Hansard: NA: Unrevised hansard

House: National Assembly

Date of Meeting: 29 Oct 2015

Summary

No summary available.

Minutes

THURSDAY, 29 OCTOBER 2015

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PROCEEDINGS OF THE NATIONAL ASSEMBLY

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The House met at 14:01.

The House Chairperson (Ms A T Didiza) 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

Ms D P MANANA: House Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House debates ways to strengthen partnership between government and institution of traditional leaders to focus on rural development and fighting poverty.

Thank you. [Applause.]

Mr T MAKONDO: House Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House debates youth empowerment.

So, I move. [Applause.]

Ms V KETABAHLE: House Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the EFF:

That the House debates the transformation of the South African legal system to ensure that the briefing patterns do not only favour white men.

So, I move.

Ms B S MASANGO: House Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:

That the House debates the growing pressure on pensioners to sustain and support their families.

Thank you.

Dr C Q MADLOPHA: House Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House -

Fostering of working relationship between the farming fraternity to improve the living conditions for the farming dwellers.

I so move.

Nksk N BALINDLELA: Sihlalo ohloniphekileyo, ndenza isaziso sokuba, xa le Ndlu ihlala kwakhona, ndiza kwenza isiphakamiso egameni leDA:

Sokuba le Ndlu -

Ithethe ngamandla xa ama-500 000 yabantu bekwimeko yendlala nokunqongophala kwamanzi kwiminyaka engangama-23.

Ndiyabulela Sihlalo. (Translation of isiXhosa notice of motion follows.)

[Mrs N BALINDLELA: Hon Chairperson, I give notice that, in the next sitting of this house, I shall move on behalf of the DA:

That this House -

Have a strong debate about 500 000 people who are in poverty and water scarcity in 23 years.

Thank you Chairperson.]

Ms M P MMOLA: House Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House debates the protocols to ensure that the Saps acts within the prescripts of the law and the national instruction when applying force in dealing with public protests and crowd control management.

I thank you.

Ms A MATSHOBENI: House Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the EFF:

That the House debates the highjacking and infiltration of popular struggles by the ANC in order to defect attention from their incompetence.

I so move.

Ms B J MALULEKE: House Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House debates the role that the private sector should play in assisting to address the country’s education financial challenges.

I so move. [Applause.]

Ms N NDONGENI: House Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House debates means necessary to discourage protesters from using violence to bring into attention their grievances.

I thank you.

The House Chairperson (Ms A T Didiza): Hon Steenhuisen you come and say yes, where is your motion?

ANC MEMBER: House Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

That the House debates youth empowerment.

The CHIEF WHIP OF THE OPPOSITION: House Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:

That the House -

Notes that in the House we passed the Maintenance Amendment Bill which provides for the blacklisting of maintenance defaulters in South Africa and that given the fact that Members of Parliament must have hold the law of the Republic that this debates the possibility of doing screening of MPs to see if any of us are maintenance defaulters and a public naming and shaming if that is the case.

I so move. [Applause.]

Mnu N L S KWANKWA: Sihlalo ohloniphekileyo, ndenza isaziso sokuba, xa le Ndlu ihlala kwakhona, ndiza kwenza isiphakamiso egameni le-UDM:

Sokuba le Ndlu -

Ishukuxe umba wokubukulwa nokubulawa kwabantu abangamaxhewukazi ezilalini betyholwa ngobugqwirha, yingxaki ekufuneka siyijongile.

Enkosi kakhulu. (Translation of isiXhosa notice of motion follows.)

[Mr N L S KWANKWA: Hon Chairperson, I give notice that, in the next sitting of this House, I shall move on behalf of the UDM:

That the House –

Address the issue of abuse and murder of elderly women being accused of witchcraft in the villages, this is a problem that needs consideration.

Thank you very much.]

Ms V VAN DYK: Voorsitter, hiermee gee ek kennis dat ek op die volgende sittingsdag van die Huis namens die DA voor sal stel:

Dat die Huis -

Die gebrek aan kommunikasie deur die Minister van Energie rondom die beplande kernkragontwikkeling in die Noord-Kaap, wat die enigste bergingsfasiliteit in die land het, debateer. Dankie.

(Translation of Afrikaans notice of motion follows.)

[Ms V VAN DYK: Chairperson, I hereby give notice that at the next sitting day of the House I will propose on behalf of the DA:

That the House debate the lack of communication by the Minister of Energy concerning the planned nuclear energy development in the Northern Cape, which has the only storage facility in the country. Thank you.]

Mr A G WITHFIELD: House Chair, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:

That the House debates the recent xenophobic attacks that took place in Grahamstown and the need for the urgent intervention by provincial government to restore peace and provide relief to those affected by the violence.

I so move.

CONDOLENCES ON THE DEATH OF CONSTABLE NKOSI PHENDULE MAKELENI

(Draft Resolution)

Mr N SINGH: Hon House Chairperson, I move without notice on behalf of the IFP:

That the House -

Extends its deepest condolences following the death of Constable Nkosi Phendule Makeleni, a 37 year-old Simonstown Sea Border police officer, who was shot dead at a primary school in Cape Town;

notes that he was killed while on duty in full SA Police Service uniform and that it is believed that his killers were after his pistol;
further notes that it is reported that more than 50 police officers have been killed in South Africa since January this year;

acknowledges that this number is higher than the number of police reported to have been killed last year;

further acknowledges that this alarming incident again underscores the fact that crime has reached unprecedented levels in SA, where police officers are targeted and lose their lives for the very weapons they carry for the protection of our communities; and

finally calls on parliament, government and all stakeholders to do more in our fight against rampant crime in South Africa which reflects a nation at war with itself

Mr M M DLAMINI: We send our condolences, but we object. Thank you.

The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you hon member, yesterday we agreed that if we make an objection, let us just make an objection without a preamble. Hon Chief Whip of the EFF and the member behind you, maybe yesterday, you might not have been there, but we made a point yesterday. Now, I miss the acting Chief Whip, Matiase. Where is he?

CONDEMNATION OF VIGILANTE ACTION IN STELLA NEAR VRYBURG

(Draft Resolution)

Mr A M SHAIK-EMAM: Hon House Chairperson, I move without notice on behalf of the NFP:

That the House -

notes that one man died and two others were admitted to hospital with serious injuries after they were allegedly assaulted with knopkieries and boiling water poured over them over a period of twelve hours by a farmer, his wife, and eight others in Stella near Vryburg, North West on Wednesday 28 October 2015;

also notes that the vigilante action started when four farm workers accosted the three victims while they walking in the veld on the farm and accused them of stock theft, where after the victims were then allegedly dragged to the farm house ;
further notes that: the farm owner was not at home when the victims were accosted by the farm workers, but upon his arrival he allegedly joined the farm workers together with his wife and four of his friends in assaulting and torturing the three men;

finally notes that police have arrested ten suspects on charges ranging from murder, attempted murder and kidnapping;

calls upon this honorable House to express its outrage at the alleged vigilante action of those arrested; and the investigative and prosecution authorities to leave no stone unturned to bring the alleged perpetrators of this heinous vigilante action to justice.

The HOUSE CHAIRPERSON (Ms A T Didiza): If there are no objections, I put the motion.

Mr N P KHOZA: The EFF objects.

The HOUSE CHAIRPERSON (Ms A T Didiza): Objection noted.

CORRUPTION IN THE OFFICE OF THE PREMIER OF MPUMALANGA A CONCERN

(Draft Resolution)

Ms H S BOSHOFF: Hon House Chairperson, I move without notice on behalf of the DA:

That the House -

notes with concern that the Office of the Premier of Mpumalanga is flouting tender regulations and breaking tender rules which may indicate blatant corruption, which will further keep the people of Mpumalanga from service delivery they desperately needed;

further notes that these tender regularities have been laid bare in the contradiction between the report of the accounting officer and the Auditor-General in the Office of the Premier’s Annual Report;

also notes that the accounting officer states that the invitation of competitive bids for threshold values above R500 000 is implemented consistently and that deviations from normal procurement processes are justified and sustainable which directly contradicts the Auditor-General’s findings when he stated that goods and services with transaction value above R500 000 were procured without inviting competitive bids as required by treasury regulations;

acknowledges that those who are political connected are receiving lucrative government contracts, with kick-backs making their way to the ruling parties coffers;

also acknowledges that those who receive contracts legally, are not being paid within the stipulated 30 days, further compromising the survival of Small, Medium and Micro-sized Enterprises, SMME’s, in this province;

further acknowledges that in DA governments, our service delivery records and delivery outcomes show that we are committed to spending public money efficiently and effectively, and in the interest of the people. [Interjections.]

The HOUSE CHAIRPERSON (Ms A T Didiza): If there are no objections, I put the motion.

Mr X MABASA: The ANC objects.

The HOUSE CHAIRPERSON (Ms A T Didiza): And the EFF, I am not sure whether you are going to object.

Mr N P KHOZA: We know that the Premier of Mpumalanga, DA ... [Interjections.] ... is corrupt but we object to the motion.

CONDOLENCES TO COMRADE REGGIE VANDEYAR’S FAMILY

(Draft Resolution)

Ms L A MNGANGA-GCABASHE: Hon House Chairperson, I move without notice on behalf of the ANC:

That the House -

notes with sadness the death of the struggle veteran, Reggie Vandeyar, on Wednesday 16 September 2015, at the age of 84;

recalls that Comrade Reggie, as he was fondly known, was the member of the Transvaal Indian Congress, the South African Congress, ANC, SACP, UDF and Mk;

further recalls that Comrade Reggie had been at the forefront of many campaigns, including the Defiance Campaign, and was a delegate to the Congress of the People that initiated the Freedom Charter;

understands that he worked across communities, particularly in African, Coloured and Indian communities, together with other veterans like Thomas Nkobi, the former Treasurer General of the ANC;

realises that he was amongst the first to sail the ranks of uMkhonto weSizwe, after its formation and was later imprisoned to 10 years and spent most of that period in Robben Island;

believes that his death is a great loss to the country and he was a rare calibre of a leader; and

finally conveys condolences to his wife, Assoo, family and friends for having lost a struggle icon that is irreplaceable.

The HOUSE CHAIRPERSON (Ms A T Didiza): If there are no objections, I put the motion.

Dr H CHEWANE: We extend our condolences but we object.

CONCERN ON LIMPOPO DEPARTMENT OF EDUCATION WASTEFUL EXPENDITURE

(Draft Resolution)

Ms D VAN DER WALT: Hon House Chairperson, I move without notice on behalf of the DA:

That the House -

notes with concern that Limpopo Department of Education is again the only province who received a disclaimer audit opinion for the 2014-15 financial year;

also notes that fruitless and wasteful expenditure amounted to R72 million, and irregular expenditure totals R2 209 billion;

further notes that this province in the current financial year budgeted R34 million for the provision of school furniture but has not spent it whilst learners in this province have to share desks and often have to sit on the floor;

notes that several newly built school projects are standing empty whilst learners are in some areas are still taught under trees and sit in overcrowded classrooms across our province;

also notes that yesterday was 100 days since the Basic Education Portfolio Committee did oversight to Setotolwane Secondary School for the Deaf and Blind, a school which was declared ‘unfit’, and many promises were made, yet, nothing have changed for these learners;

further notes that Limpopo province failed our children, teachers and communities through scandals like nondelivery of textbooks for several years, contaminated food under the school nutrition programme and recently cut the essential norms and standards funding to schools by almost 50%;

recalls that this department was under section 100(b)for several years and until to date has not been able to improve; and

urgently calls on the MEC of Education to prioritise delivery of quality education to all children of Limpopo in order for them to live their dreams and access opportunities to enter the economy as proud and worthy citizens of our country.

The HOUSE CHAIRPERSON (Ms A T Didiza): If there are no objections, I put the motion.

Mr X MABASA: The ANC objects.

The HOUSE CHAIRPERSON (Ms A T Didiza): The objection is noted.

END OF OUTSOURCING AT UNIVERSITIES

(Draft Resolution)

Ms M O MOKAUSE: Hon House Chair, I rise on behalf of the EFF to move without notice:

That the House -

notes with pride the gallant fight put by both students and workers at various universities in the country to put an end to the evil practice of outsourcing work;

further notes that the fight, under the banner “Fees Must Fall” was met with unprecedented hostility by both the universities and government, and that it was mainly due to the resilient fighting spirit of the students in particular that saw universities relenting and committing to scrap labour brokering and employ their own workers;

acknowledges that parasitic phenomenon of labour brokers has spread its suffocating tentacles to every sphere of South African society, and even this Parliament outsources basic functions that it could easily employ people to do;

further acknowledges that the cleaning staff in Parliament are employed through labour brokers, and get paid a mere R2 500 per month, while the owners of these companies pocket millions;

calls on Parliament to take lessons from the fight waged by students, and commit to insourcing its own workers, instead of subjecting workers to unscrupulous labour brokers;

further calls on the ANC-led government to ban labour brokers, and to stop outsourcing work that the government could easily do internally. The construction of roads and dams, the cleaning of buildings, the development of strategy documents and policies should be done by internal government staff, and not by consultants and tenderpreneurs belonging to the ANC; and

congratulates the “Rhodes-must-fall” and the “fees-must-fall” movement around the country for showing this generation what is possible when oppressed people work together for freedom.

The HOUSE CHAIRPERSON (Ms A T Didiza): If there are no objections, I put the motion.

An HON MEMBER: The ANC objects.

DURBAN REGIONAL COURT SENTENCES THREE MEN

(Draft Resolution)

Mr M S MABIKA: Hon House Chair, on behalf of the NFP I move without notice:

That the House –

notes that the Durban Regional Court on Tuesday, 28 October 2015, sentenced three men to lengthy jail sentences for human trafficking, kidnapping and sexual assault;

also notes that the court sentence follows after intensive investigation when two Durban women aged 18 and 19 were lured to Pretoria under the false pretext of employment where they were sexually violated, raped, forced to take drugs and coerced into prostitution;

further notes that two of the perpetrators, aged 32 and 30 years respectively, are Nigerian nationals who relocated to South Africa in 2008, and the third perpetrator is a 48-year-old South African from Newlands;
finally notes that human trafficking is a global problem which warrants outrage;

extends its congratulations to the investigative and prosecution team who had worked tirelessly since 2010 to bring the perpetrators to book; and

welcomes the sentences imposed by the Durban Regional Court which sends a clear signal to the would be human traffickers that these sort of offences are not to be tolerated.

The HOUSE CHAIRPERSON (Ms A T Didiza): If there are no objections, I put the motion.

Mr N S MATIASE: Madam Chair, the EFF objects.

MILLER FAMILY STARTS FACEBOOK CAMPAIGN #ANEWHEARTFORAMY

(Draft Resolution)

Mr M HLENGWA: Hon House Chairperson, on behalf of the IFP we move without notice:

That the House -

notes that a married couple, Natasha and Mike Miller have started a campaign on Facebook called #AnewheartforAmy in search for a donor heart for their young daughter who is in desperate need for one;

further notes that Amy Miller is a five-year-old who was born with congenital heart defect and has undergone a series of operations her first being an open-heart operation at only six days of age;

acknowledges that Amy’s heart is now tired and is in need of a heart transplant as she suffers from a defect known as hypoplastic left heart syndrome which affects blood flow through the heart, however the donor pool is too small; and

sends out it’s heartfelt compassion for the situation and wishes Amy and her parents all the best wishes with this campaign;

I thank you.

The HOUSE CHAIRPERSON (Ms A T Didiza): If there are no objections, I put the motion.

Dr H CHEWANE: We support the campaign but object to the motion.

The HOUSE CHAIRPERSON (Ms A T Didiza): Well, I’ve never heard that, that is a new one. The objection is noted.

TOKYO SEXWALE CONTESTS FIFA PRESIDENCIAL ELECTIONS

(Draft Resolution)

Mr N S MATIASE: Madam House Chair, I rise on behalf of the EFF to move without notice:

That the House -

notes that former Minister of Human Settlements and an apartheid activist Mr Tokyo Sexwale who has put his name forward, with the support of more than many football associations across the world, as Fédération Internationale de Football Association, Fifa, presidential candidate;

further notes that Mr Sexwale has played a tremendous role both domestically and internationally, using football to unite and uplift communities;
acknowledges that Mr Sexwale was a founder member of the Makana Football Association, the unofficial football organisation for apartheid era prisoners on Robben Island, and he also sponsored South Africa’s first division league;

further acknowledges Mr Sexwale’s role he played as part of Fifa Anti-Discrimination Task Force that brought the world the slogan “no racism in football, fair play” and his leadership role in talks between the Palestinian and Israeli federations;

recalls that Mr Sexwale has been part of Fifa’s leadership structures in various committees and currently sits in the Fifa Marketing Committee that leads Fifa core revenue activities;

recognises that Mr Sexwale has impeccable leadership career both in public and private sector including diverse sectors such as banks, mining and telecommunication, at times institutions bigger than Fifa itself;

further recognises that Mr Sexwale’s experience will, as a President of Fifa, help Fifa serve all strata of society all over the globe, from Africa, Asia, South America and all over the world; and

calls on Parliament and government to support his candidature as a credible leader who will represent South Africa with distinction, and we know that the ANC is going to object to this one, so we call on them to object it.

Thank you.

The HOUSE CHAIRPERSON (Ms A T Didiza): If there are no objections, I put the motion.

Mr B A RADEBE: Hon Chairperson, the former Minister of Human Settlements was ...

The HOUSE CHAIRPERSON (Ms A T Didiza): Can we please indicate ... [Interjections.] ... Order, hon member!

Mr B A RADEBE: ... an anti-apartheid activist, so the ANC objects.

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member, are you objecting or not? I raised the same issue earlier that we don’t need any prefix.

Mr B A RADEBE: Yes, we object.

The HOUSE CHAIRPERSON (Ms A T Didiza): The objection is noted. Is that a point of order, hon member?

Mr N F SHIVHAMBU: Hon Chair, I wanted to raise a point of order, but also to put on record that the ANC is not supporting the candidature of Tokyo Sexwale as the President of Fifa ... [Interjections.]

The HOUSE CHAIRPERSON (Ms A T Didiza): What is the point of order? Order, Hon Shivambu!

Mr N F SHIVHAMBU: ... factionalism is killing an organisation; you are not even supporting a person who is supposed to take you forward. How do you operate like that? What kind of organisation are you? Sis!

Mr N S MATIASE: Hon Chair, point of order.

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon members, I asked earlier and reminded you of what we said yesterday. No prefix or introduction. If you object, just say that you object to the motion. Hon Steenhuisen, what is the point of order?

The CHIEF WHIP OF THE OPPOSITION: Madam House Chair, I just wanted to reiterate that because this is happens every time but now it seems as if the EFF is supporting a capitalist for a change.

The HOUSE CHAIRPERSON (Ms A T Didiza): Well, hon Steenhuisen, you are also out of order now. You are really out of order.

