Hansard: NCOP: Motion
House: National Council of Provinces
Date of Meeting: 13 May 2013
Summary
No summary available.
Minutes
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 117
"National Council of Provinces Main",Unrevised Hansard,20 May 2013,"Take 117 [National Council of Provinces Main].doc"
"National Council of Provinces Main",Unrevised Hansard,14 May 2013,"[Take-117] [National Council of Provinces Main][90P-5-085b][nm].doc"
START OF DAY
TUESDAY, 14 MAY 2013
PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
______________
The Council met at 14:04.
The Deputy Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
The DEPUTY CHAIRPERSON OF THE NCOP
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 117
START OF DAY
WELCOMING OF WOMEN ACTIVE IN FIGHT AGAINST HUMAN TRAFFICKING
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Order! May I welcome the women in the gallery who are working to address the trafficking of women and children in this country. That is why I walked in carrying this little "baby": I am thinking of mothers who lose their children, something that happens every day. Welcome! [Applause.] I could see that some of the people here were thinking that I was going cuckoo! [Laughter.]
NOTICES OF MOTION
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 117
The DEPUTY CHAIRPERSON OF THE NCOP
NOTICES OF MOTION
Ms B V MNCUBE: Hon Deputy Chairperson, 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) the Gauteng province has noted a motion that was moved in the Council on 23 April 2013 regarding the suspension of evening visits in a number of hospitals, including Charlotte Maxeke Hospital, after a series of attacks on doctors and nurses;
(b) the province has resolved that there are far-reaching legal and financial implications for the province embedded in the motion and the resolution of the Council;
(c) further takes note that the province has applied its mind to the situation and the resolution of the Council; and
(2) takes this opportunity to withdraw and rescind the motion, according to Rule 82 of the Rules of the Council.
Mr Z MLENZANA:
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 117
Ms B V MNCUBE:
Mr Z MLENZANA: Hon Deputy Chairperson, 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 more wasteful expenditure in the Eastern Cape health sector;
(2) notes that –
(a) the provincial health department's publishing of an advertisement of R1,5 billion for the provision of a mental health care service is another indicator that the province has lost the plot;
(b) further notes that the tender has nothing to do with service delivery and the dignity of mentally challenged people; and
(3) calls on the government to intervene and stop this and for the provincial government to use affordable and effective care.
Mr O DE BEER:
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 117
Mr Z MLENZANA:
Mr O DE BEER: Hon Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of Cope:
That the Council-
(1) notes that –
(a) the continuing spate of gangsterism and horrifying gangster violence perpetuated by the spread of drugs, abalone poaching and crime are creating havoc and spreading fear on the Cape Flats and in the Western Cape province;
(b) further notes that the community is appalled by the recent killings and the repeated drive-by shootings like that of Pastor Ivan Waldeck and his wife and, not a long time ago, Reverend Albern Martins; and
(c) further notes that the only government negotiating with the gangsters is the government of the Western Cape and that approach is not working.
Mr D B FELDMAN:
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 117
Mr O DE BEER:
Mr D B FELDMAN: Hon Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of Cope:
That the Council-
(1) notes that –
(a) the City of Johannesburg intends to spend over R100 billion in fancy infrastructure development plans;
(b) further notes that just last week, the people of Kliptown had their electricity cut, when winter is upon us;
(c) there is just no reason that a housing list from 16 years ago should still be unresolved in places like Lenasia, among many other problems that need urgent attention; and
(d) this is totally insensitive and insulting to the poor people of Johannesburg.
Mr D V BLOEM:
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 117
Mr D B FELDMAN:
Mr D V BLOEM: Hon Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of Cope:
That the Council-
(1) notes that–
(a) the Minister of Police must show an even hand and genuine grit in directing the police service to leave no stone unturned in finding those who killed the Association of Mineworkers and Construction Union, Amcu, organiser Mawethu Joseph Steven and several witnesses or potential witnesses at the Marikana Commission of Inquiry;
(b) the Minister of Police must publicly acknowledge the seriousness of the growing climate of lawlessness in our country, where more and more people are brazenly and frequently resorting to assassination to get rid of those to whom they are opposed in order to achieve their goals;
(c) the Minister of Police must speedily establish a national detective division within the police service dedicated to lending support to the local police in their investigation of all serious crime;
(2) calls upon the two main labour unions, Amcu and the National Union of Mineworkers, NUM, to sit down and iron out their differences for the sake of saving lives; and
(3) Cope sends its heartfelt condolences to the families who lost their loved ones in this cruel and cowardly way.
Mr C J DE BEER:
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 117
Mr D V BLOEM:
Mr C J DE BEER: Hon Deputy Chairperson, 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 the utmost disgust new evidence suggesting that –
(a) the DA-led City of Cape Town, under the moral leadership of the former mayor and now premier of the Western Cape, the hon Helen Zille, failed to provide proper or any political leadership and oversight over the finances of the City during the construction of the Cape Town stadium;
(b) further notes that the City, after more than three years and only now after the Competition Commission has revealed that strong evidence exists that support allegations of collusion and bid rigging in respect of construction, has decided to jump onto the band wagon and investigate the possibility to claim damages;
(c) notes that the deputy mayor has now admitted that the City had known all along that something was wrong and that the prices of subcontracts had been inflated by double than what was expected; and
(d) the City will now waste a further R4 million of taxpayers' money on this exercise, something that would not have happened had the DA provided political leadership and oversight;
(2) takes this opportunity to condemn this negligence and lack of oversight, as well as the waste of taxpayers' money by the DA; and
(3) calls on the DA to inform the public about the true facts of this debacle.
Ms E C VAN LINGEN:
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NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 117
Mr C J DE BEER:
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) on 29 April the MEC for local government and traditional affairs for the Eastern Cape summoned all ANC councillors in the province to address the poor service delivery in municipalities;
(b) more than 45 municipalities –that is all of them – did not receive a clean audit from the Auditor-General;
(c) only 53% of the grant funding had been spent and that he said the province was plagued by shoddy work, the loss of technical skills and poor planning and that it had newly built water schemes that did not function; and
(2) the DA calls on this Council to investigate the R4 million expenditure of government funding on financing this project -calling all the councillors to East London - and hold those who are found to be in contravention of the Municipal Finance Management Act, MFMA, and the Public Finance Management Act, PFMA, personally and severally liable to refund the state coffers.
MOTIONS WITHOUT NOTICE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Takes: 117 & 118
NOTICES OF MOTION
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Order! Does any member wish to move a motion without notice? Hon members, I have 17 people who want to move motions without notice. I will use my discretion because of the time factor. [Interjections.] Is that acceptable to hon members?
Hon MEMBERS: Yes, Chair.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): I will use my discretion firstly by not calling those hon members who had a chance earlier. [Interjections.] That is my proposal. [Interjections.] Hon Bloem, to whom are you speaking?
Mr D V BLOEM: Chair, that is a brilliant suggestion. [Laughter.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Order! We shall now proceed with motions without notice.
Ms M W MAKGATE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 118
NOTICES OF MOTION
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela)
POOR MATRIC RESULTS ATTRIBUTED TO POOR MANAGEMENT OF SCHOOLS
(Draft Resolution)
Ms M W MAKGATE: Deputy Chairperson, I hereby move without notice:
That the Council-
(1) notes that following an assessment by the Eastern Cape MEC for education and the Department of Basic Education at the end of last year on the poor matric pass rate, it was found that the poor management of schools was one of the reasons that some schools were underperforming;
(2) further notes that the MEC and the department have consequently decided to embark on a principal management development programme, which had been designed by private and public institutions, including the University of KwaZulu-Natal, PricewaterhouseCoopers and Performance Solutions Africa;
(3) also notes that this was successfully implemented in KwaZulu-Natal as a pilot project four years ago to help improve the performance of schools;
(4) further notes that the programme has since been rolled out in the Eastern Cape, especially at underperforming schools; and
(5) takes this opportunity to commend the MEC, the department and all role-players on this initiative and innovative programme and calls on all provinces to implement similar initiatives.
Motion agreed to in accordance with section 65 of the Constitution.
Mr T M H MOFOKENG
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 118
Ms M W MAKGATE
SUCCESSFUL SEIZURE OF DRUGS BY ORGANISED CRIME UNIT IN MITCHELLS PLAIN AND KLEINVLEI.
