department of Labour has been a progressive plan to improve skills development. The implementation of the National Teacher Framework (NTF) on teacher education and development is another good example of progress made by the department.
• The Fundza Lushaka Teacher Bursary was introduced to increase the capacity of teachers in the education system.
• The Khari Gude Mass Literacy Campaign and the Adult Basic Education and Training (ABET) have been implemented to address illiterate adults. The cepartment has appointed a new chief executive officer (CEO) to advocate the Mass Literacy Campaign.

1. Review of the National Qualifications Framework (NQF)

• The new policy on Higher Education Qualifications Framework (HQEF) has been approved.
• The Council of Higher Education (CHE) has considered the National Qualifications Framework (NQF) Bill.

 

1. Quality Improvement:

• The department has a partnership with the Department of Water Affairs and Forestry (DWAF) to ensure supply of water and sanitation to schools.
• The department has been on a mission to get rid of mud schools in rural areas through its infrastructure development initiative.
• The implementation of the Integrated Quality Management System (IQMS) has been strengthened to assess and improve skills of teachers.
• The department is also implementing the National Education Infrastructure Management System that will give information about the status of schools.

 

5.5 Presentation on the Strategic Plan 2008-2011 & Budget and Operational Plans 2008-2009:

Dr Chris Madiba, the Chief Financial Officer (CFO), in Strategic Planning handled the presentation. He mentioned that the way the department has drawn the operational plan will give strategic objectives and performance indicators. The presentation highlighted the following strategic issues:

• Systems planning and monitoring

• General education
• Further education and training
• Social and school enrichment
• Higher education
• Budget Vote 13 Hearings

The CFO indicated that the Minister’s continuing vision is to impact urgently and directly on poverty, unemployment, social cohesion by providing quality education for all. Some of the continuing approaches highlighted are the use of information and communication technology (ICT) to enhance teaching and learning as well as building effective partnerships with non governmental Organisations (NGO’s). The Ministers five broad priorities are as follows:

• Quality improvement
• Health education
• Institutional development
• Dealing with poverty
• Human resource development

 

The Minister’s Goals for 2008/09 have been summarised as follows:

• Improving learning outcomes, especially reading, writing and numeracy
•  Preparing for e-learning in schools
• Increasing the number of “No Fee Schools”
• Finalizing the recapitalization of FET Colleges
• Implementation of Kha Ri Gude Mass Literacy Campaign
• Review of Adult Education programmes
• Implementing the Education Laws Amendment Act  No 5 of 2002
• Building on Funza Lushaka teacher bursaries
• Improving the School Nutrition Programme

 

1. Systems Planning and Monitoring

The main priority areas for the planning and monitoring programme were reported as follows:

 

Need to strengthen the Education Management Information System (EMIS) to collect data from schools. This data would be useful to analyse expenditure of education in schools, and improve labour relations to enhance quality teaching in schools.

The Occupation Specific Dispensation (OSD) is intended to benefit teachers thereby ensuring improved teaching conditions

 

General Education:

The Department is planning to increase access to quality Early Childhood Development (ECD) opportunities particularly in poor communities. The Quality Management and Improvement Programme (QIDSUP) have been identified as a good example of redressing inequality in schools. Implementation of the QIDSUP initiative means more resources would be delivered to schools through the resource provision. The department has been focusing its plan in giving more attention to Learner Schools with special Education Needs (LSEN). The department has done this by implementing the Inclusive Education Policy to increase the access of learners with disabilities to schools as well as training teachers with necessary skills for disabled learners. The department is aiming to attract qualified and competent teachers through the OSD.

 

Further Education and Training:

• The department has been focusing on increasing the number of FET learners, with special emphasis on languages, mathematics and science proficiency. In addition, a national examination system for the National Senior Certificate has been implemented. The department supports the implementation of the National Curriculum Statement (NCS) in Grades 10 to 12. One of the key challenges has been to combat the drop out and repeat rate of Grade 10 to 12 and increasing the number of Dinaledi Schools.
• In FET Colleges, the focus has been to strengthen the existing partnership with FET stakeholders e.g. SETA’s, NGO’s and Universities. The department has done a lot of work in improving the throughput and placement rate of college students. The department has been supporting the use of information and communication technology (ICT) in teaching and learning at all colleges.

 

1. Social and School Enrichment
   • The issue of safety of schools has been a very critical issue. In response to this, the department has done a lot of work in creating safe and caring schools by supporting schools that experience high rate of violence and crime.
   • The department has introduced the Khari Gude Mass Literacy Campaign in response to the large number of illiterate adults.
   • The department has ensured the implementation of the National Schools Nutrition Programme (NSNP) reaches poor schools and that learners are fed properly.

 

1. Higher Education

• The department has embarked on a mission to promote internationalisation of Higher Education Institutions (HEI’s).
• The department has been assisting HEI with bursary schemes, especially for students from poor socio-economic background
• The department has also been promoting institutional diversity, especially in institutions that were unequally still exist.

 

Budget Vote Hearings:

• The total budget allocation for education has increased from R104, 710,636 in 2007/08 to R 122,878,295 in 2008/09.
• The National Department has been allocated R18, 857,546, while most of the Budget has been aallocated to Provincial Education Departments at a cost of R 104,020,749.
• The Kwa-Zulu Natal Education Department is the leading province in terms of budget allocated with R 14,645,637 budget set aside for education.
• Northern Cape the largest province of the country has the least budget allocated for 2008/09 with R 2,286,860 set aside for education. The reason for this low budget is because the Province has the smallest population.
• The summary of Vote 13 indicated that the department spends more money on higher institutions of learning.

 

The following formed part of the discussion:

• A concern was raised regarding the operational plan of the department that it did not include quantitative indicators. The committee wanted to know whether the department had plans to include quantitative indicators. The department has been focusing extensively on the challenges in rural schools forgetting that there are poor schools in urban areas. This approach is not viable.

• The committee revealed that in some rural areas there were schools that were still collecting fees form poor learners. The committee wanted to know why this was happening. How does the department ensure safety for teachers and learners in school? What are the plans of the department for learners with disabilities?

• The Human Resource Development Framework agreements of the department were not reached yet. The committee wanted to know the problems in reaching agreements.
• A concern was raised on the issue of “No Fee Schools”. The committee wanted to know whether the department has reached the 40% target.
• A concern was raised regarding the Higher Education Qualifications Framework (HEQF). The committee wanted to know if the heads of Higher Education Institutions were consulted with regards to the HEQF, and what kind of feedback has the department received from them.
• It emerged that the department through the School Nutrition Programme (SNP) feeds learners from Grades 1-7. The Committee wanted to know whether the department had plans to expand this programme to other grades.
• A question was asked whether the department had a policy in place to deal with using school premises to operate businesses or other activities.

 

Responses:

• Quantitative indicators are very important and provide analytical data. However, the department has been struggling to provide them. The department has been focusing on rural schools while there is mass poverty in urban schools.
• The issue of schools still collecting fees from poor learners is totally unacceptable. The reason the department introduced “No Fee Schools” was to deal with this problem.
• The National Schools Nutrition Programme (NSNP) should be extended to secondary schools. However, the department does not have funds o extend this programme.
• The safety at schools is a priority for the department. There is a section within the department that has been established to deal with the issue of safety at schools.
• The corruption of scholar transport is a major concern. The department monitors scholar transport in provinces. The problem is of capacity in the Provinces to deal with this challenge.
• There is a change in the structuring of the HEQF to stretch it up to level 10, in order to solve the problems of learners from FET Colleges not getting enough attention on their qualifications.
• Currently legislation does not deal with the hiring of school premises to conduct other activities.

