Hansard: NCOP: Unrevised Hansard
House: National Council of Provinces
Date of Meeting: 15 Mar 2016
Summary
No summary available.
Minutes
UNREVISED HANSARD
TUESDAY, 15 MARCH 2016
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PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
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The Council met at 14:04.
The Deputy Chairperson took the Chair and requested members
to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col
000.
NOTICES OF MOTION
Mr M RAYI: Hon Deputy Chairperson, I move on behalf of the
ANC that in the next sitting of the Council, the Council
debates the decriminalisation of sex work.
On Friday, 11 March 2016, the Deputy President released a
detailed health plan to ensure that sex workers have better
health care. The plan indicates that sex workers will now
receive antiretrovirals as soon as they test HIV-positive.
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The Global Fund to Fight AIDS, Tuberculosis and Malaria has
allocated about R200 million to fund this health plan.
The law reform commission which investigated whether the
law that makes adult sex work illegal has to be changed,
held hearings in 2002 and accepted submissions in 2012. The
comments about the plan from NGOs that work with sex
workers were very positive, but they all agree that a
health plan without decriminalisation was going to be
limited in effect. I therefore move that the House debates
the decriminalisation of sex work.
Ms E C VAN LINGEN: Hon Deputy Chairperson, on behalf of the
DA I hereby wish to move a notice of a motion that the
Council notes that the Eastern Cape Department of Basic
Education had to return R530 million of its infrastructure
grant to National Treasury as unspent funding. This is a
clear indication at national level there is recognition for
the urgent need for facilities in this province.
However, at provincial level there is no effort or a lack
of implementation, construction and provision of such
facilities. A good example is the Jeffreys Bay
Comprehensive High School which was opened with great
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fanfare in July 2015 as technical high school, starting
with grades 8, 9 and 10. Not a single of the four workshops
had been built in this financial year. Nothing has been
planned for the next financial year or the following
financial year. For the province with the lowest matric
pass rate in the country — which has dropped to a low for
2015 at 56,8% despite the MEC‘s predictions of a 75% pass
rate — this is not acceptable. Urgent decisions will have
to be taken in terms of the Eastern Cape Department of
Basic Education‘s ability to manage this portfolio and its
budget.
We move that that this House urgently debates the above.
Ms B ENGELBRECHT: Deputy Chairperson, on behalf of the DA I
hereby wish to move with notice that the House debates the
lack of water provision in the Hammanskraal area of
Tshwane, with specific reference to the problems associated
with the existing water waste treatment works in Tshwane.
Mr SMIT: Hon Deputy Chair, there is a misunderstanding: I
thought it is first motions without notice, so I want to
... [Inaudible.]
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Ms T G MPAMBO-SIBUKWANA: Deputy Chairperson, on behalf of
the DA I hereby wish to move with notice that the House
debates the ongoing abuse of the elderly, of unauthorised
deductions from South African Social Security Agency,
Sassa, grant beneficiaries‘ accounts and their
constitutional right to access social security in terms of
section 27(1)(c).
Mr F ESSACK: Hon Deputy Chairperson, on behalf of the DA, I
hereby wish to move with notice that this House debates the
corruption in the land administration sector and the
economic impact of unproductive land on job creation.
Mr C HATTINGH: Hon Deputy Chairperson, on behalf of the DA
I hereby wish to move with notice that the House debates
the concern that more than R650 million that should have
been used for student loans and bursaries have not yet been
allocated two weeks before the end of the financial year
and as we end the first academic term. This is happening
while students are not only protesting because of a lack of
funding, but also while thousands of poor students are
being left without the financial means to study and are
being denied an opportunity to acquire a tertiary
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qualification, thus killing all hopes of a dream of a
better future.
CONGRATULATIONS TO MRS CANDICE ABRAHAMS
(Draft Resolution)
Ms B ENGELBRECHT: Deputy Chairperson, I move without
notice:
That the Council —
(1)
notes and congratulates Mrs South Africa Candice
Abrahams from
Johannesburg on winning the coveted
Mrs World title in China;
(2)
further notes that once again a South African has
reached her dream to educate, empower and encourage;
(3)
wishes her every success in the year ahead.
Agreed to.
LOCAL MUNICIPALITIES PLAGUED BY VIOLENT PROTESTS
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(Draft Resolution)
Mr C F B SMIT: Deputy Chairperson, I move without notice:
That the Council —
(1)
notes that Mogalakwena Local Municipality,
Mookgophong Local Municipality and Modimolle Local
Municipality are burning as we sit here today;
(2)
further notes that violent protests are plaguing
these municipalities and the mayors of these
respective municipalities‘ houses were either put
ablaze or were vandalised and sprayed, and full of
sewerage;
(3)
calls on the national Minister of Co-operative
Governance and Traditional Affairs, Cogta, the MEC
of Cogta, the Premier of Limpopo to immediately
intervene to salvage this situation before it
turns into anarchy.
The DEPUTY CHAIRPERSON OF THE NCOP: Is there any objection
to the motion? Yes. In light of the objection, the motion
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may not be proceeded with. The motion without notice will
now become notice of motion.
GAUTENG DEPARTMENT OF HEALTH INTENDS DISPLACING MENTAL ILL
PATIENTS
(Draft Resolution)
Mr V E MTILENI: Deputy Chairperson, I move without notice:
That the Council —
(1)
notes that the Gauteng Department of Health intends
displacing at least 2 000 mental ill patients, as a
result of its announcement to cancel its contract
with a mental health care facility, which is Life
Esidimeni‘s Waverly;
(2)
realises that contract is apparently cancelled due
to unaffordability, yet it is the same Gauteng
department that is subsidising e-tolls which has
been rejected by the people of Gauteng costing
billions of rands, but it does not have funds to
provide health care to 2000 mental ill patients;
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recognises the blatant disregard of this ANC - led
government to provide decent health care for the
poor masses of our country, and it has made it
painfully clear that those government programmes
that provide services to the poverty stricken in
our country must be prioritised for budget cuts
and those funds are redirected to government
programmes, such as e-tolls;
(4)
denounces such actions against our poor and
vulnerable; and
(5)
calls on the people of South Africa to reject theever promising and never-delivering ANC-led
government at the voting polls; and that the EFF is
our last hope for jobs and service delivery.
The DEPUTY CHAIRPERSON OF THE NCOP: Hon members, is there
any objection to the motion? Yes. In light of the
objection, the motion may not be proceeded with. The motion
without notice will now become notice of motion.
Mr F ESSACK: Deputy Chairperson, on a point of order. I
missed the last part, did the previous speaker say that the
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DA is the last hope for job creation in South Africa?
[Laughter.]
The DEPUTY CHAIRPERSON OF THE NCOP: That is not a point of
order.
ESCALATING NUMBER OF DEATHS ON SOUTH AFRICAN ROADS
(Draft Resolution)
Ms T G MPAMBO-SIBHUKWANA: Deputy Chairperson, I move
without notice:
That the Council —
(1)
notes that the escalating number of deaths on South
African roads is a cause for concern especially
during the respective South African public school
recess period such as the up coming Easter weekend;
(2)
calls on the Minister of Transport to present the
department‘s plan and strategy to this Council on
how they plan to combat drunk and reckless driving
during the Easter weekend.
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The DEPUTY CHAIRPERSON OF THE NCOP: Hon members, is there
any objection to the motion? Not agreed to. In light of the
objection, the motion may not be proceeded with. The motion
without notice will now become notice of motion.
DA PLEASED WITH THE HIGH COURT’S DECISION ON AL-BASHIR
MATTER
(Draft Resolution)
Mr J W W JULIUS: Deputy Chairperson, I move without notice:
That the Council —
(1)
notes that the DA is pleased that the supreme court
of appeal had this morning dismissed the state‘s
request to appeal the Omar al-Bashir matter that
caused international embarrassment when our
government facilitated his fleeing of the
jurisdiction despite domestic and international law
prohibiting them from doing so.
The DEPUTY CHAIRPERSON OF THE NCOP: Hon members, is there
any objection to the motion? Yes. In light of the
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objection, the motion may not be proceeded with. The motion
without notice will now become notice of motion.
CONSIDERATION OF REPORT OF THE SELECT COMMITTEE ON SOCIAL
SERVICES – DRAFT REGULATIONS, SUBMITTED ON 4 JUNE 2015 IN
TERMS OF SECTION 43(4)(A) OF THE PREVENTION AND COMBATING
OF TRAFFICKING IN PERSONS ACT, 2013 (NO 7 OF 2013), AND THE
DIRECTIVES SUBMITTED TO PARLIAMENT ON 4 JUNE 2015 IN TERMS
OF SECTION 44(7)(A) OF THE PREVENTION AND COMBATING OF
TRAFFICKING IN PERSONS ACT, 2013 (NO 7 OF 2013)
Ms L C DLAMINI: Hon Chair, my greetings to the Minister,
MECs from different provinces, especially my MEC from my
beautiful province, hon Kholwane, special delegates and hon
members. Hon Chair, there is no person who can take EFF
seriously as the last hope, reason being that they don‘t
take business of the people serious. You can see, he is the
only one in the House. The rest of them are not here. So,
no normal person would take them serious. Hon Chair, in
August 2013, President Jacob Zuma ...
The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): Hon
member, on what point are you rising?
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Mr V E MTILENI: I don‘t know if you are allowing this
personal attack on me as a member of the EFF.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): Is that a
point of order?
Mr V E MTILENI: Yes, it‘s a point of order.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): That point
of order is ... [Interjections.]
Mr V E MTILENI: I am asking if you are allowing this
personal attack on me?
The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): The point
of order is not carried because this is a matter for
debate.
Mr V E MTILENI: Okay.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): Continue,
hon member.
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Mr V E MTILENI: So, let me inform her that other members
are coming. They are on their way. They are not absent.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): Hon
member, can you take your seat?
Mr V E MTILENI: They are just right outside. They are
coming.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): Can you
take your seat, hon member?
Ms L C DLAMINI: Chair, nobody will ever take seriously
people who are always late or absent in their meetings. In
August 2013, President Jacob Zuma signed the first South
African comprehensive anti-trafficking law in Prevention
and Combating of Trafficking in Persons Act. The new law
provides for the fines of up to R100 million or
US$9 million. However, the actual number of people
trafficked is difficult to estimate, hon Chair, reason
being that there is a wide difference from different
sources.
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The lack of a centralised database of human trafficking and
legislative shortcomings that hindered prosecution were the
main reasons why a true reflection of the situation was
difficult to establish. It is difficult to get actual
statistics, but it is clear that human trafficking does
take place. We also know that there is an agreement on the
reasons why people are being trafficked. Most victims of
trafficking are used for forced labour, forced marriages,
sexual exploitation, organs trafficking, mutilations and
drug mules.
It is against this background that the Select Committee on
Social Services invited the Department of Social
Development to present on the draft regulations. It should
be noted, however, that trafficking regulations were tabled
in Parliament on 4 June 2015 and it was automatically
deemed approved by Parliament because there were no
comments or feedback from Parliament, and it is assumed
approved if after 30 days, there is no such.
Consequently, the regulations were deemed to be already in
force, and the department is required to act on them. On
that note, the presentation to the Select Committee on
Social Services was to provide progress made so far in
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terms of the implementation by the department. This was
done on 16 February 2016.
South Africa is a signatory to a number of international
agreements and therefore, it must pass and abide by these
international legislative frameworks. The draft regulation
gives effect to the United Nations Protocol, aiming to
prevent, suppress and punish human trafficking, especially
of women and children. It is also planned to supplement the
UN Convention against Transnational Organised Crime, TOC.
According to the Department of Social Development, this Act
was the first piece of legislation that addresses the needs
of the victims of trafficking in persons. It addresses
Victims Empowerment Programmes and set up measures to
protect and serve victims in dedicated facilities. In this
regard, the Department of Social Development has developed
a policy framework called Quality Trafficking Persons
Framework in line with the Prevention and Combating of
Trafficking in Persons Act, Act 7 of 2013. The policy
framework seeks to regulate the procedures with which
social services or social providers, organisations and
institutions need to comply. It goes further to address the
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broad compliance and non-compliance issues of management in
the organisations.
The Department of Social Development provided a
comprehensive briefing on the regulations in terms of
prevention and combating of trafficking, as well as
progress.
Members of the select committee, after the presentation by
the department raised a number of clarity seeking questions
and comments with the Department of Social Development.
These include, amongst others: Skills development – what
kind of skills development provided to victims of
trafficking to cope with the trauma associated with being a
victim of human trafficking? How the department monitors
the impact of its programmes it is making in communities?
Issues such as community involvement on issues around human
trafficking were important. Therefore, what is it that the
Department of Social Development is doing to ensure that
communities are well informed of their roles in addressing
human trafficking?
Members also raised issues of children being killed for
body parts because some believed that this would bring
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wealth to them. An example was made; about 200 people were
allegedly trafficked in Engcobo in the form of a church,
education and work. The department stated that provincial
interventions were underway by the provincial government in
the Eastern Cape, but members also wanted to know the role
of the national department – what are they doing to support
the province in terms of that. Also, the Department of
Social Development was requested to respond on taking note
of issues around mutilated human trafficking in the Eastern
Cape and Limpopo. This, was because in the report, Limpopo
and Eastern Cape were not included. Therefore, members
indicated that those two provinces must be also included.
In terms of voting, it was highlighted that voting on the
regulations was a formality or compliance matter because
the 60 days for Parliament to comment had lapsed.
All members of the select committee agreed and supported
the regulations, except of course, hon Mathys who
abstained. We were not surprised because they reject
everything. I am sure they also reject the oxygen that they
breathe. You don‘t know whether is it because they benefit
...
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The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): On what
point are you rising on, hon member?
Mr V E MTILENI: Yes, point of order, Chairperson! May you
please ask hon Dlamini not to deviate from her speech, and
concentrate on the speech?
The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): No, that‘s
not a point of order, hon member. Can you take your seat?
Mr V E MTILENI: I think she is being wayward now.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): No, that‘s
not a point of order. Can you take your seat?
Mr V E MTILENI: I think she is being wayward.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): Hon
member, can you take your seat?
Mr V E MTILENI: I like it that every time, she looks into
paper she thinks of EFF members.
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The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): Hon
member, can you take your seat?
Mr V E MTILENI: Thank you so much.
Ms L C DLAMINI: Yes, because they are wasting people‘s
time. We don‘t know whether she abstain because they are
benefiting from trafficking, or is it because they
themselves participate. I am saying ―or‖ because they
participate in the trafficking or they just don‘t care
about the victims to be protected. So, we don‘t know, but
the committee agreed.
In conclusion, some of the committee members were not
convinced that it was possible for the department to
conclude, as a result of the implementation pace.
The committee felt that it would like to visit some of the
facilities in different provinces, where the victims are
kept and look at the standard. We, therefore, submit to the
House for consideration. Thank you very much. [Applause.]
Debate concluded.
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Declarations(s) of vote:
Ms T G MPAMBO-SIBHUKWANA: Hon Chairperson, section 43(4)(a)
of the Prevention and Combating of Trafficking in Persons
Act of 2014 states that a crime in its nature is hidden and
does not lend itself to the normal identification by
service providers acts of mobilisation. To us this means
exploitation. We, the Western Cape, wish to state crystal
clear that trafficking affects the poor, the desperate,
uneducated, marginalised and unprotected. It is imperative
that we raise awareness of the rights, lack of awareness of
risk, absence or weakness of protective organisation,
household insecurity, inadequate legal protection and
survivor vulnerability.
Chairperson, currently we do support the Prevention and
Combating of Trafficking in Persons Act which aims to deal
with the issue at national level. However, as the Western
Cape, we find it fit to increase victim support services,
support and referral systems on programmes, public
education initiatives, continuous research as spearheaded
by the child protection in social development to implement
strategies. Chairperson, Statistics SA show that at least
193 people were trafficked in South Africa from January to
December for unjust purposes ranging from sexual
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exploitation to forced labour, forced marriages at the
expense of cultural practices such as ukuthwala which
infringes on one‘s freedom of choice and ones freedom of
association. This includes the mutilisation of body parts
with the misguided belief that one will become wealthy as a
result of it. As Western Cape citizens we feel that it is a
cause for concern.
Domestic servitude and forced recruitment of child soldiers
is also underreported and we urge the government to go an
extra mile in investigating potential cases in order not to
deny victims justice. This means more collaborative means
of justice to South African citizens and we could combat
trafficking going this way. We believe that enacting the
implementation of comprehensive antitraficking legislation
that is victim centred will be just the beginning.
Inkolo yesizwe samaNguni ethi ukuthwala ngokufumana
isibindi nentliziyo yomntu ukuze utyebe, ngamampunge lawo.
Mawethu masiqine kumgomo wokuba wonke ubani unalo ilungelo
lokuphila ngokoMgaqo-siseko. Makube chosi, kube hele!
Ndiyabulela, Sihlalo. (Translation of isiXhosa paragraph
follows.)
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[A Nguni tribe belief which says acquiring charisma by
getting someone‘s liver and heart will make you rich, is a
myth. Compatriots let us emphasise the policy which says,
everyone has a right to live as the Constitution says so.
Let it be so! Thank you Chairperson.]
Ms L L ZWANE: Chairperson, in terms of the International
Labour Organisation Global Estimate 20.9 million people
around the world are victims of trafficking in humans or in
persons and these persons are trapped into forced labour
and sexual exploitation. It is also estimated that this
kind of business generates approximately $150 billion
benefiting those that are benefiting from this industry.
Ibhizinisi lokuhweba ngabantu ibhizinisi eliyihlazo. Kumele
kuliwe nalo liqedwe nya ngawo wonke amandla omthetho
nemitheshwana engaba khona futhi engaba nomthelela
wokuvikela izimpilo ikakhulukazi zabesifazane nezingane
zamantombazane ezincane kanye nabesilisa abayizisulu zalabo
okuhwebwa ngabo ngalolu hlobo lokuthengisa ngabantu. Lolu
uhlobo lobugqila banamhlanje. Besithi sesadlula esikhathini
sokudayiswa kwabantu babe yizigqila kodwa lolu hlobo
lwebhizinisi lusho ukuthi abantu basagqilazekile namanje.
Ngakho-ke sikushayela izandla ukuthi uhulumeni oholwa
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nguKhongolose uqhubekile wabona kufanele ukuthi kushaywe
imithetho eqinisekisa ukuthi abantu baleli zwe
laseNingizimu Afrika bavikelekile ekuhlukunyezweni yilabo
ongxiwankulu ikakhulukazi labo abahweba ngabantu behwebela
amanye amazwe. Lokho-ke kuyasikhathaza ukubona ukuthi
bancane kakhulu abantu ababoshwayo noma abagwetshwayo ngoba
bebanjiwe ukuthi bayingxenye yaleli bhizinisi. Ngakho-ke
sikushayela ihlombe ukuthi iKomidi loMkhandlu kaZwelonke
weziFundazwe elibhelele ezeNhlalakahle lihlangene labona
kufanele ukuthi lishicilele le mitheshwana ukuze sidedele
iminyango kahulumeni ethintekayo ukuba isebenze futhi
ivikele abantu.
Asimangali ukuthi kukhona labo abamelene nalo msebenzi
omkhulu kangaka ngoba i-ANC yodwa eyazabalazela ukuthi
abantu bakhululeke. I-ANC yodwa enozwelo ngezimpilo
zabantu. I-ANC yodwa futhi enohlelo lokuvikelwa kwezimpilo
zabantu, abanye bona abazi ukuthi bathini. Ngiyabonga.
[Ihlombe.] (Translation of isiZulu paragraphs follows.)
[The human trafficking business is a shameful business. It
must be combated with all the laws and regulations
available in order to protect the people especially the
women and the young girl children as well as men who are
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victims of this kind of business of human trafficking. This
is today‘s form of slavery. We thought the slavery era has
passed but this kind of business means that the people are
still enslaved. Therefore, we applaud that the ANC-led
government has proceeded and passed relevant laws and
regulations that are going to make sure that the people of
South Africa are protected from the capitalists, especially
those in the human trafficking businesses working for other
countries. What worries us though is that there are a very
few people who are being apprehended or sentenced for being
involved in such businesses. Therefore, we appreciate that
the Select Committee on Social Services met and saw it
proper to publish these regulations so that we can let the
relevant government departments work and protect the
people.
We are not surprised that there are those who are against
this great work because it is the ANC alone that fought
hard for the people to be free. It is the ANC alone that is
sympathetic about the people‘s lives. It is the ANC alone
that has a plan in place to protect the people, others do
not even know what to say. [Applause.]]
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Mr M RAYI: Hon Deputy Chairperson, the Eastern Cape
welcomes the regulations and that it is anticipated that
with the commencement of this regulation South Africa will
see significantly more cases of human trafficking
identified and successfully prosecuted. Human trafficking
is a serious crime in South Africa and up until now the
prevalence of this issue could have been estimated.
Colloquially this crime is described as modern day slavery
and now has its severity reflected in our legislation with
sentences being as sever as life imprisonment or a fine of
up to R100 million. This crime is affecting particularly
women who are victims that are subjected to it in the form
of domestic servitude and males are forced to work in
street banding and food servicing begging criminal
activities. We therefore welcome this particular regulation
because it is important that it serves as a protective
structure to ensure that victims of human trafficking are
given care that they need from various government and
nongovernment role players. So, we welcome the regulation.
[Applause.]
Question put: That the Report be adopted.
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IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZuluNatal, Limpopo, Mpumalanga, Northern Cape, North West,
Western Cape.