Ms H O MAXON: Hon Chair, hon Steenhuisen is quite out of order; we are not dealing with capitalist and whatsoever. However, it is very proper to say that the ANC objects for the sake of Hansard against Tokyo Sexwale. It must be properly captured.

The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon Maxon! The ANC did say that they object.

An HON MEMBER: Okay. That’s fine.

JORGE RISQUET VALDES-SALDANA PASSES ON

(Draft Resolution)

Mr X MABASA: The ANC moves without notice:

That the House -

notes with sadness the death of Cuban, Jorge Risquet Valdes-Saldana, who died of cancer in Havana on Monday, 28 September 2015, at the age of 85 years;

acknowledges that the former vice president of Cuba, Jorge Risquet Valdes-Saldana, was a founder member of the Communist Party of Cuba, a veteran of the Sierra Maestra and commander of the Patrice Lumumba Internationalist Battalion in Congo, Brazaville;

further recalls that he was a key negotiator who led the Cuban delegation in four party negotiations between Cuba, Angola, the USA and South Africa in 1988 which led to the independence of Namibia and ultimately South Africa;

understands that the passing of this giant of the Cuban revolution and outstanding progressive internationalist leaves the world much poorer as we continue to strive to emulate his lessons of selflessness and solidarity;

believes that his contribution to the revolution and the liberation of African majority will never be forgotten; and

conveys condolences to the people of Cuba and the Communist Party of Cuba on the loss of this great revolutionary giant.

The HOUSE CHAIRPERSON (Ms A T Didiza): If there are no objections I put the motion. The DA objects the motion.

Mr N F SHIVHAMBU: Order, Chairperson! I don’t think the DA knows what they are objecting to. Why do you allow objections which are...? [Interjections.]

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Shivambu, could you please take your seat.

Mr N F SHIVHAMBU: Why do you object condolences to commandant Risquet? Why do you allow such lousy objection?

Motion objected.

AKA SCOOPS AFRIMA AWARDS

(Draft Resolution)

Ms L MNGANGA-GCABASHE: The ANC moves without notice:

That the House -

congratulates the rapper, AKA for winning two awards at the second annual African music magazine awards in Dallas, Texas on Saturday, 10 October 2015;

further notes that the All Africa Music Awards, Afrima, honours Africa’s top celebrities music artists, managers, producers, disc jokey, DJs and cultural influencers;

reckons that the first award AKA won is for best male Southern Africa, and the second award was in the best collaboration category; and

congratulates AKA for flying the South African flag high and wishes him the best in his future endeavours.

The HOUSE CHAIRPERSON (Ms A T Didiza): If there are no objections I put the motion.

Motion objected.

BRITISH AIRWAYS PLANE CRASH LANDS

(Draft Resolution)

Dr H CHEWANE: I rise on behalf of the EFF and move a motion without notice:

That the House –

notes that the British Airways jet, flight BA6234, crash landed at the O R Tambo International Airport on Monday, risking the lives of 94 passengers on board;

further notes that the Boeing 737 ZSOAA had departed from Port Elizabeth with six crew and 94 passengers on board experienced failure with the landing gear as it was landing;

acknowledge that the accident which fortunately resulted in no injuries should be a source of concern for all South Africans, particularly because it involves a foreign-owned airline flying on South African domestic routes;

further acknowledges that British Airways brings old airlines that are fast approaching their sell out dates to operate in South Africa putting hundreds of our people’s lives at risk;

only recently did they announce that they will be bringing in new jets that are fuel efficient in order to have a strategic advantage over their main competitor, the South African Airways;

notes that for a country that is supposedly serious about development, South Africa should never allow foreign-owned airlines to operate in domestic routes;

these routes should be reserved for expansion for our own domestic airline industry and the strengthening of the SA Airways into becoming powerful player in the airline industry;

emphasises that it must only be South African airlines that fly on South African routes;

further notes that as things stands and with the perennial [Interjections.] at SAA, British Airways may soon be taking over South African skies driven solely by profit maximisation and not in the interest of developing the country;

calls on the Minister of Transport to develop stringent regulations governing the conditions under which foreign airlines should be operating in south Africa;

further calls on the Minister of Transport to ban British Airways from operating in domestic market; and

capacitates the SA Airways to operate in all routes in South Africa.

The HOUSE CHAIRPERSON (Ms A T Didiza): If there are no objections I put the motion.

Motion objected.

FORMER NORTH WEST MEC PASSES ON

(Draft Resolution)

Mr X MABASA: The ANC moves without notice:

That the House -

notes with sadness the death of former North West Agriculture MEC, Boitumelo Tshwene on Sunday 11 October 2015, after a short illness;

recalls that Tshwene is the former Maths teacher, ANC chief whip and former deputy speaker in the North West legislature;

believes that Mr Boitumelo Tshwene belonged to a generation of ANC leaders who served the masses of our people selflessly throughout his tenure as a politician;

recognises that he made an indelible mark as an educator, a trade unionist, human rights activist and an elected public representative;

believes that he will forever be remembered for his robust and passionate engagement on issues that were close to his heart for upholding collectivism and putting unity ahead of personal ambition; and

conveys condolences to the family and the colleagues of Boitumelo Tshwene.

The HOUSE CHAIRPERSON (Ms A T Didiza): If there are no objections I put the motion. The motion is objected.

Ms M M O MOKAUSE: House Chair, these are ANC internal matters and we object.

Motion objected.

MINISTER OF EDUCATION & TRAINING CANCELS SCHEDULED BRIFIENG

(Draft Resolution)

Prof B BOZZOLI: Madame Chairperson, I move without notice on behalf of the DA:

That the House -

notes that the Minister of Higher Education and Training’s cancellation of his briefing scheduled for today, on where the extra R2,7 billion needed to address the higher education funding would be sourced, is a demonstration of sheer disinterest and skewed priorities;

also notes that the Minister has again not delivered on a commitment to South African students and this would create more uncertainty and increased frustration across South Africa;

acknowledges that students have every reason to be upset;

(4) urges the Minister to reschedule his briefing and to explain to the country as a matter of urgency what his plan is to address the funding shortfall at universities;

(5) reckons that the 0% fee increase which was agreed to last week must be funded within the current budget because if this does not happen, universities will be forced to make cuts which will result in job losses, undermine the quality of education, prevent insourcing and prevent the innovative research which our economic needs;

realises that this is no joking matter as it requires both leadership and the commitment to reprioritise the money now rather than later, which is why the DA has made clear proposals to the Standing Committee on Appropriations on money that could be used within the existing budget;

notes that the Minister on the hand seem determined to continue with his, “Crisis: What crisis?” approach because, to date, he has sat on three different reports warning of the funding crisis without taking any of the reports seriously;

also notes, he brought in more intervention plans to the portfolio committee despite being summoned to Parliament to appear yesterday, irresponsibly applying that his department will try and raid the Basic Education budget, which would only create a new education crisis in South Africa;

further notes, he blames everyone else but his own government for the chronic underfunding of Higher Education, including launching an attack on the institutional autonomy of universities; and

concludes that the Minister remains a man without a plan on Higher Education, which needs to change - and soon - if young South Africans are to be equipped to pursue a better future.

Motion objected to.

ESTABLISHMENT OF AD HOC JOINT COMMITTEE ON PROBING VIOLENCE AGAINST FOREIGN NATIONALS

(Draft Resolution)

The CHIEF WHIP OF THE MAJORITY PARTY: Hon House Chair, I move:

That the House -

notes –

the resolution of 6 May 2015, which established an Ad Hoc Joint Committee on Probing Violence Against Foreign Nationals and the further resolution of 18 August 2015, which required the Committee to report by 30 September 2015; and

Joint Rule 138 (5)(b), which provides that an ad hoc joint committee ceases to exist when the date for completion of the task has expired;

resolves, subject to the concurrence of the National Council of Provinces, to re-establish the Ad Hoc Joint Committee on Probing Violence Against Foreign Nationals with the same composition, membership, mandate and powers;

instructs the Committee to incorporate in its work the proceedings and all the work of the previous Committee; and

directs the Committee to report on or before 20 November 2015.

Agreed to.

TEMPORARY ADJUSTMENT OF RESUMING TIME FOR NA SITTINGS

(Draft Resolution)

The CHIEF WHIP OF THE MAJORITY PARTY: Hon House Chair, I move: That, notwithstanding the hours of sitting of the House as provided for in Rule 23(2), the hours of sitting for Tuesday 3, 10 and 17 November 2015, shall be 11:00 to adjournment.

Agreed to.

The HOUSE CHAIRPERSON (Ms A T Didiza): The motion that was moved is about programming: That on the dates referred into, the House will start its day sittings at 11am. This has been agreed to by all parties to make sure that we expedite the programme of the NA before Parliament goes to recess.

HARMONISATION OF SECTORS IN ECONOMY

(Draft Resolution)

Ms J L FUBBS (ANC): Hon House Chair, the African National Congress welcomes the commencement of the transformation provisions in the Broad-Based Black Economic Empowerment Act, which occurred last week Wednesday, 24 October - the trumping provision, section 3(b) came into effect.

These provisions were captured in the Act to safeguard the objectives and spirit of long overdue socioeconomic transformation. The transitional period of 12 months was to enable the alignment between the BBBEE Act and other pieces of legislation that also address transformation. In so many ways the business, corporate and other enterprises and entities have enjoyed more than a decade to restructure their business plans and operations to incorporate the principles and spirit of the provisions. They need now to attune their style and commitment to bring about an inclusive economy.

Twenty-one years later all sectors of the economy are once again encouraged to walk together and implement the vision of the National Development Plan as well as the Agricultural Development Plan and the Industrial Policy Action Plan, IPAP.

The HOUSE CHAIRPERSON: Ms A T DIDIZA: Hon members, may I once again remind you that the time for the Member’s Statement is one minute and 30 seconds.

BUDGET OF BASIC EDUCATION

(Member’s Statement)

Mr G R DAVIS (DA): Chairperson, we have heard disturbing reports that Minister Blade Nzimande is thinking of taking money from the Basic Education budget and putting it into the Higher Education budget. Minister Nzimande is seriously mistaken if he thinks that he will get away with taking money from our schools to pay student fees. To do so, would be like removing bricks from the foundation of your house to build a second story. If he is not careful, he will bring down the entire education edifice.

Perhaps he thinks he can get away with this because school children can’t stand up for themselves the same way that students can. However, robbing the silent majority to placate a vocal minority is not the answer.

If Minister Nzimande wants to raid the budgets of other departments, he should start with the billions spent on our bloated Cabinets with their VIP security detail. We trust that Minister Motshekga will stop Blade’s raid on her budget. We must make ensuring a quality basic education for all, this government’s top priority. Thank you.

RECENTLY RELEASED UNEMPLOYMENT STATISTICS BY STATISTICS SOUTH AFRICA

(Member’s Statement)

Ms V KETABAHLE (EFF): Chair, we want the House to note the recently released unemployment statistics by Statistics South Africa yesterday that shows the increasing scourge of unemployment, which now stand at 25,5%.

We also want the House to note that unemployment remains the biggest threat to social and economic stability for South Africa and if not addressed urgently like the students and their fees—must-fall movement, the young, oppressed, unemployed and marginalised who joined the EFF in the Economic Freedom march in their thousands Tuesday will only be addressed and be taken seriously when mobile toilets and tires are burning in front of the Union Buildings.

We want the House to acknowledge that the much celebrated borrowed ANC youth wage subsidy from the racist DA failed dismally and it is time to consider state-led industrialisation that will grow a sustainable economy and create decent jobs.

We also want the House to further note that as long as South Africa’s economy is dominated and controlled by white monopoly capital and multinational corporations, only profits and elicit financial flows will increase; not the economy or employment opportunities.

We want to call on government to do away with tenders and high dependency on service providers and give young people tools, training, supervision and decent wages, instead of wasting money on tenders that only benefit those connected with the ANC leaders.

Mr I M OLLIS: Chairperson, on a point of order: ...

Ms V KETABAHLE (EFF): We further call on government to realise that, unless economic freedom is achieved, political ... [Time has expired.]

Mr I M OLLIS: Chairperson, on a point of order: Tinky Winky over here just called the DA, racist.

The HOUSE CHAIRPERSON (Ms A T Didiza): No, hon member, can you please withdraw?

Mr I M OLLIS: Can she please withdraw that racist comment?

The HOUSE CHAIRPERSON (Ms A T Didiza): Can you also start by withdrawing the Tinky Winky that you have just mentioned?

Mr I M OLLIS: Fine, I withdraw. Will she do the same?

Mr N F SHIVHAMBU: Chairperson, the DA is racist. There is nothing unparliamentary by saying that the DA is a racist organisation. It is as simple as that. You are racist. [Interjections.]

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member! Hon Shivhambu! Hon Shivhambu!

Mr N F SHIVHAMBU: You are racist; racist boys and girls. [Interjections.]

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member of the DA who just stood on a point of order, what is the racist remark that you said must be withdrawn?

Mr I M OLLIS: She said all in the DA is racist. I happen to be one of those people in the DA and I am certainly not racist. That is an unacceptable statement for a Member of Parliament. [Interjections.]

Mr N S MATIASE: Madam Chair, on a point of order: ...

... Van gister af is hierdie mannetjies van die DA met plat bekke so ... [Tussenwerpsels.] [Since yesterday these little guys from the DA with flat mouths were so ... [Interjections.]]

Ms S P KOPANE: Chair, on a point of order: ...

Mr N S MATIASE: ... vuil soos hulle aangaan. As hulle moet weet, vandag ... [... dirty the way they are carrying on. If they must know, today ...]

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Matiase, can you take your seat, while I listen to her?

Ms S P KOPANE: Chair, would you please ask hon Matiase to withdraw that statement?

Ons het nie mannetjies hier nie, ... [We do not have little guys here, ... ]

... we have hon Members of Parliament in this House.

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Matiase.

Mnr N S MATIASE: Soos hulle aangaan, moet hierdie mannetjies van vandag af weet ... [Tussenwerpsels.] ... dat hulle organisasie rassisties is en hulle moet ... [Tussenwerpsels.] (Translation of Afrikaans paragraph follows.)

[Mr N S MATIASE: The way they are carrying on, these little guys must know from today onwards... [Interjections.] ... that their organisation is racist and they should ... [Interjections.]

Ms S P KOPANE: House Chair, on a point of order: ... [Interjections.]

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member, I hear you. Can you please take your seat? Let me allow the hon member to finish his point and I will rule.

Ms S P KOPANE: House Chair, he repeated the same thing again.

The HOUSE CHAIRPERSON: Ms A T DIDIZA: He has not finished and I have not yet ruled. Can you please finish your statement?

Mnr N S MATIASE: Ek wonder wat brand in mev ... [Onhoorbaar.] ... se blaaie. Ek sê vir hulle vandag dat hulle van vandag af moet weet dat ’n rassistiese party soos die DA, hulle mond moet skoonmaak, voordat hulle hier voor die nasie praat. [Tussenwerpsels.] Hulle sal ’n rassistiese party bly, totdat die son verskyn en tot die son ... [Tussenwerpsels.] (Translation of Afrikaans paragraph follows.)

[Mr N S MATIASE: I wonder what is burning in Mrs ... [Inaudible.] ... sides. I am telling them today that from today onwards they should know that a racist party such as the DA need to clean out their mouths before they address the nation here. [Interjections.] They will remain a racist party, until the sun appears and until the sun... [Interjections.]]

Mr M WATERS: Chairperson, what is the point of order here?

The HOUSE CHAIRPERSON (Ms A T Didiza): Can you please take your seat, hon member?

Mr M WATERS: ... [Interjections.] ... like they always do.

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Waters, I have heard the three points of order that relate to racist statements that have been made. [Interjections.] The interjections that have been made also do not help the situation. Can you please allow me, together with the NA Table, to come back on that matter? I only asked for clarity and it was given. The other points of order emerged, some of them repeating the same statement and others going further. We will come back to respond on this podium.

Mr M WATERS: Chairperson, may I address you?

The HOUSE CHAIRPERSON (Ms A T Didiza): Yes.

Mr M WATERS: May I address you on two items that the hon member of the EFF just mentioned. He called the hon members of the DA “mannetjies” which is a derogatory term. That is the first thing he must withdraw. Secondly, he referred to hon Kopane as a woman and she is a hon member. She is not a woman in this House and that is sexist. I would ask you to ask him to withdraw that as well, please?

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member, I said I would come back to those so that I can listen, because he was unfortunately speaking in Afrikaans and immediately, I could not understand it. So, just allow me the space. I will make the ruling.

HAMAS VISITS SOUTH AFRICA

(Member’s Statement)

Dr C Q MADLOPHA (ANC): House Chairperson, the ANC will continue its solidarity efforts to support a just and lasting solution to the ongoing conflict between Israel and Palestine, including the strengthening of the sovereign independent state of Palestine, which will help to bring peace to the region. It is therefore in this context that the visit of Hamas to South Africa should be viewed as an attempt to draw on our experience following the negotiations of a peaceful end to the apartheid regime. Hamas is one of the principal players in the resolution of the Palestinian-Israeli conflict.

The ANC remains committed to a two states solution as a pivot on which the co-existence of Jews and Palestinians can be guaranteed, as this conflict is not good for global peace. Moreover, the ANC plans to lobby other progressive countries and political organisations to increase their support for the people of Palestine in their struggle against Israel, as means of bringing the region closer to a peaceful solution. I thank you. [Applause.]

RACISM IN SOUTH AFRICA

(Member’s Statements)

Mr N SINGH (IFP): Hon Chairperson, the red track of racism has no place in South Africa. It serves no purpose other than to cause divisions, alienation and ill-will between racial groupings who for all intents and purposes are South Africans in the first instance.

There have been reports of incidences of alleged racism between Indian and Black citizens in the province of KwaZulu-Natal. In the same breath, one might speak of similar accusations of racism between White and Black South Africans or between Indians and Whites or even Chinese and Blacks, for that matter. This might also not be an issue confined to KwaZulu-Natal. It is a national problem and it requires national government’s urgent attention.

Fuelling divisiveness in our communities and making generalisations, the net effect of which could be racial polarisation in South Africa and the full break down of the hard-won democratic and constitutional ideals is certainly not what we want. All groupings, including the Mazibuye African Forum, should be given an opportunity to express themselves in an effort to resolve issues affecting them and the constituency they purportedly represent.

One notes the initiative taken by the provincial government of KwaZulu-Natal in establishing a forum to discuss issues of racial polarisation. But we believe that national government can also play a role. This request is informed by undesirable statements made by callers and the leaders of the Mazibuye African Forum on SAfm on a national talk show. I thank you.

BASIC EDUCATION IN EASTERN CAPE

(Member’s Statement)

Mr M L W FILTANE: Hon House Chair, the unexpenditure of R258 million by the provincial Department of Basic Education in the Eastern Cape during this financial year is an insult to the poor people of the province. Basic education in the Eastern Cape remains in a state of chaos with appalling problems characterised by, amongst others, teacher vacancies, unfinished teacher profiling and relevant posting, unending mud schools, instability, corrupt rigging with a string of unclean audits and last in the matric pass rate, less than 70% of the Section 7 Intervention Team.

