Hansard: NCOP: Unrevised Hansard

House: National Council of Provinces

Date of Meeting: 27 Nov 2018

Summary

No summary available.

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Minutes

TUESDAY, 27 NOVEMBER 2018
 

PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES

The Council met at 14:06.


The House Chairperson (Mr A J Nyambi) took the Chair and requested members to observe a moment of silence for prayer or meditation.


WESTERN CAPE - TOP FINANCIAL PERFORMER


(Draft Resolution)


Ms T G MPAMBO-SIBHUKWANA: House Chair, I hereby move without notice:


That the Council —


notes the Auditor General’s presentation in Parliament last week found the Western Cape to have received the highest number of clean audits in the 2018-19 financial year;

also notes that the Western Cape has consistently come out as the top financial performer according to the Presidency’s Performance Management Assessment Tool, MPAT, for the last five years; and


further notes that where the DA governs, clean governance follows. This is a clear indication to the voters of South Africa that the DA is ready to govern the country after the 2019 election.


The HOUSE CHAIRPERSON (Mr A J Nyambi): Is there any objection to the motion?


AN HON MEMBER: We object!


The HOUSE CHAIRPERSON (Mr A J Nyambi): In light of the objection the motion may not be proceed with; the motion without notice will now become notice of a motion.


NCOP DEPUTY CHAIRPERSON HANDS OVER HOUSE TO WHEELCHAIR-BOUND WOMAN IN OUDTSHOORN


(Draft Resolution)

Ms E PRINS: House Chairperson, I hereby move without notice:


That the Council —


notes that on Friday, 23 November 2018, the Deputy Chairperson of the National Council of Provinces, hon Raseriti Tau, together with the Deputy Minister of Human Settlements, Hon Ms Zou Kota, handed over a house to Ms Vuyiswa Stuurman of Bongolethu Township in Oudtshoorn;


also notes that the delivery of the house to Ms Stuurman was a fulfilment of a commitment that was made to Ms Stuurman when the NCOP was in Bongolethu in 2015 through its programme of Taking Parliament To The People, where Ms Stuurman shared her painful plight of lacking adequate shelter that was wheelchair friendly; and


congratulates the Deputy Chairperson and the Ministry of Human Settlement for following up on their commitment of assisting Ms Stuurman.


The HOUSE CHAIRPERSON (Mr A J Nyambi): Is there any objection to the motion?

HON MEMBERS: Yes!


The HOUSE CHAIRPERSON (Mr A J Nyambi): In light of the objection the motion may not be proceed with; the motion without notice will now become notice of a motion.


Ms N P KONI: House Chairperson, I want this House to note the objection of the EFF and we want to know who funded the house. Thank you.


The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon Koni, I already dealt with the objection so there is no need to entertain it. Hon Mthimunye.


KILLING OF TWO PEOPLE INSIDE THE REGIONAL COURT AT THE DURBAN MAGISTRATES COURT


(Draft Resolution)


Mr S G MTHIMUNYE: House Chair, I hereby move without notice:


That the Council —

notes with utmost concern and apprehension the brutal and senseless killing of two people inside the Regional Court at the Durban Magistrates Court yesterday;


also notes that a police officer from the Kwa-Mashu police station and his wife were appearing in the O’ Regional Court on the eighth floor of the Durban Magistrates Court where they were in the process of getting a divorce when the police officer shot his wife and brother-in-law, killing them instantly before turning the gun on himself;


conveys its heartfelt condolences to the families of the deceased; and


welcomes the investigation that was sanctioned by the Minister of Justice to determine the circumstances leading to this incident and ways of prevention similar incidents in future.


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


TWELVE YEAR PREGNANT AFTER BEING REPEATEDLY RAPED BY MEN FROM HER VILLAGE

(Draft Resolution)


Ms G G OLIPHANT: House Chairperson, we are doing motions without notice, right?


The HOUSE CHAIRPERSON (Mr A J Nyambi): Yes.


Ms G G OLIPHANT: Thank you. I hereby move without notice:


That the Council —


notes with utmost concern reports that a 12 year old girl from Pampierstad in the Northern Cape is pregnant after being repeatedly raped by men from her village;


further notes that three men aged 56 and 61 were arrested in Pampierstad and a 20 year old male suspect was also arrested at Welkom in the Free State after a police manhunt; and


welcomes the decisive intervention of the provincial commissioner of the Northern Cape, Lt-General Peter Shivuri for ordering the activation of the 72 hour action plan for the speedy arrest of the three suspects who are expected to

appear in the Kgomotso Magistrates Court on Monday, 3 December.