 

5.6 PC on Education Review of Activities 2007:

Mr Randall van den Heever welcomed the opportunity to present to the committee.  He began the presentation by indicating that he has considered the 2007 annual report of the committee in reviewing the committee’s activities for 2007. The Report had as its main subsection the following:

• Objectives of the Committee
• Various milestones of the activities of the Committee
• Challenges of the Committee
• Departmental entities overseen by the DoE
• Meetings held in 2007
• Oversight visit by the Committee
• International Study Tours
• Papers referred to the Committee
• Budget Vote
• Annual Reports of entities
• Support Staff

 

He further indicated that, in order to determine the measure of success of the committee, there is a need to consider and interrogate the objectives set for the committee and the extent to which the committee has fulfilled these objectives.

 

Challenges facing the Committee:

• The Committee’s interaction with the NCOP is weak in respect of education legislation affecting the provincial legislatures. The committee should improve its working relationship with the Select Committee on Education in the NCOP, in order to get a well oiled system of co-operation.
• International study tours and visits to the provinces undertaken by the committee are not co-ordinated with the NCOP in order to avoid duplication and unnecessary repetition.
• Presentations by the department and its entities are question-answer sessions. Members are not informed enough to decisively interrogate various budgets, annual reports and strategic plans of the department and its entities.
• Formulation of education policies is largely in the hands of the Minister of Education. Most of the times, policy processes proceed without active participation or even the knowledge of the committee, leaving the Committee ineffective in dealing with this important area of work.
• The committee has not been active in initiating a matter of public importance to be discussed in Parliament.
• The committee has also not been able to initiate legislation. This is a matter which the committee has to apply greater attention.
• The department and its entities have a tendency of submitting their documents late, leaving the Members with little time to interact with the content of the presentation.

 

Regardless of major challenges the committee has been successful with regard to its monitoring and oversight functions in respect of education legislation. In fact, this counts as one of the committee’s most effective oversight function of education legislation.  The Members of the committee have developed skills and expertise with regard to the legislative process and indeed the committee exercises its right to intervene and amend various pieces of legislation under consideration by the committee. In 2007, the committee recommended the adoption of the Education Laws Amendment Bill. The Members demonstrated great experience and maturity in the consideration of the Bill.

The following formed part of the discussions:

• It emerged that, the committee has not been able to meet its obligations and mandate. The committee has an opportunity to improve its delivery. There is a need for the committee to review its mandate and engage more in visiting areas where problems in education persists. Engaging with other education stakeholders closely will help the committee to attain its objectives. Education related conferences enable Members of the committee to meet with other academics and share common experiences with regards to education. The committee has not taken seriously the need for Members to attend these conferences.

 

• A concern was raised in respect of the committee’s operations. The committee is reactive, meaning that, the committee does not lead instead it follows the Department. There is a need to clearly redefine the mandate of the committee. Service Delivery is a point of departure and, the committee has to be responsive to the needs of the people. The way the Committee operates currently needs to be changed. There is a lot of knowledge among the Members of the committee; therefore the committee needs to be divided into Sub-Committees with specialised tasks. These Sub-Committees will improve the work of the committee by identifying important issues related to education. The committee has a researcher and, it needs to utilise the service of the Researcher effectively.

 

• It was discovered that, there was a serious challenge facing the Members of the Committee. Members often lacked the understanding of why they are in Parliament as party representatives. The Members of the committee should work together not as different parties but as Members that are representing education in Parliament. The committee should work closely with the Select Committee on Education in the National Council of Provinces (NCOP) to effectively tackle issues that affect education.

 

• The idea of establishing Sub-Committees within the committee will bring transformation in the manner in which the committee is currently operating. The Sub-Committees will be headed, and the head of each Sub-Committee will have a link with a relevant stakeholder to the Sub-Committee.

 

5.7 Committee Priorities for 2008/09:

Prof Shepherd M Mayatula, Chairperson of the Portfolio Committee on Education handled the presentation. He indicated that, everything that the committee does should be driven by, among others, the following themes:

 

• Business Unusual as propound by the President in the State of the Nation Address (SONA).
• National Campaign on Mobilising Communities to ensure Quality Education for all.

 

Prof Mayatula further mentioned that, the committee needs to follow the following guiding principles:

 

• Over the next five years, the committee needs to undertake a concerted campaign to support and promote the continued transformation of education. (Taken from the January 8 statement).
• Education needs to be elevated from being a departmental issue, or even a government issue, to a societal issue one that occupies the attention and energy of all our people.
• Implementation of Legislation with special reference to: FET Colleges Act No. 16 of 2006 and the Education Laws Amendment Act No 31 of 2007.
• Visits to Institutions of Higher Learning to bring stability.

 

Oversight and Monitoring:

The presentation included the following oversight matters that could be prioritized and included in the programme of action of the committee:

• Provision of Quality Education; Monitoring the implementation of the National Curriculum Statement (NCS) in Grade R, Foundation Phase, Intermediate Phase, Senior Phase and FET Band.
• Improvement of schools infrastructure; the department has been slow in terms of implementing service delivery in schools. Investigation of progress on library provisioning in schools and development of infrastructure should be taken seriously.
• Free education for poor learners is a key issue and expanding the nutrition programme to include high schools should be considered seriously.
• Norms and standards should be developed to classify schools, given the variation of school types in the Provinces.
• The No-Fee Schools should be expanded to 60% by 2009.
• The New Curriculum must be accompanied with skills development of teachers.

 

The following formed part of discussions:

• There is a need for a serious interaction with the Minister to discuss issues of service delivery especially in rural schools.
• Free education for poor learners has not been achieved yet. The country has the National Student Financial Aid Scheme (NSFAS) in institutions of higher learning that assists disadvantaged students to further their education. However this fund comes as a loan, meaning that at a certain period, the candidate will return the assistance he/she received while studying. Therefore, this is not free education at all.
• There is need to focus on developing local teachers with necessary skills especially in areas of maths and science.

 

5.8 Emerging Strategic Issues for the 2008 Programme of Action:

Mr Ben Mthembu, Member of the Portfolio Committee on Education led the presentation on behalf of the Steering Committee. He indicated that, the theme of the committee for 2008 was developed as follows:

“Towards the provision of Quality Education for all in the Second Decade of Freedom and Democracy”.

He further indicated that, this theme would guide the committee’s activities for the year. The committee has taken a decision to focus on the provision of quality education for all. This theme is predicated on the general consensus that, considerable progress has been made in the first decade of freedom and democracy to achieve the goal of access to quality education. The need to focus on the provision of quality education for all without loosing sight of the equity goal is in part informed by concerns raised by various stakeholders in our civil society.

 

The presentation highlighted the following key issues:

• Need for meaningful reports to quality education.
• Need to divide the committee into sub-committees.
• Invitation of provincial MEC’s on education to report to the committee on their progress.
• Co-operation of Parliament and the Executive.
• Student governance and instability in higher education Institutions is a serious challenge.
• The way the committee operates is reactive and needs to be changed
• Permission for Members to conduct oversight, totally unacceptable.