(Draft Resolution)
Mr T M H MOFOKENG: Deputy Chairperson, I hereby move without notice:
That the Council-
(1) notes that in two separate operations in Mitchells Plain and Kleinvlei the Organised Crime Unit of the Police in Cape Town seized a large consignment of raw marijuana and raw heroin with an estimated value of almost R1 million;
(2) further notes that two Tanzanian nationals have been arrested in this regard and police intelligence indicates that a Tanzanian syndicate is behind this consignment of drugs destined for the city centre, which has in the past year turned into a drug haven with prostitutes roaming the streets;
(3) also notes that the police have now focused their resources on illicit drug and narcotic trading and that this is the first time that the police have confiscated raw heroin; and
(4) takes this opportunity to commend the police on their successful operations and their continued efforts to root out this scourge.
Motion agreed to in accordance with section 65 of the Constitution.
Mr T E CHAANE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 118
Mr T M H MOFOKENG
Alleged attack on rustenburg civilians by STRIKING employees
(draft Resolution)
Mr T E CHAANE: Deputy Chairperson, I hereby move without notice:
That the Council-
(1)notes with shock the news of employees injured in a petrol-bomb attack in Rustenburg, North West, last week;
(2)further notes that 10 Rainbow Chicken employees were seriously injured when a bus they were travelling in was allegedly set alight by striking workers at Zinniaville industrial area in Rustenburg on Tuesday evening;
(3)also note that the Vaal Maseru bus was ferrying 63 workers, including three security officers, from the Rainbow Chicken plant on their way home in Kroondal when a group of people, believed to be striking employees, threw a petrol bomb at the moving bus, setting it ablaze; and
(4)wishes all the injured a speedy recovery, condemns in the strongest terms the barbaric attack on innocent people and calls upon the authorities to investigate and bring the perpetrators to book.
Motion agreed to in accordance with section 65 of the Constitution.
Ms Z C FAKU
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 118
Mr T E CHAANE
Director arrested for corruption in mbizana LOCAL municipality
(draft Resolution)
Ms Z C FAKU: Deputy Chairperson, I hereby move without notice:
That the Council-
(1)notes with appreciation the arrest of the director responsible for planning infrastructure development in the Mbizana Local Municipality, Eastern Cape, late last week;
(2)further notes that the director allegedly facilitated the awarding of a tender for the installation of electricity to surrounding villages to a certain company;
(3)also notes that the company, in turn, appointed the director's company as a subcontractor on the project;
(4)further notes that the main contractor allegedly channelled more than R12 million into the director's company bank account and no electricity was installed; and
(5)welcomes the arrest and calls on the authorities to leave no stone unturned in the fight against corruption and maladministration in the public sector.
Motion agreed to in accordance with section 65 of the Constitution.
Mr G G MOKGORO
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 119
Mrs Z C FAKU
SISHEN IRON ORE COMPANY ANNOUNCE LONG-TERM ECONOMIC DEVELOPMENT PLAN
(Draft Resolution)
Mr G G MOKGORO: Deputy Chair, I hereby move without notice:
That the Council ‑
(1)notes that the community development trust of the Sishen Iron Ore Company in the Northern Cape has recently announced its 2030 long-term plan and strategy to keep its mining communities economically active well after mining operations have ceased;
(2)further notes that as part of this plan the trust has allocated more than R200 million in the past 12 months towards the improvement of education outcomes by providing additional learning material, curriculum training for teachers and special tutoring for underperforming learners, which resulted in certain schools achieving a 100% pass rate, up from 65% in 2011; and
(3)takes this opportunity to welcome this development and to commend the company on this intervention to improve the life of its mining community.
Motion agreed to in terms of 65 of the Constitution.
Mr S D MONTSITSI
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 119
Mr G G MOKGORO
R300 MILLION RECOVERED ON BEHALF OF GOVERNMENT
(Draft Resolution)
Mr S D MONTSITSI: Deputy Chairperson, I hereby move without notice:
That the Council‑
(1)appreciates reports of R300 million having been recovered on behalf of government following the laying of corruption charges against 22 000 public servants across the country;
(2)further notes that this news was revealed on Thursday, during the two-day workshop to empower co-ordinators of the national anticorruption hotline dealing with cases within provincial government departments in Potchefstroom;
(3)also notes that departments were encouraged to improve their co-ordination when investigating other cases, for a speedy resolution and recovery of more state funds;
(4)takes this opportunity to applaud the good work done in the fight against corruption, especially in government departments; and
(5)hopes that this will motivate and restore public confidence in the reporting of any corrupt activities to the authorities.
Motion agreed to in terms of 65 of the Constitution.
Mrs M C DIKGALE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 119
Mr S D MONTSITSI
STILL NO JUSTICE FOR JANINE MANUEL AFTER 13 YEARS
(Draft Resolution)
Mrs M C DIKGALE: Deputy Chairperson, I move without notice:
That the Council‑
(1)notes with extreme concern that the family of Janine Manuel, a young pregnant mother from Mitchells Plain in Cape Town, who was allegedly killed by her policeman husband 13 years ago, is still being denied justice after all these years;
(2)further notes that Janine, who was seven months pregnant, was allegedly shot by her husband at their home 13 years ago and she and her unborn child died in front of her four-year-old daughter;
(3)also notes that after more than 50 postponements in the Mitchells Plain Regional Court the matter is still not finalised; that the suspect is walking free and is still in his job while the presiding magistrate has since moved to the Eastern Cape and has to travel to Cape Town every time the matter is heard; and
(4)takes this opportunity to call on the Ministers of Justice and Constitutional Development and of the Police to intervene urgently and ensure that this matter is brought to finality without further delay.
Mr M J R DE VILLIERS: Deputy Chairperson, on a point of order: according to rule 57, matters before the court are sub judice.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Dikgale, any matter that is sub judice cannot be discussed and opened up. Thank you.
Mr A G MATILA
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 119
THE DEPUTY CHAIRPERSON OF THE NCOP
INFORMAL TRADERS' CONSULTATIVE WORKSHOP IN GAUTENG
(Draft Resolution)
Mr A G MATILA: Deputy Chairperson, I hereby move without notice:
That the Council‑
(1)notes that a successful informal sector consultative workshop for informal traders was recently held in Gauteng under the auspices of the Gauteng provincial department of economic development, whereafter the MEC for the provincial department of economic development announced that his department had decided to assist the informal traders to establish a forum that will enable them to speak with one voice;
(2)notes that this follows the Gauteng provincial government's recognition that the informal sector contributes R20 billion to the economy of Gauteng and helps fight unemployment and poverty;
(3)also notes that this initiative will not only provide a voice for informal traders but will also expose them to opportunities in government, give them access to funding and assist them to become compliant will bylaws and other legislation; and
(4)takes this opportunity to commend the Gauteng provincial government and its department of economic development on this initiative and on its continued commitment to stimulate and enhance economic growth, job creation and to improve the lives of our people.
Motion agreed to in terms of section 65 of the Constitution.
Mr L P M NZIMANDE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 119
Mr A G MATILA
DRUG DEALERS' PROPERTY CONFISCATED IN KWAZULU-NATAL
(Draft Resolution)
Mr L P M NZIMANDE: Deputy Chairperson, I move without notice:
That the Council‑
(1)notes with appreciation the seizure of assets belonging to drug dealers in the area of KwaZulu-Natal on Monday;
(2)further notes that the five cars and four properties belonging to six alleged drug dealers were ceased;
(3)also notes that two of the properties were in Springfield, one in Newlands West and one was a farm in Tongaat;
(4)notes that more than 185 000 mandrax tablets were confiscated from the properties. The tablets had an estimated value of R3,3 million at the time of the arrest in March 2012; and
(5)takes this opportunity to applaud work well done by the law enforcement agencies and encourage them to work even harder in the fight against drug dealing and crime.
Motion agreed to according to section 65 of the Constitution.
Mr Z MLENZANA
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 120
Mr L P M NZIMANDE
Mr Z MLENZANA: Chairperson, I am rising on a point of order...
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Be direct, hon member. There are 17 people waiting to speak. Get to the point.
Mr Z MLENZANA: Chairperson, I am rising concerning the decision that was taken on the hon Dikgale's motion. She was not dealing with the matter that was before the court. She was dealing with the process. Hence I am rising on the point of order that her motion should have been considered.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Mlenzana, are you now saying we must reverse or is your point of order with what hon Nzimande has just uttered? Which of the two are you making reference to? [Interjections.]
