Hansard: Plenaries/Committees
House: National Council of Provinces
Date of Meeting: 10 Sep 2012
Summary
No summary available.
Minutes
START OF DAY
TUESDAY, 11 SEPTEMBER 2012
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
______________________________
The Council met at 14:04.
The Deputy Chairperson (Ms T C Memela) took the Chair and requested members to observe a moment of silence for prayers or meditation.
NOTICES OF MOTION
Mr M P JACOBS: I hereby give notice that on the next sitting day of the Council I shall move on behalf of the ANC:
That the Council-
(1) notes that the results of research undertaken by the SA Institute of Race Relations, SAIRR, which was released recently, has revealed that the living standard of South Africans has been steadily improving since 2001;
(2) further notes that, despite criticism and media reports that the government has failed, this research, in fact, revealed the remarkable performance of the ANC government and its achievement over the past 10 years;
(3) acknowledges, among others, that-
(a) the number of households living in a formal house have increased by 92%, from 5,7 million to 11 million, during the past five years alone;
(b) similar magnitudes also apply to every other area of service delivery, such as access to piped water, electricity, toilets, refuse removal, etc; and
(c) the government has increased its social security network to allow orphans, poor families and fatherless children to also benefit;
(4) takes this opportunity to commend the ANC and government on their vision, policies and dedication despite many challenges, mindful that a lot still needs to be done; and
(5) further commends it on its achievements to improve the living conditions of South Africans in order to ensure a better life for all.
Mr D A WORTH
Mr M P JACOBS
Mr D A WORTH: I hereby give notice that on the next sitting day of the Council I shall move on behalf of the ANC:
That the Council-
(1) notes that-
(a) more than 21 000 legal abortions were performed in the Free State Province in 2011 alone, which is a shocking increase on the 16 400 recorded in the previous year;
(b) the Free State figure of 21 994 abortions makes up more than 28% of the 77 771 legal abortions performed in the entire South Africa in 2011, despite the Free State having only 5,7% of the population;
(c) these figures, according to the Minister of Health, do not include terminations that were made at backyard and private clinics; and
(d) something is very wrong in the Free State Province in that the situation of rape and abuse could be contributing to the increase and abortions;
(2) further notes that the Free State, with an HIV prevalence rate of 12,6%, is among South Africa's worst affected provinces, and that it seems that the frightening HIV figures have done little to persuade people to become sexually responsible.
Mr Z MLENZANA
Mr D A WORTH
Mr Z MLENZANA: I hereby give notice that on the next sitting day of the Council I shall move on behalf of Cope:
That the Council-
(1) debates–
(a) the continuous political killings in the KwaZulu-Natal province, largely of ruling party members; and
(b) the psychological impact this situation could have on voters;
(2) notes that if these murders are not properly investigated, South Africa will be destabilised by either a third force, bent on creating division between political factions, or by competition for political posts;
(3) further notes that the current state of affairs cannot continue, or South Africa risks becoming a criminal state; and
(4) calls upon the Minister of Police to closely monitor and gather intelligence on these political killings.
Ms E C VAN LINGEN
Mr Z MLENZANA
Ms E C VAN LINGEN: Hon Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the DA:
That the Council-
(1) notes that–
(a) in the Cacadu District Municipality there are 17 mobile clinics that cannot operate because their licences have not been renewed;
(b) the spokesperson for the Eastern Cape department of health is not contactable and other officials refer concerned parties and politicians to the department of transport, which they infer to be responsible; and
(c) patients with acute health conditions, such as those with HIV/Aids, tuberculosis and diabetes, cannot get their medication administered to them on a regular basis;
(2) further notes that the DA-
(a) calls on this Council to address the situation of the licences of mobile clinics in the Cacadu District Municipality, as well as the rest of the Eastern Cape;
(b) demands that the MECs for Health and Public Transport in the province immediately resolve the licence issue by paying the fees and putting the mobile clinics back on the road; and
(c) further demands that the MEC for Health submits a full report by the end of October this year, 2012, on the reasons why these licences were not renewed;
(3) debates the state of health in the province since the department of health took over the function of district municipalities.
Mr M W MAKHUBELA
Ms E C VAN LINGEN
Mr M W MAKHUBELA: I hereby give notice that on the next sitting day of the Council I shall move on behalf of Cope:
That the Council-
(1) debates the education system of this country, which is in a state of collapse; and
(2) calls on the Minister of Education to establish a task team to investigate the current system of education in order to come up with a model that would be comparable with other progressive countries.
Mr J J GUNDA
Mr M W MAKHUBELA
Mr J J GUNDA: I hereby give notice that on the next sitting day of the Council I shall move on behalf of ID:
That the Council-
(1) debates the Auditor-General's report concerning local government and the quality of service delivery; and
(2) notes the lack of municipalities that have clean financial audits, proper service delivery, sustainable jobs and sustainable local economic development for upcoming entrepreneurs.
Mr W F FABER
Mr J J GUNDA
Mr W F FABER: I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:
That the House-
(1) notes the recent report from Treasury, stipulating that R77,6 billion is owed to local government across South Africa, which is shocking and a picture of the failure in municipalities;
(2) further notes that the Act that stipulates the education, skills and experience requirements for municipal managers and senior officials, which was passed more than a year ago by Mr Baloyi, has missed a number of deadlines to finalise these regulations;
(3) debates whether Mr Baloyi is failing in his duty to put forward regulations, as ruled by law, since service delivery is failing in ANC-ruled municipalities;
(4) demands that Mr Baloyi takes a bold step, either to present the regulations or to explain why he is in breach of the law; and
(5) notes that the DA requests the Council to debate the ignorance of the ANC government in their adherence to the law.
Mr F ADAMS:
Mr W F FABER
Mr F ADAMS: I hereby give notice that on the next sitting day of the Council I shall move on behalf of the ANC:
That the Council-
(1) notes with concern that-
(a) the Western Cape provincial government and the DA-led City of Cape Town are not prepared to release vast areas of land owned by them for housing development for poor people;
(b) the provincial government has nevertheless given clearance for the development of a 9 000m² shopping mall to be built on the shore of Princess Vlei, a very sensitive wetland fynbos area owned by the city;
(c) Mayor Patricia De Lille has refused to inform the people of Cape Town whether the city supports the development of that shopping mall or not; and
(d) because she apparently acts under the instructions of the DA and its leader, Madam Helen Zille, she instead referred enquiries from the public to the MEC for Local Government, Environmental Affairs and Development Planning, while the provincial government and the City are forcing poor people to the townships;
(2) acknowledges that this state of affairs displays the lack of transparency and openness of the DA-led provincial government and the City of Cape Town; and
(3) calls on the Ministers of Co-operative Governance and Traditional Affairs, Human Settlements, Water and Environmental Affairs to investigate the matter urgently and intervene appropriately.
