Hansard: NCOP: Motions

House: National Council of Provinces

Date of Meeting: 15 Aug 2012

Summary

No summary available.

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Minutes

UNREVISED HANSARD

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Thursday, 16 August 2012 Take: 159

START OF DAY

THURSDAY, 16 AUGUST 2012

PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES

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The Council met at 14:03.

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

NOTICES OF MOTION

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Start of Day

NOTICES OF MOTION

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

That the Council-

notes that large veld fires, which had been spread by strong winds, have devastated many farms in the Free State province;

(2) further notes that veld fires have destroyed valuable grazing and baled lucerne in storage on 17 farms, so far, together with much game such as blesbok;

(3) acknowledges that to date, some 120 000 hectares have been burnt, exceeding last year's total figure;

(4) further acknowledges that fires have been reported in the Viljoenskroon, Vredefort, Kroonstad, Dewetsdorp and Memel districts to name just a few;

(5) recognises that Working on Fire has 11 teams that are assisting, for which we are thankful for; and

(6) appeals to everyone to be extremely cautious when dealing with any form of fire, particularly during the winter months.

Mr D V BLOEM

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Mr D A WORTH

Mr D V BLOEM: Chairperson, I hereby move without notice:

That the Council-

(1) notes that the South African women played a central role...

The CHAIRPERSON OF THE NCOP: Mr Bloem, these are notices of motion, not motions without notice. I will give you a chance; you will be the first one to speak when we get there.

Mr Z MLENZANA

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The CHAIRPERSON OF THE NCOP

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

That the Council-

notes the political intervention by hon Malusi Gigaba in

dismissing the Board of SA Express due to corporate

governance failures;

further notes that this intervention was required given the

poor performance of the previous board, contraventions of

the Companies Act, etcetera, and that this, once again, raises the issue of competent board appointments and experience of those who serve in the airline industry;

acknowledges that the appointment of the new board presents

a turnaround plan to get the airline's financial reporting

in compliance with the necessary regulations, and to properly account for the R1 billion reflected as adjustments in the financial statements; and

calls upon the Minister of Public Enterprises, as a shareholder, to have a closer and continuous oversight on SA Express.

Mr A G MATILA

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Mr Z MLENZANA

Mr A G MATILA: Chairperson, I hereby give notice that on the next sitting of the Council I shall move on behalf of the ANC:

That the Council-

notes with concern the rise in service delivery protests, especially in the Western Cape, the outcry by the poor communities within the City of Cape Town for better services and the improvement of their living conditions;

(2) further notes the right of people to protest, but regrets and condemns any acts of violence, intimidation, damage to property and/or threats to lives during these protests;

(3) expresses its heartfelt condolences to the loved ones of those who have lost their lives;

(4) acknowledges that the Western Cape government and the City of Cape Town have not only failed to provide all communities with the same standard of services and to improve the dismal living conditions of the poor, but that Premier Zille and Mayor de Lille have also failed to appropriately respond to the demands of the people timeously or at all while they, in an apparent attempt to take the focus away from their failures, are accusing the ANC Youth League of having organised the protests;

(5) further acknowledges that no evidence exists and no evidence could be found that the ANC Youth League was or is in any way involved in the service delivery protests;

(6) condemns with dismay the utmost political opportunism of the DA; and

(7) calls on all communities countrywide, also the DA and the City of Cape Town to assess service delivery and/or lack thereof, to consult with all different communities to address their demands and to ensure that a proper, decent and uniform standard of service is rendered to all the people.

Mr V M MANZINI / GG//Mia / END OF TAKE

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Mr A G MATILA

Mr V M MANZINI: Hon Chair, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the DA:

That the Council-

notes that four evil rapists received long jail terms on Tuesday for destroying a teacher's life; further notes that Nadia Wentzel was raped, stabbed with a screwdriver, stoned and left for dead under a pile of rocks in an abandoned house; acknowledges that- Roger Louw, 23 years old, received a life sentence plus 17 years; Malcolm April, 25 years old, received a life sentence plus 24 years; Abdul Lawrence, 26 years old, received 36 years; and Clayton Khumalo received 34 years; further acknowledges that the attack had put an end to her marriage and teaching career; hails magistrate Dario Dasio who found the four men were a danger to society and had to be removed from it; and condemns the brutal rape of Nadia Wentzel and also urge the rapists not to repeat the same act.