Report accordingly adopted in accordance with section 65 of
the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON PETITIONS
AND EXECUTIVE UNDERTAKINGS — HEARING OF THE MALUTI-APHOFUNG PETITION HELD ON 26 AND 27 MAY 2015 AT PARLIAMENT
AND INSPECTION IN LOCO CONDUCTED ON 5 AUGUST 2015 AT
MALUTI-A-PHOFUNG MUNICIPALITY
Mr S G THOBEJANE: Thank you, Deputy Chairperson of the
NCOP. Ministers, Deputy Ministers, members of executive
councils of provinces, MECs, hon members, ladies and
gentlemen, good afternoon. The report I‘m about to present
is going to tell you about the petition received from
Maluti-A-Phofung Municipality.
The petition was served to this Parliament by Mr Sello
Gatebe and Mr Mokoena Matjele on behalf of the people of
Bochabela. On top of that they were then supported by
Morena Tsholo Mopeli ...
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... Morena wa setjhaba sa Phuthaditjhaba, Bokamoso village.
[... Chief of the community of Phuthaditjhaba, Bokamoso
village.]
This petition was served on behalf of approximately 500
families — families that were evicted through a court order
by the municipality of Maluti-A-Phofung Local Municipality.
The petitioners at no stage contested the content of the
court order but at all cost they talked about the violation
of their human rights in the process of them being evicted.
Morena Mopeli and the petitioners informed the committee
that they themselves were under the impression that the
land in question belongs to them. It is in that context
that throughout, Morena Mopeli kept on allocating sites for
residential ... to the people he was leading, up until the
municipality informed them that the land belongs to the
municipality, donated by Public Works to be used by the
municipality.
We are of course of the view that communication between the
municipality and the community is the cause of contention.
The municipality could not have the energy and courage to
engage the community. They spoke to them through, you know,
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a rush rush kind of ... and as you would know the community
is still bleeding from the previous apartheid law of forced
removals. They were very sceptical. They wanted to have a
leadership that would not hesitate to engage them ...
convince them in whatever reasons that caused them to be
moved away from that particular piece of land.
The community that is the community despite ... for
residential ... also to keep their livestock in that
particular part of the province ... and when they were
removed of course there were things that ordinarily if you
look at our Constitution under chapter two ... they were
not supposed to happen. As a municipality you might have
the right to relocate people and to evict people, but at no
stage do you have the right not to take the human rights of
our people into consideration. In winter, in a very icy
environment, families comprised of children, women and the
elderly were exposed to the cold as their shacks ... their
houses were demolished at night during that particular
difficult time.
Of course, we as the Select Committee on Petitions and
Executive Undertakings have continuously been saying that
while we understand that the law should be followed to its
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logical conclusion, the Constitution of the Republic of
South Africa should always be at the centre of whoever has
been given the responsibility to deal with issues of this
nature.
The area that they were relocated to was not developed in
terms of the service delivery expected for normal life. We
are aware that ordinarily when you move people from one
place to another their lives should be better off than
before you moved them to that particular area. They found
themselves being dumped in an area that does not have a
single service that you may think of — no water, no roads
and no infrastructure developed for them. It was within
that context that the committee unanimously — not along
party lines — agreed that we need to make sure that we
discourage the kind of behaviour that we have seen in
Maluti-A-Phofung when they removed people from where they
were residing to a new place.
We had an inspection in loco that informed us and we came
to the following conclusion. Moving forward, the
municipality should ensure that ... respects the law of
this country. The Municipal Structures Act 117 of 1998
provided in section 81 that traditional leaders should be
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part of the municipality, yet in the said municipality
traditional leaders are not part of that particular
council.
We have said again that the municipality should see to it
that it accommodates those families; in fact prioritises
those families when it comes to having its own programme of
building houses. We also said that the municipality should
accommodate evicted families in housing programmes, of
course in a manner that will be fair and just. We said that
because we knew that the municipality already had its own
programme and priorities of its own people. Hence we spoke
about fair and just.
We said that the municipality should clearly ascertain and
determine how many individuals were evicted from those
particular villages we spoke of and for the municipality to
provide the committee with a written submission on how it
arrived at determining that only 39 households were then
evicted. We further said that the very same municipality
should on a quarterly basis provide the NCOP with a report
on changing the lives of those people because we cannot
leave them as they are without them being attended to.
Their lives should be improved and they should feel that
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they belong to South Africa — the South Africa that is
caring. We cannot allow our people to continue thinking of
the previous torturing system of apartheid. This democracy
belongs to the people of South Africa, including those of
Maluti-A-Phofung. We move that this report be adopted by
this august House. [Applause.]
Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZuluNatal, Limpopo, Mpumalanga, Northern Cape, North West,
Western Cape.
Report accordingly adopted in accordance with section 65 of
the Constitution.
CONSIDERATION OF REPORT OF THE SELECT COMMITTEE ON
PETITIONS AND EXECUTIVE UNDERTAKINGS HEARING OF THE
COMPENSATION FOR OCCUPATION FOR INJURIES AND DISEASES ACT
130 OF 1993 PETITION HELD ON 6 MAY 2015 AT PARLIAMENT
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Mr S G THOBEJANE: Hon Deputy Chairperson, once more all
protocol observed. The report I am presenting to you is as
a result of a petition received from Mr Dumzela on behalf
of 22 other disabled ex-miners. Mr Wilson Dumzela is a
disabled ex-miner from the KwaZulu-Natal province. In this
particular petition Mr Dumzela requests the intervention of
the National Council of Provinces by way of amending the
Compensation for Occupational Injuries and Diseases Act 130
of 1993, popularly known as Coida, to ensure that the
compensation of the disabled ex-miners accords and enables
them to lead a quality and dignified life.
In his presentation, Mr Dumzela made mention of the fact
that the said Act continues to discriminate in dealing with
cases affecting our people. And of course in terms of its
historical background the implementation of this particular
law was done in a skewed way, favouring predominantly the
white citizens at the expense of other races in South
Africa. He informed the committee that this Act creates a
disparity whereby some of the ex-miners, amongst those who
are helpless and sitting at home receive compensation, yet
others receive absolutely nothing.
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The disparities in terms of the compensation received by
the disabled ex-miners ranges between R1 000,00 and
R4 000,00 while suffering from the same kind of diseases,
facing the same challenges and having incurred the same
injuries.
It was encouraging to note that one of the stakeholders,
and in this regard, the Department of Labour, acknowledged
that indeed they know of those challenges and they are in
the process of addressing them. They acknowledged that the
reason for the review of the said Act is basically because
of, amongst others, those challenges raised by Mr Dumzela.
It was not only the department that supports the amendment,
Deputy Chairperson; the Rand Merchant Assurance which
administers the funding of those ex-miners also supported
the call for the amendment of the said Act.
The committee agreed, of course after the presentations by
all the stakeholders, that the department should ensure
that the proposed amendments to the Compensation for
Occupational Injuries and Diseases Act are effected, seeing
that the Compensation for Occupational Injuries and
Diseases Act has not been amended since 1993. The
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amendments will greatly benefit those who are negatively
impacted by that particular piece of legislation.
The Department of Labour together with the Select Committee
on Labour and Public Enterprises has to constantly give an
update on the progress they are making in effecting the
amendments in that particular law.
The Rand Merchant Assurance and Compensation Commission to
examine ways in which disabled ex-miners can wholly and
effectually benefit from the projects intended to benefit
them. This came as a result of projects that government has
put in place in trying to encourage this people to
participate in improving their lives. However, at the
ultimate end, it has been realised that the outcomes of
those projects are not helping them that much, hence our
recommendation that they must be implemented in a manner
that will favour the interests of those disabled ex-miners.
The Rand Merchant Assurance, the Compensation Commission
and the department are to ensure that those affected by the
Compensation for Occupational Injuries and Diseases Act
gain a better understanding of the Compensation for
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Occupational Injuries and Diseases Act, their rights and
obligations and the roles of the various role-players.
Hon Deputy Chair, it is necessary because more often we do
have pieces of legislations that in our own understanding
seek to address the challenges of our people, but we do not
effectively communicate such pieces of legislation to them.
It is in that context that the Select Committee on
Petitions and Executive Undertakings recommended that we
should do better in educating our people about the pieces
of legislations that intend to address the challenges that
confront them. As the committee we are moving for the
adoption of this report. Thank you very much, Deputy
Chairperson. [Applause.]
Debate concluded.
Question put: That the Report be adopted.
In Favour: Eastern Cape, Free State, Gauteng, KwaZuluNatal, Limpopo, Mpumalanga, Northern Cape, North West,
Western Cape.
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Report accordingly adopted in accordance of section 65 of
the Constitution.
CONSIDERATION OF REPORT OF THE SELECT COMMITTEE ON COOPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS - NOTICE OF
INTERVENTION ISSUED IN TERMS OF SECTION 139(1)(B) OF THE
CONSTITUTION IN UMKHANYAKUDE DISTRICT MUNICIPALITY, DATED 23
FEBRUARY 2016
Mr M J MOHAPI: Hon Deputy Chair, special greetings to
everyone present here, the Minister, members of executive
council, MECs, present and hon members, I am going to
present on behalf of the select committee the Report of
uMkhanyakude District Municipality. On 7 October 2015, the
provincial executive council, PEC, of KwaZulu-Natal
province resolved to intervene in uMkhanyakude District
Municipality, in terms of section 139(1)(b) of the
Constitution. The basis for invoking section 139(1)(b) of
the Constitution was due to persistent governance and
institutional matters, financial viability and management
and basic service delivery challenges.
In July and August 2015, the Department of Co-operative
Governance and Traditional Affairs and provincial Treasury
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deployed a support team comprising of financial, technical
and governance experts at the municipality, in line with
section 154(1) of the Constitution.
However, it became apparent that the support team was
unlikely to succeed in turning around the municipality
unless the intervention was elevated to a section 139 of
the Constitution. In terms of section 139(2)(b)(i) of the
Constitution, the Minister of Co-operative Governance and
Traditional Affairs approved the intervention. Perhaps I
must emphasise. Sharing the same views as the select
committee with the Minister, does not mean rubberstamping.
It means that after looking at substantive evidence before
us constitutionality and the matters of procedure, we came
to a stand point to say that we support intervention not to
rubberstamp.
In terms of section 139(2)(b)(i), it is on record that the
Minister has already approved it. Us as the committee, we
looked at the following: The only structures operating
optimally in the municipality are the council and the
executive committee. The rest of the structures, in
particular the portfolio committees and the Public Accounts
Committee have not met as regularly as they were supposed
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to. In terms of productivity, all indications were that
these structures have failed to exercise effective
political oversight over management.
In the previous years, the municipality had hired and
absorbed staff in noncore functions. Hence it was difficult
for the municipality to rightsize without retrenching
employees. This was so because while the organogram was
bloated, the municipality didn‘t have adequate personnel in
core functions, particularly on water and sanitation.
The provincial Treasury found both the operational and
capital budget of the municipality to be funded or in
deficit of almost R117 million. On 26 August 2015, the
municipality was instructed by the provincial Treasury to
revise the budget and prepare a funded budget, in line with
section 18 of the Municipal Finance Management Act and to
table an adjustment budget in terms of section 28 of the
Municipal Finance Management Act.
Due to the fact that in July 2015, management used part of
the 2015-16 equitable share allocation to offset 2014-15
creditors, eliminating the budget deficit proved to be
difficult. By 25 September 2015, the municipal council
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again considered and approved an adjustment budget which
remained unfunded to the tune of R57 million.
Further, the municipality adopted cost cutting measures at
the beginning of 2015. This did not yield any results due
to lack of commitments by senior managers and political
leadership to implement the measures. In March 2015, the
Department of Co-operative Governance and Traditional
Affairs suggested to the municipality that this cost
curtailed measures be reviewed in line with measures used
by the provincial Treasury. The principle was accepted,
however, both management and political leadership again
failed to implement the measures. There was simply no
political will to turnaround the finances of the
municipality.
The municipality consistently failed to produce an updated
audit opinion to track the progress made in addressing the
issues raised by the Auditor-General in the 2013-14
management letter and audit report. As a result, the
Department of Co-operative Governance and Traditional
Affairs could not make an objective assessment to determine
progress in resolving the issues raised in the AuditorGeneral‘s report.
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At a meeting held on 8 September 2015, between the
municipality, the Department of Co-operative Governance and
Traditional Affairs, provincial Treasury and all the other
local municipalities, there was a deluge of frustration
from local municipalities concerning the poor performance
of the uMkhanyakude District Municipality, regarding the
delivery of water and sanitation services as well as the
neglect of the existing water and sanitation
infrastructure.
The municipality underspent on its 2014-15 Municipal
Infrastructure Grant, MIG, allocation resulting in
R40 million of the original allocation of R206 million
being stopped, in terms of the section 19 of the Division
of Revenue Act of 2014. Of the reduced 2014-15 allocation
of R166 million, the municipality only managed to spend
only R118,5 million of which is 71,3%. The municipality
admitted that this was due to poor performance of
contractors, project reprioritised and lack of project
management unit capacity, which are indicators of planning
and management deficiencies.
An administrator was appointed as ministerial
representative at uMkhanyakude District Municipality tasked
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with the preparation and implementation of the recovery
plan. The PEC requested the provincial Treasury, Cooperative Governance and Traditional Affairs and the
Department of Water and Sanitation to solicit R40 million
for the operations and maintenance at the district, as a
matter of urgency.
The provincial Treasury made available R33 million.
Further, the PEC supported the proposal made by the
Provincial Planning Commission around engaging Umgeni Water
Board to assist with the turnaround programme to ensure
that people get water urgently. As a select committee, we
condemn the utilisation of the conditional grant funds to
meet operational expenditure of the municipality, which is
in contravention of section 17 of the Division of Revenue
Act. Equally, the internal control environment of the
municipality remained weak. The management persistently
failed to implement policies and procedures, resulting to
the ballooning of unauthorised, irregular, wasteful and
fruitless expenditure.
During his state of the nation address this year, the
President mentioned that drought had affected five
provinces and that government was providing relief to
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affected communities. The Department of Water and
Sanitation has handed over water tankers to some of the
municipalities affected by the drought in KwaZulu-Natal, in
particular uMkhanyakude was one of the municipalities that
was assisted. The water tankers which came as per direction
from the Water and Sanitation Minister, Mme Nomvula
Mokonyane, will go a long way towards ensuring that local
municipalities serve communities better. As a result, five
trucks were handed over to uMkhanyakude.
The drought has put a strain on the already stretched water
resources in the district. Although drought is a natural
phenomenon which cannot be prevented, however, the district
as a water service authority should mitigate its economic
and social impact on its people, taking into account that
water is a scarce resource in South Africa. Therefore, the
key focus is on all stakeholders to mitigate the impact of
drought on households in our communities.
In respect of the district‘s back-to-basics plan, it was
observed that the municipality took long to adopt its plan.
The assessment of the programme in the municipality as at
the end of June 2015, revealed that the municipality had to
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be recategorised from being challenged to a municipality
requiring intervention.
As a select committee, we therefore recommend the
following: That the NCOP approves the intervention in
uMkhanyakude District Municipality in terms of section
139(1)(b) after considering substantive, procedural and
constitutionality, not necessarily rubberstamping; the
provincial Department of Co-operative Governance and
Traditional Affairs in KwaZulu-Natal province should have
an urgent bilateral with uMkhanyakude District Municipality
to address and manage the improper use and underspending of
the conditional grant funding. A report in this regard
should be forwarded to the NCOP within 14 days after the
adoption of this report by the NCOP; the Select Committee
on Co-operative Governance and Traditional Affairs will
conduct a follow-up visit to the district municipality to
interact with all stakeholders in order to determine
progress on the intervention and the implementation of the
back-to-basics programme in the district municipality; the
provincial Department of Co-operative Governance and
Traditional Affairs in KwaZulu-Natal province, together
with the SA Local Government Association, Salga, and in
corporation with local government Skills Education Training
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Authorities, Seta, should facilitate training and capacity
building for municipal officials and councillors, to deepen
further their competencies and understanding of the
oversight role, legal framework, management and policies
that govern the activities of the municipality; the
administrator should investigate and take corrective steps
to fast-track the disciplinary measures against the
municipal manager and the chief finance officer as a matter
of urgency; and lastly, that the KwaZulu-Natal MEC of Cooperative Governance and Traditional Affairs should table
quarterly report progress reports to the NCOP and the
provincial legislature on the status of the intervention in
the municipality, including the intervention. I thank you,
Deputy Chairperson. [Applause.]
Debate concluded.
Question put: That the Report be adopted.
In Favour: Eastern Cape, Free State, Gauteng, KwaZuluNatal, Limpopo, Mpumalanga, Northern Cape, North West,
Western Cape.
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Report accordingly adopted in accordance of section 65 of
the Constitution.
DEBATE ON WORLD CONSUMER RIGHTS DAY: ADVANCING OUR NATIONAL
RESOLVE TO PROTECTING THE SOCIAL AND ECONOMIC WELFARE OF
CONSUMERS
(Subject for Discussion)
The MINISTER OF TRADE AND INDUSTRY: Deputy Chairperson, 15
March, which is today, is World Consumer Rights Day. It has
been celebrated as such since 1983, but its origin dates
back to 1962 when the late US President John F Kennedy was
regarded as having given the first substantive speech on
consumer rights.
World Consumer Rights Day is organised and mobilised by the
Consumers International which is a world federation of
consumer groups and serves as independent and authoritative
global voice for consumer institutions. This organisation
was founded in 1960. It has 220 member organisations in 115
countries around the world, and South Africa is represented
in this body through the National Consumer Commission. The
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main aim of World Consumer Day is to mobilise communities
in support of the strengthening of consumer rights.
The United Nations Guidelines for Consumer Protection
advises developing countries, in particular. The consumers
in these areas often face huge imbalances an economic power
in terms of educational levels and in terms of their
bargaining ability. It also recommends, therefore, that
developing countries in particular should take active steps
to ensure that consumers have the right to access to
nonhazardous products as well as the right to just
equitable treatment and to sustainable economic and social
development. The United Nations encourages governments to
develop and maintain strong consumer protection policy
taking into accounts its guidelines as well as national
conditions.
Chairperson, in South Africa during the years of
colonialism and apartheid, recognition of consumer rights
was very weak as was indeed recognition of overall human
tights particularly for people of colour in this country.
Bearing that in mind, the Constitution adopted in 1996,
actually was one of the first important statements after
our democracy. Section 41, which read together with
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Schedule 4, identified the protection of consumer rights as
an area of concurrence jurisdiction. The national framework
for consumer rights in this country really dates back to
two pieces of legislations. The first of this is the
National Credit Act of 2005, and has been amended in
several occasions since then and first came into force in
2005, and the other one is the Consumer Protection Act of
2008. Between these two Acts, they have created three
important bodies which exit at national level, and these
are, the National Credit Regulator, the National Consumer
Commission and the National Consumer Tribunal. In addition
to that, consumer protection has provided a number of other
pieces of legislations such as Competition Law, various
pieces of financial regulations, environment management
policy, things like the Home Mortgage Disclosure Act,
reviews of the Estate Agency Affairs Act, Promotion of
Access to Information Act, Promotion of Equality and
Prevention of Unfair Discrimination Act, and so on.
Provincial consumer protection authorities exist in all
provinces and, in fact, predated the national institutions.
Provincial consumer courts have jurisdiction over complains
of unfair business practices in respect of relevant
legislation. The consumer court can declare business
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practice unfair and in contravention of provincial
legislation.
The objectives of the consumer policy framework of this
administration and of its predecessors are to promote a
fair , efficient and transparent market place for consumers
and business, to provide a consistent, predictable and
effective regulatory framework that fosters consumer
confidence, but also recognises the developmental
imperatives of the South African economy that provides
access to effective redress for consumers as well as
economic citizens that recognise and support the roles of
activists and confident con summers in promoting a
competitive economy, in promoting customer responsiveness
in the private and private sector and in harmonising our
consumer protection framework with the international best
practices and the best jurisdictions
in the world.
The Consumer Protection Act has been described as a
revolutionary Act designed to change the way in which
people do business in South Arica. Some has called this a
ground-breaking piece of legislation.
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While the Consumer Protection Act is mainly known for the
protection that affords to ordinary consumers, it may not
be widely known that small businesses with an annual
turnover and asset value of R2 million and less are also
protected in the same way as individual consumers. In other
words, the vast majority of informal traders are regarded
as consumers when they purchase goods from suppliers that
they intend to onsell to ordinary consumers, and they are
regarded as suppliers when they sell goods to consumers. So
in their transactions with their suppliers they are
protected under the provisions of the Consumer Protection
Act.
The National Consumer Commission has establishes what
consumers want. It is quick cost effective remedies when it
comes to disputes with suppliers. In order to try to do
this the National Consumer Commission has been focussing on
the establishment of various industry and sector ombud
schemes to provide quick and effective redress. This has
been happening over the last few years. To give an example
I have recently approved the motor industry scheme - the
motor industry ombud, as well as the consumer goods and
services. Both these schemes provide quick alternative
dispute mechanisms for consumers when issues arise.
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Ordinarily, when a dispute exists the framework is such
that the two parties are encouraged to resolve the dispute
themselves, and if not to go to the ombud and only
thereafter does the National Consumer Commission intervene.
But in the National Consumer Commission there will be a
cost of time and will also be looking at the effectiveness
of these kinds of ombud schemes and making that they do
conform with the provisions of the Act.