Mr Z MLENZANA: Chairperson, I am talking about hon Dikgale, and further, without delaying this Council, it is up to the Chair to go back and review it in order to give us a ruling ... [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Mlenzana, do me a favour, just do me a favour. Could you sit down? [Laughter.] Order!
Mr D JOSEPH
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 120
THE DEPUTY CHAIRPERSON OF THE NCOP
MAYOR Patricia De Lille and minister edna molewa WIN awards
(Draft Resolution)
Mr D JOSEPH: Chairperson, I hereby move without notice:
That the Council –
(1) congratulates the mayor of Cape Town, Mrs Patricia De Lille, for being awarded the Mayor of the Month Award in a global survey;
(2) notes that this award is given to leaders who develop sustainable solutions in governance and improves the quality of life for citizens of Cape Town;
(3) applauds her for her ability to redress challenges in a diverse society through better service delivery projects that are recognised by the global survey;
(4) also congratulates the Minister of Water and Environmental Affairs, Edna Molewa, on receiving the Gift to the Earth Award from the Worldwide Fund for Nature;
(5) notes that this award is given to her department for the establishment of the South Africa's first offshore marine protected area in the Southern ocean;
(6) acknowledges that this is indeed a significant conservation achievement.
Mr L P M NZIMANDE: Chair, the motion must have one subject [Interjections.] Here we have two separate motions. The member must chose which one he wants to read to the Council. [Laughter.]
Mr D JOSEPH: Chair, the motion is about congratulations and I am congratulating both the mayor and the Minister.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Order! 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 motion will now become a notice of motion.
Mr S H PLAATJIE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 120
Mr D JOSEPH
School system failing students in south Africa
(Draft Resolution)
Mr S H PLAATJIE: Deputy Chairperson, I hereby move without notice:
That the Council –
(1) notes that the schooling system in South Africa is failing to meet its objectives in the 19th year of democracy;
(2) further notes that only a proportion of learners are able to access the relevant and quality education;
(3) also notes that the lack of a quality education for the majority of learners from disadvantaged schools and communities pushes them to the margins and excludes them from access to tertiary education; and
(4) calls on the Minister of Basic Education to work closely with all stakeholders in education, especially stakeholders of primary education, to address the anomalies in the system.
Motion agreed to in accordance with section 65 of the Constitution.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon members, before we proceed, may I refer the matter of the hon Dikgale's motion to the Table? Please look into it and give me a response so that it can be tabled in the next meeting.
Mr M P SIBANDE: Deputy Chairperson, I hereby move without notice ... [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP: I didn't call you! [Laughter.]
Mr M P SIBANDE: Oh!
The DEPUTY CHAIRPERSON OF THE NCOP: No, I didn't! [Laughter.]
Ms R N Rasmeni
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 121
Mr S H PLAATJIE
Attack on 18-year-old female student at Free state university
(Draft Resolution)
Ms R N Rasmeni: Deputy Chairperson, I hereby move without notice:
That the Council –
(1) notes with concern recent reports that hijackers attacked an 18-year-old female student at the Free State University in Bloemfontein and her 22-year-old male friend, who is also a student at the university;
(2) further notes that hijackers gang-raped the girl five times at two different places after brutally assaulting her friend and left him for dead;
(3) also notes that police officers came to her rescue when they saw her in the vehicle with the hijackers and became suspicious;
(4) commends the police for their efficient and swift reaction, which ended the ordeal of the girl and has most certainly saved her life as well as the life of her friend; and
(5) takes this opportunity to call on the police to leave no stone unturned to arrest and prosecute the perpetrators.
Motion agreed to in accordance with section 65 of the Constitution.
Mr M P SIBANDE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 121
Mrs R M RASMENI
SCHOOL BUILDING PROJECT TO COMMENCE
(Draft Resolution)
Mr M P SIBANDE: I hereby move without notice:
That the Council -
(1) notes with a great sense of appreciation the reports of the sod-turning ceremony that took place last Friday for the building of a R250 million farm school;
(2) further notes that the Mpumalanga provincial departments of public works, roads and transport and education have joined hands to intensify the education system by building schools across the province;
(3) also notes that a move towards this was sealed in Machadodorp near Belfast on Friday, when MECs teamed up with the Emakhazeni local municipality's mayor during a sod-turning ceremony for the construction of the Emakhazeni Boarding School;
(4) further notes that the R250 million project will be completed by April next year, will mainly target children from nearby farms and will consist of 24 classrooms, an administration block, a library and a science laboratory, as well as sleeping units and sports facilities; and
(5) takes this opportunity to applaud this great initiative, which seeks to open the doors of learning and provide proper education to poor learners from farms, improve their school results and do away with the long and dangerous walks to school.
Motion agreed to in accordance with section 65 of the Constitution.
Mr A J NYAMBI:
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 121
Mr M P SIBANDE:
ARREST OF PASTOR IN SWELLENDAM FOR DRUG SMUGGLING
(Draft Resolution)
Mr A J NYAMBI: I move without notice:
That the Council -
(1) notes with shock the arrest of a Swellendam pastor for trying to smuggle drugs into a prison in Swellendam, Western Cape, last Saturday;
(2) further notes that the pastor was among a group of clergymen granted access to Buffeljags Correctional Centre ...
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Nyambi, can you please hold on? Hon Mlenzana and hon Bloem, can you please allow me to preside and pay attention to what the other members are saying, for your own good as well.
Mr A J NYAMBI: Thank you, Chair.
(2) further notes that the pastor was among a group of clergymen who had been granted access to Buffeljags Correctional Centre in Swellendam to perform spiritual rehabilitation of prisoners on Saturday;
(3) also notes that he is a registered pastor and worked with the department on a daily basis;
(4) further notes that when he was searched at the gate, the pastor was in possession of 57g of dagga, mandrax tablets and six sachets of tik concealed around his private parts, and prison officials alerted police, who arrested him; and
(5) takes this opportunity to applaud the good work done by the prison officials and encourage them to continue working very hard in the fight against crime and corruption from all angles.
Motion agreed to in accordance with section 65 of the Constitution.
Mr D V BLOEM: Deputy Chair, on a point of order, is it parliamentary for a member to call out another member's name when a motion is called for? [Interjections.] "Gunda, Gunda, Gunda!" [Laughter.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Bloem, sit down!
Mr V M MANZINI:
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 121
Mr A J NYAMBI:
APPOINTMENT OF MAX DU PREEZ TO NORTH WEST UNIVERSITY
(Draft Resolution)
Mr V M MANZINI: Deputy Chairperson, on behalf of the DA, I hereby move without notice:
That the Council -
(1) notes that renowned journalist and political commentator Max du Preez has been appointed by the North West University, Potchefstroom campus, as an extraordinary professor in the School of Communication Studies;
(2) further notes that Du Preez presented a colloquium on the National Development Plan for South Africa and held discussions with the university's rector, Prof Herman van Schalkwyk, lecturers and students on the subject of communication during his recent visit;
(3) also notes that Du Preez's appointment as an extraordinary professor gives recognition to the quality and quantity of the work he has produced over the years as an investigative journalist;
(4) further notes that Du Preez is expected to serve as an expert adviser and to provide strategic advice on the training of future journalists, particularly regarding focus and the curriculum; and
(5) recognises that Du Preez has received several national and international honours, including awards for conscience and integrity in journalism, and for courageous and outstanding journalism.
Motion agreed to in accordance with section 65 of the Constitution.
Ms M G BOROTO:
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 121
Mr V M MANZINI:
PROTESTS BY ANGRY RESIDENTS IN MPUMALANGA
(Draft Resolution)
Ms M G BOROTO: I move without notice:
That the Council -
(1) notes with sadness the setting alight of a local clinic and a truck during a violent service delivery protest in Piet Retief, Mpumalanga over the weekend;
(2) further notes that angry residents of Thandukukhanya in Piet Retief were accusing the Umkhondo Local Municipality of poor service delivery and barricaded all roads leading to the township with burning tyres, stones and metal objects;
(3) also notes that learners have been stopped from attending school and workers have not been able to report to work due to the roads being inaccessible;
(4) takes this opportunity to condemn in the strongest terms the destruction of public buildings and the intimidation of learners attending school during these service delivery protests;
(5) expresses its belief that grievances can be heard and attended to without people resorting to damaging property that is meant for their benefit; and
(6) calls on the police to ensure that those who undermine public property are made to face the full might of the law.