 

5.9 Address by the Honourable Deputy Minister:

Honourable Deputy Minister, Mr Enver Surty, welcomed the opportunity to address the committee. He highlighted the issue of Batho Pele meaning “Putting People First” as a very important key issue that the committee should understand. He informed the committee that, what happens overseas has an impact on the economy of the country. He further indicated that, the country was shifting from a producing economy to a knowledge economy. The following key issues formed part of his address:

• Education is a societal issue, not only the responsibility of the Committee or the department.
• When Members conduct oversight in their Constituencies, it is important for them to do so within an acceptable framework. Tension from the provincial representatives of education arises because Members often disturb school activities during their oversight visits. When Members conduct oversight visits to schools, it is important to observe the critical issues that affect a particular school.
• Access to education has indeed increased; hence the focus now is on the need for the provision of quality education for all. 
• Members need to be very critical about the state of education in this country. This means that, as the representatives of education in this country, Members need to be responsive to the needs of education.
• The cepartment has been promoting the use of Information and Communication Technology (ICT) in schools. The establishment of E-Learning as a system of learning in schools has been a good example of the use of ICT in schools.
• The education system of the country has been compared with many countries including first world countries. Comparisons are good; but they need to be contextualized.
• Members should submit their oversight reports on schools to the Ministry, so that those schools that need special attention should be addressed by the department with immediate effect.

 

6. Resolutions:

The committee identified the following resolutions for its progress:

• The need to conduct more oversights to areas where the problems in education persist and engaging closely with other education stakeholders will assist the committee to meet its objective.
• There should be greater emphasis on participation in Education Conferences in order to sharpen the committee’s understanding of universal educational issues.
• The committee should call Provinces, MEC’s and Heads of Institutions to account to it because of the seriousness of problems in the field of education in various provinces.

 

6.1 Conclusion:

The idea of the strategic workshop has been described by the committee as an opportunity to dig deeper and interrogate issues that affect the committee directly. The idea to invite influential and special guest speakers to the workshop has been very enriching in assisting the Committee to enhance its work. Presentations made by the Members of the committee resulted in the formation of new ideas that were developed to enhance the work of the committee and to solve some of the political tensions that exist among the Members of the committee.

 

The invitation extended to the epartment to present its strategic plans and budget was meant to challenge and interrogate the lack of service delivery to schools especially in rural schools. It was clear to the committee that, the department has not been able to achieve its objective contrary to its claims. This has been revealed by information derived from the various guest speakers who on a large scale made useful inputs. The hard work of the steering committee developed a new programme of the committee for 2008 based on the theme “Towards the Provision of Quality Education in the Second Decade of Freedom and Democracy”. The overall presence of the Department as well as different guests was deeply appreciated by the committee.

 

6.2 Recommendations:

The Portfolio Committee on Education, having conducted a strategic workshop with the Department of Education and special guests recommends the following key issues:

• The department needs to address the persistent unequal provision of quality education, that is, equality of access to quality education.
• The Department of Education has to supply the committee with performance and quarterly reports
• Presentations from the department to the committee should be submitted timeuosly to allow Members more time in preparing for the meeting.

 

Report to be considered.

 

1. Report of the Portfolio Committee on Home Affairs on the Refugees Amendment Bill [B 11B – 2008] (National Assembly – sec 75), dated 26 August 2008:

 

The Portfolio Committee on Home Affairs, having considered the Refugees Amendment Bill [B 11B – 2008] and proposed amendments of the National Council of Provinces (Announcements, Tablings and Committee Reports, 24 June 2008, p 1386), referred to the Committee, reports the Bill with amendments [B11C – 2008].

 

1. Report of the Portfolio Committee on Public Works on the Built Environment Professions Bill [B 53 - 2008] (National Assembly- sec 75), dated 27 August 2008:

 

The Portfolio Committee on Public Works, having considered the subject of the Built Environment Professions Bill [B 53 - 2008] (National Assembly - sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B 53A - 2008].

 

THURSDAY, 28 AUGUST 2008

TABLINGS

 

National Assembly and National Council of Provinces

 

1. The Minister of Labour

 

1. Report and Financial Statements of the Commission for Conciliation, Mediation and Arbitration (CCMA) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 55-2008].

 

1. Report and Financial Statements of the Compensation Fund for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 64-2008].

 

1. Report and Financial Statements of the Unemployment Insurance Fund (UIF) for 2006-2006, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 201-2008].

 

1. The Minister for Public Enterprises

 

(a)      Report and Financial Statements of the South African Forestry Company Limited (SAFCOL) for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.

 

National Assembly

1. The Speaker

 

(a)     Reply from the Minister of Water Affairs and Forestry to recommendations in Report of Portfolio Committee on Water Affairs and Forestry (Water Board hearings, 19‑20 March 2007), as adopted by the House on 21 August 2007.

 

(b)   Reply from the Minister of Water Affairs and Forestry to recommendations in Report of Portfolio Committee on Water Affairs and Forestry (Hearings on the Strategic Plan and Budget Vote: 34 Department of Water Affairs and Forestry), as adopted by the House on 10 June 2008.

 

Referred to the Portfolio Committee on Water Affairs and Forestry.

 

(c)   Reply from the Minister for Public Enterprises to recommendations in Second Report of Committee on Public Accounts (Financial Statements of South African Airways (SAA)), as adopted by the House on 19 February 2008.

 

(d)   Reply from the Minister of Finance to recommendations in First Report of Committee on Public Accounts (Investigation Relating to Export and Sale of Diamonds in terms of Diamonds Act, 1986), as adopted by the House on 27 May 2008.

 

(e)   Reply from the Minister for Justice and Constitutional Development to recommendations in Sixth Report of Committee on Public Accounts (Annual Report and Report of Auditor-General on Financial Statements of Department of Justice and Constitutional Development for the Financial Year ending 31 March 2007), as adopted by the House on 19 February 2008.

 

(f)    Reply from the Minister for Justice and Constitutional Development to recommendations in Seventh Report of Committee on Public Accounts (Report of the Auditor-General on Investigation into Procurement at Department of Justice and Constitutional Development for March 2007), as adopted by the House on 19 February 2008.

 

(g)   Reply from the Minister for Justice and Constitutional Development to recommendations in Twelfth Report of Committee on Public Accounts (Consideration of Approval of Unauthorised Expenditure incurred by Department of Justice and Constitutional Development), as adopted by the House on 19 February 2008.

 

(h)   Reply from the Minister for Justice and Constitutional Development to recommendations in Twenty‑Second Report of Committee on Public Accounts (Department of Justice and Constitutional Development), as adopted by the House on 21 November 2007.

 

Referred to the Committee on Public Accounts.

 

(i)    Reply from the Minister for Justice and Constitutional Development to recommendations in Special Report of Joint Standing Committee on Intelligence (Special “Browse” Mole Consolidated Report), as adopted by the House on 19 March 2008.

Referred to the Joint Standing Committee on Intelligence.

 

COMMITTEE REPORTS

National Assembly

 

1. Report of the Portfolio Committee on Environmental Affairs and Tourism on the National Environmental Laws Amendment Bill [B66-2008] (National Assembly – sec 76), dated 26 August 2008:

 

The Portfolio Committee on Environmental Affairs and Tourism, having considered the subject of the National Environment Laws Amendment Bill [B66-2008] (National Assembly – sec 76), referred to it, and classified by the Joint Tagging Mechanism (JTM) as a section 76 Bill, reports the Bill with amendments [B66A-2008].

 

1. Report of the Portfolio Committee on Environmental Affairs and Tourism on the National Environmental Management: Protected Areas Amendment Bill [B67-2008] (National Assembly – sec 75), dated 27 August 2008:

 

The Portfolio Committee on Environmental Affairs and Tourism, having considered the subject of the National Environmental Management: Protected Areas Amendment Bill [B67-2008] (National Assembly – sec 75), referred to it, and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, reports the Bill with amendments [B67A-2008].