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


MIKE MANGENA ARRESTED AFTER DRUG MANUFACTURING PLANT FOUND ON HIS FARM


(Draft Resolution)


Ms L C DLAMINI: House Chair, I hereby move without notice:


That the Council —


notes with utmost concern the arrest of soccer legend Mike “Sporo” Mangena after a drug manufacturing plant was discovered on his Hillside farm in Randfontein;


also notes that Mike “Sporo” Mangena who had an illustrious soccer career playing for teams such as Kaizer Chiefs, Wits, Durban Bush Bucks, Mamelodi Sundowns and Moroka Swallows has denied any involvement in the drug manufacturing plant

during his bail application where he was granted a R50 000 bail;


further notes that Mike “Sporo” Mangena was arrested with three other suspects who are foreign nationals after the police were alerted to the drug manufacturing plant, which was put on a three-week observation by the Hawks, crime intelligence and anti-drug unit as part of our national concerted effort to wage a battle against the proliferation of drugs on our streets; and


congratulates the police for the tireless efforts to wage a fearless battle against drug peddling, especially the manufacturing of drugs on private properties such as farms and remotely located houses and storage facilities.


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


PUBLIC SERVICE COMMISSION TO CONDUCT AN INDEPENDENT INVESTIGATION INTO THE PERSONNEL PRACTICES PERTAINING TO MR LENNOX GARANE’S DEATH


(Draft Resolution)

Mr D STOCK: House Chairperson, I hereby move without notice:


That the Council —


notes and welcomes the announcement of the Speaker of the National Assembly and Chairperson of the National Council of Provinces, acting in their capacity as the Executive Authority of Parliament, to appoint the Public Service Commission to conduct an independent investigation into the personnel practices pertaining to the brutal death of Mr Lennox Garane who was an employee of Parliament and a Section Manager in the Multilateral Relations Unit of Parliament; and


finally notes that this investigation is intended to assess any possible breach or violation of relevant legislation, organisational policies and guidelines, his conditions of employment, the security apparatus of the institution and to ensure that decisive action is taken to prevent incidents of a similar nature in future.


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

LAUNCH OF 16 DAYS OF ACTIVISM AGAINST GENDER BASED VIOLENCE NATIONAL CAMPAIGN IN KWAZULU-NATAL


(Draft Resolution)


Dr H E MATEME: House Chair, I hereby move without notice:


That the Council —


notes and welcomes the launch of the 16 days of activism against gender based violence national campaign in Melmoth in KwaZulu-Natal province on Sunday;


further notes that during the launch, the Minister responsible for Women, hon Bathabile Dlamini, announced that government has partnered with Chapter 9 institutions and civil society groups to wage a concerted and fearless fight against the scourge of women abuse and gender based violence in the country; and


welcomes and expresses its utmost support of the 16 days of activism against gender-based violence national campaign;

joins the call to all the people of South Africa to stand up against all forms of violence against women; and


encourages all victims of gender-based violence to stand up and say #HearMeToo.


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


AFRICAN CONTINENT ACCOUNTS FOR THE SECOND HIGHEST NUMBER OF WOMEN KILLED BY INTIMATE PARTNERS


(Draft Resolution)


Ms T K MAMPURU: House Chair, I hereby move without notice:


That the Council —


notes with utmost concern that according to the United Nations study Global Study on Homicide: Gender-related killing of women and girls, the African continent accounts for the second highest number of women killed by intimate partners after Asia;

further notes that while about 20 000 women were killed by their intimate partners in Asia, about 19 000 women were killed in Africa last year;


expresses its utmost concern about the high numbers of women and girls who continue to lose their lives due to their intimate partners or family-related homicide; and


encourages all victims of gender-based violence to stand up and say #HearMeToo and appeal to all men to rise and say #NotInMyName.


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


FORMER NORTHERN CAPE ANC LEADER JOHN BLOCK STARTED HIS 15 YEAR JAIL TERM


(Draft Resolution)


Mr L V MAGWEBU: House Chair, I hereby move without notice:


That the Council —

notes that the former ANC Northern Cape Chair, John Block, has now started his 15 year jail term;


also notes that earlier this month the Constitutional Court dismissed an application by Jock Block and business man Christo Scholtz for leave to appeal their convictions and sentences for corruption and money laundering;


further notes that the case related to lucrative property tenders awarded by several Northern Cape government departments; and


congratulates our judiciary for their fight against corruption.


The HOUSE CHAIRPERSON (Mr A J Nyambi): Is there any objection to the motion?


HON MEMBERS: Yes!


The HOUSE CHAIRPERSON (Mr A J Nyambi): In light of the objection the motion may not be proceed with; the motion without notice will now become notice of a motion.

Mr F ESSACK: House Chair, through you, I just want to check if the hon Oliphant will be visiting Mr Block and taking him food once a week.


The HOUSE CHAIRPERSON (Mr A J Nyambi): You are out of order. Hon Chief Whip.


The CHIEF WHIP OF THE NCOP: House Chair, I move to amend the Order Paper that item two be differed from the Order Paper.


The HOUSE CHAIRPERSON (Mr A J Nyambi): Hon members, as there is no speakers list, I shall now put the question. The question is that the motion be agreed to? As the decision is dealt with in terms of section 65 of the Constitution, I shall first ascertain whether delegation heads are present. In accordance with Rule 71, I shall first allow provinces to make declarations of Vote if they so wish.


IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West.


Ms T G MPAMBO-SIBHUKWANA: Chairperson, for us it is not voting, it is a declaration. We are requesting to make a declaration, Chairperson?
 

 

The HOUSE CHAIRPERSON (Mr A J Nyambi): No, hon Mpambo-Shibhukwana, I started by allowing provinces that wanted to make a declaration.


Ms T G MPAMBO-SIBHUKWANA: Yes.


The HOUSE CHAIRPERSON (Mr A J Nyambi): and there was no province that wanted to make a declaration. Now we are voting. Is Western Cape voting?


Ms T G MPAMBO-SIBHUKWANA: Chairperson, can you be fair? Can you be fair and look on your left hand side? You only look on the right hand side and start with the Eastern Cape. You don’t look this side, because I had raised my hand.


The HOUSE CHAIRPERSON (Mr A J Nyambi): Now, we are voting.


Ms T G MPAMBO-SIBHUKWANA: Can you protect me from hon Dlamini?


The HOUSE CHAIRPERSON (Mr A J Nyambi): No, you are protected. Now we are voting. Let’s have the vote of Western Cape. We are voting.


Ms T G MPAMBO-SIBHUKWANA: Okay.

The HOUSE CHAIRPERSON (Mr A J Nyambi): Now, we are voting.


Ms T G MPAMBO-SIBHUKWANA: Chairperson, can I make a declaration for the number?


The HOUSE CHAIRPERSON (Mr A J Nyambi): Let’s finish voting, ma’am. We are voting. I am saying let’s have the vote of Western Cape. Are you agreeing or not agreeing?


Ms T G MPAMBO-SIBHUKWANA: I am not agreeing.


The HOUSE CHAIRPERSON (Mr A J Nyambi): Okay, thank you.


AGAINST: Western Cape.


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


CONSIDERATION OF ADMINISTRATIVE ADJUDICATION OF ROAD TRAFFIC OFFENCES AMENDMENT BILL [B 38D – 2015] (NA – SEC 76) AND REPORT OF SC ON ECONOMIC AND BUSINESS DEVELOPMENT THEREON

Mr M RAYI: Hon House Chairperson, hon Chief Whip, hon members, I am tabling the Report of Select Committee on Economic and Business Development the Administrative Adjudication of Road Traffic Offences Amendment Bill [B 38D — 2015] section 76.


The Select Committee on Economic and Business Development, having considered Administrative Adjudication of Road Traffic Offences, AARTO, Bill referred to it, reports that it has agreed to the Bill with amendments. The object of the Amendment Bill that is the AARTO seeks to amend the act in order to achieve efficiency and financial sustainability of issuing authorities, as well as the Road Traffic Infringement Authority.


It is to improve the manner of serving documents to infringers; to add to the functions of the Road Traffic Infringements Authority; to establish and administer rehabilitation programmes; to provide for apportionment of penalties; to provide for the establishment of Appeals Tribunal.


This Bill is the amendment to the 1998 Act which was promulgated to achieve the following: to promote road traffic quality by providing for a scheme to discourage road traffic contraventions, to facilitate the adjudication of road traffic infringement; to support

the prosecution of offences in terms of the national and provincial laws relating to road traffic; to implement a post demerits system and to provide for the establishment of an agency to administer the scheme.


When this Bill is implemented, the demerits points system will also be implemented. The demerits point system will provide for an easy and objective mechanism of identifying habitual infringers, so that the applicable penalties can be imposed, but those that continue to break the laws will find themselves ultimately losing their driving licences through suspension and cancellation of their drivers licence.


The AARTO Bill doesn’t only provide for a punitive measures but it is also provides for rehabilitation of drivers that might have lost their driving licence. The drivers can redeem themselves through the rehabilitation programmes.


So, with regard to the process that followed by the committee is that the committee after receiving the briefing on 24 October 2017. The Committee advertised the Bill for two weeks inviting all interested stakeholders to submit written submissions. Further, the

advert indicated whether stakeholders would like to make an oral submission.


The Committee facilitated public participation, and received four submissions prior to the closing date. All of the submissions were considered and all submitters were invited to make oral submissions. Only two submitters availed themselves to make oral presentation and two submitters declined.


On 14 and 21 August 2018 the Committee considered the negotiating mandates on the Bill. The Department of Transport responded on the submissions received and responded to questions by members in respect thereof.


On 21 August 2018, the Committee deliberated on the content of the Bill and considered the issues rose in the public participation period and the department’s response thereto. Having considered the matter, the committee agreed to adopt the Bill with amendments as follows:


That the following be new clauses in the Bill: that the Tribunal may, on good cause shown, condone the late filing of an appeals or review, but also with regard to the appeals and reviews, that is any
 

 

person affected by a decision of the Tribunal may apply to a Magistrate’s Court designated by the Minister in terms of the Promotion of Administrative Justice Act 3 of 2000, to review that decision; or appeal to a Magistrate’s Court against the decision of the Tribunal.


