Hansard: National Transport Month DebateTheme:” Building A Reliable & Safe Public Transport Network” / Sectional Titles Amendment Bill / Deeds Registries Amendment Bill: NCOP

House: National Council of Provinces

Date of Meeting: 25 Oct 2010


No summary available.







The Council met at 14:00.

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

Notices of Motion

Start of Day


Ms M P THEMBA: Chairperson, I hereby give notice that at the next sitting of the Council, I shall move:

That the Council-

(1) notes that 19 October 2010 marked the 33rd anniversary of Press Freedom Day in South Africa, a day when the apartheid regime took a decision to suppress any dissenting voice by muzzling and suppressing the freedom of the media to prevent reporting on the political suppression and abuse of the majority of the people of South Africa;

(2) further notes that the ANC remained at the forefront of the fight for press freedom, as a central feature of the fight for liberation of the people of South Africa against the shackles of apartheid, political suppression and socio-economic marginalisation;

(3) acknowledges that almost 16 years since the demise of apartheid in South Africa the ANC-led government has led a quest to create an environment free of oppression, persecution and repressive legislation where the freedom of the press and other essential elements such as freedom of expression and freedom of speech form the cornerstone of our constitutional democracy, are guaranteed and are protected by the Constitution of the Republic of South Africa;

(4) further acknowledges that the ANC's call and commitment to engaging the media and other media formations such as the press, ... [Time expired.]

The HOUSE CHAIRPERSON (Mr R J Tau): Hon member, unfortunately, your time has expired. Your motion will be printed on the Order Paper in full.



Mr M C MAINE: Chairperson, on behalf of the ANC, I hereby give notice that at the next sitting of the Council I shall move:

That the Council-

(1) notes that embattled Cope sank into deeper waters yesterday when its president announced the suspension of his deputy president Mbhazima Shilowa, party national organiser Mluleki George and the parliamentary administrator Lolo Mashiane;

(2) further notes that in the Western Cape, Cope structures are calling for the provincial executive committee under the leadership of Mbulelo Ncedana, which is aligned to the now suspended Cope deputy president, to be disbanded; and

(3) takes this opportunity to make a clarion call to all those who left the ANC to come back home where they belong.




Mr D B FELDMAN: Chairperson, I give notice on behalf of Cope that at the next sitting of the Council I shall move:

That the Council debates the failure of the ANC executive to understand the constitutional imperative and inviolability of the separation of powers as demonstrated by, in this instance, the Minister of State Security's trying to push the ad hoc committee to approve the Protection of Information Bill, even though it clearly appears to the ad hoc committee to be unconstitutional.




The CHIEF WHIP OF THE COUNCIL: Chairperson, I give notice that at the next sitting of the Council I shall move:

That the Council-

(1) notes, with utter disdain, reports that the South Gauteng leader of the DA, Dot Corrigan, receives two salaries from two different municipalities in the province, one as a councillor in the City of Johannesburg, and the other as an official and senior municipal director in the DA-run Midvaal Municipality;

(2) further notes that when asked about the two salaries in light of vast unemployment, Corrigan dismissed the queries as professional jealousy; and lastly

(3) takes this opportunity to condemn in the strongest possible terms the blatant looting of public funds and the silence of the DA, which has taken the moral high ground on issues of good governance, but clearly shows its bias and inability to deal with this self-enrichment and looting of public funds.



Mr K A SINCLAIR: Chairperson, I give notice on behalf of Cope, ... [Interjections.]

Hon MEMBERS: Which one?

Mr K A SINCLAIR: The real one. [Laughter.]

Mr K A SINCLAIR: ... that at the next sitting of the Council I shall move:

That the Council debates the failure of the SABC-ANC board ...

[Laughter.] Sorry!

... the SABC board and its chairman to fulfil its fiduciary and statutory responsibilities and obligations, leading to the SABC's floating as a rudderless ship unable, amongst other things, to broadcast a football match between South African national side and Mali, and failing in many other regards on account of poor governance, possible political interference and absent leadership.



Mr S S MAZOSIWE: Chairperson, I hereby give notice that at the next sitting of the Council I shall move:

That the Council-

(1) notes reports that the flagging Cope is broke and battling to raise funds for its upcoming national elective conference, scheduled to be held in the Free State in two weeks' time;

(2) further notes that –

(a) infighting over leadership positions between interim president MosiuoaLekota and deputy president Mbhazima Shilowa, as well as the abuse of party-allocated funding through political allegiance, has alienated potential funders and divided the membership of Cope into groups of those against or for Lekota and Shilowa; and

(b) five months after the aborted Centurion conference, where delegates representing the warring factions caused damage worth an undisclosed amount of money, Cope is yet to settle the more than R2 million bill for the St George's Hotel; and

(3) takes this opportunity to call on those who left or were misled into leaving the ANC by disgruntled individuals and power mongers who could not accept the internal democratic processes of the ANC, to come back and rejoin the nations' quest to advance the lives of the people of South Africa led by the ANC government.



Mr Z MLENZANA: Chairperson, I hereby give notice on behalf of Cope that at the next sitting of the Council I shall move:

That the Council debates the shocking announcement by the Hawks that it will unilaterally call off the investigation into the arms deal ... –

the arms deal!-

... in the face of a specific request by Parliament to continue the probe, and especially as the French, German and English authorities have now been uncovering important information which would have been useful in the probe.



Mr M W MAKHUBELA: Chairperson, I hereby wish to give notice on behalf of the "real" Cope ... [Laughter.] ... that at the next sitting I shall move:

That the Council debates the advisability and propriety of using part of the Police budget to fund purchases of luxury vehicles for numerous senior officers, while at the same time allowing them the use of police vehicles.



Mr D A WORTH: Chairperson, on behalf of the DA I hereby wish to give notice that at the next sitting of the Council I shall move:

That the Council-

(1) wishes all the learners writing their matric examinations the best of luck; and

(2) acknowledges that the matriculants of today will be the leaders of the nation in the future, and therefore wishes all learners writing their exams good luck.



Mr S H PLAATJIE: Chairperson, I hereby wish to give notice on behalf of Cope that at the next sitting of the Council I shall move:

That the Council debates the extent to which the Minister of housing has made concrete and visible his statement during his budget debate that, "Housing is not just about building houses" but that, "It is ... about transforming our residential areas and building communities with closer access to work and social amenities, including sports and recreation facilities".




(Draft Resolution)

Mrs A N D QIKANI: Chairperson, I move without notice:

That the Council -

(1) notes with utter dismay and serious contempt reports that the Mpumalanga Department of Agriculture has failed to distribute 85 tractors worth an estimated R34 million;

(2) further notes that the tractors donated by President Jacob Zuma were part of a R500 million government Masibuyele eMasimini programme which seeks to provide black farmers with hi-tech farming equipment;

(3) takes this opportunity to condemn in the harshest possible terms such a degree of irresponsible and reckless usage of public funds and undermining of the President's commitment to fighting rural poverty, food insecurity and unemployment; and

(4) calls on the Mpumalanga Premier and the responsible MEC to ensure that this incident is investigated and that those responsible are made to take full responsibility.

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




(Draft Resolution)

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

That the Council -

(1) notes that a head-on crash on Saturday, 23 October, killed 19 people and injured seven when a bakkie hit a minibus taxi in Eastern KwaZulu-Natal;

(2) further notes that the driver of the bakkie allegedly failed to negotiate a bend and collided head-on with the minibus taxi;

(3) acknowledges that road crashes, exacerbated by irresponsible driving and unroadworthy vehicles, continue to rob our nation and many families of mothers, fathers, brothers, sisters and children;

(4) takes this opportunity to convey its profound condolences to the families of those who lost their lives and wishes a speedy recovery to those injured; and

(5) declares its support for the festive season safe driving programmes and initiatives by declaring, "Stay alert, stay alive!"

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




(Draft Resolution)

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

That the Council -

(1) notes that the South African Police Service indicates that 80% of crimes committed in South Africa's third most populous township, Motherwell in Port Elizabeth, are alcohol-related;

(2) further notes that Motherwell, which is located approximately 20 km from Port Elizabeth, 3 km from Coega and 20 km from Uitenhage has 106 licensed taverns and hundreds of illegal shebeens, which has resulted in more cases of violent crime, robbery, drunk driving, and disorderly arrests; and

(3) takes this opportunity to call on the local police station and Provincial Commissioner, as well as the Metro Police, to reclaim the area from criminal elements who display an utter disregard for the rule of law and the constitutional rights of community members.

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




(Draft Resolution)

Mr A LEES: Chairperson, I move without notice:

That the Council -

(1) notes that the ANC Youth League has failed to deliver the wheelchairs to the Ikhwezi Lokusa School for children with disabilities;

(2) also notes that more than a year after promising these presently disadvantaged children that they would receive wheelchairs, no wheelchairs have been delivered;

(3) further notes that the leader of the ANC Youth League, Julius Malema, until recently received protection from the state that cost millions of rand and was paid for by taxpayers;

(4) condemns the unfulfilled promise of wheelchairs made to disadvantaged children, a promise that seems to have been made more for political gain than for the benefit of these desperate children; and

(5) therefore calls upon the ANC Youth League to immediately make good on its promise to supply wheelchairs to the poor children at the Ikhwezi Lokusa School and cease to make idle promises simply for political gain, which are hurtful to the very people they purport to assist.

In the light of the objection, the motion may not proceed and therefore becomes notice of a motion.




(Draft Resolution)

Mr D D GAMEDE: Chairperson, I move without notice:

That the Council-

(1) notes that the people of KwaZulu-Natal should be clear that the DA does not walk the talk, after their KwaZulu-Natal leader was exposed as someone who is not honest, even with his wife and two daughters;

(2) further notes that John Steenhuisen must not be redeployed to National Parliament but must step down to show remorse for his infidelity with another DA official; and

(3) notes the silence of the media on issues that touch the DA.

In the light of the objection, the motion may not proceed and therefore becomes notice of a motion.




(Draft Resolution)

Mnr W F FABER: Voorsitter, ek stel sonder kennisgewing voor:

Dat die Raad-

(1) kennis neem dat die Sharks-rugbyspan die naweek teen die Westelike Provinsie (WP) in die Curriebeker-eindstryd in Durban, in die Shark Tank [Haaitenk] speel;

(2) verder kennis neem dat die Sharks-rugbyspan die afgelope paar jaar bewys het dat hulle die span is om mee rekening te hou;

(3) onthou dat die Sharks in 2008 die Curriebeker gewen het en weereens nie sal teleurstel nie;

(4) ook kennis neem dat die Sharks se spelpyl die afgelope jaar van die hoogste gehalte was en ons verwag ook hierdie jaar niks anders teen die WP nie; en

(5) die Sharks-rugbyspan alle sterkte toewens met hulle kragmeting teen die WP in die Shark Tank [Haaitenk].