 

3.         Progress Report of the Portfolio Committee on Finance on the Draft Money Bill Amendment Procedure and Related Matters Bill, dated 22 August 2008.

 

The Committee reported to the House on 14 August 2008 and was granted an extension to 29 August 2008 to report on the bill. (see Minutes of Proceedings of the National Assembly, dated 19 August 2008).

 

The Committee at subsequent deliberations on the bill found that there were aspects of the bill which required further engagement. The Committee therefore is of the view that it would not be in a position to finalise its deliberations by 29 August 2008. The Committee accordingly requests that the deadline given to it to report on the draft legislation be further extended to 30 September 2008.

 

Report to be considered.

 

FRIDAY, 29 AUGUST 2008

 

ANNOUNCEMENTS

 

National Assembly and National Council of Provinces

 

The Speaker and the Chairperson

 

1.       Assent by President in respect of Bills

 

1. Financial Intelligence Centre Amendment Bill [B 18B – 2008] – Act No 11 of 2008 (assented to and signed by President on 22 August 2008).

 

1. Cross-Border Road Transport Amendment Bill [B 51B – 2007] – Act No 12 of 2008 (assented to and signed by President on 22 August 2008).

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1. The Minister of Labour

 

(a)    Report and Financial Statements of the National Economic Development and Labour Council (NEDLAC) for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.

 

1. Report and Financial Statements of the Chemical Industries Education and Training Authority (CHIETA) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 69-2008].

 

1. The Minister in The Presidency

 

1. Report and Financial Statements of the International Marketing Council of South Africa (IMC) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 144-2007].

 

1. The Minister of Environmental Affairs and Tourism

 

(a)      Report and Financial Statements of South African Tourism for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.

 

1. Report and Financial Statements of the South African Weather Service (SAWS) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 197-2008].

 

(c)     Report and Financial Statements of the South African National Biodiversity Institute (SANBI) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.

 

1. The Minister of Home Affairs

 

(a)      Annual Performance Plan (Revised) of the Department of Home Affairs for 2007-2008.  

 

National Assembly

 

1. The Speaker

 

(a)     Request from the President of the Republic to recommend three candidates for appointment to the Public Service Commission in terms of section 4(1) of the Public service Commission Act, 1997 (Act No 46 of 1997).

Referred to the Portfolio Committee on Public Service and Administration.

 

COMMITTEE REPORTS

 

National Assembly

 

1.      Report of the Portfolio Committee on Trade and Industry on the Companies Bill [B61-2008] (National Assembly – sec 75), dated 27 August 2008:

 

The Portfolio Committee on Trade and Industry, having considered the subject of the Companies Bill [B61 – 2008] (National Assembly – sec 75), referred to it and classified by the JTM as a section 75 Bill, reports the Bill with amendments [B61A-2008]

 

MONDAY, 1 SEPTEMBER 2008

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1. The Speaker and the Chairperson

 

1. Report and Financial Statements of Parliament of the Republic of South Africa Vote 2 for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.

         

1. Report and Financial Statements of the Office of the Public Protector for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 211-2008].

 

1. Report of the Public Protector on an Investigation into the Causes of Delays in the Administration of Criminal Appeals lodged by Prisoners [Report No 10 of 2008-2009].

 

1. Report of the Public Protector on Systematic Investigation into the Deficiencies with the Processing of Pension Benefits payable to Former Government Employees and their Dependants [Report No 11 of 2008-2009].

 

1. Report of the Public Protector on an Investigation into an Allegation of the Misappropriation of Public Funds by the Kungwini Local Municipality in the Gauteng Province [Report No 12 of 2008-2009].

 

1. Report and Financial Statements of the Electoral Commission for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.

 

1. Report and Financial Statements of Parliament of the South African Human Rights Commission for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 89-2008].

 

1. The Minister of Education

 

1. Report and Financial Statements of the Department of Education Vote 14 for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 220-2008].

 

1. Report and Financial Statements of the National Student Financial Aid Scheme for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.

 

1. Report and Financial Statements of the South African Qualifications Authority for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 149-2008].

 

1. Report and Financial Statements of the Education Labour Relations Council for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 and the Report of the Auditor-General on the Transformation Fund of the Education Labour Relations Council for 2007-2008 [RP 136-2008].

 

1. Report and Financial Statements of the Council on Higher Education for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.

 

1. The Minister of Communications

 

Report and Financial Statements of Sentech Limited for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.

1. The Minister of Labour

 

1. Report and Financial Statements of the Local Government Sector Education and Training Authority for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 80-2008].

 

1. Report and Financial Statements of the Energy Sector Education and Training Authority for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 73-2008].

 

1. Report and Financial Statements of the Health and Welfare Sector Education and Training Authority for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 77-2008].

 

1. Report and Financial Statements of Education Training and Development Practices Sector Education and Training Authority for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 72-2008].

 

1. The Minister of Environmental Affairs and Tourism

 

Report and Financial Statements of the Marine Living Resources Fund for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 190-2008].

 

TUESDAY, 2 SEPTEMBER 2008

TABLINGS

 

National Assembly and National Council of Provinces

 

1. The Minister of Labour

 

1. Report and Financial Statements of the Tourism, Hospitality and Sport Education and Training Authority (Theta) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance information for 2007-2008 [RP 128-2008].

 

(b)     Report and Financial Statements of the Information Systems, Electronics and Telecommunications Technologies Sector Education and Training Authority (ISETT-Seta) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 78-2008].

 

1. The Minister for Justice and Constitutional Development

 

1. Report and Financial Statements of the Legal Aid Board for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 97-2008].

 

1. The Minister of Trade and Industry

 

(a)     Government Notice No 314 published in Government Gazette No 30886 dated 20 March 2008: AgriBEE Sector Charter on Black Economic Empowerment, in terms of the Broad-Based Black Economic Empowerment Act, 2003 (Act No 53 of 2003).

 

Please Note: The above item replaces entry 3(b) under Tablings of the Announcements, Tablings and Committee Reports of 29 July 2008, as published on page 1472.

 

(b)     Government Notice No 672 published in Government Gazette No 31145 dated 20 June 2008: International Trade Administration Commission of South Africa: Export control, in terms of the International Trade Administration Act, 2002 (Act No 71 of 2002).

 

1. Government Notice No 776 published in Government Gazette No 31255 dated 18 July 2008: Framework for accreditation and verification by all Verification Agencies, in terms of the Broad-Based Black Economic Empowerment Act, 2003 (Act No 25 of 2003).

 

1. The Minister of Arts and Culture

 

1. Report and Financial Statements of the South African State Theatre for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 224-2008].

 

1. Report and Financial Statements of the Msunduzi/Voortrekker and Ncome Museums for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [PR 160-2008].

 

1. Report and Financial Statements of the National English Literary Museum for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.

 

1. Report and Financial Statements of the Market Theatre Foundation for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 102-2008].

 

1. Report and Financial Statements of Blind SA for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.

 

1. Report and Financial Statements of the National Museum – Bloemfontein for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.

 

1. Report and Financial Statements of the Iziko Museums of Cape Town for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 185-2008].

 

1. Report and Financial Statements of the War Museum of the Boer Republics for 2007-2008, including the Report of the Auditor-General on the Financial Statements for 2007-2008.

 

1. Report and Financial Statements of the National Film and Video Foundation (NFVF) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 176-2008].
2. Report and Financial Statements of Artscape for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 189-2008].

 

1. Report and Financial Statements of The Freedom Park Trust for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.

 

• Report and Financial Statements of the William Humphreys Art Gallery for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.