Motion agreed to in accordance with section 65 of the Constitution
Ms E C VAN LINGEN
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 121
Ms M G BOROTO:
POWER SUPPLY TO SCHOOLS
(Draft Resolution)
Ms E C VAN LINGEN: On behalf of the DA, I move without notice:
That the Council -
(1) notes that in the Koukamma District deep in the Kouga Mountains, about 35 km from Kareedouw, is the Nooitgedacht Primary School;
(2) further notes that this school has about 30 learners and three teachers in three classrooms and about half of the children accompany two of the teachers from Kareedouw every day to attend school at Nooitgedacht;
(3) also notes that the school buildings were recently wired for electricity and when they were completed the project manager found that there was no Eskom power supply;
(4) further notes that the department of education instructed Eskom to build a 22kV power line over 15 km through a pristine nature area, from the Zuuranys Primary School to Nooitgedacht, without an EIA and at an estimated cost of well in excess of R1 million per km when there are far more efficient and cost-effective options available in renewable energy; and
(5) calls on the Eastern Cape Minister of education and MEC for education to investigate:
(a) the full process and to report on who was responsible for allocating this tender to Eskom on behalf of the department; and
(b) why proper processes were not put in place for a cost-effective renewable-energy system to supply the energy needs of the school.
Motion agreed to in accordance with section 65 of the Constitution.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Gunda, please move back to your seat. My request to hon members is this: Let us not be disruptive so that we can do our work within the specified time. Hon Gunda, I am pleading with you for the last time.
FIRST ORDER
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 122
MOTIONS WITHOUT NOTICE
SUPERIOR COURTS BILL
(Consideration of Bill and Report thereon)
Mr T M H MOFOKENG: Deputy Chair, the Constitution Seventeenth Amendment Act of 2012 provides for the appointment of a Chief Justice as head of the judiciary. It provides for a single High Court of South Africa and regulates the jurisdiction of the Constitutional Court and the Supreme Court of Appeal. It also provides for the Constitutional Court as the apex court and for the appointment of an Acting Deputy Chief Justice.
The Superior Courts Bill should be read together with the Constitution Seventeenth Amendment Act. It provides for the rationalising, consolidating and amending of the laws relating to the Constitutional Court, the Supreme Court of Appeal and the High Court of South Africa. It makes provision for the administration of judicial functions of all courts and for administrative and budgetary matters relating to the Superior Courts.
Included in the definitions are references to the secretary-general, who is the head of the Office of the Chief Justice. It is the Office of the Secretary-General, which was established in 2011, that bears the financial responsibility for receiving and disbursing funding.
The Superior Courts Bill aims to consolidate and rationalise the laws pertaining to Superior Courts, as contemplated in item 16(6) of Schedule 6 of the Constitution. It also aims to bring the structure of the Superior Courts in line with the provisions of Chapter 8 and the transformation imperatives of the Constitution. It makes provision for the administration of the judicial functions of all courts, including governance.
The committee met and adopted the Bill without amendments. [Applause.]
Debate concluded.
Bill agreed to in accordance with section 75 of the Constitution.
SECOND ORDER
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 122
FIRST ORDER
PREVENTION AND COMBATING OF TRAFFICKING IN PERSONS BILL
(Consideration of Bill and of Report thereon)
Mr T M H MOFOKENG: Deputy Chair, the Prevention and Combating of Trafficking in Persons Bill creates the specific offence of trafficking in persons. This offence criminalises conduct that includes the delivery, recruitment, transportation, harbouring, selling, exchanging, leasing and receiving of a person, accompanied by force or coercion, for the purpose of exploitation. In addition, illegal adoption and forced marriage for the purpose of exploitation are also offences. The offences of trafficking in persons carry a R100 million fine or a life sentence for anyone convicted of the offence of trafficking.
The Bill seeks to give effect to the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons; to address trafficking in persons within and across the borders of South Africa; to provide for the prosecution of persons involved in trafficking and for appropriate penalties; to provide for the prevention of trafficking in persons and for the protection and provision of assistance to victims of trafficking; to provide services for the victims of trafficking; to provide for effective enforcement measures; and to combat trafficking in a co-ordinated manner.
The Bill also provides for certain factors that the court must consider when imposing a sentence. These factors include the significance of the perpetrators' role in the trafficking process; previous convictions relating to the crime of trafficking in persons; the conditions in which the victim was being kept and the period the victim was being held captive; the kind of abuse suffered and the effects thereof on the victim; and whether the offence was part of the activities of an organised criminal group or whether the victim was a child.
The Bill also makes provision for a victim of trafficking in that it allows such a victim a visa for a three-month recovery and reflection period. This may be extended for a further three months to allow the victim to decide whether he or she will co-operate with law enforcement or prosecuting officials. If the victim is unwilling or unable to do so, then he or she may be sent back to his or her country of origin - if the Department of Social Development determines that it is safe to do so.
The committee met and considered the Bill and accepted it without amendments. [Applause.]
Debate concluded.
Bill agreed to in accordance with section 75 of the Constitution.
ANNOUNCEMENT REGARDING THIRD ORDER
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 122
SECOND ORDER
PRECEDENCE GIVEN TO FOURTH ORDER
(Announcement)
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Order! May I make an announcement? The secretary won't read the third Order of the day because the statement is not ready. For that reason I will proceed to the next item.
FOURTH ORDER
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 123
ANNOUNCEMENT REGARDING THIRD ORDER
CO-OPERATIVES AMENDMENT BILL
(Consideration of Bill and of Report thereon)
The MINISTER OF TRADE AND INDUSTRY: Chairperson, it gives me great pleasure to request the support of the National Council of Provinces in the passage of the Co-operatives Amendment Bill. The essential defining feature of co-operatives is not that they are big or small - they can be either. It is, rather, that there are collective enterprises in which co-operatives pool their resources and energies for the benefit of the common good of the collective as a whole.
As collective enterprises, however, co-operatives are particularly accessible to low-income people and marginalised communities. We have much to gain from embarking on business ventures by combining their resources and their energies in co-operatives. It is for that reason that the ANC-led government and the Department of Trade and Industry has sought over the life of this administration to increase its facilitation and support to co-operatives.
Over the past few years, we have seen a steady increase in the number of co-operatives being registered and increasing support of incentive programmes, particularly under the Co-operative Incentive Scheme, which is administered by the Department of Trade and Industry. In fact, total approvals under the Co-operative Incentive Scheme in 2012-13 reached a total of R84,7 million, which represented a 76% increase on the R48,1 million that was provided in the 2011-12 financial year. As a result of the success of the Co-operative Incentive Scheme, we are now in a position to increase the maximum grant that can be made available under the scheme from the current level of R350 000 to a new limit of R2 million for larger co-operatives.
The Bill before the House today seeks to provide us with an additional firmer basis for enhancing the development of co-operatives in South Africa. The Bill is fully rooted in the internationally accepted "seven principles of co-operatives". These are: voluntary and open membership; democratic member control; economic participation by members; autonomy and independence; education, training and information; co-operation among co-operatives; and concern for communities.
The Bill seeks to improve the sustainability and organic growth of co-operatives, informed by their own needs and requirements, in a number of ways. Firstly, it seeks to do this by creating - apart from primary, secondary and tertiary co-operatives - a new fourth tier of structure for co-operatives, to be known as the National Apex Co-operative for South Africa. The National Apex Co-operative will unite co-operatives across the provinces and provide for advocacy on behalf of co-operatives in a unified co-operative movement. The National Apex Co-operative can be established by a minimum of three national sectoral tertiary co-operatives and five multisectoral co-operatives, representing co-operatives at provincial, district or local level. The National Apex Co-operative will represent South African co-operatives at national and international levels in organisations such as the International Co-operative Alliance Africa and the International Co-operative Alliance.
The Bill includes provisions that will assist co-operatives to improve their governance and enhance good practice to their benefit and sustainability. A code of good practice for co-operatives will be developed in terms of regulations to assist them in complying with principles of good governance. The code will ensure clarity on the corporate identity of co-operatives and assist and direct them to ensure compliance with requirements stipulated in their constitutions and with legislative requirements. The code will guide co-operatives to develop their own operational practices and policies that will reinforce the principles of good governance based on the co-operative principles and values.