Mr V M MANZINI
Mr F ADAMS
Mr V M MANZINI: I hereby give notice that on the next sitting day of the Council I shall move on behalf of the DA:
That the Council-
(1) debates the City of Cape Town residents who will now be able to arrest errant motorists in their communities;
(2) notes that the City of Cape Town is preparing to train traffic reservist wardens;
(3) further notes that the training programme is reduced to a phase of three months;
(4) also notes that they will be able to issue tickets and pull over speeding motorists; and
(5) acknowledges that this proposition is in line with the traffic service's move towards increased visible enforcement.
Mr H B GROENEWALD
Mr V M MANZINI
MR H B GROENEWALD: Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the DA:
That the Council-
(1) notes that-
(a) taxpayers paid more than R33 million to build a border post at Skilpadshek between South Africa and Botswana, with not a single brick being laid; and
(b) corrupt officials of the Department of Public Works collected R1,25 million from the contractor for the favour to them;
(2) further notes that-
(a) taxpayers' money is also being used for four buildings in South Africa which are not being used by the state and have been empty for more than three years; and
(b) the Minister of Public Works said that financial losses and corruption in his department could run to billions of rands; and
(3) the DA asked for the Special Investigating Unit to support the Minister in fighting the corruption in his department.
MOTIONS WITHOUT NOTICE
NOTICES OF MOTION
Mr S S MAZOSIWE: Madam, I profusely apologise. The motion was moved by me previously. [Laughter.]
POOR STATE OF SCHOOLS IN GAUTENG
(Draft Resolution)
Ms B V MNCUBE: Hon Deputy Chair, I hereby move without notice:
That the Council-
(1) notes that the provincial department of basic education in Gauteng, as well as the schools in the province, remain under constant pressure given the shortage of school infrastructure, such as school buildings, classrooms, equipment, educators and the like. Some schools had to convert their staff rooms into classrooms to accommodate the growing number of learners;
(2) further notes that such shortages are caused by a constant increase in enrolment at schools as a result of families relocating to certain school catchment areas, otherwise mainly because of consistently high levels of migration to the province;
(3) notes that the provincial department of education will, among others measures, provide further or additional classrooms at 93 of the schools in the current financial year; and
(4) commends the department for its efforts to ensure that the learners are not deprived of their right to attend a school nearest to their homes.
Motion agreed to in accordance with section 65 of the Constitution.
Ms E C VAN LINGEN
Ms B V MNCUBE
Ms E C VAN LINGEN: Hon Chairperson, I move without notice on behalf of the DA:
That the Council-
(1) notes that all the Eastern Cape legislature's portfolio committees are doing oversight in Kouga and Koukamma Municipalities this week as a forerunner to the Legislature to the People, which will take place in Humansdorp from 8 to 12 October 2012;
(2) further notes that the DA in Kouga and Koukamma welcome the oversight visits. In addition, the DA will make every effort to support the portfolio committees in their endeavour to gain ground-level information relating to each department they are responsible for.
(3) calls on the Eastern Cape legislature to submit a full report of the oversight, through this House, to the NCOP as soon as it is available in the Announcements, Tablings and Committee Reports, and to submit copies of the speeches delivered during the debates in Humansdorp after they take place in October; and
(4) calls on this House to debate in the NCOP the above documents and findings of the Legislature to the People of Kouga and Koukamma, as well as what the provincial leadership propose as a turnaround plan for both municipalities in order to make them financially sustainable.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Is there an objection to the motion?
Hon MEMBERS: Yes!
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): In light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of motion.
Mrs B L ABRAHAMS
Ms E C VAN LINGEN
CONDOLENCES TO FAMILY OF DAN SETSHEDI
(Draft Resolution)
Mrs B L ABRAHAMS: Hon Chairperson, I move without notice on behalf of the DA:
That the Council-
(1) notes the passing away of Dan Setshedi, a former SABC radio and television sports presenter and commentator;
(2) conveys condolences to his family;
(3) notes that he was affectionately called Tshimega, meaning "champion", by Radio Tswana listeners;
(4) further notes that Dan Setshedi was an 80-year-old veteran presenter and died over the weekend after a long illness;
(5) notes that he joined the SABC in 1964 and started at the now defunct Radio Bantu, where he worked himself into the hearts of many Radio Tswana listeners; and
(6) trusts that his soul may rest in peace and rise in glory.
Motion agreed to in accordance with section 65 of the Constitution.
Ms M P THEMBA
Mrs B L ABRAHAMS
FINDINGS OF SURVEY ON QUALITY OF LIFE IN GAUTENG
(Draft Resolution)
Ms M P THEMBA: Hon Deputy Chair, I move without notice:
That the Council-
(1) notes the findings made in a joint survey by the Gauteng provincial government, the University of Johannesburg and the University of the Witwatersrand on the quality of life, which was conducted last year and surveyed almost 17 000 people in Gauteng;
(2) further notes that the quality of life survey found that 93% of households had access to piped water and 91% of households had access to either a flush or waterborne toilet. It found that 82% of Johannesburg residents were satisfied with water services, 79% were satisfied with sanitation and 85% were satisfied with waste removal;
(3) notes even further that Gauteng has fared extremely well during the past two years of global economic recession and overall quality of life has risen very slightly for the province as a whole;
(4) acknowledges that the areas of concern were public safety, public transport and access to economic opportunities;
(5) welcomes the findings, which paint a good picture of one of the biggest metros in our country; and
(6) wishes to encourage the City of Johannesburg and all other municipalities to continue to do more in changing the lives of its citizens.
Motion agreed to in accordance with section 65 of the Constitution.
Ms D Z RANTHO
Ms M P THEMBA
DISRUPTION AND CLOSURE OF SCHOOLS
(Draft Resolution)
Ms D Z RANTHO: I move without notice:
That the Council -
(1) notes with concern and utter discontentment the recent disruption at schools, as well as the large number of schools that are closed due to protests and intimidation;
(2) among others, 41 of 65 schools in the John Taolo Gaetsewe District Municipality in the Northern Cape have been closed since June 2012 due to protests and intimidation that are not related to education but to the unhappiness of the communities over the lack of tarred roads in the municipality;
(3) further notes that in the Western Cape, education was disrupted in various schools due to the recent service delivery protests, and at Kayamandi High School in Kayamandi, Stellenbosch, the school was without electricity for the past two weeks as a result of illegal electricity connections to the school's electricity supply by the community adjacent to it; and
(4) takes this opportunity to express serious concern that the disruption and closure of schools severely impact on the schools, on learners and on education in general, and that it deprives learners of quality education and teaching time and jeopardises their preparation for the upcoming September exams.
Motion agreed to in accordance with section 65 of the Constitution.
Ms M G BOROTO
Ms D Z RANTHO
REJECTION OF STATEMENT BY MR LEES ON LOAN AMOUNT BETWEEN SOUTH AFRICA AND SWAZILAND
(Draft Resolution)
Ms M G BOROTO: Deputy Chair, I move without notice:
That the Council-
(1) notes that the Order Paper be amended to include the resolution that on Tuesday, 28 August 2012, the hon Alf Lees moved a motion without notice, raising concerns about the R1,4 billion bail-out to the Kingdom of Swaziland and asking that the House calls on government to refuse financial assistance to Swaziland;
(2) further notes that on the same day, the Minister of Finance, hon P Gordhan, issued a statement ... [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Boroto, can you just hold on? Hon Van Lingen, I can see that you are standing up.