In the light of the objection, the motion may not be proceeded with. The motion without notice therefore becomes a notice of a motion.




(Draft Resolution)

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

That the Council-

(1) notes that a pregnant 21-year-old woman was raped and severely assaulted when she, her partner and their 2-year-old son were attacked and robbed at Mabula Game Farm near Ladybrand in the Free State;

(2) takes this opportunity to condemn in the harshest possible terms this inhuman act of criminality which has left the woman and her family with lifelong trauma; and

(3) calls on the police and community to ensure that these heartless criminals are brought to book to face the full might of the law.

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




(Draft Resolution)

Mr A G MATILA: Chairperson, I move without notice:

That the Council-

(1) notes that Eric Ndlovu, a 20-year-old matriculant from Orange Farm, south of Johannesburg, drowned in a swimming pool at Fun Valley, outside Eldorado Park, after a matric farewell party only two days before the start of the National Senior Certificate Examinations;

(2) further notes that Ndlovu was declared dead on the scene after he was found on the bottom of the swimming pool;

(3) acknowledges that this event has shattered the Ndlovu family, his fellow learners, friends and the school; and

(4) takes this opportunity to convey its profound condolences to the Ndlovu family and calls on all matriculants, parents and schools to exercise more caution when planning any matric farewell function and to prearrange emergency personnel or police to ensure that tragic incidents such as this one are prevented.

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




(Draft Resolution)

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

That the Council-

(1) notes that two weeks ago a father was sentenced in the Paarl Regional Court to 50 years in prison for raping his 19-year-old daughter;

(2) further notes that-

(a) the sexual abuse and physical violation and abuse of the daughter started when she was 13 years old, she eventually ran away from home in September 2008, and a missing persons picture was placed in a local newspaper; and

(b) despite her suffering, the courageous young woman completed her matric and moved out of the area to start a new life; and

(3) takes this opportunity to condemn this incident in the harshest possible terms and pay homage to the daughter who courageously fought against being trapped into being a victim by fighting back for justice.

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




(Draft Resolution)

Mr M P SIBANDE: Chairperson, I move without notice:

That the Council-

(1) notes that road accidents caused more than 30 deaths and several pedestrians were critically injured across South Africa over the weekend, as stated by the Ministry of Transport on Sunday;

(2) further notes that among the South Africans who lost their lives over the weekend was 15-year-old Mpho Nyembe from Alexandra in Johannesburg who was killed in a road accident where eight other pedestrians - five pupils, a 35-year-old woman with a toddler strapped to her back, and her 10-year-old son - were critically injured after being hit by a car driven by a 16-year-old Highlands North Boys' High School learner who had taken his parents' car without their permission;

(3) takes this opportunity to convey its profound condolences to the families of those who lost their lives and wishes those injured a speedy recovery; and

(4) calls on all South African road users to be responsible as we approach the festive season by showing its support for the festive season drive safely programmes and initiatives by declaring "Stay alert, stay alive!"

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




(Draft Resolution)

Mr M C MAINE: Chairperson, I move without notice:

That the Council-

(1) notes that last Sunday, 24 October, was United Nations Day - a day which marked the 65th anniversary of the entry into force of the United Nations Charter in 1945;

(2) further notes that the United Nations was established after World War II in order to maintain international peace and promote cooperation in solving international economic, social and humanitarian problems;

(3) acknowledges that the United Nations has made profound progress in facilitating co-operation in international law, international security, economic development, social progress, human rights and achievement of world peace; and

(4) takes this opportunity to extend and reaffirm its profound support for this great organisation that has become the founding father of global humankind and the voice of marginalised communities and individuals across the globe.

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




(Draft Resolution)

Mr A J NYAMBI: Chairperson, I move without notice:

That the Council-

(1) notes with profound sadness another incident involving a motor vehicle and a train at a level crossing in the Western Cape, where a woman was killed when the car in which she was travelling collided with a train packed with commuters near Paarl;

(2) further notes that this incident has taken place less than two months after 10 children died when the taxi they were in collided with a train at the Buttskop level crossing in Blackheath and barely two weeks after the province held a provincial summit under the banner of LeadSA to look at the elimination of accidents at level crossings across the province; and

(3) takes this opportunity to convey its profound condolences to the family of the deceased woman and reiterates its call for Metrorail and the Department of Transport to move with speed with programmes to secure unguarded level crossings that continue to claim the lives of South Africans.

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




(Draft Resolution)

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

That an ad hoc joint committee be established in terms of Joint Rule 138, subject to the concurrence of the National Assembly, the committee to–

(1) consider the Code of Judicial Conduct and the Regulations on Judges' Disclosure of Registrable Interests tabled on 20 October 2010 in terms of the Judicial Service Commission Act (No 9 of 1994);

(2) conduct public hearings in accordance with the provisions of the Act;

(3) consist of 9 members of the National Council of Provinces and 14 members of the National Assembly, as follows: ANC 8, DA 2, Cope 1, IFP 1 and other parties 2;

(4) exercise those powers in Joint Rule 32 that may assist it in carrying out its task;

(5) report to the Council by 16 November 2010.

I propose further, Chair, that members who serve in the Ethics Joint Committee deal with the matter and report back to the House.

Question put: That the motion be agreed to.

The HOUSE CHAIRPERSON (Mr R J Tau): As the decision is being dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the House to cast their provinces' votes. Are all delegation heads present?


The HOUSE CHAIRPERSON (Mr R J Tau): We shall now proceed to voting on the question. I shall do this in alphabetical order by province. Delegation heads must please proceed with the electronic processes by inserting their cards and dealing with the procedural matters. If your machine or card is not working, can you indicate by a show of hands so that you are assisted?

We now come to the voting. I call upon the provinces: Eastern Cape? Free State? Gauteng? KwaZulu-Natal? Limpopo? Mpumalanga? Northern Cape? North West? And Western Cape? Have all the provinces voted? If any of the members have mistakenly pressed the incorrect button, please press the correct button now. Also, if you voted manually and you did it incorrectly, you now have the opportunity to correct that.

I now declare the voting closed. Could the table staff submit the results? All nine provinces voted in favour. I therefore declare the question agreed to.

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





(Subject for discussion)

The MINISTER OF TRANSPORT: Chairperson, members of the NCOP, distinguished guests, ladies and gentlemen, good afternoon. I must start by expressing my sincere sympathy and condolences to the family and relatives of the 19 people who were killed last Saturday, in a head-on collision between a minibus taxi and a bakkie at Franklin near Kokstad in KwaZulu-Natal and to the family of the 15-year-old Mpho Nyembe from Alexandra in Johannesburg, who was killed in a senseless schoolboy prank on Friday, 22 October. We wish all those injured a speedy recovery.

A few weeks ago we stopped 750 vehicles at a road block on the main road entering East London in the Eastern Cape. Out of those 750, in 438 vehicles some of the drivers were found to be drunk! I was there and it was between 09:00 and 11:00 in the morning! The drivers of 438 vehicles were found to be drunk, not wearing seatbelts, or driving stolen or unlicensed vehicles, or taxis without the relevant permits. If this is the picture in just one province and one municipality, we have a serious problem indeed. It is why we are experiencing so many accidents and deaths on our roads.

The roadblocks we are manning are meant to make our roads safer. To date, since 1 October 2010, more than 914 000 vehicles have been stopped through the new National Rolling Enforcement Plan, NREP. By the end of this week we will have exceeded our target of one million cars per month, and we are not going to stop. We are going to intensify the new NREP, by stopping one million cars per month, until South Africans start to behave.

Our agency, the Road Traffic Management Corporation, RTMC, has a multimedia project which we are rolling out in some schools in South Africa. It is a multimedia project which we intend expanding. We intend having more road safety lessons in it, targeting Grade 11 and 12 learners in preparation for their learner driver's licence. We have already signed a memorandum of understanding with the Department of Basic Education in regard to this matter. We have already started the process of resuscitating the Junior Traffic Training Centres, as well as allowing children to have practical exposure to road safety.

As indicated above, road safety lessons will be taught under Life Skills in all our schools. We are in the process of developing learning materials and working with some private sector industries in putting together different types of modules. This will assist our efforts to reduce road traffic crashes.

In our Budget Vote this year we articulated the importance of the implementation of effective and sustainable road and rail infrastructure networks and services. So, with our students, we want to have a situation where, when they get their matric certificates, there is a matric certificate in the one hand and a driver's licence in the other. The days should be gone where we classify ourselves as a fast-developing country, yet we have 25-year-olds who can't ride a bicycle, can't ride a horse, can't swim, and can't drive a car. What sort of a developed country is that?

While the role of transport in our economy is well documented, our people are also aware of the importance of transport from their everyday experiences. They go to work, to school, to hospitals and to visit friends and relatives. The presence or absence of an efficient public transport system can be a matter of life and death to a terminally ill person in the rural parts of our country. Transport affects all spheres of our development and human endeavours.

As government, we must show we care about the huge impact that transport has on the lives of our people, as well as on our economic growth and development. Our ability to spearhead growth and development will therefore be partly measured by our success in providing or failure to provide a transport system consistent with the demands of our economy.

For this reason, I want to make a brief reference to the National Household Travel Survey 2003. According to the survey, 38 million citizens live in households with no access to a car; 14 million learners walk to school; 13,7 million citizens use public transport as least once a week; and 7 million workers and learners use public transport.

Furthermore, there are 10 million vehicles in South Africa, but only 7 million licensed drivers. If we have 7 million licensed drivers, the logical question we must ask is: Who drives the other 3 million vehicles? It is quite clear, however, that despite the growth in motor vehicle use, public transport and walking are still the predominant lifeline forms of mobility for the vast majority of South Africans.

Hon members, it is against this backdrop that in March 2007 Cabinet approved the Public Transport Strategy and Action Plan 2007-2020. This was in order to create a lasting legacy of public transportation in South Africa.

The strategy consists of upgraded model fleet facilities, stops and stations; extended hours of operation to between 16 and 24 hours; peak frequencies of 5 to 10 minutes; off-peak frequencies of 10 to 30 minutes; and an hourly night service. Its targets are that 85% of all residents in urban areas will be within one kilometre of the rapid public transport network by 2020; that there will be safe and secure operation monitoring by intelligent transport system control centres; that there will be electronic fare integration and single ticketing when making transfers; that there will be an integrated feeder service, including walking, cycling and taxi networks; and that there will be a car-competitive public transport option which enables strict peak period car use management.