In addition to this, consumer safety is a matter of great
concern. It is vitally important that consumers are
supplied with reliable goods. In fact, consumers have the
right to be supplied with goods that correspond with the
way in which they are presented to them and which are safe
for consumer health well as for the environment. The
National Consumer Commission is working closely with other
bodies involved in the space in particular the National
Regulator of Compulsory Specifications which sets
compulsory minimum standards in this country as well as
with enforcement agencies.
I want us to draw our attention, members of the House, to
one campaign which we have been highlighting in this
regard. It is the campaign on unsafe paraffin stoves. The
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basic requirement under the compulsory specifications is
that paraffin stoves that are legally sold in South Africa,
if they fall over the flame is suppose to go out and the
paraffin is not suppose to flow and go all over the floor
and cause fires. Unfortunately, there is a R30,00
difference between the locally made stove which complies
with those specifications and the imported alternatives
which do not. We have found through our campaigns in places
like Kya Sand and in Tembisa, where we found that most of
the residents in informal settlements probably for reasons
of the price difference, are using the imported substandard
products. But also of concern is that those fires caused by
substandard paraffin stoves are often the major cause of
fires in informal settlements. Fires which cause huge
damage to the property of the individuals concern, cause
serious injuries at a number of cases and also absorb
significant resources of municipalities and of government
in general in terms of putting out fires and in terms of
dealing with things like injuries and support for
communities when they have lost all their properties, and
so on.
We want to roll out this campaign much more urgently and I
would like to invite members of this House to work with us
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around as we are seeking to build a stronger partnership so
that we can root out this products and use the tools of the
Consumer Protection Act in this regard.
In addition to that, the National Consumer Commission has
been involved in product recourse. It has recalled a number
of products which are unsafe including various motor
products. It is also involved in enforcing compulsory
labeling of products and so on.
The National Credit Regulator is well known to members of
this House and I will remind members why. It is established
in terms of the National Credit Act of 2008. The National
Credit Act has also been described as a ground-breaking
piece of legislation and indeed in some occasion it has
been attributed to one of the reasons why South Africa was
immune from the systemic financial crisis in toxic debt
crisis which affected many financial institutions in 2008.
The National Credit Act has sought to discourage credit
providers from engaging in reckless lending, but providing
the ultimate sanction that reckless lending transactions
can be declared null and void through a process in the
courts. It also says that maybe it is an offence for credit
providers to hold cards and personal identification
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numbers, Pin, of consumers. It prescribes maximum rates of
interests and service charges. In general terms it seeks to
ensure that credit providers are not allowed to prey
recklessly on consumers‘ credit. However, of course I think
we know that this is a moving target. We know that there
are many noncompliant credit providers not just small scale
businesses, but even larger businesses and the credit
regulator is involved in constant battles to try to uncover
these and to refer them to the National Consumer Tribunal
when uncovered.
Why the National Credit Regulator is well known to members
of this House? Members of the select committee in the
previous term worked with the National Credit Regulator on
an amnesty for adverse credit findings of people in credit
bureaus. I can report to members of this House that amnesty
was a success. By March 2014, there were no records of
anybody in credit bureaus with adverse listings.
Unfortunately, since then the numbers of people that have
suffered through adverse listings has gone up and currently
about 11,8% of credit active consumers have adverse
findings in the credit bureaus of this country.
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That raises a broader issue. The broader issue is that
consumers in this country as they struggle to make ends
meet in the coming months interest are recently increased
as we all know, and food prices are expected to rise. We
face a very difficult and bleak economic immediate future
with high levels of unemployment and poverty in the
country. What this means I think is that we can expect that
some credit providers will be tempted in such an
environment to cut corners and to engaged in shady
practices among consumers. If you look at the figures right
for now, they actually tell us a worrying story. We have as
on 30 September 2015, the total principal debt in this
country was R1,63 trillion. In terms of the credit standing
of consumers 42,3%
of the 23,45 million credit active
consumers were classified as impaired , meaning that they
were more than three months in arrears.
In order to relieve the burden, the National Credit
Regulator through the new amendments and the regulations
which will come through, is embarking on a new series of
new activities. They include the registration and
regulations of small credit providers which previously fell
outside the requirements; registration of alternative
dispute resolution agency and payment distribution agency;
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and they are seeking to monitor compliance with collection
and sale of prescribed debt. Most importantly, we are
prescribing new affordability assessment regulations.
Credit providers will have to make sure that the provision
of the credits to consumers is within the affordability
tolerance as prescribed in the regulations. Further,
consumer education and awareness campaigns are also a
critical important.
Both the work of the National Consumer Commission and the
National Credit Regulator are assisted by the National
Consumer Tribunal. This is an alternative dispute
resolution system that actually offers low cost, in fact,
free access for consumers. Consumers are able to approach
the National Consumer Tribunal. Its work has been
increasing.
In conclusion, I want to commend this House for organising
this debate. I look forward to the inputs from members,
including from a number of MECs who are here present, and I
look forward to work more closely to enhance consumer
protection in this country. Thank you very much.
[Applause.]
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Ms L C DLAMINI: Thank you very much Chairperson.
Abakabuyi. Namanje abakabuyi abantu be EFF. [They are not
back yet. Even now, the EFF members are not back.]
There is not even one now in the House. It shows how much
they care not about the majority of our people; the
consumers we are debating about today. In fact, it is pay
day today. I had forgotten that ...
... bayewudla lemali labayiholile labangakayisebenteli.
[... they are gone to spend the money they got paid and
they did not work for it.]
They do not come to meetings but they do not forget about
the pay day. It is worse because they even got increment
which they did not oppose like they usually do. It is an
embarrassment. I think our people can see through the EFF.
Not even one is here. It is easy to identify them. As you
can see there is not even one red colour in the House.
Hon Chairperson, my greeting still stands. As has been said
earlier today marks 33 years of the World Consumer Rights
Day which was established in 1983. I do not want to go back
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to its purpose. What I can say is that we are really much
grateful to have an ANC led government which cares about
the consumers.
Baningi bantfu bakitsi labatsenga tintfo kubosomabhizinisi
labanakekelwa nguhulumende loholwa nguKhongolose. Sitsandza
kuyibonga kakhulu lenhlangano yebantfu ngoba kube
bekungulomunye hulumende bekangeke abacabangele.
(Translation of Siswati paragraph follows.)
[There are many of our people who purchase stuff from
businessmen assisted by the ANC-led government. We would
like to greatly thank this organisation of the people
because if it were another government it wouldn‘t consider
them.]
We also note that most people who were affected in the past
are the poor and vulnerable of which the majority of them
is black. That is why the ANC said it is one of the
priorities that it would do in government to protect the
consumers. The arena of consumer protection has lagged
behind in terms of legislative enhancements that were
required to prohibit such abuse and exploitation which also
statutory acknowledges the rights of consumers. In
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addition, the legislative measures that were in place to
address such issues were often fragmented and administered
across the board and across sectors. This fragmentation led
to uncertainties in a number of sectors and the result was
that often many consumers‘ protection issues were not
effectively enforced. A number of these fragmented pieces
of legislation – I am referring to the past – were also
outdated as they had not kept pace with the changing
circumstances and experiences within our economy.
One of the most important challenges created by the sets of
fragmented legislation was the fact that it had not kept
pace with the changing constitutional environment that had
been created by the advent of democracy. It means that it
was not in line with our Constitution. In order to address
the fragmented legislation and unfair business transaction
between business and consumers, the South African
government which is led by the ANC promulgated laws to
protect consumers. In this regard, the Consumer Protection
Act, Act 68 of 2008 was introduced to radically overhaul
the manner and form in which business is conducted within
our country. The Act now formally entrenches which types of
business conduct between consumers and businesses are
deemed acceptable. It was not the case before.
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Nangabe umtsengisi wentfo atsi imibandzela ngule
uboyitsatsa njengoba injalo. Kodvwa nyalo, hulumende
ubekela batsengi tintfo letishoko kutsi ngutiphi tintfo
letemukelekile nakutsengiselwana nabosomabhizinisi.
(Translation of Siswati paragraph follows.)
[If the seller stipulates terms and conditions you must
accept them as they are. But today, the government is
passing laws that regulate acceptable conduct between a
consumer and the seller.]
Previously this was not the case and many types of conducts
were often unfair but as there was no legislation on these
issues certain questionable practices were often a common
occurrence. This was often the disadvantage for consumers
especially the poor and the vulnerable as indicated.
To date, the Act formally entrenches the right and
obligation of both consumers and business. I would like to
mention them and say that, under each consumer right, there
are a number of things that are covered I will just go
through the rights as they are stipulated in the Act. The
Act stipulates the right to equality in the consumer market
and protection against discriminatory practices; right to
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privacy; right to choose; right to disclosure of
information; right to fair and responsible marketing; right
to fair and honest dealing; right to fair, just and
reasonable terms and conditions – as you know that the
conditions were usually written in fine print, using jargon
which was difficult to understand. The conditions could be
explained when the consumer has a problem, but were not
explained when the consumer buys.
The Acts also stipulates the right to fair value, good
quality and safety and the right to accountability from
suppliers.
The South African government has put in place, through the
Consumer Protection Act, practical protection measures
afforded to consumers. I will mention a few. Direct
marketing through which consumers often complain about
certain practices employed by direct marketing companies.
For example, one of the major complaints from consumers
related to the invasion of space and privacy that often
occur is when a direct marketing company approaches a
consumer at a place and time not suitable to the consumer.
The Act addresses some of these main concerns.
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The Act provides for the establishment of an ―Exclusive
Register" whereby a consumer can now register the so called
pre-emptive block against receiving any electronic
communication.
I think as consumers we are all affected. You receive a
number of calls from companies selling you this and that.
Whether you are in a meeting or not or you are sleeping
they will call you and send you smses or mmses without your
concern. Under normal circumstances you would know that you
want to buy a phone and go to the shop. What has been
happening these direct marketing companies call people any
time.
Bantfu bakitsi nyalo banelilungelo lekutsi bayewubhalisa
ku-Exclusive Register. Nawutibhalise lapho bete lilungelo
lekutsi bakushayele lucingo. [Our people now have a right
to go and register with the Exclusive Register. If you have
registered they do not have a right to call you.]
If they insist to call you they can be penalised.
Bantfu bakitsi kufuneka bafundziseke ngalawo malungelo.
[Our people need to be taught those rights.]
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We need to educate our people so that they can know about
their rights.
On the Unfair Contract Terms, this Act prescribes that a
supplier may not enter into an agreement that is patently
one sided unreasonable or unfair with a consumer. In order
to assist both business and the consumer, the Act outlines
a number of issues that will be considered to constitute
unfair or unreasonable contract terms. As indicated earlier
that ...
Lomtsetfo lokhona-ke uyasho kutsi ngusiphi sivumelwano
lesikahle lesivuna umtsengi nemtsengisi. Kungabi kutsi
sivuna umtsengisi kuphela. [This law stipulates the
appropriate agreement which favours both the seller and the
buyer. It should not only favour the seller.]
The Act also obligates suppliers to use clear and
understandable language within contracts so as to ensure
that consumers are not misled. – Terms and conditions – as
mentioned earlier are in fine print and use jargon that
people do not understand. The Act is preventing that now.
It says ...
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Lulwimi lolusetjentiswa kulesivumelwano akube lulwimi
lolutawuvakala kulona lotsengako nalona lotsengisako. [The
language of the agreement should be understood by both the
seller and the consumer.]
Strict liability is one of the issues that have led to the
debate around the issue of liability. Section 61 of the Act
a distributor, producer, importer or retailer can now in
certain instances be held strictly liable for any harm or
damages suffered by a consumer flowing from the use of a
product.
Njengekutsinje ngihambe ngiyewutsenga emafutsa lebatsi
ngekugcobisa sikhumba kutsi ngiteba muhle, bese
ayangishisa. [For an example, when they say I must buy a
skin lotion which will make me look beautiful, and then the
product damages my skin.]
I can then sue that company. That is what this Act says.
This is a drastic shift from the previous situation where a
consumer was lumped with the onus of proving negligence on
the part of the producer, meaning that ...
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... kucala bekufuneka ube nesiciniseko sekutsi vele kube
nebudlabha kulona lotsengako. Manje umtsetfo uyakuvikela
njengemtsengi. Utsi ungabahlawulisa ngemkhicito wabo
lowusebentisile. (Translation of Siswati paragraph
follows.)
[... previously one was required to ensure that there was
really negligence on the side of the seller. But now the
law protects you as a buyer. They pay a charge for their
product you have used.]
It is noteworthy that a consumer will need to approach a
court to institute any claim for damages based on strict
liability.
Ngingaya nasenkantolo ngiyewusho kutsi abangisite. Nangu
umuntfu sewungishise sikhumba. Bengitsi ngitaba muhle
njengoba kubhaliwe lapha, kodvwa nyalo sikhumba sami
sesilimele. Inkantolo ingakwati kungisita kuloko.
(Translation of Siswati paragraph follows.)
[I can even go to court and ask for help. Here is someone
and has damaged my skin. I thought I would look beautiful
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as it is written on the product, but look now my skin is
damaged. The court can help me in that regard.]
In terms of warranties, consumers are now able to return
and claim funds for poor quality of goods because there is
now an implied warranty of six months, meaning that if ...
... kunentfo lengekho esimeni sebuhle lesifanele ungakhona
kutsi uyibuyisele emuva kumbe unikwe lenye.
Siyabonga kakhulu–ke kuhulumende we-ANC kutsi asentele
lomtsetfo lovikela bantfu bakitsi labahluphekile.
Ngiyabonga. [Tandla.] (Translation of Siswati paragraphs
follows.)
[... the item is not in a good condition you can return it
or exchange it.
We thank the ANC-led government very much for making this
law which protects our poor people. Thank you [Applause.]]
Ms B ENGELBRECHT: Hon Chairperson, this rainbow nation has
come a long way with many injustices having taken place in
the past. Therefore, the important bill of rights and the
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Consumer Protection Act indicate how important the rights
of consumers should be. World Consumer Rights Day,
organised by consumers international have eight basic
internationally recognised consumer rights. I suggest we
unpack them and see how interested this government really
is, in protecting our consumer rights.
The right to be heard, where consumer‘s interest are
represented in the making and execution of government
policy. In Tshwane, a class 1 ridge in the Groenkloof
Nature Reserve, one of the oldest in the country is being
ear marked for development without an environmental impact
assessment, EIA, or public meetings being held. All
questions are being ignored and the city is turning a blind
eye. We may ask, what has happened to the rights of the
concerned residents to be heard?
The right to be informed, where consumers need to be given
facts to make an informed decision. The bus rapid transport
system in Tshwane, a planned and approved line 2B with a
two lane car and one bus lane per direction has suddenly
been changed, to a one car lane and one bus lane per
direction without a traffic or economic impact assessment
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to back this changes. We may ask, what happened to the
right of stakeholders and residents to be informed?
The right to safety, the consumers need to be protected
against production processes that are hazardous to their
health. In Tshwane, Hammanskraal residents has been exposed
to contaminated water with high levels of E Coli. What has
happened to their right to be protected against the
potential health disaster?
The right to choose and to be able to select from a range
of products and services. Residents of Tshwane have been
forced to accept the illegally installed Power Electronics
Unit, PEU, prepaid electricity meters, in spite of having
their own prepaid meters and had no choice when this
substandard so called smart meters – which were in fact
only prepaid meters – were forced on residents without any
benefit to either the residents or the finances of the
city, instead costing the rates payer in excess of
R8 million. What happened to their rights of choice?
The right to a healthy environment, to live and work in an
environment that is non threatening to the wellbeing of
present and future generations. Farmers and farm workers in
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the area surrounding the Rooiwal water waste treatment
works are working where they cannot even breathe without
using a mask due to the horrific smell. Here, million of
flies lay their eggs in the raw sewerage overflowing onto
agricultural land. Once valuable agricultural land has been
destroyed, crops lost and animals are dying. What happened
to their right to healthy environment?
The right to redress, residents of Hammanskraal have
patiently been waiting for delivery of ANC promises 21
years after being promised basic services, and they still
have to use wheelbarrows to access water over vast
distances by foot. Where is their redress? The right to
satisfaction of basic needs, having access to basic
services like water and sanitation. The Rooiwal waste water
treatment works without regular manpower, maintenance or
chemicals. [Interjections.]
The DEPUTY CHAIRPERSON OF THE NATIONAL COUNCIL OF
PROVINCES: Hon Engelbrecht just hold it. On what point are
you raising hon member?
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Ms L L ZWANE: I am rising on the point of relevance to the
topic that is being debated. Is the member relevant to the
topic, are we not debating consumer rights?
The DEPUTY CHAIRPERSON OF THE NATIONAL COUNCIL OF
PROVINCES: No, take your seat. I‘m not going to carry that
order. It‘s debate and let‘s allow the debate to continue.
Continue hon member. On what point are you raising hon
Faber?
Mr W F FABER: Chairperson, I would just like to remind the
House that it is the hon member‘s maiden speech and I also
like us as the House to respect that. Thank you.
The DEPUTY CHAIRPERSON OF THE NATIONAL COUNCIL OF
PROVINCES: I have established that, to a point where I‘m
going to allocate an extra minute.
Ms B ENGELBRECHT: The Rooiwal waste water treatment works,
– thank you for the consumer rights, thank you – without
regular manpower, maintenance or chemicals has resulted in
raw sewage spilling into the once mighty Apies River
destroying the surrounding agricultural land and
contaminating the water provided to residents and farmers
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in that whole Hammanskraal area. What has happened to their
basic right to clean healthy water and sanitation?
The right to consumer education, to inform consumers to
make informed choices about goods and services. The
residents in the north of Tshwane should be informed that
the water they are drinking is a serious healthy risk
especially to children and the elderly with daily accounts
of hospitalised patients. What has happened to their right
to know?
The few examples cited above clearly indicate that the
different ANC-led spheres of government are not interested
in protecting the rights of consumers. Instead, where the
DA governs change is really taking place and the above
consumer principles are being applied as fast, effectively
and efficiently as possible. Where the DA is working, we
work hard to build one nation with one future build on
freedom, fairness and opportunity for all. I thank you.
Mr S SOMYO (EASTERN CAPE): Deputy Chair, hon members, the
Minister, my colleagues, the MECs from various provinces,
yes, indeed, the right to know has been entrenched in the
Constitution of this Republic of South Africa because of
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the struggles waged by the ANC which has made a point of
saying that the people of South Africa are entitled to all
the rights enshrined in the Constitution.
It is our own that would let them know, inclusive of Member
of Parliament, the hon Engelbrecht, who has just indicated
in this House that she knows what sort of dangers are faced
by those people who live in the area of Tshwane. That right
is a right exposed to the people equally, not because it is
a right which is only exclusive to her right. The ANC have
made a point of saying that in our time of governing this
land, we must ensure that those who consume consume
appropriately, are protected appropriately and that they
know the value of that right.
It is, indeed, the expression of the people of the country,
including those who occupy these Houses that, in their
name, we protect them in the rights that they deserve. So,
in this House, we know the dangers because the law is
enshrined in chapters both in the Constitution and in
relevant pieces of legislation, for the people to know and
to be protected for all time.
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I represent the province of the Eastern Cape, the home of
the legends. Today, we join together to celebrate consumer
rights across the globe. We do this mindful that all
economic systems are based on delivering goods or services
to consumers. In essence, they are the heartbeat of our own
economy and their activities drive economic growth and
development. Nationally, there already exists a legislative
framework, outlined appropriately for us to know by the
Minister here, this afternoon.
It is the presence of that national Consumer Protection Act
which ensures that consumers get the treatment that they
deserve and are protected from exploitation. The national
Consumer Protection Act prevents unfair business practices
and the exploitation of consumers. As outlined, this
legislation creates an economic environment which supports
and strengthens the culture of consumer rights and
responsibilities. We say to the ANC it was prudent, indeed,
to ensure that this House of Parliament does ensure that
our own people, those who consume services, are always
protected. This law is founded on the prescripts of our
Constitution, as consumer protection is a functional area
listed in Schedule 4 of the Constitution of the Republic,
as it is our responsibility to ensure that there is
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equality, exposure and transparency for all our people to
be protected and be part of the South Africa which belongs
to all who live in it.
Consumer protection thus forms a necessary part of every
citizen‘s socioeconomic rights. To this effect, the values
of dignity, equality and freedom must underlie and inform
any consumer protection policy and legislation. Consumers
need to be aware of these laws because it is up to them to
stand up for themselves and it is important that they are
cognisant of their rights and responsibilities. As the
province of the Eastern Cape, through the Office of the
Consumer Protector in the Department of Economic
Development, Environmental Affairs and Tourism, we have a
vision to empower and promote confidence in consumers to
effectively invoke their rights while understanding their
responsibilities, to enable all South Africans to make
informed choices prior purchasing goods or services.
The income of households in the Eastern Cape has been on
the incline. It has increased by approximately R60 billion
over a period of 10 years. The Eastern Cape‘s disposable
income, which is household income less taxes, was
R136 billion in 2013. Of this, R133 billion was all spent.
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Most of the Eastern Cape‘s consumption and expenditure out
of that 39% is on services, namely rent, transport,
recreation, communication and medical services. While 35%
of the province‘s consumption is on nondurable goods, only
13% is spent on durable and semi-durable goods. An amount
of R29,9 billion was spent on food, beverages and tobacco
and only R2 billion on medical and pharmaceutical products.