Ms E C VAN LINGEN: Deputy Chairperson, I rise on a point of order: We passed a motion in this matter last week and it cannot be raised again.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Van Lingen, do me favour ... [Interjections.]
Ms E C VAN LINGEN: Deputy Chairperson, we have a ruling in this regard. [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): I was still talking.
Ms E C VAN LINGEN: I am sorry.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): I was still talking to you in particular. [Interjections.] Okay, are you listening to me now? You have asked me to make a ruling. With regard to the matter proposed for discussion in the Council, I would then say that paragraph A does not prevent the Council from amending or resending any order, resolution or vote on the previous draft resolution. I hope that it is clear enough. Thank you. Boroto, you may continue.
Ms M G BOROTO: Deputy Chair, I was saying, ...
(2) ... further notes that on the same day, the Minister issued a statement, clarifying that:
2.1. no amount of money had been paid by the government of South Africa to Swaziland; and
2.2. that negotiations between South Africa and Swaziland did not include R1,4 billion, as it was put by Mr Lees to the House,
(3) notes even further that the negotiations between South Africa and Swaziland are, in fact, over a possible loan of R2,4 billion, which has not been paid and no plans have been made to pay this amount or the R1,4 billion mentioned by hon Lees;
(4) acknowledges that the negotiations by authorities of the two countries are still under way;
(5) takes this opportunity to reject with utter contempt the misleading statement made by hon Lees; and
(6) resolves that hon Lees be asked to withdraw his statement, and, in case of failure to do so, that this matter be referred to the Presiding Officers to investigate the factual inaccuracies in the motion moved by hon Lees and report back to the House.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Is there any objection to the motion? [Interjections.] I will do it again for you, Ms Van Lingen. Is there any objection to the motion? [Interjections.] The majority said ... [Interjections.] Hon Van Lingen, hon Van Lingen, hon Van Lingen! [Interjections.] Either we reach an understanding or we don't. I am very serious about this. Don't you dare shout at me! I treat everybody in this Council the same. I am pleading with you, and not for the first time. Don't you dare shout at me! Hon member, did you have an objection?
Mr K A SINCLAIR: Yes, Deputy Chairperson. [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Boroto, you brought this up. Are you ... [Laughter.] ... Don't you dare ...
Mr K A SINCLAIR: Sorry, hon Deputy Chair.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Don't you dare! Don't you dare! I am talking to an hon member. Do you understand? Hon Boroto, can you just read the first part?
Ms M G BOROTO: Yes, Deputy Chair: I hereby move without notice that the Order Paper be amended to include the resolution that the Council ...
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): She has proposed an amendment. [Interjections.] She proposed an amendment, so in that case – can you please sit down until I finish this sentence? Then I will ask you to make your objection or whatever. Please!
Mr K A SINCLAIR: You know, that is my ...
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Please!
Mr K A SINCLAIR: Thank you.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): If that be the case, I will ask the provinces to vote. Are all the people present?
Mr A LEES: Hon Chair, thank you for the opportunity. On a point of order: could I please be informed in terms of which Rule the provinces are now voting?
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Well, the decision will be taken in accordance with section 65. I am proceeding now. Please ...
Mr K A SINCLAIR: Chairperson, apparently this matter is very easy. To my understanding, we are busy with a point on the Order Paper - motions without notice. In terms of that, if there is an objection to a motion, then it's rejected. Am I right or am I wrong?
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): You know, I just said something right now. Let the provinces vote on this motion.
Mr D V BLOEM: I can't start voting.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): No, you can't stop me, hon member, you can't. Sit down, please.
Mr K A SINCLAIR: Chair, with due respect ...
Mr D V BLOEM: Can I speak?
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Sit down, please.
Mr D V BLOEM: Can I speak?
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Do me a favour and sit down. I haven't given you permission to speak, hon Bloem. I'm now allowing you to speak.
Mr D V BLOEM: Chairperson, let's do the simple thing - majority rule, mama. Let's take the simple route - majority rule – and then this thing will be over.
Ms M G BOROTO: Deputy Chair, there is a proposal for an amendment here, and if we are going to do that, it is proper that we do it according to the Rules. You have ruled on that, saying the provinces should vote. Can we please do that? Thank you.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Well, I'm proceeding. I am now proceeding. I am not going to take any hands; I am proceeding.
Question put: That the motion be agreed to.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape and North West.
AGAINST: Western Cape.
Motion agreed to in accordance with section 65 of the Constitution.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Lees, I am not going to entertain any further discussion on this issue because voting has taken place. Thank you, Sir. You will what? No, repeat it. [Interjections.]
Mr A LEES: Deputy Chair, I'm saying to the hon member that we will approach the Chairperson after this. There's nothing wrong with that.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Which member?
Mr A LEES: The member over there.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Who is that member and what did he say? Hon member, with due respect, we are busy dealing with matters. So, if you want to converse with someone else, could you please do it softly. Thank you. Hon Lees, I rule you out of order.
Mr A LEES: Madam Chair, am I allowed to put my point of order?
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Unfortunately we have voted. Can you take your seat, please? Can you put it in writing?
Mr A LEES: Madam Chair, I wish to put a point of order, please.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Lees, I am not going to entertain you any further. Thank you very much.
Ms M G BOROTO: Hon Lees wants to raise a point of order but we have finalised the process. If there are problems, they know which processes to follow. Thank you, Chair.
Mr A J NYAMBI
Ms M G BOROTO
GOVERNMENT AND PRIVATE SECTOR PARTNER TO IMPROVE PEOPLE'S EDUCATION
(Draft Resolution)
Mr A J NYAMBI: I hereby move without notice:
That the Council-
(1) notes with a great sense of pride the laboratory launched at Umlazi, which was made possible by government and private sector partnership and has benefited learners from schools outside Durban;
(2) further notes that a major refinery in the area sponsored two state-of-the-art science laboratories at Umlazi High School and Isipingo High School. The new labs, built by SA Petroleum Refineries, Sapref, are world-class physical science labs and have the potential to inspire pupils' career path; and
(3) commends this great initiative and partnership by the government and private sector and encourages other provinces and departments to do the same and continue to improve the education of our children.
Motion agreed to in accordance with section 65 of the Constitution.
