Hansard: NA: Consideration of requests for approval of Annex IV of the International Convention for the Prevention of Marine Pollution from Ships (MARPOL) 73/78 & Annex VI of the International Convention for the Prevention of Marine Pollution from Ships (MARPOL) 73/78 Reports of PC on Transport
House: National Assembly
Date of Meeting: 19 Aug 2014
Summary
No summary available.
Minutes
UNREVISED HANSARD
NATIONAL ASSEMBLY
19 AUGUST 2014
PAGE: 1
TUESDAY, 19 AUGUST 2014
PROCEEDINGS OF THE NATIONAL ASSEMBLY
______________________
The House met at 14:00.
The Speaker took the Chair and requested members to observe a moment of silence for prayer or meditation.
ANNOUNCEMENT
START OF DAY
APPOINTMENT OF MR C V MAHLANGU AS NATIONAL ASSEMBLY UNDERSECRETARY: HOUSE PLENARIES
(Announcement)
The SPEAKER: Hon members, I wish to announce to the House that Mr C V Mahlangu has been appointed to the post of National Assembly Undersecretary: House Plenaries, with effect from 1 July 2014. In that capacity, he is responsible for procedural and related support services to plenary meetings of the National Assembly.
NOTICES OF MOTION
ANNOUNCEMENT
NOTICES OF MOTION
Ms N T NOVEMBER: Speaker, the ANC deplores crimes against women and children. The ANC is appalled and strongly condemns the growing incidence of the killing and maiming of women and children, particularly in recent weeks. The ANC strongly believes that this growing and inexplicable phenomenon has no justification or place in our society. Therefore, the ANC continues to prioritise incidents of crimes perpetuated against women and children by pursuing ... [Interjections.]
The CHIEF WHIP OF THE OPPOSITION: Speaker, I think the member is reading out a statement and not a motion.
The SPEAKER: Yes, hon member. Actually, it is true. It sounds like a statement. Perhaps you can raise it when we come to statements.
Ms N T NOVEMBER: Thank you, Chair.
Ms P T VAN DAMME
Ms N T NOVEMBER
Ms P T VAN DAMME: Speaker, I hereby give notice that on the next sitting day of the House, I shall move on behalf of the DA:
That the House debates the protection and strengthening of Lesbian, Gay, Bisexual, Transgender and Intersex, LGBTI, rights following the brutal murder and rape of a lesbian woman, Disebo Makau, in Ventersdorp, North West, in what is believed be a hate crime. While South Africa was the first country in the world to prohibit ... [Interjections.]
The SPEAKER: Hon member, you are also reading out what sounds like a statement.
Ms P T VAN DAMME: It is a motion!
The SPEAKER: No. [Laughter.]
Ms P T VAN DAMME: I so move.
The SPEAKER: We know a motion when we hear one.
Mr M H MATLALA
The SPEAKER
Mr M H MATLALA: Speaker, I hereby give notice that on the next sitting day of the House, I shall move on behalf of the ANC:
That the House debates ensuring energy security and promoting clean and renewable sources of energy supply.
The SPEAKER: These are notices of motion.
Mr M A DIRKS
The SPEAKER
Mr M A DIRKS: Speaker, I hereby give notice that on the next sitting day of the House, I shall move on behalf of the ANC:
That the House debates the role that South African men can play in ensuring an end to violence against women and children.
Mr N F SHIVAMBU
Mr M A DIRKS
Mr N F SHIVAMBU: Speaker, I hereby give notice that on the next sitting day of the House, I shall move on behalf of the EFF:
That the House debates the need for legislation on base erosion, transfer pricing and profit shifting.
Dr D T GEORGE
Mr N F SHIVAMBU
Dr D T GEORGE: Speaker, I hereby give notice that on the next sitting day of the House, I shall move on behalf of the DA:
That the House debates the near collapse of the African Bank and considers whether appropriate regulation is in place to prevent further contagion.
Ms M O MATSHOBA
Dr D T GEORGE
Ms M O MATSHOBA: Speaker, I hereby give notice that on the next sitting day of the House, I shall move on behalf of the ANC:
That the House—(1) debates the role that South African men can play to ensure an end to violence against women and children; and
(2) further debates transformation of the structure of our economy to increase the participation of women and their access to economic opportunities.
Mr I MOSALA
Ms M O MATSHOBA
Mr I MOSALA: Speaker, I hereby give notice that on the next sitting day of the House, I shall move on behalf of the ANC:
That the House debates assessing the strategies used to retain and recruit health professionals in the country to prevent them from seeking opportunities abroad.
Mr N M KHUBISA
Mr I MOSALA
Mr N M KHUBISA: Speaker, I hereby give notice that on the next sitting day of the House, I shall move on behalf of the NFP:
That the House deliberates on the question of the negative impact of cadre deployment in municipalities and projects awarded to friends, family members and relatives of those employed in municipalities, as stated in the recent report of the Auditor-General.
Mr R P RAMAKATSA
Mr N M KHUBISA
Mr R P RAMAKATSA: Speaker, I hereby give notice that on the next sitting day of the House, I shall move on behalf of the EFF:
That the House debates the need for a national minimum wage to address the wage imbalances.
Dr A LOTRIET
Mr R P RAMAKATSA
Dr A LOTRIET: Speaker, I hereby give notice that on the next sitting day of the House, I shall move on behalf of the DA:
That the House debates ways to encourage public and private investment in research and development in the field of science and technology, and the role that research and development can play in economic growth and job creation, given the fact that South Africa spends less than 1% of gross domestic product, GDP, on research and development.
Mr S J MASANGO
Dr A LOTRIET
Mr S J MASANGO: Speaker, I hereby give notice that on the next sitting day of the House, I shall move on behalf of the DA:
That the House debates the state of government buildings and comes up with a solution to properly maintain them.
Mr M Q NDLOZI
Mr S J MASANGO
Mr M Q NDLOZI: Speaker, I hereby give notice that on the next sitting day of the House, I shall move on behalf of the EFF:
That the House debates the percentage of locally beneficiated and industrialised mineral resources.
Ms D CARTER
Mr M Q NDLOZI
Ms D CARTER: Speaker, I hereby give notice that on the next sitting day of the House, I shall move on behalf of Cope:
That the House debates the social, economic and safety consequences of the crumbling infrastructure of South African cities due to poor governance, dangerous neglect, waste of resources, continued cadre deployment and rampant corruption in the corridors of power.
Mrs S Z DLAMINI-DUBAZANA
Ms D CARTER
Mrs Z S DLAMINI-DUBAZANA: Speaker, I hereby give notice that on the next sitting day of the House, I shall move on behalf of the ANC:
That the House debates assessing the strategies used to retain and recruit health professionals in the country so as to prevent them seeking opportunities abroad.
Mr G A GARDEE
Mrs Z S DLAMINI-DUBAZANA
Mr G A GARDEE: Speaker, I hereby give notice that on the next sitting day of the House, I shall move on behalf of the EFF:
That the House debates the relocation of Parliament to Pretoria to reduce logistical challenges.
Mr M HLENGWA
Mr G A GARDEE
Mr M HLENGWA: Speaker, I hereby give notice that on the next sitting day of the House, I shall move on behalf of the IFP:
That the House debates the worrying situation in our municipalities with regard to the findings of the Auditor-General.
Mr K J MILEHAM
Mr M HLENGWA
Mr K J MILEHAM: Speaker, I hereby give notice that on the next sitting day of the House, I shall move on behalf of the DA:
That the House debates the need to include dedicated cruise liner infrastructure in the Department of Tourism’s National Tourism Sector Strategy in line with the mandate of the National Development Plan that has earmarked tourism as the only sustainable job-creating sector in the economy.
Mr N E GCWABAZA
Mr K J MILEHAM
Mr N E GCWABAZA: Speaker, I hereby give notice that on the next sitting day of the House, I shall move on behalf of the ANC:
That the House debates supporting and promoting the wellbeing of senior citizens so that they can participate meaningfully in society.
Mr A M SHAIK EMAM
Mr N E GCWABAZA
Mr A M SHAIK EMAM: Speaker, I hereby give notice that on the next sitting day of the House, I shall move on behalf of the NFP:
That the House debates the amount of R600 million that was not paid within 30 days.
Mrs C DUDLEY
Mr A M SHAIK EMAM
Mrs C DUDLEY: Speaker, I hereby give notice that on the next sitting day of the House, I shall move on behalf of the ACDP:
That the House debates the need to provide for paternity leave and to review provisions for maternity leave.
MOTIONS WITHOUT NOTICE
NOTICES OF MOTION
MOTIONS WITHOUT NOTICE
NAT NAKASA’S REMAINS RETURNED FOR REBURIAL
(Draft Resolution)
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Speaker, I move without notice:
That the House—
- notes that on Tuesday, 12 August 2014, the Minister of Arts and Culture, the hon Nathi Mthethwa, led a delegation to the United States of America to bring back the remains of the renowned anti-apartheid journalist, Nat Nakasa, for burial at home on South African soil;
- further notes that this comes after the Supreme Court of the State of New York had granted permission for the remains of Nakasa to be returned home;
- recalls that Nathaniel Ndazana Nakasa was born in 1937 in Chesterville, KwaZulu-Natal, and distinguished himself as a transcendent voice in the world of journalism during the 1950s and early 1960s;
- further recalls that he was the first black columnist of the Rand Daily Mail, and that, in 1963, he founded The Classic, the first black-owned literary journal in South Africa;
- remembers that Nakasa was granted the prestigious Nieman Fellowship for Journalism at Harvard University in the US, but that the apartheid government denied him a visa, and as a result he was forced to leave South Africa on an exit permit in 1964 which meant that he could not return;
- further remembers that after a long career of writing and acting in exile, he became homesick and depressed and committed suicide, in New York, in 1965;
- acknowledges that the South African government has been involved in the efforts to return Nakasa’s remains to home soil for the past two years; and
- thanks the Department of Arts and Culture, as the custodian of the nation’s memory, for playing a leading role in the efforts to rebury Nat Nakasa’s remains on home soil.
Agreed to.
Mr M S SESHOKA
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY
EXCELLENT PERFORMANCE FOR TEAM SA AT THE COMMONWEALTH GAMES
(Draft Resolution)
Mr M S SESHOKA: Speaker, I move without notice:
That the House—
- notes the incredible performance of Team South Africa at the 20th Commonwealth Games in Glasgow;
- further notes that the 180 South Africans who represented Team South Africa at the Commonwealth Games made our country proud by winning a total of 40 medals, including 13 gold, 10 silver and 17 bronze medals;
- acknowledges that this is seven medals more than the total of 33 that Team South Africa won at the 2010 Commonwealth Games in Delhi;
- congratulates Team South Africa for this magnificent achievement; and
- further congratulates Mr Chad Le Clos on becoming only the second person in history to win an incredible seven medals during a single edition of the Commonwealth Games.
Agreed to.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY
Mr M S SESHOKA
DEATH OF ANC COUNCILLOR BUYISILE MKAVU
(Draft Resolution)
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Speaker, I move without notice:
That the House—
- notes with sadness the death of the Nelson Mandela Metro ward councillor, Buyisile Mkavu, who was shot dead in Uitenhage on 2 August 2014;
- further notes that Mkavu, who fought tirelessly for services and the housing needs of the city’s destitute and vowed earlier this year that he would continue doing so, died at the scene of the shooting;
- remembers that Mkavu was a young, dynamic and vibrant politician, who led a task team to intervene in the violence in Motherwell;
- recalls that he was the Head of the Human Settlements Committee;
- believes that the ANC has lost a visionary leader who spearheaded developments in Despatch and Uitenhage to ensure that more projects were included in the seven-year housing turnaround strategy and strongly believed in improving communication channels with the community; and
- conveys its deepest condolences to his family, his friends and the broader Nelson Mandela Bay populace; and
- calls on the SA Police Service to bring the culprits to book.
Agreed to.
The CHIEF WHIP OF THE OPPOSITION
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY
SA SCHOOLS DEBATING TEAM AT WORLD CHAMPIONSHIPS
(Draft Resolution)
The CHIEF WHIP OF THE OPPOSITION: Speaker, I move without notice:
That the House—
- notes that between 5 and 15 August 2014, the SA Schools Debating Team competed at the 26th Annual World Schools Debating Championships held in Bangkok, Thailand;
- further notes that Team South Africa reached the final of the championship and narrowly lost out to Team England in the grand finale;
- acknowledges that the World Schools Debating Championships aims to not only encourage healthy debate and free speech, but also promotes international understanding;
- further acknowledges that South Africa has participated in every World Schools Debating Championships since 1998 and that our teams have consistently performed well;
- congratulates the incredibly talented pupils who flew our nation’s flag high: Joshua Broomberg, Kate Dewey, Rachel Gardiner, Saadiyah Mayet and Sam Musker; and
- further congratulates head coach, Luke Churchyard, as well as assistant coaches, Phiwe Salukazana and Elisha Kunene, on their team’s remarkable achievement.
Agreed to.
Mr M Q NDLOZI
The CHIEF WHIP OF THE OPPOSITION
CONDUCT OF IEC CHAIRPERSON
(Draft Resolution)
Mr M Q NDLOZI: Speaker, I to move without notice on behalf of the EFF:
That the House—
- notes that on 13 August 2014, the Constitutional Court issued an order dismissing the attempts by the disgraced Independent Electoral Commission, IEC, chairperson to appeal the order of the electoral court to Parliament to set in motion impeachment processes against her, as per judgement issued on 18 July 2014;
- further notes that these judgments of the two honourable courts are on record and accordingly vindicate the Public Protector’s findings of the Treasury’s forensic report on the conduct of the IEC chairperson with regard to the procurement of the offices for the IEC whilst she was still the chief executive officer of the IEC;
- further notes that the adverse ...
Ms M T KUBAYI: Hon Speaker, on a point of order: My understanding is that the IEC chairperson’s appointment is dependent on the House and therefore any statement that reflects on her capacity to hold office, is contrary. Therefore, it needs to be processed through the proper committee and therefore the statement that is read by the EFF is out of order and should not be allowed.
The SPEAKER: In fact, when you want to raise a motion without notice, you have to process it to make sure it doesn’t raise disagreement and tension. So, it is not what you would raise in a motion without notice. [Interjections.] Sure. [Laughter.] So, we have to be patient with one another. Let us see if there is any other motion without notice. [Interjections.]
Mr A M FIGLAN
The SPEAKER
KHAYELITSHA BUSINESSMAN NOMINATED FOR AN AWARD IN GERMANY
(Draft Resolution)
Mr A M FIGLAN: Speaker, I hereby move without notice on behalf of the DA:
That the House—
- notes that a Khayelitsha entrepreneur and founder of Silulo Ulutho Technologies, Mr Luvuyo Rani, has been nominated for an award at the Junior Chamber International, in Germany;
- further notes that he has been nominated in the category of business, economic and entrepreneurial accomplishment;
- acknowledges that he started Silulo Ulutho Technologies 10 years ago from the boot of his car and today has 32stores providing IT and business services to clients around the country;
- further acknowledges that the Junior Chamber International annually honours 10 outstanding people under the age of 40 for service, innovation, determination and revolutionary thinking; and
- congratulates Mr Rani on this extraordinary achievement and wishes him the best of luck in his future endeavours.
Agreed to.
Mr J A MNGXITAM
Mr A M FIGLAN
SECOND ANNIVERSARY OF MARIKANA MASSACRE
(Draft resolution)
Mr J A MNGXITAM: Speaker, I hereby move without notice on behalf of the EFF:
That the House—
(1) notes that, last Saturday, we observed the second anniversary of the Marikana massacre where workers were brutally murdered for demanding a living wage, that is now two years on and the families have not yet seen justice;
(2) further notes that the EFF have taken upon itself to build houses for some of the widows, buy school uniforms for children and refurbish some of the houses, because those widows continue to exist under deplorable conditions after their caregivers or those who supported them were murdered.
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, on a point of order: I was upbraided quite severely in this House last week for not circulating these motions beforehand. I was informed that it is the convention in Parliament that we circulate these motions amongst parties to ensure that we are in agreement with them before they come to the House and that is parliamentary practice. I would ask that, after my upbraiding last week, an even hand is applied. [Interjections.]
The SPEAKER: I think we should agree that our colleagues from the EFF are learning slowly, and we need to be patient. [Laughter.] [Interjections.] That’s why I allowed the hon member to go on so I could make sure that I was hearing what he was saying and I am glad that he is taking it in a good spirit.
Mr N F SHIVAMBU: Hon Speaker, in terms of the parliamentary Rules, which we have read thoroughly and understand, possibly, better than you do ... [Interjections.] ... motions without notice can be raised by all Members of Parliament. The practice is not law. It is not a Rule. It is not a binding obligation.
The SPEAKER: Hon Shivambu ...
Mr N F SHIVAMBU: We have the constitutional right, as the EFF, to stand up and raise issues that ...
The SPEAKER: You have to raise your points and your views on Rules of Parliament in the appropriate forum.
Mr N F SHIVAMBU: But there is no such Rule that you have to raise in terms of this particular issue ...
The SPEAKER: You cannot, hon Shivambu, come and argue with us in the House when we practise Rules we’ve practised from time immemorial in this Parliament. So, please go to the Rules Committee meetings or to the meetings of the Chief Whips’ Forum so that you can engage with your colleagues from different political parties and give your viewpoints. Then you might get to a point where people understand and agree with you. If not, and you come to the House and want to argue, you are not creating a good spirit in the House, hon Shivambu. [Interjections.]
Mr N F SHIVAMBU: Hon Speaker, I was pointing out to you the fact that there is no Rule that says that it is compulsory to consult on these Rules.
The SPEAKER: Hon Shivambu, I am conducting the business of the House and I need you to co-operate. Let us get on with the business of the House. Is there any other motion? [Interjections.]
Dr C P MULDER: Hon Speaker ...
The SPEAKER: Hon Shivambu? [Laughter.] The hon member suddenly looked like the hon Shivambu! [Laughter.]
Dr C P MULDER: No! I don’t! [Laughter.] Hon Speaker, I just need clarity with regard to what has just happened because the intention of a motion without notice is that the House then agrees to that motion. That motion that was not circulated cannot be put to the House. I am not sure if the impression is that the House agreed to it because if it was not circulated, then I would like to object to that motion. Thank you.
The SPEAKER
Dr C P MULDER
The SPEAKER: No, hon member, it was not agreed to because, remember, the Chief Whip of the Opposition immediately rose, and reminded us of what happened to him. So, we were immediately trying to persuade our colleagues to move on because, indeed, it was not a properly processed motion without notice.
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, strictly speaking, the hon Shivambu is correct. Surprise, surprise! [Interjections.] No, do not be in hurry to agree. Here is the point. Basically all of us here represent constituencies and the whole nation. If the you or the hon Shivambu want the House to agree on a particular path or issue, you want to circulate the motion you intend raising, so that you have no objection from anybody – because once a motion without notice is objected to, it is dead.
The SPEAKER: Alright, is there any other motion without notice?
Mr N F SHIVAMBU: Hon Speaker ...
The SPEAKER: Do you want to raise another motion without notice or do you want to argue?
Mr N F SHIVAMBU: No, I just want to emphasise that the Chief Whip of the Majority Party is speaking about the Rules of this House. There are traditions. We do not have to agree on motions ...
