Hansard: Debate on the Auditor General's Report (102*)(Theme: “Achieving Operational efficiency in the use of public funds and delivery of services to our people”) / Transport Laws Repeal Bill / Motions: NCOP
House: National Council of Provinces
Date of Meeting: 01 Nov 2010
Summary
No summary available.
Minutes
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
TUESDAY, 02 NOVEMBER 2010
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
________________
The Council met at 14:02.
The Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
The CHAIRPERSON OF THE NCOP: Hon members, just before we proceed, I have been informed that we have a delegation of Members of Parliament from the National Council of Namibia. They are visiting the Parliament of South Africa on a study tour. Their leader is hon Johnny Haikela Hakaye, whom I know very well. Hon Johnny Haikela Hakaye and I are members of the Pan-African Parliament. I will ask them to stand so that we can see them. [Applause.] Thank you very much.
If the staff can assist, maybe they should sit somewhere there. They are going to have a great difficulty to see what is happening from there. May you please get my guests to sit here? You must always remember that, please.
NOTICES OF MOTION
Start of Day
NOTICES OF MOTION
Mr D A WORTH: Chairperson, I give notice that I shall move at the next sitting of the Council:
That the Council-
(1) notes-
(a) the shocking and barbaric incident at Pelonomi Hospital, the largest hospital in the central region in Mangaung, Free State province;
(b) a 35-year-old female doctor was assaulted and raped on Saturday whilst doing her rounds at the neonatal section of the hospital;
(c) three men hit the female doctor in the face with a brick and raped her in the hospital;
(d) the victim has had to undergo surgery for face and head injuries;
(2) further notes that –
(a) the result of the assault and rape is that doctors and personnel are frightened to work at night at hospitals;
(b) doctors and staff have long complained about the poor and nonexistent security; and
(3) takes drastic steps to improve the security situation at the hospitals.
I so move. Thank you.
Mr M W MAKHUBELA
Mr D A WORTH
Mr M W MAKHUBELA: Chairperson, I give notice that I shall move at the next sitting of the Council:
That the Council debates the rights that foreign nationals enjoy, and legal protection that is afforded to them under the Immigration Act, which Home Affairs and others are obliged to implicitly carry out.
I so move.
Mr K A SINCLAIR
Mr M W MAKHUBELA
Mr K A SINCLAIR: Chairperson, Chairperson, I give notice that I shall move at the next sitting of the Council:
That the Council debates the R2,5 billion spent by SA Social Security Agency, Sassa, on contractors just for the distribution of grants, which could be used to relieve poverty, as well as the R10 billion not properly accounted for by Sassa in the annual report.
I so move.
Mr S H PLAATJIE
Mr K A SINCLAIR
Mr S H PLAATJIE: Chairperson, Chairperson, I give notice that I shall move at the next sitting of the Council:
That the Council debates and considers, as an option, the researchers' recommendation of the use of HIV/Aids home-testing kits by individuals who prefer such to having to visit the nearest available clinic.
I so move, Chairperson.
Mr M J R DE VILLIERS
Mr S H PLAATJIE
Mr M J R DE VILLIERS: Chairperson, I give notice that I shall move at the next sitting of the Council:
That the Council debates the rate of unemployment and what it means to all South Africans.
I so move.
Mr M H MOKGOBI
Mr M J R DE VILLIERS
Mr M H MOKGOBI: Chairperson, I give notice that I shall move at the next sitting of the Council:
That the Council-
(1) notes that in its efforts to enrich and reward its officials disguised as consultants through the looting of state resources in the municipalities that it controls, the DA spends millions of rand on consultants that are proving useless or do less than half of the work they are hired to do;
(2) further notes that in the City of Cape Town, the former chief consultant, who was fired for inaccurately projecting and miscalculating the costs of the bus rapid transit system, BRT, costing the city billions of rand, was later given a handshake of R3 million and has since been replaced with another consultant who is paid far higher than the municipal manager; and
(3) takes this opportunity to condemn in the strongest possible terms this repulsive looting of state resources, especially at a time when the city builds open toilets and neglects the provision of basic necessities to the communities in the townships.
I so move.