 

1. Report and Financial Statements of Business and Arts South Africa (BASA) for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008 [RP 166-2008].

 

• Report and Financial Statements of the Natal Museum for 2007-2008, including the Report of the Auditor-General on the Financial Statements for 2007-2008 [RP 158-2008].

 

1. The Minister of Environmental Affairs and Tourism

 

1. Report and Financial Statements of Vote 26 – Department of Environmental Affairs and Tourism for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 26 for 2007-2008 [RP 53-2008].

 

1. Report and Financial Statements of the National Environmental Advisory Forum (NEAF) for 2007-2008 [RP 101-2008].

 

WEDNESDAY, 3 SEPTEMBER 2008

 

ANNOUNCEMENTS

 

National Assembly

 

The Speaker

 

1.      Membership of Assembly

(a)     The vacancy which occurred in the National Assembly owing to the passing on of Ms N C Kondlo on 24 March 2008, has been filled with effect from 7 August 2008 by the nomination of Mr J H Nash.

 

(b)     The vacancy which occurred in the National Assembly owing to the resignation of Mr A M Maziya with effect from 1 December 2007, has been filled with effect from 7 August 2008 by the nomination of Mr A C Jacob.

 

Mr J M Mnisi, who was nominated to fill this vacancy with effect from 6 May 2008 currently occupies a position in the Public Service and is therefore eligible for nomination.

 

(c)     The vacancy which occurred in the National Assembly owing to the resignation of Mr S A Mshudulu with effect from 25 July 2008, has been filled with effect from 7 August 2008 by the nomination of Mr K K M Nyembe.

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1. The Minister for Public Enterprises

 

 

(a)      Report and Financial Statements of Vote 30 – Department of Public Enterprises for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 30 for 2007-2008 [RP 156-2008].

 

1. The Minister of Arts and Culture

 

(a)    Report and Financial Statements of the Pan South African Language Board (PANSALB) 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 137-2008].

 

1. Report and Financial Statements of the National Heritage Council for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 203-2008].

 

(c)    Report and Financial Statements of The Playhouse Company for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.

 

1. Report and Financial Statements of the Nelson Mandela National Museum for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 202-2008].

 

1. Report and Financial Statements of the Afrikaans Language Museum en Language Monument for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 161-2008].

 

1. Report and Financial Statements of the South African Heritage Resources Agency (SAHRA) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 192-2008].

 

1. Report and Financial Statements of the South African Library for the Blind for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.

 

1. Report and Financial Statements of the Northern Flagship Institution for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 164-2008].

 

1. Report and Financial Statements of the Windybrow Centre for the Arts for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.

 

National Assembly

 

1. The Speaker

 

(a)     Reply from the Minister of Water Affairs and Forestry to recommendations in Report of Portfolio Committee on Water Affairs and Forestry (Price increases of bulk resources (water) for provision of municipal services – section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003), as adopted by the House on 21 August 2007.

 

(b)     Reply from the Minister of Water Affairs and Forestry to recommendations in Report of Portfolio Committee on Water Affairs and Forestry (Oversight visit to Gauteng Province – 6-11 May 2007), as adopted by the House on 21 August 2007.

 

Referred to the Portfolio Committee on Water Affairs and Forestry.

 

(c)     Reply from the Minister of Labour to recommendations in Report of Joint Budget Committee on Expenditure for the Second Quarter of the 2007-08 Financial Year, as adopted by the House on 20 May 2008.

 

Referred to the Joint Budget Committee.

(d)    Reply from the Minister of Minerals and Energy to recommendations in First Report of Committee on Public Accounts (Investigation Relating to Export and Sale of Diamonds in terms of the Diamonds Act, 1986, as adopted by the House on 27 May 2008.

 

1. Reply from the Minister of Water Affairs and Forestry to recommendations in Fortieth Report of Committee on Public Accounts (Department of Water Affairs and Forestry and its Trading Accounts), as adopted by the House on 21 November 2007.

 

(f)     Reply from the Minister of Defence to recommendations in Thirtieth Report of Committee on Public Accounts (Department of Defence), as adopted by the House on 21 November 2007.

 

Referred to the Committee on Public Accounts.

 

COMMITTEE REPORTS

 

National Assembly and National Council of Provinces  

1.      Report of the Joint Standing Committee on Defence on the employment of the South African National Defence Force (SANDF) in Uganda, the extension of employment of SANDF in Burundi and within the Republic of South Africa in co-peration with the South African. Police Service (SAPS), dated 27 August 2008.

 

The Joint Standing Committee on Defence, having considered the letters from the President on the employment of the South African National Defence Force (SANDF) in Uganda, the  extension of employment of the SANDF in Burundi and extension of employment of SANDF for a service in co-operation with the SAPS within the Republic of South Africa, referred to the Committee, reports that it has concluded its deliberations thereon.

 

THURSDAY, 4 SEPTEMBER 2008

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1. The Minister of Foreign Affairs

 

(a)    Treaty of Friendship and Partnership between the Republic of South Africa and the Russian Federation, tabled in terms of section 231(2) of the Constitution, 1996.

 

1. Explanatory Memorandum to the Treaty of Friendship and Partnership between the Republic of South Africa and the Russian Federation.

 

National Assembly

 

1. The Speaker

 

(a)     Report of the Public Service Commission (PSC) on the Fifth Consolidated Public Service Monitoring and Evaluation System Report: Research Cycle 2007/2008 – July 2008 [RP 134-2008].

(b)     Report of the Public Service Commission (PSC) on Evaluation of the Consistency of Sanctions Imposed for Misconduct in the Public Service – April 2008 [RP 135-2008].

 

COMMITTEE REPORTS

 

National Assembly

 

1. Report of the Portfolio Committee on Agriculture and Land Affairs on the Provision of Land and Assistance Amendment Bill [B40-2008] (National Assembly – sec 75), dated 2 September 2008:

 

The Portfolio Committee on Agriculture and Land Affairs, having considered the subject of the Provision of Land and Assistance Amendment Bill [B40-2008] (National Assembly – sec 75) referred to it, and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, reports the Bill with amendments [B40A-2008].

 

1. Report of the Portfolio Committee on Agriculture and Land Affairs on the Liquor Products Amendment Bill [B22B-2008] (National Assembly – sec 75), dated 2 September 2008:

 

The Portfolio Committee on Agriculture and Land Affairs, having considered the subject of the Liquor Products Amendment Bill [B22B-2008] (National Assembly – sec 75) and the proposed amendments of the Select Committee on Land and Environmental Affairs (see Announcements, Tablings and Committee Reports, 20 August 2008, p 1564 ), referred to it, reports the Bill without amendment.

 

3.         Report of the Portfolio Committee on Health on the Medicines and Related Substances Amendment Bill [B 44 – 2008] (National Assembly – sec 75), dated 3 September 2008:

 

The Portfolio Committee on Health having considered the Medicines and Related Substances Amendment Bill [B 44 – 2008] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B 44A – 2008].

 

FRIDAY, 5 SEPTEMBER 2008

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.         The Minister of Finance

 

1. Annual Financial Statements of the Corporation for Public Deposits for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.

 

(b)     Report and Financial Statements of the Accounting Standards Board for 2007-2008, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2007-2008 [RP 109-2008].

 

(c)     Government Notice No 871 published in Government Gazette No 31336 dated 15 August 2008: Appointment of Board members of the Co-operative Banks Development Agency, in terms of section 58 of the Co-operative Banks Act, 2007 (Act No 40 of 2007).