In the process of acquiring these necessities, consumers in
our province are extremely vulnerable and can often be
abused without consciously being aware of it. There is a
serious need to ensure that consumers are made aware of
their rights and become equipped to assert them. Educated
consumers, at times, are more able to transact in a
confident and meaningful way, thus leading to increased
consumer confidence and responsible spending within the
economy. This is not the case, unfortunately, in relation
to those who are less fortunate in terms of accessing
education.
The Eastern Cape Office of the Consumer Protector was
established in terms of the Eastern Cape‘s Consumer Affairs
(Unfair Business Practices) Act of 1998. Its key
performance areas include education and awareness
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programmes aligned to the trend analysis of consumer
complaints, as received. There are currently six education
programmes, and in the first three-quarters of the 2015-16
financial year, 4 448 of those who were participating did
so in a way to ensure they are being reached in such
educative instances.
Another key performance area for the Office of the Consumer
Protector is the receipt of consumer complaints with a
mandate to facilitate the mediation and conciliation of any
dispute arising between or among persons resident or
carrying on business within the province of the Eastern
Cape. During the 2014-15 financial year, the Office of the
Consumer Protector received 647 complaints from consumers.
The Sarah Baartman district office received 46% of all
complaints in the province.
In the same period, 651 complaints were finalised by the
Office of the Consumer Protector. In the finalisation of
consumer complaints, consumers received a saving in the
2014-15 financial year, which is close to R178 million.
During the first third quarter of the 2015-16 financial
year, 429 complaints were received, whilst 413 have been
resolved or finalised over the same time and period.
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The top five consumer-related complaints received by the
Office of the Consumer Protector are as follows: on
furniture and household appliances, 19%; motor vehicle
related, 15%; financial services, 11%; cellphone related,
10%; debtors, whether in the judgment process or summons
negative credit ratings were in the range of 6%.
To improve service-delivery imperatives in the province, a
share-call centre was introduced during 2014, effectively
creating a platform for taking the services of the
Department of Economic Development, Environmental Affairs
and Tourism to the people in the province. Consumers are
now able to lodge complaints telephonically, by telefax or
by e-mail and can also seek advice at any one of the
department‘s six district offices and provincial offices.
To improve the quality of the service and turnaround time
in the resolution of complaints, an electronic case
management system has been introduced to ensure that all
consumer protection officials are able to update incidents
on a daily basis and that feedback can be provided to a
complainant at any stage.
A further service delivery improvement initiative was the
development of standard operating procedures for complaint
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support services. This sets out all procedures to be
followed in the resolution of a complaint with standardised
timeframes and an escalation process to ensure that
services being delivered by the Office of the Consumer
Protector are more effective, efficient and consistent
across the province.
We have done all of this because we believe that consumers
are important for our provincial economy, and their rights
should thus be at the centre of our provincial policy. The
business community must recognise that business cannot
exist without the support of consumers. The business
community plays a pivotal role in job creation and economic
growth in the province and has a key contribution to make
in the socioeconomic upliftment of communities. This is why
we encourage business to ensure that they comply with
consumer protection legislation, to reaffirm the rights of
consumers and to appreciate the valuable contribution that
they make to the sustainability and growth of business. It
is important, however, that consumers also play their part,
as well-informed and proactive consumers are critical
factors within healthy markets and catalysts of
competition.
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We are so proud that South Africa has, indeed, moved
towards taking people centre stage of sustaining its own
economy and consumers are a very critical component of such
growth. Thank you very much. [Applause.]
Mr V E MTILENI: Inhlekanhi Mutshamaxitulu. Ndza mi xeweta
hinkwenu. [Good day Chairperson. I greet you all.]
In South Africa today, thousands if not million rights will
forever remain an ideal if the economic freedom is not
achieved. Let alone consumer rights. Consumer rights have
been failed by the ANC-led government together with white
monopoly capital. All that is prioritised is profits at the
expense of consumers.
In most cases now, it is profit that has protection than
social economic welfare of consumers.
The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): Yes, just
hold it on, hon Mtileni. Hon, on what point are you rising?
Ms T WANA: Deputy Chairperson, can the speaker reply to my
question?
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The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): Are you
prepared to take a question, hon Mtileni?
Mr V E MTILENI: Uzoyithatha ebhasini, angithi sizohamba
sonke. [She will take it in the bus, because we are
travelling together.]
The DEPUTY CHAIRPERSON OF THE NCOP (Mr R J Tau): Okay, he
is not prepared to take a question.
Mr V E MTILENI: I accept it, but not here, in the bus. In
most cases now, it is profit that has protection than
social economic welfare of consumers. Institutions such as
the Competition Commission and the National Credit
Regulators are either not fully capacitated, instead they
are doing half a job or are influenced by profit and
captured, which leads to decisions that do not have the
interest of consumers, but greedy capitalist. At the end,
consumers are left for their own means. It is only those
who have access and resources as consumers that will have
their rights protected.
Today, banks that are supposed to safeguard and keep their
consumers money safe, but the very same banks allow for
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illegal and unauthorised debit orders. And when consumers
make inquiries, firstly, they are charged and then left to
solve these problems on their own. These in addition, lead
to exorbitant bank charges that cannot be justified.
Today, insurance companies are out to find every reason not
to pay claims instead consumers are sent from pillar to
post. Today, phone companies like Vodacom and MTN, do as
they wish even when evidence shows that South Africa is one
of the most expensive countries to make a phone call or
receive a message. Even the government goes around signing
agreements that will bring products that are questionable.
Indeed, if we want to advance protecting social and
economic welfare of consumer‘s rights, it is time we start
listening to the people.
We must start capacitating regulatory institutions for them
to do their work in full capacity. We must introduce a
strong penalty regime to discourage any attempt to
undermine consumers rights, until such time consumers are
simply on their own, without any protection from the
government.
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Ndza khensa Mutshamaxitulu. Inkomu. [I thank you
Chairperson.]
Mr N NTOMBELA (On behalf of the Premier of KwaZulu-Natal):
Hon Deputy Chair, hon Minister, hon members. I rise to
address you on behalf of the Premier of the Premier of
KwaZulu-Natal who could not make it to the sitting today.
This year‘s Consumer Rights Day, takes place amid economic
crisis with millions of our people feeling a great sense of
uncertainty regarding what tomorrow holds. A growing number
of forecasts reveal that food price might rise sharply in
coming months.
As a province, we are mindful of potential abuse the
consumers could find themselves during trying economic
times over the next few months. We therefore, are going to
ensure that we up the stakes to keep consumers vigilant and
knowledgeable about their rights and obligations.
The need to protect consumers arises from the imbalanced
relationship between the consumers and the suppliers. It is
evident that suppliers of products, goods or services are
in a dominant position.
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The need to protect consumers is also based on the fact
that consumers may have the necessary information to
exercise their choices, but factors such as the level of
literacy and level of affordability may hinder consumers to
make informed choices.
It is worth noting that consumer protection does not only
concern dealing with consumers and suppliers, but also with
product and services acquired by the consumer. The quality,
standard, the safety, the ingredients and the effects
thereof, of consuming the good or service acquired.
The issue of quality is extremely important because with
rise in food prices, many consumers may become victims of
unsafe food products.
We know many households that live below poverty line often
resort to buying cheap food staffs. It is the duty of
government to ensure that products selected by consumers
are safe and are of a certain standard and quality.
Although the Province of KwaZulu-Natal has made advances in
the field of consumer protection, we acknowledge that the
province is still at infant stage of the matter.
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It for this reason that we are continuing with the consumer
protection campaign as part of our efforts aimed at
creating awareness about consumer rights.
We have reached more than 1,65 million citizens using
different forms of communication, that includes interactive
workshops. We have also reached more than 7 million
consumers through the mainstream media as part of our
campaigns.
Our message is that, as a consumer you have a right to
quality goods and services, the right to be protected
against dishonest or misleading advertising or labelling.
We are making our consumers aware that they have a right to
choose products and services at competitive prices.
Importantly, we have a fully fledged consumer complaint
handling mechanism, which ensures that complaints from
consumers are investigated speedily. Last year alone, we
have resolved more than 500 complaints received through the
Consumer Protection Services Unit located in the Department
of Economic Development, Tourism and Environmental Affairs.
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We have also established a Provincial Consumer Consultative
Forum, which is aimed at strengthening the relationship
between consumers and suppliers.
We have joined forces with a number of regulators including
the National Consumer Forum, Ombudsman for Banking
Services, Estate Agency Affairs Board and others to address
the challenges faced by the consumers.
Critically, as a province we have enacted KwaZulu-Natal
Consumer Protection Act, 2013 (Act 4 of 2013). The Act
provides for the establishment of the KwaZulu-Natal office
of the Consumer Protector. We are placing a very high
priority on the satisfaction of KwaZulu-Natal consumers and
we want to improve their experience of KwaZulu-Natal
products and services.
The objects of the Act are amongst others; to provide for
the consistent predictable and effective regulatory
framework of consumer complaints in the province; to
provide for mechanism to foster consumer confidence; to
provide mechanism for the protection of consumers in all
areas of the province, whilst also aiming at promoting
performance and competitiveness in the market place; to lay
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a solid foundation for levelling the economic playing field
between historical vulnerability of consumers and the power
and influence of business; to promote and advance the
social economic welfare of consumers in the province and to
provide for an accessible, consistent, harmonised and
effective system of redress.
As a province, we are committed to implementing programmes
and strategies to increase consumer confidence in the
business environment and in the legislative framework aimed
at protecting consumer rights.
We are fully aware that we are becoming a gateway to Africa
and the world because of ports. Because of this integration
with economies of the world, the province is servicing the
needs of millions of consumers locally and globally. We
want all our consumers to be happy. We will continue to
place a high priority on the protection of the KwaZuluNatal consumer and the global consumer of KwaZulu-Natal
products and services.
In conclusion, I want to reflect once again on the economic
crisis we are facing as a country and consumer issues
arising from financial crisis. Hon members, as a province
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we will recall that when we started the previous term of
office in 2009, the whole world experienced recession. The
financial crisis brought us quite a number of consumer
issues to the forefront. Prior to the crisis, consumer
demand was high the world over including the United States.
Consumer spending and consumption was high. Financial
institutions supported consumer‘s appetite with the wide
usage of financial instruments including credit cards and
lending in the area of subprime mortgages.
The crisis saw consumers hit on a numbers of fronts. These
includes, the effect of massive job losses in some
countries, mortgage rates being reset, lending standard and
criteria tightened - which saw large numbers of people
losing their homes and other assets.
As we celebrate Consumer Rights Day, we need to reflect on
these issues and ensure that measures are put in place to
protect our consumers from the negative consequences of the
economic meltdown we are experiencing. I thank you Chair.
Mr L B GAEHLER: Hon Deputy Chairperson, consumers make up
the largest economic group affecting and affected by almost
every public and private economic decision. Individual
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consumers tend to be dispersed while producers and traders
are organised and powerful with greater access to
information. Consumers are therefore more vulnerable to
exploitation through deceptive advertising and selling
provision of fake products and unethical trade practices.
Such vulnerability creates poor value for money. Undermines
the wealth of consumers and presents their risk to health
and safety. Children, elderly people, disabled people, the
poor, uneducated and illiterate are particularly the
vulnerable. The introduction of the Consumer Protection Act
in October 2010 provided a legal framework for consumers‘
rights to be protected. The act clearly spells out the
rights of consumers and their responsibilities of supplies
of goods and services. This is not just about following in
the footsteps of the first world countries, but it is also
consistent with the United Nations guidelines and Consumer
Protection Act.
It is therefore of paramount importance that business
people and consumers are well equipped with the knowledge
needed to comply with the provision of the Consumer
Protection Act. In this regard, we as public
representatives, must make it part of our daily work to
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educate all citizens about their rights as consumers.
Equally so, businesses must be educated about their
responsibility towards consumers. This civil education
programme should be supported by a creation of strong and
active consumer support forum which will sustain and deepen
their knowledge about their social and economic welfare as
consumers.
The UDM calls on the office of the consumer protector to
embark on an awareness campaign through local radios and
print media. This will empower the consumer, especially in
the deep rural areas where most of them are unaware of
their rights.
Sithi ke noko kuyafuneka ukuba bancedwe abantu abangaziyo
kuba phaya ezilalini, ezantsi kanye emagqagaleni, abawazi
amalungelo abo. Ngoko ke siyacela ukuba le komiti
yokukhusela abathengi mayiye phaya ebantwini isebenzisa
unomathotholo ngesiXhosa ibaxelele kuba bayaqhathwa abantu
abangaziyo. Noko thina sineentlantsi siyabona kodwa bona
ababoni. Ikwa ngumsebenzi wethu ukuba siye phaya ebantwini
sibafundise ukuba akhona amalungelo abo, siyeke ukusoloko
siqhwaba izandla, sikhwaza uhaleluya okanye sikhwaza
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izilogani ze-ANC, enkosi. (Translation of isiXhosa
paragraph follows.)
[We say we need to make awareness to rural people in deep
rural areas. They do not know their rights. Therefore we
make a request that the consumer protection committee must
go to those people and speak isiXhosa in the radio because
when people are not aware they do not get good services. At
least we have little awareness but they are not. It‘s part
of our job to go to the people and educate them about their
rights and stop clapping hands, shouting haleluya or
shouting ANC slogan, Thank you.]
Ms G M MANOPOLE: Hon House Chair, I would like to welcome
you in this hon House. We have missed you and I hope that
in the long term you will find comfort. Let me greet hon
Minister, MECs present here, NCOP members, special
delegates, ladies and gentlemen.
Together with the world, we are celebrating the
International Women‘s Rights day today. We need to note the
evolution of consumer rights in South Africa against the
backdrop of the apartheid systematic and structural
economy. It was designed in excluding rural people which
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resulted in them having low income and being poor consumers
in the market sector. In redressing the inequitable terms
of trade between the geopolitical and foster producer and
consumer linkage, we needed to recognize the imperativeness
to protect the interest of all consumers. While we ensure
accessibility, transparency and efficient redress for
consumers who are subjected to abuse and exploitation in
the market place.
Perhaps, before I proceed, hon Angelbrecht could not really
go into the issues of the consumers. That says that she
could not highlight the reality of the scrupulous business
practice of the business. In a way she was defending the
business people at the expense of the poor while they want
their votes. So to us, it seems like the votes of the poor
black people are the transaction for them to be here in
Parliament. To ensure that they have a voice, the stage and
the platform to defend the alleged white business people
who also their members in their constituency.
Consumer protection legislation is catalytic process
towards redressing discriminatory laws of the past. That
resulted in high level of poverty, illiteracy and other
forms of social and economic inequality. Furthermore, this
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legislation was employed to stop unfair deceptive and
fraudulent business practices. Not withstanding
vulnerability of the illiterate people. We had to note the
fact that they were exposed to unethical business practices
after being included in economic activity of the country as
opposed to the past regime.
We note various progressive pieces of powerful legislation
in place to protect consumers under ANC led government
which the Minister highlighted. Those are the Consumer
Protection Act 2008, National Credit Act 2005 and National
Credit Regulator. National Consumer Commission was intended
to protect the interest of all consumers. It was also to
promote and provide for consumer education concerning the
social and economic effects of the consumer choices. For a
long time the rural people has been in the periphery of the
economy.
However, we need to ask a question to what extend does this
legislation benefit the rural poor people. Do they enjoy
such benefits and output of this legislation? Do the rural
women in GA-SEHUNELO WYK 8 in the Northern Cape enjoy these
benefits? Do the rural mine workers who continuously take
expensive cell phone contracts without being told that
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their phones do not have insurance benefit? Perhaps the NCR
and NCC need to work closely together to entrench consumer
rights. To ensure that consumers across the country
especially the most vulnerable, the workers, the poor, the
elderly, the rural and the uneducated have all the
protection that laws allows them to be protected when they
borrow or by on credit.
Kgetse ya kwa Gasegonyane kwa Masepaleng wa John Taolo
Gaetswewe, JTG, ya ga Rre Othusitse Moelane yo o nnang kwa
Magojaneng mo Kuruman, kwa Kapa Bokone ke ya moragonyana. O
ne a reka bolao le thêlêbišene, fela fa a fitlha kwa gae
thêlêbišene e ngapegile mme bolao bo na le mosima fa gare e
bile bo kobegile. Fa a di busetsa morago, mong wa lebenkele
a mo itsise gore thoto
ke ya gagwe mme o tlile go e tsaya
a rata kgotsa a sa rate, mme tšhelete yona ga a kitla a e
bona. [Setshego.] Ke dingwe tsa dilo tse di botlhoko tse e
leng gore borre le bomme ba rona kwa magaeng bao ba sa
itseng go buisa le go kwala, bao le gompieno ba santseng ba
tlhokofadiwa.
Gape, ke a boelatsa gore re a itse ka sebaka seno go
kgaolwa mo tirong go tsweletse. Badiri ba rona ba kwa di
meepong ba ba tswang kwa magaeng ko Gasegonyane, ko ga
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Magara, ko John Taolo Gaetsewe kwa Kuruman ba kgaotswe mo
ditirong. Ba re ba setse ba amogela megala go tswa go bo
ramabenkele ba ba raya ba re ba duele kgotsa ba tla
tsweelwa dithoto. Re rata go go itsise fela gore Tona ...
(Translation of Setswana paragraphs follows.)
[The case of Kwa Gagesonyane in John Taolo Municipality,
JTG, of Mr Othusitse Moelane who stays in Magojaneng in
Kuruman, the Northern Cape. He bought a bed and a
television, only to realise when he got home that the goods
were defective. Upon taking them back, the owner of the
furniture store told him that it is not the shop‘s problem
and that he will not refund his money. [Laughter.] These
are some of the challenges our parents from the rural
areas, who cannot read and write, are still experiencing
and they are still being abused.
Currently, mineworkers from the rural areas such as
Gasegonyane, Magara, John Taolo Gaetsewe in Kuruman are
being retrenched. They complained that they are receiving
calls from business owners already for either debt
collection or repossession. I am only informing you
Minister ...]
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It is very important that we note the double blow of the
retrenched mine workers are going to be subjected to by
scrupulous business. In the current situation they will be
retrenched. And secondly, these business people will
exploit them knowing that they are unaware of the
regulations and their protection that seeks to address and
defend them. Therefore we make a clarion call to the
Consumer Credit Institution and National Consumer
Commission under your leadership in the DTI. To develop
integrated, coherent activities for enforcement programmes
which will encapsulate a vigorous education programme to
consumers about their rights and their responsibilities. In
order to empower them against the unethical business who
wants to take advantage of the illiterate rural people.
This institution should emulate and put into practice the
words of the legend Nelson Mandela, our former state
President when he said:
Education is the great engine of personal development.
This will go well with the rural people in Gasegonyane and
everywhere else in the country where the rural areas are
seated.
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I would like to commend and appalled the SABC2 programme of
Speak Out on the good work they are doing. In assisting our
poor illiterate consumers to recover their money, goods and
further educate them on their rights. [Applause.] The rural
development and rural enterprise development, credit
facilities and economic infrastructure programme of
government has unintended consequences were our people are
exposed to all form of marketing system. The government
wanted to redress the injustice of the past and access to
the market sector to the rural people to all forms of
marketing practices.
We know emerging technological changes which affect trading
methods and patterns. However, it comes with undesirable
exploitative and abusive business practices. The
Information and communication infrastructure which seek to
address accessibility by ensuring that internet broadband
capacity provide broadband access improves. It is also been
negated by unethical business behaviour of unscrupulous
businesses by employing robocalls. Robocalls are
telemarketing which the hon Dlamini, was referring to. It
is the recorded sales calls message generated by illegal
unless one has proven company debt given a written
permission to be called.
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And as well as auto diallers that can send out thousand
phones calls every minute for an incredibly low cost to
reach many people. This seeks to benefit only business
people. I see my time is up. To drive transformation of the
state we need developmental state that has capacity,
technical and organizational capacity to mobilize the
society and the state that is people centred and people
driven. Therefore we call all of us to come together when
we move SOUTH AFRICA forward. We call on the NGO‗s and the
civil society to assist us in ensuring that this credit
act, credit regulator and credit commissions are
implemented.
Mabogo dinku a a thebana. Rotlhe re tla aga setšhaba se sa
rona, re bo re ruta baagi ba rona ba ba dikobo di khutswane
ba kwa magaeng gore ba na le ditshwanelo le melao e e ba
sireletsang. Ke a leboga. (Translation of Setswana
paragraph follows.)
[Working together we can achieve more. All of us can work
together to build our nation and teach our people, who are
impoverished and are from the rural areas, that they have
rights and there are laws to protects them. Thank you.]
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Mr M KHAWULA: Hon House Chair, Hon Minister, my colleagues,
hon Somyo, hon Ntombela, hon Kholwane, South Africa has
passed legislation to ensure the protection of consumers
against all forms of unfair treatment and/or exploitation
by providers. Amongst other things, consumers are entitled
to accountability and disclosure of information by
suppliers. The Act ensures that the product does not cause
damages. The Act also provides the right to privacy; the
right to honest dealings; the right to fair and responsible
marketing; the right to fair value, good quality and
safety; the right to fair, just and reasonable terms and
conditions and the right to consumer equality.
The Act provides that if consumer rights are violated,
consumers can seek compensation in court or through the
National Consumer Tribunal.
Whilst the equality of all South Africans is a right
guaranteed in the Constitution, this is, in fact, a right
that gets violated left, right and centre with very little
or no consequence at all to the wrongdoers.
How many times do you enter a shop and get service in the
language of your choice, especial if you are an African?
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How often do suppliers bother at all to market their
products in languages that can be understood, especially by
the African masses? How often do providers bother at all to
draw up contracts on paper in languages that can be
understood by the African masses? These are issues that
need to be addressed.