Mr S D MONTSITSI
Mr M H MOKGOBI
Mr S D MONTSITSI: Chairperson, I give notice that I shall move at the next sitting of the Council:
That the Council-
(1) notes that President Jacob Zuma made the biggest reshuffle of an executive since 1994;
(2) further notes that the configuration of the executive is part of the ANC government's effort to strengthen the functioning of government and advance the ANC's commitment to move faster in changing the lives of our people in South Africa;
(3) takes this opportunity to congratulate the new Ministers in their new deployment; and
(4) conveys its well wishes to the outgoing Ministers who have served the ANC and the people of South Africa with utmost dedication and commitment.
I so move.
Ms E C VAN LINGEN
Mr S D MONTSITSI
Ms E C VAN LINGEN: Chairperson, I give notice that I shall move at the next sitting of the Council:
That the Council-
(1) notes that poverty in Africa is directly influenced by the economic choices made by its leaders who, unfortunately, have clearly chosen economic growth and development for their own pockets;
(2) requests that the ruling party –
(a) faces the realities of poverty in this country, taking full responsibility for poverty after their 16 years of reign;
(b) develops an effective economic policy and implement it immediately to create the 5 million jobs for all the people that the President has promised; and
(c) immediately provides deadlines for action to be taken against corrupt officials and public representatives who, through their greed, make all our people poorer.
I so move.
MOTIONS_WITHOUT_NOTICE
Ms E C VAN LINGEN
CONFEDERATION OF AFRICAN FOOTBALL AFRICAN WOMEN'S CHAMPIONSHIP
(Draft Resolution)
Ms D Z RANTHO: Chairperson, I move without notice:
That the Council-
(1) notes that the Confederation of African Football African Women's Championship, which is hosted by South Africa and features eight of the best African women's soccer teams, started on Sunday, 31 October 2010;
(2) further notes that our national women's team, Banyana Banyana, won their first game in Daveyton where they played against Tanzania, and
(3) takes this opportunity to congratulate Banyana Banyana and wish them well in the tournament.
I so move.
Motion agreed to in accordance with section 65 of the Constitution.
Mr D BLOEM
Ms D Z RANTHO
BREAKDOWN OF MUNICIPAL SERVICES
(Draft Resolution)
Mr D V BLOEM: Chairperson, I move without notice:
That the Council-
(1) notes that-
(a) two weeks ago the Moqhaka Municipality reported 1 000 cases of diarrhoea;
(b) at least 350 people were treated in hospital, because they drank either untreatable or untreated water;
(c) it was also reported that 500 children were sent home after 100 pupils, who allegedly drank contaminated water, became sick;
(2) further notes that the town now relies on local farmers in Kroonstad for its water supply;
(3) notes that Kroonstad will also be without electricity because it has an unsettled Eskom bill running into millions;
(4) further notes that what is happening in the Free State is happening in other parts of the country and that a clear trend is emerging; and
(5) acknowledges that the system of municipal services is breaking down and that the situation in Gauteng, Free State, Mpumalanga and elsewhere is dire.
I so move. [Interjections.]
The CHAIRPERSON OF THE NCOP: Is there any objection to the motion?
HON MEMBERS: Yes!
The CHAIRPERSON OF THE NCOP: In light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of a motion.
Ms B V MNCUBE
Mr V BLOEM
RENAMING OF MORWERWE PRIMARY SCHOOL AFTER TSIETSI MASHININI
(Draft Resolution)
Ms B V MNCUBE: Chairperson, I move without notice:
That the Council-
(1) notes the renaming of Moroeroe Primary School in Soweto after Teboho Tsietsi Macdonald Mashinini, a student activist who played a pivotal role in the organisation of the 16 June 1976 protest against Afrikaans as a compulsory medium of instruction in schools; and
(2) takes this opportunity to congratulate the school management and the Department of Basic Education for keeping the name and aspirations of Tsietsi Mashinini alive.
I so move.
Motion agreed to in accordance with section 65 of the Constitution.
Mr D D GAMEDE
Ms V MNCUBE
SENSELESS MURDERS IN MARIANNHILL AND SHONGWENI
(Draft Resolution)
Mr D D GAMEDE: Chairperson, I move without notice:
That the Council-
(1) notes with utter dismay and a deep sense of sorrow –
(a) the senseless and brutal slaying and massacre of family members in Mariannhill, Durban, KwaZulu-Natal, on Thursday, 28 October 2010; and
(b) the murder of six family members in Shongweni, about 10km from Mariannhill, on Tuesday morning, 26 October 2010;
(2) further notes that the police have since identified some of the gang members involved in the killing of the six family members in Shongweni;
(3) takes this opportunity to condemn in the harshest possible terms such senseless, inhuman and cruel acts;
(4) congratulates the police for working tirelessly to bring the perpetrators to justice; and
(5) conveys its heartfelt condolences to the families of the deceased.