The SPEAKER: Hon Shivambu, we are not having a debate about the Rules. Right now, you have not circulated your motion without notice ahead of time. You have not done that. So, hon Shivambu, take your seat. [Interjections.]
Mr N F SHIVAMBU: Hon Speaker, it is not compulsory to do so.
The SPEAKER: Hon Shivambu, take your seat because I am not debating. I am not allowing you to have a debate on this matter now. Yes, hon member?
Mr G A GARDEE: Speaker, the issue of ...
The SPEAKER: Hon member, sit down. Take a seat because you are not raising a motion without notice. [Interjections.] We are now moving on from the motions without notice because I am not seeing any other hand. Hon Deputy Chief Whip?
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY
The SPEAKER
DEATH OF TODDLER IN GANG-RELATED SHOOTING
(Draft Resolution)
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move without notice:
That the House—
- notes that three-year-old Luke Tibbett, who was struck by a bullet in a gang-related shooting in Westbury, Johannesburg, recently died;
- further notes that the toddler was in a critical condition and had been on life support for a week before he succumbed to his injuries on Friday, 8 August 2014; ...
MR G A GARDEE: Hon Speaker, on a point of order: The motion without notice has not been circulated. [Laughter.] There is nothing that has been circulated, so she can also sit down like all of us. Thank you.
The SPEAKER: Alrighht, you have made your point and you can take your seat, but as you will learn, hon member, there will be issues of society where somebody has died or somebody has been killed ...
Mr J A MNGXITAM: Speaker, on a point of order: You cannot ...
The SPEAKER: Hon member, when I am talking, you do not raise a point of order. [Interjections.] I am conducting the affairs of this House and you are not going to disrupt me. Just don’t do it. Come to terms with it. Accept it. That is how we conduct the business of this House.
Mr N F SHIVAMBU: Hon Speaker ...
The SPEAKER: Hon Shivambu ...
Mr N F SHIVAMBU: Yes.
The SPEAKER: ... allow me to finish what I am saying.
Mr N F SHIVAMBU: Oh, and then you will note me afterwards?
The SPEAKER: Take a seat.
Mr N F SHIVAMBU: Please note me after you have done speaking. [Interjections.]
The SPEAKER: Take a seat. Take a seat! [Interjections.] There are issues, hon member, that, in your own reasonable mind, there cannot be an argument about - people who have been killed, someone who has died or a child that has been killed by an adult. There cannot be an argument about that, about the fact that our humanity says there is no debate about it. We all agree that no one should kill a child. So, why are we going to make that issue a politicking point? Just finish what you were saying, hon Deputy Chief Whip.
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, we have got a problem here. The hon members of the EFF do not circulate their motions without notice. We are in the practice of circulating. We do not circulate to that hon member. We will circulate to the Chief Whip of the EFF. What he’s doing is tit for tat, purely because they could not read an uncirculated motion, when ours was circulated. So, that is why we think it is not a valid point to say that our motion was not circulated, when indeed it was circulated. It is about a three-year-old toddler, anyway! [Interjections.]
Mr N F SHIVAMBU: Hon Speaker ...
The SPEAKER: Hon Shivambu, please take your seat.
Mr N F SHIVAMBU: ... you are running these Rules on different Rules for different people.
The SPEAKER: Take your seat! Take your seat!
Mr N F SHIVAMBU: What the Chief Whip is saying - that those motions were circulated - is not true.
The SPEAKER: Take your seat. Hon Shivambu, take your seat!
Mr N F SHIVAMBU: There were no motions circulated. We never received any motion circulated.
The SPEAKER: Take your seat, hon Shivambu. You do not have the right to be on the floor. I want the Deputy Chief Whip here to finish reading her motion without notice on the three-year-old.
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Thank you, hon Speaker. [Interjections.] I move without notice:
That the House—
(1) notes that three-year-old Luke Tibbett, who was struck by a bullet in a gang-related shooting in Westbury, Johannesburg, recently, has died;
(2) further notes that the toddler was in a critical condition and had been on life support for a week before he succumbed to his injuries on Friday, 8 August 2014;
(3) recalls that the incident sparked widespread outrage across the country and has prompted calls for harsher penalties to be taken against those who commit crimes against children;
(4) acknowledges that two people have been charged in connection with the shooting; and
(5) conveys our condolences to the Tibbett family and calls for people to respect the family’s request for privacy.
Agreed to.
The SPEAKER: Hon members, I want to pass now so that we move to the first motion in the Order Paper. Where is the one more, hon Kalyan?
MS S V KALYAN
The SPEAKER
RETIREMENT OF UN HIGH COMMISSIONER FOR HUMAN RIGHTS, DR NAVANETHEM PILLAY
(Draft Resolution)
MS S V KALYAN: Madam Speaker, I hereby move on behalf of the DA:
That the House—
- notes that Dr Navanethem Pillay’s term as the United Nations High Commissioner for Human Rights has come to an end;
- further notes that Dr Pillay comes from very humble beginnings in Durban where she obtained her Bachelor of Arts Degree in 1963, followed by an LL.B in 1965;
- recalls that she went on to become the first South African to obtain a Doctorate in Law from the Harvard Law School;
- further recalls that Dr Pillay had a passion for working with and for anti-apartheid activists and helped to expose the poor conditions of political detainees, one of whom was former President Nelson Mandela;
- acknowledges that she was nominated as a High Court Judge by Nelson Mandela and later appointed as Judge of the International Criminal Court;
- further acknowledges that, as the founder of the nongovernmental organisation, Equality Now, she was an advocate for women’s rights and also worked tirelessly on issues relating to children, detainees and victims of torture and domestic violence;
- recognises that Dr Pillay was nominated by the UN Secretary-General, Ban Ki-moon, to the UN General Assembly on 24 July 2008, and that she used this platform to drive many human rights issues, including the gay rights resolution approved by the UN Human Rights Council, in 2011;
- wishes Dr Pillay well in her well-deserved retirement, she is a woman of great stature and her rise to fame has been nothing short of phenomenal; and
- trusts that she will enjoy many lazy days on the beaches of Durban, but hopes that she will avail herself of her incomparable experience to the world at large.
[Applause.]
Agreed to.
The CHIEF WHIP OF THE MAJORITY PARTY
Mrs S V KALYAN
BUSINESS OF SITTING ON 21 AUGUST LIMITED TO QUESTIONS TO PRESIDENT
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move the draft resolution printed in my name on the Order Paper, as follows:
That the House, notwithstanding Rule 29 which provides for the sequence of proceedings, limits the business for the sitting on 21 August 2014 to Questions to the President.
Agreed to.
The CHIEF WHIP OF THE MAJORITY PARTY
The CHIEF WHIP OF THE MAJORITY PARTY
ESTABLISHMENT OF AD HOC COMMITTEE TO CONSIDER RESPONSE TO NKANDLA REPORT BY PRESIDENT
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Speaker, I move the draft resolution printed in my name on the Order Paper, as follows:
That the House—
- notes that a report by the President of the Republic of South Africa to the Speaker regarding the security upgrades at the Nkandla private residence of the President was tabled on 14 August 2014, Announcements, Tablings and Committee Reports, 14 August 2014, p 1026; and
(2) establishes an ad hoc committee to -
(a) consider the report by the President;
(b) make recommendations where applicable;
(c) exercise those powers as set out in Rule 138 of the Rules of the National Assembly that are necessary to carry out its task;
(d) consist of 11 members as follows: ANC 6, DA 2, EFF 1 and other parties 2; and
(e) report to the House by no later than 24 October 2014.
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, I would like to move an amendment to the motion. May I do so?
The SPEAKER: Yes.
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, I move to amend the motion as follows: To insert after paragraph 2(b) the following new paragraphs to state:
(c) the Public Protector’s Report, Report No 25 of 2013-14;
(d) the report(s) of the Special Investigating Unit established in terms of Proclamation R59, 2013, and the submission of the President thereto;
(e) all other relevant information or submission in this regard.
I do so, Madam Speaker, because I do not believe it is possible for us to discuss the response of the President without having a sight in this Parliament of what he is responding to. So, this motion of amendment seeks to address that deficiency, so that the committee members will have those reports with them to go through them and then take the President’s response to those and do that assessment. I so move. [Applause.]
The SPEAKER: Hon Chief Whip of the Opposition, I would like you to submit your proposed amendments in writing.
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, the hon Steenhuisen is spoiling for a fight. [Interjections.]
The SPEAKER: Hon Chief Whip, may I first put the amendment? Then I can take your input.
Hon members, the amendment has been put before the House. I have the proposed amendment, in writing, and I believe it would assist the process now of considering this amendment to the motion if you and other members had a copy of the proposed amendment. Hon Chief Whip?
The CHIEF WHIP OF THE MAJORITY PARTY: Speaker, the reason I say that the hon Steenhuisen is spoiling for a fight is the following: Rule 138 specifically says that they will exercise all those powers necessary for them to do their work. The Rule covers all of this. So, what is the problem?
The SPEAKER: Alright. Hon members, I put the amendment to you.
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, on a point of order: I really do not appreciate being told that I am spoiling for a fight. I am trying to assist the procedural errors that have been made by the hon Chief Whip’s motion. I am actually trying to assist him. The bottom line is that we submitted a draft resolution as well ...
The SPEAKER: Let me just put your amendment to the House. Then we can open the floor for people to comment on the amendment.
There is an amendment, which is before the House now, proposed by the DA. I think that is what we need to focus on. Here is an amendment put to the House from the DA. May I hear the comments of the House on how we deal with the amendment? Hon Mulder?
Dr C P MULDER
The SPEAKER
Dr C P MULDER: Madam Speaker, may I address you on the amendment? What I would like to suggest is that this is a very important thing that finds itself before Parliament. We are all very aware of that. My concern is that we have not discussed this whole process in terms of establishing an ad hoc committee now since the President’s reply in any political structure, such as the Chief Whips’ Forum, or anything else. The motion on the Order Paper has come out of the blue. It was not discussed with other opposition parties. All I am suggesting is that I do not think that we should act overhastily and make a mistake. If the Chief Whip of the Majority Party suggests to the House that what the amendment proposes is explicitly included, that the committee will obviously have to look at all of those reports, then we can find a way forward. However, I am not sure that is the case because we have not had any political interaction between the parties.
The SPEAKER: Hon Mulder, we received the report of the President on Thursday. The Table staff contacted the Speaker immediately, and I gave them an instruction as to how to proceed with the matter. The matter was taken to the Announcements, Tablings, and Committee Reports, ATCs, which is the normal space where we put the issues that come to Parliament to everybody. We are now busy with the first subsequent sitting of the House. You are suggesting that there should have been political engagement somewhere. The letter and the report were addressed to the Speaker, not to any other forum. I have since brought the matter to the House immediately – as quickly as I could.
I do not know what you are talking about when you say that it should have been taken to some political forum, and so on. Here is the ATC, which is the channel through which we bring issues of this nature to the attention, not only of parliamentarians, but also of the public. So, it is the right of the House to consider the next step. I do not know what you say we should rather have done so that you should have discussed - what? The matter is addressed to me. I now bring it to the House. I am saying here is an amendment from the DA. I am saying the House should address itself to how we should proceed. We are providing here the opportunity for an ad hoc committee in Parliament to correctly address the matter where every party that is represented here will be able to make an input.
Dr C P MULDER: Madam Speaker, may I address you? I accept what you are saying. In terms of the Rules, if the House was in recess, then it would have been possible for the Speaker herself to appoint the ad hoc committee, but the Speaker did not do so, because the House is not in recess. In terms of the Rules, then, the House must take such a decision – and that is correct. That is why it is in front of the House today.
I think the concern basically deals with the mandate of the committee to be set up. All I am suggesting is that the fact that the amendment does not come from the ruling party does not mean that it is not an improvement on the motion. I think it would assist the ad hoc committee if that amendment be accepted because it would take the process forward in that sense. I would then ask that the amendment be supported because it would make it easier for all of us to do our jobs. Thank you.
Mr N F SHIVAMBU
Dr C P MULDER
Mr N F SHIVAMBU: Speaker, if what the Chief Whip of the Majority Party is saying is, indeed, correct, that Rule 138 encapsulates the fact that the ad hoc committee is going to discuss the report of the Public Protector and the Special Investigating Unit, SIU, report, I do not think there will be a problem with that. That is what the DA is basically requesting, asking that we discuss the reports because we cannot just discuss the response of the President to reports that we are not given a mandate to discuss in the ad hoc committee.
I think it is a simple issue that we have to deal with. If we have to discuss the response of the President, we should be able to discuss the reports that the President is responding to, plus the additional report that comes from the SIU. I don’t think there will be a problem with that.
The SPEAKER: Are you therefore arguing in support of the amendment? That is what I am asking.
Mr N F SHIVAMBU: I support the amendment, and if Rule 138 encapsulates the amendment, we can leave it like that – noting the fact that the ad hoc committee will discuss the two reports, as well, outside the response of the President.
The SPEAKER: That makes your position clear. Hon Steenhuisen?
The CHIEF WHIP OF THE OPPOSITION
The SPEAKER
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, in fairness to the governing party, I did receive a telephone call yesterday afternoon to say a motion would be moved. I then received a letter from the National Assembly Table because what we had done is submit a motion to be printed in the Order Paper as well, which was in time. I then received correspondence from the Table telling me that, in fact, the Chief Whip of the Majority Party had moved a motion that was similar in nature. I was quite comfortable with that, but when we see the motion, and it specifically excludes the Public Protector’s report and the SIU report, which the President is responding to, I become very uncomfortable.
Also, I just refer your attention, Madam Speaker, to Rule 214(4)(a), specifically, which says that when an ad hoc committee is established by this House, it must “specify the task assigned to the committee”. I would say to you that by excluding the Public Protector’s report and by excluding the SIU report to which the President’s response is a response to, we are not sufficiently specifying the task. We leave, then, an open-ended situation where we could end up with a result that this House never intended. So, I am asking, particularly, the Chief Whip to please accept these amendments in the spirit in which they are being made. They are being made to assist the process and to ensure that we close this chapter – and that we have answers on it – in our history and move forward with sufficient answers and not prolong this issue any further. I am making this appeal in the spirit of that. Thank you.
The SPEAKER: So, the Chief Whip of the Opposition is of the view that he is firmly putting an amendment to help the process. Hon Singh?
Mr N SINGH
The SPEAKER
Mr N SINGH: Hon Speaker, the amendment that has been proposed by the DA amplifies, in my view, the mandate of the committee and the documents that the committee needs to look at. If the hon Chief Whip of the Majority Party is saying to this House that Rule 138 provides for all those documents and any other relevant information to be placed before the committee, then we will accept it if that is what the Rule says.
However, I think we have got to hear from the Chief Whip of the Majority Party that, indeed, the documents that are being requested for us to do justice to this ad hoc committee will be made available for the committee to do its work.
Mrs C DUDLEY
Mr N SINGH
Mrs C DUDLEY: Speaker, the ACDP supports the amendment but is also open to hearing the explanation of the relevant Rule. Thank you.
The CHIEF WHIP OF THE MAJORITY PARTY
Mrs C DUDLEY
The CHIEF WHIP OF THE MAJORITY PARTY: Speaker, lawyers would advise the parties that an express mention of some exclusively removes the rest. They want us to enumerate and specifically point out how many reports should be tabled. Rule 138, if you read it here, opens the gate completely – wide open to everything and anything. [Interjections.] So, why would you want to amend the Rule? [Interjections.] If you want us to exclude other actions by the committee, then we can sit here and list the things that could be tabled there.
Rule 138 goes even further to say that they determine their own procedure. They will listen to other people coming to them. This is Rule is open. It is more open than the Chief Whip of ... you see, the problem here is that the DA went to the media and promised them that we intend killing our own ad hoc committee that we are moving. That is why they are opposed to our proposal. Our proposal is wide open, as the National Assembly Rules book says.
An HON MEMBER: Then accept the amendment!
The CHIEF WHIP OF THE MAJORITY PARTY: What is the problem? [Interjections.] We oppose the amendment.
The SPEAKER: Hon Shivambu? Then I am just going to have to put this matter to the vote. [Interjections.]
Mr N F SHIVAMBU
The SPEAKER
Mr N F SHIVAMBU: Speaker, this thing is very simple. I do not think we must stay on it for a very long time. I do not think the ANC is saying that the report of the Public Protector and the report of the SIU will not be discussed there. Now that there is assurance that it will be discussed, let’s proceed with the motion, as is. I do not think there is a problem. Part of the committee’s mandate would be to then deal with the reports of the Public Protector and SIU, as long as this House agrees that this is the interpretation of Rule 138. Thank you.
Mr A M SHAIK EMAM
Mr N F SHIVAMBU
Mr A M SHAIK EMAM: Hon Speaker, I think that motion is absolutely clear. [Interjections.] The ad hoc committee has a right call whoever they want and call for whatever necessary documentation in order to complete that investigation. So, any amendment is a futile exercise. On that basis, we will not support it. [Applause.] Thank you. [Interjections.]
The SPEAKER
Mr A M SHAIK EMAM
The SPEAKER: Your amendment is before us and I have allowed you before to further motivate, and we have no doubt that we are confused about what you are saying. We are now exercising a process to persuade members, and the House is debating. Some are saying, “We don’t agree”. Others are saying, “Go with the motion as it is,” because it does not oppose what you are saying. So, do allow us to exercise that right for other hon members to express their feelings, views and understanding of what is before us.
Do address me, but I am now going to limit your right to keep addressing me on the issue, which is here before us.
The CHIEF WHIP OF THE OPPOSITION
The SPEAKER
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, this is in response to what has arisen in the debate, and that is why I felt it was necessary for me to address you again, particularly around Rule 138. The amendments do not exclude any of the provisions of Rule 138. In fact, they are supplementary to those amendments. [Interjections.] Therefore, there is no harm to Rule 138 if those amendments are moved, but it does provide the committee with a direction that it needs in terms of the report that it must interrogate, against which to measure the President’s response.
What you do by not allowing the amendment to go through is that you leave the gates open for those reports to not be considered. [Interjections.] That, I believe, is far more damaging to the process than by allowing the amendments to proceed.
The SPEAKER
The CHIEF WHIP OF THE OPPOSITION
The SPEAKER: I think, hon members, the House is considering whether this motion, brought to the House by the Chief Whip of the Majority Party, is not a mechanism for Parliament to have some of its own to sit where you will be represented if you will not be there in person. What is your fear - that when you get there ... [Interjections.] Well, you will probably be outvoted here. So, let’s go ahead and let the ad hoc committee do its job. I really think we are not doing a service to the hon members that are going to be sent by various parties not to trust them to do their job properly. [Interjections.]
I don’t see how we can sit here, but when we look around we think there are some hon members here that we can’t trust ... [Interjections.] ... that will get there and not do their job. [Interjections.] Hon members, I really have to now ... If it seems that we can’t just agree that we go with the motion, I want to put the amendment for decision now.
Question put: That the amendment as moved by the Chief Whip of the Opposition be agreed to.
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, it is not the members of this House we don’t trust, it’s Luthuli House we don’t trust. [Interjections.] We therefore call for a division.
Division demanded.
The House divided.
The SPEAKER
The CHIEF WHIP OF THE OPPOSITION
The SPEAKER: Hon members, before ringing the bells, we did allow some exchange of views on the matter, so I would like us now to just go ahead to the voting. Order, hon members.