These plans, ladies and gentlemen, require efficient planning, skilled manpower, and funding mechanisms. This approach comprises the Metrorail Rail Priority Corridors and the Gauteng Rapid Rail Link, as well as Bus Rapid Transit Corridors. It also includes the recapitalisation and regulation of taxi services. The three spheres of government are already working closely together to ensure the speedy implementation of this plan.

The Bus Rapid Transit, BRT, buses are already operating in the City of Johannesburg and in Cape Town. The department has advanced with BRT plans with metropolitan cities and related provinces, and BRT plans are advanced in the Mangaung, Polokwane, Rustenburg, Mbombela and Buffalo City municipalities.

In line with our public transport strategy and plan, we also have to interrogate the machinery of our road-based public transport in order to develop a national passenger road plan. The plan is now servicing our framework for the integration of the road-based public transport system. Most importantly, it serves as a guide in transforming the subsidised commuter bus regime into an integrated road-based public transport system.

Chairperson, apartheid's spatial distance must become a thing of the past in a democratic South Africa. In this regard, our public transport strategy also stresses greater emphasis on the improvement of passenger rail services, which are both short- and long-distance services. Our plan is centred on reducing the kilometre distance to time or travelling distance. The journey from Johannesburg to Durban should not be measured in terms of kilometres any more. It takes one hour by air, six hours by car and 12 hours by train to travel from Johannesburg to Durban. It takes 2 hours by air, almost 13 hours by car and almost 20 hours by train from Johannesburg to Cape Town.

Yet if one uses the EuroStar, it takes about 2 hours from London to Paris or Brussels. The distance of over 2000 km from Beijing to Shanghai, which is scheduled for completion in 2012, will take about three hours by high speed train.

Chairperson, there was a time when it was said with some pride that there was no hurry in Africa. There was a time when we lived in splendid isolation from the rest of the world. If we persist with the prevailing notion that there is no hurry in Africa, then the world is going to pass us by. If doing business and moving people and goods in South Africa takes forever, the world is going to pass us by. Throughout the world today people and goods move with speed. The slow strive to become faster, and the faster strive to be faster still, yet our long-distance rail in South Africa has stood still.

Our National Transport Master Plan 2005-2050 should therefore move from being a plan to an operation. Our emphasis on passenger rail services is premised on the fact that this is a prime mass mover of our people, particularly workers who commute daily between areas of work and their residences. It makes sense therefore that an efficient rail system would massively assist in the resolution of our public transport problems.

Cabinet has also approved the National Passenger Rail Plan, which is our initiative to secure the future of commuter rail by applying the priority corridor strategy to the rail network throughout the country. The intention is to extend rail service to areas previously not covered and to improve the efficiency of the existing passenger rail lines. Here we have funding challenges for refurbishment of rolling stock and purchasing of new coaches. A committed funding of R16 billion to improve our passenger rail system in the next three years could ease the situation but additional funds are required.

In the past four years, as a department we have had a series of challenges with regard to rail security. Scenes of vandalism, cable theft and vandalism of property have featured prominently at our rail platforms. Special attention has been given to improving security measures within the railway environment. This strategy includes a co-operative agreement with the South African Police Service to invest in security-related infrastructure. To date, the construction of police stations at the Cape Town, Durban, Retreat, Bellville and Philippi stations has been completed.

With the reintroduction of the railway police, we have seen a significant drop in crime on our trains, as well as at our train stations. Crime has been cut down by more than 38% to date. The move to rail does not mean we must abandon our road network. We are merely seeking to implement the appropriate balance of people and goods on both road and rail. In this regard, the Road Infrastructure Strategic Framework for South Africa identified six critical areas for intervention if our roads are to serve as catalysts for required development.

There are one Minister of Transport, nine provincial MECs, and the municipal mayors, who each have responsibility for sections of the 750 000 km of our country's road network. Yet an ordinary South African does not care whether a road in a rural area is owned and maintained by the local authority or by the national authority. All they want is that the road must be usable, whether it is raining or not. We have the capacity in the developed authorities, coupled with limited or no capacity at the developing authority level.

The other area which is as critical is the development and maintenance of information and decisions in support systems. Information about the state of a road is very important in determining what maintenance work is required and when this should be done. To give a quick illustration, we know that about 80% of our road network is now older than the 20-year design life. This is based on information from 64% of the roads, primarily national, provincial and in some cities - only 4% of municipal information was obtainable in this exercise.

The biggest challenge with our roads is that by the time a problem is visible on the surface, it means we are somewhat late with remedial action. On the other hand, when the road is deteriorating without showing the stress on the surface, we often do not see the need to make the necessary interventions. For this reason, we have now agreed as Cabinet and Treasury that there will be dedicated funding for road maintenance right across the board from national and provincial to local.

In a context such as ours, where there are competing demands on the fiscus, this competition leads to inadequate allocations and delays, which ultimately means we intervene when it is too expensive to do so. This is often prompted by the outcry about potholes, as we have recently witnessed. I encourage all participants to learn from these lessons.

Most industries in South Africa face globalisation and transformation challenges but the South African transport and logistics industry faces its own peculiarities that impact on the country as a whole. This industry comprises tens of thousands of individual truck and bakkie owners, as well as some of South Africa's largest conglomerates. These all experience reliability and cost efficiency challenges. They are faced with assets that struggle across inadequate roads, rail and port infrastructure. Rail and port services are integral to all freight transport and logistics companies, whether bulk or parcel.

The road versus rail debate has raged since the early 1990s. The spiral, however, started long before that, when maintenance budgets were cut and investment decisions deferred. The downward spiral started when customers started moving off rail. Fewer customers meant less revenue on some routes. This, in turn, made it difficult to justify continued investment and maintenance on infrastructure. Poor infrastructure resulted in poor service and drove even more customers away. The cycle continues.

Ladies and gentlemen, it is only through huge investment in skills, infrastructure and our knowledge base that our transport system can drive our economy upwards.

Lastly, to our matric learners, we wish that as they sit for their examinations the road will rise to meet them. Thank you very much. [Applause.]

The HOUSE CHAIRPERSON (Mr R J Tau): Thank you very much, hon Minister. May I just to bring to the attention of the House the fact that the Minister has disinvested in his response time?



Mr M P JACOBS: Chairperson, hon Chief Whip and hon Minister of Transport – all protocol observed – our theme today is: "Building a reliable and safe public transport network". This theme should be adopted as our Bible in the Department of Transport, and should be religiously adhered to, because it is our guide. The theme explains the gist of what we should be doing, which needs the

co-operation of all roads users.

Reliability means that our transport should be consistent in executing its job, meaning consistently and without failure ferrying passengers on time from point A to point B. Our trains and buses should be timekeepers for the ordinary man on the street. Our passengers should have confidence in the services, knowing quite well that they will arrive on time wherever they are being ferried.

Safety means passengers board our buses and trains knowing that their lives are safe. Drivers at all levels should obey the rules of the road and take the interests of their passengers to heart. They must be sensitive, respectful and courteous in their operations. Passengers can take a nap in our modes of transport knowing that they will arrive at work or at home safe. This is the kind of transport system we envisage in our country, but also, the success of our transport system depends on the good infrastructure that we should have.

This debate comes at a time when research is showing that the carnage on our roads is increasing. The most recent carnage occurred at Kokstad over the weekend. Our roads have become death traps. The lives of our people have become cheap. Road hogs have lost respect for the sanctity of life. It is now the norm for a human being to become a statistic of road accidents. Those passengers were family members en route to their workplace, but their lives were cut short by irresponsible road users. We cannot go on like this. We need to do something drastic. We need to give those transgressors little place to hide. One life lost is one life too many.

A recent survey shows that most of the road accidents have been caused by drivers having alcohol as a substance in their blood. Six out of ten drivers who die in accidents have a high level of alcohol in their blood. An investigation into substance abuse has indicated that 50% of truck drivers and 30% of taxi drivers had been drinking or smoking marijuana when the accidents occurred. Our people are dying, but we are paralysed and simply ball watching.

During this transport month we must encourage all drivers to obey the rules and laws of the road in order to reduce road accidents. We need to encourage taxi drivers and their associations to act responsibly to save the lives of their clients. They need to inculcate confidence in their industry. We cannot create lawlessness in this country by condoning the actions of irresponsible drivers. We need to be decisive, strict and on the offensive for the road hogs and transgressors.

We also have to look at ourselves. Some of our traffic officers are corrupt and demand bribes for issuing driver's licences and not issuing fines for traffic offences. It has become difficult for an ordinary person to make reservations for learner's licence and driver's licence tests because those officers demand exorbitant amounts for the jobs they are supposed to be doing for free. We need to encourage whistle-blowers and have the assistance of the Hawks, if we do not want to have a corrupt country.


Hayi-ke Ngqongqoshe wethu, mawusebenze umthetho, futhi mababoshwe.


We are prepared to amend laws to give stiff penalties. Let us make road offences treasonable offences.

We applaud the national and Gauteng governments for having introduced the Gautrain, which has become a reliable rail network system. We urge the government to extend this facility to Soweto, Mamelodi, Sebokeng, Matlosana and KwaThema. That is where the majority of our people are. This facility should also be extended to places like Khayelitsha, KwaMashu, Mangaung and KwaZakhele because these are the places where our people need it most. Let us not forget that those are the people who put us into power.

We also applaud the Rea Vaya bus system which was introduced during the FIFA World Cup. We urge that the challenges which bedevilled this industry should be addressed as a matter of urgency, because it should be a reputable transport system. This facility must also be extended to other provinces. We also cannot allow the MyCiTi bus transport system in Cape Town to be a white elephant, because these buses are ferrying "ghosts" to and from the airport - they run almost empty. Let us redirect that service to where it is needed. I thank you. [Applause]

The HOUSE CHAIRPERSON (Mr R J Tau): Hon members, would you please not consult your speakers' lists, because the one that I have here will not necessarily be the same as the one that you have.

Mr R V CARLISLE(Western Cape)


Mr R V CARLISLE: (Western Cape): Thank you, Chair, and also thank you to the Whippery for allowing me to move my position; otherwise I would be in some trouble in the Other Place.