I so move.
Motion agreed to in accordance with section 65 of the Constitution.
Mrs N W MAGADLA
Mr D D GAMEDE
ROBBERY AT PENSION PAYPOINT IN NDWEDWE
(Draft Resolution)
Mrs N W MAGADLA: Chairperson, I move without notice:
That the Council-
(1) notes with utter contempt the robbery of a pension paypoint of about R1,5 million by a gang of 15 armed robbers at Ndwedwe, about 50km from Durban in KwaZulu-Natal;
(2) further notes that six of the robbers were shot dead in a shoot-out with police, and a large sum of the money was recovered;
(3) takes this opportunity to condemn in the harshest possible terms the increasing targeting of pension paypoints by vicious and brutal criminals who leave pensioners emotionally traumatised; and
(4) congratulates the police for their swift and determined efforts to track these heartless criminals.
I so move.
Motion agreed to in accordance with section 65 of the Constitution.
Mr A LEES
Mrs N W MAGADLA
SAFETY CONCERNS ABOUT USE OF TARA KLAMP
(Draft Resolution)
Mr A LEES: Chairperson, I move without notice:
That the Council-
(1) notes with concern that the Tara Klamp, which is extensively used by the KwaZulu-Natal provincial Department of Health to circumcise thousands of men, has been shown to be unsafe and to have caused a wide range of complications in trials conducted at Orange Farm;
(2) further notes that, despite the disastrous results of the Orange farm trials, the KwaZulu-Natal Department of Health continues to use the Tara Klamp, thus putting the health of thousands of men at risk; and
(3) therefore calls upon KwaZulu-Natal's Department of Health to immediately cease the use of the Tara Klamp as a tool for circumcision and to only use the forceps-guided method until full clinical tests have been successfully done on alternative methods of circumcision to prove their safety and efficacy.
I so move.
The CHAIRPERSON OF THE NCOP: Is there any objection to the motion?
HON MEMBERS: Yes!
The CHAIRPERSON OF THE NCOP: In light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of a motion.
Mr A WATSON
Mr A LEES
CABINET RESHUFFLE
(Draft Resolution)
Mr A WATSON: Chairperson, I move without notice:
That the Council-
(1) notes the reshuffle of the Cabinet by President Zuma;
(2) welcomes any move to improve service delivery, including the implementation of positive changes in the executive;
(3) congratulates hon Mildred Oliphant, the former House Chairperson of the NCOP, on her appointment as a Minister; and
(4) notes with sincere regret that, yet again, no permanent delegate of this House was considered for appointment to the executive.
I so move. [Laughter.]
The CHAIRPERSON OF THE NCOP: Is there any objection to the motion?
HON MEMBERS: Yes!
The CHAIRPERSON OF THE NCOP: In light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of a motion.
Mr A J NYAMBI
Mr A WATSON
VISIT OF DEPUTY PRESIDENT TO NTUNDA VILLAGE IN NKOMAZI
(Draft Resolution)
Mr A J NYAMBI: Chairperson, I move without notice:
That the Council-
(1) notes that on 30 October 2010, Deputy President Kgalema Motlanthe led a government delegation, including several Ministers and the Premier of Mpumalanga, Mr D D Mabuza, to Ntunda Village in Nkomazi Local Municipality in Mpumalanga, where they visited several households as part of government's war on poverty campaign;
(2) further notes that many villagers raised several concerns about unemployment, skills development, the lack of access to primary health care and their desire to start their own projects in subsistence and commercial farming; and
(3) takes this opportunity to congratulate the Deputy President and his delegation on this important visit which resulted in the launch of the new water purification plant to address the water needs of the Ntunda village community in Nkomazi municipality.
I so move.
Motion agreed to in accordance with section 65 of the Constitution.