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, I would like to request to make a declaration, in terms of the Rules.
The SPEAKER: Alright.
The Speaker gave parties an opportunity to express themselves.
Declarations of vote:
The CHIEF WHIP OF THE OPPOSITION: Thank you very much, Madam Speaker, for the opportunity. I just want to say that it is a very disappointing day today in the House. No party in this House has a monopoly on good ideas. Where we can try and find each other in matters that are reasonable and rational, we should do so, because that is what the people of South Africa expect us to do in this Parliament.
I do want to say that, regarding Rule 138, I think we need to be very careful when we read the creation of these ad hoc committees. Rule 214(5) is particularly instructive in this matter. It says - and this is for the benefit of those who are relying on the assurance in terms of Rule 138 - that an ad hoc committee has those of the powers listed in Rule 138, only as are specified in the resolution or decision established in the committee.
So, what you are doing now by relying on Rule 138, colleagues and hon members, is that you are leaving the door open for these reports to simply be ignored. That is problematic. We should have included the reports that we wanted to look at. [Interjections.]
This whole matter has exercised the mind of South Africa for far too long. The people of South Africa need answers. It behoves this Parliament and us, as Members of Parliament, to give South Africans the answers they are looking for so that we can close this chapter and move forward and start dealing with some of the other issues that we need to grapple with. So, I would urge those members about to vote to think very carefully about simply giving a blank cheque, relying, in terms of Rule 138. [Interjections.]
The SPEAKER: Order, hon members! Allow the hon member to express himself.
The CHIEF WHIP OF THE OPPOSITION: Now, I think the solution for the matter would be - if you are not going to vote for my amendment - to refer this matter back to the Chief Whip’s Forum. We have a meeting tomorrow. [Interjections.] Let’s find each other as political parties in this House so that we can come back to the House tomorrow, where no one is going to oppose a motion being moved if we all find agreement. Let’s pass a resolution that is going to achieve the work we want it to achieve, rather than having this hodgepodge that we currently have which pleases nobody and is not fit for the purpose for which it is supposed to be designed. So, I make that appeal, Madam Speaker. [Applause.]
Mr N T GODI
The CHIEF WHIP OF THE OPPOSITION
Mr N T GODI: Madam Speaker, when the amendment was first raised, I was interested to find what the response of the Chief Whip of the Majority Party would be because I thought it was reasonable. However, after the explanation of the Chief Whip, I think it is superfluous to want to effect the amendment. It would be quite ridiculous to suspect that we would have an ad hoc committee that would merely look at the response of the President without dealing with what he is responding to. So, I think that, for me, there is no basis except that - like the Chief Whip said - the DA probably has an audience out there and it must be seen to have put up a fight for something that does not exist. [Applause.]
Mr N SINGH
MR N T GODI
Mr N SINGH: Hon Speaker, I had the privilege of serving on the previous ad hoc committee in the Fourth Parliament. As the IFP, we supported that this committee should disband a few days before the election and we promised that, during the Fifth Parliament, all of us would get back together and put together an ad hoc committee to consider all these reports. Now, while I concede that we have Rule 138, it is this House, I believe, that has the responsibility to give that committee a clear mandate on what they should be doing, what documents they should look at, and what they should not look at.
Referring to the Fourth Parliament, what happened is that some of these documents, like the Public Protector’s report, the report of the SIU, and other relevant documents did not surface before that committee, probably because of time constraints. However, we believe that it would enhance the process if this House makes it clear to the committee exactly what they need to look at and what documents they need to peruse, inter alia. There could be other documents where Rule 138 can come into play. I think it is desirable, however, that we request that these documents that have been requested be placed before the committee. This House has the responsibility to direct the committee to request these documents to be placed before it. Thank you.
Dr C P MULDER
Mr N SINGH
DR C P MULDER: Hon Speaker, a week ago, the DA tried to bring a motion to this House and the Chief Whip of the Majority Party objected because there had been no consultation. That is exactly what is happening today. There was no political consultation with regard to this motion and that is why we have got a difference of opinion.
In terms of Rule 138, if the chairperson of the ad hoc committee is going to interpret that in a strict manner and restrict the proceedings to what is in the resolution, then that chairperson can exclude those other two reports, which will be unfortunate. It will not only be unfortunate, but it will cause problems beyond Parliament, because it cannot be accepted that Parliament deals with that kind of approach without looking into those things. Unfortunately, we are now going to be in the hands of the ad hoc committee to decide if they are going to interpret Rule 138 strictly. We may end up with court applications, once again, which could have been avoided had we had some political consultation.
Mr N F SHIVAMBU
Dr C P MULDER
Mr N F SHIVAMBU: Hon Speaker, we as the EFF, are giving the ruling party the benefit of the doubt that the commitment they are making that the Public Protector’s report and the SIU report will be discussed in the ad hoc committee is going to be a reality. If that is the basis of establishing the ad hoc committee, then we agree with the resolution, as proposed. If those reports of the Public Protector and the SIU are not discussed and only the response is discussed, then we are not going to participate in such a process. Thank you very much. [Interjections.]
The CHIEF WHIP OF THE MAJORITY PARTY
Mr N F SHIVAMBU
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I did say that I am disappointed in hon Steenhuisen. [Interjections.] In fact, I am disappointed in the DA, because the DA had always expected that we would oppose the ad hoc committee. Now that we are moving it, they are suspicious that we may want to kill it. [Interjections.] We are giving them a blank cheque.
We are saying that everything that will enable that committee to do and conduct its business is available. They do not want that. They say that we must list it one by one. Alright, alright. Let us list to you other documents that you may not want to discuss, which will be part of the ad hoc committee: the Public Protector’s report; the interministerial committee report; the Joint Standing Committee on Intelligence report; the SIU report; and the President’s response to those reports. [Interjections.] [Applause.]
Now, the hon Steenhuisen excluded some other reports. [Interjections.] That is why I said the lawyers would advise you that when you expressly enumerate items, those that you have not listed are excluded. In our case, we are not excluding anything. [Interjections.] [Applause.]
The SPEAKER: Hon members, we have now heard the declarations, including those of the ruling party. I would like to bring us to where we have driven this debate and that is to actually record our positions through voting. [Interjections.]
Division demanded.
The House divided.
[TAKE IN FROM MINUTES.]
Question not agreed to.
Amendment accordingly negatived.
Question put: That the motion moved by the Chief Whip of the Majority Party be agreed to.
The CHIEF WHIP OF THE OPPOSITION: Madam Speaker, in the last intervention made by the Chief Whip, he amended his resolution by adding and listing all those particular organisations. [Interjections.] Has that amendment been recorded in the Hansard, so that we can hold him to that; and does that now form part of this resolution?
The SPEAKER: The Chief Whip did not propose an amendment to the motion. He simply elaborated on what he has been trying to do, to make you relax and accept his assurances about allowing the ad hoc committee to sit and apply its mind and agree on what it wants to deal with. We have dealt with that issue, hon member, and we are now proceeding to go back to the original motion. I now want to put the question again.
Question agreed to.
Motion agreed to.
The SPEAKER
The SPEAKER
MOTION OF CONDOLENCE
(The Late Dr M G Oriani-Ambrosini)
THE SPEAKER: Hon members, as we come to this motion on the Order Paper, I want to take this opportunity to say I think it is important that, as members of this House, we pause to appreciate how a moment like this, when we lose one of us, sad as it is, tends to bind us together as a collective in the true spirit of ubuntu. It is important that, as a nation, we do not let such moments pass fleetingly, without reflecting on them. Indeed, we must appreciate their significance, especially within the context of nation-building.
Dr Oriani-Ambrosini came from a family; he came from a community; he came from a political party. He was a brave man, and that is what will live on in this House when we remember his contribution, in particular, the one we have been seeing in images on television. I just wanted to say those few words, as I recognise the hon Singh from the IFP.
MR N SINGH: Hon Speaker, colleagues, thank you very much, and thank you for those sentiments that you expressed.
I move without notice:
That the House—
(1) notes with great sadness the passing away of IFP Member of Parliament, Dr Mario Gaspare Oriani-Ambrosini, after his long and courageous battle with terminal lung cancer, on 16 August 2014, at the age of 53;
(2) further notes that Dr Oriani-Ambrosini was born in Rome, Italy, and was recruited by Prince Mangosuthu Buthelezi to the IFP after they had met at a United Nations Security Council meeting in 1991;
(3) remembers that Dr Oriani-Ambrosini served as Special Adviser to the Minister of Home Affairs under the political leadership of Prince Buthelezi and, subsequently, as an IFP Member of Parliament, since 2009;
(4) further remembers that Dr Oriani-Ambrosini was an ardent advocate and defender of human rights and democracy, both within our borders and internationally;
(5) acknowledges Dr Oriani-Ambrosini’s immense contribution to the establishment of our constitutional dispensation, and his unwavering and tireless ability to challenge conventional thought, dogma and imposed limitations;
(6) further acknowledges that whilst terminally ill, Dr Oriani-Ambrosini still had the tenacity of spirit to draft and introduce the Medical Innovation Bill in the hope of offering alternative relief to the many thousands of terminally ill South Africans who have been given no hope by established medicine; and
(7) conveys its heartfelt condolences to his widow, Carin, who is here in the House; his son, Luke, who is also in the House; his mother and family; friends, constituency, and the community, at large.
Prince M G BUTHELEZI
Mr N SINGH
Prince M G BUTHELEZI: Hon Deputy Speaker, hon Ministers, hon Deputy Ministers, hon members, and the Ambrosini family in the gallery, thank you for the many kind words that have been spoken to me, to my party and to the family of the hon Mario Oriani-Ambrosini since his passing on Saturday. We have been flooded with tributes to a man who clearly made a deep impression on many lives. From citizens who appreciated his fight on their behalf against the Secrecy Bill to His Holiness the Dalai Lama on behalf of the Tibetan people; from service officers in Parliament to ambassadors, journalists, students and lovers of freedom everywhere, tributes and words of thanks have abounded for the good doctor.
We, in the IFP, feel this loss deeply. Dr Oriani-Ambrosini was a national treasure, but one firmly rooted, of course, in his party, the IFP. His loyalty to me and to the party never wavered. This was his home. We were family. Today, I weep for the loss of a son.
When the history of the Fourth Parliament is written, it will no doubt be said that the Fourth Parliament of South Africa was an Ambrosini Parliament. It was characterised, and often even shaped, by his actions. At the first sitting of the Fourth Parliament, the hon Dr Oriani-Ambrosini rose for the first time in this House - but not to deliver a maiden speech or a member’s statement. He rose on a massive point of order, which he had given to the Speaker in advance, challenging the validity of the Rules of Parliament.
That set the scene for a three-year court battle, pitting the principled conviction of one man against the established authority of the hon Speaker of the National Assembly, the son of our icon, Mr Walter Sisulu, no less. The hon Dr Oriani-Ambrosini acted for no financial gain, and certainly at the risk of tremendous financial loss – but he acted on principle; and, when it came to principle, Dr Oriani-Ambrosini was like a pit bull.
Many feared failure and advised him to surrender – even in the IFP – but he saw it through, all the way to the Constitutional Court, and won. For every member sitting in this House today, and for every member who will sit in these seats in the future, he won the right to introduce legislation in the National Assembly. He kicked open a door for all of us to do our jobs better, and indeed, to do our jobs.
The last sitting of the Fourth Parliament was dedicated to a debate on cancer treatment, which the hon Dr Oriani-Ambrosini had called, and led. He was already months into his own journey of fighting terminal lung cancer, diagnosed out of the blue in April 2013. This, he said, was not a fight he chose; it chose him. True to character, however, he drew his own battle lines and took on this disease not only for his own survival, but with the goal of destroying the grip of cancer entirely, for everyone.
He studied and researched, engaging the best minds, and didn’t shy away from using his own body for experimental treatment wherever he felt there was plausible science to support hope. What he sought was an alternative treatment to the mainstream, for he realised that the current scientific paradigm around cancer had been proven wrong, by its failure to save millions of lives.
The question, then, can be asked: Did he succeed? He extended his life far beyond the prediction of doctors. He maintained quality of life when he should already have been dead. He maintained clarity of mind right up to the end. He was able to make his own decisions, consciously and fully cognisant of all the consequences. He was able to spend quality time with friends and loved ones. His memory remained exceptional, and his thoughts and emotions remained at his own command. Countless families have watched their loved ones suffer the ravages of conventional cancer treatment, unable to communicate or share quality time in the last days and weeks. I believe that they might rightly say, yes, he succeeded.
He also succeeded in showing us the way to another door that needs to be kicked open, and he provided the method to do it. Through his Medical Innovation Bill, he showed us how to help all these families and all the families who will endure this tragedy in the years to come, by empowering them to choose their own treatment and empowering the best medical and scientific minds to research and try alternatives.
His death was not a failure. He waged the most courageous battle anyone could have waged and he displayed bravery beyond measure. He was a courageous man, indeed. Very courageous. I am reminded of one of his kinsman, Garibaldi, who had the heart of a lion, but the brains of an ox. Dr Oriani-Ambrosini, however, had the heart of a lion and the brains of a genius.
Over the past three days, out of respect for Dr Oriani-Ambrosini’s family, I made no statement about the circumstances of his passing. Because of my close friendship with Dr Oriani-Ambrosini, the family informed me on Saturday morning of the circumstances. However, this was not a party matter. It was for the family to determine their own timing. Dr Oriani-Ambrosini’s wife, Carin, who is present with us in this House today, has now agreed that I speak openly as his life-long friend and leader. Hon Deputy Speaker, hon Ministers, hon Deputy Ministers, hon members and the Ambrosini family, it is with deep pain that I make this statement.
In a characteristically clearly-considered and enunciated decision, on Saturday morning, 16 August 2014, Mario Gaspare Oriani-Ambrosini decided to end his long and hard-fought battle with cancer and the unbearable pain and suffering he had had to endure towards the end. There was no further hope of cure, remission or improvement. He had tried every alternative, including conventional treatments, and was faced with the imminent failure of his body. In many respects, it had already failed, including his lungs, his mobility and his eyesight. He was not able to eat and was dependent on an oxygen machine.
Many times over the past few weeks, Dr Oriani-Ambrosini told his closest friends that his greatest source of suffering was not the disease, but the knowledge that his family was facing a harrowing journey to his inevitable death. Knowing him as well I did, I believe that his decision was made out of compassion for his family, his son, his wife, his mother, his sisters and brothers.
In his last moments, Dr Ambrosini sent a message to a few of his closest friends, describing his physical condition and saying farewell. He wrote:
I am dying in peace and serenity, surrounded by the love of my family and friends. I am dying at a time when I feel ready. I feel in the grace of God and part of His passion and, in that sense, relieved and saved. My last thoughts are with my child and I hope you may give him some of the love and guidance I would like him to receive. Thank you for your friendship and love, which I feel with me at this time.
For a few days to come, Dr Oriani-Ambrosini’s death will be spoken about and the tragedy of the circumstances may overshadow thoughts about his life. However, I know that, with time, this sad ending will hardly be remembered, for it will be outweighed beyond measure by the memory of his remarkable life.
The Fourth Parliament began and ended with bold moves by the hon Dr Mario Oriani-Ambrosini, and the chapters in between were filled with dramatic and important initiatives. I wish to express our appreciation for the fact that Adv Robin Stransham-Ford, who walked this long, painful journey with him, is with us as we pay this tribute to his friend, companion and fellow sufferer.
Let us honour him for founding the Parliamentary Institute of South Africa, with Dr Zola Skweyiya, his Excellency our former Ambassador; the hon Deputy Minister, Inkosi Patekile Holomisa; the honourable Prof Kader Asmal, our former Minister; the hon Dr Wilmot James; and other outstanding leaders.
Let us remember that he was the main engine behind the recurring actions to vindicate opposition to the wrongful denial of a visa to His Holiness the Dalai Lama. This brought to Parliament many members’ statements and the torch of freedom. He was the kingpin of the co-operation amongst opposition parties that led to the Collective for Democracy. He worked relentlessly to make it a reality, from the design of the logo to the organisation of parliamentary rallies.
He became the champion of the struggle for freedom of the press and a warrior against the Secrecy Bill. He brought to South Africa the first filibuster, which stopped the passing of the Bill for five months, enabling civil society to reconstitute its action and refocus its pressures. He created the political space which enabled Black Tuesday to occur.
He singlehandedly conducted many battles through the ideology of libertarianism. As a matter of principle, he opposed the provocation of forcing the labelling of goods coming out of the occupied territories in Israel.
He was voted Parliamentarian of the Year in 2013 by the Sunday Times – only followed by the hon Mr Maynier of the DA – and the Best Dressed Parliamentarian by GQ magazine. Among his many accolades, however, the one he held dearest was his appointment by the Speaker to the Wine Cellar Committee, which, as he used to say, was the only position in Parliament which required dedicated skills and knowledge. [Laughter.]
All this was just at the tail end of his life.
He will be remembered as one of the key negotiators in our transformation from apartheid to democracy. I admired his skill in negotiations and I want to honour him for what he achieved, by remembering just one part of it. Dr Oriani-Ambrosini’s guidance and mastery of constitutional law enabled the IFP to secure provinces for South Africa. He conducted a complex negotiating game, which we won.
In September 1993, the interim Constitution was finalised without the inclusion of provinces, but provision was made for a commission for rationalisation within the Constitutional Assembly, which would have decided within two years whether we should have provinces, states or regions. We forced provinces to exist in the interim period, which the ANC – the ruling party, today – agreed to because the rationalisation process was centralising all powers within the same timeframe of two years. Therefore, the list of powers given to provinces seemed meaningless, as they were mere promises, which the Constitutional Assembly could have taken away.
Dr Oriani-Ambrosini negotiated the list of powers with the honourable Mr Valli Moosa, whose mathematical mind identified that there was no problem in giving as much as Dr Oriani-Ambrosini wanted, because it was all going to the central government in the interim and could have been taken away by the Constitutional Assembly. In the next stage of negotiation, we forced the adoption of the all-important constitutional principle that the power of provinces could not be diminished.
By the same token, together with Prof Willem Olivier, Dr Oriani-Ambrosini drafted the Ingonyama Trust Act. This took the bits and pieces of traditional land in KwaZulu that remained under the King and amakhosi after our dispossession by the colonialists out of the process of rationalisation - which would have led to it becoming state land - and placed it under a regionally based trust under the control of the King and his amakhosi. We honour the government for allowing a judge of the High Court, Mr Jerome Ngwenya, to chair and assist the King. This, colleagues, was my last act as we wound up the KwaZulu Legislature.
Later, as Adviser to the Minister of Home Affairs, Dr Oriani-Ambrosini did the work of two people. With Prof Kobus van Rooyen, he redrafted the films and publications control law to eliminate censorship – a censorship which is now being reintroduced. He was the grand architect of the reform of the immigration system, in terms of providing South Africa with the skills our country needed.
This was a life too vast to capture in so short a time. Let me therefore leave his many achievements aside for now, and speak about the character of this great adopted son of South Africa.