An appeal or review against the decision of the Tribunal must be lodged with the relevant Magistrate’s Court within 30 days of the decision of the Tribunal.


The other clause relate to the serving of documents to an infringer and that will be done in the following forms: through personal service; postage; or electronic service


With regard to the final mandate that were received by the committee, the following provinces voted in favour of the Bill: the Eastern Cape; the Free State; Gauteng; Kwa-Zulu Natal; Limpopo; Mpumalanga and Northern Cape. The Western Cape voted against the Bill, but the committee did not receive the final mandate from the North West province. The committee hereby recommends that the AARTO Amendment Bill be adopted by this house. I thank you, Chairperson.


Declaration of vote:
 

 

Ms T G MPAMBO-SIBHUKWANA: Chairperson, hon Members of the NCOP, fellow South Africans, the standing committee on Transport and Public Works reports that it confers on the Western Cape permanent delegate in the NCOP the authority not to support the Bill for the following reasons: accordingly, any sensible initiative aimed at achieving provincial and national goals are supported.


The Western Cape, therefore supports the strategic intend behind the development of the AARTO Act more particularly the desire to reduce road accidents and road fatalities, however, the Western Cape has concerns regarding the readiness of the road traffic infringement authority to implement the AARTO Act.


The lack of readiness was apparent when AARTO was piloted in Johannesburg and in Tshwane while this doesn’t directly relate to the Bill, the Western Cape Department of Transport and Public works feels that it is opportune to advise that the implementation of the AARTO Act in any area. If the authorities in that area is not ready for the implementation or the AARTO itself is not ready, it will lead to a breakdown of law on our roads which will in turn will results in roads safety being compromised.
 

 

As for this and the specifics stipulated in the final mandate, the Western Cape can’t support the AARTO Amendment Bill. I thank you, Chairperson.


Ms T WANA: Hon Chairperson...


IsiXhosa:

...thina siliphondo laseMpuma Koloni siya wuxhasa lo Mthetho siHlomelo oYilwayo phantsi kwengxelo ethi abantu abaninzi baganxeleka ezingozini ngenxa yokungakhathali kwabaqhubi. Xa sinokhe sijonge phaya kwingxelo yeengozi kunyaka wama-2014, ibonakalisa ama-
10 364 eengozi zokungquzulana kwezithuthi apho kulimala abantu. Ezo ngozi zikhokelele ekungxwelerhekeni kwabantu abaqikelelwa kuma-
20 702 abathe bakhubazeka umzimba abanye babazimfama unaphakade. Le ngcaciso ingaka igxeleshe ukuba lo Mthetho siHlomelo uYilwayo ube uyapasiswa kwaye usetyenziswe.


Ngonyaka wama-2015, kwangquzulana ama-10 613 ezithuthi kwangxwelerheka ama-12 944 abantu abathi bakhubazeka ubomi babo bonke. Njenge-ANC ekhathalayo, asikwazi ukuba sivumele abantu bethu babe belimala. Kufuneka siyiyeke enye into le ithethwa yeminye imibutho kuba kaloku abantu bona basoloko besiza kwi-ANC ukuza kucela izinto emazenziwe ngurhulumente. Akucelwanto kweminye le
 

 

imibutho ngabantu, nto nje ngabantu abenza ingxolo abangasayi kwenzanto ngalo mba. Siliphondo laseMpuma Koloni siyawuvuma lo Mthetho siHlomelo oYilwayo ukuba uqalise usebenze ngoko nangoko. Enkosi.


Ms M L MOSHODI: Hon Chairperson, Administrative Adjudication of Road Traffic Offences’ Amendment Bill will play an important role and promote road traffic quality by providing for a scheme that will discourage road traffic contravention and facilitate the efficient adjudication of road traffic infringement. The Bill seeks to amend the Act in order to achieve efficiency and financial sustainability of issuing authorities. Hon House Chair, the Free State legislature embarked on an extensive public consultation process on the Bill with five public hearings held on the Bill in the province.


After consideration of the inputs received on the Bill, the Free State Legislature has conferred the mandate to vote in favour of the Amendment Bill. I thank you, hon House Chair.


Voting


In favour: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape.
 

 

Against: Western Cape.


Bill accordingly agreed to in accordance of section 65 of the Constitution.


CONSIDERATION OF REPORT OF SELECT COMMITTEE ON TRADE AND INTERNATIONAL RELATIONS - AGREEMENT AMENDING ANNEX 1(CO-OPERATION ON INVESTMENT) OF THE SADC PROTOCOL ON FINANCE AND INVESTMENT (FIP); INCLUDING THE PROTOCOL ON FINANCE AND INVESTMENT.

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON TRADE AND INTERNATIONAL RELATIONS - AGREEMENT ESTABLISHING THE AFRICAN CONTINENTAL FREE TRADE AREA (AFCFTA).