Mnr W FABER
Mr A J NYAMBI
VICTORY OF SHARKS' IN CURRIE CUP FINAL
(Draft Resolution)
Afrikaans:
Mnr W F FABER: Voorsitter, ek stel sonder kennisgewing voor:
Dat die Raad-
(1) kennis neem dat die Sharks-rugbyspan die naweek die Westelike Provinsie in die Curriebeker finaal te Durban in die "Shark Tank" oortuigend – soos natuurlik voorspel is – geklop het met 'n allemintige 30 punte teenoor 10; en
(2) voorts kennis neem dat die Sharks-rugbyspan ook in 2008 die Curriebeker gewen het en nou weer die trotse houers van die gesogte Curriebeker is.
Ek stel so voor.
English:
The CHAIRPERSON OF THE NCOP: Is there any objection to the motion?
HON MEMBERS: Yes!
The CHAIRPERSON OF THE NCOP: In light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of a motion.
Mnr C J DE BEER
Mnr W F FABER
DEVELOPMENT OF SOLAR POWERPLANT AT UPINGTON
(Draft Resolution)
Afrikaans:
Mnr C J DE BEER: Voorsitter, ek stel sonder kennisgewing voor:
Dat die Raad-
(1) die Noord-Kaap regering gelukwens met die ontwikkeling van 'n sonkrag-aanleg naby Upington;
(2) kennis neem van die enorme rol wat hierin gespeel is deur die Departement van Energie en Minister Dipuo Peters, voormalige Premier van die Noord-Kaap provinsie;
(3) besef dat dit nog 'n poging is om krag aan ons mense te verskaf, veral langs die Oranjerivier en in ons provinsie; en
(4) voorts besef dat Suid-Afrika hiermee 'n nuwe era in kragvoorsiening betree.
Ek stel so voor.
Voorstel goedgekeur ooreenkomstig artikel 65 van die Grondwet.
Mr F ADAMS
Mnr C J DE BEER
EIGHTY MURDERED IN KHAYELITSHA TAVERN
(Draft Resolution)
English:
Mr F ADAMS: Chairperson, I move without notice:
That the Council-
(1) notes with utter dismay the ruthless and inhuman assassination of 80 patrons in the tavern known as Chillers, or Tuka's place, in Khayelitsha's H section in the Western Cape;
(2) further notes that two people, including one of the shooters, died in this inhuman and horrific incident when a number of gunmen armed with AK-47s stormed into a packed tavern and sprayed bullets at the patrons;
(3) takes this opportunity to convey its heartfelt condolences to the families of the deceased; and
(4) calls on the police to ensure that the perpetrators of this ruthless and cold-blooded crime are brought to justice.
I so move.
Motion agreed to in accordance with section 65 of the Constitution.
The CHAIRPERSON OF THE NCOP: Mr De Villiers, I am going to skip you; you had a chance earlier on. Remember, the time for motions has expired. I am just using my discretion to take the three hands this side and will close motions thereafter.
Mr J M G BEKKER
The CHAIRPERSON OF THE NCOP
BRITISH TOUR OF SA RUGBY TEAM
(Draft Resolution)
Mr J M G BEKKER: Chairperson, I move without notice:
That the House-
(1) notes that the SA rugby team will leave South Africa to play Ireland in Dublin on Saturday;
(2) further notes that the SA rugby team will also play Wales, Scotland and England before they play the Barbarians at Twickenham as a final match; and
(3) wishes them good luck and gives all the support to make South Africa proud once again.
Motion agreed to in accordance with section 65 of the Constitution.
Mr T BEYLEVELDT
Mr M G BEKKER
RECOGNITION OF WESTERN CAPE AS BEST PROVINCIAL ADMINISTARTION IN COUNTRY
(Draft Resolution)
Mr T BEYLEVELDT: Chairperson, I move without notice:
That the Council-
(1) notes that the DA-run Western Cape has comprehensively outperformed other provincial administrations to be identified as the best provincial administration in the country, with every provincial department and public entity receiving unqualified audits for the 2009-10 financial year;
(2) also notes that, after four years in the DA's administration, the City of Cape Town has, for the second time, been voted the best city in Africa and the Middle East in the Condé Nast Traveller 2010 Readers' Choice Awards; and
(3) further notes that Western Cape municipalities were awarded 15 out of the 25 Blue Flag Beach Awards for security, education, nature conservation, quality of sea water and general appearance of beaches.
I so move.
The CHAIRPERSON OF THE NCOP: Is there any objection to the motion?
HON MEMBERS: Yes!