The Bill furthermore mandates co-operatives to submit annual financial, social and management decision reports to the Register of Co-operatives. These refinements will enhance accountability and transparency by the boards and management of co-operatives towards their members. It will also strengthen the democratic decision-making within co-operatives and thus reduce conflict and improves sustainability.
The Bill provides for the categorisation of primary co-operatives into three categories in order to allow differentiated requirements with regard to auditing, accounting activities and exemption. Category A primary co-operatives, ranging from survivalist to small co-operatives, will be expected to abide by a far reduced level of compliance than category B primary co-operatives, which range from small to medium scale. These, in turn, will be required to abide by a lower level of requirements than category C primary co-operatives, which are medium to large co-operatives.
The policy rationale here is to reduce the regulatory burden, especially for small-scale survivalist and medium-scale co-operatives along the lines of the principles which have already been incorporated into legislation, such as the Companies Act.
With respect to voting rights, the Bill recognises that there are co-operatives that have structured their voting proportionate to financial contributions. However, special provision is made to limit the proportion of the total vote that may be held by any individual member or a minority shareholder in any large-scale, commercial, primary, secondary or tertiary co-operatives, as well as within the National Apex Co-operative.
The principle of "one member, one vote" will apply to small-scale co-operatives, particularly those formed after the passage of this particular Amendment Act. The Bill seeks to address the abuse of co-operative legislation by bogus so-called worker co-operatives by stipulating that all worker co-operatives must comply with labour legislation. However, the Bill does allow co-operatives to be exempted on application, provided that they fulfil certain conditions. These conditions will be expressed in detail in regulations that will be developed under the Act.
To enhance co-ordination in support of co-operatives, the Bill provides for the strengthening of intergovernmental efforts at all three spheres of government. This specifically refers to the Department of Trade and Industry in its working relationships with provincial government departments responsible for economic development, municipalities, provincial public entities, municipal public entities, the Co-operatives Tribunal and the co-operative development agencies. The functions of these structures, among others, are to promote co-operative governance; ensure co-ordination on planning, budgeting, provision of services and support; and monitoring and evaluation with respect to co-operatives.
An interprovincial co-ordinating committee will meet on a quarterly basis to co-ordinate all co-operative development programmes developed at provincial level and to discuss matters of mutual interest, while the provincial interdepartmental and municipal co-ordinating structure will co-ordinate co-operative development programmes at provincial level and between provincial departments and municipalities.
The Bill provides for the development of a framework to ensure the establishment of mechanisms, processes and procedures and indicators required to report on, monitor, evaluate, assess and determine the impact of the exercise of powers, the performance of functions, the execution of duties and the operational efficiency of such structures and co-operatives. This will ensure accurate and current information not only on all structures established or recognised by the Bill, but also on the status of the co-operative movement, the various levels of co-operatives and the categories of primary co-operatives contemplated by the Bill.
The 2012 Co-operatives Amendment Bill provides legal support for the establishment of new proposed institutional mechanisms aimed at enhancing the development of co-operatives within our economy. These important new institutions that will be created under the Bill include the establishment of a Co-operatives Development Agency. This will be established as a government entity within the DTI family.
After consultation with relevant authorities in provinces, districts or local governments, the Co-operatives Development Agency will have the powers to establish satellite branches in all parts of the country. Its primary task will be not to duplicate but to co-locate and to ensure the delivery of tailor-made support services to co-operatives organised around the principle of the one-stop shop. It will aim to bring support services geographically closer to where co-operatives are by establishing a network of offices, initially building on the network that exists under the Small Enterprise Development Agency programme.
We must remember that the majority of co-operatives formed in our country are in far-flung rural areas. Through the establishment of regionalised offices offering tailor-made support co-operatives in all provinces, this development support will be at the doorstep of co-operatives located in rural areas.
The objectives of the Co-operatives Development Agency will include the following: Supporting, promoting and assisting the development of co-operatives; providing both financial and nonfinancial support; providing business support services to co-operatives; assisting especially small-scale survivalist co-operatives to ensure compliance with legislative requirements; providing access to information; and facilitating access to markets, both locally and internationally.
The functions of the Co-operatives Development Agency will, among other things, include financial support services; nonfinancial support services; education and training; support and extension services; market intelligence and development; and monitoring and evaluation.
The other important institution established by the Bill will be a Co-operatives Tribunal. This will ensure compliance with legislative requirements; assist with judicial management; winding up; deregistration of co-operatives; and with the important task of conflict resolution. The tribunal will have full-time and part-time personnel and will be mobile in its operation. In other words, it will be able to adjudicate in different parts of the country, as required. Although its head office will be based in Pretoria, the fact is that it will have to be mobile to ensure accessibility to co-operatives in all parts of the country.
The functions of the tribunal will include, among other things, adjudicating on applications made in terms of the Act; assisting with conflict resolution - a particularly important task in ensuring the sustainability of co-operatives; assisting with any judicial management that may be required for a co-operative in distress; assisting with requests for the dissolution, winding up and liquidation of co-operatives; and assisting in the investigation and enforcement of compliance with the provisions of the Act.
The regulations required in terms of the Amendment Bill to enable the operationalisation of the legislation is in the process of being developed and will be published in the Government Gazette for comment. The Bill has organisational and personnel implications because it does create new structures to support co-operatives. The creation of these new structures will entail that personnel and existing products, currently supporting co-operatives through other government agencies, will need to be transferred to the new proposed institutions to ensure the streamlining of support for co-operatives. The transfer staff will be carried out in accordance with section 197 of the Labour Relations Act of 1995 and any collective bargaining agreement reached between the state and trade-union parties.
Let me conclude by saying that this is a Bill that has been the subject of extensive consultation and discussion with co-operators in the National Education Development and Labour Council, Nedlac, as well as in both the National Assembly and National Council of Provinces. I believe that this Bill will enable us to take our support for co-operatives forward and I commend it to the House. [Applause.]
Mr F ADAMS
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 124
The MINISTER OF TRADE AND INDUSTRY
Mr F ADAMS: Deputy Chairperson, hon Minister, hon members, ladies and gentlemen, the Director-General of the Department of Trade and Industry – I nearly called him "honourable" Lionel October, but he is Director-General Lionel October. I am not sure if he is in line for a promotion, Minister, to become a member of the House.
As the legislative arm of the state, subject to the doctrine of the separation of powers, Parliament has the obligation and the responsibility to make laws in compliance with the letter, spirit and purport of the Constitution. Chapter 1, Section 2 of the Constitution provides:
This Constitution is the supreme law of the Republic; law or conduct inconsistent with it is invalid, and the obligations imposed by it must be fulfilled.
The Preamble of the Constitution foregrounds its purpose as being, among others, to heal the divisions of the past, not to reinvent them - like the DA is doing - but to heal the divisions of the past, as the ANC is doing, and to establish a society based on democratic values, social justice and fundamental human rights. The legislation passed by Parliament, of which this august House is an integral part, therefore concretises the enjoyment of the otherwise abstract constitutionally entrenched rights by legal subjects. Section 22 of the Constitution provides the right to freely choose a trade and for any trade to be regulated by law.
Without a doubt, therefore, the Co-operatives Act, Act 14 of 2005 – the principal Act – was promulgated to promote the development of sustainable co-operatives in line with the Constitution. The Act therefore derives its powers from the Constitution but we have to accept that the process of lawmaking is not only context driven but dynamic as well. It is against that background that at this juncture, this House is called on to approve the Co-operatives Amendment Bill.
The review of the principal Act was inadvertently induced by fundamental public comments received during the consultation process regarding regulations for implementing the principal Act. Pursuant to that process, the Minister approved the amendment of the Act on 14 March 2012. The Cabinet approved the Bill. The Bill was tagged as a section 75 Bill and accordingly tabled before the National Assembly and processed by that House, which then approved it on 22 November 2012. The Bill was subsequently tabled in this august House and today the House is called upon to approve it.