CONSIDERATION OF REPORT OF SELECT COMMITTEE ON TRADE AND INTERNATIONAL RELATIONS - TREATY ON THE PROHIBITION OF NUCLEAR WEAPONS, DATED 14 NOVEMBER 2018.


Mr E MAKUE: Hon House Chairperson, members of the House, it is my appreciation for the opportunity to bring these important agreements to your attention for ratification. Hon Chair, with your permission I will go through one of the agreements and then request you to
 

 

guide us as to how we deal with it before I go to the others. Or would you want me to do all three at once, Chair?


The HOUSE CHAIRPERSON (Mr A J Nyambi): We are dealing with all of them at once.


Mr E MAKUE: Okay, thank you very much Chair. I will start off with the ratification of the agreement amending annex 1 of the SADC Protocol on Finance and Investment. In recognition of the increasing importance of the role played by investment to advance productive capacity; to increase economic growth and sustainable development and the importance of the link between investment and trade, SADC countries decided to review Annex 1 of the SADC Protocol on Co- operation and Investment.


The Investment Chapter of the SADC Protocol and Finance was concluded in 2006 and was based on the first generation approach to investment. The challenges related to this first generation bids are well known and include the limitations of the government’s right to regulate and open governments to legal challenges from private companies when government regulate in the public interest. The amendments are timely as a large number of countries are reforming their investment policies by reviewing them; adopting new
 

 

approaches; and developing new models for investment policy making aimed at addressing sustainable development concerns.


The Annex 1 ensures that overwhelming objective for the SADC countries is to protect investment to achieve inclusive growth and sustainable development. Annex 1 also promotes the right to regulate in the public interest. This is in accordance with Customary and International Law and other general principles of International Law which ensures that the whole state has a right to take regulatory or other measures to ensure that development in its territory is consistent with the goals and principles of sustainable development and with other legitimate social and economic policy objectives.


The amendment before us ensures alignment between the Investment Chapter of the SADC Finance and Investment Protocol in South Africa’s Protection of Investment Act. It also promotes regional co- operation in the area of investment. It further encourages SADC member states to create conducive environment for investment.
Finally, it recognises the importance of the link between trade and investment and in this regards, member states agree to promote interregional trade, interregional investment with the view to develop regional value change that is critical to regional industrial development and to change the structure of our economies.
 

 

South Africa’s ambition of attracting $1 billion in investment also rests on the access to growing regional market. The ratification of the amendments is critical to our broader development and regional integration objectives. The amendments to Annex 1 provide an appropriate framework on which member states of SADC should base their investment policies. It provides a framework for the harmonisation of the investment policies with the objectives of promoting regional integration and sustainable development.


Accordingly, I proudly present the amending access to this House for ratification.


Chairperson, I then immediately go up to African Free Trade Area Agreement. The agreement establishing the African Continental Free Trade Area was signed by South Africa on 01 July 2018 on the occasion of the 31 Ordinary Session of the African Union’s heads of state and government in Mauritania. Cabinet and the select committee on 07 November 2018 considered and subsequently recommended the agreement for ratification in accordance with section 231(3) of the Constitution of the Republic of South Africa.


In support of the objectives of this agreement both goods and services under phase one will include investment, intellectual
 

 

property and competition under phase two of the agreement. The African Union Assembly heads of state is directed that this agreement must enter into force by end of December 2018 and 22 instruments of ratification are required for the agreement to enter into force. As of 28 August 2018, 49 countries have signed the agreement with seven of these also having ratified it. It is therefore my pleasure to also present that agreement to you, Chairperson.


The third agreement that I intend to present to you is very short. Well, it was a shortest presentation ever to our select committee and was presented to us in 20 minutes but it is the most important decision for the world to make which is the agreement related to the ratification of the treaty on the prohibition of nuclear weapons. I am presenting this to you on behalf of our republic.


On 07 July 2017, a United Nations Conference adopted the Treaty on the Prohibition of Nuclear Weapons. The Treaty on the Prohibition of Nuclear Weapons is the culmination of the humanitarian initiatives on nuclear weapons launched in 2010 in response to the lack of progress on nuclear disarmament and the long standing impulse in multilateral nuclear disarmament negotiations. South Africa as a key player in the humanitarian initiatives and one of the regional
 

 

sponsors of the General Assembly resolution mandated the negotiations on the treaty together with Austria, Brazil, Ireland, Mexico and Nigeria and played a leading role during the process.


As of 26 September 2018, the date of the deposit of the last instrument or ratification, only Austria and Mexico have ratified the Treaty among this core group of states. Hon members, to date, 69 states have signed the treaty while 19 states have also deposited their instruments of ratification. Thus far, 15 African countries, out of that 69, including South Africa have signed the treaty and only one country, the small one, Gambia has ratified it.


Most of the African states are currently taking the necessary steps towards the signing and ratification to ensure its early entry into force. The treaty will enter into force 90 days after the deposit of the 50th instrument of ratification. I am reliably informed by the Department of International Relations and Co-operation that on the sides of their last meeting of the African Union, it was said that if South Africa adopts this, other African countries would feel much more comfortable to adopt it as well.