It's an important privilege to be allowed to address you on this subject and also to be here with my hon national Minister. I do want to go to the heart of these kinds of problems. This is transport month. Hon Jacobs was speaking, and I am going to be just a little naughty with something he said. He said, "If you travel on the train, you can take a nap." I want to tell you it is impossible to take a nap if you catch a train from Khayelitsha to Cape Town or from Mabopane to Pretoria, because you are standing up, you are squeezed, you are late and you are travelling in circumstances that are an offence to your human dignity.

That is really where I want to focus the discussion, because this is an issue that transcends party-political divides. It's got nothing to do with party-political divides. It's about hard decisions that we as a nation have to make.

Let me say this. When we think of public transport, we should think first of those people who have no alternative but public transport. There are many other people that we think of in addition to these, in regard to public transport. How can we get Mr Smith out of his car and into the train or the bus? Yes, that's important! But what is really important are the people who live in the southeast of Cape Town, who have no alternative but the train or the taxi or the bus. They must be our first responsibility and our public transport system must first be a people's public transport system. That has to be the key priority.

That is the argument, and I want to use this opportunity, which is a very special one for me, to speak to all nine provinces. I really want to try to convince you that our first responsibility – and it's not an easy responsibility, as I will spell out in a moment – must be a people's public transport service. It doesn't have to be very fancy, but it has to have those things that are important.

Tomorrow I will be travelling in to work from Kuyasa, and I do this frequently. I talk to the people on the train, when you can get near them. You know, those trains are so overcrowded. The hon Minister has made reference to this. In fact, he said in this very place some months ago:

Unless we invest heavily in those trains, in Metrorail, there will be no train service in any city in South Africa in the next ten years.

We must take heed of those words, and I'm going to come to them.

When you ask people, they say, first of all, the two things that they need most from trains are safety and predictability. That is, not just safety on the trains or on the buses, but safety coming to the transport interchange and going from their destination to their work, and then going back home again afterwards. So, it is not just safety on public transport, but also coming to it. Secondly, transport should be predictable, so that we should not have a situation as we have in Cape Town, as we have in Tshwane, and as we have elsewhere, where the vast majority of people coming to work by public transport are late each day and it's not their fault. So, it must be predictable, it must be on time and it must be safe.

We need also to remember that because we have upside-down cities created by apartheid, where the poor and those most in need of transport most often live furthest from the city centre or from the places of work, we have a particular problem in this regard. This is really where I seek to gain support for a hard decision from the National Council of Provinces.

The hon Minister has spoken, as have many others, about the success of the Gautrain, and the intention to replicate the Gautrain, perhaps from Johannesburg to Durban, or whatever case may be.

The hon Minister has spoken about his deep concerns about the roads and the necessity to create a road fund on which we can draw. The hon Minister has also spoken of his deep concerns about Metrorail. At the same time periphery roads are being built, particularly in Gauteng, at a cost of over R65 billion. These roads will be tolled but at the end of the day someone has to pay for them.

Then there is long-distance rail. We would like to see a lot of money going into that. Also, the Bus Rapid Transit System, the BRT, this one here, which has not been without its difficulties, will cost us R5 billion by the time it is finished.

The hard decision that we have to face as nation is that while all of this is happening, tax revenues are dropping like that, and social network requirements are rising. The simple fact of the matter is that we cannot afford all those good things. We can only afford some of those good things. The hard decision we have to make as a nation is: Which good things can we afford, and which can we not afford at this time? Maybe sometime in the future, when we have a growth rate of 15%, like China, or 8%, like India, we can afford them then, but there are some things we cannot afford now.

What I am terrified of is that we will invest in luxuries and neglect the people's public transport. Taking this opportunity of speaking, as I say, across the nation, which is one I have very seldom, I want to ask you this, also looking at your own constituencies, wherever they may be. What decision do we, as the decision-makers of South Africa, have to come to? What is the order in which we put these things? I want to suggest to you that there are two things that come above all others.

I want to suggest this to you by way of a true story from the Tyhume Valley. In the Tyhume Valley there were once three great educational institutions, where many of the great struggle leaders were educated, and where there was prosperous farming. Now there is only one left. A friend of mine, who is anxious to get farming going again in the Tyhume Valley, and who is looking at the possibility of fragrances, in speaking to the local people there said, "We can do this. We can find funds for this." And they said to him, "You can find as much funding as you like, but in the Tyhume Valley, a bakkie won't last longer than six months, and you cannot farm without a bakkie."

I tell you this little story because, unless we can keep our roads usable, then what is true of the Tyhume Valley and of Alice is true of the whole country. We must be able to maintain our roads. We need the money to maintain our roads, and the will to maintain our roads must be very high.

The second thing is that we have to reinvest in Metrorail. In my province, you cannot operate the people's public transport without Metrorail. You can build BRTs till they come out of your ears, but you cannot operate this city of 3,5 million people without Metrorail. The same, to a great extent, is true in Johannesburg and Tshwane.

We have to rebuild Metrorail. Its coaches are so old that they are worse than the "amaphela" – believe me, they are worse than the "amaphela". There has been no significant investment in Metrorail for nearly 40 years.

So, in closing, Mr Chairman, my appeal to the provinces is this. Let us look hard at how the nation spends its money. Let us ensure, before it spends it on anything else in the transport field, that it spends it first on the people's public transport and on the people's roads. [Applause.]


Mr R V CARLISLE (Western Cape)

Mr T M KAUNDA (KwaZulu-Natal): Chairperson, hon Minister and hon members, Kwazulu-Natal, KZN, would like to extend a special word of gratitude to the national Department of Transport led by hon Mr Sibusiso Ndebele for deciding to launch the national Transport Month on 27 September 2010 in our province.

The Minister and his provincial counterpart, KZN MEC for Transport, hon Willies Mchunu, led a tour of the INK programme's underground railway station to mark the launch of Transport Month at Bridge City in KwaMashu. The Minister has rightfully emphasised the importance of rail as a key part of our transport plans into the future. We are in agreement that rail remains a pillar of our strategy towards safer roads and the reduction of crashes on our roads. The Minister has also announced that a railway-public transport link is on the cards. This project will link Durban and Johannesburg as one of the busiest corridors in South Africa. This will indeed improve the quality of our public transport.

We are also in agreement that rail is a key part of our strategy to reduce transport-related emissions into the environment, as well as to reduce our country's carbon footprint. Rail is a key part of preparing our country for this inevitable reduction and an end to fossil fuels, for which the world is also preparing.

During the national launch of Transport Month we as a province pledged ourselves to support all the programmes brought to us by the national Department of Transport. We also appreciated the fact that the Minister officiated at the opening of Transport Month three days before the start of the actual Transport Month, which gave us an opportunity to subsequently have our own provincial launch in Durban on 30 September 2010. We have since had a strong focus on all areas pertaining to transportation, namely, the user, the operator and the infrastructure, with a strong emphasis on road safety.

The province of KwaZulu-Natal has experienced an increase in the number of fatalities on our roads during the past few months up until this last weekend, which saw 19 people dying in one incident. With the festive season around the corner, some drastic measures have had to be taken. To this end, we have developed a framework which has provided an opportunity to show renewed direction on ways to achieve increased road safety outcomes and advocate a shared responsibility for road safety among all stakeholders, including government, business and society at large.

We realised that changing the road use culture might take time, and some changes are not possible without the active co-operation of multiple sectors. Hence, we have committed ourselves to creating a safe road environment by reducing road fatalities by 5% a year between 2010 and 2015. We have planned interventions in accordance with the five E's, that is, Education, Enforcement, Engineering, Encouragement and Evaluation.

Each of the three spheres of government has responsibilities in respect of the five E's on their own road networks in KZN. Each one also has functions that impact on the road networks of other spheres of government. Because of this, close co-operation is required between all spheres of government to achieve the goals set for the reduction of accidents through improved engineering that is informed by effective consultation between the province and local governments. The sharing of road development planning and engineering expertise can only be meaningful if there is proper consultation and collaboration.

The KZN Department of Transport will develop and implement programmes for improving the driving skills of new and existing drivers. Role models are emerging among truck and taxi drivers, thanks to the national driver contests which are spearheaded by the national Department of Transport and the Road Traffic Management Corporation, RTMC, as well as the provinces. We are scheduled to introduce a pilot project which will be run at selected testing stations, whereby persons who have just obtained their driving licences will be subjected to a mandatory road safety session focusing on basic road safety rules.

In support of the "1 Million Vehicle" campaign initiated by the national Department of Transport, KwaZulu-Natal has a target of 170 000 vehicles and drivers to be stopped. Between 1 and 21 October the province's statistics were as follows: the number of vehicles stopped was 110 155; the number of drivers tested for alcohol was 88 698; drivers without driving licences were 1 364; the statistic for inconsiderate driving was 27; vehicles without licences were 790; written charges were 15 307; drunk drivers were 20; the number of vehicles that were suspended was 504; and speed arrests were 9.

Other than the road safety campaigns, during the month of October the KZN Department of Transport engaged in numerous activities in various communities in the province. These activities confirm the commitment by our government to see future economic growth through efficiency in the transport sector.

We have always assured our people - even before the 2010 Fifa World Cup - that whilst our focus was more on 2010 and beyond and despite being adversely affected by the recession, we would not cut costs to the detriment of the people of our province. We have continued to provide transport infrastructure, particularly to our rural communities, against all odds. Some roads and bridges that have been completed are being handed over to the communities during this Transport Month. From 1 October to date, we have officially handed over five road infrastructure projects to the value of R314 million.

We are happy that, in line with our policy, the construction costs of these projects always remain an economic benefit to the local communities, where contractors source all materials from the area and employ all available artisans, as well as labour, from the nearby communities, using labour-intensive methods in the interest of job creation. On completion, local roads are maintained by our Zibambele Road Maintenance Programme, which is an exemplary part of the national Expanded Public Works Programme, as it is renowned for creating work opportunities for the poorest of the poor, that is, households where there is no food to put on the table, and no money for school fees – ikati lilele eziko [extremely poverty-stricken].

Allow me to conclude by thanking you for this opportunity to share with you our province's challenges and achievements. The KwaZulu-Natal Department of Transport, with its minimal funding – we must note, Chairperson, that we require more funds to deal with the backlog that there is still – is committed to creating a safe and reliable transport system throughout the province. I thank you. [Applause.]



Ms M P THEMBA: Chairperson, hon Minister, hon members, comrades and friends, today's debate comes at an opportune time, when we are approaching the much dreaded period associated with carnage on our roads. It is regrettable that the festive season, which should be a time of joy, family reunion and much needed end of the year relaxation, should turn into a period of sadness for the majority of the people in our country as a result of road accidents.