We all know of his brilliant mind, his intellect and talent, both as a constitutional lawyer and as a Member of Parliament. Many of us know that Dr Oriani-Ambrosini was a complex man, given both to fiery displays of anger and overwhelming acts of magnanimity. Those of us who were privileged to know him well know that he was both gentle and fierce, compelling and kind. He had a wonderful sense of humour. He was deeply loyal, and cared profoundly for his friends, always seeking their best interests. He was an old-style gentleman, noble and brave. I wish we had more in this House.
I count it the greatest privilege of my life to have had Dr Mario Oriani-Ambrosini at my side, as my friend and adviser. I therefore ask only what he asked himself – that in the years to come, those of us who were blessed with his friendship will find ways to bless his son, Luke, who is with us in this House. Let us tell Luke what a wonderful man his father was; what a great man his father was. Luke, your father was South Africa’s greatest adopted son.
On behalf of my party and my family, I extend condolences to the family of Dr Mario Oriani-Ambrosini, who are here in the House. I thank them for all that they did for our warrior and friend. May they now take comfort from the words of St Paul, in the letter he wrote to the Thessalonians, in Thessalonians 1 5:9-11:
For God did not appoint us to wrath, but to obtain salvation through our Lord Jesus Christ, who died for us, that whether we wake or sleep, we should live together with Him.
Thank you. [Applause.]
Dr W G JAMES
Prince M G BUTHELEZI
Dr W G JAMES: Deputy Speaker, hon members, members of the Oriani-Ambrosini family, and friends of Mario, my family visited Mario Oriani-Ambrosini’s distinguished mother and brother, Carlo, on 14 July, a month ago, in Rome. His mom, bereft at the thought of her ailing son thousands of miles away and, as any parent would at the tragic prospect of reversing nature’s way - of having to bury a child - wept in her welcome embrace of people she did not know, but who had most recently been with her beloved son.
First meetings with people are always a journey of discovery, and what a journey this was! This is a story about a family consisting of a long line of jurists. Mario’s father, Raffaele Oriani, who died at the young age of 39, was a Columbia University-trained constitutional law professor and an international lawyer who lived through the bludgeoning years of Benito Mussolini’s Fascism, forever hostile to the excesses of a brand of nationalism built on the feelings of insecurity and humiliation.
Mario was raised by his adoptive granduncle, Gaspare Ambrosini, a member of the political community that contributed to the unification of Italy, divided and fractured then by more ethnic, cultural and political mores and habits than we have in South Africa today. This is why he, Mario, understood better than anyone else the fragile relationship between democratic republicanism – in the French sense of the term – nostalgic monarchism, and the unspoken but real force of ethnicity that we are trying to mould in this country in the direction of nationhood – and to do so in times of peace.
Not that he ever wished it upon us, Mario always reminded me of the historical fact imprinted on him by his granduncle, Antonio Ambrosini, another international lawyer, who is credited with being the architect of the Warsaw Convention, that the strongest sense of nationhood is often invoked by an act of outside aggression, as Britain, the Soviet Union and other countries experienced during the Second World War.
It is in the tradition started by his distinguished family that Mario Oriani-Ambrosini engaged in constitutional negotiation, lobbying, and public interest litigation in Nicaragua, the Russian Federation, Canada, Fiji, Uganda, Romania, Poland, Italy, Macedonia, Cuba, Tibet, the Seychelles, Zaire and Namibia, where he acted in the last instance across the border as the legal adviser to the Rehoboth Basters. The hon Prince Buthelezi has spoken about the time he worked for him.
In Parliament together from 2009, what did I learn about the issues Mario Oriani-Ambrosini cared about? He cared passionately about liberty as freedom, in the sense that John Locke and John Stuart Mill had it, when they said:
Individual freedom is a basic given, and anyone who would limit individual freedom in any way is under an obligation to make an ironclad case for doing so.
The hon members who served with me on the Portfolio Committee on Trade and Industry in the Fourth Parliament discovered what the application of this concept meant for one of the oldest human activities, which is trade. Mario gave the chairperson of the committee, the hon Joan Fubbs, a run for her money, challenging her often on procedural grounds, compelling her always to justify and defend the very idea of having an intrusive, over-reaching, dolorous, interfering government.
Now, the hon Fubbs certainly stood her ground in her wonderfully eccentric way. This brought a welcome dynamic to a very good committee – I must tell you that I miss serving on – and to what, otherwise, is a rather dull and uninspiring subject – and I see the Minister’s not here, when I say the dull and uninspiring subject – that of trade.
In the face of the so-called Secrecy Bill, Mario reached into his libertarianism and his libertarian soul to bring forth some powerful flourishes and inspiring moments in our history. Libertarianism, of course, is a much more vigorous form of advocacy in favour of extensive constitutional restraints on the abuse of state power against citizens.
I am unsure whether the hon members of this House, at the time, recognised the fact that those who supported the so-called Secrecy Bill became the conservatives and reactionaries they always said they disliked, when, fearing the possible disorder they mistakenly believed a genuine libertarian dispensation would create, cannot resist the temptation to regulate, even on issues that intrude on personal privacy.
Mario cared viscerally about justice. To get a feel for his attitude, I can do no better than to paraphrase and quote from Amartya Sen’s The Idea of Justice, where one could liken Mario’s reactions to injustice to that of Charles Dickens’ Pip. Sen quotes Dickens, where he wrote:
In the little world in which children have their existence, there is nothing so finely perceived and finely felt, as injustice.
He goes on to say:
The strong perception of manifest injustice applies to adult human beings as well. What moves us, reasonably enough, is not the realisation that the world falls short of being completely just – which few of us expect – but that there are clearly remediable injustices around which we want to eliminate.
Mario cared about unemployment and poverty. He believed that finding an answer to joblessness required both economic growth and national restraint. He once said to me that all of us, but particularly in the world of the economy, the CEOs and the managers, as well as the workers, must sign on to a national programme of material restraint, and that all South Africans should take the bitter medicine of living within our means. I tried to persuade Mario, who was libertarian by inclination, that such a programme, following John Rawls but going against his inclinations, must benefit the least advantaged in our society the most and it must, disproportionately, require the most advantaged to take a much bigger dose of the bitter medicine of restraint that he proposed.
Having sat through the tedious and grim lamentations of Götterdämmerung, I never understood Mario’s adoration of the work of the composer, Richard Wagner. Because music appreciation is always personal, more than likely, I could not appreciate, as Mario must have, Wagner’s tendencies towards the extreme. Paul Griffiths wrote in the Penguin Companion to Classical Music:
His operas have been seen and discussed as uniquely profound studies of human psychology and existence, treating the central themes of love, salvation and society..
Today I recognise Mario’s admiration of Wagner in Griffiths’ analysis, which is:
Wagner’s preoccupation with redemption stories, of which all his mature operas and music dramas are examples, echoed both the musical language of his time – with its possibilities of highly elaborated and circuitous harmonic routes reaching towards the final concord – and his age’s concerns with how social justice and personal completion could be achieved outside the promises of religion, and Catholicism, in particular.
Like Wagner, Mario’s perfect society was an idealised Renaissance, led by an artist. Like Wagner, Mario was both a Utopian and a pessimist by inclination.
Mario’s legacies to Parliament are many. Because of him, Private Members’ Bills stand a much better chance of becoming law. We have the opportunity of working his Medical Innovation Bill through the strict demands of the parliamentary process.
Mario was the driving force behind the Parliamentary Institute of South Africa – with the appropriate acronym, Pisa – an effort at creating a nonpartisan space for debate on critical national issues. We should endeavour to build Pisa to greater heights.
I last saw Mario a week ago. He was very ill. He said he was tired and he wanted to go to sleep. So, colleagues, on behalf of the DA, I send our deepest sympathy to his wife, Carin; his son, Luke; his mom, brother, sister and the family; to the IFP and the hon Buthelezi; and to all of Mario’s friends and colleagues, here and elsewhere.
Finally, our sincerest thanks go to all who cared for Mario when he was very ill indeed. Thank you. [Applause.]
Mr D L TWALA
Dr W G JAMES
Mr D L TWALA: Hon Deputy Speaker, hon members, death is a journey none of us is spared. John Donne writes in his sonnet, Death, Be Not Proud:
Death, be not proud, though some have called thee
Mighty and dreadful, for though art not so ...
The hon Oriani-Ambrosini will be remembered as an outstanding member of this House for the contributions he made in crafting the laws upon which our people base their hopes. Despite his ill health, he remained steadfast in his convictions, a human rights activist of note, agitating for the decriminalisation of cannabis for medical use. Our country is all the poorer for his passing, but we hope to continue his work to inspire the youth of our country and instil in them the kind of constitutional activism which characterised Dr Oriani-Ambrosini’s life.
As an adviser to the IFP leader, Prince Mangosuthu Buthelezi, his contribution to our country’s transition cannot be overemphasised. Although we did not always agree with his political views, we held him in high regard for his constitutional expertise and remarkable experience on governance.
The EFF extends its deepest condolences, firstly, to the leader of the IFP, Prince Mangosuthu Buthelezi, and to members of his family and the Ambrosini family, at large.
IsiZulu:
Sithi lalani ngoxolo; akwehlanga lungehlanga.
English:
I return to John Donne’s sonnet, which ends:
One short sleep past, we wake eternally
And death shall be no more; Death, thou shalt die.
Thank you. [Applause.]
Mr N M KHUBISA
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Mr D L TWALA
Mr N M KHUBISA: Hon Deputy Speaker, hon members, the passing on of Dr Mario Oriani-Ambrosini leaves behind a void in the political space of our country.
The NFP wishes to convey its condolences to his wife, to his son, Luke, and to the Prince of KwaPhindangene and the IFP. It is such a loss to our country. However, as South Africans, we find solace in the knowledge that Dr Oriani-Ambrosini was really one of our own – a fearless, courageous and determined freedom fighter, a human rights activist, a constitutional law and international law expert.
It is abundantly clear that Dr Oriani-Ambrosini was a selfless political activist and a visionary. He fought lung cancer with courage, to the extent that he piloted a Private Member’s Bill, the Medical Innovation Bill. He implored government to investigate the possibility of decriminalising marijuana so that it could be used to cure cancer and other critical ailments.
Dr Oriani-Ambrosini was a creative, independent thinker, who was ready to speak his mind without fear or favour. At this point, I remember several occasions when I had an assignment to do with him. I learnt from him that you do not sleep if you have not completed your assignment.
Dr Oriani-Ambrosini was ready to share information with anyone he associated with. I remember when I was in the KwaZulu-Natal Legislature, I would call him for advice and he would, in a few minutes, send a written copy of the advice I needed. That is the Dr Oriani-Ambrosini I know.
He contributed immensely to nation-building on a number of topical and critical matters. In Dr Oriani-Ambrosini, we learnt that you stand for what is right.
On behalf of the honourable V Z KaMagwaza-Msibi, the president of NFP, the national executive council, NEC, national working committee, NWC, and all structures of the NFP, I convey condolences to all those who felt the impact of the life of this distinguished and astute jurist, intellectual, and powerful debater. Thank you, hon Deputy Speaker. [Applause.]
Ms C N MAJEKE
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Mr N M KHUBISA
Ms C N MAJEKE: Hon Deputy Speaker, hon Ministers, hon Deputy Ministers, hon members, the UDM expresses its shock at the passing of the late Dr Oriani-Ambrosini. We would like to pass on our deepest condolences to his family, the leader of the IFP, Prince Buthelezi, the IFP, friends and comrades.
Leaders are born, live and die. Dr Oriani-Ambrosini was one of the extraordinary leaders who had passion, constructive criticism and vision. He was a diligent, eloquent and focused person, to a level where his articulations in this House were not based on personalities and political allegiances, but premised on the practical, socioeconomic conditions confronting, in particular, the poor people of South Africa. He was for a just society and he represented his ideas without fear. He may have died, but his contributions ever since he became a member in 2009 will never be forgotten.
We, as the UDM and the people of this country, will miss that bold, fast, persuasive voice – a voice that, when he spoke, no one else could. This country has, indeed, lost a leader. Our souls are deeply saddened by his sudden death.
To his family, know you are not alone in this deeply sad moment. The UDM cries with you, and we know that the people of this country are crying, too. No one can take over the pain you feel, but our Creator, because He is the One who gives and the One who takes away.
To our hon members, supporters, comrades and friends, the country has lost an extraordinary leader. It is our responsibility to take up the baton and carry on where Dr Oriani-Ambrosini left off. He has left a huge gap in the South African political landscape, which we are challenged to fill up.
Mrs Oriani-Ambrosini, Carin; and Luke, his son; please know that you are with us in our thoughts and prayers during this difficult moment. May the peace of the almighty and gracious God be with you. This, too, will pass.
To the leader of the IFP, the hon Shenge, please find space in your heart to be strong, and let him rest.
IsiXhosa:
Akuhlanga lungehlanga.
English:
To the National Assembly, the IFP, and his constituency at large, you have lost, we have lost, and the country has lost. Death, be not proud. May his soul rest in eternal peace. I thank you. [Applause.]
Adv A DE W ALBERTS
Ms C N MAJEKE
Afrikaans:
Adv A DE W ALBERTS: Agb Adjunkspeaker, hierdie toespraak is vir my besonder moeilik, nie net alleen omdat die agb Mario Oriani-Ambrosini ’n briljante parlementslid en regspraktisyn was nie, maar omdat Mario ’n baie goeie vriend van my geword het. Daarom noem ek hom sommer Mario.
Van die oomblik wat ek en hy mekaar in 2009 leer ken het, het ons besef dat ons lewensuitkyk en sin van reg en verkeerd baie dieselfde is. Omdat ons albei van die kreatiewe spel van politieke skaak hou, het ons spoedig - soos stout kinders op skool doen — ’n bende gevorm, en beplan hoe ons die skoolhoof en die stelsel kan uitdaag. In dié geval is die skoolstelsel natuurlik die uitvoerende gesag en die President homself. Dit het lekker geraak, want ons het, onder andere, saam sukses behaal om die Wet op die Beskerming van Staatsinligting se aanname te vertraag; en die aanskakel van Gauteng se e-tolstelsel in Desember 2012 te vertraag tot Desember 2013. Ons het derhalwe talle ander planne geformuleer.
English:
Then, out of the blue, the hon Oriani-Ambrosini fell ill. It made no sense to me, and it reinforced the notion that many of the truly good people of this earth are taken away prematurely before their true, great impact can be felt. It is almost as if something is working against goodness. I have to be honest that, in my prayers, I struggle with God on this feature of life, but I also take comfort, knowing that God has a greater vision which we do not always understand. If we are privileged, we get a glimpse of that plan, just as Moses did when he peered into the Promised Land.
The hon Oriani-Ambrosini was a good man, and he reinforced in me the notion that, while Milton taught us that paradise was lost, we can fight back and regain lost ground. The hon Oriani-Ambrosini was indeed a fighter, as many in this House will know.
Afrikaans:
As Italianer, het die agb Oriani-Ambrosini dieselfde vuur in hom gehad as ’n ander Italiaans-gebore leier, naamlik Napoleon Bonaparte. Baie mense besef nie dat Napoleon eintlik van Korsika in Italië afkomstig was nie. Tog, anders as Napoleon, het Mario nie die begeerte gehad om ’n ryk te bou nie, maar om vir menseregte te veg. Sy vurige stryd om die regering verantwoordbaar te hou se oorsprong het gelê in sy sin van geregtigheid, demokrasie in die breë, en om minderhede te beskerm.
English:
The hon Oriani-Ambrosini was also a true Renaissance man. Coming from Italy, the country where the Enlightenment was ignited, it could not be otherwise that he fought to see that spirit of freedom of thought, creativity, democracy and liberation from the shackles of poverty also be realised in South Africa. Mario left us before his time. He could have done so much more.
Afrikaans:
Nou hang dit van ons af om sy werk klaar te maak. Totsiens, my vriend. Ek gaan jou mis. [Applous.]
Ms D CARTER
|
Adv A DE W ALBERTS
Ms D CARTER: Deputy Speaker, Cope would like to convey their heartfelt condolences to the hon Oriani-Ambrosini’s wife, son, family, friends and the IFP. In life, in ill health and in death, our dear colleague, the hon Oriani-Ambrosini leaves us with a legacy.
In life, he showed us how an immigrant of European extraction could become a naturalised and committed South African and play a meaningful role in the birth of our new nation and the defining of its character.
In illness, he championed the Medical Innovation Bill to make provision for innovation in medical treatment and to legalise the use of cannabinoids for medical purposes and beneficial commercial industrial uses.
In his death, the hon Oriani-Ambrosini poses to this very House, amongst others, yet further questions that relate to what the right of the terminally ill to terminate their suffering, should be.
In life, in ill health and in death, our dear colleague, Mario, has left us with a legacy – the legacy of a true servant of the people. It is up to this House to give effect to this legacy, be it in protecting the tenets and the values of our Constitution; be it in perusing and exercising the right of members to submit Private Members’ Bills; be it in perusing the Medical Innovation Bill and ensuring its enactment; or be it in perusing and ensuring the right of the terminally ill to terminate their suffering and to die – and I paraphrase the words attributed to the hon Mario Oriani-Ambrosini: In peace and serenity, surrounded by the love of family and friends, I am dying at a time when I feel ready.
This House has work to do to fulfil our colleague’s legacy. Once again, he was a true servant of the people. Rest in peace, our dear friend. I thank you. [Applause.]
Mrs C DUDLEY
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Ms D CARTER
Mrs C DUDLEY: Deputy Speaker, the ACDP leader, Rev Meshoe, my colleague, Steve Swart, and I would like to express heartfelt condolences to the family and friends of the hon Mario Oriani-Ambrosini, and our sincere condolences to the hon Buthelezi and members of the IFP. We are truly sorry for your loss.
We get to say goodbye to so many colleagues in this business and it seems like just the other day that I was returning to my seat after a motion of condolence when a full-of-life and seemingly healthy Mario Oriani-Ambrosini grabbed my arm and said: “When I die, I want you to give the condolence motion.” I laughed at this ridiculous thought, while accepting it as a compliment.
Mario and I first crossed paths in about 1996, when the KwaZulu-Natal Legislature was drafting a provincial constitution. As we all know, all things constitutional were Mario’s great passion. When this legal expert and, according to my research at the time, one of the drafters of a one-world, or world parliamentary constitution — something which made him highly suspect in my circles at the time - took the time to challenge input that I had made at a hearing, I was intrigued. That conversation did get me thinking about studying law. A year or so later, at the age of 42, I became a full-time law student for the first time in my life, and was in my third year of study for an LL.B degree when I took office in Parliament in 1999.
Mario’s passion never disappointed, even if his accent often left many wondering what he had just said. The Collective for Democracy was another, more recent passion of Mario’s - a concept I challenged long and hard before deciding that for me, multiparty democracy could be strengthened through these efforts.
During the Fourth Parliament, Mario would often start conversations about whether or not there was life after Parliament, and what that might look like. On one occasion, the conversation started with: So, what do you want to be when you grow up? I never did take our banter too seriously, being a politician, myself, and Mario being a smooth-talking, confident, legally trained and politically minded, Italian male and – I mean every word as a compliment! Now, however, I am sorry –sorry for the times I made light of these topics, and sorry I brushed aside your attempts, Mario, to share your way-too-intellectual Bible knowledge with me.