The law itself is very discriminatory to the rural poor. If
you have an issue with the provider, you have to go to the
courts, which are urban and costly or to the National
Consumer Tribunal, which is located far away from the rural
people. All important offices in South Africa are located
in major cities where only the elite can be served and be
better protected.
Challenges confronting poor and marginal households in
South Africa include, like my colleague, Ms G M Manopole,
was saying, borrowing from informal credit sources with
high and unregulated interest rates. Even at the doorstep
of government programmes, at pension pay points, this
practice continues to harass the elderly and the
vulnerable.
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The informal economy in South Africa is the order of the
day, especially in townships and rural areas. The value of
the quality of goods sourced from this economy is highly
questionable, and who is there to ensure that the right to
fair value, good quality and safety is adhered to?
The consequences of borrowing from informal credit services
have disastrous effects on the needy, vulnerable
communities. Some of these negative effects include selling
household assets such as livestock, which affects the
livelihood of the homestead of rural communities. Borrowing
always comes with the cost of paying back the borrowed
amount plus insurmountable proportions of crazy interests,
which have a negative impact on poor households that are
already struggling.
Even with the class of our citizens who are literate, more
often than not, people get taken for a ride by suppliers in
various ways. The authenticity and credibility of
information provided on the application forms are often
intended to bypass a hurdle and a hindrance, which would
have been posed by the National Credit Regulator. These
suppliers always have a way of pretending to be assisting
with what to say, and what not to say, as if it is to the
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benefit of the consumer. Such behaviour is always a
disaster to the future sustainable livelihood of the
consumer in his or her ability to cope with credit.
In conclusion, on the one hand, the monitoring of the
implementation of the Act is crucial and on the other hand,
education of communities on the rights of consumers is of
utmost importance. So says the Inkatha Freedom Party. I
thank you.
Mr S KHOLWANE: House Chairperson, the Minister, members and
my colleagues, MECs from other provinces who are here
today, including the members of the media, I bring
fraternal and comradely greetings from Mpumalanga - the
place of the rising sun, because as the sun rises, the hope
of South Africa‘s consumers rises too.
Today marks almost a year after the unfortunate passing on
of one of our freedom fighters who was fighting against
injustices, Comrade, the late Minister Collins Chabane.
I rise to premise the theme of this debate on the Freedom
Charter, which envisages a society where the people shall
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share in the wealth of this country. This clause also finds
expression in our Constitution.
The theme, as we already know, ―Advance our national
resolve to protecting the social and economic welfare of
our consumers‖ is central to our Constitutional
jurisprudence, which is the supreme legal protection and
enforcement of consumer rights, underpinned by universal
human rights.
To this end, as a country, we have come a long way since
1994 to put in place economic policies, which seek to
restructure the economy and eliminate inequitable
distribution and acquisition of goods and services, defined
by the intersection of race, class and gender.
As we join the nations of the world in genuine partnership
to advance consumer rights, we must first and foremost
denounce the scourge of racism, which continues to shape
the commercial landscape in our motherland and across the
globe.
Truth be told is that racism might have been removed from
our statute books but its harm, historic scars and effects
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remain visible in our day-to-day social and commercial
transactions.
I am being reminded of a newly appointed official in the
department I am leading who saw an advert three minutes
after it was posted for a flat to let, only to be told one
minute later that the flat had already been booked.
However, when a white colleague called two hours later,
enquiring about the same flat, he was told to pay the
deposit immediately to secure the flat. This is how racism
can undermine consumer rights.
As we celebrate international days like this, we must be
guided by the fundamentals of the political economy to,
amongst others, ―deracialise‖ ownership and assets such as
land, and private equity. As we speak, ownership of equity
listed on the Johannesburg Stock Exchange is skewed along
racial lines.
We remain with the big task to continue the struggle, which
seeks to equalise the distribution of income between
population groups. We must restructure state assets and the
procurement regime to support historically marginalised
consumers.
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Government‘s affirmative procurement policy framework, the
National Consumer Protection Act and other related pieces
of legislation form part of the ANC-led government‘s
commitment to advance our national resolve of protecting
the economic and social welfare of consumers.
To this end, as the Mpumalanga province, we continue our
quest to create awareness on consumer rights, by educating
and empowering our people about their rights and
responsibilities. This is evident in the number of consumer
complaints we continue to receive.
It is pleasing to note our success. In the last two
financial years, we have investigated and resolved a total
of 3 708 cases, which were reported to us by consumers. In
the process, the caring ANC-led government was able to
recover about R12,8 million on behalf of consumers.
As the cherry on top, these successes were confirmed by the
Auditor-General after auditing the department‘s performance
report and financial statements.
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The money we recovered on behalf of consumers went back to
the pockets of the people in our province, thus protecting
the social and economic welfare of consumers.
We must work together to implement the United Nation‘s
Sustainable Development Goal on Consumer Protection, which
urges all countries to have implemented the guidelines
thereof by 2030. The sustainable development goals are set
to replace the Millennium Development Goals, in due course.
According to the United Nation, consumer rights are central
to achieving sustainable development, given that they
contribute to a fairer, safer and healthier society, and a
more equitable and efficient economy.
Once consumer rights are protected, they will contribute to
the achievement of many other sustainable development
goals, such as poverty eradication, equitable economic
growth, improved health, water and food.
The recent march by the ANC, to mobilise society against
racism did not only underline the fragile social fabric but
it also highlighted racism as a stubborn barrier to the
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advancement of our national resolve to protect the social
and economic welfare of consumers.
United in action with the nations of the world, we will
restructure global and cultural relations for the benefit
of humanity.
I therefore thank this august House for agreeing to debate
the subject under consideration. The delay or avoiding of
the national discussion on the theme before this House
would not have served the cause of human fraternity. I
thank you. [Applause.]
Mr J M MTHETHWA: House Chairperson and hon members, it is
my privilege to stand here before you during this month of
human rights. It is of course, Madiba who intoned that ―to
deny people their human right is to challenge their
dignity‖. Accordingly, it has been the project of the
African National Congress to ask of ourselves, how to
entrench and affirm the human rights of our people? Human
rights – I am talking about human rights. [Interjections.]
[laughter.]
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In a week so we will be commemorating the lives of those
who took the bullet so that we may have the litany of human
rights that we are proud of talking about today. For we
must never forget that, at the heart of umzabalazo
[struggle] was a fiery belief that all of should have
inalienable right to life, land health, dignity, decent
work, food, shelter and security. According to the Deputy
President, the hon Cyril Ramaphosa, recently asserted this
call by highlighting the plight of sex workers. Speaking at
the launch of the National Sex Work Sector Plan, he
announced that the SA National Aids Council has partnered
with Legal Aid SA to provide legal and paralegal support
through a call centre service to sex workers who are
arrested.
We are aware that the human rights of sex workers are often
abused and undermined by those who are supposed to uphold
them. The intervention of the Deputy President and other
affected stakeholders will go a long way in curbing these
abuses that are often rife in a sector that predominantly
employs the working class. We will do well to remember that
the Consumer Protection Act 2008 was in response to the
poor customer service that was meted out to the most
working class among us. In this regard, I am certain that
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all of us sitting here can relate to an aunt or uncle who
because of his her average literacy skills was scammed of
substantial amount of money by furniture retailers and
lending institutions either by charging an incredible
amount of interest on procurement goods or inventing
additional costs that are immaterial if not unnecessary.
Let me substantiate this claim by providing you with an
example of a customer who bought a washing machine in a
higher purchase from one of the popular furniture shops.
The advert ... [Interjections.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Mtileni
Mr V E MTILENI: I just want to find out if the hon member
can take a question?
The HOUSE CHAIRPERSON (Mr A J Nyambi): Okay,
[Interjections.] No hon members. Hon Mthethwa, are you
already to take a question?
Mr J M MTHETHWA: In the bus I can take it.
Mr V E MTILENI: Can I ask?
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The HOUSE CHAIRPERSON (Mr A J Nyambi): No hon Mtileni, he
is saying he is not ready to take a question.
Mr V E MTILENI: Okay. Is he saying in the bus?
Mr J M MTHETHWA: In the bus. [Laughter.] The advert price
for the machine was R6 000 however, in the end the customer
ended up paying a total of R18 000 for the machine. Hon
members, how is it possible that in the age of the National
Consumer Act, retailers have the financial temerity to
charge unsuspecting consumers up to three times the value
of a particular product. Furniture shops and others ...
[Interjections.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Julius why are
you rising?
Mr J W W JULIUS: House Chair, just for relevance: With
consumer rights and sex work, I don‘t know whose consumer
rights are ... [Interjections.] [Laughter.]
An HON MEMBER: This one is naughty. [Laughter.]
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The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Julius, take
your seat. Continue hon Mthethwa.
Mr J M MTHETHWA: One of these furniture shops was last year
ordered by the National Credit Tribunal to refund
R44 million in fees that were wrongfully charged to
consumers. The tribunal was able to uncover that this
particular retailer sold employment insurance to the
unemployed as well as to pensioners. Of course, we
understand that for business it is about the bottom line
and we equally understand that business is a mercurial
field filled with uncertainty. Even so, these reasons are
not sufficient enough to operate on a predatory basis,
stalking the elderly, vulnerable and the uninformed in
order to appreciate a return on investment.
We laud the success of the National Credit Tribunal in the
recuperation of about R200 million to nearly 200 consumers
as well the number of compliance notices that have been
issued. Even though we celebrate the success of the
tribunal to hold the guilty to account, we are aware that
they operate under limited resources and it remains our
design that agencies such as these are bolstered
sufficiently in order to be able to deal with the scourge
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of abuse perpetrated by retailers whose interest is not in
the right of consumers that frequent them, but rather in
their exploitation, their financial dispossession and lure
to misleading concepts such as cheap credit when in truth
we all know that credit is expensive, the story of African
Bank as well as 4 million over indebted consumers and
11 million consumers who have missed three or more payments
attest to this.
Not so long ago, the hon Minister Lindiwe Zulu facilitated
a conversation with a constituency of retailers and small
business in eMfuleni, a working class settlement that
sprawls 30 kilometres outside the city of Cape Town. I wish
to highlight the workshop for two reasons: The first being
that these retailers and small businesses are mostly
operating within the informal economic and perhaps
experience first-hand both the challenges and the issues
that consumers face. But far more importantly, this retinue
of aspirational businessmen and women had just completed a
course in retail conduct. One of these aspiring business
women, Mrs Thozama Gwante, who runs a shisa-nyama in town
to sum it up all in the following words and I quote: ―We
are happy to see that the Minister is making a follow up on
what she discussed with us. The training shed light on many
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things such as customer care, how to handle our finances
and that we must keep our business clean.‖
It is in this spirit that we urge businesses to conduct
themselves with integrity and customer care that the likes
of Mrs Gwate allude to. That those who sell goods and
financial product to poorest of the poor, the financial
illiterate among us, the working in a rural class, to not
want to exploit and make a quick buck through unscrupulous
business practices however tempting it might be to do so.
We commend the work of the national consumer protection
office as well as the undertaking by the by the National
Credit Tribunal in bringing to book those who wish to
operate outside the framework of the law.
In the year that we will be commemorating the 40th
anniversary of June 16, we must undertake to ensure that
the struggle for our human rights continues. We must ensure
that our people enjoy the rights they fought for, that they
are able to walk into any shop and irrespective of the
language they speak, the accents they have, the reading
skills they may or may not have, that they will be treated
with respect while being afforded a service that does not
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want to exploit, abuse or overcharge them. Our people
deserve better.
Sifuna ukusho lokhu ... [Isikhathi siphelile.] [We want to
say this ... [Time expired.]]
Mr F ESSACK: Hon Chairperson, hon members, fellow South
Africans, the Minister came here and said he expected to
hear some concrete speeches that would assist him to go
forward when he leaves the House but sadly none of that,
hon Minister, has still been forthcoming. Nevertheless, if
one pays attention, perhaps we should find pretty
interesting what I have to say.
It is common knowledge that South Africa is currently
facing the possibility of a ratings downgrade to junk
status this very week which makes today‘s debate even more
significant. This will have a huge influence on our social
reforms and quality of life.
The rights of South African consumers have been influenced
by various issues which have had a negative impact on the
day-to-day lives of South Africans - which, of course, is
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having a huge influence on our social reforms and our
quality of life as a whole.
The increase in electricity tariffs granted by National
Energy Regulator of SA, Nersa, a devastating drought
coupled with the rise in the fuel levy announced by the
Minister of Finance in his Budget Speech some two or three
weeks ago, will all further impact consumers already facing
unemployment and job losses.
It is during economic cycles, as we are currently
experiencing, that credit granting to consumers remain a
critical subject. South Africans are struggling - causing
our people and business to borrow even more money than they
can afford to repay. As my colleague, hon Faber, in his the
words said that if it was not for the low oil price - the
barrel, globally, South African consumers would be even
more worse off in terms of inflation, with the cost of
living that would have just escalated and gone through the
roof.
South Africans are exposed to an exorbitant amount of debt
and are continuously exposed to borrowing from loan sharks,
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as we know it. Couple this with exaggerated interest rates
and it becomes a high risk business.
I sometimes wonder if members of the ANC, hon Dlamini, and
the executive, even know what certain foods actually cost.
Based on the Pietermaritzburg Agency for Community Social
Action, Pacsa, food basket, in February 2016, four loaves
of brown bread would have cost a family R39,71. Two heads
of cabbage would cost R27,95 and 10 kilograms of potatoes
would have cost them R70,63. If a family consisted of three
adults and two children then this would mean that they
would need to spend R3 062 per month just to meet their
basic nutritional requirements - this, on an income of
R3 200 a month in terms of social grants for husband and
wife.
In 2015, Parliament approved amendments which were
instituted by the National Credit Regulator, NCR, in
September 2015. As the Minister mentioned, the intention
was to formalise the accessibility to credit by
implementing more stringent rules and assessment criteria
for loan applications.
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The South African people are being punished for being poor,
for trying to provide for their families and for not being
able to find work in our economic state.
At the conference hosted by the Department of Trade and
Industry in Sandton some two weeks ago, the National Credit
Regulator manager for statistics, Ngoako Mabeba, painted a
bleak picture when he said that consumers owed some
R1 63 trillion at the end of September 2015.
Now I say to you my colleagues, 22 years! Twenty two years
of democracy and this current ANC government can no longer
defend its track record. It is understandable that you get
your blood pressure high, but apply your mind. Sadly, under
the administration of the ANC, millions of South Africans
are becoming poorer by the day and you have fuelled our
unemployment rate to some 25% in this country.
This is why I say to you, colleagues, that South Africa
needs a government that does not punish its citizens that
are poor and vulnerable. Colleagues, friends, fellow South
Africans, what we need is a government that spends majority
of its money on the poor. A DA government will ensure a
competitive environment for job creation so that South
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Africans can provide for their food, potable water, access
to quality education and health for their families, which
is not forthcoming.
That caring government, hon Chairperson, you know, as well
I do - is the DA government. [Interjections.] Sadly, I have
heard some colleagues come up here and it is sad to see
that there was absolutely no substance in the speeches that
were presented here, hon Minister, and perhaps you will
guide and enlighten us when you do your rebuttal in a few
minutes.
I asked the hon Minister why is the National Credit
Regulator not being as proactive as it should be. The
situation has worsened year by year. Please give us a
concrete answer as to why there seems to be no apparent
urgency by the NCR.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Essack, sorry.
Hon Mququ?
Ms P C SAMKA: Chair, is the member prepared to take a
question?
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The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Essack, are you
prepared to take a question?
Mr F ESSACK: In the bus; that is the order of the day.
[Laughter.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): Can you take a seat.
He is not prepared to take a question.
Mr F ESSACK: So, yes. You know, hon Minister, I just want
to ask, we agreed that we talk about talks but sooner or
later we have to start seeing some visible improvement and
regulations being physically implemented by the NCR if we
are to make all of this functional. Hon Kwati Dlamini, you
had nothing much to say except that the ANC is the
government of the day. Really, I have no comment for you.
Today, hon Monopoly, you talked of a high level of poverty
and unethical business practice. I agree ma‘am, you know
...
Ms G M MANOPOLE: Hon Chair, I just want to find out to whom
hon Essack refers to as Monopoly. [Laughter.]
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The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Essack, you
can‘t refer to her as hon Manopoly, she is hon Manopole.
Mr F ESSACK: Sorry, just say it again.
The HOUSE CHAIRPERSON (Mr A J Nyambi): You must refer to
her as hon Manopole not as ...
Mr F ESSACK: Hon Manopole. [Laughter.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): As you conclude, hon
Essack ...
Mr F ESSACK: And I conclude, colleagues, that it is agreed
that the situation continues to regress under the culture
of corruption which is continuously fueled by the ANC. My
fellow South Africans, I thank you. [Interjections.]
Mr S G MTHIMUNYE: Hon House Chair, seated there and
listening to members of the DA specifically, combined with
hon Mtileni, I‘m not sure whether to refer to them as
strange bedfellows or opportunists of a special type. I
make reference to this because hon Engelbrecht according to
me, only chose to have interest in the people of
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Hammanskraal in 2016 and never in 1986. What opportunism?
Having said this, if you know the truth, it shall set you
free. In his book, The Pedagogy of the Oppressed, Paulo
Freire, a scholar of Marxism and Leninism, had this to say:
Problem-posing education, as a humanist and liberating
praxis, posits as fundamental that the people subjected to
domination must fight for their emancipation. To that end,
it enables teachers and students to become subjects of the
educational process by overcoming authoritarianism and an
alienating intellectualism;
Student and teachers in this case I am referring to
monopoly capital versus a consumer.
it also enables people to overcome their false perception
of reality. The world – no longer something to be
described with deceptive words – becomes the object of
that transforming action by men and women which results in
their humanization.
So, here come the ANC‘s ticks on the teachings of Paulo
Freire:
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South Africa‘s colonial experience and advancement by the
colonial order of capitalist mode of production was based
on the intersection of super exploitation and accumulation
structured by production relations of power based on class,
race and gender. These social and biological features
produced a political economy of exclusion and repression to
create the socioeconomic order of dependency on the
colonial master. Apartheid as a benefactor of colonial
history continued to entrench an inequality of ownership of
the economy which in turn led to the deepening of divisions
in our society, the perpetuation of the casualisation of
labour which drove up joblessness. The apartheid system
tendered to foster investment in capital intensive
industries that cannot provide employment for many.
Banks and retail outlets focussed on serving the core
formal economy, those in the former Bantustans and
townships were largely excluded and underserved. Flowing
out of the socioeconomic analysis above is the lack of
access to appropriate savings coupled with poor financial
literacy, consumer education and consumer protection. That
has deepened the class, gender, and race divide.
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Given that the then political dispensation did not care for
the majority of its people, the financial sector developed
in the same context, paying little attention to the working
class and the poor and little attention to the downtrodden
consumers. The financial sector in South Africa is
characterised by high and opaque fees and needs to undergo
transformation to be more transparent.
The cost-effective financial services are not going to take
people out of poverty; in fact they could deepen their
poverty. As defined in the strategy and tactics of the ANC,
the developmental state that is under construction is
strategic in its orientation and it has the capacity to
lead in defining a national agenda and in mobilising all
society to take part in the implementation and has an
organisational and technical capacity. It is this
developmental state approach that must shape the nature and
character of the financial sector, changing the lives of
our society as a whole which is the imperative of
liberation of Africans in particular and blacks in general.
Following the effective social dialogue with economic
stakeholders, the Financial Sector Campaigns Coalition,
FSCC, was established and sanctioned by the ANC. The
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financial sector is a platform for structural change in the
key sector of our economy.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Mthimunye. Hon
Mtileni, why are you rising?
Mr V E MTILENI: House Chair, on a point of order: I think
the hon member there is missing the topic. He is discussing
other things instead of being straightforward with the
topic.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Mtileni.
Mr V E MTILENI: We are discussing consumer rights but if
you check, not even a single sentence is talking to today‘s
topic.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Mtileni, can you
take a seat.
Mr V E MTILENI: I wanted to make you aware that he‘s
wayward as well.
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The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Mtileni, it‘s
not a point of order, but a point for debate. Ja, continue
hon Mthimunye.
Mr S G MTHIMUNYE: I may miss the point now but I may not
miss a point ...
... esikhaleni kwaNtombela. [... in the grounds next to
Ntombela homestead.]
There is no anarchy out there. There is policy that people
want and let‘s meet at the local government election
campaign, hon Mtileni. You may take your seat.
[Interjections.] [Laughter.] [Applause.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Mtileni, why are
you rising?
Mr V E MTILENI: Hon House Chair, which anarchy is he
referring to, if he may assist?
Lenxushunxushu akhuluma ngayo yiyiphi? [Which anarchy is he
referring to?]
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Which one is it?
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Mtileni, can you
take your seat. Without making it a dialogue, let me
address hon ... [Interjections.]
Mr V E MTILENI: I think he‘s being personal.
The HOUSE CHAIRPERSON (Mr A J Nyambi): No, hon Mtileng,
take you seat I will make a ruling. [Interjections.]
Inxushunxushu yiphi le akhuluma ngayo? [Which anarchy is he
referring to?]
The HOUSE CHAIRPERSON (Mr A J Nyambi): I‘ll make a ruling,
take your seat.
Mr V E MTILENI: Now, okay? Now?
The HOUSE CHAIRPERSON (Mr A J Nyambi): Yes.
Mr V E MTILENI: Okay.