Mr B L MASHILE
Mr A J NYAMBI
COUNCILLOR NDAWENI MAHLANGU BROUGHT HOPE TO RESIDENTS OF THEMBISILE HANI LOCAL MUNICIPALITY
(Draft Resolution)
Mr B L MASHILE: I hereby move without notice:
That the Council-
(1) notes the achievement of Councillor Ndaweni Mahlangu, the mayor of Thembisile Hani Local Municipality in Kwaggafontein in Mpumalanga, to improve the municipality's collection rate by 18% since his appointment only in June last year;
(2) notes that given Mayor Mahlangu's appointment only a year ago, and despite the fact that the municipality is one of the identified poverty-stricken municipalities in the province, he has managed to develop and implement a turnaround strategy, thereby changing the tide and stabilising the municipality through responsible leadership;
(3) further notes that with this leadership, the mayor has not only improved the capacity of the municipality to deliver better services to its communities but has also given them hope for a better life in future; and
(4) takes this opportunity to commend and congratulate Mayor Ndaweni Mahlangu on his leadership and calls on the leadership in all other municipalities to follow suit and further calls on provincial government, the provincial department of co-operative governance and traditional affairs, the provincial treasury, as well as the SA Local Government Association to render ongoing assistance and support to the municipality and to ensure that the initiative and leadership of the mayor gain further momentum.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Are there any objections?
HON MEMBERS: Yes!
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): In view of the objection, the motion may not be proceeded with. The motion without notice therefore becomes a notice of motion.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Mr Lees, you are on the list - I wonder if you are still interested? Hon members, we've wasted a lot of time. I have to cut and proceed with the next item.
Mr A LEES: I will take the opportunity but I do not appreciate the comment you made.
Mr A LEES
Mr B L MASHILE
ZIMBABWEAN GOVERNMENT APPROACHED SA GOVERNMENT FOR FINANCIAL ASSISTANCE
(Draft Resolution)
Mr A LEES: Madam Chair, on behalf of the DA I hereby move without notice:
That the Council-
(1) notes with concern reports that the Zimbabwean government has approached the SA government for financial assistance and that Minister Gordhan is due to meet the Zimbabwean Finance Minister, Mr Biti, later this month;
(2) also notes the failure of the Zimbabwe African National Union - Patriotic Front, Zanu-PF, to allow the full implementation of the accord agreed to between Zanu-PF and the Movement for Democratic Change, MDC;
(3) further notes the failure of Zanu-PF to accept the constitution that it has negotiated with the MDC and the reported intimidation tactics against their opponents adopted before previous elections, as well as the apparent current escalation of these tactics;
(4) resolves to call upon the SA government to impose strict conditions on any financial assistance to Zimbabwe; and
(5) stipulates that such conditions must include the full implementation of the accord agreed to between the MDC and Zanu-PF; the adoption by Zanu-PF of the new constitution for Zimbabwe, as negotiated with the MDC; the implementation of universal human rights; the immediate cessation of political intimidation; full protection by the police and justice for anyone exposed to intimidation and violence.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Are there any objections?
HON MEMBERS: Yes!
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): In view of the objection, the motion may not be proceeded with. The motion without notice therefore becomes a notice of motion.
Mr M P SIBANDE
Mr A LEES
DESIGN, DEVELOPMENT AND BUILDING OF SOLAR CAR BY NELSON MANDELA METROPOLITAN UNIVERSITY STUDENTS
(Draft Resolution)
Mr M P SIBANDE: Hon Deputy Chair, I move without notice:
That the Council -
(7) notes that a team of engineering students consisting of local and international students from multiple faculties studying at the Nelson Mandela Metropolitan University in Port Elizabeth, Eastern Cape, under the sponsorship of Volkswagen South Africa, have designed, developed and built a solar car to participate in the third SA Solar Challenge next week;
(8) further notes that renewable energy will play a significant role in the future of the automotive industry and by embarking on this project, the students will gain valuable knowledge and skills that they can bring into the engineering field;
(9) notes even further that the car has been designed and manufactured to reduce energy consumption as much as possible and will travel the length and breadth of South Africa with a 6m2 solar deck producing no more power than it takes to run a hairdryer;
(10) acknowledges that a battery pack of lithium ion cells, usually used for laptops, has been integrated to supply enough power should the heat of the sun not provide sufficient energy;
(11) commends and congratulates the students on this unique project and wishes them well for the race; and
(12) extends our gratitude and appreciation to Volkswagen SA for their substantial financial and technical contribution.
Motion agreed to in accordance with section 65 of the Constitution.
FIRST MOTION ON ORDER PAPER
Mr M P SIBANDE
EXTENSION OF DEADLINE BY WHICH AD HOC COMMITTEE ON CODE OF JUDICIAL CONDUCT AND REGULATIONS ON JUDGE'S DISCLOSURE OF REGISTRABLE INTEREST
(Draft Resolution)
The ACTING CHIEF WHIP OF THE COUNCIL (Ms M G Boroto): Hon Deputy Chairperson, I move:
That the Council extends the deadline by which the Ad Hoc Committee on the Code of Judicial Conduct and Regulations on Judges' Disclosure of Registrable Interests has to report, with effect from 7 August 2012 to 30 November 2012.
Question put: That the motion be agreed to.
IN FAVOUR:Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Motion agreed to in accordance with section 65 of the Constitution.
SECOND MOTION ON ORDER PAPER
FIRST MOTION ON ORDER PAPER
RESOLUTION OF JUDGES' REMUNERATION AS AMENDED BY SECTION 15 OF JUDICIAL OFFICERS ACT
(Draft Resolution)
The ACTING CHIEF WHIP OF THE COUNCIL (Ms M G Boroto): Hon Deputy Chairperson, I move:
That the Council resolves, in terms of section 2(4)(b)(i) of the Judges Remuneration and Conditions of Employment Act, Act No 47 of 2001, as amended by section 15 of the Judicial Officers (Amendment of Conditions of Service) Act, Act No 28 of 2003, to approve in whole the determination by the President of the Republic of South Africa of the rate of salaries and allowances payable to Constitutional Court Judges and Judges, as it appears in the Draft Notice and Schedule of 23 August 2012, tabled in the Council on 28 August 2012.
Question put: That the motion be agreed to.
IN FAVOUR:Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Motion agreed to in accordance with section 65 of the Constitution.
THIRD MOTION ON ORDER PAPER
SECOND MOTION ON ORDER PAPER
DISMISSAL OF SECRETARY TO PARLIAMENT FOR SERIOUS MISCONDUCT
(Draft Resolution)
The ACTING CHIEF WHIP OF THE COUNCIL (Ms M G Boroto): Deputy Chair, on behalf of the Chief Whip of the Council, I move the draft resolution printed in her name on the Order Paper, as follows:
That the Council-
(1) notes that-
(a) in a memorandum dated 1 December 2011, the Secretary to Parliament, Mr Z A Dingani, who is also the accounting officer, requested approval from the executive authority to Parliament for a "salary advance" in the amount of R186 000 to build a security boundary wall at his private residence;
(b) the executive authority approved the request on the basis that the Secretary to Parliament asserted that Parliament's policies made provision for the granting of advances against salary in exceptional cases;
(c) it was later alleged that the said "salary advance" was improper;
(d) as section 67(2)(a) of the Financial Management of Parliament Act, FMPA, Act 10 of 2009, obliges the executive authority to investigate promptly any allegation of financial misconduct against the accounting officer unless it is obviously unfounded, the executive authority requested the Auditor-General to investigate the matter;
(e) on 5 April 2012, the Secretary to Parliament was on paid special leave in order to allow the investigation of the matter by the Auditor-General;
(f) on 9 May 2012, the Auditor-General recommended that disciplinary action be considered against the Secretary to Parliament;
(g) in accordance with section 67(2)(b) of the FMPA, the executive authority instituted disciplinary proceedings in accordance with the applicable systems and procedures;
(h) on 18 June 2012, the Secretary to Parliament was charged with nine counts of serious misconduct, and on 3 September 2012, a disciplinary hearing presided over by an external chairperson found him guilty on two of the charges, namely that he-
(i) misled the executive authority of Parliament with regard to the existence and/or content of policies by misrepresenting to the executive authority of Parliament that the policies of Parliament made provision for the granting of a salary advance; and
(ii) obtained an interest-free loan of R186 000 from Parliament, in contravention of Parliament's procedures and/or practices and applicable legislation;
(i) in light of the seriousness of the misconduct and of several key provisions of the FMPA that were contravened, the disciplinary hearing, on 6 September 2012, recommended that the Secretary to Parliament be dismissed with immediate effect;
(2) accepts the findings of the disciplinary hearing; and
(3) resolves that the Secretary to Parliament be dismissed with immediate effect.