 

(d)    Government Notice No 887 published in Government Gazette No 31342 dated 22 August 2008: Designation of Institution of which the activities do not fall within the meaning of “The Business of a Bank” (“Financial Service Co-operative”), in terms of the Banks Act, 1990 (Act No 94 of 1990).

 

(e)     Government Notice No 880 published in Government Gazette No 31342 dated 22 August 2008: Amendment of Schedule No 1 (No 1/1/1360), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(f)     Government Notice No 881 published in Government Gazette No 31342 dated 22 August 2008: Amendment of Schedule No 2 (No 2/305), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(g)     Government Notice No 882 published in Government Gazette No 31342 dated 22 August 2008: Amendment of Schedule No 3 (No 3/634), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(h)     Government Notice No 883 published in Government Gazette No 31342 dated 22 August 2008: Amendment of Schedule No 3 (No 3/635), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(i)      Government Notice No 884 published in Government Gazette No 31342 dated 22 August 2008: Amendment of Schedule No 4 (No 4/314), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(j)      Government Notice No 885 published in Government Gazette No 31342 dated 22 August 2008: Amendment of Schedule No 1 (No 1/1/1359), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(k)     Government Notice No 886 published in Government Gazette No 31342 dated 22 August 2008: Amendment of Schedule No 3 (No 3/633), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(l)      Government Notice No 895 published in Government Gazette No 31342 dated 22 August 2008: Amendment of Schedule No 1 (No 1/1/1361), in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(m)    Government Notice No 878 published in Government Gazette No 31346 dated 22 August 2008: Municipal Asset Transfer Regulations, in terms of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).

 

MONDAY, 8 SEPTEMBER 2008

 

ANNOUNCEMENTS

 

National Assembly and National Council of Provinces

1.       Introduction of Bills

 

(1)     The Minister of Transport

 

1. Civil Aviation Bill [B 73 – 2008] (National Assembly – proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 31120 of 4 June 2008.]

 

Introduction and referral to the Portfolio Committee on Transport of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.

In terms of Joint Rule 154 written views on the classification of the Bill may be submitted to the JTM within three parliamentary working days.

 

National Assembly

 

The Speaker

 

1. Membership of Committees

 

The following changes have been made to the membership of Committees:

 

Portfolio Committee on Arts and Culture

 

Appointed:                       Zulu, Mr BZ

TABLINGS

 

National Assembly and National Council of Provinces

 

1.         The Minister of Trade and Industry

 

1. Report and Financial Statements of the Competition Tribunal for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance information for 2007-2008 [RP 183-2008].

 

(b)     Report and Financial Statements of the National Consumer Tribunal for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 217-2008].

 

(c)     Report and Financial Statements of the Export Credit Insurance Corporation of South Africa Limited for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.

 

(d)    Report and Financial Statements of the South African National Accreditation System (SANAS) for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008 [RP 199-2008].

 

(e)     Report and Financial Statements of the National Credit Regulator (NCR) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 140-2008].

(f)     Report and Financial Statements of the South African Bureau of Standards for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 208-2008].

 

(g)     Report and Financial Statements of the South African Micro-finance Apex Fund for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 111-2008].

 

(h)     Report and Financial Statements of the Companies and Intellectual Property Registration Office for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 187-2008].

 

(i)      Report and Financial Statements of the National Metrology Institute of South Africa for 2007-2008, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2007-2008 [RP 221-2008].

 

(j)      Report and Financial Statements of the National Gambling Board for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 125-2008].

 

(k)     Report and Financial Statements of the Industrial Development Corporation of South Africa Limited (IDC) for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.

 

(l)      Report and Financial Statements of Khula Enterprise Finance Limited for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008 [RP 210-2008].

 

(m)    Report and Financial Statements of the Competition Commission for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 107-2008].

 

COMMITTEE REPORTS

 

National Assembly

 

1.      The following report replaces the report published on page 1668 of the ATC of 4 September 2008:

 

Report of the Portfolio Committee on Health on the Medicines and Related Substances Amendment Bill [B 44 – 2008] (National Assembly – sec 75), dated 3 September 2008:

 

The Portfolio Committee on Health having considered the subject of the Medicines and Related Substances Amendment Bill [B 44 – 2008] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, presents a redraft of the Bill [B 44B – 2008].

 

TUESDAY, 9 SEPTEMBER 2008

 

National Assembly and National Council of Provinces

 

1.         The Minister of Transport

 

1. Report and Financial Statements of the Air Traffic and Navigation Services Company Limited (ATNS) for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.

 

2.         The Minister for Public Enterprises

 

1. Report and Financial Statements of South African Airways (Proprietary) Limited (SAA) for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.

 

1. Report and Financial Statements of Broadband Infraco (Pty) Limited for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.

 

3.         The Minister of Communications

 

1. Report and Financial Statements of the South African Post Office Limited for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.

 

4.         The Minister of Health

1. Report and Financial Statements of the Council for Medical Schemes for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 96-2008].

 

5.         The Minister of Correctional Services

 

1. Report and Financial Statements of Vote 19 – Department of Correctional Services for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 19 for 2007-2008 [RP 217-2007].

 

6.         The Minister of Trade and Industry

 

(a)     Report and Financial Statements of the National Lotteries Board for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.

 

(b)     Report and Financial Statements of the Support Programme for Industrial Innovation (SPII) for 2007-2008, including the Reports of the Independent Auditors on the Financial Statements for 2007-2008.

 

WEDNESDAY, 10 SEPTEMBER 2008

 

TABLINGS

 

National Assembly and National Council of Provinces

1.         The Minister of Social Development

 

1. Report and Financial Statements of the South African Social Security Agency for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 108-2008].

 

2.         The Minister of Arts and Culture

 

(a)     Report and Financial Statements of the National Library of South Africa for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 222-2008].

 

1. Report and Financial Statements of the Luthuli Museum for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 181-2008].

 

National Assembly

 

1. The Speaker

 

(a)     Report of the Public Service Commission (PSC) on Assessment on Disability Equity in the Public Service – January 2008 [RP 50-2008].

 

THURSDAY, 11 SEPTEMBER 2008

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.         The Minister of Health

 

(a)     Report and Financial Statements of the National Health Laboratory Service (NHLS) for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.

 

1. Report and Financial Statements of the South African Medical Research Council (MRC) for 2007-2008, including the Report of the Auditor-General on the Financial Statements for 2007-2008 [RP 173-2008].

 

FRIDAY, 12 SEPTEMBER 2008

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.         The Speaker and the Chairperson

 

1. Report and Financial Statements of the Office of the Auditor-General for 2007-2008, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2007-2008 [RP 235-2008].

2.         The Minister of Trade and Industry

 

(a)      Report and Financial Statements of the International Trade Administration Commission of South Africa for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 207-2008].

 

1. Report and Financial Statements of the South African Quality Institute for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.

 

MONDAY, 15 SEPTEMBER 2008

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.         The Minister for Justice and Constitutional Development

 

1. Government Notice No R.827 published in Government Gazette No 31297 dated 1 August 2008: Amendment of regulations, in terms of the Attorneys Act, 1979 (Act No 53 of 1979).

 

2.         The Minister of Trade and Industry

 

(a)      Report and Financial Statements of Vote 32 – Department of Trade and Industry for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 32 for 2007-2008 [RP 198-2008].

 

1. Report and Financial Statements of the South African Council for the Non-Proliferation of Weapons of Mass destruction for the period July 2007 to 31 March 2008.

 

1. Report and Financial Statements of the Technology and Human Resources for Industry Programme for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.