The ANC government has supported the use of safe modes of transport and the use of safe railways for our people. For example, the formation of the Passenger Rail Agency of South Africa, PRASA, was the culmination of the programme set up before 1994. In Gauteng, 600 000 people a day use the railways as a means of transport to commute to work. In Cape Town also, people use rail to commute to work.

The challenge of the late trains impacts negatively on the commuters because the late trains cause them to arrive at work late, where some employers understand the reasons for their coming late, but mostly employers do not understand the reasons for late coming, which mostly results in people being dismissed from work.

The people badly affected by a lack of railway networks are the people commuting between the far Eastern Cape and East London, where they are wholly dependent on buses and taxis. The people commuting between North West and Gauteng, and parts of Mpumalanga and Gauteng, also use buses and taxis. These are examples that indicate a dire need for rail transport.

Our commitment as the ANC to making rail transport a mode of choice for freight and passengers is due to the high number of road accidents between Polokwane and Gauteng, and Mpumalanga and Gauteng, especially during peak holiday periods like Easter Week and other festive seasons, which has triggered a lot of discussion documents within the ANC. Now is the time for action to adopt rail as the mode of transport in order to stop the road carnage between the above-mentioned areas. There are other initiatives, like the rail super highway between Gauteng and KwaZulu-Natal, which is a strategic move that should be implemented as a matter of urgency.

It is also regrettable that the taxis and buses which are responsible for transporting the majority of our population are competing with cars as culprits in causing road accidents. The only way we can reduce the high fatality rate of accidents is by making rail transport the number one choice for our people. As we are building a reliable and safe road infrastructure, as one of the main contributors to building a modern economy and achieving economic growth, we should equally be putting emphasis on road safety.

The damage of railway infrastructure due to cable theft costs the country R9 billion a year. In Gauteng, it is said, there is a businessman who makes R2 million a week from railway overhead cable theft. The demand for copper makes it lucrative for criminals to steal copper cables. The infrastructure damage results in trains being delayed and cancelled, especially in Gauteng. The cable theft challenge needs legislation to make it much harder for criminals to steal, because currently they don't take it as a serious crime to steal cables. Trains will not be punctual until the cable theft problem is resolved.

The magnitude of and the human cost associated with road accidents on a yearly basis are detrimental to the achievement of our developmental goals. If we believe that the development of road infrastructure is part of the strategies in regard to job creation, poverty eradication and ending economic marginalisation, we have to recognise the centrality of safety as one of its critical elements.

Let us not fail our people. Let us continue to implement the railway solution as the mode of transport of choice for our people. In saying so, I would like to congratulate the Gauteng government on the success of the Gautrain in reaching the 1 million mark in regard to passengers. The lesson learnt from the Gautrain is that our people are hungry for a reliable, fast and predictable mode of railway transport.

We must use the opportunity of Transport Month to focus the attention of our people on the importance of safety on the roads and also on safety at railway crossings. The latter are challenges, because people living next to the railway lines cross at any time. They use them as streets! This results in neglect of the rules for crossing railway lines. On the Transnet railway network about 150 people die on the railway lines due to this neglect, and sometimes due to deliberate action to commit suicide. The government should assist companies like Transnet by putting in police and employing local communities, who will look after the railway infrastructure.

We support the Minister's view that road safety is not what you do to a community. The task of ensuring safety on the roads is also not just that of taxis, government and business. The duty to ensure safety on our roads is everybody's business.

We recognise the work done by the Ministry of Transport and government as whole in implementing programmes to address road safety, such as the restructuring of the Road Accident Fund and transforming mode-based vehicle recapitalisation into Integrated Mass Rapid Public Transport Networks. Thank you. [Applause.]



Mr H B GROENEWALD: Chairperson, hon Minister, hon members of the NCOP, South Africa's economy relies on the fast, safe movement of goods and people.

The absence of an integrated transport policy and the lack of co-ordination amongst the different transport authorities have brought about a crisis in the South African transport sector. These factors, coupled with insufficient state funding for the maintenance of infrastructure, have resulted in a deterioration of the transport infrastructure, to the extent that it now jeopardises both the safety of the public and South Africa's economic growth prospects.

The backlogs in maintenance are as follows: there is R120 billion in the road system; R90 billion in railways; and R22 billion in the minibus taxi fleets. As far as road safety is concerned, there are more than 10 000 fatal accidents per year, which cost the country more than R40 billion every year. There are more than 12 000 South Africans who are killed each year on our roads. There is also a shortage of 10 000 traffic officers.

With regard to affordability of public transport, about 2,8 million urban dwellers, which is 13% of the urban population, cannot afford public transport. Therefore, they are forced to walk or cycle to where they need to be.

In addition, the absence of law and order in the South African transport system is contributing significantly to the reshaping of cities and the decline of central business districts.

The role of the state in the development and management of the transport system must as far as possible be limited to policy formulation, strategic planning, regulation – including of the environment - and management of allocation of subsidies for uneconomical social services, such as mass transportation on buses, trains and taxis.

The extent to which people are able to use the opportunities available to them depends on how easily they are able to move around their cities and the country. When they cannot move around freely and easily, their life chances are reduced and South Africa as a whole suffers from these lost opportunities.

South Africa has a well developed road network, but it is deteriorating, particularly in the rural areas. Our rail network is also extensive, but poor management of this sector means there are fewer and fewer trains. Taxis are cheap, but they are not safe and are uncontrolled. Thus individuals' life chances and national goals are both constrained. The department must work to address these constraints and create a seamless, well-managed and affordable transport network.

South Africa's road network infrastructure is deteriorating because of inadequate funding and rising costs of construction and maintenance. The state has increasingly relied on private concessions in dealing with this backlog, thus pricing road usage beyond what many can afford.

The department must establish a dedicated road maintenance fund, sourced primarily from the fuel levy, which will enable South Africa to eliminate the R12 billion maintenance backlog over four years. It must also ensure that all toll road concessions are considered, and that a percentage of their profits must go towards community development or a pool for subsidising rural transport. Overloading by heavy-duty vehicles is destroying our roads. There must be mobile weighbridges and measures to catch and severely punish offenders

South Africa's unacceptably high accident rate costs the economy dearly. A culture of safe driving must be entrenched through education, zero tolerance of dangerous driving, and higher driver testing and enforcement standards.

The department must in the first place recruit, train and accredit at least 2 000 traffic officers at all levels of government, to international norms and standards; introduce a massive safety drive levelled at motorists and scholars; and reintroduce compulsory basic balance of third party insurance.

Our cities and towns are increasingly congested, as a direct result of the lack of efficient and safe public transport. Taxis, which transport 60% of commuters in the country, are seen to be unsafe, and passengers often become the victims of rivalry and internal feuding. Buses, on the other hand, exist only in the larger cities and are often unreliable and in short supply. Railway services experience delays, crime, and safety problems.

The department must investigate the introduction and expansion of the bus rapid transit system, monorail, commuter light rail, and speed trains wherever feasible and sustainable.

I would like to debate airports and ports as well, but unfortunately time will not allow me to in this sitting.

In conclusion, South Africans, individuals and businesses, have had to suffer irritations, inconvenience and the costs of a wholly inadequate transport system for far too long. They deserve better.

The DA wants to see investments and processes put in place to deliver a transport system that is safe ... [Time expired.]



Mr D B FELDMAN: Chairperson, hon Minister, hon members, ladies and gentlemen, on building a reliable and safe public transport network, let me say that Road Safety.co.za this morning carried the following headlines: "Man hit by train in Kempton Park"; "Truck Side Swiped on the Highway"; "Minibus Taxi Overturns on the N2 Highway"; "Motor Vehicle Collision on Viking Way"; One Dies after a Bakkie Overturned on the N1; and N2 pile-up leaves one man injured".

Chairperson, these headlines reflect the harsh reality of life on our roads. Our problems lie with the apartheid era spatial planning. Most of our people live away from cities either in townships that are far away or suburbs on the outskirts of the cities.

Our cities do not have continuous pedestrian plazas. We have not made biking mainstreams. Trams have long gone from our cities. We certainly need a reliable, safe and affordable transport network. That a start has been made is very welcome.

Cope is asking, "Where do we go from here?" In the next 20 years, 65% of the people will be living in a city. Our transport planning must begin with the remodelling of our cities. If the majority of people can travel the distance by walking or cycling, the transport network will be easier to construct and cheaper to operate. If the majority of people, however, have to be ferried into the city and ferried away each evening, the logistics will be daunting.

In Cape Town, the MiCiTy Project is expected to lose millions because there are no incentives for people to take buses, or no disincentives for people using cars to work.

Mr Minister, when was it decided that the poor of this country – I refer to the rural poor – do not matter any more? Ministers want to promote multimillion and sometimes billion dollar projects for high speed rail and train services; but somehow they are not able to find money to fix potholes! These are the potholes that minibus taxis are faced with, as thousands of South Africans commute from the townships to their workplaces, day in and day out.

At this juncture, Cope finds it necessary to ask government about what is happening in the bicycle project. Has this project been abandoned? Is there any pilot project in any city to gauge the viability and desirability of using bicycles on a large scale? In Europe, the use of bicycles remains as popular as ever. Will the bicycle be part of the means of public transport in South Africa?

A change of mindset is absolutely essential for public transport to take off. Modal integration will not be possible as long as those with vested interests do their utmost to stall the process. Public transport contracts need to be improved and revisited. Universal access to services needs to be researched to a greater extent. The marketing of services needs more attention. Lastly, a sustainable source of funding needs to be available. I thank you.



Cllr C JOHNSON (Salga): Chairperson of the NCOP, hon Minister, hon members of the NCOP, and hon special guests, indeed, I would like to share with you the legacy that I found in KwaZulu Natal, particularly in Durban, which the Minister had left behind when I visited KZN last week.

There were no traffic jams during peak hours and there were the initiatives that the Minister took in putting food on the table for rural people. These were some of the initiatives that he took under the Expanded Public Works Programme, EPWP.

I also found the promotion of public transport, instead of the use of private cars by the city of eThekwini under their public transport campaign, the Smart Way to Travel; non-motorised transport promotion with the issuing of bicycles; road safety campaigns at public transport facilities; the launch of the Dial-A-Ride Accessible Transport for the disabled; a career expo on transport; and the issuing of free Durban People Mover passes per day.

I would like to thank all the municipalities in the country where, under the auspices of the South African Local Government Association, Salga, we promoted this as part of their budgets annually.