The CHAIRPERSON OF THE NCOP: In light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of a motion.
Ms M W MAKGATE
Mr T BEYLEVELDT
TRANSPORTATION PROBLEMS FACED BY STUDENTS WRITING FINAL EXAMINATION
(Draft Resolution)
Ms M W MAKGATE: Chairperson, I move without notice:
That the council-
(1) notes with serious contempt that learners of the Konani Pfunzo Combined School, a farm school located along the N1 between Beitbridge and Musina in Limpopo, are forced to travel over 100km to Biaba township to write their National Senior Certificate examination because the school is not registered with Umalusi;
(2) further notes that the farm owner and the Department of Basic Education are currently engaged in a blame game on who has to take responsibility for the utter disregard of the educational needs of learners who are subjected to the harsh and laborious walk on a daily basis when they are expected to write their crucial final exams; and
(3) calls on the Minister of Basic Education and the MEC for Education in Limpopo province to intervene and ensure that learners are immediately given transport to travel to the school until the situation is resolved.
I so move.
Motion agreed to in accordance with section 65 of the Constitution.
Mr C J DE BEER
Ms M W MAKGATE
REVISED FISCAL FRAMEWORK
(Consideration of Report of Select Committee on Finance thereon)
Mr C J DE BEER: Chairperson, this is an historic occasion for this House today. The House will be dealing with a report of the Select Committee on Finance on the Revised Fiscal Framework, as tabled by the hon Minister of Finance last week on 28 October 2010. It is a first for the NCOP.
What is very important is that we must look and evaluate where we come from, that is since 22 April 2009, when the people of South Africa made a decision and gave a mandate to a specific political party, the ANC - to which I belong and am proud of - to govern South Africa [Applause.] What does the ANC say in the manifesto on which the people of South Africa took a decision on 22 April 2009?
The main thrust of fiscal policy, which is countercyclical and expansionary in approach, is designed to best address main policy goals. The policy goals include the creation of decent work, sustainable livelihoods, education, health, rural development, food security, land reform, enhancing safety and security, enhancing the human settlement philosophy and programmes, and local government that address the needs of the people. This is the policy, as defined in that manifesto on page 21. It is in light of this that the Minister of Finance tabled the Revised Fiscal Framework to take South Africa forward.
Coming back to the report of the committee, the Select Committee on Finance conducted its work in terms of section 12(5) of the Money Bills Amendment Procedure and the Related Matters Act of 2009, which reads:
If the Minister has tabled a Revised Fiscal Framework, it must be referred to a Joint Sitting of the Committees on Finance, in the NCOP and the National Assembly for consideration.
The committees received the briefing from the Minister of Finance and the Department of Treasury on 28 October 2010 and deliberated on the Revised Fiscal Framework on 29 October 2010. The two timeframes, Parliament's programme and the timeframes in the Act, do not gel very well. Parliament will have to review the parliamentary programme from January to December in such a way that committees do the work that has to be done as the Money Bills Act requires.
South Africa did not escape the effect of a global economic downturn. Our fiscal policy stance of the previous years assisted us to get through the economic crisis better than countries in Europe like Spain, Greece and Italy. Even America is still battling. A countercyclical fiscal policy stance is crucial to both long-term growth and sustainability in public finances. The real gross domestic product, GDP, growth accelerated to a rate of 3,9% in the first half of this financial year. Expansion in fiscal and monetary policies and lower inflation supported this growth.
The unemployment rate is high: it's 25,3%. The question is how do we utilise the present growth rate and projected growth rate of 3,5% in 2011 and 4,4% in 2013 to create jobs for our people? That is the challenge. We can learn from a country like Brazil that created 2 million jobs since 2006. China, India and Brazil are developing economies that are leading the economic growth at this stage in the world.
It will require a change of mindset of each of us in this country, together with government's target of a 7% growth rate over 10 years to create 5,5 million jobs. We will have to work harder and smarter, and stringent control over government's spending will be required. An economic climate has to be created for ordinary citizens to save more money.
The committee observed that the consolidated government deficit is projected to decrease from 6,3% of GDP in the 2010-11 financial year to 3,2% of the GDP in the 2013-14 financial year. It further noted that the projected reduction in government deficit was driven, amongst other things, by the strong uptake in the revenue and the stabilisation in noninterest spending.