Mario’s adoptive father, I am told, was a leader of the Democrazia Cristiana, or Christian Democracy party. Mario, however, spent his teenage political years as an activist under the wing of Marco Pannella, the leader of the Italian, nonviolent, radical, environmentalist and libertarian movement, which, if true, explains a lot about Mario, I think!
When Mario was undergoing treatment, I wanted to send him a copy of a book called The Shack, which has this amazing conversation with God in it, but he said: Thank you, darling, but I will be healed and home at Christmas and you can give it to me then. I did give it to him eventually and I so hope that he did get to read it.
Mario, I hope and I pray that you did make peace with your Maker and that there is a wonderful life for you after Parliament. It is on days like this that growing up is not an option but a reality. Goodbye, friend and colleague!
To quote M Scott Peck:
The journey of spiritual growth requires courage, initiative, independence of thought, and action ... no teacher can carry you there. There are no preset formulas. Rituals are only learning aids, they are not the learning. ... no words can be said, no teaching can be taught that will relieve spiritual travellers from the necessity of picking their own ways, working out with effort and anxiety their own paths through the unique circumstances of their own lives toward the identification of their individual selves with God.
Thank you. [Applause.]
Mr L M NTSHAYISA
Mrs C DUDLEY
Mr L M NTSHAYISA: Deputy Speaker, hon members, as the AIC, we would like to convey our heartfelt condolences to the family of Dr Oriani-Ambrosini. We know, and we are aware, that it is not always easy to accept death, but sometimes, there are things that we cannot change in life. If, for instance, we were made aware of the day on which we would die, I’m sure life now would be a mess and everyone would be serious, in life. Dr Oriani-Ambrosini’s family has to accept what cannot be changed. What is done is done.
Let me quote from Ecclesiastes 3:
To everything there is a season, and a time for every purpose ... a time to be born, and a time to die ... a time for peace, and a time for war.
We have heard about the contributions that this great man made to his family, friends, community, the nation and to this House, in particular. It has been a great thing, indeed.
I want us to do away with this idea that Shakespeare had, when he wrote:
The evil that men do lives after them; the good is oft interred with their bones.
Let it not be so with this great man of our land. I think this great man will always be remembered for the good work that he did for his country. We are aware that each and every one who lives here will one day leave for a better world. I hope that the contributions and everything that he did will always be remembered, contrary to what Shakespeare said about those whose good deeds are often interred or buried with their bones.
Although it is difficult to accept, the Ambrosini family should look up to the Lord, because He is the One who will comfort them, give guidance, and advise them on what to do next. I would also like to quote from Shakespeare when he talks about life:
It is a tale
Told by an idiot, full of sound and fury
Signifying nothing.
This means life is just nothing because, after all, one has got to leave. We have to accept that.
As the AIC, we wish that his soul may rest in peace and bring some comfort to his family, friends, the nation, and everybody in this world. I thank you. [Applause.]
Mr N T GODI
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Mr L M NTSHAYISA
Mr N T GODI: Deputy Speaker, comrades and hon members, I wish to join the House in expressing our condolences to the Ambrosini family and those from his party, the IFP. The truism of the statement by Madam Speaker just before we started with the condolences cannot be overemphasised. The passing away of a member of this House touches us all, irrespective of political affiliation or ideological persuasion.
We have all come to know the late hon Oriani-Ambrosini as a fierce and passionate articulator of his perspectives and beliefs. He was a man of strong convictions. In his battle with cancer, he showed remarkable courage. His courage brought the challenge of cancer very much to the fore. He made us confront the reality of cancer and our own vulnerability.
Death is an unavoidable human destiny. However, whenever it occurs, nothing can prepare us for the pain and the sense of loss that accompanies it. We sincerely hope that those closely associated with him will find closure from this loss, and may his soul rest in peace. Thank you. [Applause.]
THE DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT
Mr N T GODI
THE DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Deputy Speaker, hon members, members of the Oriani-Ambrosini family, it is a sad day, as, today, this House bids farewell to someone who was no ordinary politician. Dr Mario Oriani-Ambrosini was larger than life in his energy and his expertise and his influence on South African politics.
Dr Oriani-Ambrosini could be very controversial. Arriving in South Africa in 1991, he immediately engaged in the constitutional debates of the day from the side of the IFP, drafting a constitution for KwaZulu-Natal in 1992. He was also, as the hon Buthelezi has said, involved in the passing of the Ingonyama Trust Act by the KwaZulu Legislature, shortly before the 1994 elections.
Politically, his views were libertarian, advocating for as little state involvement in the lives of citizens as possible. When I jokingly offered my condolences to him on Barack Obama’s second election victory, he told me that he had lost interest in the American election campaign after his preferred candidate, Ron Paul, lost the American Republican primaries. Ron Paul is, incidentally, credited with a very conservative voting record in the United States Congress.
We, in the ANC, often crossed swords with Dr Oriani-Ambrosini, especially during the negotiations in the 1990s and possibly even more so when the IFP threatened to pull out of the Constitutional Assembly, as well as in the negotiations for a provincial constitution for KwaZulu-Natal. More recently, in Parliament, we often did not see eye to eye on various pieces of legislation, either.
Despite our political differences, however, we, in the ANC, held him in high regard for his constitutional expertise and remarkable experience on governance matters. Just before this debate, the Minister of Human Settlements came up to me to tell me of her high regard for Dr Oriani-Ambrosini. She had spent quite a bit of time with him when she was Deputy Minister of Home Affairs and he was adviser to the hon Buthelezi, who was then the Minister of Home Affairs.
He was highly respected as a fierce and outspoken debater, a seasoned negotiator, and a passionate politician. Whether or not one always agreed with him is not the point. The point is that he always made a valuable contribution and he livened up debates. The hon Joan Fubbs, Chairperson of the Portfolio Committee on Trade and Industry, probably said it best when she said Dr Oriani-Ambrosini’s fresh insight contributed to more robust legislation. In addition, as someone wrote in the media recently, he was one of the most hardworking people in the opposition benches and he kept the governing party on its toes.
I first met Mario in the mid-1990s when I was in the KwaZulu-Natal Provincial Legislature which, at that point, was led by the IFP. The IFP wanted to have a provincial constitution for KwaZulu-Natal. This process had assumed greater importance for the IFP when it withdrew from the Constitutional Assembly at the national level. Things were pretty intense at that time, and it then involved many nights of discussion after committee meetings at the Holiday Inn when the legislature was sitting in Ulundi. I spent more time with him when he became a member of the Justice and Constitutional Development Portfolio Committee in 2009 and, in particular, worked closely with him on the Protection of Personal Information Bill, in a subcommittee together with Dene Smuts of the DA.
From the ANC’s side, we did not always disagree. Last year, as the Justice Committee was debating the provisions of the Legal Practice Bill, we were discussing the issue of the high cost of legal fees. The hon Oriani-Ambrosini made the point that the cost of legal representation in South Africa is higher than in the United States capital of Washington, DC. Never one to mince his words, he said it straight. He said believing that lawyers would voluntarily make changes in the interests of the consumers of legal services was “like putting the fox in charge of the chickens”.
That is how we shall remember him – straight-talking, sometimes controversial, never timid, always charismatic, and always passionate about what he believed in. Indeed, Mario Oriani-Ambrosini was no ordinary politician.
He never did anything in half measure or in small steps. Reference has been made many times to the Constitutional Court case of Oriani-Ambrosini, MP v Sisulu, MP, Speaker of the National Assembly, 2012 SACC 27, which declared certain Rules of the National Assembly unconstitutional. In a discussion on the case, Prof Pierre de Vos aptly called it “one small step for Parliament, one giant step for Ambrosini”. The fact that he lost that case in the Cape High Court and then had the tenacity to take it on to the Constitutional Court shows his tenacity and his belief in what he was doing.
He was also a tenacious fighter, fighting a courageous battle against cancer. In May last year, he said:
I count on achieving a cure in three months and will then return to my parliamentary work. If my gamble is successful, I plan to dedicate a great portion of my future political and professional life on the fight to eradicate cancer as a cause of death. If I fail, I hope that what I tried to do for democracy in South Africa, and elsewhere, will be appreciated.
He had actually promised me a copy of Cicero’s speeches, I think it was, if he did succeed. Sadly, I will have to buy that myself.
He has raised public awareness of cancer treatment and his selfless campaign for innovative medical intervention will, undoubtedly, leave an indelible mark in the ongoing struggle against the disease. His work will be continued through the Cancer Treatment Campaign, which he started earlier this year.
For him, death was inevitable. Towards the end of April, he sent me an SMS which read: “My body is falling apart but I am at peace and serene.” In July, during the Justice Budget Vote debate, he said: “I do not have much strength left. I know that there are other people with more strength than I do.”
He faced death bravely and decided to end his suffering at a time when he felt ready. He, not death, was to be the final decision-maker concerning his fate. I think in this context, we, as a nation, also need to debate whether to legislate on the use of euthanasia in the context of terminal illness.
HON MEMBERS: Hear! Hear!
The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: We shall miss him, in the various committees and in this House. The ANC wishes to express its sincere condolences to the family and friends of Mario Oriani-Ambrosini and to the hon Buthelezi and his colleagues in the IFP.
To his wife, Carin, and seven-year-old son, Luke, his mother and other members of the family, you are in our thoughts, and may you find strength and solace in your time of mourning.
I read a poem by Henry Scott Holland, and I thought of Mario while I was reading it, as it sounded like something he would have said, if he were here. I would like to share a few lines of the poem with the House:
Death is nothing at all.
I have only slipped away to the next room.
I am I and you are you.
Whatever we were to each other,
That, we still are.
Call me by my old familiar name.
Speak to me in the easy way
which you always used.
Put no difference into your tone.
Wear no forced air of solemnity or sorrow.
Laugh as we always laughed
at the jokes we enjoyed together.
Play, smile, think of me. Pray for me.
Let my name be ever the household word
that it always was.
Let it be spoken without effect.
Without the trace of a shadow on it.
...
Why should I be out of mind
because I am out of sight?
I am but waiting for you.
For an interval.
Somewhere. Very near.
Just around the corner.
If he were here now, he would, no doubt, tease me about my Italian – but let me conclude and say to a dear colleague and friend, “Riposa in pace” or, as we say, “Hamba kahle.”
May his soul rest in peace. And his memory will live on. Thank you. [Applause.]
Debate concluded.
Motion agreed to, members standing.
The DEPUTY SPEAKER: The presiding officers associate themselves with the motion. The condolences of the House will be conveyed to the Ambrosini family.
Hon members, before we proceed, may I also apologise for the cellphone which rang during the debate? [Interjections.] That was bad and neglectful on my part.
MR D M GUMEDE
The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT
MEMBERS’ STATEMENTS
CONSTITUTIONAL COURT RULING ON IEC CHAIRPERSON’S APPEAL
(Member’s Statement)
Mr D M GUMEDE (ANC): Hon Chairperson, the ANC accepts the Constitutional Court ruling dismissing Independent Electoral Commission, IEC, chairperson Pansy Tlakula’s application for leave to appeal against an Electoral Court ruling against her.
We hold the view that our freedom and democracy have accorded every South African a chance to tell his or her side of the story in a court of law and to pursue any case or its outcomes in higher courts. Therefore, the ANC believes that Ms Pansy Tlakula, like every other South African, also has that right to exercise her constitutional right to appeal the judgment and have a higher court review it.
This is a principle that the ANC and millions of South Africans uphold. That is why the ANC believes that a call for Ms Tlakula to resign even before she had had the opportunity to exhaust all court processes is unconstitutional, and undermines the rights that Adv Tlakula has as a citizen of this free country.
The ANC acknowledges the significant role the IEC chairperson, Pansy Tlakula, has played in bringing about free and fair elections, as well as the tremendous contribution she has made as the CEO of the IEC, which has accorded her an opportunity to be appointed the chairperson of the IEC. We believe that with her immense experience and outstanding achievements, both in her academic astuteness and work experience, she can still play a crucial role in the development of our society. I thank you.
Dr W G JAMES
MR D M GUMEDE
THREE HEALTH CARE LEADERS IN NORTH WEST AND LIMPOPO
(Member’s Statement)
Dr W G JAMES (DA): House Chair, in visits to the North West and Limpopo this past weekend, I had the privilege of meeting individuals playing a catalytic role in improving health care. Firstly, the CEO of Mokopane’s Voortrekker Hospital, Dr Ramathuba, who, despite having a new wing unfinished for four long years because the provincial public works department there is dysfunctional, as well as constantly having to fight for medicines, including most recently, Nevirapine, runs a fabulous hospital there.
Secondly, the University of Limpopo’s Dr Francis Hyera who, despite the fact that the provincial health authorities have not made the structural changes nor provided the specified medical equipment to the level of clinical isolation Ebola requires, developed a protocol and initial training for staff.
Thirdly, the CEO of the Klerksdorp Tshepong Hospital, Mr P E Mokatsane, who has made the hospital as Ebola-ready as he can but requires the urgent technical assistance from Dr Aaron Motsoaledi’s Ministry.
The DA honours these three leaders in the front line of health care.
Ms H O MAXON
Dr W G JAMES
ANC FUNDRAISING IN THE PUBLIC SERVICE
(Member’s Statement)
Ms H O MAXON (EFF): Chairperson, the ANC’s decision to solicit funds from civil servants is disgusting and unethical, to say the least. This approach shows what we have always said - that the current leadership of the ANC has lost its moral fibre. [Interjections.] This type of fundraising is unethical and tantamount to bullying.
They are introducing a new and dangerous culture to South African politics - loyalty to the party and individual at the expense of the Public Service.. Loyalty to the party and an individual at the expense of the Public Service has long become a culture with the current leadership of the ruling party. They are now taking it into top gear. This is nothing else but desperate measures from the ruling party, as they are setting a wrong precedent with this approach. Oh, what a shame to our society, ANC! [Interjections.]
IsiXhosa:
Thula wean, uMugabe uyeza kuwe!
English:
In terms of section 195(1)(a) of the Constitution, a high standard of professional ethics must be promoted and maintained. The instruction of the ANC to the civil servants does not make this possible. The fundraising method of the ANC is intimidation of the highest order. Civil servants have the right to donate to a political party and they also have the right not to, as they wish. Members of the ANC who are in the Public Service should also enjoy this right. Civil servants also have their own personal obligations to meet. Please, ANC, leave our public servants alone!
Mr M A MAHLALELA
Ms H O MAXON
NO EBOLA IN SOUTH AFRICA
(Member’s Statement)
Mr M A MAHLALELA (ANC): Chair, the ANC welcomes the announcements made by Dr Aaron Motsoaledi, Minister of Health, that there are no cases of Ebola in South Africa. The two patients who were suspected to be affected tested negative and therefore this allays all fears that we may have the spread of the Ebola virus. The Ministry of Health, together with the National Institute for Communicable Diseases, has put in place systems in all provinces to combat this disease, and we have confidence in these measures taken.
However, we want to express our concern regarding the utterances made by the DA’s Health spokesperson, who is also an award-winning Mampara, Mr Jack Bloom, for creating panic by making false claims that the patient who had arrived from Guinea was carrying the virus. He opportunistically chose to use the media to cause panic by making unfounded statements. His political opportunism leaves much to be desired and his patriotism is questionable.
We also welcome the announcement that the National Institute for Communication Diseases team has arrived in Sierra Leone to assist in containing the Ebola virus disease in that region. Thank you.
Ms S J NKOMO
Mr A M MAHLALELA
PRIMARY SCHOOLCHILDREN PLAYING AT RAPE
(Member’s Statement)
Ms S J NKOMO (IFP): Hon Chair, it is shocking to learn that primary school children in Mitchells Plain are playing what they consider a game called “Rape, rape”, where the girls run around chased by the boys. When a boy catches a girl, he simulates raping her for ten to twenty seconds, after which she is out of the game.
It is disturbing that such a game exists, especially among children. What is most horrifying however is that the girls are willing participants in this game. It clearly shows that these children are affected by what is happening around them yet do not understand the implications of rape. The danger is that these girls will become desensitised to rape and that they will see it as normal behaviour.
As we celebrate Women’s Month, it is disturbing to hear that our children are becoming accustomed to a rape culture. The boys will grow up not respecting women, whilst the girls will see rape as a norm. We cannot have this happening. Such games cannot be allowed to continue in our schools. We hope the education department is taking urgent steps to ensure that we do not breed a generation of men who rape and women who accept it. Thank you. [Applause.]
Mr M L W FILTANE
Ms S J NKOMO
INVESTIGATION INTO THE TAXI INDUSTRY
(Member’s Statement)
Mr M L W FILTANE (UDM): Hon Speaker, we note that, in 2000, there were approximately 126 000 taxis in South Africa, most of which were over ten years old them and therefore no longer suitable for transporting people. We note further that since the inception of the taxi recapitalisation programme in October 2006, a total of 59 000 taxi vehicles were scrapped. Seven thousand of those were in the Eastern Cape.
This industry remains one of the greatest challenges for our public transport system and it requires the regular and close attention of government. Amongst the many challenges confronting the taxi industry is the competition presented by governmentsubsidised buses and unregulated hitch-hiking. This results in the harassment and consequent killing of people. We therefore suggest an elaborate investigation into the taxi industry be conducted, including factors that contributed to the recapitalisation programme, which has not been concluded. We further suggest that, as part of the investigation, the possibility of regulating hitch-hiking and the support given to the taxi industry be part of the areas to be investigated. I thank you.
Ms N MTHEMBU
Mr M L W FILTANE
ANC GAINS IN AUGUST 2014 BY-ELECTIONS
(Member’s Statement)
Ms N MTHEMBU (ANC): Hon Chair, we take this opportunity to express our appreciation for South Africans who came out in their numbers to vote for the ANC in the recent by-elections held on 13 August 2014 in all nine provinces. The ANC retained five of its wards and won a further three wards - one from the DA, the second from the IFP and the third from an independent candidate. [Applause.]
This proves, once again, that the ANC enjoys a solid base of support amongst our people. The victory of our people and the ANC in Ward 40 in Kouga Park in the Nelson Mandela Metropolitan Municipality, following a desperate attack on the IEC by the DA in an effort to retain the ward, is a clear example of this commitment. The people of Kouga Park have rejected the DA, sending a message that the ANC is the political home of the masses of our people, and enjoys the decisive and unwavering support of communities in the region.
We thank all members of the various communities who came out in their numbers to vote in the by-elections. We further thank the men and women of the IEC who worked to make the by-elections the transparent, impartial and credible elections that South Africans have become accustomed to. [Applause.] As an organisation, we are committed to deliver on the mandate once more bestowed upon us. Thank you.
Rev K R J MESHOE
MS N MTHEMBU
JIHADIST ATTACKS ON CHRISTIANS IN IRAQ AND SYRIA
(Member’s Statement)
Rev K R J MESHOE (ACDP): Chairperson, the recent brutal attacks on Christians by radical Islamists, particularly in Iraq and Syria, must be condemned in the strongest possible terms by all who uphold human rights and stand for freedom of religion. Women and children have been abducted, raped and beheaded for their faith in Jesus Christ. There are reports of militants who kill Christian women for refusing to covert to Islam by slitting their throats and collecting their blood in bowls. Innocent children are being beheaded and their heads erected on poles like trophies.
For months now, these cruel Jihadists have been committing unspeakable atrocities against Christians and other religious minorities and, in the process, destroying their churches and burning priceless and irreplaceable sacred manuscripts. That the world sits back and watches this genocide is an epitome of shame and an indelible blight on humankind.