Therefore, given South Africa’s unique history and international standing in the nuclear arena, as well as the country’s commitment
 

 

to use nuclear energy for peaceful purposes only, the select committee recommends that South Africa rectifies the treaty. Hon Chairperson, the domestic process of ratification of international instruments has seen the treaty processed and adopted by Cabinet and tabled with Parliament in terms of Section 231(2) of the Constitution. The Department of International Relations and Co- operation has briefed both the Select Committee on Trade and International Relations and the Portfolio Committee on International Relations and Co-operation which has recommended the ratification of the treaty to the NA this afternoon


The select committee also recommends this treaty to this House. South Africa will collaborate with the Africa group, the non-aligned movement, civil society and other like-minded states to promote the entry into force of the treaty. In recognition of this historic achievement or coalition of about 100 civil society organisations under the International Campaign to Abolish Nuclear, Ican, weapons called ICAN was awarded the 2017 Noble Peace Prize for ICAN’s role in support of the adoption of the treaty. I present it to you with humility, hon House Chairperson and thank you. [Applause.]


Debate concluded.
 

 

Question put


Voting


In favour: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.


Report of Select Committee on Trade and International Relations - Agreement Amending Annex 1 (Co-operation on Investment) of the SADC Protocol on Finance and Investment (FIP); including the Protocol on Finance and Investment accordingly adopted in accordance of section
65 of the Constitution.


Debate concluded.


Question put


Voting


In favour: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
 

 

Consideration of Report of Select Committee on Trade and International Relations - Agreement establishing the African Continental Free Trade Area (Afcfta) accordingly adopted in accordance of section 65 of the Constitution.


Debate concluded.


Question put


Voting


In favour: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.



Report of Select Committee on Trade and International Relations - Treaty on the Prohibition of Nuclear Weapons, dated 14 November 2018 accordingly adopted in accordance of section 65 of the Constitution.


CONSIDERATION OF REPORT OF JOINT STANDING COMMITTEE ON THE FINANCIAL MANAGEMENT OF PARLIAMENT ON THE PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA’S 2017/18 ANNUAL REPORT, DATED 21 NOVEMBER 2018
 

 

Mr D M MONAKEDI: Hon presiding officer, hon Chairperson of the NCOP who is here in the House, hon Chief Whip, hon members, it’s an honour for me to table in this august House our committee report on the 2017-18 Annual Report of Parliament of the Republic of South Africa. The Joint Standing Committee on the Financial Management of Parliament is established as per the provisions of the Financial Management of Parliament and Provincial Legislatures Act No. 10 of 2009. It is further established in terms of the Joint Rules of Parliament. The Financial Management of Parliament and Provincial Legislatures Act mandates the committee to, amongst others, consider the Annual Report of Parliament.


Indeed, hon Chair, the committee has considered the Annual Report of Parliament for the 2017-18 financial year and reports as follows: Let me start by welcoming the unqualified audit outcomes with no material findings, which Parliament has sustained for the past four years since 2013-14 financial year. [Applause.] In essence, under the stewardship of hon Mme Modise for the entire Fifth Parliament, finances of Parliament have been managed prudently. I hope Chair, as the executive authority, Mme Modise as the Chair and the Speaker, will continue with this sterling performance.
 

 

For the 2017-18 financial year, Parliament has managed to hold executive accountable. In this regard, a total of 5 719 questions were put to the executive in the National Assembly, of which 5 264 were written and 455 were oral questions. In the National Council of Provinces, that is this House, 524 questions were put to the executive, of which 315 were written and 227 were oral questions.


To achieve its constitutional mandate of passing laws for the 2017-

18 financial year, a total of 18 Bills were passed by the National Assembly and the NCOP; and all of these 18 were assented to by the President.


For the first time in the history of Parliament, a Money Bill, that is the Adjusted Appropriation Bill, was amended using the procedure set out in the Money Bills Amendment Procedure and Related Matters Act, Act No. 9 of 2009. For this obviously, we need to thank all the members and it deserves for sure your applause. [Applause.]


You will recall that in the previous term, one of the biggest criticisms of Parliament’s public participation process was that it lacked a feedback mechanism and that previously identified challenges were rarely revisited. A noteworthy change in how Taking Parliament to the People was conducted in the 2017-18 financial
 

 

period, was Parliament's focus on following up on its commitments. For example, when members of this House visited the Alfred Nzo District Municipality in March 2018, it was a follow-up to the visit that took place in 2016, with special focus on issues previously raised.


All the afore-said achievements proved that this is a working Parliament. Of course, it is expected that Parliament should lead by example so that the other organs of the state which it oversees can follow on its good work. Indeed, Parliament has managed to substantially reduce the irregular, fruitless and wasteful expenditure during the 2017-18 financial year. However, in this regard, the committee is of the view that thorough investigations need to be conducted before the executive authority condone or write off deviations in terms of the Financial Management of Parliaments and Provincial Legislatures Act, FMPPLA. It is, therefore, on this basis that the committee recommends to Parliament to urgently establish the Treasury Advice Office, which was created or provided for the purpose of advising the executive authority with regard to the implementation of the FMPPLA.