Added to these, during 2014-15 financial year, the department under spent by 2,3% of R28 billion. Note these in spite of this underexpenditure, in Sandy Majeke High School in Ward 17 in Mhlontlo Local Municipality, a science teacher of 16 years of experience made numerous applications for lab equipment with no results; and an early childhood centre in Mthatha is facing closure due to lack of support from the department. The mainstream sector is fed with half prepared children and the quality is severely compromised and again, no equipment from the department.

Service providers in the Eastern Cape to this department are on the brink of bankruptcy because the department is not paying for their services, so says even Coega themselves. This is particularly the case with Africans who constitute the majority of voters. Thank you. [Time expired.]

VISA REQUIREMENTS FOR VISITS TO SOUTH AFRICA

(Member’s Statement)

Ms L S MAKHUBELA-MASHELE: Hon House Chair, the ANC welcomes the recommendations made by the Inter-Ministerial Committee, IMC, on Immigration Regulations, as confirmed by the Cabinet statement released on 23 October 2015. The recommendations include that the applications will be accepted by accredited tourism companies for China, India and Russia with possible extension to other visa requiring countries; visitor’s biometrics will be captured on arrival at the port of entry and the pilot sites will be at OR Tambo, King Shaka and Cape Town International Airports; and when travelling with the minors from a country that does not require a visitor’s visa, travellers will have to carry identification documents such as a birth certificates which contains the details of the parents.

The Department of Tourism will work closely with the Department of Home Affairs to implement the Cabinet resolutions that emerged from the work of the IMC. The ANC supports the agreed amendments as recommended by the IMC on the Immigrations Regulations, thank you.

MONEY LOST ON PROJECT IKHWEZI PARASTATAL

(Member’s Statement)

Mr S N SWART: Hon House Chair, it is the time when state’s department are facing severe budgetary constraints and there is a scramble to find additional funding for tertiary education. It is shocking that parastatals continue to run at loses and seek bail out from Treasury. The main ones that have lost almost R20,6 billion in the past financial year are SAA, PetroSA, SABC, SA Post Office and South African National Roads Agency, Sanral.

PertoSA has now managed to blow more than R12 billion, that is, R12000 million on the fruitless exploration mission of the coast of Mossel Bay. This brings its total loss to R14,5 billion. When I raised this issue with the Deputy President in question, he attributed this loss to the financial market conditions that oil companies are suffering under. However, it is very clear that this loss is due to the spectacular failure of Project Ikhwezi aimed at extending the life of Mossgas through tapping new gas fuels.

Only 10% of the predicted 40-50 million cubic feet of gas were found in this area and this exercise resulted in the startling loss, the largest ever recorded by parastatals. Just think, how much funds this could have been allocated to fund tertiary shortfall, more than five times that what is needed. In view of this loss the ACDP calls for urgent revaluation of the raw parastatals and where necessary, to sell off in part or all of those that are underperforming. I thank you. [Time expired.]

POLICE COMMENDED FOR ARRESTED SUSPECTS

(Member’s Statement)

Ms M P MMOLA (ANC): Hon House Chair, the ANC commends the police for the swift arrest of two people in connection with the murder of eight relatives in Msinsini village outside Port Shepstone in KwaZulu-Natal. The arrested suspects were found in possession of bloodstained clothes and shoes. It is alleged that the suspect accused the family members of practicing witchcraft and hacked the seventh victim to death with sharp objects inside the house and proceeded to the hut where they murdered a 70-year-old man and set the hut alight.

The victims were four women, aged between 15 and 60; three toddlers, aged between one and three and the man, who was found burnt beyond recognition died at the scene. The ANC fully support the police investigation on this horrendous act and calls the police to quickly bring the suspects to book.

Furthermore, the ANC calls for punitive actions that will serve as a deterrent to other criminals who may contemplate doing the same evil and barbaric acts that have no place in our society. I thank you.

AMENDMENTS TO BOOST THE TOURISM SECTOR IN SOUTH AFRICA

(Member’s Statement)

Mr J VOS (DA) Hon House Chairperson, whilst the Interministerial concessions committee announced last week is a step in the right direction, the DA will move to summon of the Minister of Home Affairs, Minister of Tourism and the Chairperson of the Interministerial committee, IMC, Cyril Ramaphosa, to appear before Parliament so that it can satisfy itself that these concessions are not just an exercise in sugar coating the problem but rather that the concessions alleviate the strain on our tourism sector.

It is being just over a year since these visa regulations were promulgated and already, over 9 300 jobs and R9 billion are in jeopardy. The economy is drowning and time is not on our side.

The DA welcomes the fact that the IMC has exceeded to our previous recommendation of implementing biometrics on arrival. However, what we need is to streamline tourist facilitation to our country and therefore we need to implement electronic visas as a measure to achieve this.

The DA recognises that tourism is not only bringing revenue into our economy, but it also creates jobs. It is therefore essential that Parliament satisfies itself that these amendments will help boost the tourism sector in South Africa. Thank you.

INVESTIGATION INTO CAPE TOWN PATRICIA DE LILLE’S CONDUCT

(Member’s Statement)

Ms T MAHAMBEHLALA (ANC): Hon House Chairperson, the ANC supports the call by the Bonteheuwel Joint Peace Forum for an investigation into Cape Town mayor, Patricia de Lille’s conduct, at a public meeting held in Bonteheuwel earlier this month. It is alleged that De Lille used derogatory language when addressing the community. The mayor was subsequently booed off the stage. It has been reported that the mayor that told the Bonteheuwel community that the City of Cape Town will do as please. Calling residents stupids and saying that they were affiliated to the ANC. De Lille was briefing the crowd about the council’s backyarder’s project which, according to her office, sought to provide at least 1 000 families with sanitation and electricity.

The forum also took the mayor to task for alien poles erected in their community without public consultation. According to the forum, the Mayoral Committee member for utility services, Ernest Sonnenberg, admitted that the city council did not consult the community. The ANC condemns once again the arrogance of the DA in the Western Cape which continues to undermine citizens and take unilateral decisions on their behalf. Thank you.

MINE BOSSES OCCUPYING COMMUNAL HOUSES

(Member’s Statement)

Mr L R MBINDA (PAC): Hon House Chair, in 1994 when it was clear to everyone that we are going to a new dispensation, it has been the expectation of our peoples that those whom their land was taken unlawfully, will be given back to them and the whole process of land claim was welcomed by the majority of the people.

Today, after 21 years, there are still families and communities that struggle to find closure with this and the case in hand is the land claim dispute in the Barolong Barapulana, in the Bodibe village, where mines in the area are licenced without tribal resolutions. Those mines have blasted graves in this village and now community members have to ask for permission from mine bosses to get to the graves of their loved ones.

This is one of many cases where mine bosses are occupying communal land in villages and their contribution to the development of those villages cannot be traced. As custodians of land question, the PAC calls for an intensive investigation in the processes of land claims with special reference to rural areas. The contribution of these mines to the development of the surrounding communities must also be strictly monitored. Thank you.

CONDOLENCES TO COMRADE NDODA NGEMNTU’S FAMILY

(Member’s Statement)

Mr F BEUKMAN (ANC): Hon House Chairperson, the ANC has learned with shock and sadness of the passing of Comrade Ndoda Ngemntu. Comrade Ngemntu was fatally shot during an ambush by unknown gunmen in the township Nyanga, in the east here in Cape Town. He joined the ANC in the late 1980s and continues to be a disciplined and active member of the party until his untimely passing on October 24 this year while watching the rugby match.

From his days as a youth leader in the Congress of SA Students, Comrade Ngemntu was committed to bring about quality education that liberates all South Africans from the shackle of underdevelopment and poverty. He rose through the ranks of the students’ movement to be a leader in his own right in the ANC, occupying leadership positions in the ANC Youth League as well as the National Youth Commission.

He has also previously worked as an assistant manager in the ANC parliamentary caucus in the Third Parliament. To the family, loved ones and friends of Comrade Ndoda Ngemntu, the ANC passes its heartfelt condolences. Ndoda has played his part, your pain remain ours. I thank you.

EMFULENI LOCAL MUNICIPALITY

(Member’s Statement)

Adv H C SCHMIDT (DA): Madam Chair, the financial situation of the Emfuleni Local Municipality, which serves Vanderbijlpark, Sharpeville, Vereeniging and Sebokeng, in Gauteng, has deteriorated to such an extent that service delivery has become impossible.

An operational budget cut of R300 million during the current financial year was as a result of poor collection levels and overspending by the municipality. A backlog of R4,2 million exists in the upgrading and maintenance of the road infrastructure. There is a R1,6 billion stormwater infrastructure backlog, a R723 million backlog in the maintenance of the wastewater treatment plant, and a R1,1 billion sanitation backlog. The main reason for these backlogs is that it has failed to manage municipal expenditure and ensure proper revenue collection from residents, and from the loss of corporate income.

The DA voted twice against the approval by the ANC to upgrade the municipality to Grade 6, in light of the current financial crisis at the municipality. Many service providers are not being paid. Even the printing of agendas for council meetings has been halted. The DA has continuously called for Emfuleni to be placed under administration so that the financial mess can be addressed and service delivery can resume.

The ANC-run Emfuleni stands in clear contrast to its neighbour, the DA-run Midvaal, which leads all other municipalities in the Gauteng province, when it comes to sound financial management and ... [Time expired.]

COLESBERG BULK WATER SUPPLY SCHEME

(Member’s Statement)

Ms D P MANANA (ANC): The ANC-led government is committed to improving water treatment infrastructure and providing clean, drinkable water to all South Africans. [Interjections.] Therefore, the ANC applauds the official handing over of the Colesberg Bulk Water Supply Scheme to the Umsobomvu Local Municipality in the Northern Cape.

The water scheme was built at a cost of R153 million. This good development will benefit approximately 4 773 households that accommodate more than 17 000 people in Colesberg. This project therefore indicates that water shortages will be a thing of the past for the region of Colesberg. It will also ensure that the communities of Colesberg, Noupoort and Norvalspont have sustainable access to clean water.

This project is in line with the 2014 ANC election manifesto, which stated that government must provide efficient and sustainable basic services. We call for more projects of this nature to be extended to other municipalities which have water challenges. I thank you. [Applause.]

Mr M M DLAMINI: Chair, on a point of order: I would like guidance from you, going forward, on how we are going to deal with the issue of members’ statements, where members talk about things that are not there – that they know ...

The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you, hon member.

Mr M M DLAMINI: [Inaudible.] There is no way we can deal with those issues because ...

The HOUSE CHAIRPERSON (Ms A T Didiza): Order!

Mr M M DLAMINI: ... that is not true.

The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon member!

Mr M M DLAMINI: It’s just lies. [Interjections.]

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member, can you please take your seat? Members’ statements, as has been said, are members’ statements. So, if you want to raise an issue with an hon member, you can do so and express your view if you do not believe that what she is saying is true.

Ms M O MOKAUSE: Hon House Chair, may I address you?

The HOUSE CHAIRPERSON (Ms A T Didiza): Yes.

Ms M O MOKAUSE: The ANC cannot come to this House and brag about one project. The communities of Dikgatlong and Warrenton ...

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member!

Ms M O MOKAUSE: ... are drinking water from the drains. [Interjections.]

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member!

Ms M O MOKAUSE: [Inaudible.] You come and brag with one project. [Interjections.]

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member, will you please take your seat? Hon members, members’ statements are members’ statements. If members would like to raise a motion to debate issues, they have the right to do so, in an appropriate manner. All of us here do have the right to express ourselves and I think that if there are matters that members feel would require debate, spaces for motions for debate are always open.

That has brought us to the end of members’ statements. We would now like to take Ministers’ responses, if there are any. There are six slots.

BASIC EDUCATION IN THE EASTERN CAPE

(Minister’s Response)

The DEPUTY MINISTER OF BASIC EDUCATION: Hon Chairperson, I would like to thank the hon Filtane for raising the issues pertaining to the Eastern Cape. Therefore, I certainly would want to invite him to submit the details to the Department of Basic Education or to me personally so that we could make appropriate intervention. Well, it is indeed so that the Eastern Cape has enormous challenges, one has to look back at the time of the intervention and what could be subsequent to that. The Eastern Cape had never in its history achieved more than 60% and last year in the National Senior Certificate it achieved closed to 65%. We are not suggesting that that is acceptable, but we are suggesting that there is an improvement.

With regard to nutrition, the entire nutrition schemes have collapsed; and now the Eastern Cape is able to provide basically nutrition to all its learners and all its schools; and indeed provides, implements and has empowered communities in terms of the provision of nutrition.

With regard to furniture, the Department of Basic Education given the fact that there’s an intervention there has set up a dedicated team of 12 people to look at the procurement provision and distribution of school desks and furniture in order to ensure that our children in the Eastern Cape are not disadvantaged. There’s indeed a progress, but the challenges in the Eastern Cape are quite correctly immense and indeed as the Department of Basic Education, we will do whatever is necessary to ensure that the children of the Eastern Cape are not at the disadvantage. I therefore, again invite the hon member to provide information to us so that we can make the appropriate intervention. Thank you.

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member, I just want to make a correction. Earlier on I said that Minister’s Responses are one and half minutes, I’ve been advised by the Table that it is two minutes. Hon Kota!

DE LILLE’S CONDUCT UNCALLED FOR

(Minister’s Response)

The DEPUTY MINISTER OF HUMAN SETTLEMENTS: Hon Chairperson, I’m responding to hon Thandi Mahambehlala on the behaviour of the Mayor of Cape Town in Bonteheuwel who was booed from the meeting. I just want to state clearly that the housing delivery involves participation of communities. So the people of Bonteheuwel had a right to demand the information from the Mayor of Cape Town and clear identification and the criteria of beneficiaries. Therefore, it wasn’t correct that these people because they are poor they should be regarded as nothing. They are very important that’s why we restore their dignity back.

We believe that communities are not passive recipients of government service delivery, but they are active participants. It’s important and we can see that the DA doesn’t care about people that is why they behave like this. It’s unbecoming of a mayor of a city to behave in that manner. I thank you. [Applause.]

PASSING OF COMRADE NDODA NGEMTU

(Minister’s Response)

The DEPUTY MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: Hon Chair, I’m rising to respond to the statement about Ndoda Ngemtu. I really want to say that Ndoda Ngemtu popularly known in student circles Thunjana. He was really a brave young lion. He was a warrior born in 1976 through to the year he was born in; one can confirm that he was born in vinegar times that fed with lemons.

He’s product of Congress of South African Students, Cosas; a product of the Cape with congress; and a product of the South African Youth Congress. He really used to roar as a young lion against the apartheid mellow yellows at the time. A product of Operation Barcelona, through to form the youth movement, is today much poorer with his absence. I thank you. [Applause.]

BBBEE TRUMPING CLAUSE COMES INTO EFFECT

UNEMPLOYED YOUTH REQUIRE DECENT WAGES

(Minister’s Response)

The MINSTER OF TRADE AND INDUSTRY: Hon House Chair, I want to start by just responding to the statement made by the hon Fubbs. It is indeed correct now that the trumping clause and the black economic empowerment, BEE, legislation is enforce and that means any provision in any other law which is in conflict with 2013 Black Economic Empowerment Amendment Act is now a subordinates to that. There’s other one deadline that I want to mention and that is at the sector charters – the alignment for the sector charters is supposed to be completed by the end of this month.

There are a number of them. For example, the mineral one where we have agreed along the process, but there have been a number of these charters that have not actually communicated with us in one way or another. I must just take this opportunity to indicate that we will be communicating with all the sector charters. Councils are indicating that if we have not heard from them by the middle of next month, in fact, what will happen is that those charters will automatically elapse and generic codes will apply. I thought it was important to make that point.

The last point I want to make is the calling from the EFF. She called for a state-led industrial policy. We are like in call for it but we have been implementing it for a quite number of years and we have some successes and some advances. We have also got some enormous challenges in this economy. I would encourage the hon member to start to look at a few of the details of these matters and engage in much more fundamental debates and the DA as well. Thank you very. [Applause.]

SHIFTING OF FUNDS FROM BASIC EDUCATION

(Minister’s Response)

The DEPUTY MINISTER OF HIGHER EDUCATION: Hon Chairperson, I suspect the hon members of the DA misunderstood Minister Nzimande. It is true that we will have to redeploy and reprioritise resources to enable compliance to the many commitments we have made to our people including free and quality higher education for the poor. However, this still does not mean the private sector does not have to take a part in funding the education of an African child.

Therefore, we need the vigour and this enthusiasm that come from the DA as the ANC in calling on the private sectors to take a part in the education of an African child. Thank you. [Applause.]

MINE BOSSES ACCEPT COMMUNAL HOUSES

(Minister’s Response)

The MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: Hon Chairperson, I wish to thank the hon member of the vanguard for land who is sitting over there – the PAC. Thank you for reminding me that. The hon member should please submit that document that he was reading to us so that we could respond. Thank you very much.

The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you. This concludes Ministerial Responses, hon Masutha I’m sorry there were only six slots available and all of them have been taken. We now move to the First Order of the day, the Secretary will read the First Order of the day.

JUDICIAL MATTERS AMENDMENT BILL

(Second Reading debate)

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Bongo, are you the one, or the Table was not advised? Hon Bongo, you can address us.

Adv B T BONGO: House Chair ... [Interjections.]

Mr N F SHIVHAMBU: Chairperson, on a point of order.

The HOUSE CHAIRPERSON (Ms A T Didiza): Order! Hon Bongo, can you take a seat.

Mr N F SHIVHAMBU: We have got a speakers list here. In terms of how Parliament operates is that when there is a debate we work as per the speakers list. First in the speakers list is the hon the Minister of Justice. Why do you switch off my microphone? Can you allow me to speak?

The HOUSE CHAIRPERSON (Ms A T Didiza): Apology, hon member. You can continue addressing me.

Mr N F SHIVAMBU: Number one in the speakers list is the hon the Minister of Justice and Correctional Services who must speak for seven minutes. That guy who is there is not a Minister and he is not going to be a Minister anytime soon. So, he must sit down and the Minister must come and open the debate. We can’t work like that on the short-term arrangements of the ANC.

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Shivambu, can you just say hon member, not guy. We are not outside. He is an hon member.

Mr N F SHIVAMBU: There is no rule that says that.

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member, hon member.

Mr N F SHIVAMBU: Mr Bongo must sit down and the Minister must come and speak as per the speakers list. Don’t switch off my microphone! Switch on the microphone and allow the Minister to come and speak.

The HOUSE CHAIRPERSON (Ms A T Didiza): May I address you.

Mr N F SHIVAMBU: But allow the Minister to come and speak.

The HOUSE CHAIRPERSON (Ms A T Didiza): Can you look at your Order Paper? The matter which we are dealing with is not yet a debate. [Interjections.] Order, hon members! Can I ask the secretary to read the First Order again?