National Treasury indicated that growth in expenditure will need to moderate as debt service costs increase over the Medium-Term Expenditure Framework, MTEF. National Treasury undertook to continue pursuing a countercyclical fiscal policy that will aim to grow revenue while gradually reducing noninterest stimulus spending. However, while meeting growth expectations, it is important to keep the fiscal trajectory on a sustainable path.
The committee noted that revenue, as a percentage of the GDP, is increasing at a rate of 0,2% per year over the next three years. Over the same period, expenditure is expected to decline at a rate of 0,4%, 0,5% and 0,5% respectively. As revenue increases and expenditure decreases, the budget deficit is projected to decrease gradually to 0% in the 2018-19 financial year.
Over the MTEF period, government departments are requested to reprioritise programmes in order to be efficient and effective. In view of the 2010 audit outcomes by the Auditor-General on various government departments, this calls for more stringent control measures on expenditure and prudent financial management. The committee recognises that the revenue-sharing formula of the Southern African Customs Union, Sacu, is currently under review and that Sacu's council will meet in December 2010 to resolve this matter. The committee accepts that this revision should be done carefully, without jeopardising the economic stability in member countries. The committee noted that, over the long term, higher economic growth will support debt reduction and enable government to rebuild the fiscal space.
The committee noted that the 2010 Medium Term Budget Policy Statement, MTBPS, estimated that the debt amount will be approximately 40% of GDP in 2015-16 financial year.If the economy experiences another recession and the level of debt is higher than projected in the 2015-16 financial years, the committee foresees major challenges. While the MTBPS indicated that the exact level of debt will largely depend on the pace of economic growth, the committee is of the view that there is still an element of economic uncertainty. However, the committee fully endorses the fact that the economy is currently in a solid position.
In conclusion, the committee would like to commend National Treasury for the fact that South Africa came first in the world in a budget transparency survey conducted by the International Budget Partnership. We are number one in the world. This achievement resulted from years of commitment to the reform of the budget system towards greater transparency and potential for accountability and participation. Based on its deliberations, the committee recommended that National Treasury should take appropriate steps aimed at reducing the level of debt at a faster rate, in order to further create an economic cushion in the event of another economic recession in the near future. National Treasury should provide a detailed report to the committee on how government intends to guarantee fiscal stability, including a contingency plan in the case of a double-dip recession. This report should be submitted to Parliament within 45 days after its adoption by the House, and National Treasury should provide a detailed report to the committee on the impact of a zero rating value-added tax on books on the fiscal framework. Finally, National Treasury should resolve issues pertaining to Sacu's revenue-sharing formula as a matter of urgency.
Chairperson, we put this report to the House for adoption. I thank you. [Applause.]
Debate concluded.
The CHAIRPERSON OF THE NCOP: I shall now put the question. The question is that the report be adopted. As the decision is dealt with in terms of section 65 of the Constitution, I shall now first ascertain whether all delegation heads are present in the House. Are you present?
HON MEMBERS: Yes.
The CHAIRPERSON OF THE NCOP: In accordance with Rule 71, I shall first allow provinces the opportunity to make their declaration of vote if they so wish. Is there any province that wishes to do so? None. We shall now proceed to the voting on the question. I shall do so in alphabetic order per province. Delegation heads must please insert their cards before I call the voting. Please press button number one to confirm your presence. There should be lights flashing. Are your lights flashing? If not, the Chamber staff will assist you; just raise your hand. I see there are new members in the House. That is why I am going through this process.
I can see a member there who has a problem. Can the staff help? We shall now come to the voting. When I call the name of the province, the delegation heads will vote by pressing number four for those voting in favour, button number two for those voting against and button number three for those who choose to abstain. I am now calling the provinces.
Eastern Cape?
Free State?
Gauteng?
KwaZulu-Natal?
Limpopo?
Mpumalanga?
Northern Cape?
North West?
Western Cape?
Have all the provinces voted? If any of the members have mistakenly pressed the incorrect button, please press the correct button to correct your vote. Voting is now closed. Could the table staff submit the report, please? All nine provinces voted in favour. I therefore declare the report adopted in terms of section 65 of the Constitution.
