Hansard: NA: Unrevised hansard
House: National Assembly
Date of Meeting: 30 Jul 2015
Summary
No summary available.
Minutes
THURSDAY, 30 JULY 2015
____
PROCEEDINGS OF THE NATIONAL ASSEMBLY
____
The House met at 14:00
The Deputy Speaker took the Chair and requested members to observe a moment of silence for prayer or meditation
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
New members
(Announcement)
The DEPUTY SPEAKER: Hon members, we will remedy the bowing next time. Before we proceed with today’s business, I wish to announce that the vacancies which occurred in the National Assembly due to the resignations of Ms S P Boshielo and Mr L D Twala have been filled by the nomination of Ms B j Maluleke with effect from 23 June 2015 and Mr S P Mhlongo with effect from 17 July 2015 respectively.
OATH
The members have made and subscribed an oath and affirmation in the Speaker’s office.
The CHIEF WHIP OF THE MAJORITY PARTY moved: That the House, notwithstanding Rule 29 which provides for the sequence of proceedings, take notices of motion and motions without notice after Orders of the Day.
Agreed to.
ALLIANCE SUMMIT
(Member’s Statement)
Mr A J WILLIAMS (ANC): Deputy Speaker, the ANC commends the unity displayed by the tripartite alliance partners at the summit that was recently held. The summit which was attended by all the national leaders of the alliance representing the ANC, Cosatu, the South African Communist Party and Sanco deliberated on matters of mutual interest.
Among its resolutions, the summit agreed that the alliance remains a critical force to ensure that the goals of the Freedom Charter, the National Development Plan, NDP, and the overall objectives of the National Democratic Revolution, NDR, are achieved. The summit acknowledges the significant progress made in the past 21 years, but admitted that there is still more to be done. It was also resolved that each alliance partner, having identified the challenges, will work out its specific responsibilities and that these will be reported to the alliance political council.
The alliance endorsed that the resolutions of the summit be taken forward in the series of national alliance-led provincial and regional meetings with organizational structures. The alliance partners were all united in defending the unity of Cosatu, informed by the principle of one union, one industry, one federation, one country. Thank you. [Applause.]
LACK OF SERVICES IN LINDELANI
(Member’s Statement)
MOETELEDIPELE WA LEKOKOKGANETSO (DA): Motlatsamodulasetilo, bagaetsho, Maaforikaborwa, ke a dumedisa. Fa ke lebile, mo kgweding e e fetileng, ke ile ka etela baagi ba kwa Lindelani, kwa Ekurhuleni. Baagi ba, ba lebetswe ke Lekoko la ANC. (Translation of Setswana paragraph follows.)
[The LEADER OF THE OPPOSITION (DA): Deputy Chairperson, my fellow people, South Africans, I greet you all. Last month, I visited the Lindelani community in Ekurhuleni. This is the community that the ANC has forgotten all about.]
Earlier this month I visited a community of Lindelani in Ekurhuleni; a community that has been forgotten by the ANC. In 1999, the residents living in the industrial area of Benoni were forcibly moved to Lindelani by the ANC government. Sixteen years later, the community of now over 5 000 households is still suffering without basic services such as electricity lighting, water and sanitation.
These are not luxuries, but most basic requirements of a dignified life. It is in fact an insult to those who live in Lindelani that members of the ANC attempt to justify why a swimming pool and security is necessary for the President while thousands of residents in Lindelani go on suffering from unemployment, crime and the inhumane living conditions.
The DA’s vision of 2029 works towards building better communities and the country based on the values of freedom, fairness and opportunity. As the members of this House, we have an obligation to fight for the more equitable society.
Ka jalo bagaetsho, ... [In this instance my fellow people, ...]
... the residents of Lindelani deserve more than the broken promises of a better life for all, which in fact means for some. They deserve a government that can provide access to the rights guaranteed by our Constitution and economic opportunities to improve their lives. [Time expired.] Thank you. [Applause.]
PAYMENT UNEQUAL – DURBAN PORT AUTHORITIES
(Member’s Statement)
Mr N F SHIVAMVU (EFF): Deputy Speaker, the EFF is disturbed by companies that are subcontracted by Transnet to provide labour services in the container and cast terminal of the Durban Port Terminal, while gain labour activities and practices that are illegal, unconstitutional, unethical and unjustifiable. They must not be acceptable by Transnet and the whole country.
The majority of workers employed by the subcontracted companies such as eThekwini Marine, Capacity, Great Storm, DP World, Ulwandle and others are forced to work for 16 hours per day; only to be paid between R16 and R18 per hour. These companies continue to pay workers salaries ranging from R2 500 to the maximum of R4 000 per month, while workers are performing the same tasks and duties who are employed directly by Transnet are paid a basic salary in excess of R10 000 per month and work only eight hours per day. Workers do not have legally binding contracts but they are called as and when required, and this has been the case for more than 12 months.