But what we find in South Africa at the moment is that sometimes in the remoteness of the Northern Cape, KwaZulu-Natal, and Limpopo, as well as Mpumalanga, unplanned settlements are intertwined with highways, and highways are cutting through unplanned settlements – they bisect them. Sir, 4x4s in our cities are never dirtied, but there are rusted bicycles, and also decades-old vehicles on our roads that need to provide the service. We in Salga have told ourselves that we are encouraging municipalities to do something about it.

The transport fraternity defines public transport as the provision of passenger transport services to the public for a fee. It includes buses, minibus taxis and rail in distances that are less than 200 km. I would like to appeal to the media not to call just any minibus which is in an accident a minibus taxi - please, do your research. It excludes air transport, metered taxis, tourist or charter services, and intercity long distance buses and taxis.

For any public transport to be effective, it needs to service every resident within a kilometre of their places of residence. It also needs to operate for at least 12 to 15 hours a day. It must be affordable and regular. The current public transport system does not take care of the people who most need it; and it forces those who can afford it to use private vehicles.

The poor public transport system undermines people's basic human rights, because the majority of South Africans do not have access to reliable, affordable, pleasant and clean transport that runs on time, particularly in the rural areas. For them, it is difficult to access public services such as health services, schools, police stations, welfare services, and other life opportunities such as employment and business opportunities.

Statistics from the Department of Transport's National Household Survey of 2003 indicated that more than 75% had no access to a train station and nearly 40% did not have access to a bus service. Most of these people did not have a car and were virtually stranded.

Chairperson, another factor is that of crime and safety. Numerous people raised the issue of exposure to high levels of crime in their local areas and were worried about their own and their children's personal safety whilst both waiting for and using public transport. Safety concerns were raised about the largely unregulated minibus taxis that most people are forced to rely on, in the absence of regulated public transport services. Vehicles were identified as unsafe, both because of their poor physical condition and also because of driver behaviour. This is an opportunity where we can have a joint programme between municipalities and the other spheres to address this challenge.

Government is trying to address the lack of a proper transport network through legislation and the establishment of integrated public transport networks. However, the focus seems to be on infrastructure development, not the operation of public transport. Operation of public transport involves routes, schedules, times of operation, marketing, and communication with the public.

The relatively low-density spatial design patterns of South African settlements, combined with the general attitude of the public towards use of public transport, means that the flagship public transport intervention, the Bus Rapid Transit System, BRT, will for some time be running at a low capacity, which means the cost per passenger will remain high. The services should therefore not be expected to be financially self-sustaining in the short to medium term. Municipalities should also not be expected to be the only government institutions that should carry the burden of subsidising such services.

What we need is for the National Land Transport Act to be operationalised. As a country, we continue to invest in infrastructure that is aimed at supporting private vehicle use, for example, the expansion of the road network to accommodate more vehicles. Government needs to commit in word and practice to a policy direction where the key focus is on public transport. Funding should be focused on supporting this policy direction.

Any new transport initiative – whether community-based or mainstream services such as the BRT system – should not be monitored only in regard to passenger counts and the additional vehicle kilometres, but also in regard to social welfare criteria, such as those laid out in the principles for Batho Pele and the South African Millennium Development Goals.

Lastly, we should support community level services that are urgently needed to supplement the main radial Bus Rapid Transit and new rail corridors that are being put in place. These should be routed to provide people in low-income communities with maximum ready access to work, schools, colleges, medical centres, crèches, shopping centres, and places of worship. In order to achieve this, the capacity of the state at local and regional levels to regulate the taxi industry and integrate it into a multimodal system of public transport needs to be improved.

There also appears to be a case for offering fare subsidies to low-income groups who are currently spending a disproportionately large amount of their low income on transport costs – and we know that the apartheid racial divide on spatial settlements is the cause of this. This should form part of a wider package of subsidies that welfare recipients receive from government. I thank you. [Applause.]

The HOUSE CHAIRPERSON (Mr TAU): Thank you very much, Cllr Johnson. I would like to take this opportunity to thank you for your consistency in the activities of the NCOP.

Prince M M M ZULU



Umntwana M M M ZULU: Sihlalo waleNdlu ohloniphekile, Ngqongqoshe Manzankosi, abahlonishwa abangamalunga aleNdlu, izwe lakithi iNingizimu Afrika yizwe okufuneka siziqhenye ngalo ngoba lapha e-Afrika yilona lizwe engingathi linezinto zokuthutha cishe ezihlelekile.

Kukodwa noma kubili umuntu angakuphawula, njengoba ungumfana wasemakhaya owelusa, kufanele ukubhekelele ukuthi kulezi zifundazwe eziyisishiyagalolunye labo obambisene nabo abangamehlo akho bakwazi kahle kamhlophe ukuthi bavale imigojana esemigwaqweni. Kuyangikhalisa Ngqongqoshe ukuthi umgwaqo ohlanganisa iGoli nesiFundazwe saseNyakatho neNtshonalanga siyakhokha kuwo kodwa ube nemigojana le ebengikhulume ngayo; kungikhalisa kakhulu lokhu.

Laphaya eMpumalanga kukhona indawo okuthiwa yi-Carolina - uma uhamba ubheke kuleli likaMswati leNkosi, uMhlawabati weNkosi- uye uthole ukuthi nakhona kunemigodi emgwaqweni. Yizinto okufanele zibhekisiwe ngokubambisana ngoba phela ngiyazi ukuthi ngeke ube namehlo amaningi kangaka okubheka kulo lonke leli.

Uma ngibuya ngiza ekhaya, angisho kuleNdlu ukuthi ezimpini zezigebengu, izigelekeqe lezi zamatekisi, wenza okukhulu okwenza ukuthi zehle izigigaba zokufa kwabantu bebulalelelana nje umhawu noma umhobholo wokuba bacoshe izimali zomphakathi. Yileso sizathu esenza ukuthi abantu bazesabe kakhulu ezokuthutha umphakathi ngoba basuke becabanga ukuthi, hhawu umuntu useziyisa ethuneni! Ngiyawuncoma futhi umnyango wakho ngoba ukwazile ukuba uqashe amaphoyisa amaningi ogwaqo azobheka ukuthi sigijima kangakanani emigwaqweni yethu.Yilezo zinto okufuneka thina njengezwe laseNingizimu Afrika sizibheke ukuthi ziyenzeka.

Bese ngiyabuya-ke njengomfana owelusa izinkomo, waqhathwa ngibheke ukuthi labo masipala basemakhaya, Manzankosi, ukwazi njengoba nami ngikwazi ukuthi laphaya nje eNtambanani noma kwaNongoma noma eMahlabathini, oNdini noma eNkandla ngeke kukwazi ukuthi sibe nogandaganda abangalungisa imigwaqo leyo esuke iphuma emigwaqweni omkhulu. Siyacela ke ukuthi uma umnyango wakho usubheka onyakeni wezimali ozayo, ubhekisise ukuthi kunganezezeleka kanjani ukuthi babe namandla okuphumelelisa iphupho labantu bakithi lokukhululeka. Phela inkululeko ayisho khona ukuvota kuphela kodwa isho nakho ukuhamba ngokukhululeka emigwaqweni yezwe lakithi. Ngiyabonga.


Prince M M M ZULU

Mr M P SIBANDE: Chairperson, Minister Ndebele, hon members, ladies and gentlemen, as we approach its end, it is fitting to wrap up the activities of the Transport Month Campaign with a debate in this House. This debate comes at a critical time, when we are engaged in a process of introspection and trying to chart a way forward to speed up the transformation of our economy. A reliable and safe road infrastructure is one of the main ingredients for building a modern economy and achieving economic growth.

In a developing country like ours it is imperative that the development of road infrastructure is linked to strategies for job creation, poverty eradication and ending the economic marginalisation of the majority of our population. The development and maintenance of road infrastructure is more amenable to labour intensity than most other economic activities. Therefore, it is a crucial element of our economic programme of creating more jobs, decent work and sustainable livelihoods.

A focus on reliability and safety in road infrastructure is particularly important as we approach the festive season - a period in our national calendar when we experience a massive increase in road transport accidents, leading to injuries and deaths on our roads. Therefore, we must use this opportunity to call on all members of our communities throughout the country to take responsibility for safety on the roads and help stop the carnage at this time of the year. We must all obey the law and "arrive alive" at our destinations.

As members of the ANC, we welcome this opportune debate in the NCOP and wish to register our support for the Transport Month campaign led by the Ministry. We recognise the work that is being done by the department and the government as a whole in implementing the National Land Transport Strategic Framework and the Public Transport Strategy.

Since 1994 the government has placed a priority on infrastructure development through policy changes, increases in funding and programme implementation. These were aimed at addressing the terrible legacy of apartheid spatial planning based on race. Apartheid and road infrastructure development ensured that black people were confined to geographic spaces which were inaccessible by road and where the infrastructure was limited to ensuring a supply of cheap labour to industries and white designated areas.

Apartheid spatial planning created what was often referred to as two economies in one country. This is particularly evident and more pronounced when one looks at infrastructure development such as road transport. In the majority of provinces which incorporated the former apartheid created homelands such as North West, Limpopo and Free State, the road infrastructure condition became dire. Across all provinces the condition of road infrastructure continued to deteriorate as a result of the legacy of underdevelopment, poor planning, massive backlogs, inadequate investment and poor maintenance levels. It is this legacy that the nation has had to deal with since the dawn of democracy in 1994.

The Transport Month campaign gives us an opportunity to take stock of improvement in our road infrastructure as a result of the numerous interventions undertaken so far, and the challenges that still remain.

There are a few matters that need to be mentioned – those that detrimentally affect service to our people. These relate to the perceived unco-ordinated manner in which rail transport matters are handled. I will start with the state of the rail network and rail transport. Serious economic consequences have resulted from the country's stagnating, poorly resourced and desperately inefficient rail system. In the last 15 years its share of the freight market has plunged to just 10%.

Neglect of the rail network, inefficiency and unreliability have impacted greatly on the way businesses view rail transport and resulted in the dependence they have built up on road transporters to move their cargo. However, our roads were not constructed to carry anything like 32 million tons of freight a year. The consistent repair they need is testimony to the destruction wreaked by the overloaded mammoth trucks and tankers.

Nationally, only half of the nation's 20 000 km of railway lines is fully utilised. On some 35% of the nation's lines there is very low or no activity. The railways have failed to make the investment in rolling stock and infrastructure demanded by the growing economy. The Spoornet rail monopoly must now dig deep into its pockets to get rail to the stage where it can out-compete the road transport system that today has a 90% stranglehold on the country's land cargoes. Aging locomotives and wagons must be replaced. The average age of locos is 22 years and that of the wagon fleet is 32 years.