The ACDP supports the Pontifical Council for Interreligious Dialogue, which issued a statement from the Vatican deploring the upsurge of violence in Iraq and calling on, among others, all men and women of goodwill to unequivocally condemn terror in the name of religion. The ACDP further supports Pope Francis, who wrote a letter to the United Nations, urging assistance to victims of Islamic State in Iraq and Syria, Isis, terrorism. The ACDP also supports the call by Vatican officials on Muslim leaders all over the world to “condemn the barbarity and unspeakable criminal acts of Islamic State militants in Iraq”, saying that a failure to do so would jeopardise the future ... [Time expired.]
Rev K R J MESHOE
Ms N T NOVEMBER
INCREASED VIOLENCE AGAINST WOMEN AND CHILDREN
(Member’s Statement)
Ms N T NOVEMBER (ANC): Chairperson, the ANC deplores crime against women and children. The ANC is appalled by and strongly condemns the growing incidence of the killing and maiming of women and children, particularly in recent weeks. The ANC strongly believes that the growing and inexplicable phenomenon has no justification or place in our society.
Therefore the ANC continues to prioritise incidents of crimes perpetuated against women and children by pursuing a multidisciplinary approach in the fight against violence against women and children.
Furthermore, we note the success rate of arrests of the culprits by the law-enforcement agencies, with the help of communities, and we believe that special attention also needs to be given to the speed of prosecution. We also call upon all our communities to unite and take a stand against this scourge. Community members must help identify and isolate the culprits who perpetuate such acts and report them to the law-enforcement agencies for successful prosecution. However, we urge people not to take the law into their own hands.
For its part, the ANC-led government is committed to reducing the levels of crime by involving intelligence support and co-ordination, having more police visible and on duty in hot-spot areas, and addressing the proliferation of firearms in our society. I thank you.
Mr K J MILEHAM
Ms N T NOVEMBER
SEWAGE TREATMENT PLANT INOPERATIVE IN MAKHADO MUNICIPALITY
(Member’s Statement)
Mr K J MILEHAM (DA): Chairperson, on a recent oversight visit to the Makhado Local Municipality, I visited a sewage treatment plant, which is intended to service the town of Louis Trichardt. I was outraged to find that the plant iss completely inoperative. Raw sewage flows in one side and out the other. The settling ponds are caked solid. The aerators are not working, and there was no chlorine gas.
Staff at the facility indicated that the supervisor had not been on site for several days, and things got worse the more I looked. The sewage flows out untreated into a vlei below the plant. This vlei drains into the Sand River, which a few kilometres downstream is used for watering animals, washing, bathing and drinking by local communities.
At our last sitting, my colleague, Dr Wilmot James, highlighted the danger of E.coli and untreated water in causing dysentery, which when left untreated results in death, as we saw in Bloemhof earlier this year.
The negligence displayed by the Makhado Local Municipality is criminal in terms of the National Environmental Management Act, and the lack of oversight and immediate action by the Department of Water and Sanitation and the Department of Co-operative Governance and Traditional Affairs is scandalous – and this is not an isolated incident.
Across the length and breadth of our country, municipalities are dumping untreated effluent into water sources used by local communities. When will the relevant Ministers take action to ensure that citizens of our country can safely use the water in our rivers and streams? Thank you. [Applause.]
Mr H D KHOSA
Mr K J MILEHAM
OIL REFINER DONATES SCIENCE LABORATORIES TO UMLAZI SCHOOLS
(Member’s Statement)
Mr D H KHOSA (ANC): Chairperson, the ANC applauds the involvement of business companies in assisting to improve the quality of education and in eliminating disparities at Umlazi schools, where oil refiner, SA Petroleum Refineries (Pty) Ltd, Sapref, donated science laboratories worth R1 million to Okumhlophe High School and Ganges Secondary School near Merebank, in KwaZulu-Natal.
The ANC believes that this initiative will assist pupils at Okumhlophe High School, which has more than 1 600 pupils and previously had no science laboratory, in science and maths practicals. The pupils at these schools will now be able to prepare thoroughly for their written exams with practicals and not just with the theory they used to rely on previously when writing examinations.
These initiatives are in line with the ANC manifesto of assisting schools to maintain the upward trend in the pass rate in mathematics, science and technology, whilst improving the quality of those passes in the end-of-the-year annual results.
The ANC also welcomes the decision by the KwaZulu-Natal education department to withhold the release of the results of the senior certificate exams. These exams were written by nearly 46 000 KwaZulu-Natal adults in May owing to widespread cheating in at least nine districts. Until the ongoing investigation is complete, such swift action to rectify corrupt activities must be acknowledged.
Mr M A PLOUAMMA
Mr D H KHOSA
CONCERN ABOUT NEW HOME AFFAIRS SYSTEM
(Member’s Statement)
Mr M A PLOUAMMA (Agang): Hon Chair, while Agang SA celebrates the significant strides that the Department of Home Affairs has made in turning the department around, we are nevertheless deeply concerned about the new system that seems to be working against the objective of making it easier for all people to apply for temporary and permanent residence, visas, waivers, exemptions and appeals.
The department needs to explain to this House how the appointment of VFS Global has made it easier for people to apply for the aforementioned, because it appears that the said application processes are more expensive and more laborious.
At the same time, the department must explain what happened to the capacity within the department that processed these applications prior to the appointment of VFS Global and the cost and turnaround time for application.
Knowing the history of this government, Agang SA wouldn’t be surprised if another comrade or comrades have benefited or are still benefiting from the appointment of VFS Global. Agang SA will soon move for an investigation into the tender process that was followed by the department in the appointment of VFS Global. Thank you.
Ms M A TSOPO
Mr M A PLOUAMMA
AGRICULTURAL REVIVAL IN THE EASTERN CAPE
(Member’s Statement)
Ms M A TSOPO (ANC): Chairperson, the ANC applauds the partnership of the ANC Eastern Cape government with investment company Wiphold and with Nedbank. Together they revived the maize fields into a profitable food security programme.
This is also an added boost for local farmers and villages in Tutura near Centane in the Eastern Cape. The multimillion-rand investment by the above-mentioned stakeholders has resulted in the harvesting 553 hectares of maize, using a modern harvester for the first time in this village, and has benefited about 500 families in Tutura.
Owing to the success of the project, it has now become a 1 000-hectare commercial farming operation with direct benefits for more than 500 families through a R20-million initial investment. Moreover, there are also plans in the pipeline to set up a milling hub for the local residents to have a processing facility nearby.
This is a good story to tell, as the success of this project also indicates that South Africans from rural communities are ready and willing to change their dire conditions when they are given assistance and resources, as this project has proven. This initiative affirms the ANC policy ... [Time expired.] [Applause.]
Mr J VOS
Ms M A TSOPO
CAPE TOWN TOURISM COMMENDED FOR ACHIEVEMENTS
(Member’s Statement)
Mr J VOS (DA): Madam Chairperson, we hereby commend Cape Town Tourism on its achievements in destination marketing for being recognised by global brands like the The New York Times and TripAdvisor. In addition to this, Cape Town Tourism has also successfully created a new mobile visitor information centre, a first on the African continent.
Cape Town Tourism is an industry body representing over 1 200 tourism products in Cape Town and South Africa. We congratulate the staff at Cape Town Tourism and their partners on their accomplishments, which have made the whole nation proud, especially as the National Development Plan has identified tourism as one of the key job-creating industries in South Africa.
Tourism is at heart a local issue, and when local government collapses, as we see currently happening in many parts of the country, then ultimately the ability of local communities to benefit from tourism opportunities also collapses. Therefore the DA calls on the Minister of Tourism to implement urgent measures to assist failing municipalities with their tourism development strategies. Thank you.
Ms Z C FAKU
Mr J VOS
RAINBOW NATIONAL CLUB INITIATIVE APPLAUDED
(Member’s Statement)
Ms Z C FAKU (ANC): Chairperson, the ANC applauds the initiative by a group of concerned businesspeople in Port Elizabeth who are using the Internet to invite South Africans of all races to confirm their desire to belong to a unified country of which we can be proud.
This particular initiative, called Rainbow Nation Club, needs to be commended for the good work it is doing in terms of developing a strong lobby to influence the leaders of our country to once again make Madiba's legacy a top priority.
As part of the above programme and partnership among stakeholders, the private sector, government and the public are encouraged to know the words of the national anthem and/or meaning of the different words. As the ANC, we agree with the prescripts of the National Development Plan, which calls on all of us to work towards the common good, to seriously tackle unemployment and to increase interaction between people from different social and racial groups.
We therefore call upon all South Africans to contribute and work towards realising their vision of a cohesive society by supporting initiatives such as the Rainbow Nation Club, which is being spearheaded by various corporate citizens, led by Schaeffler SA, so as to contribute positively to building a unified South African nation.
The ANC supports the Rainbow Nation Club and wishes all its participants and the country’s citizens all the best in promoting meaningful inclusion to empower the powerless by playing their part in all corners of the country. Thank you. [Applause.]
MINISTERS’ RESPONSES
Ms Z C FAKU
MINISTERS’ RESPONSES
AGRICULTURAL REVIVAL IN THE EASTERN CAPE
(Minister’s Response)
The MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: Thank you, hon Chair. I am really happy that the hon member has addressed this matter, the projects which are carried out by Mrs Tomatoe. These are very important projects because she focused particularly on communal land areas. When she started these projects in the Eastern Cape, we started together. I thought it was going to be a nine-day wonder ...
IsiXhosa:
... kodwa waqhubeka, usaqhuba nangoku. Intle kakhulu loo nto. Yiloo nto ndiphakama; ndiyaqonda ukuba akulunganga ukuba sithule. Abantu abaninzi bayakoyika ukuya kusebenza kwezi ndawo zoluntu zilinywa ngeenjongo zoshishino, ingakumbi abantu abangoomama. Kodwa yena, eyakhe inkampani yeyoomama. Kufuneka ke simncome kakhulu kule nyanga. Ndiyabulela.
The DEPUTY MINISTER OF HOME AFFAIRS
The MINISTER OF RURAL DEVELOPMENT AND LAND REFORM
CONCERN ABOUT NEW HOME AFFAIRS SYSTEM
(Minister’s Response)
English:
The DEPUTY MINISTER OF HOME AFFAIRS: Chairperson, my response pertains to the visa facilitation centres and the tender awarded to VFS Global. Subsequent Ministers of Home Affairs have committed to this House that the department will become a paperless institution. This is just one such initiative, basically pertaining to the application for visas by foreign nationals who wish to come to our country.
In relation to the particular tender, we welcome any probe in this regard and hon members are quite welcome to look into it and pose the necessary questions. This is what the hon members are here for. However, I would just like to say that, with regard to the reasons for us moving in this direction, essentially they relate to efficiencies. We had a manual system prior to our tender in this regard and the manual system posed huge challenges, both for applicants, as well as for the administration of those applications.
Oftentimes, people would have to apply at the various offices in the country and the applications would have to be submitted through courier services to head office for adjudication. Many such visa applications, having been approved, would have to be couriered back to the offices where those application were made in the first place, only to be lost in the process and lost in transit, etc. This didn’t leave anybody very happy, neither the department nor its clients.
With the VFS process, we can assure hon members that our processes are very much more efficient, and that there are no backlogs in processing those visa applications, as we speak. Thank you very much.
The DEPUTY MINISTER OF BASIC EDUCATION
The DEPUTY MINISTER OF HOME AFFAIRS
OIL REFINER DONATES SCIENCE LABORATORIES TO UMLAZI SCHOOLS
PRIMARY SCHOOLCHILDREN PLAYING AT RAPE(Minister’s Response)
THE DEPUTY MINISTER OF BASIC EDUCATION: Hon Chairperson, I would like to respond to two of the statements that have been made. The first is in relation to partnership in relation to the provision of laboratories. I wish to convey to the House that for the first time in the history of this country, we have an Education Collaboration Trust. This has been established with the private sector in order to provide comprehensive support to our learners.
This collaboration trust has been established with a view to dealing quite comprehensively with the challenges that we face in education. We do so, not on the basis of fragmented interventions but on the basis of district-wide interventions, which includes resources infrastructure in governance. A good example of collaboration is in the provision of mathematics and science text books for Grades 10, 11 and 12 through the Siyavula Trust or the Shuttleworth Foundation.
Every learner in Grades 10, 11 and 12 receives the mathematics and science text books provided free of charge whether you are in a Quintile 1 or a Quintile 5 school. Similarly, the Sasol Inzalo Foundation has provided fully digitised learning support material for Grades 4, 5 and 6; and we are going to expand it to Grades 7, 8 and 9. What we can gather from this is, through collaboration and working together, we can indeed provide a better South Africa and promote mathematics, science and technology.
With regard to the other statement that deals with the issue of rape and violence against our women and, particularly, our girl-learners, I think it is something that we have to take very, very seriously. Yesterday, in Mpumalanga, the Ministry had an opportunity to engage with all heads of department, that is, superintendents-general, of the nine provinces. Among the priority issues that we identified was, indeed, the wellbeing of our learners, particularly our girl-learners, given the reality that we are in Women’s Month. We certainly do not condone any acts of violence, abuse or sexual harassment, in any form, whatsoever.
The three pillars of our system of education are knowledge, skills, and values and attitude. Part of the values and attitude is a manifesto of values from the department that has been adopted across all nine provinces in all schools. Gender equality and tolerance form part of that particular value system. We also have a girls’ education movement and a boy’s education movement. Boy-learners are taught to protect the girl-learners and to be the girls’ keepers.
Perhaps, in conclusion, I should say that we certainly do not condone any form of abuse or distortion of the religion of Islam. In South Africa, certainly in our schools, we preach religious tolerance and we take pride in the fact that all religions take pride of place in our system. Therefore, we also express our outrage in terms of what is happening in the Islamic State, Isis, or through Boko Haram Thank you very much. [Time expired.]
The MINISTER OF TOURISM
The DEPUTY MINISTER OF BASIC EDUCATION
THREE HEALTH CARE LEADERS IN NORTH WEST AND LIMPOPO
CAPE TOWN TOURISM COMMENDED
(Minister’s Response)
The MINISTER OF TOURISM: Chairperson, I would like to respond to what the hon James said about the efforts in various hospitals to ensure that there is a state of readiness to ensure that, in the event of any Ebola cases breaking out, we are ready to deal with such cases. I would also like to commend the Minister of Health for ensuring that this matter is taken very seriously.
In respect of its impact on tourism, and acknowledging what the hon member Vos said about tourism being of such importance to our country, having seen some reports of cancelled visits to our country, I think the onus is on all of us to send out the message loudly and clearly: There is no Ebola in South Africa. We should also avoid any premature scares or even being guilty ourselves of arousing such scares.
To quote what the World Health Organisation, WHO, said, as advice to travellers:
The risk of a tourist or businessman or woman becoming infected with Ebola during a visit to the affected areas and developing the disease after returning is extremely low, even if the visit included travel to the local areas from which primary cases have been reported.
So, I think that it is up to us to send out that message loudly and clearly to people from all countries. There is a tendency to lump Africa as one whole continent, as if we are all equally affected by all diseases. That is not the case. We have to assure travellers from all over the world that South Africa is free of Ebola and that it constitutes no risk to travellers whatsoever.
The DEPUTY MINISTER OF TRANSPORT
The MINISTER OF TOURISM
INVESTIGATION INTO THE TAXI INDUSTRY
(Minister’s Response)
IsiZulu:
SEKELA NGQONGQOSHE WEZOKUTHUTHA: Sihlalo, ngithanda ukuphendula isitatimende esenziwe yilunga elihloniphekile le-UDM. Siyasebenzisana kakhulu nabantu bamatekisi njengoba eshilo nathi siyavumelana naye. Kufanele kakhulu futhi ukuthi sisebenzisane nabo ngoba i-National Household Travel Survey ephume njengamanje ibonise ukuthi abantu abahamba ngamatekisi bakhuphukile kusuka kuma-59% kuya kwangama-68,8%. Ngakho-ke ...
English:
... the taxi industry is an important stakeholder in the Department of Transport.
Regarding the taxi recapitalisation programme ...
IsiZulu:
... sizamile kakhulu sakhuphulela nemali ku-R70 000 itekisi ngayinye.
English:
There are many lessons we have learned from this programme. That is why we are engaged in it and extended it from September to September next year. We are engaging with taxi owners. We believe that they will come to the party and say that going forward ...
IsiZulu:
... kumele sibasize kanjani. Kuyisifiso sikahulumeni ukuthi sibone ukuthi imboni yamatekisi siyinika njani amandla ngoba isithwalela abantu bethu. Kukhona futhi esikufundile ngoba amatekisi amaningi asekahle futhi akulungele ukuba semgwaqeni. Ngiyabonga.
The MINISTER OF COMMUNICATIONS
The DEPUTY MINISTER OF TRANSPORT
RAINBOW NATIONAL CLUB INITIATIVE APPLAUDED
(Minister’s Response)
The MINISTER OF COMMUNICATIONS: House Chair, in response to the hon Faku, it is true that we welcome Schaeffler South Africa for responding to the call by Brand South Africa to get involved in the national domestic campaign called Play your Part. Play your Part is aimed at encouraging all South Africans to be active citizens.
The campaign was created to inspire, empower and celebrate the contributions by all South Africans from civil society, government and nongovernment organisations to make a positive contribution. Active citizens play a critical role in building our nation and will also drive the implementation of the National Development Plan, NDP, including our Vision 2030. Vision 2030 is our blueprint for social and economic development.
We therefore urge all South Africans to be part of the movement in building social cohesion and bringing about a positive change to our environment and South Africa, as a whole, as Schaeffler South Africa is doing. Thank you. [Applause.]
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY
The MINISTER OF COMMUNICATION
SOLIDARITY WITH THE CUBAN FIVE
(Draft Resolution)
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Hon House Chairperson, on behalf of the Chief Whip of the Majority Party, I move the draft resolution printed in his name on the Order Paper, as follows:
That the House—
- notes that the Cuban Five are five Cuban men who were charged by the United States government of committing espionage and conspiracy against the United States of America, and, as such, were imprisoned from 12 September 1998;
- remembers that the actions of the Cuban Five were not directed at the United States government and that they did not engage in, nor plan any conspiracy against the government, but, rather, that they infiltrated terrorist organisations in Miami which were planning terrorist attacks on Cuba;
- further remembers that they did not harm anyone, nor did they possess or use any weapons on their mission, which was simply to protect the people of Cuba from terrorism;
- believes that the United States should have worked with the Cuban Five clandestine antiterrorist operation to prevent criminal acts and to deter terrorism in whatever form and wherever it came from, as it is a growing threat to global stability;
- welcomes the release of René González on 7 October 2011 after completing his sentence, and after his freedom was finally guaranteed in May 2013, and the release of Fernando González on 27 February 2014;
- calls upon the South African government, civil society and all South Africans to join the world in solidarity with the Cuban Five, and actively participate in forums, media, publicity work, marches and petitions geared at demanding the immediate release and freedom of the remaining members of the Cuban Five; and
- further calls upon the President of the United States of America to lift the blockade immediately and engage Cuba more positively.