Our committee also noted other areas needing attention. For the 2017-18 financial year, the committee noted with concern a discord
 

 

between expenditure and overall performance. This may be an indicative of inadequate planning and target setting which does not conform to SMART principles, that is Specific, Measurable, Attainable, Realistic, and Time-Bound principles. To illustrate this non-alignment, Parliament has achieved less than 57,9%, that is 11 out of 19 targets achieved of the set targets for 2017-18 financial year, but on the expenditure side, it almost spent all of its budget that was allocated. In this regard, the committee recommended that the executive authority should ensure that the Annual Performance Plan and budget are aligned and that performance targets are Specific, Measurable, Attainable, Realistic, and Time-Bound.


Lastly, Parliament has reported 140 or 9,9% active vacancies at the end of 2017-18 financial year. Although this is not a high vacancy rate, what is worrisome, is the high number of resignations of highly skilled employees, in particular specialists and managers.
The overarching motive for those resignations was the nature of their employment contract, which was on a fixed term. In this regard, the committee recommends that Parliament should consider converting the fixed term contracts into permanent positions, in particular for highly skilled and specialist so that it is able to attract the right skills, which in turn will assist Parliament to achieve its constitutional mandate. Furthermore, the committee
 

 

recommends that an inquiry into the administration of Parliament be considered to establish why there is so high turnover of qualified staff and managers. Of course, as a committee, we also noted and welcome the decision by the executive authority to appoint the Public Service Commission to look into the circumstances surrounding the death of Ntate Garane, as earlier on also there was a resolution that this House adopted.


In conclusion, an effective and capable Parliament, which ensures that the principles of economy, efficiency and effectiveness are at the centre of any decision making is what will drive the attainment of our national objectives as set in the National Development Plan, NDP. As such, the committee will continue to strictly monitor the performance of Parliament as per the requirement of the FMPPLA so that there is a positive impact on the lives of those we represent in this Parliament. The report is tabled for consideration. I thank you. [Applause.]


Mr L V MAGWEBU: Chair, I have a speakers list in my hand. What hon Monakedi has tabled as a report is from the Finance Committee but under the department here it says Select Committee on Trade and International Relations. I think this is a mistake that Chief Whip
 

 

... I think this is wrong, I am getting a bit confuse now. Do you have a speakers list before you, Chair?


The HOUSE CHAIRPERSON (Mr A J Nyambi): No, you might be having something which is written something that is wrong.


Mr L V MAGWEBU: I think it is cut and paste here.


The HOUSE CHAIRPERSON (Mr A J Nyambi): But what I have with me is correct. What he presented and how he introduces it, he introduces something that is correct. So, I note what you are raising. It is a valid point. They have to give you something that is correct.


Mr L V MAGWEBU: I appreciate that. Thank you,Chair.


Debate concluded.


Question put: That the Report be adopted.


In favour: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
 

 

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


CONSIDERATION OF JOINT OVERSIGHT REPORT BY THE SELECT COMMITTEE ON ECONOMIC AND BUSINESS DEVELOPMENT AND THE SELECT COMMITTEE ON TRADE AND INTERNATIONAL RELATIONS - THE WESTERN CAPE, WEST COAST DISTRICT MUNICIPALITY, DATED 14 NOVEMBER 2018


CONSIDERATION OF JOINT OVERSIGHT REPORT BY THE SELECT COMMITTEE ON ECONOMIC AND BUSINESS DEVELOPMENT AND THE SELECT COMMITTEE ON TRADE AND INTERNATIONAL RELATIONS - FREE STATE, MANGAUNG METROPOLITAN MUNICIPALITY, DATED 14 NOVEMBER 2018


Mr E MAKUE: Chair, I have requested 12 minutes, but the clock shows me 10 minutes. Do I have 10 minutes only, Chair?


The HOUSE CHAIRPERSON (Mr A J Nyambi): You have 10 minutes for both, hon Makue.


Mr E MAKUE: Chair, the focus of our visit to the Mangaung Metropolitan Municipality was to assess how government programmes are implemented to address the pressing socioeconomic challenges faced by the people living in this municipality. The oversight visit
 

 

observed and reflected on the efforts of both national and provincial development agencies including local government entities in addressing the challenges identified in the National Development Plan including the other government strategic action plans such as the nine-point plan. We had a multiparty delegation and we met with at least 13 organisations that participated in briefing us.