The consultation process I referred to before exposed fundamental weaknesses in the principal Act that warranted legislative intervention. The principal Act was then reviewed to cure the identified defects. The review was underpinned by the imperative to strike a balance between empowerment and accountability. It is critical that co-operatives be inclusive and viable, as the Minister has said. Be that as it may, they should also be subject to appropriate legislation and regulation to ensure their sustainability and good governance.
The review was aimed at preserving the unique identity of co-operatives, while strengthening labour peace and deepening democracy. The review dovetailed a tailor-made dispensation with lawful, reasonable and procedurally fair administration. In other words, the review sought to protect the rights of co-operatives, while ensuring that co-operatives met their legal obligations. It has to be noted that economic transformation remains the legitimate purpose of protecting and supporting co-operatives, while ensuring their integrity and sustainability. According to the National Development Plan:
... the fragility of South Africa's economy lies in the distorted pattern of ownership and economic exclusion created by apartheid policies. The effects of decades of racial exclusion are still evident in both employment levels and income differentials.
The 8 January 2013 statement of the ANC's NEC succinctly captures the ANC's approach to economic transformation:
Given the realities in our country, we opted for a mixed economy where public, private, cooperative and other forms of social ownership complement each other in an integrated way. Within this mixed economy, we re-affirm the active and interventionist role of the state in ensuring economic development. It must be a state that has the capacity to intervene in the economy to lead development. The promotion of diversity is also pivotal. We will open up space for more black South Africans and more women to participate in the economy. This participation must be as employees, as creators of jobs and importantly as owners of the means of production.
The Bill should therefore be seen for what it is: an intervention by an interventionist state in the context of a mixed economy to put ownership and control of the means of production in the hands of previously disadvantaged people. Without doubt, co-operatives are a means of shifting ownership of the means of production from the monopoly capital, which currently enjoys sole ownership of such means while the majority is compelled to enter the economy as providers of labour power – unlike the Western Cape, where the minority wants to cling on to what the majority should have. In other words, the current status quo is such that the majority can only generate means of subsistence through employment and co-operative ownership of the economy to alter the status quo.
Co-operatives do not only rationalise the distribution of economic ownership but they also link the producer with production and empower him or her to make decisions on income appropriation. In this regard, the Bill strengthens co-operative governance by providing for a reporting framework for co-operatives and management of decision-making. Even more so, the Bill protects smaller co-operatives from the high cost of compliance by introducing three categories of primary co-operatives. This provides for a different ... differentiated ... dispensation – sorry, sometimes I get tongue-twisted, coming from the Western Cape province, which makes its own laws - in accounting activities and auditing. [Interjections.] The DA wants to root out Afrikaans in this province, so I don't know what the DA members are going on about. [Interjections.] The principal Act did not regulate the reporting and use of reserve funds and, consequently, there was a lack of uniformity and objective disparities in compliance quality.
The Bill substitutes section 46 of the principal Act by making obligatory for each co-operative to set aside indivisible reserves during each financial year. The section also obligates members to decide and stipulate limits to be kept as reserves in the constitution of the co-operatives of not more than 5% of their net assets.
In the same section, the Minister is given powers to provide guidelines for recordkeeping. What is the reason for giving the Minister this power? The reason is that he is the responsible Minister and a Minister who carries the hearts of the poor and historically disadvantaged South Africans close to his heart, because he is a member of the ANC. The guidelines refer to the purpose for which any of the reserves may be used and the manner in which a co-operative must report on the purposes for which the reserves were used.
The Bill endeavours to put in place norms and standards to strengthen co-operative governance, accountability and transparency. However, in order to ensure the survival of smaller co-operatives, it also provides for a differential reporting and auditing dispensation for co-operatives to reduce their regulatory burden. The burden gets more onerous as the co-operative grows in size, in line with its capacity and its impact on higher numbers of people. It is thus justified and reasonable that the bigger and more complex co-operatives carry a heavier regulatory burden than the smaller and simpler ones.
The National Development Plan states that South Africa remains a highly unequal society where too many people live in poverty and too few work. [Interjections.] The DA member is interjecting about the brain drain, but I think the DA is left with no brains, because they are chasing away all their brains. [Laughter.]
To accelerate progress, deepen democracy and build a more inclusive society, South Africa must translate political emancipation into economic wellbeing for all. To eliminate poverty and reduce inequality, the economy must grow faster and find ways to benefit all South Africans - not just the few who are in control of the DA in the Western Cape, but all South Africans. [Interjections.]
The government has to intervene to strengthen the capacity of co-operatives and deepen their democracy. This Bill before this House, which I commend to you, is the appropriate measure to realise the purpose of economic transformation and the equitable distribution of wealth among the people of South Africa. This Bill will foster community spirit because working together – this is the slogan of the African national party, the ruling party, the party that will rule until Kingdom comes –a community is able to accomplish more than when individuals go their separate ways.
I take this time to thank the Minister, the department, the director-general and all in the department for their support throughout the process. I also thank the members of the committee, under the leadership of the chairperson, hon Gamede, and the support staff for their ceaseless labour in ensuring the prompt processing of this Bill. The ANC supports this Bill. [Interjections.]
Mr L P M NZIMANDE: Chair, I would just like to clarify that the African National Congress is the ruling party – just to correct that.
Arikaans:
'n AGB LID: Hy is deurmekaar!
Mr F ADAMS: Chair, the ANC, the ruling party, the governing party, supports this Bill. I thank you. [Applause.]
Mrs B L ABRAHAMS
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 125
Mr F ADAMS
Mrs B L ABRAHAMS: Hon House Chair, I just want to say a special thank you for the presence of hon Davis and the Director-General, October. Hon members, hon Ministers, hon Mr Bloem, distinguished guests, ladies and gentlemen, this Bill will be an opportunity for the required ... [Interjections.] Chairperson, somebody's microphone is making noise. [Interjections.] Yes, it is echoing. Thank you.
The HOUSE CHAIRPERSON (Mr R J Tau): I think there is a problem with the sound system. It is picking up and giving us the interpretation in the House. Over and above that, the speakers are also soundingquite squeaky as they speak.
Mrs B L ABRAHAMS: Testing! Testing!
The HOUSE CHAIRPERSON (Mr R J Tau): Let's hope somebody will fix it. Hon member, you may proceed.
Mrs B L ABRAHAMS: The Bill will be an opportunity for required framework for co-operatives to address part of the poverty within South Africa. In many developed and underdeveloped countries, co-operatives have been used to alleviate poverty. We hope the same can happen to all in South Africa.
Hubs must be established in all provinces to streamline support to allow co-operatives to be accessible to all the people, both in rural and urban areas, and not just in some parts of South Africa. Co-operatives are key in the local economic developments programmes in local government ... [Interjections.]
The HOUSE CHAIRPERSON (Mr R J Tau): Hon member, I won't take much of your time. Hon members can you just assist the process? Those who are using the earphones, can you just unplug them please? I think this noise is coming through these devices? Okay, you may proceed.
Mrs B L ABRAHAMS: Hubs must be established in all provinces to streamline support to allow co-operatives to be accessible to all the people, both in rural and urban areas in South Africa, not just in some parts. Co-operatives are key in the Local economic developments programmes in local government as they have support thorough their budgets. Surprisingly, the same initiatives are presented by both provincial and national structures. It needs to be aligned along all three spheres of government to allow co-operatives to function well.
Co-operatives need an environment to grow and develop into sustainable one. Co-operatives' need to be supported by bigger businesses, and mentorship programmes is crucial. These businesses are essential for the co-operatives to learn and grow from already established businesses. A co-operative training academy needs to be established and implemented sooner than later. Mentorship programmes must not be a negotiable programme, but part of the establishment of a co-operative. Quarterly evaluations are essential if co-operatives are to be sustainable and successful businesses, and not wait until the co-operative fails and then it is too late to salvage them.
Most co-operatives do not have the ability to understand or manage what the co-ordination and compliance of co-operatives are. That is why there are so many of them registered but are not in operation. Skills development in all sectors relating to co-operatives must be compulsory prior to funding being given to co-operatives. Sustainability must be enhanced and the necessary assistance must be given to all registered co-operatives.
If co-operatives are monitored and guided throughout a training period from the beginning, they could become sustainable and contribute largely to sustainable economic growth and job creation. They need to be assisted in finding markets and marketing efficiently before starting to produce their products. Marketing is an essential part of sustainable and successful co-operatives and should form part of this fundamental training. Many co-operatives produce excellent products, but do not have marketing and business skills. Therefore, they are setup for failure even before they have started their own businesses.