Important railway centres like De Aar and Noupoort in the Northern Cape have become virtual ghost towns due to the scaling down of the rail activity, leading to unemployment and the concomitant poverty of the local population. The question remains to be answered: Why has the rail infrastructure been allowed to deteriorate to such an extent that a virtually new system has to be built up from scratch?


Kukhona ekumele ngikudlulise masinyane. Kwi-Cope,kwembulwa kuyembeswa selidumela emasumpeni, kodwa-ke likhona ikhambi elingayisiza. Kufanele sibahlabele isibhuklabhukla esimhlophe sikalamthuthu sibuye sibaphalazise ngentelezi ebizwa ngokuthi iBuyel' ekhaya, sibaphunge ngeDel' amambuka emva kwalokho-ke sibashunqisela nge-Freedom Charter bese benikezwa inkululeko yomgwaqo omkhulu okuthiwa uMshini wami.

I-DA, ngizwe kuthiwa uMnumzane Jacobs uthi ngeke umuntu alale esitimeleni, kuyiqiniso Mnumzane Jacobs, ungalala esitimeleni. Kungenxa yokuthi ngeshwa nje angikholwa ukuthi uNgqongqoshe wake wasigibela noma yisiphi nje isitimela esiya elokishini, ngalokho-ke ngithi kubo i-DA ingochwepheshe bokwakha umgwaqo omkhulu oya kwaLasha. Lokho kubonakale ngobunyoninco bokwakha izindlu zangasese esidlangalaleni endaweni ebizwa ngokuthi kuseMakhaza, eKhayelitsha. Babuye futhi bakha izindlu zangasese ezimbili emphakathini olinganiselwa ezinkulungwaneni eziyisihlanu endaweni ebizwa ngokuthi kuseQolweni, e-Plettenberg Bay, eNtshonalanga Kapa.


ANC policy positions are a guide to government. The struggle for national democratic order in our country can be achieved through an integration of communities by doing away with racial apartheid spatial policies which were expressed in road infrastructure development. For the ANC, development and maintenance of road infrastructure are not only important for economic development, but are also a necessary basic need.

This was aptly described in the ANC foundational governance policy document of 1994, the Reconstruction and Development Programme. It is stated there that the future transport policy had to:

promote coordinated, safe, affordable public transport as a social service; ... take into account the transport needs of disabled people; ... ensure comprehensive land-use/transport planning; ... promote road safety; ... review subsidies (both operating and capital).


Bese ngiyabuya futhi ngithi Mhlonishwa, siyakucela, lapho engisuka khona eMpumalanga kunogwaqo omkhulu okuthiwa i-Moloto Road. Abantu bangale eMpumalanga bacela ukuthi kufakwe ulayini wesitimela ozohlanganisa i-Pitoli kanye neKwaMhlanga ngoba iyaziwa iKwaMhlanga Road; minyaka yonke siyazi ukuthi izibalo zithi bangaki abantu abafayo kuloya mgwaqo. Sekukaningi sikucela lokhu kodwa impendulo singayitholi.


In addressing the legacy of road infrastructure underdevelopment, the RDP further states that:

critical 'bottlenecks' in the road infrastructure should be improved so that the full capacity of the existing road network can be realised.

The provision of primary road infrastructure must be directed towards and take cognisance of public transport needs.

The planning of transport for metropolitan and major urban areas must be in accordance with an urban and metropolitan growth management plan. A hierarchy of modes should guide the financing of infrastructure improvement and payment of operating subsidies for public transport. Travel modes should not compete. In rural areas, provincial government and district councils must present public transport plans, including for extensive road building and improvement.

The principles enshrined in the RDP have found their expression in subsequent policies and programmes, in particular the National Land Transport Strategic Framework, and the 2007 Cabinet-approved Public Transport Strategy, which is currently being implemented by government.


Eish, isikhathi sami!


In terms of the National Land Transport Strategic Framework public transport services, facilities and infrastructure should be so designed, provided and developed as to promote intermodalism ... [Interjections.]

The HOUSE CHAIRPERSON (Mr R J Tau): Hon member, thank you. You should be aware that your time is up.


Mnu M P SIBANDE: Okokugcina nje, ngiyabonga kakhulu, Sihlalo. [Kwaphela isikhathi.]



The MINISTER OF TRANSPORT: Chairperson and hon members, thank you very much for the very constructive contributions that have been made. We really want to express our appreciation for that.

I would like to deal with a few issues. On Friday, 22 October, I think it was, we had a meeting with my counterpart, the Minister of Public Enterprises, Ms Barbara Hogan, from the Department of Public Enterprises, together with our two entities – the Passenger Rail Agency of South Africa, Prasa, led by its CEO, Lucky Montana, and Transnet, led by its CEO, Chris Wells.

We had a constructive meeting in which we as political principals wanted to bring peace where there had been ructions and disagreements. The meeting ended very well with a full commitment from both Transnet and Prasa to work as the Ministers are doing – in co-operation and in a manner that makes the passengers and the public number one, to be serviced, and not taking into consideration whatever differences there might be. Indeed, we found that those differences were not deep-seated. I am happy to say that that matter was resolved.

Secondly, we are really happy in transport. Last year we were discussing the issue of the taxi violence. We asked: what about the taxi violence? What has happened is a measure of the success of all of us who raised our voices, saying that this was not acceptable. It is not acceptable in the Western Cape, Mpumalanga, Gauteng, KwaZulu-Natal or anywhere. All of us raised our voices.

As we speak, the main concern and pre-occupation of the taxi industry is now more investment, more development of themselves as businesses, and more service to our people. I think quite a lot of progress has been registered in that area. The unanimity of the voices, whether provincial, local, national or across all parties, has been very helpful in ensuring that we put pressure on that industry. Indeed, the focus is now on their developing themselves as proper businesses, and that they can do by giving proper and admirable service to our people. There has been progress in that regard. There is stability now.

Thirdly, as far as the issue of road infrastructure is concerned, the voices that were raised here have been responded to, particularly with regard to the budget. I am sure the Minister of Finance will be raising the question of the dedicated road maintenance fund tomorrow. There can never be enough money, but we need to make sure that nationally we have dedicated funds to maintenance. Provinces and municipalities have dedicated funds for road maintenance.

This is a measure of ourselves and where we stand in the scale of development. You judge the development of a country by four things - does it have clean water, roads, electricity and proper communication? It doesn't matter which part of the world you are in; you should have those four basic things. It should be taken for granted that they will be there.

We in transport are saying that all of us, from municipalities, local governments and provinces to the national arena, should make sure that we give ourselves a very tough test. That test is: Is there a school that cannot be reached by road? Is there a clinic that cannot be reached by road, whether it is raining or not raining? Is there a sports facility or social development facility that cannot be reached by road? It is for us to make sure that it is not just roads in general - we can talk about 16 000 km of blacktop national roads, and that is fine, but it doesn't answer the question of the person who must have a road in order to go to the clinic or to school or just to entertain himself.

We have called for the creation of road safety councils as a community-based structure. We need to have them in all provinces and wards. This is so that when an accident happens, or even before it does, the councils will have ensured that youngsters have been educated on how to cross the roads and so forth. They should ensure that there is no drinking and driving, and that there are no shebeens that just let everybody drink.

If four people are drinking, one of them should be the dedicated driver to take them home. It should just be accepted, the norm, just like when you accept that you can't simply go into a supermarket and steal a packet of biscuits and put it in your pocket. Similarly, nobody should boast that they drive their cars at 180 km or 200 km per hour, and think that that is socially acceptable. It should just be seen as a criminal behaviour, not a social expression of some sort.

So, on the question of road safety councils, this is one of the instruments that society as a whole must have in their hands. It is these that will also access the Road Accident Fund. When we visit a family, as we visited the Nyembe family in Alexandra, we should be able to say what we as the progressive democratic government of South Africa can do in regard to a funeral. We know that every South African who is on the road is insured through the Road Accident Fund. We have up to R10 000 to assist with any funeral of a road accident victim if they don't have any other assistance. We are able to do that immediately. Then the Road Accident Fund people are there to take the details and move on with it.

In the last financial year we spent R11 billion on the Road Accident Fund, and what we would like to ensure doesn't continue to happen is that approximately R5,5 billion of that money was spent on lawyers. That is just not on. The money should be going to the victims.

The issue of Shova Kalula is still very much there. Sir, 26 100 bikes are to be distributed, and 13 500 had been distributed by March of this year. The 15 000 milestone will be reached by the end of this financial year. So, Shova Kalula is still going on. It has also created micro businesses in six provinces for repairing those bikes. That programme is going very well.

Chairperson and members, thank you very much for the very constructive debate that we have had. It has been a very fitting closure to the Transport Month. Those 1 million cars are going to be checked every month, wayawaya. [always.] I thank you. [Laughter.] [Applause.]

Debate concluded.




(Consideration of Bill and of Report thereon)

Mr G G MOKGORO: Chairperson, thank you for giving me the opportunity to read the statement regarding the Deeds Registries Amendment Bill today, Tuesday, 26 October 2010 in the NCOP.

Chairperson of the NCOP, the Chief Whip, the Minister of Rural Development and Land Reform in absentia, MECs - of whom I do not see any here - and hon members of this distinguished house, this afternoon I have been given the opportunity to share with the House some of the deliberations of the Select Committee on Land and Environmental Affairs on the Deeds Registries Amendment Bill [B 13 - 2010] (National Assembly - sec 75), which was introduced to Parliament by the Minister of Rural Development and Land Reform in August this year.

For your information, hon members, the Deeds Registries Amendment Bill is the legislation that amends the Deeds Registries Act, Act 47 of 1937, which is responsible for the registration of deeds. In South Africa the law does not explicitly guarantee title to land. The system of deeds registration is based on a juristic foundation and longstanding practices and procedures. It is this system which has the effect of guaranteeing titles.

The main purpose for amending the Bill was to substitute certain obsolete expressions and to enhance the application of the Act to conform to the current uniform practices of the deeds registries.

The process that the Select Committee on Land and Environmental Affairs followed for processing this section 75 Bill was the same as that followed with the Sectional Titles Amendment Bill, as they were done concurrently. In general the amendments were merely procedural to conform to current legal practices.

In order to fulfil the mandate of the NCOP to facilitate public participation during the legislative process, the committee advertised the Bill for public comments and received two submissions, from the South African Property Owners Association and the Banking Council of South Africa. All the submissions were responded to by the department, and the committee was satisfied with the discussions held around the submissions.