During the dates mentioned, we visited and conducted oversight on projects of each of those that participated in the briefing sessions. The full joint committee report contains the details. Due to time constraints this report will only highlight some of our findings and recommendations. We note with appreciation that Mangaung Metropolitan area is the largest contributor to the provincial gross domestic product. Economic challenges faced by this municipality have been shared with us and the following economic development challenges were identified: the declining investment in the province; lack of private sector appetite to invest in the metropolitan region; insufficient linkage of private and public sector investment; economic policy and programme initiatives are not adequately co-ordinated; there is a need to boost investment in infrastructure; mining and agricultural industries have experienced declines; and economic activities are not sufficient to absorb the increasing levels of unemployed people in the municipality. Despite
 

 

the city having two higher education institutions, the region experience inadequate skills. Rising poverty and unemployment is therefore on the rise.


We looked at policy and programme co-ordination and we just wish to emphasise that there is what is called the Department of Economic, Small Business Development, Tourism and Environmental Affairs, Destea, which is the in the province and it is collaborating with the Department of Agricultural and the Rural Development. The work of the Destea is supported by the two development agencies, namely, the Free State Development Agency and the Free State Tourism Authority. Partnership with the Mangaung Chamber of Commerce and Industries has also been noted and welcomed and there is a lot of room for improvement in that co-operation.


We visited projects that we have heard about from the chamber, the Kgalishiya General Supplies and a Caltex garage in Botshabelo that are doing very well. We visited the Mangaung Society for the Care of the Aged that if I was living in Bloemfontein, I would definitely want to retire there. It renders excellent services. We visited the Kopanong Women Enterprise which is struggling. We also visited the Unemployment Insurance Fund and the Transport Education Training
 

 

Authority that is training many young people as a project of Transnet.


We also visited the Skubile Bulk Bag Manufactures where a woman complained about how she is being treated by some agencies in government. We sent our support staff back to this project to make sure that we successfully intervene in lifting the potential of this bag manufacturing company. We visited the Department of Labour in the Free State where we were diverted because we were told about what happened in Wesselsbron where people and families from Taung in the North West are being transported to the Wesselsbron area and treated almost as slaves. We spoke to the Hawks, SA Police Service, SAPS and the intelligent agencies and our intervention ensured that those that are enslaving our people are brought to justice. The culprits were captured whilst we were there in the province and now we leave it to the courts to decide on that.


I will jump and talk about the Letsatsi Power Company where we know about the importance of electricity and what they are providing to people there. We also visited the gardens in Bloemfontein where the Department of Tourism is assisting them with the electrification project through solar power.
 

 

We then visited the Western Cape’s West Coast District Municipality which has five local municipalities within it. The purpose of the oversight was to assess the progress in implementing government development programmes and identifies challenges that need to be addressed by various government departments and agencies in order to influence growth and development in the regional economy. We want to recognise the participation of the agencies in accompanying us as we visited these projects and also accepting their accountability to this Parliament on an ongoing basis eve after the recommendations have been made. We would like to urge this House to look at ways in which we can ensure that follow up to the recommendations happen.


We also appreciate the participation of officials from the West Coast District Municipality, the Swartland Municipality, Department of Small Business Development, Trade and Industry, Labour, Small Enterprise Finance Agency, Sefa, Small Enterprise Development Agency, Seda, National Youth Development Agency, NYDA, and the list goes on.


Chairperson, allow me to look at the challenges. Lack of regional development funds hinders any opportunities to leverage private sector investment. The removal of the regional services council also creates challenges and reduces the revenue base of the
 

 

municipalities thus affecting development initiatives in a negative way. The district municipality has been operating under difficult challenges such as shortage of critical personnel, inadequate capital budget including lack of maintenance of vehicles and use of outdated equipments.


We also visited the Saldanha Bay Industrial Development Zone where we were exposed to the work that is happening in the oceans economy and how that bay is being planned to ensure that the plans of the Department of the Trade and Industry with regard to shipping repair facilities and also using the port better, is in fact realised. We visited the Sunrise Energy project that is bringing in liquid gas into our country. It was a pleasure to also share with them the plans that they have to contribute towards ensuring that we have sufficient energy supply, not only in the Western Cape, but also in the rest of our beloved country.


We visited the Atlantis Greentech Special Economic Zone. We are happy to announce to this House that the official designation of this special economic zone will be done by Minister Rob Davies on 6 December this year. It will become a fully-fledged special economic zone, SEZ, with all the benefits and the economic development opportunities and benefits that SCZs offer to the people living in
 

 

the province, especially the people of Atlantis and people living around it.


Our detailed report contains a long list of carefully considered observations and very importation recommendations. We humbly present this to the House for intervention and action. Allow me to thank all our hosts and support staff on behalf of all hon members of these two select committees for the wonderful co-operation and support that we received during these two oversights. I thank you, Chair.


Debate concluded


Question put: That the Report be adopted.


In Favour: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.


Report on the Western Cape, west coast district municipality, dated

14 November 2018 accordingly adopted in accordance of section 65 of the Constitution.
 

 

Report on the Free State, Mangaung Metropolitan Municipality, dated

14 November 2018 accordingly adopted in accordance of section 65 of the constitution.


The Council adjourned at 15:15.
 

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