Mr M P SIBANDE
The CHAIRPERSON OF THE NCOP
TRANSPORT LAWS REPEAL BILL
(Consideration of Bill and of Report of Select Committee on Public Services thereon)
Mr M P SIBANDE: Chairperson and hon members, the Department of Transport commissioned the SA Law Commission to undertake the task of revising the South African Statute Book with a view of identifying and providing recommendations for the repeal or amendment of legislation that is inconsistent, redundant or obsolete in terms of the equality clause in the Constitution of the Republic of South Africa.
The SA Law Commission, in partnership with the Department of Transport, conducted research about transport legislation and established that there are 2 800 Acts in the Statute Book. Of these, 218 were identified as Acts administered by the Department of Transport. The results of the research indicated that there are some statutes administered by the Department of Transport that needed to be repealed completely, while others needed to be repealed partially. The repeal processes affected a total of 51 Acts. At the same time, certain provisions of 14 Acts were to be repealed. The committee had to consider the fact that certain Acts and provisions were at odds with the Constitution and their purpose was no longer relevant to the new democratic order.
These Amendment Bills must be viewed in the context of the government policy that seeks to ensure integrated services. One of the main ways to achieve this is ensuring that we do not have legislation that will hinder these processes and ultimately slow down the processes of transformation. As far back as 1995, discussions took place to ensure that the future transport system in the new democratic dispensation had as its emphasis a sound publicly owned transport system that functioned well and provided quality services to our people.
We should note that the progress over the past 15 years has led to substantial improvement in the transport system, which has ensured greater safety, efficiency and affordable transportation. This momentum constituted a conscious and dedicated effort to ensure not only better service delivery, but, equally, ways to address the creation of decent jobs within the sector. This Amendment Bill is in accordance with these broad principles.
In addressing the objectives of the Bill, it seeks to repeal a number of redundant or obsolete laws. The Bill contains two Schedules. Schedule 1 lists Acts that may be repealed in their entirety. These Acts were enacted for a specific purpose, which has been achieved, and, currently, they need to be repealed. Schedule 2 seeks to repeal certain provisions of the laws listed therein that, as a consequence of Schedule 1, have become obsolete.
The Department of Transport presented the Bill to the committee and placed in context what informed the crafting of the Bill. The committee noted that Schedule 1 listed Acts that needed to be repealed in their entirety, whilst Schedule 2 listed laws where only certain provisions needed to be repealed. The Select Committee on Public Services, having considered the Transport Laws Repeal Bill, unanimously adopted the Bill without amendments. Members expressed their satisfaction and unanimously approved the motion and report supporting the Bill.
In conclusion, the Bill has progressed in line with the drive towards ensuring better administration of the transport system and strategic goals of the department as outlined in the Medium Term Strategic Framework. In this regard, this Bill seeks to lay the basis for new legislation and transport policy processes to ensure safe, reliable and efficient public transport. It should build a process of infrastructure momentum and create decent jobs and a caring economy. Having considered the Transport Laws Repeal Bill, which was referred to it by the National Assembly, the Select Committee on Public Services supported the Bill without amendments. Thank you. [Applause.]
Debate concluded.
The CHAIRPERSON OF THE NCOP: I shall now put the question. The question is that the Bill be agreed to. In accordance with Rule 63 of the Constitution, I shall first allow political parties to make their declaration of vote, if they so wish. Is there any party that wants make a declaration? None. We shall now proceed to the voting on the question. Those in favour, please press button number four. Those against, please press button number two. Those who abstain, please press button number three. Remember, you're all voting now, not just the heads of delegates.
Have all members voted? In case there is any member who has mistakenly pressed an incorrect button, he or she should please press the correct button now. Voting is closed. The staff members will then give me the records of voting. I hope that staff members have noticed that the IT system is not working well, or else the members don't know how to use the voting system.
I therefore declare the Bill agreed to in accordance with section 75 of the Constitution.
Mr M H MOKGOBI
Mr M P SIBANDE
DRAFT DISASTER MANAGEMENT VOLUNTEER REGULATIONS AND EXPLANATORY MEMORANDUM ON OBJECTS OF THE REGULATIONS
(Consideration of Report of Select Committee on Cooperative Governance and Traditional Affairs thereon)
DRAFT REGULATIONS ON PARTICIPATION OF MUNICIPAL STAFF MEMBERS AS CANDIDATES FOR NATIONAL, PROVINCIAL AND MUNICIPAL ELECTIONS
(Consideration of Report of Select Committee on Cooperative Governance and Traditional Affairs thereon)
Mr M H MOKGOBI: Chair, the Draft Disaster Management Volunteer Regulations and Exploratory Memorandum on the Objectives of the Regulations are regulations that are in terms of section 59 of the Disaster Management Act, Act 57 of 2002, which deals with the establishment of a unit of volunteers to participate in disaster management in a municipal area.