The CHIEF WHIP OF THE MAJORITY PARTY
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY
The CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, it is usually symbolic and significant that, after being released from prison in 1990, one of the first things Nelson Mandela did was to visit Cuba to express his admiration and respect for Cuban leader, Fidel Castro. Later, Mandela also credited Cuba’s military support to Angola in the 1970s and 1980s for playing a role in debilitating South Africa’s racist government enough to result in the legalisation of our party, the ANC, in 1990.
Cuba was the first country to be recognised diplomatically by the ANC-led government elected in 1994. I am highlighting this strong bond between our countries because, more than any other nation, South Africans understand what it feels like to be isolated from the rest of the developing world.
The ANC understands what it meant to be unjustly labelled “a terrorist organisation” and most of our people who fought for the noble cause of freedom know first-hand the cruelty which accompanied being unfairly imprisoned. The ANC, since its 51st national conference in 2002, has been consistent in its resolution of reaffirming its solidarity with Cuba. It also continues to campaign for the lifting of the US embargo and the release of the five Cuban nationals who were arrested in September 1998 and convicted of espionage.
This year, we unreservedly support the international democratic forces for the unconditional liberation of the Cuban Five from the United States prisons. The five Cubans, Gerardo Hernández, Antonio Guerrero, Ramón Labañino, Fernando González and René González, were involved in gathering information about Cuban-American groups using the US as a base to plan and launch terror attacks against Cuba and its citizens. They were not engaged in any activities which threatened the national security of the US. Serious concerns were raised about whether any of these people have had the full benefit of the fundamental human right to a fair and speedy trial before an independent and impartial tribunal or court recognised universally in the International Covenant of Civil and Political Rights.
At the International Commission of Enquiry into the Case of the Cuban Five, held in London, in March this year, material concerns emerged based on facts, such as the following. Firstly, all five Cuban nationals were placed in solitary confinement for about 17 months before the trial began.
Secondly, none of them have had sufficient access to documents relevant to their trial and necessary for the adequate preparation of a defence.
Thirdly, the opportunity to consult with their legal representatives was, in all circumstances, less than sufficient.
Fourthly, as extra punishment, visitation rights for two of their wives were denied and visa requests for other members of the families were severely restricted.
Fifthly, the trial was held in a part of Miami, Florida, where, according to three respected judges of the Eleventh Circuit of the United States Court of Appeals, a fair trial could not be guaranteed.
In May 2005, the United Nations Working Group on Arbitrary Detention adopted an opinion on the case, in which it concluded that the US government had failed to guarantee the Cuban Five a fair trial under Article 14 of the International Covenant on Civil and Political Rights, a treaty the US has ratified. These five men were certain of their fate only eight years after the trial in the district court had been concluded. According to all judgments, not one of these persons either committed or intended to commit any act of violence. No conduct of any of these persons was aimed at the United States of America or its government. The Cuban Five gathered information aimed at preventing privately-inspired violence and anti-Cuban action emanating from the United States soil.
Two of the members of this group of persons have already served their full sentences and there can be no prejudice in pardoning them now. The other three persons have, in any event, already served inordinately long periods of imprisonment in all the relevant circumstances summarised in this statement.
This year, 2014, has witnessed numerous actions in support of the campaign for the release of the Cuban Five. Although René González and Fernando González, who had the shortest sentences, were released after serving their terms in October 2011 and February 2014, they did not receive justice. The others still remain in US jails.
Human rights organisations have condemned the unfairness of the trial and the treatment of the families. Amnesty International has described the treatment of the five as “contrary both to the standards for the humane treatment of prisoners and to a state’s obligation to protect family life.” We are comforted and encouraged that the international campaign for freedom and justice for the Cuban Five is supported by world leaders, Nobel Prize winners, religious and human rights groups, lawyers, parliamentarians, trade unionists, writers, academics and thousands of people across the globe.
Just 13 days ago, on 6 August, the Geller Foundation in Philadelphia granted the Nelson Mandela Prize to the Cuban Five. The granting of this award to the Cuban Five highlights that this distinction is awarded to those who best exemplify the legacy of Nelson Mandela’s struggle.
René González, who accepted the award on behalf of the five men, said that he was honoured by this award, and called to fight for the real legacy of Mandela’s life, saying:
In that spirit, we have to keep fighting against the injustices that still exist, which are many and brutal, like the Israeli aggression that is perpetrated these days against the Gaza Strip.
One of the commissioners of the International Commission of Inquiry into the Case of the Cuban Five is our own esteemed former Justice of the Constitutional Court of South Africa, Zakeria Mohammed Yacoob. The ANC shares those commissioners’ call that, in the granting of pardons for these men by the President of the United States, “it is important to signal that the achievement of fairness and justice is not the preserve of the judiciary alone of any country, but, ultimately, a vital political responsibility that must be embraced when the moment comes.” Further, the unconstitutional “grant of these pardons will have a significant impact on world justice and world peace.”
As a nation which fought and triumphed against the legalised, inhumane and unjust system of apartheid, we must always remember that we did not do this alone. Our friends across the globe, most notably those who stood with the ANC and other liberation movements, gave us the means and courage to continue our fight, even when days were dark. Cuba and its people offered South Africans that much-needed support in the way of military and academic training. They have assisted, and continue to assist thousands of people on the African continent, and elsewhere, in this regard.
The secretary-general of the ANC best summed up our relationship with the Cuban people as follows:
Among our people, the protracted Cuban struggle against the US economic blockade is seen as a proud display of unfettered patriotism. We unreservedly support the international democratic forces for an unconditional liberation of the Cuban Five from the United States prisons. Liberated Cuba has never faltered; instead, it is growing in stature and proving its enemies wrong.
The ANC - which leads the democratically elected government, and which is a true representative of the people of South Africa - calls upon the American government to lift the economic blockade of Cuba and allow the Cuban people to freely trade with whomsoever they wish, including the Americans, and to develop themselves and their country. I so move. [Applause.]
Mr S MOKGALAPA
The CHIEF WHIP OF THE MAJORITY PARTY
Mr S MOKGALAPA: Hon House Chairperson, this debate comes at a time when there are growing trends in terrorist attacks, globally. This trend has led to governments taking tough lines when it comes to national security. This has also brought about breaches of international treaties and conventions, as a government declares a war on terrorism.
Human rights abuses are still rampant 60 years after the Universal Declaration of Human Rights came into existence. We have observed the growing acts of terror in Africa, for example, by Al Shabaab in Kenya, Boko Haram in Nigeria, Al Qaeda in Somalia, and in instances in Mali. In Europe, Ukraine is under fire due to Russian expansion. The Middle East is burning due to the escalating extremism of terrorist organisations, and, as we speak, people are being displaced and forced to flee their homes in Iraq due to religious fundamentalism.
International treaties and conventions stipulate that governments act and uphold the ideals relating to the promotion of human rights. According to Amnesty International, which is working with and on behalf of people at risk of human rights abuses and who are already victims of this crime, governments need to address long-standing cases of political persecution. Examples include, in Gambia, the missing journalist, Ebrima Manneh; in Iraq, Majid Tavakkoli, who was charged after 11 years of unlawful detention; and in China, Liu Xiaobo, an imprisoned Nobel Peace Prize laureate.
All of these cases indicate the extent to which international human rights law is being contravened. Human rights violations are ongoing in many parts of the world, despite international treaties which are supposed to prevent them.
A further world report from Amnesty International indicates that individuals are still being tortured and abused in at least 81 countries; individuals face unfair trials in at least 54 countries; individuals are still restricted in their freedom of expression in at least 77 countries; and women and children are continually marginalised. The press is not free in many countries and dissidents are silenced, often permanently. Human rights abuses still plague the world today.
Political prisoners across the world still face challenges in spite of the international treaties and conventions that should protect their human rights. International legal practices require that any citizen deserves a trial free from political prejudice. This is a fundamental principle of international law that should be upheld by all governments in the world, irrespective of circumstances of conflict.
International law prescribes that any person should have access to effective legal representation and sound legal counsel to defend himself in a court of law. Anything contrary to this prescription results in arbitrary arrest and denial of access to justice, which is in breach of international conventions. The Cuban Five are not an exception to the rule and many more around the world face the same fate. There is a need for the international community to raise awareness about the persecution of political prisoners around the world, not only the Cuban Five.
Each country has its own sovereign rules that must be adhered to and respected. However, there are general sets of requirements that all states should abide by. Many parliaments around the world have been dealing with terrorism and political prisoners, and South Africa is no exception.
The report released by the Human Rights Watch study shows that the Cuban government still continues to use political conformity by using methods such as short-term detentions, beatings of political opponents, and public acts of repudiation.
In Africa, the situation is the same. Opposition political parties are arrested, beaten, tortured and subjected to political prosecution. For example, in Sudan, Mr Ibrahim Al-Sheikh, leader of the opposition Sudanese Congress Party, was arrested and has been in detention, without trial, since June 2014, along with 15 of his party members, for merely questioning the government.
In Guinea, the government suppresses the opposition and engages in violent acts against the opposition, destroying property and injuring people. There are also allegations that live ammunition was used in the conflict. In Burundi, opposition leaders are forced to flee and go into exile because of persecution by the Burundi armed forces. Here in the SADC region, in Zimbabwe, Angola, Malawi, Swaziland and Zambia, there are still rampant abuses.
This is against the international principles of freedom of assembly and expression. The world cannot sit back and observe while these human rights abuses continue.
In conclusion, international treaties and conventions are universal and should be respected by every country that is a signatory to such agreements. Failure to uphold these conventions will lead to an international world without rules. The only victims of this will be civilians, as proven through the many outbreaks of conflict throughout history. The ordinary citizens are the ones who are always the casualties.
Terrorism is a cancer that is busy eating the world and needs to be confronted head-on, but it must be done within the confines of international law and respect for human rights.
Mr M Q NDLOZI: Chair, would the hon member take a question?
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon member, are you prepared to take a question?
Mr S MOKGALAPA: When I am done.
Mr S MOKGALAPA: The international community and the UN, as a family of nations, should intervene, with the responsibility to protect ordinary citizens if sovereign states fail to protect them. Justice must be ensured in an equal and sustainable manner across the world if we are to honour the treaties which we have signed in order to protect our people from these abuses. I thank you.
Ms M MOONSAMY
Mr S MOKGALAPA
Ms M MOONSAMY: Hon Chairperson, the EFF is not an organisation that simply speaks on matters relating to the oppressed people of the world. It is an organisation that is committed to ensuring that the principles of freedom, equality and justice for all become a reality. It would come to us as no surprise that the stance taken by the EFF on matters relating to the Cuban Five does not possess the double standards of business cocktails in Washington that have excluded democratically elected President Robert Mugabe of Zimbabwe and President Mohamed Abdelaziz of the Sahrawi Arab Democratic Republic.
Like the economic embargo by the US on Cuba to undermine the Cuban Revolution which continues to affect the people of Cuba, so too the ill-intended economic sanctions against Zimbabwe with the intention of effecting regime change. This is a war waged by the United States on the struggle for economic freedom. This is a sure indication that those who dine and dance with Washington conspire equally with the imperialist, capitalist and exploitative West while they watch the Cuban Five languish in prison.
The EFF is an unapologetically anti-imperialist, anticapitalist movement committed to the total liberation of all Africans to run our own affairs without interference or prescription from former colonialists. It is the assertion of the EFF that the imprisonment of the Cuban Five is a representation of the miscarriage of international justice executed by Washington. This is to ensure that the oppressed and revolutionary peoples of the world never enjoy equality and freedom for as long as access to sovereignty and resources are restricted to the West.
Terrorism and acts of international war bear witness to Washington’s continued infiltration of Africa. We saw that with the murder of our beloved brother, Muammar Gaddafi, and the continued massacre of the people of Palestine, as business relations with Israel by both Washington and South Africa remain uncompromised.
It is no wonder that all we have seen is talk and no action regarding the illegal arrest of the Cuban Five. Their only crime was to defend Cubans from terrorist acts, any further onslaught on the Cuban people, and threats to Cuba’s sovereignty. The same terrorism of which the Cuban Five have been accused has resulted in the deaths of thousands of Cubans. In addition, many have been left injured as a result of American terrorism.
The US-based terrorist organisations, such as the F4 Commandos, Brothers to the Rescue, Cuban American National Foundation’s armed wing, and individuals like Luis Posada Carriles, today walk free, having operated with complete impunity from within the US to attack Cuba. This was done with the knowledge and support of the FBI and CIA. This is the Washington that our government runs to when summoned.
American terrorists walk free, while Gerardo Hernández, Antonio Guerrero, Ramón Labañino, Fernando González and René González have been wrongfully accused, unjustly imprisoned and arrested for not harming a single person. The unjust system of the US ensured the continued incarceration of the Cuban Five, with only René and Fernando González having been released since their imprisonment. The horrific challenges faced by the Cuban Five can be best told by their families, who have been denied visas for visitation. This atrocity of arbitrary detention can only be justified by the US with its constant infiltration and interference in the affairs of nations, in particular those out of its control.
Like the EFF’s rejection of the African Command that continues to militarise Africa, so too was the stance of Cuba on US organisations, in particular, the US Southern Command aimed at undermining the Cuban revolution. The EFF rejects the notion of a state’s entitlement to use all revolutionary means possible to protect its national interest as only the prerogative of the US.
The EFF will ensure that the fight for the Cuban Five is fought and won, and is a representation of the struggles of the oppressed people of the world to end super-exploitation and capitalist greed, by protecting the interests of resource-rich nations and ensuring the fight for economic freedom in our lifetime is a reality.
The assistance that Cuba gave South Africa during the decades of struggle for political liberation was immense. Without the intervention of Cuba, South Africa would have not achieved political freedom.
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon member, your time has now expired.
Ms M MOONSAMY: It is our obligation to the Cuban people to repay their commitment to internationalism and their contribution to the struggles of the African continent.
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon member, your time has now expired.
Ms M MOONSAMY: Thank you. [Applause.]
Mr M A MNCWANGO
Ms M MOONSAMY
Mr M A MNCWANGO: Hon Chairperson, since 2001, the men known as the Cuban Five have been incarcerated in America after being accused of committing espionage against the government of the United States. Since then, only one prisoner has been released and is now back home. We, as the IFP, call on the United States government to adhere to the 2005 UN ruling that their arrest and imprisonment was not only arbitrary, but also in violation of international law.
United States-Cuban relations have been thorny for a very long time and this has resulted in strained talks on many issues, including trade, immigration and political ideology. The arrest and imprisonment of the Cuban Five has even been described as political persecution, having nothing to do with actual empirical evidence and more to do with prejudicial issues.
In 2005, their convictions were even overturned and a new trial ordered. However, the US government appealed that decision and their convictions were reinstated. Over 15 years have passed and three of the five still remain behind bars. Despite calls from many parliamentarians around the world, the US still refuses to release them.
We call on the government to set these men free and send them home to their families. This would send a message to the Cuban government that the US is ready to work with and not against them. This may pave the way for talks on trade and other important regional issues to be discussed, while, it is hoped, bridging the political and ideological gap that exists between these two countries.
These men have been punished enough, and we ask the United States to hear the calls of not only the international community, but also of their own people, which include those of Cuban descent.
This issue has dragged on long enough and must be resolved. The men must be sent home. Their unjust imprisonment will continue to be one of the many stumbling blocks to peaceful diplomatic relations between the two nations. I thank you, Mr Chair. [Applause.]
Mr A M SHAIK EMAM
Mr M A MNCWANGO
Mr A M SHAIK EMAM: Hon Chairperson, let me start by saying I am a little bit surprised and confused because I heard my hon colleague from the DA talk about terrorism all over, yet this terrorist activity taking place in Cuba has been orchestrated in America – but he forgets about that. [Interjections.] [Applause.]
The NFP, at the very outset, expresses its full support for the Cuban Five, whose only mission was to observe and prevent violent terrorist attacks, orchestrated from America, against Cuba. Now, is that not strange? America, which says it is at the forefront of trying to fight terrorism, allows terrorism to be conducted right there in their country and does absolutely nothing about it.
This is another example of power and control that the United States of America wants over the rest of the world. [Interjections.] The detention of Cubans in solitary confinement; the failure to ensure that the trial was free and fair; the failure by the United States government to ensure that the detainees’ family members had the opportunity to visit them; and the United States government paying journalists, resulting in inflammatory statements being made by media houses, must be condemned with the contempt it deserves. [Interjections.]
I would rather not comment. The difference is that in your position, you only want to say what you want to say and hear what you want to hear. [Laughter.] [Interjections.] [Applause.] Perhaps you should spend more time here being productive, proactive and delivering to the people of South Africa rather than fighting each other. Thank you. [Interjections.]
The HOUSE CHAIRPERSON (Mr C T Frolick): Order, hon members!
Mr A M SHAIK EMAM: While the NFP welcomes the release of two of the Cuban nationals, we call on the South African government and all governments across the globe to come together and demand the release of the remaining innocent Cubans ... [Applause.] ... and ensure that all nationals are treated equally, with dignity and respect. We call on the United States to engage with Cuba in diplomatic discussions in the interests of peace and security.
The NFP therefore calls on all to stand together, united in demanding the release of these people and ensuring that no country that claims to be super-powerful will have such control over any another country to the extent that they will persecute people. Thank you. [Time expired.] [Applause.]
The HOUSE CHAIRPERSON (Mr T C Frolick): Hon member, unfortunately, you will have to pass through the DA benches to get back to your seat! [Laughter.]
Mr A M SHAIK EMAM: Thank you! [Laughter.] [Interjections.] [Applause.]
The HOUSE CHAIRPERSON (Mr T C Frolick): Order, hon members! Order!
Mr M L W FILTANE
Mr A M SHAIK EMAM
Mr M L W FILTANE: Hon Chairperson and members, the UDM believes in productive engagement with all the people of the world, in order to improve the prospects for peace, cultural enrichment and the economic wellbeing of the people, both here at home and anywhere else in the world. That’s our basic position.
Furthermore, we strongly believe in the vital importance of the United Nations and its constituent bodies. They should create a new world order, in order to meet the aspirations of humankind – a new world order that recognises all member states equally, not what is currently happening. Currently, there are member states that enjoy more power than others and therefore tend to bully, as is the case with the United States.
In this regard, the UDM will enthusiastically support the United Nations and its agencies. It will move fully for full co-operation with such bodies in pursuit of regional and world peace; the total elimination of social and economic inequalities; and the eradication of human rights violations. These are social ills that continue to plague our society, as we can see in the case of the three remaining detainees.
Our international relations must foster the prospect for and the promotion of universal human rights, justice and democracy. We expect our international relations department to move in that direction. Accordingly, the UDM supports and joins the over 350 communities that have been established throughout the world demanding the immediate freedom of the three. We hope René is really free and enjoying his freedom with his family and the people of Cuba.
This is made more urgent by the decision of the United Nations Working Group on Arbitrary Detention, whose five judges ruled in May 2005, that there were irregularities in the Cuban Five’s trial, effectively denying them a fair trial. The working group, in its only decision regarding a trial in the States, calls on the United States government to remedy the injustice. We believe that their freedom will not depend only on the arduous work of their legal team, but, just as importantly, on public support – and this is why we are here – including that of this House, representing the citizens of our country.
Our resolution here today will add to that of many other parliamentarians of the world, including those from Britain, Italy, Europe and Latin America. We also call on the government of the United States to lead by example in democracy and the fight against the violation of human rights. I thank you.