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The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Mthimunye,
refrain from directly responding to members who are making
some utterances that are points of debate because that
might end up creating a problem in the House.
Mr S G MTHIMUNYE: House Chair, the campaign set is aimed at
intensifying a just fight against reckless and unsecured
lending practices that sink our people, especially the
workers and the poor, into unsustainable high levels of
debts that cause many social problems, devastating
households and communities.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Mtileni?
Mr V E MTILENI: House Chair, I have a point of order: It
mustn‘t be just as cheap as you put it. He must apologise,
I mean, the word ‗anarchy‘ has got its meaning. I thought
maybe you are going to ask him to withdraw the word
‗anarchy.‘ We are not anarchists. That is why I asked, who
is he referring to? Is he referring to the ANC, which has
failed the people for the past 20 years or to himself? He
is deviating from the speech.
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The HOUSE CHAIRPERSON (Mr A J Nyambi):No, hon Zwane, take
your seat.
Mr V E MTILENI: He is loosing the context of today‘s
debate.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Mtileni, in as
much as ... take your seat so that I can address you. You
can‘t use the word ‗cheap‘ and referring it to the
Presiding Officer. You are the first person that is
supposed to refrain from using words that are compromising
the decorum of this House. I‘m appealing to you, let‘s
allow hon Mthimunye to continue.
Mr V E MTILENI: The word ‗anarchy?‘
The HOUSE CHAIRPERSON (Mr A J Nyambi): No, there is nothing
that he has to withraw. In as much as I have asked you to
refrain from doing that, I have done the same thing with
him.
Mr V E MTILENI: All I wanted to know, House Chair, he said
there is no anarchy here and we‘ll meet at the polls. So, I
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was asking, who is he referring to? Is he referring to
himself? [Interjections.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Mtileni, I‘ve
addressed it. It‘s a point for debate. Don‘t subject me to
debating it with you. Can you take your seat; what you are
raising is irrelevant. Continue, hon Mthimunye.
Mr S G MTHIMUNYE: Hon Chair, the ANC believes that the
importance of consumer financial education lies in its
ability to improve people‘s financial wellbeing. The
current financial sector environment has abandoned
increasingly complex product offerings. This, combined with
a growing range of financial challenges facing households
at the macro and micro levels, implies that the enhanced
financial understanding and awareness by consumers is
essential. Improved consumer financial education reduces
information and promotes market transparency, competition
and efficiency. It also has a potential to increase access
and demand for financial products.
The current draft Consumer Financial Education Policy rests
on three pillars. Consumer financial education is not a
substitute for effective consumer protection and market
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conduct regulation, rather it is part of a wider policy
approach which includes properly regulating and supervising
the financial services industry and protecting individual
consumers. Consumer financial education requires a multistaggered approach that is centrally co-ordinated to ensure
the active involvement and co-operation of all.
Government schools and financial institutions, industry
associations, employers, trade unions, community
organisations and nongovernmental organisations need to cooperate [Interjections.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Essack, why are
you rising?
Mr F ESSACK: House Chairperson, on a point of order: Its
obvious man, I need to hear if the man will have the
audacity to take my question.
The HOUSE CHAIRPERSON (Mr.A J Nyambi): Hon Mthimunye, are
you ready to take a question?
Mr S G MTHIMUNYE: Ngizowuthatha umbuzo wakho esikhaleni
kwaNtombela mfowethu. [Uhleko.] [I will take your question
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outside of this House where you will meet your match.
[Laughter.]]
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Essack, he‘s not
ready to take a question, take a seat. Ja, he is not ready
to take a question.
Mr S G MTHIMUNYE: The major outputs, hon House Chair, are
that the national strategy should be developed taking into
account South Africa‘s realities and international best
practices. In addition, activists consumer bodies need to
be supported. Online price-comparison tools and forums to
complain about the quality of services provided provide an
invaluable function for the broader community. By applying
laws of general and specific application concerned the ANCled government can strengthen the consumer protection in
the country to improve the lives of our people.
The Consumer Protection Act is a law of general application
that needs to give way to sectors‘ specific legislation
that also provide protection to consumers and matters
related to it. In this regard the department and their
entities should work together on cross-cutting matters to
implement the programme of consumer education.
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One member from the DA asked why didn‘t we do it before? In
my other life I was a United Democratic Front, UDF,
activist and a civic movement activist. I was at the centre
of co-ordinating what was known as consumer boycotts in the
80s. And at that time the suppressive government which gave
birth to some of the members that are sitting here today,
found it problematic ... [Interjections.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Mthimunye, let
me recognise hon Van Lingen.
Ms E C VAN LINGEN: Chairperson, this member is actually
misleading the House. He cannot say that members of the
previous regime gave birth to members in this House. He
must withdraw and I insist.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Order members. Hon
Mthimunye, did you say the previous regime gave birth to
members sitting in the House?
Mr S G MTHIMUNYE: Chairperson, I said some members sitting
in this House. [Interjections.]
Mr S G MTHIMUNYE: Hon House Chair ... [Interjections.]
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The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Mtileni, take
your seat. Take you seat. Conclude, hon Mthimunye.
Mr S G MTHIMUNYE: Hon House Chair, the ANC lives, the ANC
leads. I thank you. [Applause.]
Ms E C VAN LINGEN: Chairperson, on a point of order: Hon
Farhat and hon Mpambo-Sibhukwana were on their feet, you
are ignoring them and you are not asking the member to
withdraw. [Interjections.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Van Lingen, I
recognised you because I thought you wanted to raise
something.
Ms E C VAN LINGEN: I am raising something. I am questioning
why you not recognising our members when they want to stand
on a point of order.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Let me address you.
When you were standing hon Essack was also standing and
when you got the opportunity he decided to sit down and
when he was concluding hon Essack was down, but I missed
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hon Mpambo-Sibhukwana. I‘m sorry, I missed you. Yes, I
missed you.
Ms T G MPAMBO-SIBHUKWANA: Hon ... [Interjections.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): No, you are not
recognised. I am acknowledging that I missed you. I am
sorry for that. There is no speaker now on the floor. Ja, I
acknowledge that I missed you. Thank you. No, take you
seat. Okay. No, hon Mthethwa, take your seat. Hon MpamboSibhukwana?
Ms T G MPAMBO-SIBHUKWANA: Hon Nyambi, I would like to say
in all fairness, I had long been standing here and for
future purposes can I please urge you to also look on the
left-hand side because this is a consistent thing that‘s
happening from the Presiding Officers. They never look on
the left-hand side. It is pathetic and they know exactly
this is the Western Cape side. It is posing some biasness.
It is also posing ... the value of fairness.
[Interjections.] It is not fair, it is not fair, hon
Nyambi. And can you please ask them to keep quiet because
you gave me permission to speak for future purposes.
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The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon MpamboSibhukwana ... Order, hon Zwane, take your seat. Hon
Mpambo-Sibhukwana, can you ... Order, members. Can you
please, hon Mpambo-Sibhukwana, withdraw the part which is
casting aspersion on Presiding Officers. The second thing,
in terms of Rule 46, you are deliberately making a
statement in the House that you know is false. Of course, I
have acknowledged the mistake of not seeing you when you
were standing but to imply that on the left it‘s only the
Western Cape, you even know, that is not true. Because we
do have members that are from the North West, who are part
of the left. So, withdraw casting aspersion on Presiding
Officers, I don‘t think it‘s the appropriate language. Can
you withdraw that?
Ms T G MPAMBO-SIBHUKWANA: I was voicing my opinion in this
regard, hon Chairperson, because there is consistency in
this practice that is happening. And this is my
observation, Chairperson.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon MpamboSibhukwana, I‘m dealing with two things. You deliberately
made a statement that you know is false. The left is not
only the Western Cape, that‘s the first thing. The second
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thing is that you are casting aspersion on Presiding
Officers. So, I‘m requesting you to please withdraw that.
Ms T G MPAMBO-SIBHUKWANA: My observation, Chairperson, this
has happened previously with hon Tau, that‘s why I‘m
raising the point of consistency; and is raising the
question of equality in terms of the way in which we are
being treated. That‘s why I‘m standing up on this point.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon MpamboSibhukwana, I‘ve asked you twice, and I‘m doing it for the
last time. Are you ready to withdraw or not?
An HON MALE MEMBER: You didn‘t see her. She was standing,
what was she ... you didn‘t see her, that‘s the proof.
The HOUSE CHAIRPERSON (Mr A J Nyambi): No, you are not
recognised. I‘m dealing with Mpambo-Sibhukwane. Take your
seat.
Ms T G MPAMBO-SIBHUKWANA: For peace‘s sake, I withdraw.
[Applause.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): Thank you.
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The MINISTER OF TRADE AND INDUSTRY: Chairperson, let me say
that I actually found this to be an interesting debate, and
I found that the reports that came from the provinces ...
The HOUSE CHAIRPERSON (Mr A J Nyambi): Sorry, hon Minister.
Hon Julius and hon Faber, please take your seats. We have
already concluded. There was no speaker at the podium.
Mr J W W JULIUS: [Inaudible.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): Not unless you would
like to raise a point of order to the Minister. Hon Faber,
take your seat.
Mr W F FABER: [Inaudible.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): No, I request you to
take your seat. I have not recognised you. I am asking you
to take your seat. You are not recognised. Take your seat.
Hon Julius, take your seat.
Mr J W W JULIUS: [Inaudible.]
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The HOUSE CHAIRPERSON (Mr A J Nyambi): You are not
recognised. Take your seat. Hon Julius, take your seat. For
the last time, hon Julius, take your seat.
Mr J W W JULIUS: [Inaudible.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Julius, kindly
withdraw from the Chamber until the end of the session in
the House. You are undermining the authority of the Chair.
Mr J W W JULIUS: [Inaudible.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): I am not getting
into any debate. There is no point of order. Please leave
the House. Hon Julius, leave the House. Continue, hon
Minister.
The MINISTER OF TRADE AND INDUSTRY: Thank you very much,
Chair. [Interjections.]
Mr J W W JULIUS: [Inaudible.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Julius, leave
the House.
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The MINISTER OF TRADE AND INDUSTRY: Chair, I am saying that
I actually want to thank the members, the majority of the
members who participated in the debate, for their
contributions. I thought that the reports on the provinces
...
Mr J W W JULIUS: [Inaudible.]
The MINISTER OF TRADE AND INDUSTRY: I have somebody
shouting in my ear here, Chair.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Julius! Hon
Smit, take your seat. I shall recognise you.
Mr C F B SMIT: Hon Chair ...
The HOUSE CHAIRPERSON (Mr A J Nyambi): No, he is rising on
a point of order. I have recognised him.
Mr C F B SMIT: House Chair, what is happening today in this
House is very dangerous. On which Rule did you deny the hon
Julius a point of order? A point of order can be raised
based on a procedure that has taken place, or is taking
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place, in the House or based on what an individual or
member said.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Let me assist you.
Yes, you have raised it. I will assist you. Take your seat
so that I can assist you. There was a speaker that
concluded. I missed hon Mpambo-Sibhukwana and then, when
she raised the point of order, we entertained the point of
order. I made a ruling, and then after finalising the
ruling, hon Essack and hon Julius decided to stand up and
challenge the ruling. [Interjections.]
Mr J W W JULIUS: [Inaudible.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): No, there was no
speaker. That is why I said not unless the point of order
is to the Minister. Then he said no, that it was not
directed at the Minister. So, hon Julius, I requested you
to leave the House. Hon Julius, please leave the House.
Mr J W W JULIUS: [Inaudible.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Julius, please
leave the House. Hon Julius, you cannot speak without being
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recognised. Even now, I have not recognised you. There is a
very clear ruling that you leave the House.
Mr J W W JULIUS: [Inaudible.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Julius, Rule
37(1) states:
The officer presiding may order a member to leave the
Chamber immediately for the remainder of the day‘s sitting
if the officer presiding is of the opinion that –
(b)
the member is in contempt of or is disregarding the
authority of the Chair.
Mr J W W JULIUS: [Inaudible.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): I am done with your
issue. Please leave the House. Usher, please assist us with
hon Julius. [Interjections.] Order, members! I have
requested the hon member to leave the House and now invoke
Rule 38(1):
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If an officer presiding is of the opinion that the
behaviour of a member is of so serious a nature that an
order to leave the Chamber for the remainder of the day‘s
sitting is inadequate, the officer presiding may order the
offending member to leave the precincts of Parliament
until the Chairperson of the Council has announced what
action is to be taken against the member.
Hon Minister, let me apologise for that. Order, members!
Hon Gaehler? Order, members!
Mr L B GAEHLER: Chairperson, I am worried about how we
handle matters here. We must be consistent. When the
members of the EFF were asked to leave the House and
refused to so, security was called. It is very important
that we must be consistent but, with hon Julius, you didn‘t
call security.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Gaehler, I was
definitely going to do that had he defied, but it was clear
that he was leaving.
Mr V E MTILENI: [Inaudible.]
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The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Mtileni, take
your seat! [Interjections.] Order, members! Sorry for that,
hon Minister. Please continue.
The MINISTER OF TRADE AND INDUSTRY: Thank you very much. I
was trying to say that I thought that, for most of the
debate, the contributions were actually ...
Mr V E MTILENI: My microphone is off – to show that you
care less about us. If it was somebody from the ANC, you
would say nothing and just wash your hands.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Mtileni, your
microphone is switched on. Secondly ...
Mr V E MTILENI: Most of the time when I address you, it is
off.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Firstly, your
microphone is on. Secondly, you are not recognised. You are
just speaking. I should have recognised you first.
Mr V E MTILENI: The EFF is around. It is coming. Don‘t
worry.
15 MARCH 2016
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The HOUSE CHAIRPERSON (Mr A J Nyambi): Take your seat.
Mr V E MTILENI: I am not threatening you. [Interjections.]
Mr O S TERBLANCHE: Chair, you have invoked certain Rules. I
beg you to go and watch the video of this plenary and
evaluate your own performance. You are not fair. For
instance, this hon Minister is supposed to take his seat
whilst I speak. He defies you. He defies everybody here.
[Interjections.]
The HOUSE CHAIRPERSON (Mr A J Nyambi): I never said he
should take his seat. Continue, hon Minister.
[Interjections.]
The MINISTER OF TRADE AND INDUSTRY: Chairperson, I was
trying to say that I wanted to thank most of the members,
starting with MEC Somyo, for the interesting reflections
about the work that has been done in the provinces.
Just to give a little bit of a picture, the situation is
that the majority of work to enforce consumer rights
through the bodies that are established is taking place in
three provinces. I think that is something we need to
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consider and concern ourselves with. Approximately 50% of
the cases are in Gauteng, 17% in the Western Cape and 13%
in KwaZulu-Natal. That means 80% of the cases are in the
more developed provinces of the country. Most of the cases
are to do with motor vehicles, with retail, and with ICT,
and the majority of the issues are unconscionable conduct,
defective goods and poor quality of service. That is the
broad statistics.
What I think I have picked out of this – and I didn‘t have
time myself, but the hon Dlamini did it very ably – was to
outline the rights that consumers enjoy under South African
law. I think what I am detecting in this debate is a degree
of consensus that those rights are, indeed, valuable and
important and that we need to move further forward to
ensure that those rights are enforced in South Africa.
In response to the hon Mtileni and also, to some extent,
the hon Khawula, I just want to say that it is not true
that it is costly and that only people with money have
redress under our law. Anybody can appear before the
National Consumer Tribunal. You do not require legal
representation. The tribunal also arranges for parties to
appear through cost-effective platforms like video
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conferencing and Skype at its own cost, so the consumers do
not have to travel to the tribune in Tshwane. It is also
essentially free for a consumer to take his or her case to
the tribunal, which makes it accessible even to low-income
consumers.
What I wanted to say, though, is that what is evident is
that not just the formal working of our structures is
important but also our ability to campaign on behalf of
consumers and consumer rights. I gave one example of a
campaign that our department spearheads. The principles
outlined by the hon Dlamini, for instance that it is not
legal to provide a product that causes harm or damage to a
consumer in South Africa, are very important for a number
of reasons. It is very important because the consumers
themselves will lose out if they are the victims of a
harmful product. I tried to point out in the case of the
paraffin stoves that it was also costly to our governmental
structures. We had to deal with the hospital costs, we had
to deal with providing relief to people who had become
victims of fires, we had to use the fire brigade, and all
of that.
15 MARCH 2016
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In addition to that, we have local producers who are
suffering because of competition from low quality, imported
products. Then I said one of the features of our consumer
legislation is that small traders are also treated as
consumers when they buy from other people, so small traders
who are trading in substandard products are also affected
negatively because they bear the consequences of passing
this on to others.
I said we‘ve been trying to lead this campaign. Let me say
that I didn‘t hear from the DA speakers. I heard a lot of
generalities about the economic climate in South Africa. I
didn‘t hear any specific comments about consumer issues.
So, let me just say that when we went to Kya Sands, the DA
councillor, Mr Mafokwane, was more than happy to see us
come there, but he didn‘t have the capacity or the ability
to organise a campaign like that. We are happy that he came
onboard and supports the campaign to get rid of these.
To the EFF claiming that they are going to lead a charge
for radical transformation – and that includes radically
changing the balance of forces between consumers and
suppliers – I would like to say that I wonder whether the
mayor of Thembelihle in the Northern Cape who has joined
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the EFF is still the mayor there, as he had joined the EFF.
I haven‘t noticed because it happens to be my constituency,
and I haven‘t noticed him leading any kind of campaign on
these kinds of issues.
Let me say that this is what we want to do. We want to lead
more campaigns around this. This one, I think, is of great
importance to low-income informal settlements. I put out my
hand here now and made the statement that we should work
together and work together as constituencies to take this
campaign further forward. What else is being supplied to
low-income people in this country that we can conduct
campaigns around where people are getting ripped off to
their own disadvantage and to the disadvantage of compliant
manufacturers in this country?
Let me just turn quickly – and unfortunately he is not here
– the hon Essack was the only one who raised any issues
about the National Credit Regulator. He mentioned that
there is R1,63 trillion debt in this country. I mentioned
it myself, and I talked about the high level of debt and
the possibility in the climate that we are going into that
there are going to be credit providers that will want to
cut corners to the disadvantage of consumers. I do hope –
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because the tradition of his party is that when we tighten
the regulations, when we tighten, for example, the
affordability assessments and we hear squeals from credit
providers, they are usually the mouthpiece and megaphone
for those – and trust on this occasion that won‘t be the
case because he said something different.
Let me also say that in the National Assembly portfolio
committee this morning, when they met with the National
Credit Regulator and they heard the same figure, it was the
ANC component that actually proposed that there should be
some kind of debt forgiveness programme in this country,
that we should be reducing the debt of over-indebted
consumers in this country. Why doesn‘t this House take it
up, and I would be very interested to see what the response
of Mr Essack and his colleagues is when it comes to
something like that.
What I really wanted to say is this is an area where – as I
said earlier on, the Constitution says it is an area of
concurrent competence – we need to work together. It is an
area where we need to strengthen consumer protection and,
particularly, we need to target strengthening of consumer
protection for lower income people. The institutions are
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there. We need to make more use of the institutions, but we
also need to take this up in the form of campaigns. Thank
you very much for your attention. I think this was a great
initiative. Thank you. [Applause.]
Debate concluded.
The HOUSE CHAIRPERSON (Mr A J Nyambi): Thank you, hon
Minister. That concludes the business of the day. On behalf
of the Chairperson of the NCOP and the Chief Whip of the
Council, let me thank the Minister, MECs, special
delegates, and members for this very important debate.
The Council adjourned at 17:31.
__________
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
THURSDAY, 10 MARCH 2016
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
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Draft Bills submitted in terms of Joint Rule 159
(1)
Courts of Law Amendment Bill, 2016, submitted by the Minister of Justice
and Constitutional Services.
Referred to the Portfolio Committee on Justice and Constitutional
Services and the Select Committee on Security and Justice.
TABLINGS
National Assembly and National Council of Provinces
1.
The Speaker and the Chairperson
(a)
Annual Performance Plan of the Independent Electoral Commission for
2016/17.
(b)
Annual Performance Plan of the Financial and Fiscal Commission (FFC) for
2016/17.
(c)
The Strategic Plan and Budget of the Auditor-General of South Africa for
2016-2019 [RP 373-2015].
15 MARCH 2016
2.
Page: 150 of 198
The Minister of Agriculture, Forestry and Fisheries
(a)
Annual Performance Plan of the Department of Agriculture, Forestry and
Fisheries for 2016/17.
(b)
Strategic Plan of the Perishable Products Export Control Board for 2016 –
2020 and Annual Performance Plan for 2016.
(c)
Strategic Plan of the National Agricultural Marketing Council for 2016/2021.
(d)
Strategic Plan (Corporate Plan) of Onderstepoort Biological Products (OBP)
SOC Ltd for 2016/17 - 2018/19 and Annual Performance Plan for 2015/16.\
(e)
Strategic Plan of the Ncera Farms SOC for 2015/16 – 2019/20.
(f) Annual Performance Plan of the Ncera Farms SOC for 2016/17.
(g)
Strategic Plan and Budget of the South African Veterinary Council for 2014 2016.
(h)
Business Plan of the Agricultural Research Council (ARC) for 2016/17.
(i)
Annual Performance Plan of the Marine Living Resources Fund (MLRF) for
2016/17.
15 MARCH 2016
3.
The Minister of Arts and Culture
(a)
4.
Page: 151 of 198
Annual Performance Plan of the Department of Arts and Culture for 2016/17.