This Bill allows for unemployed people with different skills to be part of a co-operative and to have access to an opportunity to become economically viable and have their dignity restored. If successfully implemented, many people would be able to live a decent life and be sustainable, although education and training should be necessary in all sectors before co-operatives are allowed to operate on their own.
This Bill also allows for the establishment of a co-operative development agency, as well as a tribunal which would allow disputes to be resolved cost-effectively. These agencies must be well distributed throughout all provinces for ease of accessibility and not having to travel long distances and spend unnecessary monies that can be utilised in growing the co-operatives.
Training and education in the community on this Bill is critical to all members that are part of co-operatives. This should happen throughout all provinces. Training on the Constitution for co-operatives is essential and must be provided to allow them to understand the importance of the Constitution within the co-operative. Many co-operatives are not aware of the constitutional elements of the co-operative.
In conclusion, what is of concern is the most of new government agencies that the Bill provides for. It will be the department's responsibility to commit funds to these new agencies. Whether they will add value or not, remains to be seen. I thank you. [Applause.]
Mrs M C DIKGALE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 126
Mrs B L ABRAHAMS
Mrs M C DIKGALE: Hon Deputy Chairperson, hon Minister, our director-general, hon Members of the NCOP, ladies and gentlemen, as the ANC, as we were preparing to take over in 1994, we envisage a dynamic private sector that would employ the skills and acumen of all South Africans, thereby making a major contribution to the provision of good quality, attractive and competitively priced goods and services for all South Africans.
We also envisaged that small business activities, which contribute significantly to job creation, should be actively encouraged by a democratic state. But, the reality that confronted us was a society that was ravaged by long years of apartheid, underdevelopment, unemployment, poverty, illiteracy, poor infrastructure and subjected many of our people to some of the most inhuman conditions.
We were confronted by an economy that was geared towards promoting the interests of the Afrikaner community and subjected our people to some of the harshest working conditions.
Our people were nothing less than cheap labour that was exploited by all means and at all costs.
Today, we are witnessing yet another great stride towards strengthening our efforts to build a developmental state that is geared towards responding to the legacy of apartheid, development and the socioeconomic conditions facing our people. We say this because, as the ANC, we recognise the need for decisive intervention to deal with anything that hinders on our resolve to give our people a better life.
As the ANC, we believe that this Bill enables us and our government to continue to ensure that cooperatives form one of the most effective interventions that will bring development in the communities where our people live, especially in the rural areas.
This Bill will close any possible loophole that was used previously to marginalise our commitment to use cooperatives as one of the strategic interventions to build our economy. The interventions would also ensure that those that are involved in cooperatives are recognised and protected as employees. It also gives a sense of reassurance to our people that, as the ANC, we are a caring government that remains committed in fighting for the rights of workers wherever they are and in whatever form that we can possibly use.
As the ANC, we believe that this Bill will enable the Department of Trade and Industry to move with utmost speed to intervene where there are areas of abuse of cooperatives and the objectives that we have set for them to thrive and give our people an opportunity to sustain themselves.
Cooperatives have a long and successful tradition around the world. They have proven to be amazingly flexible in meeting a wide variety of social and economic human needs. International experience shows that countries which have achieved economic development also have a vibrant and a dynamic cooperative sector that contributes substantially to the growth of their economies. For example, in Kenya, cooperatives contribute 45% of the Gross Domestic Product, the GDP, and 31% of the total national savings and deposits. Cooperatives control 70% of the coffee market, 76% of the dairy market and 95% of the cotton market
In New Zealand, 22% of the country's Gross Domestic Product is generated by cooperative enterprises. In addition, cooperatives are responsible for 95% of the dairy market and 95% of the export dairy market. They hold 70% of the meat market, 50% of the farm supply market, 70% of the fertiliser market, 75% of the wholesale pharmaceuticals and 62% of the grocery market.
In Spain, the cooperatives movement produces more that 70 billion pounds in turnover and the majority of these cooperatives are worker cooperatives.
In contrast with other forms of business, cooperatives tend to mobilise and integrate more people and communities into the mainstream economy. According to the International Cooperative Alliance report, international cooperative movements represent over 800 million members, more than the total population of the entire European continent.
Although the cooperative sector is a well-established economic vehicle in Sout
h
h Africa, which dates back to the early 20th Century, they have largely been driven by racial preferences, resulting in the exclusion of the majority of our people. It was a sector that was predominantly available to the white agricultural communities and aimed at developing and building the white farming community. These cooperatives eventually developed into powerful business ventures, which controlled agricultural production, marketing and processing in rural areas that promoted the interests of few white farmers.
As the ANC, we have recognised that cooperatives also serve as one of the most effective and formidable ways for economic growth and activity. We have made it our national quest to ensure that our people too benefit from cooperatives. We have seen how, in the last few years of our democracy, the interventions of our government, through cooperatives, have changed the lives of our people.
Let me say to the Department of Trade and industry: Make sure that you continue with your programme of taking the DTI to the people because it is working.
In Limpopo, where I come from, we have seen the growth of a variety of economic activities that have not only brought employment and food security to our people, but also ensured that they too enjoy a better quality of life.
As the ANC, we support this Bill because we know that it will go a long way in ensuring that we expand the cooperative sector into one of the most formidable vehicles to bring development to our people.
Sepedi:
Tona, ka segagešo go nale seema se se rego: Ngwana ga a leboge mogopo wa mmagwe. Le ya šoma. Re a leboga. [Legoswi.]
Mr K A SINCLAIR / ARM / END OF TAKE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 127
Mrs M C DIKGALE
Mr K A SINCLAIR: Chairperson, hon Minister, last Friday one of the most prominent religious leaders in South Africa made a very profound statement. Bishop Tutu said that he will not vote for the ANC in the next election again. [Interjections.] Now, you would ask me hon Chairperson, what announcement by Bishop Tutu and the co-operative has got in common. In essence they have everything in common because Bishop Tutu based his pronouncement on the fact that the South African economy is not making sure that the benefits of the fruit of our country are divided to everybody.
Now, in the previous dispensation, co-operatives fulfilled a fundamental role in the emancipation of businesses and, more specifically, agriculture in South Africa.
It was a model that worked well to sustain food security all-be-it for a specific sector of our society. What we therefore need is a framework that can develop and address the current impasse that developed regarding co-operatives. As we know, hon Chairperson, less than 13% of co-operatives, as we speak are functional, and I suppose part of the objectives of this amendment is to address that.
We must realise that in real terms we must address the need for a legislative tool to sustain the wellness and daily livelihood for our people. The basic imperatives of this amendment from a Cope perspective is to ensure that the poor and mainly marginalised people in rural areas can do so without too much red tape and bureaucratic control.
Hon Chairperson, the Minister in his speech referred to that, and one of the biggest challenges of these new amendments would be to manage the various spheres of government. It has got to do with compliance and the administration cost and we must make sure that it does not prohibit the growth of the potential co-operatives.
The next issue, Chair that is very important is the institutional overlap and the duplication of institutions, like the rural development support agencies and the proposed co-operative development agencies.
Another important factor, Chair, is to make sure that double dumping does not take place. Co-operatives are central in local economic development programmes and municipalities and local authorities need to establish mechanisms to support that.
Lastly, I want to conclude by saying that in terms of consultation and specifically the role of the NCOP, it is necessary to raise the concern that we believe that not enough consultation took place in the various provinces regarding this very important piece of legislation. I thank you hon Chairperson.
Mr A J NYAMBI
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 127
Mr K A SINCLAIR
Mr A J NYAMBI: Chairperson, hon Minister, Director-General and your delegation, hon members, may be the late president of Mozambique, Samora Machel, was looking at Mr Sinclair when he said: "Too often we enjoy the comfort of opinion without the discomfort of thought."
Hon Minister, as the ANC we say to you always accept constructive criticisms, but you must always know that in my entire life I have not seen a dog bucking at a car that is at the stand still. They will go for a car that is moving. When you are not wise, hon Sinclair, you want to conquer the world, but when you are wise you want to conquer yourself, that's fallacy.