Mr N F SHIVAMBU: Chairperson, you can’t preside over a process and every time I speak you switch on and off the microphone as you wishes. This is not your radio show, this is Parliament and we must be allowed to speak.

The HOUSE CHAIRPERSON (Ms A T Didiza): I appreciate that, hon member.

Mr F SHIVAMBU: The First Order which has been read by the secretary the first time is the one that relates to the Minister of Justice and Correctional Services should speak.

The HOUSE CHAIRPERSON (Ms A T Didiza): No, it’s not, hon member.

Mr N F SHIVAMBU: That is what it is.

The HOUSE CHAIRPERSON (Ms A T Didiza): It is not.

Mr N F SHIVAMBU: That is what it is in terms of what we have here.

The HOUSE CHAIRPERSON (Ms A T Didiza): No, hon member, it’s only the Third Order in which the speakers list is referred to. Hon Bongo and hon Shivambu, can you take your seats. Hon Bhongo, can you proceed.

Adv B T BONGO: Hon Chair, hon Ministers, hon Deputy Ministers present, hon members and fellow South Africans, the Bill before us is a section 75 Bill in terms of the Constitution of the Republic of South Africa. The Bill is both technical and consequential in nature. The Bill amends about four pieces of legislation and dealing with this Bill will contribute towards improving the administration of justice. Of importance in the Bill is that it provides a range of amendments to the Act that impact on the vulnerable groups in the country.

The Bill includes, inter alia, the Child Justice Act, Act 75 of 2008, which will allow a retrospective expungement of criminal record of children who committed less serious crimes. It also includes the prevention and combating of traffic in person.

Regarding the Sexual Offences Act, the committee received various written submissions and we have had serious public hearings. Every member who participated in the committee agreed with this Bill because it goes a long way in assisting the administration of justice. The Bill is generally supported. Thank you very much. [Applause.]

The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you very much, hon member. There is no speakers list on this one. Order, hon member! Hon Shandu, you rose on a point of order. Could you stand up and address me.

Mr J SHANDU: House Chairperson, my contention is as follows. I have a monitor here which reflects something different from what hon Bongo is reading. All I ask is that how about if you read it to us. Exactly, which one are you busy with now?

The HOUSE CHAIRPERSON (Ms A T Didiza): Okay, I will ask the secretary to again read the one we are dealing with now. Hon secretary, could you please read.

TABLE SECRETARY: Second Reading debate - Judicial Matters Amendment Bill

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Waters, you had your hand up.

Mr M WATERS: Chairperson, the DA would like to have an opportunity to make a declaration. Thank you.

The HOUSE CHAIRPERSON (Ms A T Didiza): Declaration having been asked, I’ll give you two minutes.

Mr N F SHIVAMBU: Chairperson, we have a lot of education to do. Let us explain to you the process and you must listen attentively. When there is an issue which is up for debate, whether it is a Bill or a report, the agreement in the Chief Whip’s Forum in the National Assembly Programming Committee, NAPC, in the Rules committee, is that there will be no declarations because the content of the Bill is the same. That is what we are dealing with now here. Isn’t it? So, there is a debate which is upcoming here. And this is how we have agreed in terms of the programme. That is why we were objecting to Mr Bongo speaking there when the speakers list says that it had to be the Minister of Justice and Correctional Services.

Are you saying that on the same Bill we make declarations and when the debate comes we come with debates and everything else? We agreed on the formula of how this must be handled in such processes. I don’t know why you are confusing these things.

The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you, hon member. Can I explain? The one that hon Bongo was referring to is the First Order, which is the Judicial Matters Amendment Bill. The one that we are going to debate with the speakers list is the Criminal Matters Amendment Bill. So, they are two different. Order, hon member. In the first matter, there is no speakers list, but parties from the floor can request to make declarations and that’s why it’s two minutes. So, the DA has asked for two minute and I am allowing them. If the EFF want their two minutes we will allow them.

Mr N S MATIASE: Madam Chair, the EFF would like to make a declaration.

The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you very much.

Declarations of vote:

Adv G BREYTENBACH: Madam Chairperson, we rise in support of the Judicial Matters Amendment Bill. This Bill deals with a range of technical matters within the domain of the Department of Justice and Constitutional Development.

What is important to note however, from our perspective is the willingness of the department and the Ministry to take heed of well meant and well grounded input received from public hearings on this Bill. The provisions on the reporting responsibilities and reporting framework in respect of the annual reports that must be done in terms of the Sexual Offenses Amendment Act and the Child Justice Act were re-drafted based on submissions from the Commission on Gender Equality, the Centre for Child Law, the Community Law Centre, and 15 other organisations.

In our view, the incorporation of these proposals not only shows a common-sense approach to these reporting obligations, but also strengthens the role of Parliament in overseeing the executive.

We are also really pleased that the initial proposal on the reporting framework of the Special Investigative Unit were withdrawn from this Bill, as these proposals would — without a doubt — have eroded the constitutional principles of accountability, transparency and separation of powers between the executive and the legislature. We therefore, support this Bill without any reservations. Thank you. [Applause.]

Mr N S MATIASE: Madam Chair, the EFF calls for the overall deracialisation of the criminal justice system, particularly the court system. We find it very offensive that the ANC simply glosses over the fundamental infrastructural and institutional reforms which need to be thoroughgoing. To put a magistrate into an acting position for a period exceeding three months serves nothing else but to destabilise and cause insecurities in the judiciary. The EFF’s position is that a magistrate must act for a minimum of three months and permanent appointments should be made without any delay.

As far as the magistrate pension fund is concerned, a magistrate must not be subjected to the dysfunctional and broken government pension fund. Government must not use legislation to deny people access to pension monies as they are doing here in Parliament by prescribing the medical aid schemes to which members should belong. We find that to be very unlawful and unjust.

It is also important to note that government continues to stifle access to administration of justice, in particular for poor people in rural communities. By large, the justice system in South Africa continues to serve the rich and we are making a call that for each and every village and for each and every township there should be a courtroom.

We call for the transformation of the justice system, especially respect of white male-dominated courtrooms. We need to see more women especially Africans in the courtrooms. We have been calling for the decentralisation of the magistrate courts for an accessible administrative justice system. We are saying ... [Interjection.]

The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon member! Your time is up.

Mr N S MATIASE: On the basis of this poor transformation, the EFF rejects the Bill. [Time expired.] [Applause.]

Ms M C C PILANE-MAJAKE: Hon Chairperson, the Bill refines the establishment of the Office of the Chief Justice, amending clauses 17 and 18 of the Judicial Matters Act to deal with amendments to sections 1 and 13 of the South African Judicial Education Institute Act. The Bill also transfers responsibilities from the Department of Justice and Constitutional Development to the Office of the Chief Justice; from the Director-General of the Department of Justice and Constitutional Development to the Office of the Chief Justice; and from the Director-General of the Department Of Justice and Constitutional Development to the Secretary-General of the Office of the Chief Justice.

Indeed, this is a Bill that continues to promote transformation. I heard the hon member from the EFF saying that the justice system of South Africa is for the rich. Whatever we are doing here is to ensure that there will be transformation ...

An HON MEMBER: When?

Ms M C C PILANE-MAJAKE: ... within the judiciary of South Africa. It is a matter of having hope and understanding what we are doing.

The department has requested the committee to consider the insertion of further clauses in the Bill which will deal with the same issues that are consequential amendments to the South African Judicial Education Institute Act.

The Bill continues to deal with some of the problems that we have always talked about, like the issue of the registers for the Child Justice Act and the Sexual Offenses and Related Matters Act. The Bill actually co-ordinates these registers.

When it comes to the Prevention of Combating of Trafficking in Persons Act, the Bill makes provision for the provision of visas to foreign victims of trafficking.

In relation to the Sexual Offenses Act ... Thank you. [Time expired.]

Question put: That the Bill be read a second time.

Division demanded.

The House divided.

AYES - 213: Abrahams, B L; Adams, F; Adams, P E; America, D; Atkinson, P G; Bagraim, M; Bam-Mugwanya, V; Basson, J V; Basson, L J; Bekwa, S D; Bergman, D; Beukman, F; Bhengu, P; Bhengu, N R; Bhengu, F; Bilankulu, N K; Bongo, B T; Booi, M S; Boroto, M G; Bozzoli, B; Brauteseth, T J; Breytenbach, G; Capa, N; Carrim, Y I; Carter, D; Cassim, Y; Cebekhulu, R N; Cele, B H; Cele, M A; Chance, R W T; Chikunga, L S; Chohan, F I; Coleman, E M; Cronin, J P; Davies, R H; Dlakude, D E; Dreyer, A M; Esau, S; Faku, Z C; Figlan, A M; Filtane, M L W; Fubbs, J L; Galo, M P; Gamede, D D; Gcwabaza, N E; Gigaba, K M N; Gina, N; Goqwana, M B; Grootboom, G A; Gumede, D M; Hlengwa, M; Horn, W; Hunsinger, C H H; James, L V; James, W G; Jeffery, J H; Jongbloed, Z; Kalyan, S V; Kekana, C D; Kekana, E; Kekana, H B; Kenye, T E; Khoarai, L P; Khosa, D H; Khoza, T Z M; Khunou, N P; Kohler, D; Koornhof, G W; Kopane, S P; Kruger, H C C; Krumbock, G R; Kubayi, M T; Kwankwa, N L S; Lorimer, J R B; Lotriet, A; Luyenge, Z; Luzipo, S; Maake, J J; Mabasa, X; Mabe, B P; Mabija, L; Mabilo, S P; Mackay, G; Mackenzie, C; Macpherson, D W; Madella, A F; Madisha, W M; Madlopha, C Q; Maesela, P; Mafu, N N; Magadla, N W; Mahambehlala, T; Mahlalela, A F; Mahlangu, D G; Mahlangu, J L; Majeke, C N; Makhubela-Mashele, L S; Makhubele, Z S; Makondo, T; Makwetla, S P; Malatsi, M S; Malgas, H H; Maluleke, J M; Maluleke, B J; Manana, D P; Manana, M N S; Mandela, Z M D; Mapulane, M P; Marais, E J; Marais, S J F; Martins, B A D; Masango, M S A; Masango, B S ; Masehela, E K M; Mashatile, S P; Mashego-Dlamini, K C; Mashile, B L; Masondo, N A; Masuku, M B; Masutha, T M; Mathale, C C; Matshoba, M O; Matsimbi, C; Mavunda, R T; Maxegwana, C H M; Mazzone, N W A; Mchunu, S; Mcloughlin, A R; Mdakane, M R; Mileham, K J; Mjobo, L N; Mmemezi, H M Z; Mmola, M P; Mmusi, S G; Mnganga - Gcabashe, L A; Mnguni, D; Mnguni, P J; Mnisi, N A; Morutoa, M R; Mosala, I; Motau, S C; Mothapo, M R M; Motimele, M S; Mpumlwana, L K B; Msimang, C T; Mthethwa, E M; Nchabeleng, M E; Ndongeni, N; Nel, A C; Ngcobo, B T; Ngwenya-Mabila, P C; Nkadimeng, M F; Nkwinti, G E; November, N T; Ntombela, M L D; Ntshayisa, L M; Nyalungu, R E; Nyambi, H V; Oliphant, G G; Oliphant, M N; Ollis, I M; Patel, E; Phosa, Y N; Pikinini, I A; Pilane-Majake, M C C; Rabotapi, M W; Radebe, B A; Radebe, G S; Ralegoma, S M; Rantho, D Z; Raphuti, D D; Redelinghuys, M H; Robertson, K P; Robinson, D; Scheepers, M A; Schmidt, H C; September, C C; Shabangu, S; Shaik Emam, A M; Shinn, M R; Shope-Sithole, S C N; Singh, N; Siwela, E K; Sizani, P S; Skosana, J J; Stubbe, D J; Surty, M E; Swart, S N; Tleane, S A; Tobias, T V; Tom, X S; Tongwane, T M A; Topham, B R; Tseke, G K; Tseli, R M; Tsotetsi, D R; Tuck, A; v R Koornhof, N J J; Van Dalen, P; Van Damme, P T; Van Der Merwe, L L; Van Der Walt, D; Van Der Westhuizen, A P; Van Rooyen, D D D; Van Schalkwyk, S R; Volmink, H C; Vos, J; Walters, T C R; Waters, M; Williams, A J; Wilson, E R; Zulu, L D; Zwane, M J.

NOES - 13: Dlamini, M M; Ketabahle, V; Khoza, N P; Mashabela, N R; Matiase, N S; Matshobeni, A; Maxon, H O; Mbatha, M S; Mhlongo, S P; Mokause, M O; Ntobongwana, P; Shivambu, N F; Sonti, N P.

Question agreed to.

Bill accordingly read a second time.

The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon members. Yesterday there were points of order that were raised, I indicated that I will come back to the House today with the rulings. I wish to indicate that although we are ready to make a ruling unfortunately the members affected are not in the House and therefore the ruling cannot be made. The affected members were hon Paulsen, hon Steenhuisen who are both not here and hon Shabangu - the only one who is here - but the hon member who raised the point of order is not here. Therefore, we will not make those rulings because, in terms of the rules, when a ruling is made members who have raised those points of order must be present in the House.

CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES ON CRIMINAL MATTERS AMENDMENT BILL

There was no debate.

The Chief Whip of the Majority Party moved: That the Report be adopted.

Question put: That the motion as moved by the Chief Whip of the Majority Party be agreed to.

Division demanded.

The House divided.

AYES - 206: Abrahams, B L; Adams, F; Adams, P E; America, D; Atkinson, P G; Bagraim, M; Baker, T E; Bam-Mugwanya, V; Basson, L J; Basson, J V; Bekwa, S D; Bergman, D; Beukman, F; Bhengu, P; Bhengu, N R; Bhengu, F; Bilankulu, N K; Booi, M S; Boroto, M G; Brauteseth, T J; Breytenbach, G; Capa, N; Carrim, Y I; Carter, D; Cassim, Y; Cebekhulu, R N; Cele, B H; Cele, M A; Chance, R W T; Chikunga, L S; Chohan, F I; Coleman, E M; Cronin, J P; Davies, R H; Dlakude, D E; Dreyer, A M; Esau, S; Faku, Z C; Figlan, A M; Filtane, M L W; Fubbs, J L; Gamede, D D; Gcwabaza, N E; Gigaba, K M N; Gina, N; Goqwana, M B; Grootboom, G A; Gumede, D M; Hlengwa, M; Horn, W; Hunsinger, C H H; James, L V; James, W G; Jeffery, J H; Joemat-Pettersson, T M; Jongbloed, Z; Kalyan, S V; Kekana, C D; Kekana, E; Kekana, H B; Kenye, T E; Khoarai, L P; Khosa, D H; Khoza, T Z M; Khunou, N P; Kohler, D; Koornhof, G W; Kruger, H C C; Krumbock, G R; Kubayi, M T; Kwankwa, N L S; Lorimer, J R B; Lotriet, A; Luyenge, Z; Luzipo, S; Maake, J J; Mabasa, X; Mabe, B P; Mabija, L; Mabilo, S P; Mackenzie, C; Macpherson, D W; Madella, A F; Madlopha, C Q; Maesela, P; Mafu, N N; Magadla, N W; Mahambehlala, T; Mahlalela, A F; Mahlangu, D G; Mahlangu, J L; Majeke, C N; Majola, F Z; Makhubela-Mashele, L S; Makhubele, Z S; Makondo, T; Makwetla, S P; Malatsi, M S; Malgas, H H; Maluleke, J M; Maluleke, B J; Manana, D P; Manana, M N S; Mandela, Z M D; Mapulane, M P; Marais, S J F; Martins, B A D; Masango, M S A; Masango, B S ; Masehela, E K M; Mashatile, S P; Mashile, B L; Masondo, N A; Masuku, M B; Masutha, T M; Mathale, C C; Matshoba, M O; Matsimbi, C; Mavunda, R T; Maxegwana, C H M; Mazzone, N W A; Mbhele, Z N; Mchunu, S; Mcloughlin, A R; Mdakane, M R; Memela, T C; Mileham, K J; Mjobo, L N; Mmemezi, H M Z; Mmola, M P; Mmusi, S G; Mnganga - Gcabashe, L A; Mnguni, D; Mnguni, P J; Mnisi, N A; Morutoa, M R; Mosala, I; Mothapo, M R M; Motimele, M S; Mpumlwana, L K B; Msimang, C T; Mthethwa, E M; Nchabeleng, M E; Ndongeni, N; Nel, A C; Ngcobo, B T; Ngwenya-Mabila, P C; Nkadimeng, M F; Nkwinti, G E; November, N T; Ntombela, M L D; Ntshayisa, L M; Nyalungu, R E; Nyambi, H V; Oliphant, G G; Oliphant, M N; Patel, E; Phosa, Y N; Pikinini, I A; Pilane-Majake, M C C; Rabotapi, M W; Radebe, B A; Radebe, G S; Ralegoma, S M; Rantho, D Z; Raphuti, D D; Redelinghuys, M H; Robertson, K P; Robinson, D; Schmidt, H C; September, C C; Shabangu, S; Shaik Emam, A M; Shinn, M R; Shope-Sithole, S C N; Singh, N; Siwela, E K; Sizani, P S; Skosana, J J; Stubbe, D J; Surty, M E; Swart, S N; Tleane, S A; Tobias, T V; Tom, X S; Tongwane, T M A; Topham, B R; Tseke, G K; Tseli, R M; Tsotetsi, D R; Tuck, A; v R Koornhof, N J J; Van Dalen, P; Van Damme, P T; Van Der Merwe, L L; Van Der Walt, D; Van Der Westhuizen, A P; Van Rooyen, D D D; Van Schalkwyk, S R; Volmink, H C; Vos, J; Walters, T C R; Waters, M; Williams, A J; Zulu, L D; Zwane, M J.

NOES - 13: Dlamini, M M; Ketabahle, V; Khoza, N P; Mashabela, N R; Matiase, N S; Matshobeni, A; Maxon, H O; Mbatha, M S; Mhlongo, S P; Mokause, M O; Ntobongwana, P; Shivambu, N F; Sonti, N P.

Motion agreed to.

Report accordingly adopted.

CRIMINAL MATTERS AMENDMENT BILL

(Second Reading Debate)

The MINISTER OF JUSTICE AND CORRECTIONAL SERVICES: Chairperson and colleagues, we meet once again in this august House to consider legislative proposals which in our estimation as the governing party, the ANC, constitutes yet another ground-breaking intervention in our intensification of the fight against crime and corruption. Allow me to, however, pause in reflecting on the life and work of a stalwart of our glorious liberation movement, Comrade President Oliver Reginald Tambo whose birthday this week on 27 October 2015, was celebrated by many in recognition of the invaluable contribution he made in leading the struggle for the liberation and freedom we all enjoy in this country today. [Applause.]