Furthermore, workers are not protected from occupational injuries and this was evident on workers who were injured at work. They were not paid the necessary occupational injuries on duty compensation. The situation is particularly concerning because the workers have tried to bring these circumstances to Transnet Port Terminals, TPT, and the Durban Port Terminal management and have not been given a the necessary attention. We have written a Minister of Labour and Public Enterprises to attend this situation as a matter of urgency. [Time expired.] [Applause.]
EMBARGO ON NUCLEAR PROGRAM OF IRAN
(Member’s Statement)
Ms D MANANA (ANC): The ANC applauds the deal reached by Iran and seeks the world powers, China, the United States, France, Britain, Russia and Germany, which stipulates to lift a 13-year sanction embargo on Tehran, in exchange for limiting its nuclear programme. The agreement is the fruit of 21 months of negotiations; the comprehensive agreement was cleansed after more than two weeks of tough bargaining in the Austrian capital. The ANC believed that the deal is a victory of diplomacy and dialogue. South Africa has always spoken out against the language of threats and cohesion, including the unilateral sanction that has been unfairly and unjustly imposed on Iran.
Moreover, the ANC welcomes the lifting of sanctions against Iran and further reiterate its support for Iran's inalienable right to use nuclear energy for peaceful purposes. The ANC is looking forward to the resumption of normal bilateral economic and trade rations with Iran once the sanctions have been lifted, as that will lead to the resumption of trade relations between us and Iran. This historic agreement is testament to the success of a negotiated and diplomatic solution, to which South Africa had steadfastly and continuously lent its full support. Thank you.
CANNED LION HUNTING
(Member’s Statement)
Mr N SINGH (IFP): Deputy Speaker, the atrocity that is the practice of canned lion hunting took centre stage recently at the Durban film festival when the documentary Blood Lions premiered on 22 July. It is safe to say that this barbaric practice and throwback from the days of colonialism is nothing but an abhorrent relic from an evil past. It is high time that South Africa stands up and says that its wildlife is no longer for sale to the highest international bidder.
This practice continues unabated at home in South Africa and in most of our fellow neighbouring states as well. International news recently reported on the killing of an icon of Zimbabwian wildlife, Cecil the lion, who was bated, wounded by a hunter’s bow, tracked and then shot dead 40 hours later by an American tourist, Walter Palmer, who allegedly paid £35 000, which is almost R700 000, for the opportunity and privilege of killing Cecil and attempting to have his head mounted on a wall at his home in the United States. Canned lion hunting is a disgrace.
Why should the very few hunting operators be enriched at the expense of the many who will now never be able to see a Cecil the lion proudly wandering our vast African expanses? We must protect and conserve our wildlife. This is a duty and sacred trust. Our lions are apex predators, the pride of African wildlife, they’re worth nothing less. [Time expired.] We salute the Minister of Tourism for featuring the documentary Blood Lions. Thank you.
PRASA TENDER AND DEATH THREATS TO CHAIRPERSON
(Member’s Statement)
Mr M L SHELEMBE (NFP): Hon Deputy Speaker and hon members, the NFP has noted with dismay the recent revelations relating to Passenger Rail Agency of South Africa, Prasa. Most notable are the death threats to the chairperson of the Prasa Board, Dr Popo Molefe, and the recent dismissal of Prasa chief executive officer, Mr Lucky Montana.
These death threats and dismissals and the circumstances surrounding them should be cause for great concern to all South Africans. We need to ask serious questions about the intentions and motives behind these occurrences. The NFP is of the opinion that these shenanigans are ultimately aimed at gaining control of Prasa’s purse with dire consequences for transparency and accountability in this state entity.
We also find it shocking that Prasa’s head of engineering services, Mr Daniel Mthimkhulu, had been appointed without his qualifications being verified. How is it possible that such gross administrative incompetence has no repercussions? The NFP calls for a full inquiry into the appointment processes followed by Prasa and for stringent disciplinary action to be taken against those in administration who had failed to verify Mthimkhulu’s qualifications. We state it boldly that the rot which has been exposed in Prasa, its operations and administration is symptomatic of the incompetence of the ANC’s government. I thank you.
EFF-LED SRC SOLICITING BRIBES AT VUT
(Member’s Statement)
Mr B T BONGO (ANC): Deputy Speaker, the ANC is not surprised by the revelation that the EFF-led Student Representative Council, SRC, at the Vaal University of Technology is soliciting bribes for services rendered in return of tenders. We would therefore like to call upon the council and the management of that institution as well as the police to investigate these serious allegations and take the appropriate action against those who are implicated in this act of criminality.