Mr W FABER

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Mr V M MANZINI

Mr W F FABER: Chair, I hereby give notice that on the next sitting of the Council I shall move on behalf of the DA:

That the Council-

notes that Princess Charlene of Monaco accommodated our national swimming team before the London Olympic Games; further notes that Princess Charlene took it upon herself to provide for top accommodation and swimming facilities in Monaco, at her own costs, for our swimming team to prepare them well before the games; acknowledges that her great gesture provided our swimmers with quality time to prepare properly, for them to be ready to compete at the highest level; further acknowledges that, after having been given the opportunity by Princess Charlene of Monaco, our national swimmers did not disappoint when we look at the medal tally; congratulates all our swimmers on their performance; and thank the Princess for supporting South Africa.

Mr F ADAMS

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Mr W F FABER

Mr F ADAMS: Chair, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the ANC:

That the Council-

notes with sadness the passing on of Nomatyala Elizabeth Hangana, who was laid to rest on Saturday, 11 August 2012, in her hometown of Beaufort West; further notes her selfless contribution in our struggle for freedom in general and, particularly her various leadership roles in championing women and the emancipation of others, and other matters; takes this opportunity to salute her for having represented the people of our country as a Member of Parliament, being the Chairperson of the Portfolio Committee on Housing and later serving as the Deputy Minister for Provincial and Local Government, also having served as an MEC for Housing in the ANC-led Western Cape Provincial Legislature; and conveys our heartfelt condolences to the Hangana family, the entire community of Mandlenkosi and South Africa.

Mr M J R DE VILLIERS

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Mr F ADAMS

Mr M J R DE VILLIERS: Chairperson, I hereby give notice that on the next sitting of the Council I shall move on behalf of the DA:

That the Council-

notes that the burning and nondelivery of school textbooks in Limpopo, Mpumalanga and other Provinces is a disgrace and an embarrassment and, against the human rights of our learners; further notes that this unacceptable operational handling by the ANC-led government and the waste of millions of rands, is an act that needs to be followed up by the Human Rights Commission and a charge be laid against the Minister and the President of South Africa; acknowledges that the delivery of text books in the Western Cape Education Department is on time and correct in relation to language, grades and numbers; further acknowledges that this problem in the other provinces is wrong and incomprehensive, and clearly shows that the ANC-led government's administration is not working and that South Africa needs another political party to rule it; and requests the Council therefore to debate the issue of textbooks that go to schools.

MOTIONS WITHOUT NOTICE / EKS/LIM CHECKED// END OF TAKE

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Mr M J R DE VILLIERS

CENTRAL ROLE PLAYED BY SOUTH AFRICAN WOMEN IN THE STRUGGLE FOR FREEDOM

(Draft Resolution)

Mr D V BLOEM: Chairperson, I move without notice:

That the Council-

notes that South African women played a central role in the struggle for freedom from as early as 1913 when scores of women took part in the antipass campaigns of 1913-1919, and were imprisoned in the old Kroonstad Women's Prison, which became the national prison for women freedom fighters and later moved to the new Kroonstad Prison, where women and leaders like the late Mme [Ma'am] Dorothy Nyembe, Thandi Modise, who is now a Premier and others were incarcerated; further notes that women were frog-marched by police on horseback from different towns in the Free State to the Kroonstad Women's Prison where they were detained in communal and single cells, and also in solitary confinement for extended periods of time; acknowledges the perseverance and tenacity of these women prisoners who braved the horrific conditions in the old Kroonstad Women's Prison until the Free State administration finally gave in to their demands and scrapped the pass laws in 1919; recognises the central role that South African women played in the painful history and century-long, difficult struggle for freedom and democracy in our motherland; and calls on the President of the country to declare the Kroonstad Women's Prison, just like the Robben Island Prison, a national monument.