In introducing this legislative intervention we continue to be guided by the vision of our National Development Plan which envisages a crime-free society in which, and I quote, “Women walk freely in the streets and children play safely outside” without any fear of crime or any form of insecurity. The achievement of this ideal will not only bolster public confidence in the justice system that the country yearns for but will also bolster investor confidence which is vital in our collective endeavour to building a prosperous society and a proud nation.

A strong economy ensuring, amongst others, sufficient economic growth will yield more sustainable employment opportunities and eradicate poverty, unemployment and inequality which are amongst the major contributing factors to crime and corruption in our society. Criminal activity poses a serious threat to infrastructure and the resulting consequences through the theft of cables. Essential infrastructure - that is infrastructure providing or distributing the means of providing public services such as electricity, water sanitation and transport to the public at large including hospitals, schools, businesses and other essential services to individuals and to communities so that they can operate on daily basis - is at risk because of the high levels of infrastructure related crime in South Africa.

Metal in the form of copper, iron or steel forming part of essential infrastructure is stolen and often such infrastructure is also damaged. To illustrate the problem in relation to copper, it needs to be mentioned that in April 2015, a 179 metric tons of copper were stolen. The cost to replace the stolen metal from Eskom, Transnet and Telkom amounted to R13,6 million. Stolen cables must be replaced even before essential maintenance can be done. This problem is exacerbated because these offences are becoming increasingly organised and are often committed by armed and dangerous syndicated criminals.

The loss to the economy is about R5 billion to R7 billion per year. The offences relating to essential infrastructure have a very negative impact on what we seek to achieve. Without energy, the public and the private sector cannot provide the necessary services, in some cases causing the loss of lives.

The public sector and private businesses cannot operate fully without communication capabilities if Telkom cables are stolen, for example. The delays in transporting passengers and even goods because of cable theft or the theft of steel or iron have a negative effect on productivity in the workplace. The announcement of delayed trains due to cable theft is becoming a regular feature in radio announcements currently.

Without water and sanitation, peace and stability in affected communities are threatened. Business and communities are the victims of cable theft but the cycle of destruction on the democracy that we all aspired and succeeded in achieving is dealt a deep blow when ability to grow our economy is stunted because of cable theft. This situation necessitates drastic legislative intervention, hence the introduction of this Bill. The Bill therefore changes the law pertaining to essential infrastructure related offences by providing for stricter provisions for the granting of bail, sentencing of offenders and creating a new offence to criminalise the destruction or damage to or tempering with essential infrastructure.

The Criminal Procedure Act 51 of 1977, is amended to ensure that persons charged with essential infrastructure related offences may only apply to the court for bail and not to a police official or prosecutor and that they may as well only be released on bail if they can adduce evidence which satisfies the court that the interest of justice will be served thereby. I invite this House to support this essential legislative intervention by voting in favour of this Bill. I thank you.

Ms M C C PILANE-MAJAKE: Hon House Chair, hon members of the NA, Ministers, Deputy Ministers, guests in the gallery, the Portfolio Committee on Justice and Correctional Services, having considered the Criminal Matters Amendment Bill classified by the joint-tagging mechanism, a section 75 Bill, reports the Bill with the following amendments: That the Bill is intended to build safer communities by addressing the threat and damage that the theft of metal or cable causes to the essential infrastructure that is used to provide or distribute basic services to South Africa.

The committee wishes to highlight that criminal activities of these kind pose substantial risk to public safety, electricity and water supplies, communication and transport amongst others - like drugs that are sabotaging the youth of South Africa and their future.

The committee is of the view that passing this legislation is pressing as the level of essential infrastructure related crimes in South Africa is unacceptably high, increasingly involves organised syndicates and is reaching proportions of experiences of countries like Mozambique, leaving the country in a spade of crisis. Today, a lot of money is spent on reconstruction that is helping this country, Mozambique, to regain its beauty.

With this Bill, we are declaring war against anything that undermines the democracy enshrined in the Constitution of South Africa. The committee’s view is that decisive action is required to combat this form of criminality that disrupts basic services relating to energy, transport, water, sanitation and communication.

These disruptions are not only costly but impact on the daily lives of the people of South Africa. Given the impact of this form of criminality, the Bill also introduces strict conditions for granting bail for those accused of committing these kinds of crimes, as well as making minimum sentences applicable upon conviction.

During its deliberation, the committee considered proposals to extend the scope of the Bill to include loss, damage or tempering with essential infrastructure that provides health and education services. The committee believes that there is merit in the proposal but did not want to delay processing this Bill which is considered as urgent.

The committee therefore recommends that the Ministry looks into the proposal and report to Parliament on the outcome of its findings within 12 months of this report. The ANC supports the Bill. Thank you. [Applause.]

Adv G BREYTENBACH: Madam Chair, hon members, the Bill under discussion is in our view a technical piece of legislation that is largely uncontroversial. As is the case with all such pieces of legislation, a success or failure of it will ultimately depend on the skill, commitment and energy of the different role players in our criminal justice system.

We agree that the level of crime in South Africa relating to essential infrastructure necessary to provide basis services to the public is unacceptably high. We also agree that these crimes pose a high risk to public safety, electricity supplies, provision of water, communication and transportation, and ultimately have a hugely detrimental impact on society and the economy.

For this reason, the DA will vote in favour of this Bill. Having said that, we must however point out that some of the provisions in the Bill, while purporting to toughen the stance against crimes related to essential infrastructure, may ultimately end up compounding some of the other serious problems in the criminal justice system.

For example: It is problematic that the stricter regulation of the bail regime in relation to the crime created by this Bill has been done without consulting the Department of Correctional Services, which already struggles with other crowded correctional facilities. In the current reporting year, the Department of Correctional Services has admitted that the average number of detainees within its system was 157 141, while only 119 134 beds spaces were available in its facilities.

Furthermore, the NPA has been consulted in the drafting of the Bill, but in the same vein, the question must be asked, as the Office of the Chief Justice is now responsible for the co-ordination of efficiency enhancing strategies to reduce the ever-growing backlog of cases in our criminal court rolls: Why was this department not consulted on the impact of the provision that only our courts will be able to deal with bail for persons accused in terms of this Bill, and not prosecutors or members of the police?

Before we are accused of not supporting measures that will enhance our country’s fight against crime, it is worth noting that during the public hearings on this Bill, some very helpful proposals were received, which, if implemented, could have addressed our concerns in this regard. Unfortunately, the submission that a differentiation should be made between organised crime and the operation of syndicates in a world of copper theft and the work of common small-time criminals was not accepted.

Members should also note that even the most articulate of proposals received from Cosatu, who pleaded with the committee to expand the definitions and proposals in the Bill to also cater for the impact of infrastructure related crimes, which from time to time devastates the ability to deliver health and education services, was ultimately not considered for inclusion.

Only the other day, we were informed by the hon Mulder of the FF-Plus that one could sense from arguments raised in this House lately that campaigning for next year’s local government elections has begun. Well, let there be no doubt, the haste of the ANC in pushing this piece of legislation through, without considering well-grounded arguments to strengthen the Bill, shows only one thing: This Bill has much to do with next year’s election.

One can only envisage the manifesto: ‘We have made communities safer by introducing tough measures to combat copper theft.’ Of course, these manifestos do not mention a lack of arrest or successful prosecutions. It is such a pity that we could have combated so much more if it was not for this consideration.

I am sure you will note that I have been able to convey our stance on this Bill in roughly the amount of time one normally needs to do a declaration in this House. Indeed, the portfolio committee, mindful of the fact that we are faced with a congested agenda for this term, agreed that due to the uncontroversial nature of this Bill, we would rather than a full debate, only do declarations.

Yet, here we are today, debating a largely uncontroversial piece of legislation, apparently because the ANC Caucus vetoed the decision of its committee members to propose declarations only. [Interjections.]

This is of course within the rights of the ANC Caucus and would not have raised an eyebrow, were it not for the fact that whenever we, as DA members in the committee, reserve our position on the basis that our caucus has a final authority to decide on our party’s stance on any report or Bill. We are vilified and belittled by the ANC members of the committee.

The hon Pilane-Majake was at pains to point out that in their case, their party trust them to bind the party with their decisions in the committee. So, hopefully this exercise in humility will teach our colleagues from the ANC in the committee that they are indeed not above their caucus. Thank you. [Applause.]

Mr N P KHOZA: Chairperson, the EFF objects to the passing of the Criminal Matters Amendment Bill which aims to provide for changes in law pertaining to infrastructure related offences. This Bill is imposing stricter conditions for the granting of bail for people charged with essential infrastructure related offences and is prescribing sentences not exceeding 30 years for those found guilty of these offences.

There are crimes committed by individual members of society, but for which the state is directly responsible. Many of the infrastructure related offences are directly caused by the state’s ineptitude and its ‘I don’t care approach’ to deliver services to our people. The Bill therefore aims to criminalise people even for offences committed by the state itself against the people.

It is an offence against the people when the state does not refurbish or expand its aging water infrastructure. When people in Kayamandi, who do not have proper water supply, decide to vandalise the excellent and essential infrastructure which ensures that the rich white people of Stellenbosch have access to good quality water, they will be criminalised and sent to jail for 30 years, if this Bill passes into law.

When people of Barcelona informal settlement, who do not have electricity, decide to vandalise the Eskom electricity lines supplying the airport and other affluent areas with electricity, they will be denied bail and criminalised, if this Bill passes into law, because they would have caused damage to essential infrastructure.

Without condoning criminal activity by organised gangs controlled by white businesses and using black petty criminals, the Bill should make a very clear distinction between survival-based theft and vandalism of essential infrastructure and theft of infrastructure as a result of organised crime. The tendency of this government to criminalise the very people who resort to extraordinary means to eke out a living is pathetic. If the government was brave enough to radically transform the economy we would not have the problem of people resorting to theft of essential infrastructure to make a living.

If the government would ensure that the demands put forward by the EFF to the Chamber of Mines, Johannesburg Stock Exchange and the SA Reserve Bank were implemented, this country would rid itself of the deeming strategies with which people make a livelihood and for which they are then criminalised by the state. For these reasons we reject this Criminal Matters Amendment Bill.

PROF C T MSIMANG: The Criminal Matters Amendment Bill arrives at a time when the protection of the nation’s essential infrastructure is in dire need of greater protection from organised criminal activity which includes theft and the illicit trade of both ferrous and nonferrous metals. Rampant and increasing theft and damage to the country’s infrastructure will have devastating consequences if left unchecked and can precipitate a total breakdown in the provision of basic services like water, power, transport and the provision of health to communities, to name but a few. Copper cable, steel and iron infrastructure remain targets of criminal elements.

Therefore, this Bill is both timely and extremely necessary. This Bill will have the effect of criminalising the unlawful and intentional tempering with or destruction of essential infrastructure with the commensurate imposition of severe penalties and up to 30 years imprisonment. It is critical that our legislation regarding issues such as these be strengthened, but this is only part of the solution. We additionally require the operational capacity of our enforcement arms, the SAPS, and other law enforcement agencies to be bolstered as well as better working relationships established between law enforcement and the private sector, as well as the public at large. If we are to stem and altogether end the criminal activity that this Bill wishes to eradicate, we will require the full commitment and buy-in from the citizenry as well.

The department should also consider conducting road shows in the various provinces whereby the public is informed of the infrastructure theft that is taking place and how they can assist our law enforcement in preventing same. The judiciary, through this legislation, will now be able to take a tougher stance regarding the setting of daily sanctions which will send the requisite message out to the criminals that such activity will not be tolerated and will be met with the most stringent criminal sanction. The IFP supports this Bill. I thank you.

Mr A M SHAIK EMAM: House Chair and hon members of this House, the Criminal Matters Amendment Bill is long overdue. The rampant theft and vandalism of our water and electrical infrastructure is threatening to undo much of the gains our country has achieved in developing basic service infrastructure over the past 21 years. Social discontent with basic service delivery is an almost daily occurrence and there can be no doubt that the theft and vandalism of essential infrastructure is a contributing factor to social discontent.

The NFP is in total agreement with the memorandum on the objectives of the Criminal Matters Amendment Bill. These objectives highlight the fact that the level of crime in South Africa, relating to essential infrastructure, poses a risk to, among others, public safety, electricity supply, provision of water, uninterrupted communication and safe transportation. All of these have a very negative impact on South Africa’s economy and society at large.

We welcome the practical steps contained in the provision of the Bill to strengthen the hand of law enforcement and the dispensing of justice where crime affects service delivery. Most noticeably the NFP welcomes the creation of statutory offences aimed, particularly, at combating the theft and vandalism of essential infrastructure. We believe that unambiguous clarity in legislation will assist the investigators, prosecutors and jurors in executing the task of dispensing justice.

The NFP welcomes the tightening of bail proceedings and removing the discretion to grant bail by police or prosecutors. By tightening bail, the legislation is sending a very strong signal as to the seriousness of the offence and must be commended. We also welcome the imposition of increased minimum sentencing believing that such an increase will serve as a deterrent to those involved in the theft and vandalism of service delivery related infrastructure. We believe that the increased minimum sentences will assist in breaking up syndicates which are highly organised and spreading in the theft of metals, in particular.

In conclusion, we believe that well considered and drafted legislation such as this Bill is an example of what the legislature is capable of, if we apply our minds to a problem at hand. The NFP wholeheartedly supports the Criminal Matters Amendment Bill. I thank you.

Mr W M MADISHA: It is common cause that South Africa needs the Criminal Matters Amendment Bill urgently. Government is under immense pressure from the public to deliver services. On the other hand the National Treasury is running on empty. The national debt is now R1.8 trillion and on top of that mountain of debt the Minister of Finance wants to borrow an additional R60 billion, such that is frankly unaffordable. To make matters worse there is enormous theft of both ferrous and nonferrous metals. Such thefts cuts communication, prevents the supply of electricity and water and further adds to difficulty for everyone particularly the working class and the poor of our country. No normal government can allow armed and dangerous criminals as is happening currently to destroy essential infrastructure at such high costs to the nation.

Cope agrees that criminals caught tempering with or destroying essential infrastructure can only get bail by appearing in court. Criminals must know that destroying infrastructure is a serious crime. Furthermore, the imposition of a sever penalty is quiet necessary in this instance. Anyone who has goods like cables and metals suspected of being stolen from infrastructure must give a satisfactory account of such possession. Unfortunately the worst kinds of criminals in this regard are those who occupy positions of trust. The law must treat such people very harshly for betraying the trust that comes from the people of our country.

We also agree that the law must apply pressure on dealers on second hand scrap metal and those who act as agents from scrap metal. They must thoroughly satisfy themselves that they are not buying ferrous and nonferrous metal stripped from infrastructure. It is right to place the onus of proof on them. At the same time citizens should not experience the disruption of basic services relating to energy, transport, water, sanitation and communication because of ongoing theft. Cope supports this Bill albeit we further believe that certain refining needs to be done and that it can be done. Thank you. [Applause.]

Mr S N SWART: House Chair, the ACDP shares the view that the unacceptable high incidences of crimes relating to certain infrastructure pose a risk to safety, electricity supply, communications and transportation. I am sure that members here will agree that it is disgraceful that unscrupulous criminals jeopardise the lives of citizens through the theft of a few metres of cable and vandalising stations. Cable thefts have been blamed for several deaths already and let us also think of the engineers many of whom have died repairing damaged substations, repairing cables through burns and electric shocks.

It is interesting that in 2013 there were 58 000 major cable theft cases reported, that is 159 per day but only 374 scrap dealers were convicted. So, this Bill is an attempt to address this deficiency in the law and to introduce a severe new statutory crime and sever penalties including up to 30 years of imprisonment and or a fine of a R100 million. If you consider that the scrap industry in South Africa is worth R15 to R20 billion then this significant fine is something to be imposed, recommended and supported by this House. Another aspect touched on by other members is related to suggestions to increase and extend the definitions of the Bill of essential infrastructure basic services to cover the theft of water and electricity itself. We, from the ACDP initially supported this proposal but, in view of the concerns expressed by the department about the unintended consequences, we agreed, in terms of the committee’s resolution that the Minister should investigate whether there are any unintended consequences or broadening the definitions and then report to the committee within 12 months.

We, from the ACDP trust that this Bill will send a very powerful message that this Parliament is taking a very strong stance on this issue. Obviously the issue now relates to implementation and we would encourage our law enforcement officials as soon as this Bill is passed, to ensure that far more scrap dealers face the full force of the law. Maybe when one can link the causation you could even have a consideration of attempted murder when you see engineers and other people die as a result of this vandalisation and cable theft.

We also think that Cosatu’s suggestion of a possible moratorium on the export of certain nonferrous metals such as copper which are linked to cable theft should be considered. We support all steps to get rid of this heinous crime. The ACDP will support this Bill. I thank you. [Applause.]

Ms M R M MOTHAPO: Ke a leboga, Modulasetulo. House Chairperson, hon members and fellow South Africans, the National Development Plan in chapter 12, makes provision for the building of safer communities. It goes further to say that, by 2030 people leaving in South Africa should feel safe and have no fear of crime. They should feel safe at home, at school and at work. They should enjoy an active community life free of fear.

This progressive Bill is intended to build safer communities by addressing threats and damages that the theft of metal causes to essential infrastructure that is used to provide or distribute basic services to the public. This poses a risk, Chairperson, to inter alia public safety, electricity supply, provision of water, communication and transportation. It has a negative impact on South Africa’s economy, society and infrastructure.

Chairperson, the ANC led government has prioritized the fighting of crime. This was emphasized by President Zuma in the state of the nation address in February, hence, the introduction of the Amendment Bill, which will assist in the fight against cable theft crime and tampering thereof.

The amendments intends to provide changes to the law pertaining to infrastructure related offences by providing stricter provisions for the granting of bail, the sentencing of offenders and creating a new offense to criminalize tampering with or damaging or destruction of essential infrastructure, which may interfere with the provision of basic services to the public.

Chairperson, as the Portfolio Committee, we are of the view that the legislation is pressing as the level of essential infrastructure related crimes is unacceptably high and is increasingly involving organized syndicates. In the committee’s view, we must act decisively to combat this criminal activity that disrupts the provision of basic services relating to energy, transport, water, sanitation and communication. These disruptions are not only costly, but also impact on the daily lives of South Africans and those who live in it who must do without water or electricity.

In 2014, Chairperson, government established a Working Group consisting of Deputy Ministers from various departments, to make proposals for urgent and concerted action by government, the private sector and communities to protect South Africa’s socio-economic infrastructure from theft and illicit trade in both ferrous and non-ferrous metals. The Working Group acknowledges that, while copper cables was the focus of criminal activity, increasingly ferrous metals such as steel and iron affecting transport and electricity infrastructure are also being targeted.