Our democratic state is built on the values of equality, human dignity and freedom. One of the strengths of our Constitution is that it entrenches the Bill of Rights that protect fundamental human rights from infringement by neither natural person, juristic person nor the state. While these rights are protected subject to section 36, which is the limitation clause, they cannot however be unreasonably and unjustifiably violated without attracting adverse consequences on the perpetrator or perpetrators of such violations.
It should always be born in mind that our Bill of Rights is not a charter of negative liberties intended to protect individuals against state power. Our Bill of Rights is thus not limited to vertical application but extends more so horizontally, protecting persons against infringements of their rights by other persons.
Three of the rights protected by the Constitution, which the Co-operatives Amendment Bill undertakes to realise their enjoyment are: section 23 right to fair labour practice; section 33 right to lawful, reasonable and procedurally fair administrative action; and section 34 right to have any dispute that can be resolved by the application of the law, decided in a fair public hearing before a court, or where appropriate, an independent and impartial tribunal or forum.
The Bill aptly defines a worker co-operative as "a co-operative in which the members pursue the objective of optimally utilising their labour by building a jointly-owned and self-managed enterprise." Section 209 of Labour Relations Act 66 of 1995, defines an employee as follows:
Any person, excluding an independent contractor, who works for another person or for the state, and who receives, or is entitled to receive, any remuneration; and any other person who in any manner assists in carrying on or conducting the business of an employer.
The Basic Conditions of Employment Act 75 of 1997 adopts the same definition.
The review of the principal Act reveal that employees of worker co-operatives are often abused and that the Labour Relation Act and the Basic Conditions of Employment Act are circumvented in such circumstances. The Bill cures this mischief by substituting a new item for item 6 of Part 2 of Schedule 1 to the principal Act. In this regard the Bill defines an employee of a worker co-operative as a member or a non-member who receives a wage; or who receives any form of income from the co-operative.
In providing for the protection of labour rights of employees of worker co-operatives, the Bill inserts a deeming clause in the item which provides for the same legal protection to employees of workers' co-operatives as workers defined in the Labour Relations Act and the Basic Conditions of Employment Act. There is therefore no difference between the employees, and as such noncompliance by any worker co-operative, except in prescribed exceptional circumstances, with the provisions of the two Acts must attract an appropriate sanction.
The Bill brings into realisation the right to be heard and the right to fair adjudication of disputes by establishing a Co-operatives Tribunal through insertion of a new Chapter 12C into the principal Act. The tribunal will be able to hear, decide, and execute judgement of a relevant matter that arises from all provinces, regions, and localities in the country. The tribunal as required by the Constitution shall be independent and subject only to the Constitution. It shall be subject to principles of nonbias such that it shall perform its functions without fear, favour, or prejudice.
One of the challenges identified by the review of the principal Act is that the support that is currently available for co-operatives is not tailor-made for them. The Bill remedies this weakness by establishing a Co-operatives Development Agency. The system of financial management of the agency must comply with Schedule 3A to the Public Finance Management Act.
The agency shall enter into a memorandum of understanding with the members of the executive councils responsible for economic development in the provinces or municipal councils. It shall delegate functions of the satellite offices to the provincial department responsible for economic development or municipal council. It further must implement the MoU, which must be monitored through the Minmec or other relevant structures.
The review of the principal Act also disclose that the word "board" suggests that the structure has legal powers, whereas its objective is for advisory purposes. The Bill therefore replaces the Advisory Board by Advisory Council. The functions of Advisory Council are to advise the Minister and make recommendations with regard to policies and programmes of the development of the objectives.
The state has an obligation to respect, protect, promote and fulfil the rights in the Bill of Rights. The rights to a fair hearing, fair labour practice, and fair administrative justice are just some of those rights. Co-operatives need a tailor-made support for them and their workers. They need adequate protection from any form of violation of their labour rights, which is also the prime mandate of this House. Provincial interest and intergovernmental relations are also fundamental to the sustainability of co-operatives.
Hon Chairperson, the ANC supports the Bill. [Applause.]
THE MINISTER OF TRADE AND INDUSTRY ...
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 128
Mr A J NYAMBI
The MINISTER OF TRADE AND INDUSTRY: Chairperson, let me thank the hon members for their contributions; I think most have been quite sensible and positive. What is very important is that we roll out an improved programme which combines active support, mentoring and skills development for co-operatives, with also a regulatory framework that allows for transparency, accountability and controlled by members of the co-operatives. This is what this Bill provides.
I just wanted to say when I gave a figure earlier of our increasing rollers of department, perhaps it is just worth mentioning that among the co-operative programmes we have been rolling out; we have been working to try to get small fisher communities in the Western Cape to form themselves into co-operatives. We will then be able to provide them with better fishing boats than they have had up to now.
We are have one in the hon Dikgale's Province of Limpopo, we have also been working with co-operatives that are producing fresh vegetables and we brought them into contact with supermarkets in Johannesburg, so that they have contracts to supply those supermarkets with fresh produce.
To give another example, we have been working in the Northern Cape, to try to support bread co-operatives that are supplying schools. We have also done the same – this is actually in response to the request from the hon Sinclair.
I should just say, in response to what hon Abraham said, that actually I read out one of the functions of the Co-operatives Development Agency is in fact education and training. We recognise the importance of that. I did not mention it because it is not part of the Bill, but my colleague, the Minister of Higher Education and Training is creating a co-operative academy in a further education and training college, precisely, because we recognise that there is need for education and specialised training to make successful co-operatives.
The hon Sinclair said that we had not done adequate consultation in the provinces. I think that I should draw his attention to page 54 of the Bill, where it talks about consultation. It says: All provinces through the co-operative into provincial committee and provincial workshops were part of the consultation; municipalities through provincial workshops and the co-operative sector through co-operative workshops. We have not been minimal in the consultation.
We developed the strategy framework in consultation with stakeholders in provinces, municipalities, local level, as well as through the formal processes of Nedlac, National Economic Development and Labour Council, and Parliament. I think that we have canvassed this Bill adequately. I do not think that there is any body who does not know, who is interested, what is this Bill is about.
There was something wrong with the sound system when the hon Sinclair was speaking. He said something about Bishop Tutu but from where I was sitting, he sounded very squeaky and incoherent. [Laughter.] I just want to say to him that I would suggest that he does as Bishop Tutu; pray a lot. [Interjections.] He has got as much chance of winning the lottery as he has of being re-elected to this Parliament as a Cope member. Thank you. [Applause.]
The HOUSE CHAIRPERSON: COMMITTEES AND OVERSIGHT (Mr R J Tau): Order, hon members I don't know what that will be called now, hon Bloem.
Mr D V BLOEM: I think if he is done, it is the question of explanation.
The HOUSE CHAIRPERSON: COMMITTEES AND OVERSIGHT (Mr R J Tau): No, there is no such. Can you sit down, hon Bloem? There is no such thing provided for.
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.
Mr D D GAMEDE
UNREVISED HANSARD
NATIONAL COUNCIL OF PROVINCES
Tuesday, 14 May 2013 Take: 128
FOURTH ORDER
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON TRADE AND INTERNATIONAL RELATIONS - AGREEMENT ON THE AMENDMENT OF ANNEXURES IV AND VI OF TRADE DEVELOPMENT AND CO-OPERATION AGREEMENT BETWEEN THE REPUBLIC OF SOUTH AFRICA, ON THE ONE PART, AND THE EUROPEAN COMMUNITY AND ITS MEMBER STATES, ON THE OTHER PART, REGARDING CERTAIN AGRICULTURAL PRODUCTS
Mr D D GAMEDE: Chairperson, I really thought my detachment would do everything today.
Hon Chairperson, the Select Committee on Trade and International Relations having considered the request for the approval of the Agreement on the Amendment of Annexures IV and VI...
The HOUSE CHAIRPERSON: COMMITTEES AND OVERSIGHT (Mr R J Tau ): Hon Bloem.
Mr D V BLOEM: Hallo! [Laughter.]
The HOUSE CHAIRPERSON: COMMITTEES AND OVERSIGHT (Mr R J Tau ): Order!
Mr D D GAMEDE: ... of the Trade Development Co-operation and Co-operation Agreement between the Republic of South Africa, on the one part, and the European Community and its member states as part of the ratification process, regarding certain agricultural products, also referred to as the Cheese Agreement, recommends that the Council approves this agreement in terms of section 231(2) of the Constitution of the Republic of South Africa. I so move. [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 16:10.
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