Motion agreed to in accordance with section 65 of the Constitution.
FIRST ORDER (ORATIONS OF CONDOLENCE)
THIRD MOTION ON ORDER PAPER
MOTION OF CONDOLENCE
(The late Sister Bernard Ncube)
Ms M P THEMBA: Chairperson, I am paying tribute to a struggle hero, Sister Bernard Ncube, who was a activist for women's rights and a long-time opponent of South African apartheid. As a small, tough as nails, militant Roman Catholic nun, she organised and inspired a generation of women to stand up for their human rights and fight apartheid.
Sister Bernard Ncube was consecutively and sometimes concurrently a member of the Select Committee on Arts, Culture and Language, and on Science and Technology; an alternate member of the Select Committee on the Reconstruction and Development Programme and on Safety and Security; a member of Private Members' Legislative Proposals and Petitions; a member of the Ad Hoc Committee on Ratification of Convention on the Rights of the Child; alternate member of the Select Committee on Abortion and Sterilisation; a member of the Ad Hoc Committee on the Development Facilitation Bill; and a member of the Joint Standing Committee on Members' Interests.
Sister Ncube was involved in the launching of the Kagiso Ratepayers Association and the Young Christian Workers Association, which became breeding grounds for a generation of anti-apartheid and trade union activists. Her final deployment was as the mayor of the West Rand District Municipality, where she served between 2002 and 2005.
Indeed, losing a struggle giant and a woman of courage is a great loss. This is the time to celebrate her life and acknowledge her contribution to the struggle and to the empowerment of women. Sister Bernard Ncube was a struggle veteran and a champion of women's rights in South Africa. Sister Ncube, who died on Friday 31 August 2012 at the age of 80, played an integral role by organising women in the 1970s and 1980s in the then Transvaal. She also assisted in establishing the Federation of Transvaal Women and later became that organisation's president.
In 1994, she was elected a member of the first democratic Parliament. She was also the chairperson of the Arts and Culture Portfolio Committee. Comrades, friends and compatriots, it is a challenge for me to share with you the achievements of this stalwart. The formation of the Federation of Transvaal Women demonstrated her concern for women's issues during the dark days of apartheid. This shows that she was a pragmatist who believed in driving change rather than being an eloquent speaker who did not deliver.
Sister Bernard identified passionately with the frustrations that boiled over in the 1976 student uprising in Soweto. She hid students on the run from the police in her convent and arranged hiding places for those she could not accommodate. She was so loved by her community that it gave her the nickname Mmarona [our mother]. The apartheid security police did not feel the same way about her. Their only aim was to destroy the influence of a 50-year-old Catholic nun who was fighting for the liberation of her people. Her story became one of the most evocative of the 1980s.
When Sister Ncube joined the United Democratic Movement, she had the intellect to understand that although women's issues were important, the bigger enemy was apartheid. She fought hand in hand with all of us who believed in a democratic, nonsexist South Africa until we established a democratic government. In that democratic government, she played a pivotal role in fighting for legislation that addressed women's problems. We remember the statistics that showed the prevalence of rape, even then. Therefore, at a time when it was not popular to fight for abortion to enable women who were victims of rape to have this choice, she led this fight and made sure that the legislation on abortion was passed.
I know a lot will be said and has been said about Sister Bernard being a nun, but I must also acknowledge her achievements as a nun, her commitment to her country and her desire for a better life for all. She understood that one could be a Christian but the Christian belief could not be pursued in an oppressive apartheid system. It was therefore better to fight with the collective so that we could all practise our various beliefs in a democratic South Africa.
Her life must serve as a reminder to all women that the struggle for the emancipation of women is not over. Our children and their children need to know that we have taken the baton and are marching on to ensure that women are treated as equals in our country. May the celebration of the life of such heroes remind us that we need to change South African men who rape and abuse women to people who have goals to make our country a better country. The time has come for us as women to challenge our society; to have stable homes with both parents present, so that discipline can begin at home.
Setswana:
Robala ka kagiso mmarona. Re a leboga.
Ms E C VAN LINGEN
Ms M P THEMBA
Ms E C VAN LINGEN: Hon Chairperson, on behalf of the DA, I pay tribute to the life of Sister Bernard Ncube. Her life deserves acknowledgement for her compassion for the struggle for freedom and women's rights. Sister Bernard Ncube, who was elected a Member of Parliament in 1994 and chaired the Committee for Arts and Culture and for Science and Technology, leaves a legacy of inspiration and courage. She was also an alternate member of various select committees in the NCOP.
She was born in 1932, studied theology in Lesotho and entered her Catholic order in 1955. Thereafter, she taught until 1960. In the years to follow, until the early 1980s, she was instrumental in the formation of women's organisations in the then Transvaal region. She was elected president of the Federation of Transvaal Women in 1984. Between 1983 and 1986, she was detained six times under the emergency regulations of the day, and once placed in solitary confinement for three months. She was charged with sedition and subversion. She was eventually released because of international pressure.
She was a leader of the United Democratic Front. In 1989, she was part of the delegation who met with President Bush of the United States of America. In 1991, she was elected a national executive committee member of the ANC. She had courage. For instance, in 1986 she was instrumental in bringing a court interdict against the activities of the SA Police and SA Defence Force in Kagiso. Few would have dared.
She also went against the wishes of the Vatican when she agreed to her nomination to the ANC's parliamentary lists in 1994. The Catholic Church leadership disapproved of clerics and nuns getting involved in party politics or holding office. Her final deployment was as mayor of the West Rand region in Johannesburg.
She was determined to see change happen. She said, "Repression was not only in detention, but also in the mind of the child born without fundamental human rights." We will remember her passing with sadness and hold dear in our hearts her contribution to freedom in South Africa.
We offer our heartfelt condolences to her family. May she always be remembered for her life and her legacy.
Mr D V BLOEM
Ms E C VAN LINGEN
Mr D V BLOEM: Chairperson, let me start by expressing my appreciation to the government for the fitting send-off given to our beloved Sister Bernard Ncube. She deserved it. The freedom we enjoy today was brought about by people like Sister Bernard Ncube.