The Working Group made the following observation; the social and economic costs caused by cable theft often far outweighs the actual value of the material stolen and resulted in loss of income, disruption of essential services and diversion of scarce resources as well as social instability. Secondly, increasingly, frequent reports of deliberate damage to local government infrastructure, especially water infrastructure to achieve political goals or economic gain. Thirdly, weak operational coordination and information sharing amongst law enforcement agencies and the affected industries has hampered the fight against these crimes. The absence of uniform procedures, Chairperson, and protocols for the investigation and prosecution of these crimes has compounded these challenges.

The present legislation, Chairperson, has loopholes and lack of awareness amongst investigating officers, prosecutors and judicial officers, of the seriousness these crimes has led to them often being treated as petty crimes receiving minimal sentences. Various recommendations made by the Working Group were accepted by the Presidential Infrastructure Coordinating Council, including strengthening existing legislation to include amendments providing for the minimum sentences in cases where theft of non-ferrous metals has caused serious interference with or disruption of essential services rendered for the benefit of the public. Serious damage to infrastructural facility or system, whether publicly or privately owned or the theft was committed by a security officer at a property, he or she was required to protect or the security officer acted in common purpose or conspired with a group or syndicate.

As we debate this Bill, Chairperson, there is a case of City Power Johannesburg official who was found in possession of cable drum rollers with an estimated value of R350 000. He is allegedly facing charges in the South Gauteng High Court, according to managing director Sicelo Xulu.

Therefore, Chairperson, as already alluded to, the Bill adopts a hard line approach to bail and sentencing for a range of offences involving ferrous or non-ferrous metals that forms part of essential infrastructure by removing the discretion of police officers and prosecutors to grant bail to persons charged with any essential infrastructure related offence. This aims to send out a message of the seriousness of the crimes in question.

Chairperson, let me respond to hon Breytenbach’s sentiments that, as the ANC led government, we are speeding up the promulgation of the amendments because the local government elections are just around the corner. In our manifesto, just to remind you, and as one of our five key government priorities, we are fighting crime very seriously. We are not attending to this Criminal Matters Amendment Bill because local government elections are around the corner. It is surprising because in the Portfolio Committee, we unanimously adopted and agreed to all the submissions made and adopted the Criminal Matters Amendment Bill. I am really surprised as to what Adv Breytenbach, my learned colleague, is referring to. As the ANC, hon Chairperson, we fully support this Bill.

Mr L M NTSHAYISA: Madam Chairperson, because of the high rate of crime in South Africa, the strict measures that are proposed in this Bill are very much relevant. It should not just be easy to grant bail to criminals. The provisions of section 60 of the Criminal Procedures Act 51 of 1997 should now be adhered to.

Tampering with essential infrastructure is a serious crime which may cost lives of many and bring down the economy of this country. The 30 years of imprisonment proposed in this Bill is also welcome. This Bill has a very good purpose. It cannot be correct that the people of South Africa are put in danger by unscrupulous and senseless criminals. The application of section 59 and that one of section 59(a) of the Criminal Procedure Act 51 of 1977 would no longer be relevant because it was very loose and the police would just grant bail to any criminal. This Bill therefore creates a new offence; it criminalises the unlawful and intentional tampering with, damaging or destruction of essential infrastructure.

As Parliament we need to amend some of the Acts that are no longer relevant or which do not assist the state. We really need to come and reason together and fight crime. However, it should be remembered that as members, whatever happens in the case of this Bill, people should be consulted so that they can express their views which should be carefully considered. In that way, people would be taking part in governance.

Violence and destruction of property does not help us at all. Real criminals are in a campaign to destroy the economy of our beloved country. It cannot be possible therefore to deliver basic services to the people in such a country where criminals are just allowed to do as they feel. We cannot allow a situation whereby the country will be controlled by criminals. It means that we must come together and hit hard on criminals - declare war on criminals - so that our people will get services they deserve. The AIC supports this Bill. Thank you very much. [Applause.]

Mr W HORN: In supporting this Bill we must again state that indeed this Bill should rather be called the Bill of missed opportunities. Let us take a look at some of the proposals received during the public hearings and then you decide for yourself whether this Bill could not have been much more powerful if these proposals were considered.

Firstly, poor old struggling Transnet - that the Minister said we will be assisting - asked for only one thing, and that is, the expansion of the definition of basic services because the Bill in its current format does not deal with all of the services they provide. The request, as an outcome, was rejected because - in the words of the Department and the Deputy Minister - this Bill has a narrow focus.

No reasons however were provided why the Bill should have this narrow focus. The SA Local Government Association, Salga, representing our mostly hapless local governments, who asked for the broadening of the Bill to assist them in their fight against electricity and water theft through illegal connections was next to be sent away empty handed.

Never mind the fact that most of these pre-metered losses suffered by our municipalities and which amount to as much as 25% in the case of electricity and 35% in the case of water, are suffered due to theft caused by the tampering with and manipulation of infrastructure of municipalities used in the provision of basic services. Never mind that all of these words used in the Salga submission are words already contained in the definition of the Bill, with the effect that the broadening of the scope of this Bill did not even require a wholesale redraft.

Next up for disappointment was our country’s best known sinking ship, Eskom, who also asked for minor additions to the provisions of the Bill to assist them in their fight against the theft of electricity.

And lastly, as already mentioned today, everybody on the committee was convinced by Cosatu’s argument that health services, education and security services at least must be added to the scope of the Bill. However, this was also to no avail. But ultimately, Cosatu might have shot themselves in the foot by advising that in the implementation of the Bill the DA-run City of Cape Town must be consulted, because in the words of Cosatu, Cape Town - even in the absence of the legislative measures contained in this Bill - has been hugely successful in setting up a copper theft unit.

At least Cosatu was not sent away without a consolation prize. They were promised that their input will be reflected in another Bill, which must now be tabled within 12 months. The Judicial Matters Amendment Bill could have done so much more in our fight against crime, but these possibilities were all sacrificed in order for the ANC to say to the electorate, “We have delivered”. [Interjections.]

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon member, your time has expired. [Interjections.]

Mr W HORN: What will not be added is that they could have delivered so much more, I thank you. [Time expired.] [Applause.]

JUDICIAL MATTERS AMENDMENT BILL

(Second Reading debate)

Adv B T BONGO: Hon Chair, hon Ministers and Deputy Ministers, hon members and fellow South Africans. In December 2014, the Presidential Infrastructure Co-ordinating Council resolved that the state must crack down on theft of cable and metal that causes serious economic and social destruction. This Bill that we are bringing before the Parliament seeks to be a response to that resolution.

Hon members, no wonder why every time we are in the committee, hon Breytenbach and hon Horn always converse with one another, and not listening to the deliberations of the committee or listening to the seriousness on how we take these matters. All the issues that they have raised today, around Congress of SA Trade Unions, Cosatu, and criticism on the Bill are on the ATC dated 22 October 2015. I want to read the ATC for record. It says that during the deliberations, the committee considered proposal to extend the scope of the Bill to include loss, damage or the tampering of the essential infrastructure that provides other basic services, for example, health and education. That is an example.

The committee believes that there is a merit in the proposal that is brought by Cosatu, but we would not like to delay the Bill in front of us, it must be given its urgency. That’s an ATC, so that you can read for yourselves hon Breytenbach and hon Horn. Thank you.

Hon members, despite the amendment of the Second-Hand Goods Act to strengthen legislation around the cable theft, arrest in this regard has not been convincing and those who commit these crimes still are able to get scot-free. Cable theft, in terms of the Criminal Procedure Act is still treated as one of the petty crimes and is still treated as malicious damage to property. So, the ANC-led government cannot and will not accept the effective sabotage of our infrastructure system for the profits of syndicates.

In broad terms, the Bill seeks to address not only the theft of metal, but also damage of essential infrastructure in our communities. The Bill in the main seeks to achieve the following: Strengthening the criminal justice response on the issues of cable and metal theft, creating a new offence that criminalises tampering and or damaging the infrastructure; ensuring that offences applies to everyone who collude to this crime; tightening up the bail provisions on this crime; introducing minimum sentences to the crime and providing harsher sentences on those who are found to be on the wrong side of the law in this country.

As the portfolio committee we have consulted very broadly. We have taken submissions and public hearings from the Lawyers for Human Rights, Commission on Gender Equity, Legal Aid South Africa, Cosatu, Eskom, Telkom, Transnet, Salga and a City of Cape Town.

It is worth mentioning hon members that part of the things that Cosatu raised with the committee was that this crime finds its resonance more in the Western Cape than any other province. So, it’s a matter that we may have to investigate and check whether other members are not part of this, as they are rejecting this kind of thing. [Applause.]

During the public hearing on the Bill, the committee was informed that metal theft cause serious damages to key sectors. It causes economic disruption. Essential infrastructure relating to this crime causes serious economic disruption on issues that relate to sanitation, transport, water and energy.

So, copper cable theft alone is having a devastating economic effect. It’s a report that we got from Eskom, Telkom and Transnet. So, the ANC is therefore strongly of the view that this legislation is urgently required.

The committee has also inserted a new section, section 9 of the Prevention of Organised Crime Act 21 of 1998. So, metal theft and damage and tampering of essential infrastructure - it is tantamount to economic sabotage and compromises the territorial integrity of the Republic of South Africa.

As the ANC, we brought this Bill. The Bill is one that is part of a broader and a concerted effort by the ANC government to implement National Development Plan. We like to call upon the private sector and communities to work together with the ANC government to ensure that we protect the socioeconomic infrastructure that belongs to the country. Thank you very much, hon Chair. [Applause.]

The DEPUTY MINISTER OF JUSTICE AND CORRECTIONAL SERVICES RESPONSIBLE FOR JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Chairperson, as members have said what the Bill does, is elevate what are existing crimes into something more serious. So, you could steal a piece of metal which is only worth about R100, you could then get punished for that, but in fact you have caused a million rands of damage or more because of the infrastructure you have damaged.

So, effectively what the Bill is doing is, if you caused damage knowing or you should have known that it was essential infrastructure that you are damaging, and then you are subject to this Bill. As members have said, it elevates, makes it more difficult to get bail, and makes the sentencing harsher.

I am glad that just about everybody in the House have supported this Bill because damage to infrastructure through cable theft affects all communities, whether they are rich or they are poor. And that is what we are trying to prevent.

It is a pity that the DA has chosen to politic over this Bill. I am surprise that your former leader, the Premier of the Western Cape didn’t raise any of this issue in the Presidential Infrastructure Co-ordinating Committee because I presume she saw the good of this Bill for the whole of society.

So, this Bill is not something for the local government elections. It’s something there because it needs to be done. And then to the hon Horn, I will suggest that you read the Bill. Look at the definition of basic infrastructure which includes energy. Look at the issue of tampering and the fact that tampering is a crime. If you read that you will see that the issues that you raised are accommodated. To extend the Bill as Cosatu had requested through its members in the report because we have to ensure that there aren’t unforeseen consequences. So, to thank largely all the members for this House for their support, let us move forward to improving service delivery. [Applause.]

Question put: That the Bill be read a second time.

Division demanded.

The House divided.

The HOUSE CHAIRPERSON (Ms M G Boroto): I would like to remind members that there may be only one vote from their allocated seats. When requested to do so, members must simply indicate their vote by pressing the appropriate button below the yes, the no or abstain signs. If a member inadvertently presses the wrong button, the member may, thereafter, press the correct button. The last button pressed will be recorded as the member’s vote when the voting session is closed by the Chairperson.

The question before the House hon members, is that the Criminal Matters Amendment Bill be read a second time.

Are all members in their allocated seats? Voting will now commence. Those in favour should press the “yes” button; those against should press the “no” button and those wishing to abstain should press the “abstain” button. Have all members voted? The voting session is now closed.

AYES - 210: Abrahams, B L; Adams, F; Adams, P E; America, D; Atkinson, P G; Bagraim, M; Baker, T E; Bam-Mugwanya, V; Basson, L J; Basson, J V; Bekwa, S D; Beukman, F; Bhanga, B M; Bhengu, P; Bhengu, N R; Bhengu, F; Bilankulu, N K; Bongo, B T; Booi, M S; Boshoff, H S; Bozzoli, B; Brauteseth, T J; Breytenbach, G; Capa, N; Carrim, Y I; Carter, D; Cassim, Y; Cebekhulu, R N; Cele, M A; Chikunga, L S; Coleman, E M; Cronin, J P; Davies, R H; De Freitas, M S F; De Kock, K; Didiza, A T; Dlakude, D E; Dreyer, A M; Esau, S; Faku, Z C; Figg, M J; Figlan, A M; Filtane, M L W; Fubbs, J L; Galo, M P; Gamede, D D; Gcwabaza, N E; Gigaba, K M N; Gina, N; Goqwana, M B; Gumede, D M; Hlengwa, M; Horn, W; Hunsinger, C H H; James, L V; James, W G; Jeffery, J H; Joemat-Pettersson, T M; Jongbloed, Z; Kalyan, S V; Kekana, E; Kekana, C D; Kekana, H B; Kenye, T E; Khoarai, L P; Khosa, D H; Khoza, T Z M; Khunou, N P; Kohler, D; Koornhof, G W; Krumbock, G R; Kubayi, M T; Kwankwa, N L S; Lorimer, J R B; Luyenge, Z; Luzipo, S; Maake, J J; Mabasa, X; Mabe, B P; Mabija, L; Mabilo, S P; Mackenzie, C; Madella, A F; Madlopha, C Q; Maesela, P; Mafu, N N; Mahambehlala, T; Mahlalela, A F; Mahlangu, D G; Mahlangu, J L; Majeke, C N; Majola, F Z; Makhubela-Mashele, L S; Makhubele, Z S; Makondo, T; Malatsi, M S; Malgas, H H; Maluleke, J M; Maluleke, B J; Manamela, K B; Manana, M C; Manana, M N S; Manana, D P; Mandela, Z M D; Mapulane, M P; Marais, S J F; Martins, B A D; Masango, M S A; Masango, B S ; Masehela, E K M; Mashatile, S P; Mashile, B L; Masondo, N A; Masuku, M B; Masutha, T M; Maswanganyi, M J; Mathale, C C; Matsepe, C D; Matshoba, M O; Matsimbi, C; Mavunda, R T; Maxegwana, C H M; Mazzone, N W A; Mbhele, Z N; Mchunu, S; Mcloughlin, A R; Mdakane, M R; Memela, T C; Mileham, K J; Mjobo, L N; Mmemezi, H M Z; Mmola, M P; Mmusi, S G; Mnganga - Gcabashe, L A; Mnguni, D; Mnguni, P J; Mnisi, N A; Morutoa, M R; Mosala, I; Motau, S C; Mothapo, M R M; Motimele, M S; Mpumlwana, L K B; Msimang, C T; Mthethwa, E M; Nchabeleng, M E; Ndongeni, N; Nel, A C; Nesi, B A; Ngcobo, B T; Ngwenya-Mabila, P C; Nkadimeng, M F; Nkwinti, G E; November, N T; Ntshayisa, L M; Nyalungu, R E; Nyambi, H V; Oliphant, G G; Oliphant, M N; Ollis, I M; Patel, E; Phosa, Y N; Pikinini, I A; Pilane-Majake, M C C; Rabotapi, M W; Radebe, B A; Radebe, G S; Ralegoma, S M; Rantho, D Z; Raphuti, D D; Redelinghuys, M H; Robertson, K P; Robinson, D; Schmidt, H C; Semenya, M R; September, C C; Shinn, M R; Shope-Sithole, S C N; Singh, N; Siwela, E K; Sizani, P S; Skosana, J J; Stubbe, D J; Surty, M E; Swart, S N; Tleane, S A; Tobias, T V; Tom, X S; Tongwane, T M A; Topham, B R; Tseke, G K; Tseli, R M; Tsotetsi, D R; Tuck, A; v R Koornhof, N J J; Van Dalen, P; Van Damme, P T; Van Der Merwe, L L; Van Der Walt, D; Van Der Westhuizen, A P; Van Rooyen, D D D; Van Schalkwyk, S R; Volmink, H C; Vos, J; Walters, T C R; Waters, M; Williams, A J; Wilson, E R; Zulu, L D; Zwane, M J.

NOES - 14: Chewane, H C; Dlamini, M M; Ketabahle, V; Khoza, N P; Mashabela, N R; Matiase, N S; Matshobeni, A; Maxon, H O; Mbatha, M S; Mhlongo, S P; Mokause, M O; Ntobongwana, P; Shivambu, N F; Sonti, N P.

Question agreed to.

Bill accordingly read a second time.

CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON MINERAL RESOURCES

There was no debate.

The CHIEF WHIP OF THE MAJORITY PARTY moved: That the Report be adopted.

Declarations of vote:

Mr M WATERS: The DA would not oppose this report and indeed we will associate ourselves with much of what is in it. Three quarters of the recommendations, we support with enthusiasm. The rest do not oppose, but do not think are necessarily vital.

Either our support for what is budgeted does not mean that we support the framework within which the department is operating. Much of the mining industry is in dire straits and much of the reason for that is poor government policy.

There are two issues in this report which we would like to emphasise. The first is the mineral rights allocation system SA Mineral Resources Administration, Samrad. The department was supposed to have provided information on these months ago. We suspect that the reason that it has not, is that the system is simply not working as well as it is supposed to be. Certainly, there is a feeling in the industry that it is not working properly. There are alternatives, the fact that many countries in Africa, including our neighbours Mozambique, have a right allocation system that is more accessible and more transparent than ours.

The second item is the Council for Geoscience, CGS, and these bears a continual burden of unfunded mandates. It is a resource that would be worth investing in. We have been saying this for the last few reports. Everybody agrees that this funding is lacking and nothing changes. It’s time the ANC put our money where its mouth is. [Applause.]

Dr H CHEWANE: The EFF rejects the adoption of the Budgetary Review and Recommendation Report, BRRR, report on Mineral Resource Portfolio Committee. Firstly, something the report fails to acknowledge, let alone place on record is the fact that Mr Zuma moved Advocate Ngoako Ramatlhodi from the Department of Mineral Resources, DMR, because he did not want him to answer questions as to how corrupt and compromise as a Minister he is.

Secondly, again something that the recommendations of the report are failing to alarm the sector that the current Minister is only deployed there on recommendation of the Gupta family so that they can take over the mines. They have already started with the coal mines. Now, more relevant to the future of South Africa, unless we nationalise mines to ensure radical transformation and local beneficiation ... [Interjections.]

The CHIEF WHIP OF THE MAJORITY PARTY: Hon Chair?

Dr H CHEWANE: ... What we are doing here is to sit on the sideline ... [Interjections.]

The HOUSE CHAIRPERSON (Ms M G Boroto): Order! Hon member, hon member.

Dr H CHEWANE: ... and watch as multinational corporations continue to lead mineral resources leaving ghost towns diseases and damaged environment. [Interjections.]

The CHIEF WHIP OF THE MAJORITY PARTY: Hon Chair, order!

The HOUSE CHAIRPERSON (Ms M G Boroto): Order! Hon member?

Dr H CHEWANE: ... what the report also fails to appreciate is that all mining companies fail to comply with the legislation. Not even a single multinational corporation has lost their license. [Interjections.]