 

1. Report and Financial Statements of the National Empowerment Fund for 2007-2008, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2007-2008 [RP 228-2008].

 

1. Report and Financial Statements of the Estate Agency Affairs Board for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.

 

National Assembly

 

1.         The Speaker

 

(a)        Report and Financial Statements of Vote 10 – Public Service Commission (PSC) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 10 for 2007-2008 [RP 194-2008].

 

TUESDAY, 16 SEPTEMBER 2008

 

COMMITTEE REPORTS

 

National Assembly

 

1. Report of the Portfolio Committee on Arts and Culture on the Methodist Church of Southern Africa (Private) Act Repeal Bill [B 68 - 2008] (National Assembly – Sec 75), dated 09 September 2008:

 

The Portfolio Committee on Arts and Culture, having considered the Methodist Church of Southern Africa (Private) Act Repeal Bill [B 68 - 2008] (National Assembly – Sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill without amendments.

 

The Committee further reports that it has amended the Memorandum on the objects of the Methodist Church of Southern Africa (Private) Act Repeal Bill, 2008 as follows:

 

1. On page 3, in paragraph 1(a), to substitute the semi-colon for the full-stop.

 

1. On page 3, to omit paragraph 3 and to substitute:

3.     BODIES CONSULTED

The following bodies were consulted:

 

• The Bible Society of South Africa
• The Methodist Church of Southern Africa
• The Council of African Instituted Churches
• The Muslim Judicial Council
• South African Council of Churches
• The Dutch Reformed Church
• The Apostolic Faith Mission

 

2.     Report of the Portfolio Committee on Arts and Culture on the Apostolic Faith Mission of South Africa (Private) Act Repeal Bill [B 71 - 2008] (National Assembly – Sec 75), dated 09 September 2008:

 

The Portfolio Committee on Arts and Culture, having considered the subject of the Apostolic Faith Mission of South Africa (Private) Act Repeal Bill [B 71 - 2008]

(National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism as a Section 75 Bill, reports the Bill with amendments [B 71A -2008].

 

3.     Report of the Portfolio Committee on Arts and Culture on the Bible Society of South Africa Act Repeal Bill [B 70 - 2008] (National Assembly – Sec 75), dated 09 September 2008:

 

The Portfolio Committee on Arts and Culture, having considered the subject of the Bible Society of South Africa Act Repeal Bill [B 70 - 2008] (National Assembly – Sec 75), referred to it and classified by the Joint Tagging Mechanism as a Section 75 Bill, reports the Bill with amendments [B 70 A – 2008].

 

4.     Report of the Portfolio Committee on Arts and Culture on the Dutch  Reformed Churches Union Act Repeal Bill [B 69 - 2008] (National Assembly – Sec 75), dated 09 September 2008:

The Portfolio Committee on Arts and Culture, having considered the Dutch Reformed Churches Union Act Repeal Bill [B 69 - 2008] (National Assembly –  Sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill without amendments.

 

The Committee further reports that it has amended the Memorandum on the objects of the Dutch Reformed Churches Union Act Repeal Bill, 2008 as follows:

 

1. On page 3, in paragraph 1, before paragraph (a), to insert the following new paragraph:

 

“(a) give effect to the constitutional principles of human dignity, equality and the advancement of human rights and freedoms, non-racialism and non-sexism;”

 

1. On page 3, in paragraph 1(a), to omit “Verenigde” and to substitute “Verenigingde”.

 

1. On page 3, in paragraph 1(a), to substitute the semi-colon for the full-stop.

 

1. On page 3, in paragraph 1(b), after the semi-colon, to insert “and”.

 

1. On page 3, to omit paragraph 3 and to substitute:

 

3.   BODIES CONSULTED

The following bodies were consulted:

 

• The Bible Society of South Africa
• The Methodist Church of Southern Africa
• The Council of African Instituted Churches
• The Muslim Judicial Council
• South African Council of Churches
• The Apostolic Faith Mission

 

WEDNESDAY, 17 SEPTEMBER 2008

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.         The Minister of Safety and Security

 

1. Report and Financial Statements of Vote 23 – Department for Safety and Security for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 23 for 2007-2008 [RP 204-2008].  

 

2.         The Minister of Trade and Industry

 

(a)      Report of the Strategic Industrial Projects for April 2002 to March 2008.

(b)      Report and Financial Statements of the Small Enterprise Development Agency for 2007-2008.

 

1. Report on the National Distribution Trust Fund – Souvenir Brochure 2008.

 

3.         The Minister for Agriculture and Land Affairs

 

1. Report and Financial Statements of the National Agricultural Marketing Council (NAMC) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.

 

1. Report and Financial Statements of the Ncera Farms (Pty) Ltd for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.

 

COMMITTEE REPORTS

 

National Assembly

 

1. Report of the Portfolio Committee on Finance on the Financial Management of Parliament Bill [B 74 – 2008] (National Assembly – proposed sec 76(1)), dated 16 September 2008:

 

In the Second Parliament the Assembly passed a resolution mandating the Portfolio Committee on Finance to consider the subject of the financial administration of Parliament with a view to introducing a bill dealing with the matter (see Minutes of Proceedings of National Assembly, dated 23 September 2003).

The Committee was unable to complete its consideration of the matter before the end of the Second Parliament and the mandate consequently lapsed.

 

The Assembly again passed a similar resolution in the Third Parliament (see Minutes of Proceedings of National Assembly, dated 18 June 2004).

 

The Committee subsequently gave prior notice of introduction of the draft legislation in Government Gazette No 28166, dated 28 October 2005. The Gazette also contained an invitation to interested persons and institutions to submit written submissions on the draft legislation. The Committee deliberated and held public hearings on the submissions received. Consultation with National Treasury also took place.

 

The Committee therefore reports that it has completed its deliberations on the matter and, in accordance with Rule 243, introduces the Financial Management of Parliament Bill [B74 – 2008] (National Assembly – proposed sec 76(1)).

 

Report to be considered.

 

THURSDAY, 18 SEPTEMBER 2008

 

ANNOUNCEMENTS

 

National Assembly and National Council of Provinces

 

The Speaker and the Chairperson

1.         Introduction of Bill

 

(1)     The Portfolio Committee on Communications

 

1. Financial Management of Parliament Bill [B 74 – 2008] (National Assembly – proposed sec 76(1)) [Draft Bill and memorandum setting out its objects published in Government Gazette No 28166 of 28 October 2005.]

 

Bill initiated by the Portfolio Committee on Finance of the National Assembly, and referred to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.

 

In terms of Joint Rule 154 written views on the classification of the Bills may be submitted to the JTM within three parliamentary working days.

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.         The Minister of Foreign Affairs

 

1. Report and Financial Statements of Vote 3 – Department of Foreign Affairs for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 3 for 2007-2008.  

 

2.         The Minister of Communications

 

1. Report and Financial Statements of the Universal Service and Access Agency of South Africa (USAASA) for 2007-2008, including the Reports of the Auditor-General on the Financial Statements of Universal Service and Access Agency of South Africa (USAASA) and the Universal Service and Access Fund (USAF) for 2007-2008 [RP 219-2008].

 

3.         The Minister of Trade and Industry

 

(a)     Report on the National Lotteries Distribution Trust Fund – Souvenir Brochure 2008.

 

1. Report and Financial Statements of the Small Enterprise Development Agency Technology Programme for 2007-2008.

 

Please Note: The above item replaces item 2(b) and (c) under Tablings of the Announcements, Tablings and Committee Reports of 17 September 2008, as published on page 1694.