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

Mr D D GAMEDE

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Mr D V BLOEM

COMMEMORATION OF WOMEN'S MONTH

(Draft Resolution)

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

That the Council-

notes that as South Africans commemorate Women's Month during this month of August under the theme: Working together to enhance women's opportunities to economic empowerment, we remain mindful of Women's Day on 9 August 1956 when women from all walks of life marched to the Union Buildings in protest against oppressive apartheid laws; acknowledges that this historic march was the turning point in the role of women in the struggle for freedom and that since that eventful day, women became equal partners in the struggle for a nonracial and nonsexist South Africa; further acknowledges that since 1994 and mindful of the historical inequalities and inequities that have disadvantaged women, limiting development opportunities and representation in decision-making positions, that the focus of the government of South Africa, under the leadership of the ANC, was and is still to facilitate the empowerment of women to become equal participants in the economic, social and political spheres; recognises that much still needs to be done to further empower and improve the living conditions of women and to address social challenges facing women, particularly the scourge of gender-based violence; and commends the ANC-led government on its achievements to empower women and for its decisive and leading role in accelerating the enhancement of women's opportunities to economic empowerment because when women have a chance to succeed, everybody wins.

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

Mr D JOSEPH

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Thursday, 16 August 2012 Take: 161

Mr D D GAMEDE

ANCYL'S THREATS TO MAKE WESTERN CAPE UNGOVERNABLE

(Draft Resolution)

Mr D JOSEPH: Hon Chairperson, I move without notice:

That the Council-

notes that the provincial government has taken the necessary legal steps against the ANC Youth League, Ancyl, members who do not respect our democratic system and have indicated that they will make the Western Cape ungovernable by threatening and arranging protests, attacking public transport services and private cars, and disrupting the economy; further notes that the provincial leader of the ANC in the Western Cape, Marius Fransman, has lost control over some of the structures such as the Ancyl; and acknowledges that the Ancyl is contradicting what government wants to achieve in order to improve the lives of the people, and that they must be stopped.

The CHAIRPERSON OF THE NCOP: In the light of the objection, the motion may not be proceeded with. A motion without notice will now become a notice of motion.

Mrs N W MAGADLA

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Mr D JOSEPH

LOCAL GOVERNMENT WEEK SEMINAR

(Draft Resolution)

Mrs N W MAGADLA: Hon Chairperson, I move without notice:

That the Council-

notes the successful Local Government Week seminar that was recently hosted by the NCOP as a first-ever event, bringing all three spheres of government under one ceiling where local government was the centre of national dialogue at parliamentary level; confirms that in line with the principles of co-operative governance, as underpinned by the Constitution of the South Africa, this event will become a permanent annual programme of the NCOP, among others- to showcase the successes and challenges confronting municipalities and to provide an opportunity for national reflection on issues affecting municipalities; to enquire whether the national and provincial spheres of government are adequately supporting and strengthening local government as required by the Constitution; and to seek solutions, not only to assist and support municipalities but also to empower the local government sphere to improve the lives of the people through accelerated service delivery; extends its appreciation, and thanks all role-players for their involvement and commitment, all participants for their valuable inputs, and congratulates all those municipalities that have achieved clean audits; and calls on all spheres of government and all role-players to take cognisance of the inputs made at the seminar, the audit reports of the Auditor-General, and to strive towards addressing the challenges and accelerating service delivery to all the people.

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

Mr V M MANZINI /KC//A N N(ed)/ END OF TAKE

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Mrs N W MAGADLA

MOTION OF CONDOLENCE

(The late Mr Charles Mogale)

Mr V M MANZINI: Chair, I move without notice:

That the Council–

notes with sadness the passing away of Charles Mogale,

the former Sowetan associate editor, who passed away on

Friday morning;

(2) further notes that he also worked at City Press, where he

was described as jokesmith and a brilliant wordsmith;

(3) acknowledges that Charlie is survived by his wife, Betty

and two children, Boitumelo and Kgosi; and

further acknowledges that he will be buried on Saturday

in Vereeniging.

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

Mr B L MASHILE

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Mr V M MANZINI

SUCCESSFUL TRAINING WORKSHOP CONDUCTED BY THE BUSHBUCKRIDGE LOCAL MUNICIPALITY AND THE FINANCIAL AND FISCAL COMMISSION

(Draft Resolution)

Mr B L MASHILE: Chairperson, I move without notice:

That the Council–

(1) notes with a great sense of pride, the successful

training workshop that was held by the Financial and Fiscal Commission in the Bushbuckridge Local Municipality on 12 April 2012 to train councillors on oversight, especially in enhancing their role in monitoring the financial prudence of their municipality;

further notes that the workshop, which was initiated by hon

Mashile was part of the Council's commitment and a call to

all provincial delegates to play a meaningful role in

their local constituencies, especially in assisting with

the governance of their municipalities and other entities

such as schools; and

takes this opportunity to convey its profound appreciation

to the Financial and Fiscal Commission and the

Bushbuckridge Local Municipality for undertaking this very

important workshop and ensured that it became a resounding

success.