The regulations empower the Minister of Cooperative Governance and Traditional Affairs in a case of a disaster, whether man-made or natural. The allowance is to bring in volunteers in an area hit by a disaster. The observation of the committee is that it is satisfied, and the inputs were consolidated. Therefore, the committee makes a recommendation to the House to approve that the regulations and memorandum be made effective.
The Draft Regulations on the Participation of Municipal Staff Members as Candidates for National, Provincial and Municipal Elections are in terms of section 71(a) of the Local Government Municipal Systems Act, Act 32 of 2000, as amended in 2008. This provision of the Act empowers the Minister to prescribe limits and conditions in the form of regulations for all municipal staff members, who during election period stand to be elected into public office.
In terms of these proposed regulations, a municipal staff member will be deemed to have resigned from his or her employment from the date of occupation, on a full-time basis, of the designated public office, either in the national Parliament, provincial legislature or municipal council. The observation of the committee is that the regulations make the election impartial. Therefore the committee agrees and recommends the regulations to this House for approval, because they are important. I thank you. [Applause.]
Debate concluded.
The CHAIRPERSON OF THE NCOP: Order! I shall now put the question in respect of the Third Order. The question is that the report be adopted.
In accordance with Rule 71, I shall allow the provinces the opportunity to make their declaration of vote if they so wish. Is there any province that wishes to do so?
Mr D V BLOEM: Chairperson...
The CHAIRPERSON OF THE NCOP: Yes, Mr Bloem.
Mr D V BLOEM: Is there no time for declarations?
The CHAIRPERSON OF THE NCOP: But I just said so.
Mr D V BLOEM: It's a short one, Chairperson.
The CHAIRPERSON OF THE NCOP: Do you want to make a declaration?
Mr D V BLOEM: Yes, please, sir.
The CHAIRPERSON OF THE NCOP: Continue. [Interjections.]
Mr D V BLOEM: The question is why did the... [Interjections.]
The CHAIRPERSON OF THE NCOP: Order, order, Mr Bloem! Yes, hon Chief Whip.
The CHIEF WHIP OF THE COUNCIL: Chairperson, on a point of order: can we check whether hon Bloem is going to make that declaration on behalf of the Free State and whether he has a mandate from the Free State province to do so?
The CHAIRPERSON OF THE NCOP: Oh, yes. By the way, thank you for that correction.
Mr D V BLOEM: The Free State gave me the permission, Chair. [Interjections.] It's a question... or I'll change it to a question then.
The CHAIRPERSON OF THE NCOP: Let me just check with the head of the delegation. Does Mr Bloem have a mandate for that? [Interjections.] You do not have a mandate. Unfortunately, it is a provincial issue, a section 65 matter.
Mr D V BLOEM: It was just a small question, Chair.
The CHAIRPERSON OF THE NCOP: We now proceed to the voting. When I call the name of the province, the delegation head will vote by pressing button four for those who vote in favour, button two for those who vote against, and button three for those who abstain.
Eastern Cape?
Free State?
Gauteng?
KwaZulu-Natal?
Limpopo?
Mpumalanga?
Northern Cape?
North West?
Western Cape?
Have all provinces voted? If you have made a mistake, you have a chance to correct your voting. The voting is closed. I will call the staff to give me the results. All nine provinces voted in favour. I therefore declare the report adopted in terms of section 65 of the Constitution.
I shall now put the question in respect of the Fourth Order. The question is that the report be adopted. In accordance with Rule 71, I shall first allow provinces an opportunity to make their declarations of vote. Is there any province that wants to do so? No.
We now come to the voting. By now you know the process, and you can vote. I shall now call the provinces.
Eastern Cape?
Free State?
Gauteng?
KwaZulu-Natal?
Limpopo?
Mpumalanga?
Northern Cape?
North West?
Western Cape?
Have all provinces voted? If you have voted wrongly, it is time to correct your vote, and the voting is closed. The staff will give me the results. All nine provinces voted in favour.
I therefore declare the report adopted in terms of section 65 of the Constitution.
The Council adjourned at 14:58.