The Minister of Defence and Military Veterans
(a)
Annual Performance Plan of the Department of Defence for 2016 [RP 3772015].
5.
(b)
Annual Performance of the Department of Military Veterans for 2016.
(c)
Annual Performance Plan of the Castle Control Board for 2016.
(d)
Corporate Plan of the Armaments Corporation (Armscor) for 2016.
(e)
Annual Performance Plan of the Military Ombud for 2016.
The Minister of Economic Development
(a)
Economic Development Annual Performance Plan for 2016/17.
(b)
Annual Performance Plan of the International Trade and Administration
Commission of South Africa for 2016/17.
15 MARCH 2016
6.
Page: 152 of 198
The Minister of Environmental Affairs
(a)
Annual Performance Plan of the Department of Environmental Affairs for
2016/17.
(b)
Strategic Plan of the South African National Biodiversity Institute (SANBI)
for 2015 – 2020.
(c)
Annual Performance Plan of the South African National Biodiversity Institute
(SANBI) for 2016/2017.
(d)
Strategic Plan of the South African Weather Service for 2015/16 - 2019/20.
(e)
Annual Performance Plan of the South African Weather Service for 2016/17.
(f)
Strategic Plan of the South African National Parks for 2016/17 - 2019/20.
(g)
Annual Performance Plan of the South African National Parks for 2016/17.
(h)
Strategic Plan (Corporate Strategy) of the iSimangaliso Wetland Park
Authority for 2016 – 2020 and Annual Performance Plan of the iSimangaliso
Wetland Park Authority for 2017/2021.
7.
The Minister of Finance
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(a)
Annual Performance Plan of National Treasury for 2016/17.
(b)
Strategic Plan of the Financial Intelligence Centre for 2016/17 - 2020/21 and
Annual Performance Plan for 2016/17.
(c)
Strategic Plan (Corporate Plan) and Budget of the South African Special Risk
Insurance Association (SASRIA) for 2016/2017.
(d) Strategic Plan of the Government Pensions Administration Agency for
2015/2016 – 2019/2020.
(e)
Annual Performance Plan of the Government Pensions Administration
Agency for 2016 – 2017.
(f)
Strategic Plan of the Pension Funds Adjudicator for 2016 – 2021.
(h)
Annual Performance Plan of the Pension Funds Adjudicator for 2016 – 2017.
(h)
Strategic Plan of the Office of the Ombud for Financial Services Providers for
2016– 2021.
(i)
Annual Performance Plan of the Office of the Ombud for Financial Services
Providers for 2016– 2017.
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(j)
Strategic Plan of the Accounting Standards Board for 2015 – 2019.
(k)
Annual Performance Plan of the Accounting Standards Board for 2016/17.
(l)
Strategic Plan of the Co-operative Banks Development Agency for 2016/17 –
2020/21 and Annual Performance Plan for 2016/17.
(m) Strategic Plan (Shareholders Compact for 2016/17) and Corporate Plan of the
Public Investment Corporation for 2016/17-2018/19.
(n)
Strategic Plan of the Financial Services Board (FSB) for 2015.
(o)
Annual Performance Plan of the Financial Services Board (FSB) for
2016/2017.
(p)
Strategic Plan (Corporate Plan) of the Development Bank of Southern Africa
for 2016/17.
(q)
Annual Performance Plan of the Office of the Tax Ombud for 2016/17 [RP
23 -2016].
(r)
Annual Performance Plan of the Independent Regulatory Board for Auditors
(IRBA) for 2016/17 – 2018/19
15 MARCH 2016
8.
Page: 155 of 198
The Minister of Health
(a)
Annual Performance Plan of the Department of Health for 2016/17 2018/2019 [RP 82-2016].
(b)
Strategic Plan of the National Health Laboratory Service (NHLS) for 2015/16
– 2019/20.
(c)
Annual Performance Plan of the National Health Laboratory Service (NHLS)
for 2016/17 – 2019/20.
(d)
Annual Performance Plan of the Compensation Commissioner for
Occupational Diseases in Mines and Works (CCOD) for 2016/17.
(e)
Annual Performance Plan of the South African Medical Research Council
(SAMRC) for 2016/17.
(f)
Strategic Plan of the Council for Medical Schemes for 2015 -2020 and Annual
Performance Plan for 2016/17.
(g)
Annual Performance Plan of the Office of Health Standards Compliance
(OHSC) for 2016/17.
15 MARCH 2016
9.
Page: 156 of 198
The Minister of Higher Education and Training
(a)
Annual Performance Plan of the Department of Higher Education and
Training for 2016/17 [RP 33-2016].
(b)
Annual Performance Plan of Agricultural Sector Education and Training
Authority (AGRI-SETA) for 2016/17.
(c)
Strategic Plan of Agricultural Sector Education and Training Authority
(AGRI-SETA) for 2016/17.
(d)
Strategic Plan for 2014/15 – 2018/19 and Annual Performance Plan of the
Banking Sector Education and Training Authority (BANKSETA) for
2016/17.
(e)
Strategic Plan of the Culture, Arts, Tourism, Hospitality and Sport Sector
Education and Training Authority (CATHSSETA) for 2016/17 – 2020/19.
(f)
Annual Performance Plan of the Culture, Arts, Tourism, Hospitality and
Sport Sector Education and Training Authority (CATHSSETA) for 2016/17.
(g)
Strategic Plan and Annual Performance Plan of the Construction Sector
Education and Training Authority (CETA) for 2016/17.
15 MARCH 2016
(h)
Page: 157 of 198
Strategic Plan for 2015 – 2020 and Annual Performance Plan for the Council
on Higher Education (CHE) for 2016/17.
(i)
Strategic Plan of the Chemical Industries Education and Training Authority
(CHIETA) for 2015/16 – 2018/19 and Annual Performance Plan for 2016/17.
(j)
Strategic Plan (Revised 2015) of the Education Training and Development
Practices Sector Education and Training Authority (ETDP) for 2015/16 –
2019/20.
(k)
Annual Performance Plan of the Education Training and Development
Practices Sector Education and Training Authority (ETDP) for 2016/17.
(l)
Strategic Plan for 2015/16 – 2019/20 of the Energy and Water Sector
Education and Training Authority (EW-SETA) and Annual Performance Plan
for 2016/17.
(m) Strategic Plan of the Financial and Accounting Services Sector Education and
Training Authority (FASSET) for 2015 – 2020.
(n)
Annual Performance Plan of the Financial and Accounting Services Sector
Education and Training Authority (FASSET) for 2016 – 2017.
15 MARCH 2016
(o)
Page: 158 of 198
Strategic Plan of the Food and Beverages Manufacturing Sector Education
and Training Authority (FOODBEV-SETA) for 2016/17 to 2020/2.
(p)
Annual Performance Plan of the Food and Beverages Manufacturing Sector
Education and Training Authority (FOODBEV-SETA) for 2016 – 2017.
(q)
Strategic Plan of the Fibre Processing and Manufacturing Sector Education
and Training Authority (FP&M SETA) for 2016 – 2021 and Annual
Performance Plan for 2016 – 2017.
(r)
Strategic Plan of the Health and Welfare Sector Education and Training
Authority (HW-SETA) for 2013 – 2019 and Annual Performance Plan for
2016/17.
(s)
Annual Performance Plan of the Insurance Sector Education and Training
Authority (INSETA) for 2016/17 and Strategic Plan for 2016 – 2021.
(t)
Strategic Plan of the Local Government Sector Education and Training
Authority (LG-SETA) for 2016 – 2021.
(u)
Annual Performance Plan of the Local Government Sector Education and
Training Authority (LG-SETA) for 2016 – 2017.
15 MARCH 2016
(v)
Page: 159 of 198
Strategic Plan of the Manufacturing, Engineering and Related Services Seta
(MER-SETA) for 2016/17 – 2020/21.
(w) Annual Performance Plan of the Manufacturing, Engineering and Related
Services Seta (MER-SETA) for 2016/2017.
(x)
Strategic Plan of the Media, Information and Communication Technologies
Sector Education and Training Authority (“MICT SETA”) for 2015/16 –
2019/20 and Annual Performance Plan for 2016 – 2019.
(y)
Strategic Plan of the Mining Qualifications Authority (MQA) for 2016 –
2021 and Annual Performance Plan for 2016 – 2017.
(z)
Strategic Plan of the National Student Financial Aid Scheme (NSFAS) for
2016/17 – 2019/20.
(aa) Annual Performance Plan of the National Student Financial Aid Scheme
(NSFAS) for 2016/17.
(bb) Strategic Plan of the National Skills Fund (NSF) for 2016/17 – 2020/21.
(cc) Annual Performance Plan of the National Skills Fund (NSF) for 2016/2017.
15 MARCH 2016
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(dd) Strategic Plan of the Quality Council for Trades & Occupations for 2015/16 –
2019 /20.
(ee) Annual Performance Plan of the Quality Council for Trades & Occupations
for 2016/17.
(ff)
Strategic Plan of the South African Qualifications Authority (SAQA) for
2015/16 - 2019/20 and Annual Performance Plan for 2016/17.
(gg) Strategic Plan of the Safety and Security Sector Education and Training
Authority (SAS SETA) for 2015/16 – 2019/20.
(hh) Annual Performance Plan of the Safety and Security Sector Education and
Training Authority (SAS SETA) for 2016/17.
(ii)
Strategic Plan of the Services Sector Education and Training Authority for
2011/12 - 2018/19.
(jj)
Annual Performance Plan of the Services Sector Education and Training
Authority for for 2016/17.
(kk) Strategic Plan for 2016/2019 of the Transport Education Training Authority
(TETA) for 2015 – 2016 and Annual Performance Plan for 2016 – 2017.
15 MARCH 2016
(ll)
Page: 161 of 198
Strategic Plan of the Public Service Sector Education and Training Authority
(PSETA) for 2016 – 2021.
(mm) Annual Performance Plan of the Public Service Sector Education and
Training Authority (PSETA) for 2016/17.
(nn) Strategic Plan of the Wholesale and Retail Sector Education and Training
Authority (W&R-SETA) for 2014/2019.
10. The Minister of Home Affairs
(a)
Annual Performance Plan of the Department of Home Affairs for 2016/17
[RP 68-2016].
(b)
Strategic Plan of the Government Printing Works (GPW) for 2017 – 2021.
(c)
Annual Performance Plan of the Government Printing Works (GPW) for
2016 - 2017.
11. The Minister of Human Settlements
(a)
Strategic Plan of the Department of Human Settlements for 2015 – 2020.
15 MARCH 2016
(b)
Page: 162 of 198
Annual Performance Plan of the Department of Human Settlements for
2016 – 2017.
(c)
Strategic (Corporate) Plan of the National Home Builders Registration
Council (NHBRC) for 2014 – 2019.
(d)
Annual Performance Plan of the National Home Builders Registration
Council (NHBRC) for 2016 – 2017.
(e)
Strategic Plan of the Estate Agency Affairs Board of South Africa for
2014 – 2019.
(f)
Annual Performance Plan of the Estate Agency Affairs Board of South
Africa for 2016/17.
(g)
Strategic Plan of the Housing Development Agency for 2014/15 –
2018/19.
(h)
Annual Performance Plan of the Housing Development Agency for
2016/17.
(i)
Strategic Plan of the National Urban Reconstruction and Housing
Agency (NURCHA) for 2014/15 – 2018/19.
15 MARCH 2016
(j)
Page: 163 of 198
Annual Performance Plan of the National Urban Reconstruction and
Housing Agency (NURCHA) for 2016/2017.
(k)
Strategic Plan of the Social Housing Regulatory Authority for 2014 –
2019.
(l)
Annual Performance Plan of the Social Housing Regulatory Authori ty for
2016/17.
(m)
Strategic Plan of the Rural Housing Loan Fund for 2014/15 – 2018/19.
(n)
Annual Performance Plan of the Rural Housing Loan Fund for 2016/17.
(o)
Strategic Plan of the National Housing Finance Corporation SOC LTD
for 2014/15 – 2018/19.
(p)
Annual Performance Plan of the National Housing Finance Corporation
SOC LTD for 2016/17.
(q)
Corporate Strategic Plan of the Community Schemes Ombud Service for
2014/15 - 2018/19.
15 MARCH 2016
(r)
Page: 164 of 198
Annual Performance Plan of the Community Schemes Ombud Service
for 2016/2017.
12. The Minister of International Relations and Cooperation
(a)
Annual Performance Plan of the Department of International Relations and
Cooperation for 2016 – 2017.
(b)
Revised Strategic Plan for 2015 – 2020 of the African Renaissance and
International Cooperation Fund and Annual Performance Plan for 2016 –
2017.
13.
The Minister of Justice and Correctional Services
(a)
Strategic Plan of the Department of Justice and Constitutional Development
for 2015/20.
(b)
Annual Performance Plan of the Department of Correctional Services for
2016/17.
(c)
Annual Performance Plan of the Department of Justice and Constitutional
Development for 2016/17.
15 MARCH 2016
(d)
Page: 165 of 198
Strategic Plan of the Special Investigating Unit (SIU) for 2015 – 2020 and
Annual Performance Plan for 2016/2017.
(e)
Annual Performance Plan of Legal Aid South Africa for 2016/17 and
Strategic Plan for 2015 – 2020.
(f)
Annual Performance Plan of the Office of the Chief Justice of the Republic of
South Africa (OCJ) for 2016/17.
14. The Minister of Labour
(a)
Strategic Plan (Revised) of the Department of Labour for 2015 – 2020.
(b)
Annual Performance Plan of the Department of Labour for 2016/17 [RP 762016].
(c)
Strategic Plan of the Unemployment Insurance Fund (UIF) for 2016 – 2017.
(d)
Annual Performance Plan of the Unemployment Insurance Fund (UIF) for
2016 – 2017.
(e)
Strategic Plan of the Commission for Conciliation, Mediation and Arbitration
(CCMA) for 2015/16 – 2019/20.
15 MARCH 2016
(f)
Page: 166 of 198
Annual Performance Plan of the Commission for Conciliation, Mediation and
Arbitration (CCMA) for 2016 – 2017.
(g)
Strategic Plan of the National Economic Development and Labour Council
(NEDLAC) for 2015/16 – 2019/20.
(h)
Annual Performance Plan of the National Economic Development and
Labour Council (NEDLAC) for 2016 – 2017.
(i)
Strategic Plan of the Productivity South Africa for 2016/17 – 2020/21 and
Annual Performance Plan for 2016/17.
(j)
Strategic Plan of the Compensation Fund for 2015/2020.
(k)
Annual Performance Plan of the Compensation Fund for 2016/17.
15. The Minister of Mineral Resources
(a)
Annual Performance Plan of the Department of Mineral Resources for 2016 –
2017.
(b)
Strategic Plan of the State Diamond Trader for 2016 – 2021.
15 MARCH 2016
(c)
Page: 167 of 198
Annual Performance Plan of the South African Diamond and Precious Metal
Regulator for 2015/16 – 2019/20 and MTEF Budget for 2016/17-2018/19.
(d)
2016/2017 Mintek Shareholder Performance Agreement (Shareholder
Compact).
(e)
Annual Performance Plan of the Council for Geoscience for 2016/17.
(f)
Revised Strategic Plan for 2016/17 – 2020/21 and Annual Performance Plan
of the Mine Health and Safety Council for 2016/2017.
16. The Minister of Police
(a)
Strategic Plan (Updated) of the South African Police Service for 2014-2019
and Annual Performance Plan for 2016/2017 [RP 39-2015].
(b)
Annual Performance Plan of the Independent Police Investigative Directorate
(IPID) for 2016-2017.
(c)
Strategic Plan of the Private Security Industry Regulatory Authority (PSIRA)
for 2017 – 2021.
17. The Minister of Public Service and Administration
15 MARCH 2016
(a)
Page: 168 of 198
Annual Performance Plan of the Department of Public Service and
Administration for 2016/17[RP 72-2016].
(b)
Annual Performance Plan of the Centre for Public Service Innovation for
2016/17[RP 54-2016].
18.
(c)
Annual Performance Plan of the National School of Government for 2016/17.
(d)
Strategic Plan of the Government Employees Medical Scheme for 2016.
The Minister of Public Enterprises
(a)
Strategic Plan of the Department of Public Enterprises for 2016/2017 –
2020/2021 and Annual Performance Plan for 2016/2017.
19.
The Minister of Public Works
(a)
Strategic Plan (Revised) of the Department of Public Works for 2015 – 2020.
(b)
Annual Performance Plan of the Department of Public Works for 2016 -2017.
(c)
Annual Performance Plan of the Agrément South Africa (ASA) for
2016/2017.
15 MARCH 2016
(d)
Page: 169 of 198
Strategic Plan (Revised) of the Property Management Trading Entity for
2015-2020.
(e)
Annual Performance Plan of the Property Management Trading Entity for
2016/2017.
(f)
Annual Performance Plan of the Construction Industry Development Board
(CIDB) for 2016/17.
(g)
Strategic Plan of the Council for the Built Environment for 2015 – 2020.
(h)
Annual Performance Plan of the Council for the Built Environment for 2016
– 2017.
(i)
20.
Annual Performance Plan of the Independent Development Trust for 2016/17.
The Minister of Science and Technology
(a)
Annual Performance Plan of the Department of Science and Technology for
2016-2017.
(b)
Strategic Plan of the Council for Scientific and Industrial Research (CSIR)
commencing 1 April 2016 and Annual Performance Plan for 2016/17.
15 MARCH 2016
(c)
Page: 170 of 198
Strategic Plan (Addendum) of the National Research Foundation (NRF) for
2015-2020.
(d)
Annual Performance Plan of the National Research Foundation (NRF) for
2016/17-2018/19.
(e)
Strategic Plan of the Human Sciences Research Council (HSRC) for 2016/17
– 2020/21.
(f)
Annual Performance of the Human Sciences Research Council (HSRC) for
2016/2017.
(g)
Strategic Plan of the National Advisory Council on Innovation for 2016-2021
and Annual Performance Plan for 2016/17.
(h)
Annual Performance Plan of the Technology Innovation Agency (TIA) for
2016-2017.
21. The Minister of Social Development
(a)
Annual Performance Plan of the Department of Social Development for
2016-2017 [RP 89-2016].
15 MARCH 2016
(b)
Page: 171 of 198
Annual Performance Plan of the South African Social Security Agency
(SASSA) for 2016/17 [RP 77-2016].
(c)
Strategic Plan of the National Development Agency for 2016/2021[RP 262016].
22. The Minister of Sport and Recreation
(a)
Annual Performance Plan of the Department of Sport and Recreation South
Africa for 2016/17.
23. The Minister of Telecommunications and Postal Services
(a)
Strategic Plan of the Department of Telecommunications and Postal Services
for 2015-2020.
(b)
Strategic Plan of the State Information Technology Agency SOC Limited
(SITA) for 2015 - 2019.
(c)
Annual Performance Plan of the State Information Technology Agency SOC
Limited (SITA) for 2016 - 2017
15 MARCH 2016
(d)
Page: 172 of 198
Strategic Plan of the Universal Services and Access Fund (USAF) for 20172021.
(e)
Annual Performance Plan of the Universal Services and Access Fund (USAF)
for 2017-2021.
(f)
Strategic Plan of the Universal Services and Access Agency of South Africa
(USAASA) for 2016-2017.
(g)
Strategic Plan of the National Electronic Media Institute of South Africa
(NEMISA) for 2016-2021.
(h)
Annual Performance Plan of the National Electronic Media Institute of South
Africa (NEMISA) for 2016/2017.
(i)
Strategic (Corporate) Plan of Sentech for 2016-2019.
(j)
Strategic (Corporate) Plan for 2016/17 – 2020/21 and Annual Performance
Plan of the Broadband Infraco for 2016/17.
(k)
Strategic (Corporate) Plan for 2016/17 – 2018/19 and Annual Performance
Plan of South African Post Office for 2016-2019.
15 MARCH 2016
(l)
Page: 173 of 198
Strategic Plan of ZA Domain Name Authority (ZADNA) for 2016/2017 –
2018/2019 and Annual Performance Plan for 2016/2017.
24. The Minister in The Presidency: Planning, Monitoring and Evaluation
(a)
Annual Performance Plan of the Department of Planning, Monitoring and
Evaluation for 2016/17 [RP 41-2015].
25. The Minister of Trade and Industry
(a)
Annual Performance of the Department of Trade and Industry for 2016-2019.
(b)
Strategic Plan of the National Empowerment Fund (NEF) for 2016/17-19.
(c)
Annual Performance Plan of the National Empowerment Fund (NEF) for
2016/17 - 19.
(d)
Strategic Plan of the Export Credit Insurance Corporation of South Africa
SOC Limited (ECIC) for 2016/17 - 2018/19.
(e)
Strategic Plan of the Companies and Intellectual Property Commission
(CIPC) for 2016/17 – 2020/2021.
15 MARCH 2016
(f)
Page: 174 of 198
Annual Performance Plan of the Companies and Intellectual Property
Commission (CIPC) for 2016/17 – 2018/2019.
(g)
Strategic Plan of the Companies Tribunal for 2016/17 – 2020/21.
(h)
Annual Performance Plan of the Companies Tribunal for 2016/17 – 2018/19.
(i)
Strategic Plan of the National Consumer Commission (NCC) for 2016/17 2020/21.
(j)
Annual Performance Plan of the National Consumer Commission (NCC) for
2016/17 - 2018/19.
(k)
Annual Performance Plan of the National Consumer Tribunal (NCT) for
2016/17 -2018/19.
(l)
Strategic Plan of the National Consumer Tribunal (NCT) for 2016/17 2020/21.