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

Mr H B GROENEWALD

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Mr B L MASHILE

PRASA'S RENEWAL PROGRAMME

(Draft Resolution)

Mr H B GROENEWALD: Chairperson, I move without notice:

That the Council–

congratulates the Department of Transport and the

Passenger Rail Agency of SA, the Prasa, for their initiative to boost South Africa's train building industry;

notes their plan to have a factory to build 7 224 coaches

for South Africa's R123 billion rolling stock renewal

programme, which has a potential to create 65 000 jobs;

and

acknowledges that over a 20-year period, the fiscus would

receive more than R80 billion in tax from

companies, employees and other economic activities

related to the programme.

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

Ms E C VAN LINGEN

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Mr H B GROENEWALD

MOTION OF CONDOLENCE

(The late Mr Owen Charles)

Ms E C VAN LINGEN: Hon Chairperson, I move without notice:

That Council–

notes with sadness that Owen Charles was shot dead last

weekend on his farm in Jansenville District in the Eastern

Cape;

further notes that Owen Charles served the Jansenville

community in a myriad of ways as a liberal activist;

acknowledges that his wife, Jenny, is in hospital in

a critical condition with multiple stab wounds;

conveys its deepest empathy and condolences to the Charles

family;

realises that this is not a once-off murder, but the latest

in a persistently escalating string of farm attacks that

this Council cannot condone; and

wishes that his soul rests in peace, and that his wife, Jenny, recovers from the injuries she has sustained during the attack.

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

Mr M J R DE VILLIERS ///NPM .../TM / END OF TAKE

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Ms E C VAN LINGEN

CONGRATULATIONS TO SA 2012 OLYMPIC TEAM

(Draft Resolution)

Mr M J R DE VILLIERS: Hon Chairperson, I move without notice:

That the Council-

appreciates and applauds the SA 2012 Olympic Team for flying the South African flag so high and with pride; congratulates the athletes on bringing those medals back in the name of South Africa, which will certainly inspire many others to progress in the different sport codes; supports the idea that more money must be made available to schools, and junior and senior sport codes for development; and extends appreciation for and congratulates the SA 2012 Olympic Team.

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

The CHAIRPERSON OF THE NCOP: The time for motions has expired but I still have two names. I will just take those two names and close.

Mr Z MLENZANA

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The CHAIRPERSON OF THE NCOP

CONGRATULATIONS TO HON B NESI ON ELECTION AS DEPUTY CHAIRPERSON OF SARA BAARTMAN REGION

(Draft Resolution)

Mr Z MLENZANA: Chairperson, I move without notice:

That the Council-

congratulates the Hon Nesi on his election as the deputy chairperson of the Sara Baartman Region of the Eastern Cape; and acknowledges that this is not an affirmative action appointment, as this comrade was among the first leaders of the ANC Youth League in the Eastern Cape.

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

Mr A LEES

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Mr Z MLENZANA

NEGOTIATIONS OF WAGE LEVELS BY CLOTHING INDUSTRY BARGAINING COUNCIL

(Draft Resolution)

Mr A LEES: Hon Chairperson, I move without notice:

That the council-

(1) notes that the Clothing Industry Bargaining Council is in the process of negotiating wage levels and other service conditions for the industry;

(2) further notes that these negotiations are critical for the survival of the now greatly reduced industry and the associated jobs;

(3) acknowledges that the industry is job-rich and can potentially create hundreds of thousands of jobs in a very short space of time provided that the industry becomes competitive with similar industries in neighbouring countries such as Lesotho and the Bric countries, where there is a strong economic growth and very high levels of productivity, in order to attract high job potential to South Africa;

(4) therefore calls upon the participants in the bargaining council's negotiations to look at the huge potential of the clothing industry to create jobs, and to look after the jobs of workers still employed in the industry, by concluding an agreement that achieves productivity rates better than competing countries; and

(5) also calls upon the Department of Trade and Industry to promote the incentives aimed at this industry more vigorously, both domestically and internationally.