Sister Bernard - a nun, freedom fighter and mother to many of us - was part of our struggle for freedom, justice and peace. She was so beloved by her community and comrades that her nickname was Mmarona, meaning "our mother". She was not only there for the oppressed but also for the oppressor.
The reason, I think, that Bernard Ncube was involved in the freedom struggle was because of her Christian conviction based on the principles of the Bible. The Bible teaches us to love our neighbour as you love yourself, and she lived for that. People could not understand why a nun was not even scared of going to jail and living with death threats all her life.
Sister Bernard spent time in prison, as if she were a criminal. Neither prison nor death threats deterred Sister Bernard in her convictions. It was very dangerous to be a freedom fighter at that time. It was a case of prison or death. Sister Bernard Ncube was prepared for that.
Those of us who had the privilege of working with her in the UDF and ANC can say without any doubt that Sister Bernard Ncube was a true hero. I must say that this is a huge loss for the entire country, especially now that the country needs leaders like Sister Bernard Ncube. On behalf of Cope, I wish to express our condolences to the family and friends of Sister Bernard Ncube. May her soul rest in peace.
IsiXhosa:
Hamba kahle mama. [Kwaqhwatywa.]
Debate concluded.
The Council observed a moment of silence in honour of the late Sister Bernard Ncube.
SECOND ORDER
FIRST ORDER
JUDICIAL MATTERS AMENDMENT BILL
(Consideration of Bill and of Report thereon)
Mr T M H MOFOKENG: Chairperson and hon members, the Judicial Matters Amendment Bill deals with matters relating to the powers and function of the Special Investigating Unit, as well as those relating to the consultation process required in terms of the National Prosecution Authority Act, Act No 32 of 1998, to determine the annual cost-of-living salary increases of Deputy Directors of Public Prosecutions.
Although the select committee was satisfied with the department's responses to its concerns and questions, raised during deliberations on the Bill, it was recommended that the executive standardise policy, legislation and processes around salary increases to prevent a situation where individual categories of public servants require legislation to be introduced to address their unique concerns in this regard in a piecemeal fashion.
Having considered the Bill, the committee recommends to the House that the Bill be adopted. [Applause.]
Debate concluded.
Bill accordingly agreed to in accordance with section 75 of the Constitution.
THIRD ORDER
SECOND ORDER
USE OF OFFICIAL LANGUAGES BILL
(Consideration of Bill and of Report thereon)
Ms M W MAKGATE: Hon Chairperson, section 6(1) of the Constitution of the Republic of South Africa declares that South Africa has 11 official languages. Subsection 4 goes further to say that government must regulate and monitor the use of these official languages. In addition, section 6(2) of the Constitution gives a directive to the state to say:
Recognising the historically diminished use and status of the indigenous languages of our people, the state must take practical and positive measures to elevate the status and advance the use of these languages.
It is in that spirit and for that purpose that the ANC government decided to come up with the Use of Official Languages Bill. The main aim of this Bill is to ensure that all South African languages are treated equally when it comes to government purposes.
The Use of Official Languages Bill has the following key objectives: to regulate and monitor the use of official languages by the national government for government purposes; to require the adoption of a language policy by a national department, national public entity and national public enterprise; to provide for the establishment and functions of a National Language Unit; and to facilitate the intergovernmental co-ordination of language units.
Clause 9(1) of the Bill empowers the Minister to monitor the use of official languages by the national government for government purposes. According to Clause 7 of the Bill, the Minister has the power to exempt, by notice in the Gazette, a national public entity or national public enterprise from establishing a language unit. If a department, an entity or enterprise is exempted from establishing a language unit, the Minister must assign a senior employee to perform the functions of a language unit. Clause 4(2)(f) of the Bill provides for the establishment of a complaints mechanism or the ombudsman to deal with complaints by members of the public on the use of official languages.
It is crucial to indicate that this will be the first-ever Language Act to be promulgated in the history of South Africa, and it is without any doubt a breakthrough for all official languages and, in particular, indigenous languages of historically diminished use and status. In the main, the Bill seeks to ensure that the citizens of South Africa receive communication services in their first language - the languages they understand best - and this is another way of improving service delivery for the people of South Africa.
After tabling the Use of Official Languages Bill before the Portfolio Committee on Arts and Culture on 07 November 2011, the Department of Arts and Culture accordingly tabled the Bill to the Select Committee on Education and Recreation on 15 August 2012. The Select Committee on Education and Recreation, having considered the Bill, tabled in terms of section 231(2) of the Constitution, Act 108 of 1996, recommends that the House approves the Bill.
Debate concluded.
Bill accordingly agreed to in accordance with section 75 of the Constitution.
FOURTH ORDER
THIRD ORDER
CONSIDERATION OF ANNUAL REPORT OF JOINT COMMITTEE ON ETHICS AND MEMBERS' INTERESTS
Mr B L MASHILE: House Chairperson, this report is presented in terms of Joint Rule 124(2), which stipulates that the committee must report to both Houses at least annually on the operation and effectiveness of the code of conduct. The Council should note that this has already been done in the National Assembly.
In 2010 the committee considered 31 allegations of nondisclosure identified by the Auditor-General when the annual audit of Parliament was conducted. All members who were found to be noncompliant in respect of the disclosure of interests were required to attend compulsory briefings on the code. All the members' names in the report complied with the recommendation of the committee that required them to attend the compulsory workshop.
The 2011 Register of Members' Interests has been compiled, adopted and made public, in terms of the requirements the code of conduct. All members have submitted their disclosure forms. However, certain members needed to be reminded and pushed to comply, but we are happy that after that little effort they have complied and submitted their disclosures.
The committee considered seven allegations of nondisclosure. A report on the complaint against Miss Yolanda Botha was tabled. Both Mr Dexter and Mr Godongwana resigned before the investigations were concluded. The complaint by Mr Davidson on Travelgate was outside the scope of the committee. At the closing of this particular annual report, the committee was still considering three complaints, which will obviously run into the next financial year.
The committee also has the mandate in terms of Joint Rule 124(1) to develop standards of ethical conduct for Assembly and Council members; to serve as an advisory and consultative body both generally and to members; and also to regularly review the code and make recommendations for its amendments. The committee is at present dealing with the revised code.
In May 2011, three members of the Joint Committee on Ethics and Members' Interests visited the German Bundestadt to interact with their counterparts on matters related to ethics. The visit was a success.
In November 2011 the co-chairpersons of the committee attended a good governance conference, convened by the Public Protector, on strengthening synergies and leadership in ensuring public accountability. That conference was also a success.
The co-chairperson of the committee requested that the Public Protector investigate allegations regarding the conduct of Minister Sicelo Shiceka. The report of the Public Protector was noted by the committee.
To conclude, the purpose of the code of conduct is to help members conduct themselves appropriately as public representatives. Our task is to outline acceptable behaviour, establish minimum standards and ensure that members' personal interests are open to public scrutiny. At times these duties are onerous and sensitive, but we have a responsibility to uphold the standing and reputation of Parliament.