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon member speaking.

Dr H CHEWANE: ... The EFF rejects the adoption of this BRRR. Thank you.

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon member? Wait!

The CHIEF WHIP OF THE MAJORITY PARTY: Hon House Chair, the EFF cannot be law unto themselves. They are members of this House. They must be governed according to the Rules of this House. They cannot make their own rules.

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon members, I hope that’s in line ... [Interjections.]

Ms H O MAXON: Order, Chair!

The HOUSE CHAIRPERSON (Ms M G Boroto): No, let me first respond. [Interjections.]

Ms H O MAXON: ...Order, Chair! The Chief Whip of the Majority Party can’t just stand up and accuse us. He can’t even explain why he is accusing us. [Interjections.]

The HOUSE CHAIRPERSON (Ms M G Boroto): We are not here for a debate. I call the hon member to order. Hon ... [Interjections.] Yes, I allowed him. Yes! Hello! Hon member please be quiet, I am speaking. I am still explaining. [Interjections.] I called for the hon member on the podium to sit down so that I can take the point of order.

Now, the hon member did not listen until he finished his speech. I think that is what the hon member is talking about. I am going to let it pass for now. Hon members, please listen to me. [Interjections.] Order, hon members! We know the Rules of the House. When you are called by the Chair to sit down, there is no way that you can say you cannot hear. That’s not how ... [Interjections.] Hon member, I don’t want a dialogue with you seated there. I am speaking from this table. It is wrong to do that. And I want to repeat it, it is wrong. And you know the consequences that will follow. I don’t want to that route.

Ms L L VAN DER MERWE: Chairperson, but I think before I continue, I think you are setting precedent in the House by not actually enforcing the Rules. So, if you leave it like that, it will actually impact on rulings going forward.

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon member, your two minutes is moving.

Ms L L VAN DER MERWE: Yes! Thank you, Chairperson. Hon Chair, firstly let me state that I am not a member of the Mineral Resources Portfolio Committee, but I rise on behalf of the member of the IFP that serves on this committee.

Firstly, hon Chairperson, the Department of Mineral Resources received an unqualified report on the current financial year. Although not a clean audit, it is a vast improvement from the qualified auditor opinion of the previous financial year.

Of concern though is the fact that the department still has a vacancy rate of 14%, yet it still spends almost its entire allocated budget on just over R700 million on the compensation of employees. Better accountability and internal controls as well as management measures to further optimise available personnel can only benefit this department.

Without a doubt, the mining industry is going through fundamental structural adjustments. It is therefore imperative that innovation in terms of business solutions, better cohesion between business and labour and policy adjustment from government are urgently required in order to save our mining industry.

Given our country vast mineral wealth available, it is incumbent upon this department to ensure that it meets its target, mandate and objectives, so that it can ensure that the mining sector is able to play its pivotal role in being a catalyst for job creation and economic growth. The IFP supports the recommendations of this report. I thank you. [Applause.]

Ms D CARTER: Chairperson, the National Development Plan, NDP, requires rectifying uncertainty in the regulatory framework and property rights, electricity shortages and prices, infrastructure weaknesses, especially in heavy-haul rail services, ports, water and skills gap. It also requires developing deepening and enhancing linkage with but other sections of the economy.

If South Africa had better energy efficiency, less intense demand for water, alternative uses for platinum, titanium etc, the economy would grow. Government must indeed ensure active engagement and resolution to issues raised through the mining industry growth and development task team process.

Cope also agrees that our mining sector environmental report must be included in the National Environmental Compliance and Enforcement Report, published annually by the Department of Environmental Affairs. Cope also supports streamlined and bribery free licensing processes in respect of mining and environment.

We need to ask why licensing was moved from the Department of Environmental Affairs? In respect of the one irregular spending incident, one too many in our view, the report should have indicated what’s the consequences followed for officials implicated in that.

The Auditor-General has repeatedly made the point that offenders and transgressors would repeat Public Finance Management Act, PFMA, offences because they do not fear any consequences. While the report has much to recommend, we believe that it has taken much of what the department has put out at phase value. Deeper interrogation ought to have taken place. The fact that mining has continued to slip down the economic ranking in respect of GDP contributions to our economy requires analysis. Cope also support the report and in doing so, we urge the portfolio committee to ensure that the measures recommended in the National Development Plan are aggressively implemented. I thank you.

Mr Z M D MANDELA: House Chair, hon members, given that the Freedom Charter calls on all of us to action in ensuring that the mineral wealth under the ground and in the sea belongs to all. Given that the stakeholders who are involved in the Mining Operation Phakisa confront a highly challenged industry and given that the necessity for transformation away from the discriminatory past remains a critical milestone for our naissant democracy, even though that processes made much more difficult by a number of factors; including the falling commodity prices, weaker export markets, unreliable and expensive electrical energy, implication of deep mines where the zero-harm principle is costly and illusive, the labour market being unsettled by job insecurity arising from the reaction to the threats of mine closures from mining companies, hence in accordance with its mandate, the portfolio committee has made the following recommendations: The department should clarify the status of the Mining Charter and clearly spell out the interim targets, so as to ensure a stable compliance regime for mining companies.

The department should also prioritise the filing of senior critical positions and ensure that the vacancy rate is reduced from 14%. The DMR must engage with the committee on the process it will undertake in order to implement the findings of the Farlam Commission and how it will fast-track the processing of the Mineral Petroleum Resources Development Act, MPRDA, Bill. The DMR and its entities need to align its bursary and other human resource development policies with demographic and gender target priorities of the respective organisations, ... [Interjections.]

The HOUSE CHAIRPERSON (Ms M G Boroto): Thank you very much. The time has expired.

Mr Z M D MANDELA: ... but also in particular the women in mining strategy need to be finalised and implemented. The ANC supports this report. [Time expired.]

Motion agreed to (EFF dissenting)

Report accordingly adopted.

CONSIDERATION OF BUDGETARY REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON POLICE ON INDEPENDENT POLICE INVESTIGATIVE DIRECTORATE

There was no debate.

The CHIEF WHIP OF THE MAJORITY PARTY: Hon House Chair, I move that the Report be adopted.

Question put: That the motion as moved by the Chief Whip of the Majority Party be agreed to.

Declaration(s) of Vote:

Mr M H REDELINGHUIS: Chairperson, the Roman poet Juvenal asked the timeless question, who will guard the guardsmen? When it comes to the SA Police Service, the SAPS, and municipal police across the country, the Independent Police Investigative Directorate, Ipid, guards our guardsmen. The Ipid is a critical institution in ensuring that our guardsmen, the police, are held accountable in their day to day conduct as members of the service and especially in times like the fees must fall protests we saw across the country in recent weeks.

The responsibility of the Ipid extends beyond just policing and policing police brutality. Financial and governance issues within the Ipid remain. Issues with regard to material misstatements, underspending, irregular and unauthorised expenditure, delays in payments of invoices and a significant number of vacancies plague the entity. It is also concerning that the entity is still headed up by an acting head, and this needs to be cleared up as soon as possible.

Despite these issues it must also be noted, and it is commendable, that the Ipid has made progress in addressing these financial and governance issues. This report more than adequately addresses those concerns and specifically demands accountability from the Ipid with very clear timelines. The DA accordingly supports this report. Thank you.

Ms M O MOKAUSE: House Chair, the EFF rejects the Portfolio Committee on Police’s Budgetary Review and Recommendation Report, BRRR, for Ipid. The Ipid is meant to play a very important role of policing the police, to ensure that they do not become a law unto themselves and that they do not abuse South Africans without facing consequences.

However, the reality is that there are currently over 1 000 members of the police with criminal records who are still serving and who are meant to fight crime in the Republic of South Africa. The Institute of Race Relations recently released a study which shows that the police have been infiltrated by criminal elements; rogue cops who commit crimes with impunity. The Ipid has done very little to bring these criminal elements to book. Not a single police official has been investigated for the killing of workers in Marikana. Not a single police officer was ever brought to account for shooting protesters who exercised their rights to protest against poor service delivery. Not a single police officer will be brought to book for the assault on students here at Parliament last week. There are cases of police brutality reported from KwaZulu-Natal, Gauteng and all over the country.

The Investigations and Information Management programme achieved only two out of 16 planned targets, which is a success rate of 12,5% of its performance target at the end of the 2014-15 financial year. This means that a whopping 87,5% of targets relating directly to investigating police brutality were not met.

This directorate is not functioning because it does not have resources and government does not want to provide adequate resources to them. We urge the government as a matter of urgency to capacitate this directorate. The EFF rejects the budget.

Prof C T MSIMANG: Hon Chair, in the interest of promoting an effective, efficient and professional policing service in South Africa with a commensurate reduction in crime and with the Ipid playing a very necessary role within the realm of such provision of a professional policing service, the IFP has the following issues it would briefly like to highlight which we consider require greater impetus and attention by the directorate.

The filling of all directorate positions is an essential requirement to any well-functioning department. Unfilled positions must be urgently staffed so that the department’s mandate and targets are effectively met. A vacancy rate of 12,2% is simply unacceptable. Training and capacity-building of investigators as well as the provision of equipment must remain a departmental priority.

In respect of financial performance, the reduction of the percentage of underspending is commendable. Once the repeat findings of the Auditor-General, AG, in respect of financial misstatements is a concern, care should be taken that such errors do not continue to plague the directorate and potentially tarnish its future audits.

In respect of departmental investigations, a greater focus must be placed by the directorate on cases involving systematic corruption, especially around the border safeguarding environment. The IFP supports the budget. Thank you.

Mr W M MADISHA: The clock for the National Development Plan, NDP, is ticking. The promise is for the objectives of the NDP to be fulfilled by 2030. Cope supports the request of the committee to the directorate to expand on the measures it has taken to impact positively on the realisation of the NDP goal and to substantially increase the professionalism of the Police Service. The necessity for the police’s professionalism in a Police Service as opposed to a Police Force cannot be overstated.

Our adherence to the SAPS code of conduct and respect for the Constitution must occur. Only then will we cease to hear of police brutality and the abuse of police powers. The upward trend of cases involving deaths in police custody in 2014 is very disturbing.

Cope supports the committee’s request to Ipid to do all that is necessary to prevent transactions and the abuse of power by the SAPS. Cope waits to see how consultative forums established between Ipid and the Civilian Secretariat for Police, CSP, will develop strategies to identify the measures they can take to effect positive changes in the behaviour of the SAPS’ members. There is indeed merit in prioritising interactions with the SAPS on awareness training during station lectures.

A matter of great concern is that of National Prosecuting Authority, NPA, delays in pursuing reported cases. Of the 983 cases referred ... [Time expired.]

The HOUSE CHAIRPSERSON (Ms M G Boroto): Maybe I should remind members that with regard to all the sittings that we will have until the last day, we must adjust to two minutes in respect of declarations of vote. This is a reminder of what was agreed to.

Mr F BEUKMAN: Thank you, House Chairperson. Hon members and fellow South Africans, thank you on behalf of the ANC for the opportunity to also give our support to this BRRR for 2014-15.

The committee was briefed on the annual performance of the 2014-15 year of the directorate on 15 October 2015. The committee also met with the AG with regard to the audit outcomes on 13 October 2015.

In terms of the summary of the directorate reporting requirements, 12 action steps will be required to fulfill the accounting responsibilities towards Parliament. In terms of recommendations, the committee made 19 recommendations. Most of the recommendations are aimed at addressing the lacunae identified by the AG and promoting the strengthening of the achievement of performance targets.

With regard to the core mandate of Ipid, we believe that Ipid can make a significantly positive contribution to increase the professionalism of the SAPS, as the directorate holds the legislative mandate to impact on the behaviour of members of both the SAPS and the municipal Police Service. The Ipid must realise the full potential of its mandate and address criminality within the national and municipal Police Services without fear and favour. We also await the outcomes of the investigations with regard to the Farlam Commission’s report. With regard to performance, the committee made the following recommendations:

Firstly, the committee recommends that the directorate must prioritise the development of an independent qualification for Ipid investigators and that this qualification must be registered with the SA Qualifications Authority, Saqa; and

Secondly, the committee also recommends that the independence of the directorate must be protected while co-operating with the NPA, the Directorate for Priority Crime Investigation, DPCI, and the SAPS in conducting investigations.

House Chairperson, we propose that this report be adopted. [Applause.]

Question put: That the Report be adopted.

Ms M O MOKAUSE: House Chair, note the objection of the EFF and we call for a division. [Interjections.]

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: House Chairperson, we are dealing with BRRRs here. We agreed in the Chief Whips Forum and also in the NA Programme Committee, NAPC, that declarations of vote will be two minutes in length for all parties. Thank you.

The HOUSE CHAIRPSERSON (Ms M G Boroto): Hon members, we agree with the two minutes. They have adhered to it and I have reminded them that it is two minutes. However, this is a different matter as they are calling for a division, unless I am advised that there was an agreement that divisions would not take place. Table chair, can you confirm?

Division demanded.

The House divided.

AYES - 175: Abrahams, B L; Adams, F; Adams, P E; America, D; Bam-Mugwanya, V; Basson, J V; Basson, L J; Bekwa, S D; Bergman, D; Beukman, F; Bhanga, B M; Bhengu, P; Bhengu, F; Bilankulu, N K; Bongo, B T; Booi, M S; Boshoff, H S; Bozzoli, B; Brauteseth, T J; Capa, N; Carrim, Y I; Carter, D; Cebekhulu, R N; Cele, M A; Chikunga, L S; Chiloane, T D; Coleman, E M; Cronin, J P; Davies, R H; De Kock, K; Didiza, A T; Dlakude, D E; Faku, Z C; Figg, M J; Figlan, A M; Filtane, M L W; Fubbs, J L; Gamede, D D; Gcwabaza, N E; Gina, N; Goqwana, M B; Gumede, D M; Hlengwa, M; Hunsinger, C H H; James, L V; James, W G; Joemat-Pettersson, T M; Jongbloed, Z; Kalyan, S V; Kekana, H B; Kekana, E; Kenye, T E; Khoarai, L P; Khosa, D H; Khoza, T Z M; Kohler, D; Krumbock, G R; Kubayi, M T; Lorimer, J R B; Luyenge, Z; Luzipo, S; Maake, J J; Mabasa, X; Mabe, B P; Mabija, L; Mabilo, S P; Mackenzie, C; Macpherson, D W; Madella, A F; Madisha, W M; Maesela, P; Mafu, N N; Mahambehlala, T; Mahlalela, A F; Mahlangu, J L; Mahlangu, D G; Majeke, C N; Makhubela-Mashele, L S; Makhubele, Z S; Makondo, T; Malatsi, M S; Malgas, H H; Maluleke, J M; Maluleke, B J; Manana, D P; Manana, M N S; Mandela, Z M D; Mapulane, M P; Marais, S J F; Martins, B A D; Masango, B S ; Masehela, E K M; Mashatile, S P; Mashile, B L; Masondo, N A; Masuku, M B; Masutha, T M; Maswanganyi, M J; Mathale, C C; Matshoba, M O; Matsimbi, C; Mavunda, R T; Maxegwana, C H M; Mazzone, N W A; Mbhele, Z N; Mchunu, S; Mcloughlin, A R; Memela, T C; Mileham, K J; Mmemezi, H M Z; Mmola, M P; Mmusi, S G; Mnganga - Gcabashe, L A; Mnguni, P J; Mnguni, D; Mnisi, N A; Morutoa, M R; Mosala, I; Motau, S C; Mothapo, M R M; Mpumlwana, L K B; Msimang, C T; Mthethwa, E M; Nchabeleng, M E; Ndongeni, N; Nesi, B A; Ngcobo, B T; Ngwenya-Mabila, P C; November, N T; Nyalungu, R E; Nyambi, H V; Oliphant, G G; Oliphant, M N; Ollis, I M; Patel, E; Phosa, Y N; Pikinini, I A; Pilane-Majake, M C C; Rabotapi, M W; Radebe, G S; Radebe, B A; Ralegoma, S M; Raphuti, D D; Redelinghuys, M H; Robertson, K P; Schmidt, H C; Semenya, M R; September, C C; Shinn, M R; Shope-Sithole, S C N; Singh, N; Siwela, E K; Skosana, J J; Smith, V G; Stubbe, D J; Tleane, S A; Tobias, T V; Tom, X S; Tongwane, T M A; Tseli, R M; Tsotetsi, D R; Tuck, A; v R Koornhof, N J J; Van Damme, P T; Van Der Merwe, L L; Van Der Walt, D; Van Der Westhuizen, A P; Van Rooyen, D D D; Van Schalkwyk, S R; Volmink, H C; Vos, J; Waters, M; Williams, A J; Zulu, L D; Zwane, M J.

NOES - 11: Chewane, H C; Ketabahle, V; Khoza, N P; Mashabela, N R; Matshobeni, A; Maxon, H O; Mbatha, M S; Mhlongo, S P; Mokause, M O; Ntobongwana, P; Sonti, N P.

Motion agreed to.

Report accordingly adopted.

CONSIDERATION OF BUDGET REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON POLICE ON CIVILIAN SECRETARIAT FOR POLICE

There was no debate.

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: House Chair, I move that the report be adopted.

Declaration(s) of Vote:

Mr Z N MBHELE: Ngiyabonga Sihlalo. [Thank you, Chairperson] The DA is very keen for the Civilian Secretariat for Police, CSP, to function effectively and optimally, especially now that it is operating as a designated department with its own Budget Vote.

Its performance in the 2014-15 financial year was a mixed bag and reflects ongoing weaknesses in leadership and organisational management which needs urgent improvement. The 50% underexpenditure in the department’s legislation and policy development programme is very concerning, given that this programme is important to help the secretariat play its pivotal role in developing policies that will assist the SAPS in becoming more professional and responsive to the public.

In particular, we would like to highlight the recommendation in the report for the Civilian Secretariat to develop a policy on demilitarisation before the end of December this calendar year.

We also highlight the need for the expansion and strengthening of the Civilian Oversight, Monitoring and Evaluation programme. In particular, we need the secretariat to conduct comprehensive quality assessments of the Police Service’s budget priorities and to evaluate the effectiveness of expenditure by the SAPS in delivering on their mandate.

We cannot continue with this longstanding situation where our hardworking rank and file operational members on the ground are chronically under-resourced and underequipped because of incompetence and mismanagement by the top brass. It is unfair to these service members who need more support and it is unfair to members of the public who rely on our men and women in blue to keep them safe. We support this report.

Mr S P MHLONGO: The EFF rejects the Budgetary Review and Recommendation Report on the CSP. The enactment of the Civilian Secretariat for Police Service Act in 2011 was meant to give the Minister of Police more capacity to do his job by advising him on key service-delivery issues affecting the police; to ... [Inaudible.] ... public participation and civil society engagement in the fight against crime; and to provide the Minister with evidence-based analysis of what ought to be done to reduce and eliminate crime in this country.