The CHAIRPERSON OF THE NCOP: In the light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of motion.

FIRST ORDER OF THE DAY/ C.I//A N N(ed)/ END OF TAKE

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The CHAIRPERSON OF THE NCOP

CONSIDERATION OF CRIMINAL PROCEDURE AMENDMENT BILL AND A REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT THEREON

Mr A G MATILA: Hon Chairperson, the Criminal Procedure Amendment Bill [B39B – 2010] aims to amend the wording of section 49(2) of the Criminal Procedure Act 77 of 1951, in order to align section 49 with the Constitutional Court judgement. In the judgement, the court had declared that the old section 49(2) of the Criminal Procedure Act unconstitutional and therefore invalid.

During the deliberations on the Criminal Procedure Amendment Bill [B39B – 2010], and on Report of Select Committee on Security and Constitutional Development, it became clear that there was no need for the select committee to propose any amendments to the Bill that was transmitted by the National Assembly. The select committee therefore recommends that the National Council of Provinces passes the Bill as amended and passed by the National Assembly. I so move, Chair. [Applause.]

Debate concluded.

Question put.

Bill accordingly agreed to in accordance with section 75 of the Constitution. [Applause.]

SECOND, THIRD AND FOURTH ORDERS / C.I//A N N(ed) /END OF TAKE

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Mr A G MATILA

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON FINANCE - AGREEMENT BETWEEN GOVERNMENT OF RSA AND GOVERNMENT OF GIBRALTAR FOR EXCHANGE OF INFORMATION RELATING TO TAX MATTERS

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON FINANCE - AGREEMENT BETWEEN GOVERNMENT OF RSA AND GOVERNMENT OF COMMONWEALTH OF DOMINICA FOR EXCHANGE OF INFORMATION WITH RESPECT TO TAXES AND TAX MATTERS

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON FINANCE - AGREEMENT BETWEEN GOVERNMENT OF RSA AND GOVERNMENT OF REPUBLIC OF LIBERIA FOR EXCHANGE OF INFORMATION RELATING TO TAX MATTERS

Mr C J DE BEER: Hon Chairperson, in terms of the Organisation for Economic Co-operation and Development model, tax information exchange agreements forms the foundation for the vast majority of tax information agreements across the world. The tax information agreements ensures that bank secrecy or absence of domestic tax interest can no longer be used to deny a request for the exchange of information. The purpose of these agreements is to allow for effective exchange of information between the governments and tax authorities of the Republic of South Africa and Gibraltar, Commonwealth of Dominica and the Republic of Liberia in terms of section 231(2) of the Constitution of the Republic of South Africa.

The agreements provide for the exchange of information that is foreseeably relevant to the enforcement of the domestic laws of the parties concerning the taxes and tax matters covered by the agreement. It also includes information that is foreseeably relevant to the determination, assessment, enforcement, or collection of tax with respect to persons who are subject to such taxes or the investigation of tax matters or the prosecution of criminal tax matters in relation to such persons. The requested party shall ensure that effective information is not unduly prevented or delayed.

Having considered the request for approval, by Parliament, of the agreements between government of the Republic of South Africa and Gibraltar, Commonwealth of Dominica and the Republic of Liberia for the exchange of information with respect to taxes and tax matters, the Select Committee on Finance recommended that the Council, in terms of section 231(2) of the Constitution of the Republic of South Africa 1996, approves the said agreements. I so move. [Applause.]

The CHAIRPERSON OF THE NCOP: Order! Okey, order! Why are you so excited today? [Laughter.] Great excitement. [Interjections.] Is it a point of order? What's the point of order?

Mr D V BLOEM: Hon Chairperson, on a point of order: We are excited because Mr De Beer has surprised all of us. [Laughter.]

Debate concluded.

Question put in respect of the Second Order: That the Report be agreed to.

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

Question put in respect of the Third Order: That the Report be adopted.

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

Debate concluded.

Question put in respect of the Fourth Order: That the Report be adopted.

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

The Council adjourned at 14:41.

Mpho/.../TM / END OF TAKE

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