The committee would like all members to continue to protect the dignity of Parliament by complying with the code annually. This report is presented to the House as required. We hope that we have fulfilled our task in a responsible manner. This report is presented for consideration and adoption.
Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
FIFTH AND SIXTH ORDERS
FOURTH ORDER
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT ON AGREEMENT BETWEEN GOVERNMENT OF RSA AND GOVERNMENT OF ISLAMIC REPUBLIC OF IRAN ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT ON EXTRADITION TREATY BETWEEN GOVERNMENT OF RSA AND GOVERNMENT OF THE ISLAMIC REPUBLIC OF IRAN
Mr T M H MOFOKENG: House Chairperson, the extradition treaty and the agreement concerning mutual legal assistance in criminal matters between South Africa and Iran were both tabled in terms of section 231(2) of the Constitution, Act 108 of 1996, because these are actually two separate legal instruments that both require ratification by Parliament.
In terms of the extradition treaty, a state can request the extradition of a fugitive only if the offence in question is in both countries and is punishable by a sentence of at least one year's imprisonment. The state from which the extradition is requested can refuse such a request. If a person is a national of the requested state, then proceedings must be instituted within the requested state.
The state from which the extradition is requested may also refuse extradition if the matter involved a political or a military offence or if the potential sentence for the offence in question is substantively different in both states, and also if the requesting state fails to provide assurance that the person in question will not be subjected to cruel, inhumane or degrading punishment, torture or detention without trial.
The treaty has no specific provision dealing with extradition in cases where the death penalty can be imposed. However, according to the Department of Justice and Constitutional Development this is covered by the provision regarding cruel, inhumane and degrading punishment, as the Constitutional Court has stated that the death penalty amounts to cruel, inhumane or degrading punishment.
South Africa would therefore refuse extradition in cases where a person would be sentenced to death in Iran, where the death penalty is still in operation, unless the government of Iran assures South Africa in writing that the death penalty will not be imposed or, if it is imposed, it would not be carried out.
With regard to an agreement concerning legal assistance, the agreement provides for surrender to legal evidence and forfeited properties linked to the commission of the crime in question to be kept by the requesting state until the end of the trial, when it would be decided by both states whether or not such properties or evidence would be returned.
South Africa has a foreign mission in Iran and the committee was informed that there have been renewed attempts to strengthen diplomatic ties between South Africa and Iran, and that South Africa therefore has an obligation to honour the treaty and agreement signed with Iran. There were also no limitations from bodies like the African Union and the Southern African Development Community, SADC, that prevented South Africa from dealing with Iran.
The committee proposes that the House should adopt the extradition treaty and the agreement.
Debate concluded.
Question put: That the Report of the Select Committee on Security and Constitutional Development on Agreement between the Government of the Republic of South Africa and the Government of the Islamic Republic of Iran on Mutual Legal Assistance in Criminal Matters be adopted.
Declaration of vote:
Mr D JOSEPH: Hon Chair, today Minister hon Jeff Radebe tabled in Parliament the extradition treaty between the Republic of South Africa and the Islamic Republic of Iran.
The state law advisers have indicated that the proposed treaties are not in conflict with South Africa's domestic law and existing international obligations. The DA in the Western Cape province is of the opinion that the domestic laws of the Islamic Republic of Iran are in conflict with our constitutional democracy, which guides our domestic laws.
The extradition treaty, which refers to international co-operation, has to ensure that both the RSA and the Islamic Republic of Iran do not become easy targets for criminal activity. We are all aware of the poor human rights record of Iran and the negotiating team confirmed this in their reports. The fight for human rights and democracy in South Africa did not come cheap. People paid with their lives and spent many years in jail - and the international community supported us. [Interjections.]
The HOUSE CHAIRPERSON (Mr R J Tau): Hon member, can I just establish something with you. Is this a provincial declaration or a party declaration?
Mr D JOSEPH: It is a provincial and a party declaration.
The HOUSE CHAIRPERSON (Mr R J Tau): Proceed.
Mr D JOSEPH: How will we ensure that after a person is being extradited to Iran, protection will be in place against detention without trial, torture, punishment in a cruel way or in any action that is against human dignity, which includes the death penalty? The DA and the Western Cape delegation want to say that we are not convinced that a country like Iran, with no democratic systems and a poor human rights record, will uphold the extradition treaty. We will therefore not vote in favour of the extradition treaty between the Republic of South Africa and the Islamic Republic of Iran.
The HOUSE CHAIRPERSON (Mr R J Tau): Thank you, hon member. Does any other province wish to make a declaration of vote? In the absence of any more declarations, we proceed to voting on the question. Just as a way of caution, the reason I had to ask that question was the consistent reference to the party. It needs to be clear that it is a provincial declaration and not a party declaration.
Question put: That the Report be adopted.
Mr D JOSEPH: On a point of clarity, hon Chairperson: I just want to make sure whether we are voting on the Fifth and Sixth Order combined?
The HOUSE CHAIRPERSON (Mr R J Tau): We are voting separately.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
The HOUSE CHAIRPERSON (Mr R J Tau): Hon member, I called this order, which is the Fifth Order. I also asked whether there was any province that wished to make a Declaration of Vote. The Western Cape stood up and made their Declaration of Vote. At the end, or in their conclusion, they declared they did not agree. My understanding is that the DA therefore intended to vote against the Order. Are you changing that?
Mr D JOSEPH: House Chairperson, I made a Declaration of Vote on the Sixth Order.
The HOUSE CHAIRPERSON (Mr R J Tau): Oh, so you made a Declaration of Vote on the Sixth Order while we were dealing with the Fifth Order? [Interjections.] Alright, that's fine.
Mr M J R DE VILLIERS: Chairperson, hon D Joseph has already delivered a Declaration relating to the Sixth Order on the Order Paper. Must he repeat it or does it stand? The Declaration has already been made.
THE HOUSE CHAIRPERSON (Mr R J Tau): That is not a point of order, but rather a procedural issue. I will definitely have to get advice on that. [Interjections.] According to the advice I have been given, it will be recorded as a Declaration on the Sixth Order. It will therefore be noted as such.
Debate concluded.
Declaration of Vote made on behalf of the Western Cape.
Question put: That the Report be adopted.
IN FAVOUR:Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West.
AGAINST:Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
Report accordingly adopted in accordance with section 65 of the Constitution.
SEVENTH ORDER
SIXTH ORDER
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON TRADE AND INTERNATIONAL RELATIONS - AGREEMENT BETWEEN GOVERNMENT OF REPUBLIC OF RSA AND GOVERNMENT OF REPUBLIC OF CUBA ON ECONOMIC ASSISTANCE
Mr D D GAMEDE: Chairperson, this agreement between the government of the RSA and the government of the Republic of Cuba on economic assistance was signed in Pretoria on 3 February 2012, by Minister Rob Davies and the ambassador of Cuba, His Excellency Angel Villa.