Students at that university have claimed that their SRC President and some members of the EFF have solicited bribes from a potential service provider to the value of R300 000. This claim has been confirmed by the local service provider, who has stated that the EFF SRC has promised to ensure that he receives a contract related to student accommodation in return for the R300 000 bribe. Some of the students have also alleged that recordings in which EFF members threatened the service provider do exist.
As proof that the EFF stands for corruption, they have now suspended the SRC secretary at that institution and also suspended those who are opposed to corruption. We wish to remind the EFF that institutions of higher learning are not platforms for looting and corruption. The responsibility of the SRC is to represent students’ interests and not the selfish and greedy interests of student leaders. We call upon ... [Time expired.] [Applause.]
Ms H O MAXON: Deputy Speaker, I rise on a point of order.
The DEPUTY SPEAKER: Yes, Madam. Order, order please!
Ms H O MAXON: Under Rule 17 ... [Interjections.] Hey, you shut up. I’m not talking to you. You Mugabe, nxa!
The DEPUTY SPEAKER: Hon Maxon, you can’t do that.
Ms H O MAXON: No, but she’s telling me ... [Interjections.]
The DEPUTY SPEAKER: No, no, you mustn’t do that. We have to deal with that matter and you are preventing us from doing so.
Ms H O MAXON: Ah, but Speaker, she must shut up as well. Deputy Speaker, I rise on a point of order: Mkhwenyana [son-in-law], the one who was making a member’s statement, must familiarise himself with student politics, because what he is saying is propaganda from the SA Students Congress, Sasco, at Vaal University of Technology, VUT.
The DEPUTY SPEAKER: Hon member, that’s not a point of order. You are out of order.
Mr N F SHIVAMBU: Deputy Speaker, on a point of order.
The DEPUTY SPEAKER: What is your point of order?
Mr N F SHIVAMBU: In terms of member’s statements, Ministers have a responsibility to respond. Here is a person who did not make a substantive motion but levelled allegations against the EFF. We demand the right to respond and dismiss those lies that the ANC is spreading at VUT. We defeated them 100% there and they go around spreading lies that we are committing corruption. We must be given the opportunity to respond.
The DEPUTY SPEAKER: Hon Shivambu, that’s not a point of order, you are politically disagreeing.
Mr N F SHIVAMBU: If a person wants to make an allegation it must be in a substantive motion. It can’t just be a statement. That’s what the Rule says.
The DEPUTY SPEAKER: Hon member, please realise that what you are saying is not a point of order.
Mr B T BONGO: I have not finished, hon Deputy Speaker. We call upon all students in South Africa not to vote for fly-by-night parties whose birth is inspired by anger ... [Time expired.]
Mr N F SHIVAMBU: Hon Deputy Speaker.
The DEPUTY SPEAKER: Hon member, your time has expired. Hon members, please. Order!
Mr N F SHIVAMBU: Deputy Speaker, the Rules say that if a person makes an allegation, it must be through a substantive motion.
The DEPUTY SPEAKER: Against individuals in the House.
Mr N F SHIVAMBU: Hon member, the mkhwenyana there stood up and made lots of allegations against the EFF, a party which is represented here – lies pure lies. That is not a sustantive motion. Can we clarify that there’s no such thing? It’s just the wounded Sasco and ANC spreading lies at VUT.
UCT SRC DECISION
(Member’s Statement)
Mrs C DUDLEY (ACDP): Deputy Speaker, the ACDP regrets recent shocking and intolerance levelled at University of Cape Town, UCT, student Zizipho Pae. We welcome the response of the Vice Chancellor of the UCT. The following words are Zizipho’s:
I am pleased to report that the Vice Chancellor of the UCT has responded to my letter informing him that I do not accept the SRC’s unconstitutional and irregular decision to expel me from the SRC and requesting him to review the SRC’s decision and set it aside. The Vice Chancellor states that he has requested the decision and basis for the decision from the SRC and will obtain expert advice. He also states that the university has dismissed the UCT Queer Revolution’s complaint against me regarding my Facebook post that we are institutionalising and normalising sin. May God have mercy on us!
He concludes by saying that he is appalled by the reaction of many, including members of the university, in particular to the invasion and vandalisation of his office, harassment and intimidatory tactics. He is currently in the process of identifying the members who have conducted themselves criminally and breached the university’s student code and SRC’s standing rules and orders. He will also press charges to ensure his physical safety and to protect his rights. The ACDP leader, Revered Kenneth Meshoe, will be speaking further on this issue at the first available opportunity. Thank you.