The reality is that even before the CSP was made a department last year and during the time that it has been made a department on its own, there has been a very sharp schism between the police and South African society as a result of the high-handed nature with which the police relates to ordinary law-abiding citizens.

While this is a problem, the CSP continues to uunderspend on its budgets. For the 2014-15 financial year, they received a main appropriation of R99,8 million and they spent only R82 million of that budget. That they laud this as an achievement and an improvement on their underspending of previous years is a clear indication of the deep levels of mediocrity in this particular department.

They underspent almost 50% of their 2014-15 budget focused on legislation and policy development, one of their key performance indicators. If this is not proof of a dysfunctional government department then I don’t know what dysfunctional means. [Time expired.]

Mr M HLENGWA: Chairperson, the IFP will support this BRRR. We do want to emphasise though the concern that the department received a qualified audit opinion which of course speaks to the fact that there is poor internal controls, a failure to observe the Public Finance Management Act, PFMA, and a failure to observe National Treasury regulations. Whilst these may be attributed to being teething problems, they certainly cannot be allowed to continue if we are going to ensure that there is good governance in the entity.

Moreover, the irregular expenditure of R7,6 million is most concerning, given the fact that the entity cited that it was for travel costs and that they only had one service provider. That on its own speaks to serious contraventions of the PFMA.

The National Development Plan, NDP, does call for the demilitarisation of the SAPS and the report in itself makes the recommendation that by December 2015 the CSP must have developed a policy to ensure the realisation of this particular NDP goal. Therefore, that cannot be overemphasised because it is a priority as we seek to professionalise the SAPS.

Of course the process in beginning to do that is that the National Commissioner of Police must be a career policewoman or career policeman. The continued practice of appointing a civilian to the position of national commissioner grinds against the grain of professionalising this noble career of the men and women in blue. The past two and the current, now suspended, National Commissioners of Police were civilians and their endings are all the same – disaster, disaster and another imminent disaster that we are about to see.

Therefore, let us go back to basics, and the basics is that we must demilitarise the SAPS and ensure that we give them an opportunity of professionalising this entity by appointing career policemen and women to the post of national commissioner. I thank you.

Mr F BEUKMAN: Hon House Chairperson, hon members and fellow South Africans, thank you on behalf of the ANC that we can give our support to this report.

The CSP derives its mandate from the Constitution and the Civilian Secretariat for Police Service Act 2 of 2011. Section 208 of the Constitution states that a Civilian Secretariat for Police should be established by national legislation to function under the direction of the Minister of Police.

The committee made 13 recommendations and highlighted eight additional areas that must be undertaken to improve performance and financial management. A lot of focus in the recommendations is on implementing the recommendations of the Auditor-General and providing monthly reports to the portfolio committee on progress.

In terms of oversight and policy development, the committee recommends that the secretariat develops a policy on the demilitarisation of the SAPS and a status report on the functioning of community safety forums across the country.

The Civilian Secretariat is expected to play a pivotal role in developing policies that will assist the SAPS in becoming more professional and responsive to the public. The committee is of the view that only a strengthened, well organised and well-managed Civilian Secretariat with strengthened partnerships can assist with enhancing its oversight role over the SAPS.

As the standard bearer for civilian oversight, the secretariat should lead from the front, and strengthen budget and internal controls. Management practices should be given the necessary attention in the coming year as well.

An effective and professional Civilian Secretariat is a vital tool to ensure an accountable and professional Police Service. We propose that the report be adopted.

Question put: That the Report be adopted.

Ms H O MAXON: Please note the objection of the EFF.

Motion agreed to (Economic Freedom Fighters dissenting).

Report accordingly adopted.

CONSIDERATION OF BUDGET REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON POLICE ON SOUTH AFRICAN POLICE SERVICES

There was no debate.

The Deputy Chief Whip of the Majority Party moved: That the Report be adopted.

The HOUSE CHAIRPERSON (Ms M G Boroto): The motion is that the report be adopted. The Deputy Chief Whip of the Opposition?

Mr M WATERS: Hon House Chair, the DA would like to make a declaration. Thank you.

The HOUSE CHAIRPERSON (Ms M G Boroto): Declaration requested. DA?

Ms M O MOKAUSE: House Chairperson, may I address you?

The HOUSE CHAIRPERSON (Ms M G Boroto): Yes, hon Mokause?

Ms M O MOKAUSE: House Chairperson, every time a report is moved for adoption, I suggest that you not only mention the DA. I suggest that the Chair should invite political parties — not only the DA — to make declarations if they so wish.

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon member, I am not going to get into a workshop. [Interjections.] Hon members, order! I am not going to workshop anybody about the processes of this Table. This is not the time. I must just indicate, hon member, that your point of order cannot be sustained because it is not correct. Thank you. [Interjections.]

Declarations of vote:

Mr Z N MBHELE: House Chairperson, the story of the performance of the SA Police Service, SAPS, in this Budget Review and Recommendation Report is not simply a story of statistics, targets and financials. It is fundamentally the story of ordinary citizens and their everyday lives in the real world. It is the story of a mother who has waited three years for the toxicology analysis report of the crime scene where her daughter was found dead under mysterious circumstances. It is the story of two young women who witnessed the horrific murder of their partners at Rose Park in Kensington in a traumatic attack.

When the forensic science laboratories fail to meet their targets, that translates into justice delayed for thousands of crime victims and families of crime victims, because those cases take years to go to court for prosecution.

Similarly, when the target for the detection rate of serious crimes is not achieved — reaching only a meagre 37,4% in 2014-15 — when serious crime dockets simply become closed as cold cases, it means that the victims of traumatic attacks or the families who are left behind after a murder face the very real possibility of living with unanswered questions and being deprived of closure for the rest of their lives.

This underperformance in many areas is all the more baffling when the SAPS is able to report 100% expenditure of the department’s final appropriation, year-on-year. On behalf of the public who require better safety and more effective policing, the DA will thus continue to ask and seek answers to the question: Where is all this money going? Thank you. [Applause.]

Mr M S MBATHA: House Chairperson, the EFF rejects the Portfolio Committee’s Budgetary Recommendation Review and Report on the SA Police Service, SAPS.

South Africa today resembles a war zone with 49 murders committed everyday. The police seem to be either unable or unwilling to stem the dramatic rate of murder of all South Africans as it is happening. A total of more than 2 million crimes were committed in the period between March 2014 and April 2015. Every few of these criminal acts did not lead to criminal convictions because of poor investigating capacity of the SA Police Service.

Apart from the inability of the SAPS to deal with crimes affecting ordinary citizens, they have also been very much of a useful tool in the hands of unscrupulous politicians who use the SAPS to suppress any form of protest by ordinary South Africans.

There is also a raging monster of senior SAPS executives to continue leaning towards the political angles when handling criminal situations.

The ANC used the SAPS to kill mine workers at Marikana. It used SAPS to intimidate and arrest the students during the “Fees Must Fall” revolution. It used the SAPS to justify the massive criminality of the use of R250 million for the construction of the compound at Nkandla.

The portfolio committee instructed SAPS to fast-track the demilitarisation of the police last year. [Interjection.]

The HOUSE CHAIRPERSON (Ms M G Boroto): Thank you hon Mbatha. Thank you very much.

Mr M S MBATHA: And up until today SAPS has not been demilitarised. We reject this. Thank you. [Time expired.]

Mr N SINGH: Hon Chairperson, I rise on behalf of hon Mncwango, a member on this committee and on behalf of the IFP to make the following comments on this Budgetary Review and Recommendation Report.

In carrying out its core functions as constitutionally enshrined in section 205(3) of the Constitution, the Department of Police must ensure alignment of its targets with government priorities in its Annual Performance Plans and in it strategic plan with the Medium-Term Strategic Framework, MTSF.

We noted that two of its targets were not aligned with the MTSF and this must be corrected. Professionalism within the police force is a non-negotiable requirement. We are living in times of great socioeconomic unrest with many sectors of the spectrum erupting from time to time.

In many instances the police service is at the coal face of trying to restore order, peace and calm to the situation. This necessitates public order policing skills of the highest degree so that we do not have another tragedy like the one that occurred at Marikana.

Besides skills training of the highest order, our police also require logistical capacity and this must be adequately provided for. Too often, we hear the same old story from charge offices around the country that there are no vehicles available to attend to public complaints of criminal activity. In this respect, the calls for the re-establishment of the public order policing units and the additional allocation of the R3,3 billion as requested, must be supported.

Visible policing also requires greater capacity and we again call for the same, particularly in outlying rural areas. We also welcome the recommendation that police inspectorate recommendations in respect of visible policing be compulsory and be implemented by all SAPS members without delay.

The IFP supports the recommendations contained in this Budgetary Review and Recommendation Report. I thank you.

Ms D CARTER: Chairperson, the core functions of SAPS are to prevent, combat and investigate crime; protect and secure inhabitants and their property; as well as uphold and enforce the law. The MTSF prioritises reducing levels of contact crime; efficient and effective criminal justice system; protecting South African borders; securing cyber space; ensuring domestic stability; securing the identities of all people in South Africa; and reducing corruption in the public and private sector.

In terms of the National Development Plan, NDP, the four key pillars to strengthen the criminal justice system are the professionalisation of police, the demilitarisation of police and building safety.

Now, on strengthening the criminal justice system, Cope believes that the SAPS and Home Affairs databases should be merged as this would assist with the so-called inconsistent identification. It is sad to know that it is not linked.

In professionalising police and ensuring that crime levels are reduced, the department must start with additional contact training. The heartbreaking and devastating video that went viral two months ago was proof that the two officers that were gunned down, panicked, and did not have sufficient training of how to deal with the situation. More must be invested into contact training and not only for the public order policing as stated in the report.

To combat fraud it is of outmost importance to do lifestyle audits on all government servants and not, as the report states, target only vulnerable areas.

When we look at the Alpha Bravo Charlie complaints we need to ask what is being done to ensure that vehicles are roadworthy, maintained and that there are sufficient vehicles at police stations. And even ... we have seen so many incidents where there is not even petrol in vehicles. We cannot call 65 life sentences ... [Interjection.] [Inaudible.] It is important to now implement the recommendations. Thank you. [Time expired.]

Mr F BEUKMAN: House Chairperson, hon members, and fellow South Africans, thank you for the opportunity on behalf of the ANC to support this report.

The committee held meetings with the department during the period 13 to 15 October 2015. As an innovation, the report also includes a reporting-request template that indicates the action steps required from the SAPS as well as the time frames. In the case of SAPS, 28 action steps are required. We are of the view that this approach will further strengthen accountability and oversight by Parliament.

In terms of strategic professional policy directions, the committee made 31 recommendations. With relation to Programme 1: Administration, 15 recommendations; in terms of Programme 2: Visible Policing, six recommendations; in terms of Programme 3: Detectives, seven recommendations; in terms of Programme 4: Crime Intelligence, two recommendations; and one recommendation in terms of Programme 5: Protection and Security Services.

The overarching aim of these recommendations is to ensure that the SAPS becomes a professional police service that is trusted by the people and contributes to a South Africa where people are and feel safe. The recommendations also focus on addressing the concerns of the Auditor-General with regards to performance indicators.

The committee made recommendations that the SAPS continue with its plan to demilitarise itself through training and professionalism, and to determine the budget of such processes over the medium-term and provide the committee with the report.

The report also endorses the establishment of an independent panel of experts on the transformation of the SAPS and the transformation task team led by the Deputy Minister, in furtherance of the implementation of the Farlam Commission’s recommendations.

In terms of service delivery, the committee recommends that the SAPS reviews and revises the role and functions of cluster commanders to strengthen service delivery and to support station managers.

Finally, the committee believes that the implementation of the NDP is of vital importance. We propose that the report be adopted. Thank you.

Motion agreed to (Economic Freedom Fighters dissenting).

Report accordingly adopted.

CONSIDERATION OF BUDGET REVIEW AND RECOMMENDATION REPORT OF PORTFOLIO COMMITTEE ON CO-OPERATIVE GOVERNANCE AND TRADITIONAL AFFAIRS

There was no debate.

The Deputy Chief Whip of the Majority Party moved: That the Report be adopted.

Declarations of vote:

Mr K J MILEHAM: Chairperson, it is commendable that the Department of Co-operative Governance and Traditional Affairs and the all the entities reporting to it received unqualified audits, although only the SA Local Government Association, Salga, received a clean audit.

Of concern however is the lack of accountability of the provinces, the continued overexpenditure at the Municipal Demarcation Board and the lack of controls at the Municipal Infrastructure Support Agency, Misa. We do note the progress Misa is making in addressing these challenges however.

For the second year running, we highlighted the massive increases awarded to the chief executive officer of Salga, Mr Xolile George, who now earns a total cost-to-company salary of R4,4 million, which is a 36% increase year on year. It should be noted that this is awarded to him on a so-called personal-to-holder basis, which means it is specific to him and, if he were replaced, the new incumbent would earn a salary in line with the approved remuneration scales. This exorbitant expenditure is more evidence of the gravy-train culture that pervades all spheres of government.

Continued underspending on the Municipal Infrastructure Grant was again a major concern, and it appears that not enough is being done at a provincial level to support municipalities in ensuring that they are delivering on funded programmes. The department also failed to address the concerns of the previous Budget Review and Recommendation Report, BRRR, and it was only when they were pushed on this matter, that they reverted with a presentation on their progress yesterday – more than a year later.

Finally, it was again highlighted that the municipal demarcation transition grant was underfunded by some R277 million, an issue I raised when the Budget was tabled in February this year, raising a question mark over municipalities’ ability to effectively manage the proposed amalgamations after the 2016 election. It appears that this wholly foreseeable cost was not factored into the Minister’s request for amalgamations, leading one to wonder whether the amalgamations will ultimately prove viable. The DA supports the report.

Mr M HLENGWA: Chairperson, the IFP does support this report, and we’d also want to raise the concern about the chief executive officer of Salga who has had a salary increase of 36%, his salary moving from R3,5 million to R4,4 million per annum. This is totally unacceptable and is something which must be sorted out as a matter of urgency. Otherwise, Salga becomes a runaway train and grinds against the grain of what is sensible.

The Misa remains an integral part of ensuring that municipalities are functional, but what is important is that for it to achieve this task it, in itself, must be functional. We therefore support the interventions of the department aimed at ensuring that Misa becomes functional. Again, here too will be teething problems, obviously, because it is a new entity. The interventions that have been presented to the committee are commendable, and we give them our full support because they address the realities confronting Misa and the challenges therein.

We must express the concern that the section 22 proposals that were made by the Minister for redemarcation of some of the municipalities could have been planned better, and the timing has, in many respects, been to the detriment of the operations, particular the financial health of these municipalities, given the shortfalls that have been raised.

The final issue is the debt of provincial and national departments to municipalities. These departments just refuse point blank to pay, and they challenge and question the bills that had been forwarded to them. We note that special arrangements are being made for them to pay 80% and, if they had paid extra, then that money would be credited to them and so on. That is unacceptable and undermines local government which is a sphere of government. What we would want to say is comply and complain later so that we can ensure that we do not hamper the functioning of municipalities. I thank you, Chair.

Ms D CARTER: Chairperson, despite successive national government remedial initiatives aimed at addressing the problem besetting local government, including Operation Consolidate of 1999, the Local Government Turnaround Strategy and now Back to Basics, many municipalities, and this is the big problem in Co-operative Governance and Traditional Affairs, still remain dysfunctional and, as a result, unable to deliver.

According to government’s most recent assessment, only one third of municipalities are doing well, one third of municipalities have the potential to do well, whilst the other third of municipalities are just not doing well. Both the State of Local Government Report and the Back to Basics report point to poor governance as a primary factor for the dysfunctional state of many municipalities and, hence, their inability to deliver. These failures point to failures in Co-operative Governance and Traditional Affairs giving effect to its mandate and objectives. Cadre deployment lies at the heart of dysfunctional government at all levels and, in particular, at local level. The ills affecting local government will never be resolved until this immoral and unethical practice is banished. This practice is policy in the ANC. Is the ANC prepared to put South Africa and its people first and commit to the cessation of the practice?

I also need to say, if we look at the key reported challenges in the Department of Co-operative Governance and Traditional Affairs, Cope is really concerned that households still don’t have access to reliable and quality basic services. It is of grave concern that the report states that the Medium-Term Strategic Framework targets for access to basic services are unlikely to be met.

I also want to say that an unqualified audit with findings has zero value on paper, especially when it is about supply chain management concerns and human resource management, as well as the quality of statements. A major concern is the lack of investment in and maintenance of infrastructure.

In respect of the Municipal Demarcation Board, we have to ask whether they are doing their job in a fair and equitable manner in South Africa’s best interest. Thank you. [Time expired.]

Mr M P MAPULANE: House Chair, the committee yesterday received a detailed briefing regarding some of the issues that the committee raised. In particular, the committee was concerned about the application of the specific, measurable, achievable, relevant and time-bound, SMART, principle regarding the performance information of the department. Based on the information we received yesterday from the briefing by the department, the portfolio committee is happy that the department is indeed attending to the issues we had raised and the concerns the committee had.

Secondly, the committee is also concerned about the salary of the Salga chief executive officer and, in this regard, we have taken a decision that there has to be a meeting between the committee and the remuneration committee of Salga in which it briefs the portfolio committee about the basis it used in coming to a determination on this question. So, we are concerned, but we don’t want to make any determination before we meet with Salga’s remuneration committee.

The concerns we have had about Misa, it being a new entity, are being addressed by the department. We are quite happy with the appointment of the new chief executive officer. We think that the chief executive officer has the necessary competencies to attend to all the teething problems Misa has experienced. In this regard, as the ANC, we would like to move that we adopt this report. Thank you very much. [Applause.]

Motion agreed to.

Report accordingly adopted.

The House adjourned at 17:49.

__________

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

ANNOUNCEMENTS

National Assembly

The Speaker

Invitation to nominate candidates to serve on National Agricultural Marketing Council

A letter dated 29 October 2015 has been received from the Minister of Agriculture, Forestry and Fisheries, inviting the relevant parliamentary committees in terms of section 4(4)(a) of the Marketing of Agricultural Products Act, 1996 (No 47 of 1996) to nominate candidates with practical knowledge and experience in the areas identified in section 4(2) of the Act to serve on the National Agricultural Marketing Council.

Referred to the Portfolio Committee on Agriculture, Forestry and Fisheries for consideration.

TABLINGS

National Assembly and National Council of Provinces

1. The Minister of Public Works

Report and Financial Statements of the Engineering Council of South Africa (ECSA) for 2014-15, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2014-15.

COMMITTEE REPORTS

National Assembly and National Council of Provinces

Please see pages 5167 – 5168 of the ATCs.

National Assembly

Please see pages 5168– 5259 of the ATCs.

Audio

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Bills

B20-2015 - Criminal Matters Amendment Bill

Hansard: NA: Unrevised hansard

House: National Assembly

Date of Meeting: 29 Oct 2015

Summary

Minutes

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