The financial package set out in the agreement consists of facilities A, B and C. Facility A is a grant of R40 million for the purchase of seed, and R5 million is allocated for the purchase of seed in South Africa. The remaining R35 million is for the purchase of seed either in South Africa or elsewhere in the world.
Facility B is a solidarity grant of R100 million for the purchase of goods in the South African market. Facility C is a R210 million credit line, wherein a first tranche of R70 million will be made available immediately on entry into force of the agreement. The second tranche of R140 million will be made available after the repayment of the initial R70 million.
In view of South Africa's recognition of these strategic avenues for deepening dialogue and bilateral economic relations, the Select Committee on Trade and International Relations requests that the House ratifies the agreement on economic assistance between the government of the RSA and the government of the Republic of Cuba.
DECLARATIONS OF VOTE - Mr M J R DE VILLIERS
Mr D D GAMEDE
Declarations of vote:
Mr M J R DE VILLIERS: Chairperson, a generous and charitable spirit is a virtuous quality for any nation. It is only fair that South Africa should be known in the community of nations as a generous state that is willing to help where and when our help is sorely needed.
Here at home, we have millions of people trapped in a cycle of poverty. Our own people are homeless; our own people are jobless; our own people struggle to feed themselves. This money we are so easily giving to Cuba is money we could put to work here in our own country. What is the motivation for bailing out the Castro regime, which remains hellbent on maintaining the communist status quo by limiting freedom of expression, association, assembly, movement and the press?
South Africa should always seek to lead other countries in democratic transition, respect for human rights, constitutionalism and freedom. We must leverage our influence and stand as an example to the world. Is this our policy with respect to Cuba? The ANC is betraying the people of South Africa with its grant to Cuba. [Interjections.] The ANC is still a captive of Cold War communist ideology. The Cold War is over! It was won by the forces for freedom and prosperity. Cuba's relentless adherence to a failed ideology is the root cause of its economic woes. The Castro regime should be consigned to the pages of history. It is a modern absurdity on the lunatic fringe of global politics.
South Africa should not declare any solidarity with the communist Cuban regime. The ANC proposes that this Parliament declares its solidarity with the Castro regime by giving it R250 million, over and above the R1,1 billion of bad Cuban debt that President Zuma wrote off last year. If the ANC wishes to repay an old debt to Cuba, let the money come from Luthuli House. [Interjections.] The ANC will easily find... [Time expired.]
Mr L P M NZIMANDE
Mr M J R DE VILLIERS
Mr L P M NZIMANDE: Chairperson, on behalf of KwaZulu-Natal we recognise the work that Cuba has done to contribute to the health of the people of the province by providing an education to medical doctors and many other personnel and accepting our young people for training in Cuba. We therefore feel that if Cuba is in trouble, we, as South Africa, and not only the people of KwaZulu-Natal, should be true friends. The people of South Africa have benefited from the contribution of Cuba socially and in terms of health and education. There can be no question about that.
The DA is being malicious by choosing friends for the people of South Africa in favour of the capitalist countries. They don't raise these issues against any country that is a capitalist country, except to say to the people of South Africa that the ideology of ubuntu is a useless philosophy or ideology. The people of South Africa must take the DA for what it is: it rejects anything that helps and empowers people, as well as anything that recognises that the people of South Africa are people too. They should also adopt ubuntu as a concept for Africa. [Applause.]
Mr G G MOKGORO
Mr L P M NZIMANDE
Mr G G MOKGORO: Chair, in agreement with what hon Nzimande from KwaZulu-Natal said, I want to repudiate the notion just expressed by the Western Cape. I would like to remind the Western Cape that besides the health assistance that we are getting from Cuba, as poor as Cuba is and as small as it is, that help is for the South African nation.
I would like to bring to the attention of the Western Cape that even the freedom we enjoy today is because of the enormous assistance and sacrifices that Cuba made for the South African people. I would like to say to the Western Cape that hon De Villiers would not have had the opportunity of sitting in this House today had it not been for the assistance that Cuba gave the people of South Africa. It helped us to defeat apartheid and bring South Africa to where it is today, allowing us to be sitting in this House. [Applause.]
Mr T H M MOFOKENG
Mr G G MOKGORO
Mr T H M MOFOKENG: Chairperson, I just want to add my sentiments to what has been said by KwaZulu-Natal and the Northern Cape. Last month, Cuba accepted students from the Free State to go and study medicine in that country. It cannot be that when they need us, ...
Sesotho:
... re ba qhalla matsoho. [... we shun them.]
English:
Thank you very much. [Applause.]
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West.
AGAINST: Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
EIGHTH ORDER
SEVENTH ORDER
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SOCIAL SERVICES – APPOINTMENT OF CANDIDATES TO SERVE ON CENTRAL DRUG AUTHORITY BOARD
Mrs R N RASMENI: Hon Chairperson, the re-entry of South Africa into the international arena in 1994 brought with it new opportunities, international obligations and responsibilities on the one hand and a new range of new challenges on the other hand.
The Central Drug Authority, which was approved by Cabinet in 1998, co-ordinates and streamlines the national fight against drugs on all fronts. It is a statutory body that is appointed by the Minister of Social Development in terms of the Prevention and Treatment of Drug Dependency Act, Act 20 of 1992, as amended, with the stated overarching goal of facilitating communication on various levels in the field of drug prevention.
The CDA consists of 12 nominated experts in the field of substance abuse. They are selected after interviews conducted by the parliamentary Portfolio Committee on Social Development and the Select Committee on Social Services jointly, and they are appointed by the Minister of Social Development for a five-year period. In order to achieve a well-coordinated approach, nominated representatives from 12 national government departments and two entities were also appointed to the CDA.
The term of office of the CDA members expired in April 2012. A request from the Minister of Social Development, hon Bathabile Dlamini, to fill 12 vacancies at the CDA was referred to both the Portfolio Committee on Social Development and the Select Committee on Social Services on 26 July 2012. The committees were tasked to shortlist, interview and submit recommendations to the Minister of Social Development for the purpose of appointing suitable candidates to serve on the CDA. The committees received 64 curricula vitae of applicants, and after a thorough scrutiny of the curricula vitae, they unanimously shortlisted 24 candidates.
The Select Committee on Social Services recommends that the House, in accordance with the Prevention and Treatment of Drug Dependency Amendment Act, Act 14 of 1999, recommends to the Minister of Social Development that the following persons serve on the Central Drug Authority Board: Mr J Kruger from the Free State; Dr E Eberlein, Mr D Bayever, Dr Silva, Mr C Mpyane, Mr M M Gama and Mr Ucko, who are all from Gauteng; Mrs Du Toit and Ms Ndlovu from Kwazulu-Natal; Ms Salter from Limpopo; Dr Manyedi from North West and, lastly, Prof Steyn from the Western Cape.
The use of drugs and substances continues to impact negatively on the type of society we seek to build. The ANC-led government is therefore committed to putting up a fight against substance and drug abuse in our communities and it remains committed to exploring further awareness and education campaigns in relation to drug trafficking and substance abuse. [Applause.]
Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
The Council adjourned at 16:06.
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