 

National Assembly

 

1.          The Speaker

 

1. Updated reply from the Minister of Labour to recommendations in Nineteenth Report of Committee on Public Accounts (Department of Labour), as adopted by the House on 21 November 2007.

Referred to the Committee on Public Accounts.

 

COMMITTEE REPORTS

 

National Assembly

 

1. Report of the Portfolio Committee on Justice and Constitutional Development on the Renaming of High Courts Bill [B 5B─2008] dated 17 September 2008.

 

The Portfolio Committee on Justice and Constitutional Development, having considered the Renaming of High Courts Bill [B 5B─2008], and the proposed amendments of the National Council of Provinces (Announcements, Tablings and Committee Reports, 29 July 2008, p 1474), referred to the Committee, reports the Bill without amendment.

 

1. Report of the Portfolio Committee on Justice and Constitutional Development on the Jurisdiction of Regional Courts Amendment Bill [B 48B-2007] dated 17 September 2008.

 

The Portfolio Committee on Justice and Constitutional Development, having considered the Jurisdiction of Regional Courts Amendment Bill [B 48B-2007] and the proposed amendments of the National Council of Provinces (Announcements, Tablings and Committee Reports, 25 June 2008, p 1425), referred to the Committee, reports the Bill with amendments [B 48C-2007].

 

1. Report of the Portfolio Committee on Defence on the National Conventional Arms Control Amendment Bill [B 45 – 2008] (National Assembly– sec 75), dated 17 September 2008:

The Portfolio Committee on Defence, having considered the  subject of the National Conventional  Arms Control Amendment Bill [B 45 – 2008] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism  as a section 75 Bill, reports the Bill with amendments [B 45A - 2008].

 

1. Report of the Portfolio Committee on Minerals and Energy on the

National Radioactive Waste Management Agency Bill [B 41 – 2008] (National Assembly – sec 75), dated 17 September 2008:

The Portfolio Committee on Minerals and Energy, having considered the subject of the National Radioactive Waste Management Agency Bill [B 41 – 2008] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B 41A – 2008], and presents the National Radioactive Waste Disposal Institute Bill [B 41B - 2008].

 

1. Report of the Portfolio Committee on Trade and Industry on the Consumer Protection Bill [B19B – 2008] (National Assembly – sec 76), dated 16 September 2008:

 

The Portfolio Committee on Trade and Industry, having considered the subject of the Consumer Protection Bill [B19B – 2008] (National Assembly – sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B19C – 2008].

 

FRIDAY, 19 SEPTEMBER 2008

 

ANNOUNCEMENTS

 

National Assembly and National Council of Provinces

 

The Speaker and the Chairperson

 

1.       Assent by President in respect of Bill

 

1. South African Judicial Education Institute Bill [B 4D – 2007] – Act No 14 of 2008 (assented to and signed by President on 12 September 2008).

 

2.         Introduction of Bill - correction

 

The introduction of the Financial Management of Parliament Bill [B 74 – 2008] (National Assembly – proposed sec 76(1)) in the ATC of 18 September 2008 was incorrectly placed under the heading “Portfolio on Communications”. It should have read “Portfolio Committee on Finance“.

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.         The Minister of Defence

 

1. Report and Financial Statements of the Armaments Corporation of South Africa Limited (ARMSCOR) for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 58-2008].

 

2.         The Minister of Finance

 

1. Report and Financial Statements of Sasria Limited for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.

 

1. Report and Financial Statements of the Development Bank of Southern Africa for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.  

 

1. Report and Financial Statements of the Development Bank of Southern Africa Development Fund for 2007-2008, including the Report of the Independent Auditors on the Financial Statements of The Fund for 2007-2008.

 

1. Report and Financial Statements of the Financial Services Board (FSB) 2007-2008, including the Report of the Auditor-General on the Financial Statements for 2007-2008 [RP 139-2008].

 

COMMITTEE REPORTS

 

National Assembly

 

1.         The following report replaces item 5 under “Committee Reports” on page 1716 of the Announcements, Tablings and Committee Reports dated 18 September 2008:

 

Report of the Portfolio Committee on Trade and Industry on the Consumer Protection Bill [B19B – 2008] (National Council of Provinces – sec 76), dated 16 September 2008:

 

The Portfolio Committee on Trade and Industry, having considered the subject of the Consumer Protection Bill [B19B – 2008] (National Council of Provinces  – sec 76), referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill, reports the Bill with amendments [B19C – 2008].

 

1. Report of the Portfolio Committee on Minerals and Energy on the Mine Health and Safety Amendment Bill [B 54 - 2008] (National Assembly – sec 75), dated 18 September 2008:

 

The Portfolio Committee on Minerals and Energy, having considered the subject of the Mine Health and Safety Amendment Bill [B 54 - 2008] (National Assembly – sec 75), referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill, reports the Bill with amendments [B54A – 2008].

 

MONDAY, 22 SEPTEMBER 2008

 

ANNOUNCEMENTS

 

National Assembly and National Council of Provinces

 

The Speaker and the Chairperson

 

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

 

(1)    Bills passed by National Assembly on 22 September 2008:

 

1. Jurisdiction of Regional Courts Amendment Bill [B 48D – 2007] (National Assembly – sec 75).

 

1. Renaming of High Courts Bill [B 5B – 2008] (National Assembly – sec 75).

 

1. Liquor Products Amendment Bill [B 22B – 2008] (National Assembly – sec 75).

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.         The Minister of Finance

 

(a)     Report and Financial Statements of the South African Reserve Bank for 2007-2008, including the Report of the Independent Auditors on the Financial Statements for 2007-2008.

 

1. Report and Financial Statements of Vote 12 - Statistics South Africa for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 12 for 2007-2008 [RP 126-2008].

 

(c)     Report and Financial Statements of the Independent Regulatory Board for auditors for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008.

 

2.         The Minister of Transport

 

(a)      Report of the Regulating Committee of the Airports Company of South Africa and Air Navigation Services Company for 2007-2008.

 

1. Report and Financial Statements of the South African National Roads Agency Limited for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 104-2008].

 

(c)     Report and Financial Statements of the South African Search and Rescue Organisation (SASAR) for 2007-2008.

 

(d)    Report and Financial Statements of the Road Traffic Management Corporation for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 103-2008].

 

3.         The Minister of Communications

1. Report and Financial Statements of Vote 25 – Department of Communications for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 25 for 2007-2008 [RP 247-2008].

 

4.         The Minister of Public Works

 

Report and Financial Statements of the Independent Development Trust for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2007-2008 [RP 154-2008].

 

5.         The Minister for Justice and Constitutional Development

 

1. Proclamation No R.35 of Government Gazette No 31394 dated 4 September 2008: Referral of matters to existing Special Investigating Unit and Special Tribunals, in terms of the Special Investigation Units and Special Tribunals Act, 1996 (Act No 74 of 1996).

 

1. Proclamation No R.36 of Government Gazette No 31394 dated 4 September 2008: Referral of matters to existing Special Investigating Unit and Special Tribunals, in terms of the Special Investigation Units and Special Tribunals Act, 1996 (Act No 74 of 1996).

 

6.         The Minister of Science and Technology

 

1. Report and Financial Statements of Vote 31 – Department of Science and Technology for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 31 for 2007-2008 [RP 200-2008].

7.         The Minister for Agriculture and Land Affairs

 

1. Report and Financial Statements of Vote 28 – Department of Land Affairs for 2007-2008, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 28 for 2007-2008.

 

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