The Select Committee on Land and Environmental Affairs, having considered the Deeds Registries Amendment Bill [B 13 - 2010] (National Assembly - sec 75) referred to it and classified by the Joint Tagging Mechanism, JTM, as a section 75 Bill, supports the Bill with proposed amendment. I thank you. [Applause.]

Debate concluded.

The HOUSE CHAIRPERSON (Mr J R Tau): I shall now put the question. The question is that the Bill, subject to the proposed amendment, be agreed to.

In accordance with Rule 63 I shall first allow political parties to make their declarations of vote if they so wish. Are there any political parties that wish to make a declaration of vote? No.

In the absence of any declarations, we shall now proceed to voting on the question. Before I call for the votes, please press your buttons in the way you know, insert your cards, and do what is necessary. Those who do not have their cards and those who have forgotten the procedures, as well as those where the system is not working, can show this by raising their hands, so that they can be assisted with manual voting.

Hon members, we are proceeding with this in terms of Rule 63, which means that all of us are going to participate in the voting. That is why I wanted to check if all members had their cards. It is not only the delegation heads who should vote.

If you don't know how the procedure works, just raise your hand so that you can be assisted with manual voting. There is a member there who needs some help. You may proceed with the voting. I did not ask whether those who are in favour should say yes. I said, "Vote." Have all members voted? Can hon Lees be assisted with the voting?

Mr R A LEES: Indeed, that is what I need. Which buttons do I press and for what?

The HOUSE CHAIRPERSON (Mr J R Tau): I did not hear that.

Mr R A LEES: I need to know which buttons to press please.

The HOUSE CHAIRPERSON (Mr R J Tau): If you wish to vote in favour, press button number four; if against, press number two; and if you wish to abstain, you should press button number three.

Have we all voted? If any of the members have mistakenly pressed the incorrect button, please press the correct one now to correct your voting.

Voting is now closed. May I be assisted with the tally? With the majority of members voting in favour and one abstention, the majority of members have therefore voted in favour. I therefore declare the Bill, subject to the proposed amendments, agreed to in terms of section 75 of the Constitution.

The abstention of the particular party is noted.

Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.




(Consideration of Bill and of Report thereon)

Mrs A N D QIKANI: House Chairperson, Chief Whip, hon members, good afternoon. This afternoon I will share with the House some of the deliberations of the Select Committee on Land and Environmental Affairs on the Sectional Titles Amendment Bill [B 14 - 2010] (National Assembly – sec 75) which was introduced to Parliament by the Minister of Rural Development and Land Reform.

The Sectional Titles Act, Act 95 of 1986, is the legislation that governs building development where multiple owners hold a type of property ownership known as sectional title units. These areas usually relate to town houses or flats, and include areas that are commonly shared by a group of owners and are known as common property, such as lifts, driveways and parking areas.

The main purpose in amending the Bill was to amend certain definitions; redefine the boundaries between certain sections and common property; regulate substitution of bonds registered in respect of different pieces of land shown on the sectional plan; provide for the issuing of certificates of real rights of extension and certificates of real rights of exclusive use areas; provide for the issuing of a certificate of a registered sectional title in respect of a fraction of an undivided share in a section; further provide for the vesting of rights of exclusive use areas where an owner ceases to be a member of a body corporate; and, finally, provide for the cancellation of an exclusive use of area right.

Therefore, the legislative process that the Select Committee on Land and Environmental Affairs followed for this section 75 Bill firstly entailed getting a briefing by the Department of Rural Development and Land Reform. From this it was noted that the main amendment proposed in the Act sought to clarify ambiguity and set out prescribed processes that were unclear in the current Act.

In order to fulfil the mandate of the NCOP in facilitating public participation during the legislative process, the committee advertised the Bill for public comments and received two submissions. The committee thereafter received a follow-up briefing from the department to obtain their responses to the issue raised in the submissions and further held deliberations on the Bill.

Therefore, the Select Committee on Land and Environmental Affairs, having considered the Sectional Titles Amendment Bill [B 14 - 2010] (National Assembly – sec 75), referred to it and classified by the Joint Target Mechanism, JTM, as a section 75 Bill, supports the Bill. Thank you. [Applause.]

Debate concluded.

The HOUSE CHAIRPERSON (Mr R J Tau): I shall now put the question. The question is that the Bill, subject to the proposed amendments, be agreed to.

In accordance with Rule 63, I shall first allow political parties to make a declaration of vote if they so wish. Is there any political party that wishes to make a declaration of vote? There is none.

We shall now proceed to vote on the question. Before I call for votes, please press button number one to confirm your presence. There should be lights flashing. Are your lights flashing? If not, the service officers will assist you. Those in favour please press button number four, those against press button number two and those who are abstaining press button number three. Voting is now open.Are there any members who wish to be assisted with manual voting? Please indicate by a show of hands. Have all members voted?

If any member has mistakenly voted in a way that he or she did not wish to, he or she has an opportunity to correct that, whether electronically or manually. In the absence of anyone needing assistance, I request the tally.

Thank you very much, hon members. There were no abstentions and no objections. Therefore the majority of the House voted in favour of the Bill.

Mr K A SINCLAIR: Chairperson, I just want - for the record - to enquire what the exact count of people was who voted in favour of the Bill?

The HOUSE CHAIRPERSON (Mr R J Tau): It was 40.



Mr K A SINCLAIR: But, with due respect, Mr Chairperson, it seems to me that there are more than 40, and you indicated that nobody abstained.

The HOUSE CHAIRPERSON (Mr R J Tau): According to our records, we don't have any abstention. The records that we have here show no abstention. [Interjections.] Exactly. Let us not ... [Interjections.] The majority of members voted in favour. I therefore declare the Bill, subject to the proposed amendments, agreed to in terms of section 75 of the Constitution. [Applause.]

Bill, subject to proposed amendments, agreed to in accordance with section 75 of the Constitution.



consideration of Report of select committee on co-operative governance and traditional affairs – CONSIDERATION OF termination

of interventions in Xhariep district municipality

and mohokare local municipality

Consideration of report of select committee on co-operative governance and traditional affairs – intervention in Mafikeng local municipality

Consideration of REPORT OF select committee on co-operative governance and traditional affairs – performance report of Eastern Cape municipalities

Mr M H MOKGOBI: Chairperson, hon members of the House, lest we forget, after next month, which is November, we will be celebrating 10 years of the existence of the transformation of municipalities in this country on 5 December.

This is the termination of the intervention in Xhariep District Municipality and Mohokare Local Municipality. The committee agrees with the report, which emphasises an ongoing management capacity-building in these two municipalities, precisely because political administrative stability is showing signs of improvement.

Regarding the Mafikeng Local Municipality, the committee recommends that the House approve the intervention and that the Hawks pursue all cases of financial irregularities, fraud and allegations of corruption.

The council vehicles that are alleged to be in the Gauteng province should be tracked down and investigated, and the culprits pursued by law. Improper appointments of 20 contract workers must be corrected and disciplinary procedures must be followed. Corrective measures should be taken against the Community Services Director who refused to serve the community. The administrator should fast-track the appointment of a municipal manager, and facilitate the transfer of skills. The House should receive quarterly reports from the provincial executive.

With regard to the Eastern Cape report – this is the report in regard to section 46 of the Local Government: Municipal Systems Act - the committee agrees and knows the progress that is emerging in that province, and the House should approve the report but emphasise that there should be ongoing support on service delivery, infrastructure development, and political and administrative instability. I thank you. [Applause.]

Debate concluded.

The HOUSE CHAIRPERSON (Mr R J Tau): Thank you, hon Mokgobi. I shall now put the question in respect of the Third Order. The question is: That the report be adopted.

As the decision is being dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all delegation heads are present in the House. Are all delegation heads present? They are.

In accordance with Rule 71, I shall first allow provinces the opportunity to make their declarations of vote, if they so wish. Is there any province that wishes to make a declaration of vote? None. We shall now proceed to vote on the question.

I shall do this in an alphabetical order per province. Delegation heads must please indicate to the Chair whether they are voting in favour of or against the question, or abstaining from voting. Eastern Cape? Free State? Gauteng? KwaZulu-Natal? Limpopo? Mpumalanga? Northern Cape? North West? Western Cape?

If any members have mistakenly pressed the incorrect button, they should please take the opportunity now to correct that. Voting is now closed. May I have the tally?

All nine provinces have voted in favour of the question. I therefore declare the report adopted.

Report accordingly adopted in accordance with section 65 of the Constitution.

The HOUSE CHAIRPERSON (Mr R J Tau): I shall now put the question in respect of the Fourth Order. The question is: That the report be adopted.

As the decision is being dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all the delegation heads are present in the House. Are all delegation heads present? They are.

In accordance with Rule 71, I shall first allow provinces the opportunity to make their declarations of vote, if they so wish. Is there any province that wishes to make a declaration of vote? None. We shall now proceed to the voting on the question.

I shall do this in an alphabetical order per province. Delegation heads must please indicate to the Chair whether they are voting in favour of or against the question, or abstaining from voting. We shall now proceed to the voting. Eastern Cape? Free State? Gauteng? KwaZulu-Natal? Limpopo? Mpumalanga? Northern Cape? North West? Western Cape? I take it all the provinces have voted. Can I have the results?

All nine provinces voted in favour of the question. I therefore declare the report adopted.

Report accordingly adopted in accordance with section 65 of the Constitution.


The HOUSE CHAIRPERSON (Mr R J Tau): I shall now put the question in respect of the Fifth Order. The question is: That the report be adopted.

As the decision is being dealt with in terms of section 65 of the Constitution, I shall first ascertain whether all the delegation heads are present in the House. Are all delegation heads present? They are.

In accordance with Rule 71, I shall first allow provinces the opportunity to make their declarations of vote, if they so wish. Is there any province that wishes to make a declaration of vote? None. We shall now proceed to the voting on the question.

I shall do this in an alphabetical order per province. Delegation heads must please indicate to the Chair whether they are voting in favour of, or against the question, or abstaining from voting.

We shall now proceed to the voting. Eastern Cape? Free State? Gauteng? KwaZulu-Natal? Limpopo? Mpumalanga? Northern Cape? North West? Western Cape? I declare the voting closed. Can I have the results?

All nine provinces voted in favour of the question. I therefore declare the report adopted.

Report accordingly adopted in accordance with section 65 of the Constitution.

That concludes the business of the day.

The Council adjourned at 16:37.

Collated by M Oakenfull on 11 March 2011.


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