MR M S A MASANGO
Mr M L W FILTANE
MR M S A MASANGO: Hon Chair, I am singularly honoured and privileged to join the debate on calling for the immediate release and freedom of the remaining three of the Cuban Five, as well as the lifting of the economic, commercial and financial embargo imposed by the United States against Cuba.
There is no gainsaying that the Cuban government contributed immensely towards our own freedom and democracy before 1994. Cuba used the United Nations organisation’s platform, the Non-Aligned Movement, as well as the International Socialist League, and many other international fora, not just to call for the immediate release of President Nelson Mandela and other political prisoners, but also for an end to the vexatious system of apartheid.
South Africa entered into full diplomatic relations with Cuba on 11 May 1994. Cuba continues to assist in the human resource development of South Africa and the African continent, in general, through the African Union. There are hundreds of students who have been sent to Cuba to study towards a medical professional career. Cuba has also sent their own medical practitioners to South Africa, most of whom have worked in the rural areas.
As hon members would be aware, doctors trained in Cuba have a good and positive orientation towards working with rural people in the rural areas. In South Africa there is a great need to deploy more doctors to the rural areas.
Let us also accentuate the fact that Cuba has deployed its best engineers to assist in the building industry in South Africa and on the whole African continent. So, it means that Cuba is still in partnership with us in the reconstruction and development of the African continent.
The Cuban Five are highly regarded Cuban heroes who are seen to be defenders of Cuba’s national sovereignty. They are unjustly imprisoned in the United States, having been arrested by the FBI on 12 September 1998. I was surprised that the hon Mokgalapa of the DA spoke about terrorism, generally, and about human rights violation no the continent and everywhere else in the world. I think it is unfair to link the Cuban Five with general terrorism, with human rights violations. They have nothing to do with that. In this debate, we are focused and pointed. We want the immediate release of the Cuban Five. [Interjections.]
Let it be remembered that Fernando González and Hernández Nordelo were part of the Internationalist Cuban Brigade that fought to preserve Angola’s independence against the invading South African apartheid forces in 1988-89. These combined Cuban, Popular Movement for the Liberation of Angola, MPLA, South West Africa People’s Organisation, Swapo, and uMkhonto weSizwe, MK, forces inflicted a shattering and an ignominious defeat on the then apartheid South African Defence Force.
It is our considered view that the continued incarceration of the Cuban Five - presently three of them - in the US prisons is a gross violation of their human rights. It is also immoral to continue to hold them in prison against a legal opinion expressed by the five-member UN Working Group judges. We have also noted that over many years, the wives and children of some of these prisoners were not allowed entry into the United States by the US authorities.
I hope that the USA itself is fully aware that this practice is a blight on its own human rights credentials. As we know, the USA produced human rights activists, such as the late Dr Martin Luther King Jr, Malcom X, Rosa Parks, and many other civil rights activists, who would have joined the international community calling for the immediate release of the remaining three of the Cuban Five.
With regard to the blockade, we accordingly call upon the US government to lift the economic, commercial and financial embargo it has imposed on Cuba for the last 50 years. As a highly respected member of the United Nations, the USA should comply with the UN Resolution 67/4 entitled, Necessity of ending the economic, commercial and financial blockade imposed by the United States of America against Cuba.
The economic blockade of Cuba has not only crippled its possibilities for development and economic growth, in general, but also violates its territorial and sovereign integrity. The economic blockade is indeed very bad for Cuba. As a result, the Zuma Presidency has explored alternative commercial and co-operative ventures with countries like Bolivia, Cuba and Venezuela. In February 2012, for example, South Africa extended a R350 million Cuban Assistance Package Agreement, which included credit lines to stimulate greater bilateral trade.
Cabinet saw this gesture as a reciprocation effort and a modest contribution by South Africa, given the massive assistance and sacrifice by Cubans for South Africa’s liberation and postapartheid human resource development programmes, which has been noted. Parliament approved the agreement for ratification at the end of 2012. Because, politically, this agreement is the first of its kind that South Africa has signed with any of its partners, the Cabinet should be applauded for this.
Sadly, this assistance has not been able to reach Cuba. There are no channels through which this assistance package can be delivered to Cuba because of the financial embargo. This aid initiative appears motivated less by narrow commercial gains and more by solidarity with the Cuban people for their decades-long support for the anti-apartheid struggle.
The ANC has always called for the creation of a humane, equitable and just world order. We believe that the United States has a sufficiently big heart to be magnanimous in its approach to Cuba. After all, the erstwhile Cold War tensions have long ended. Our position as Parliament should be that it is immoral, unfair and undesirable to continue to incarcerate the remaining three of the Cuban Five, and to continue to impose the trade embargo on Cuba.
We believe that the USA government should not ignore the call made by the International Committee for the Freedom of the Cuban Five; hundreds of parliamentarians in the whole world, including Britain, Italy, the Latin American parliaments and European Union parliaments; non-aligned movements; the African Union; Friends of Cuba South Africa; and the 47 communist parties who met in São Paulo on 23 November 2008 to make this call. We welcome the release of the two of the Cuban Five.
As I conclude, I recommend that this House, inspired by moral and human rights considerations for the Cubans, passes a resolution: Firstly, a call for the immediate release of the remaining three of the Cuban Five; secondly, that our government persuades the US government to lift the economic, trade and financial embargo against Cuba, as per the UN 67/4 General Assembly Resolution; thirdly, that Parliament supports government efforts to increase trade between South Africa and Cuba; and fourthly, that Parliament supports the programme of training medical professionals or doctors from South Africa in Cuba.
Therefore I want to say to the hon Maimane ...
IsiNdebele:
Mhlonitjhwa Maimane, uyabona-ke manje ukuthi i-ANC isafana? Ngitjho kini abadume ngokuthi nithi: “I-ANC ayisafani.” I-ANC kaMandela, kaMbheki noZuma, nekadeni ibigade isoloko ilwela ukutjhatjhululwa kwabatjhotjhozeli, iinkutani, iinkakaramba ze-Cuba esoloko zabotjhwa ngejele le-Amerika.
I-DA nayo isafana. I-DA ka-Toney Leon no-Helen Zille ayitjho litho. Ihlalele ukujikajika nakumele bona izibandakanye nejima lamaphasi woke elilwela ukutjhajhululwa kweenkutani, kweenkakaramba ze-Cuba. Ngalokho-ke kusepepeneneni bona i-DA isafana.
Ngokunjalo i-ANC nayo isafana ngoba nanamhlanje isaragela phambili nokulwela ukutjhatjhululwa kwenkakaramba ze-Cuba. Gadesi kungakho kwenzekile kobana phezu kwenkakaramba eziHlanu ezazibotjhwe nge-Amerika, ezintathu zazo selezitjhatjhululwe. Ngiyathokoza. [Ihlombe.]
Ms D CARTER
Mr M S A MASANGO
Ms D CARTER: House Chairperson, the Cold War ended with the fall of the Berlin Wall, and although tensions between Russia and the West are rising once again, people of good conscience should do the right thing to normalise previously strained relationships.
Like the 100 or more British Members of Parliament who, on 6 March this year, united across the political divide to ask for the release of the Cuban antiterrorist fighters - the so-called Cuban Five - languishing in prison in the US since 1998, we too should join the good cause for a good purpose. The idea of an all-party parliamentary group is a very good one, and deserving of emulation in our country.
By all accounts, the Cuban Five were attempting to stop terrorist action against Cuba by militant Cubans in the USA opposed to Castro. The case of the Cuban Five is strongly mired in the politics of 20 years ago. In view of the new rapprochement and the changing geopolitical circumstances, there is great merit for the remaining three to get their freedom. Their release will lay the foundation of better neighbourliness and make for an infinitely better tomorrow.
There were many in our country, and abroad, who supported the release of our beloved President Nelson Mandela. His release triggered a change for the good that reverberates throughout the world. Doing the right thing for the right reason at the right time exponentially improves the benefits inherent in such decisions.
World sentiment in support of the Cuban prisoners is growing and we wish to add our voice to the call. Let us emulate the British Members of Parliament and collectively sign a petition for their immediate release. I thank you. [Applause.]
Mr M P GALO
Ms D CARTER
Mr M P GALO: Hon Chair, the AIC fully supports the struggle by the national committee to free the Cuban Five, because of the fact that they were wrongly accused and unjustly convicted. These men, who prevented terrorism, do not belong to prison.
Are reporters for hire? Evidence revealed by the national committee at the press conference held on 2 June 2010 at the National Press Club, in Washington, DC, indicated that the US government covertly paid tens of thousands of dollars to Miami journalists working for major media outlets in the world. This is a clear indication that the western imperialists cannot be trusted, in any respect.
In conclusion, hon Chair, the AIC will mobilise its members and supporters to sign a petition to President Barack Obama to free the Cuban Five, with immediate effect. I thank you. [Applause.]
Ms S V KALYAN
Mr M P GALO
Ms S V KALYAN: House Chairperson, the DA is not entirely surprised at this resolution because the ANC is well-known for its affinity to anything Cuban, especially Cuban cigars and Cuban rum. [Interjections.]
Now, while we can discuss the merits of the Cuban Five case at length, and how they were arrested, tried and sentenced on allegations of terrorism, let’s look at a new kind of terrorism at play in Africa. This is the terrorism on women and children.
The abduction of children in Nigeria by Boko Haram is but one example. Why have we not debated that issue? [Interjections.] What interaction has South Africa had with Nigeria on this issue? It is frightening to think of what these girls are going through. [Interjections.]
South Africa currently has no legislation for the criminalisation of hate crimes. On 9 September 2013, the Lesbian, Gay, Bisexual, Transgender and Intersex, LGBTI, task team met. During that meeting, the Deputy Minister of Justice, the hon John Jeffrey, said that a Bill on hate crimes will be tabled in 2014. In the meantime, the incidence of corrective rape is escalating, as is the brutality of the act itself.
On Friday 15 August, Gift Makau was raped, strangled with wire and a shoelace, and had a hosepipe shoved down her mouth into her stomach. In this month of celebrating women, why are we not focusing on urgent solutions to address this terror on women and children? [Interjections.]
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon Kalyan, will you just take your seat, please?
The DEPUTY MINISTER OF BASIC EDUCATION: House Chairperson, the Rules provide very clearly that, in a debate, a speaker is obliged to speak in a manner that is relevant to the topic under discussion. [Interjections.] It appears that there is no sense or absolutely any relationship ... [Interjections.]
The HOUSE CHAIRPERSON (Mr C T Frolick): Order, hon members!
The DEPUTY MINISTER OF BASIC EDUCATION: ... between the subject matter under discussion and what the hon member is addressing. I therefore urge the hon Chair to draw her attention to this. [Interjections.]
The HOUSE CHAIRPERSON (Mr C T Frolick): Thank you, hon member. Yes, hon Chief Whip?
The CHIEF WHIP OF THE OPPOSITION: Hon House Chair, the resolution talks about human rights. The hon Kalyan is addressing herself to human rights. Just because they are not the human rights of the Cuban Five is not going to diminish the debate.
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon member, that is not a point of order. I was still going to rule on that matter, and you make a ruling instead. Thank you for the assistance, but it is not helpful, at this stage. Hon Kalyan, continue with your speech in line with the topic, please.
Ms S V KALYAN: South Africa is an affiliate of the Inter-Parliamentary Union, IPU. Why do we not discuss the IPU Human Rights Committee Report on the imprisonment of mainly opposition Members of Parliament? The main thrust of this resolution is the violation of human rights. Well, let’s talk about human rights.
The Human Rights Watch report states that Cuba remains the only country in Latin America that represses virtually all forms of political dissent. Raúl Castro continues to enforce political conformity, using short-term detentions, beatings, public acts of repudiation, travel restrictions and forced exile. Why does the resolution not talk to the horrific situation of political prisoners in Cuba, and call on Castro to do the right thing and allow freedom of expression, as well as call for the release of political prisoners in Cuba? [Interjections.] Let’s talk about human rights.
Human rights of gay and lesbian people in Uganda were recently trampled upon by the passing of archaic legislation. What was South Africa’s response? It said that it took note of these developments and would seek clarification. Well, what’s that? It’s a nothing response! Thank goodness the Bill was declared invalid on the grounds that there was no quorum in the House at the time of the vote. This begs the question: Why was there no quorum? Well, the Ugandan Members of Parliament voted with their feet. That’s why.
In June 2014, three Al Jazeera journalists were found guilty and imprisoned on charges of aiding the Muslim Brotherhood.
Mr J M MTHEMBU: House Chairperson, can the hon member take a question on the Cuban Five? [Interjections.]
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon member, are you prepared to take a question on the Cuban Five?
Ms S V KALYAN: No - but thank you for asking. Al Jazeera’s managing director said that his colleagues were sentenced despite not a shred of evidence found to support the extraordinary and false charges against them. Why are we silent on that issue? I am in no way demeaning the plight of the Cuban Five. It must be extremely heart-breaking for the wives not to visit their loved ones because they have been denied visas to the US.
Hon Shaik Emam’s response and attack on the hon Mokgalapa is quite amusing. He has become the ANC’s praise singer today and I tell you, if I had closed my eyes I would have thought that the hon Bhoola from the MF was addressing us. [Laughter.] [Applause.] The work of our Parliament, however, is to address the plight and issues of South Africans first. We should be prioritising the wave of terrorism that is threatening our country. [Interjections.]
The HOUSE CHAIRPERSON (Mr C T Frolick): Hon Kalyan, let me take this point of order from the hon member. What is your point of order?
Mr A M SHAIK EMAM: Chairperson, my point of order is that the hon member is actually clearly questioning my integrity when she makes a statement of the nature which seems to be the statement from the DA, at large, only because one does not agree with them. [Interjections.]
The HOUSE CHAIRPERSON (M C T Frolick): Hon member, take your seat please. Continue with your speech, hon member. [Laughter.]
Ms S V KYALAN: Chairperson, as I was saying, Aspiration 3 of the 2063 Agenda, emphasises an Africa of good governance, respect for human rights, justice and the rule of law. Let’s get that right before we busy ourselves with the Cuban Five issue. Thank you. [Applause.]
The CHIEF WHIP OF THE MAJORITY PARTY
Ms S V KALYAN
The CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, all freedom-loving South Africans represented within parties in this House must take note of the speakers in this House - particularly in this debate - who mouth platitudes of freedom while they steadfastly refuse to make one simple call. We are not expecting you to say anything or do anything. Just make the call for people to be freed.
All over the world, when we – other than yourselves - were in detention, South Africans and other people in the world made a call for us to be freed. [Applause.] Every day you tell us how much you love Mandela but how many of you were on the other side when he was in detention and in prison? [Applause.] [Interjections.] Exactly, today!
At some point when Cuba is eventually free, some of you will love those cigars you that you talk about. [Interjections.] We are not applying for cigars. We are applying for the freedom of the Cubans from the American prisons. [Interjections.] Can I tell you why you think it is free democracy to refuse to call for the freedom of the Cuban Five? Let me tell you why!
Hon members, I stood at this podium and reminded you all that the hon Zille, the leader of the DA, had written an article indicating that she had met with Henry Kissinger in 2010. In that meeting, Henry Kissinger praised the DA for an internationally significant project that the DA is running in South Africa, where everywhere else in the world other people are struggling. You know why? We give them the space to speak their minds and do whatever is within the law. Today we are asking them for a simple call to free the Cuban Five. Guess what? They refrain because they want to please their masters in America. [Applause.]
When Comrade Bhoola stood at this podium and agreed with the ANC, guess what? These members of the DA used to say to him he was applying for a seat in the ranks of the ANC. Guess where hon Bhoola is today? Today, he’s a sheikh. Do you think that he is applying for a job simply because he agrees with us? Are you going to say the AIC is applying for a position? Are you going to say the EFF is applying for a position? What position are you applying for? [Interjections.]
Can I ask the House to go through the points that have been raised by hon Masango and agree to the passing of this resolution? I ask the Speaker to make sure that a delegation from this House goes to meet the Ambassador of Cuba first and to deliver this resolution - and also talk to our government to move beyond just this resolution to make sure that the Cuban Five are free.
Friendship with America is not for sale, and we are not buying it. We want the freedom of the Cuban Five. That is all we want. Thank you very much. [Applause.]
Debate concluded.
Motion agreed to (Democratic Alliance dissenting).
The HOUSE CHAIRPERSON (Mr C T Frolick): I will convey to the Speaker the sentiments as expressed by the hon Chief Whip.
MS D P MAGADZI
THE HOUSE CHAIRPERSON (Mr C T Frolick)
CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF ANNEX IV OF THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF MARINE POLLUTION FROM SHIPS (MARPOL) 73/78 IN TERMS OF SECTION 231(2) OF THE CONSTITUTION – REPORT OF PORTFOLIO COMMITTEE ON TRANSPORT
CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF ANNEX VI OF THE INTERNATIONAL CONVENTION FOR THE PREVENTION OF MARINE POLLUTION FROM SHIPS (MARPOL) 73/78 IN TERMS OF SECTION 231(2) OF THE CONSTITUTION – REPORT OF PORTFOLIO COMMITTEE ON TRANSPORT
MS D P MAGADZI: House Chair, the ANC, at its 53rd Conference in Mangaung stated, Climate change has a negative economic and social impact on the lives of the people and, in particular, the most vulnerable. The resolution noted further that we hosted the World Summit on Sustainable Development, WSSD, and the Conference of the Parties, Cop17, to contribute towards a just and fair world that protects its environment and promotes sustainability.
The President of the Republic, the hon J Z Zuma, launched the Operation Phakisa project which will open avenues to greater economic benefits in the marine sector, especially with regard to, amongst others, shipbuilding and repairs. It will also create much-needed Green and Blue Economy jobs.
The committee, having engaged and interacted with the department, believes that, in line with the 53rd conference resolution, Annexes IV and VI of the International Convention for the Prevention of Marine Pollution from Ships, Marpol, will go a long way towards contributing to this ideal of the President of the Republic.
In 1984, the government adopted the Marpol Convention 73/78 Annexes, with the exclusion of Annexes IV and VI. It is within this context that the Portfolio Committee on Transport requests Parliament to adopt Annexes IV and VI.
Annex IV addresses the discharge of sewage from ships. This refers to urinals, medical waste, the drainage of life, animals, and other related matters, that can pollute our waters. This annex demands that the ship must drain waste at the waste-designated areas at port terminals. It also requires that there must be a survey and inspection done regularly on the ships as they arrive in port.
Annex VI deals with the prevention of pollution by air from ships. This annex sets the limit to the emission of sulphur and nitrogen oxides from the exhausts of ships. It also allows the port authority to have designated emission areas in every other port in South Africa.
We believe that if the House approves these annexes, as tabled, it will assist the government of the Republic to take the maximum benefit, economically. Not only will it protect our environment and address the climate changes, as we are experiencing them, but also go a long way in terms of job creation. As the committee, we therefore request the House to approve the annexes as tabled before this House. I thank you, House Chairperson. [Applause.]
There was no debate.
Annex IV of the International Convention for the Prevention of marine Pollution from Ships (Marpol) 73/78 approved.
Annex VI of the International Convention for the Prevention of marine Pollution from Ships (Marpol) 73/78 approved.
The House adjourned at 18:14.
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