(m) (Five Year) Strategic Plan of the National Credit Regulator (NCR) for
2016/17 - 2020/21 and (Three Year) Annual Performance Plan for 2016/172018/19.
15 MARCH 2016
(n)
Page: 175 of 198
Strategic Plan of the National Gambling Board (NGB) for 2016 /21 and
Annual Performance Plan of the National Gambling Board (NGB) for
2016/17.
(o)
Attachment A: Risk Register of the National Gambling Board (NGB) for
2016/17.
(p)
Attachment B: Fraud Prevention Plan of the National Gambling Board
(NGB) for 2016/17.
(q)
Attachment C: Profile of Performance Indicators of the National Gambling
Board (NGB) for 2016/17.
(s)
Strategic Plan of the National Lotteries Commission for 2016 – 2021.
(s)
Annual Performance Plan of the National Lotteries Commission for 2016/17.
(t)
Strategic Plan (Updated) of the National Regulator for Compulsory
specifications (NRCS) for 2016/17 – 2019/2020.
(t)
Annual Performance Plan of the National Regulator for Compulsory
Specifications (NRCS) for 2016/17 – 2018/19.
15 MARCH 2016
(v)
Page: 176 of 198
Strategic Plan of the South African National Accreditation System (SANAS)
for 2014/15 - 2018/19.
(w) Annual Performance Plan of the South African National Accreditation
System (SANAS) for 2016/17 - 2018/19.
(x)
Corporate Plan of the South African Bureau of Standards (SABS) for 2016/17
- 2018/19.
(y)
Strategic Plan of the National Metrology Institute of South Africa (NMISA)
for 2016 - 2020.
(z)
Annual Performance Plan of the National Metrology Institute of South Africa
(NMISA) for 2016 -2019.
26. The Minister of Transport
(a)
Annual Performance Plan of the Department of Transport for 2016/17.
(b)
Corporate Plan of the Airports Company of South Africa SOC Limited
(ACSA) for 2017 - 2019.
15 MARCH 2016
(c)
Page: 177 of 198
Corporate Plan of the Air Traffic and Navigation Services Company Limited
(ATNS) for 2016/17 – 2018/19.
(d)
Strategic Plan of the South African Civil Aviation Authority (SACAA) for
2015/16 – 2020.
(e)
Annual Performance Plan of the South African Civil Aviation Authority
(SACAA) for 2016/17.
(f)
Strategic Plan of the Driving Licence Card Account (DLCA) for 2016/17 –
2018/19 and MTEF Budget for 2016/17-2018/19.
(g)
Annual Performance Plan of the Driving Licence Card Account (DLCA) for
2016/17.
(h)
Annual Performance Plan of the Ports Regulator of South Africa for
2016/2017.
(i)
Annual Performance Plan of the Cross-Border Road Transport Agency (CBRTA) for 2016 – 17.
(j)
Strategic Plan of the Road Accident Fund (RAF) for 2015-2020.
15 MARCH 2016
(k)
Page: 178 of 198
Annual Performance Plan (Final Draft) of the Road Accident Fund (RAF) for
2016 – 2017.
(l)
Strategic Plan of the Road Traffic Management Corporation for 2015 – 2020
and Annual Performance Plan for 2016/17.
(m) Strategic Plan of the Road Traffic Infringement Agency for 2015 – 2020.
(n)
Annual Performance Plan of the Road Traffic Infringement Agency for
2016/17.
(o)
Strategic Plan of the Railway Safety Regulator (RSR) for 2016 – 2021 [RP
73-2016].
(p)
Annual Performance Plan of the Railway Safety Regulator (RSR) for 2016 –
2017 [RP 74-2016].
(q)
Corporate Plan of the Passenger Rail Agency of South Africa (PRASA) for
2016 – 2019.
(r)
Strategic Plan of the South African National Roads Agency SOC Limited
(SANRAL) for 2015/16 – 2019/2020.
15 MARCH 2016
(s)
Page: 179 of 198
Annual Performance Plan of the South African National Roads Agency SOC
Limited (SANRAL) for 2016/2017 – 2018/2019.
27. The Minister of Water and Sanitation
(a)
Strategic Plan (Revised) of the Department of Water and Sanitation for
2015/16 to 2019/20.
(b)
Annual Performance Plan of the Department of Water and Sanitation for
2016/17 to 2018/19.
(c)
Corporate Plan of the Water Research Commission for 2016/17 – 2020/21.
(d)
Annual Performance Plan of the Breede-Gouritz Catchment Management
Agency (BGCMA) for 2016/2017.
(e)
Annual Performance Plan (Final Draft) of the Inkomati-Usuthu Catchment
Management Agency (IUCMA) for 2016-2017.
(f)
Corporate Plan of the Trans-Caledon Tunnel Authority for April 2016 –
March 2019.
National Council of Provinces
15 MARCH 2016
1.
Page: 180 of 198
The Chairperson
(a)
Notice of intervention issued in terms of section 139(1)(b) of the
Constitution, 1996 to Thabazimbi Local Municipality, Limpopo.
FRIDAY, 11 MARCH 2016
TABLINGS
National Assembly and National Council of Provinces
1.
The Minister of Arts and Culture
(a)
Annual Performance Plan of the Afrikaanse Taal-Museum and Monument for
2016/2017.
(b) Annual Performance Plan of the Iziko Museums of South Africa for 2015 –
2016.
(c)
Annual Performance Plan of the National English Literary Museum for
2016/2017.
15 MARCH 2016
(d)
Page: 181 of 198
Annual Performance Plan of the KwaZulu-Natal Museum for 2016/172018/19.
(e)
Annual Performance Plan of the Msunduzi/Voortrekker and Ncome Museums
for 2016 to 2017.
(f)
Annual Performance Plan of the National Museum – Bloemfontein for 2016 –
2017.
(g) Annual Performance Plan of the Ditsong Museums of South Africa for 2016 –
2017.
(h) Annual Performance Plan of the Robben Island Museum for 2015-2016.
(i)
Annual Performance Plan of the War Museum of the Boer Republics for
2016/2017.
(j)
Annual Performance Plan of the William Humphreys Art Gallery Kimberley
Northern Cape for 2016/17.
(k)
Annual Performance Plan of the Freedom Park for 2016/17.
(l)
Annual Performance Plan of the National Heritage Council for 2016/17.
15 MARCH 2016
Page: 182 of 198
(m) Annual Performance Plan of the National Film and Video Foundation for
2016/17.
(n)
Annual Performance Plan of the National Arts Council for 2016/17.
(o)
Annual Performance Plan of the South African Heritage Resources Agency
(SAHRA) for 2016 – 2017.
(p)
Annual Performance Plan of the South African Library for the Blind for
2016/17.
(q)
Annual Performance Plan of the National Library of South Africa for 2016 –
2017.
(r)
Annual Performance Plan of Artscape for 2016/2017.
(s)
Annual Performance Plan of the Performing Arts Centre of the Free State for
2016/2017.
(t)
Annual Performance Plan of the South African State Theatre for 2016 – 2017.
(u)
Annual Performance Plan of the Playhouse Company for 2016 – 2017.
15 MARCH 2016
(v)
Page: 183 of 198
Annual Performance Plan of the Windybrow Theatre for 2016 – 2017.
(w) Annual Performance Plan of the Luthuli Museum for 2016/2017.
(x)
Annual Performance Plan of the Nelson Mandela Museum for 2016/17.
(y)
Annual Performance Plan of the Market Theatre for 2016 – 2017.
(z)
Annual Performance Plan of the Pan South African Language Board
(PanSALB) for 2016 – 2017.
2.
The Minister of Basic Education
(a)
Revised Strategic Plan of the Department of Basic Education for 2015/16 –
2019/20.
(b)
Annual Performance Plan of the Department of Basic Education for 2016/17.
(c)
Strategic Plan of the South African Council for Educators (SACE) for
2015/16 – 2019/20.
(d)
Annual Performance Plan of the South African Council for Educators
(SACE) for 2016/17.
15 MARCH 2016
(e)
Page: 184 of 198
Strategic Plan of the Quality Council for General and Further Education and
Training (UMALUSI) for 2015/16 - 2019/20.
(f)
Annual Performance Plan of the Quality Council for General and Further
Education and Training (UMALUSI) for 2016/2017.
3.
The Minister of Cooperative Governance and Traditional Affairs
(a)
Strategic Plan of the Department of Traditional Affairs for 2015 – 2020 [RP
42 – 2016].
(b)
Annual Performance Plan of the Department of Traditional Affairs for 2016 –
2017[RP 43 – 2016].
(c)
Annual Performance Plan of the Department of Cooperative Governance for
2016 – 2017.
(d)
Annual Performance Plan of the Municipal Infrastructure Support Agent for
2016/17.
(e)
Annual Performance Plan of the South African Local Government
Association (SALGA) for 2016/2017.
15 MARCH 2016
(f)
Page: 185 of 198
Strategic Plan of the Commission for Religious and Linguistic Communities
(CRL) for 2016/17 – 2020/21.
(g)
Annual Performance Plan of the Commission for Religious and Linguistic
Communities (CRL) for 2016/17 - 2019/20.
(h)
Strategic Plan of the Municipal Demarcation Board (MDB) for 2015 to 2020.
(i)
Annual Performance Plan of the Municipal Demarcation Board (MDB) for
2016/17.
4.
The Minister of Economic Development
(a)
Annual Performance Plan of the Competition Tribunal for 2016-2017.
(b)
Annual Performance Plan of the Competition Commission for 2016/17.
(c)
Corporate Plan of the Industrial Development Corporation of South Africa
for 2016/17 to 2020/21.
5.
The Minister of Environmental Affairs
15 MARCH 2016
(a)
Page: 186 of 198
General Notice No 1190, published in Government Gazette No 39468, dated
2 December 2015: Biodiversity Management Plan for the African Lion
(Panthera Leo) in South Africa for implementation, in terms of section
43(1)(b)(i) read with section 43(3) of the National Environmental
Management: Biodiversity Act, 2004 (Act No 10 of 2004).
(b)
General Notice No 1191, published in Government Gazette No 39469, dated
2 December 2015: The Biodiversity Management Plan for White Rhinoceros
(Ceratotherium simum) in South Africa, in terms of section 43(1)(b)(i) read
with section 43(3) of the National Environmental Management: Biodiversity
Act, 2004 (Act No 10 of 2004).
(c)
Government Notice No 1207, published in Government Gazette No 39489,
dated 9 December 2015: Waterberg Bojanala Priority Area Air Quality
Management Plan, in terms of section 19(5) of the National Environmental
Management: Air Quality Act, 2004 (Act No 39 of 2004).
(d)
Government Notice No 5, published in Government Gazette No 39578, dated
8 January 2016: National pollution prevention plans regulations, in terms of
section 29(3) read with section 53(a) and (o) of the National Environmental
Management: Air Quality Act, 2004 (Act No 39 of 2004).
15 MARCH 2016
(e)
Page: 187 of 198
Government Notice No 6, published in Government Gazette No 39578, dated
8 January 2016: Declaration of greenhouse gases as priority air pollutants, in
terms of section 29(1) read with section 57(1) of the National Environmental
Management: Air Quality Act, 2004 (Act No 39 of 2004).
(f)
General Notice No 5, published in Government Gazette No 39589, dated 12
January 2016: Draft amendment of the norms and standards for the marking
of rhinoceros and rhinoceros horn, and for the hunting of rhinoceros for
trophy hunting purposes, under section 9(1)(c) read with section 100 of the
National Environmental Management: Biodiversity Act, 2004 (Act No 10 of
2004).
(g)
Government Notice No 1145, published in Government Gazette No 39423,
dated 19 November 2015: Draft notice declaring the Tsitsikamma National
Park Marine Protected Area, under section 22A of the National
Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003).
(h)
Government Notice No 1146, published in Government Gazette No 39424,
dated 19 November 2015: Draft Regulations for the Management of the
Tsitsikamma National Park Marine Protected Area, in terms of sections
48A(2) and 86(1)(a), (b) and (d) of the National Environmental Management:
Protected Areas Act, 2003 (Act No 57 of 2003).
15 MARCH 2016
(i)
Page: 188 of 198
Government Notice No 1147, published in Government Gazette No 39425,
dated 20 November 2015: Regulations pertaining to the Financial Provision
for Prospecting, Exploration, Mining or Production Operations under section
44(aE), (aF), (aG), (aH) read with sections 24(5)(b)(ix), 24(5)(d), 24N, 24P
and 24R of the National Environmental Management Act, 1998 (Act No 107
of 1998).
(j)
Government Notice No 1148, published in Government Gazette No 39426,
dated 20 November 2015: Intention to declare an extention to the Harold
Porter National Botanical Garden, under Section 33(1)(b) read with section
100 of the National Environmental Management: Biodiversity Act, 2004 (Act
No 10 of 2004).
(k)
Government Notice No 1034, published in Government Gazette No 39347,
dated 30 October 2015: Draft Estuarine Management Plans (EMPs) for the
Durban Bay and Orange River Mouth estuaries, in terms of section 34(1)(a)
read with section 53(1)(c) of the National Environmental Management:
Integrated Coastal Management Act, 2008 (Act No 24 of 2008).
6.
The Minister of Finance
(a)
Corporate Plan of the South African Airways SOC Limited (SAA) for 2016 2019.
15 MARCH 2016
7.
Page: 189 of 198
The Minister of International Relations and Cooperation
(a)
Revised Strategic Plan of the Department of International Relations and
Cooperation for 2015 – 2020.
8.
The Minister of Labour
(a)
Strategic Plan of the Sheltered Employment Factories for 2014 - 2018.
(b)
Annual Performance Plan of the Sheltered Employment Factories for
2016/17.
9.
The Minister of Rural Development and Land Reform
(a)
Annual Performance Plan of the Department of Rural Development and Land
Reform for 2016/17 [RP 112-2015].
(b)
Annual Performance Plan of the Ingonyama Trust Board for 2016/17.
(c)
Annual Performance Plan of the Commission on Restitution of Land Rights
for 2016/17.
10.
The Minister of Small Business Development
15 MARCH 2016
(a)
Page: 190 of 198
Strategic Plan of the Department of Small Business Development for 2016/17
– 2020/21.
(b)
Annual Performance Plan of the Department of Small Business Development
for 2016/17.
(c)
Corporate Plan of the Small Enterprise Finance Agency (SEFA) for 20172021.
(d)
Annual Performance Plan of the Small Enterprise Development Agency
(SEDA) for 2016/2017 – 2018/2019 .
11.
The Minister of Science and Technology
(a)
Annual Performance Plan of the South African National Space Agency
(SANSA) for 2016- 2017.
(b)
Strategic Plan (Revised) of the Academy of Science of South Africa
(ASSAF) for 2015/16 – 2019/20 and Annual Performance Plan for
2016/2017.
12. The Minister of Sport and Recreation
15 MARCH 2016
(a)
Page: 191 of 198
Annual Performance Plan of South African Institute for Drug-Free Sport for
2013 – 2018.
13. The Minister of Tourism
(a)
Strategic Plan of the Department of Tourism for 2015/16 – 2019/20 and
Annual Performance Plan for 2016/17-2018/19.
(b)
Strategic Plan (Final) of South African Tourism for 2016-2021 and Annual
Performance Plan for 2016/17.
14. The Minister of Trade and Industry
(a)
Report to Parliament on the 121 Tax Allowance Incentive administered by
the dti for April 2011 to March 2015.
15. The Minister of Women in The Presidency
(a)
Strategic Plan of the Department of Women for 2015 – 2020.
(b)
Annual Performance Plan of the Department of Women for 2016-2017.
15 MARCH 2016
(c)
Page: 192 of 198
Annual Performance Plan (Revised) of the Department of Women for 20152016.
16. The Minister in The Presidency: Planning, Monitoring and Evaluation
(a)
Strategic Plan (Revised) of The Presidency for 2015 – 2020.
(b) Annual Performance Plan of The Presidency for 2016/2017.
(c)
Work Programme of Statistics South Africa for 2016/17 (Book 1) [RP 822016].
(d)
Work Programme of Statistics South Africa for 2016/17 (Book 2) [RP 832016].
MONDAY, 14 MARCH 2016
TABLINGS
National Assembly and National Council of Provinces
1.
The Speaker and the Chairperson
15 MARCH 2016
Page: 193 of 198
(a)
1st Quarter Performance Report for the 2015/16 financial year.
(b)
3rd Quarter Performance Report for the 2015/16 financial year
Referred to the Joint Standing Committee on the Financial Management of
Parliament, in terms of section 54(2) of the Financial Management of Parliament
and Provincial Legislatures Act.
2.
The Minister of Communications
(a)
Revised Strategic Plan (Medium-Term) of the Department of
Communications for 2015/16 – 2019/20.
(b)
Annual Performance Plan of the Department of Communications for 2016/17
-2018/19.
(c)
Strategic Plan of the Government Communication and Information System
(GCIS) for 2015/16 – 2019/20.
(d)
Annual Performance Plan of the Government Communication and
Information System (GCIS) for 2016/17 – 2018/19.
15 MARCH 2016
(e)
Page: 194 of 198
Strategic Business Plan and Annual Performance Plan of the Media
Development and Diversity Agency (MDDA) for 2016/17 – 2020/21.
(f)
Strategic Plan for 2016/17 – 2021 and Annual Performance Plan of the
Independent Communications Authority of South Africa (ICASA) for
2016/17.
(g)
Strategic Plan for 2016 – 2021 and Annual Performance Plan of Brand South
Africa for 2016/17.
3.
The Minister of Higher Education and Training
(a)
Annual Performance Plan of the Wholesale and Retail Sector Education and
Training Authority (W&R-SETA) for 2016/17.
4.
The Minister of Police
(a)
Annual Performance Plan of the Civilian Secretariat for Police for 2016/17.
(b)
Annual Performance Plan of the Private Security Industry Regulatory
Authority (PSIRA) for 2016/17.
15 MARCH 2016
(c)
Page: 195 of 198
Report of the Civilian Secretariat for Police on compliance of the South
African Police Service (SAPS) with the Domestic Violence Act for the period
1 October 2014 to 31 March 2015, tabled in terms of section 6 of the Civilian
Secretariat for Police Act, 2011 (Act No 2 of 2011).
5.
The Minister of Public Enterprises
(a)
Eskom’s tariff increase for 2016-17 and amended pricing structure for
municipalities with effect from 1 July 2016, tabled in terms of section 42 of
the Local Government: Municipal Finance Management Act, 2003 (Act No
56 of 2003), and supporting documents required in terms of section 42(3) of
the same Act.
TUESDAY, 15 MARCH 2016
ANNOUNCEMENTS
National Council of Provinces
The Chairperson
1.
Message from National Assembly to National Council of Provinces in respect
of Bills passed by Assembly and transmitted to Council
15 MARCH 2016
(1)
Page: 196 of 198
Bill passed by National Assembly and transmitted for concurrence on 15
March 2016:
(a)
Revenue Laws Amendment Bill [B 4B – 2016] (National Assembly –
sec 77).
The Bill has been referred to the Select Committee on Finance of the
National Council of Provinces.
TABLINGS
National Assembly and National Council of Provinces
1.
The Minister of Communications
(a)
Strategic Plan (Corporate) of the South African Broadcasting Corporation
(SABC) for 2016/17 – 2018/19 and Annual Performance Plan.
2.
The Minister of Water and Sanitation
(a)
Amatola Water Board’s proposed increase in water tariffs for 2016-17, tabled
in terms of section 42 of the Local Government: Municipal Finance
Management Act, 2003 (Act No 56 of 2003).
15 MARCH 2016
(b)
Page: 197 of 198
Overberg Water Board’s proposed increase in water tariffs for 2016-17,
tabled in terms of section 42 of the Local Government: Municipal Finance
Management Act, 2003 (Act No 56 of 2003).
(c)
Magalies Water Board’s Proposed increase in Water Tariffs for 2016-17,
tabled in terms of section 42 of the Local Government: Municipal Finance
Management Act, 2003 (Act No 56 of 2003).
(d)
Mhlathuze Water Board’s proposed increase in water tariffs for 2016-17,
tabled in terms of section 42 of the Local Government: Municipal Finance
Management Act, 2003 (Act No 56 of 2003).
(e)
Sedibeng Water Board’s proposed increase in water tariffs for 2016-17,
tabled in terms of section 42 of the Local Government: Municipal Finance
Management Act, 2003 (Act No 56 of 2003).
(f)
Rand Water Board’s proposed increase in water tariffs for 2016-17, tabled in
terms of section 42 of the Local Government: Municipal Finance
Management Act, 2003 (Act No 56 of 2003).
(g)
Rand Water Board’s (Bushbuckridge Local Municipality) proposed increase
in water tariffs for 2016-17, tabled in terms of section 42 of the Local
15 MARCH 2016
Page: 198 of 198
Government: Municipal Finance Management Act, 2003 (Act No 56 of
2003).
(h)
Lepelle Northern Water Board’s proposed increase in water tariffs for 201617, tabled in terms of section 42 of the Local Government: Municipal Finance
Management Act, 2003 (Act No 56 of 2003).
(i)
Bloem Water Board’s proposed increase in water tariffs for 2016-17, tabled
in terms of section 42 of the Local Government: Municipal Finance
Management Act, 2003 (Act No 56 of 2003).
(j)
Umgeni Water Board’s proposed increase in water tariffs for 2016-17, tabled
in terms of section 42 of the Local Government: Municipal Finance
Management Act, 2003 (Act No 56 of 2003).
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