ANC WINS SEVEN WARDS IN BY-ELECTIONS
(Member’s Statement)
Ms D RAPHUTHI (ANC): The ANC welcomes the results of the recent by-elections which were held on Wednesday, 22 July 2015, and contested in five provinces, namely the Western Cape, Eastern Cape, Limpopo, North-West and KwaZulu-Natal. Out of the 10 wards contested, the ANC won seven. [Applause.]
It also managed to rescue a ward from the DA in Matzikama, Vredendal, Western Cape. [Interjections.] The results clearly indicate that the people continue to have trust in the ANC ... [Interjections.] ...
The DEPUTY SPEAKER: Order! Order, hon members! Please listen.
Ms D RAPHUTHI: ... and they are confident that only the ANC is mostly suitable to lead and work together with them towards a prosperous South Africa.
The ANC therefore wishes to thank the people of our country and the specific communities for demonstrating faith in the ANC and resoundingly reaffirming it as a true leader of society.
The ANC calls on local government structures to continue with their commitment of putting people first and accelerating service delivery through the going-back-to-basics programme.
The ANC is committed together with the people to build better communities. I thank you. [Applause.] [Time expired.]
Mr M Q NDLOZI: Deputy Speaker ...
The DEPUTY SPEAKER: Yes?
Mr M Q NDLOZI: I wanted to check if it is parliamentary for the hon Blade Nzimande to give multiple bad looks to hon Floyd Shivhambu. Is it parliamentary for him to keep looking at us that we feel intimidated? Because we have been wondering, where has been in the struggle. [Laughter.]
DEPUTY SPEAKER: Hon Ndlozi, it is unparliamentary to abuse the Rules of the House, as you are doing now. [Interjections.].
Mr M Q NDLOZI: I thought you could protect me from his looks, hon Speaker, you know, just his looks, hon Deputy Speaker. [Laughter.]
JOBS CRISIS IN SOUTH AFRICA
(Member’s Statement)
Mr D J MAYNIER (DA): Speaker, we have to face the fact that there is full blown jobs crisis in South Africa. The number of people who are unemployed increased by 321 000 from 4,9 million to 5,2 million in the first six months of 2015. That excludes the 2,4 million people who wanted a job but who had given up looking for a job. We cannot sit back and do nothing when 7,6 million people cannot find jobs and live without dignity, independence and freedom in South Africa.
We also have to face the fact that we are in this situation largely because of government’s disastrous economic policies [Interjections.] which are killing investment, killing growth and killing jobs in South Africa. And that is nowhere better illustrated than the ANC’s secretary-general, Gwede Mantashe’s statements in response to the jobs crisis, which is to accuse the private sector of being – you guessed it - unpatriotic. That is rich coming from a man who has brought us water-shedding, load-shedding and now job-shedding.
That is why more and more people who do not have jobs are now realising that you can have jobs or you can have the ANC government, but you cannot have both. That is the truth and that is why we a jobs crisis in South Africa. [Applause.] [Time expired.]
ANC SALUTES EKHURULENI FOR IMPROVING ACCESS TO HEALTH CARE FACILITIES
(Member’s Statement)
Mr E KEKANA (ANC): Deputy Speaker, the ANC commends the Ekurhuleni Municipality for opening two fully fledged modern clinics, Tswelopele Clinic in Vosloorus and the Palm Ridge Clinic near Alberton. These clinics will help alleviate overcrowding and improve primary health care in the East Rand.
Within just a week after opening, the new Tswelopele Clinic has treated over 670 patients, while the one–month-old Palm Ridge Clinic has attended to over 6 000 patients.
The ANC is also pleased by the Ekurhuleni Municipality’ s commitment to further construct eight more clinics to continue enhancing resident's primary health care facilities.
These clinics include Motsamai Clinic in Katlehong, Villa Lisa Clinic in Vosloorus, Dukathole Clinic in Germiston, Khumalo Clinic in Katlehong, Tsietsi Clinic in Katlehong, Crystal Park Clinic in Benoni, Selope Thema in Kwa-Thema and Esangweni Clinic in Tembisa.
This initiative has confirmed the ANC as an organisation that is truly delivering on its electoral mandate and its commitment to introduce a patient-centred approach in the delivery of health services by aggressively reducing the time patients have to wait to receive services and medication. I thank you
HIGH LEVEL OF UNEMPLOYMENT OF YOUNG PEOPLE IN SOUTH AFRICA
(Member’s Statement)
Mr M A PLOUAMMA (Agang SA): Deputy Speaker, the high rate of unemployment, particularly among young people, is of serious concern. We call on government, trade unions, civil society and the private sector to find solutions to this monumental problem as soon as possible.
This high level of unemployment diminish es the self-respect of our young people. We must work on restoring our young people’s hopes and make sure that they do get employment and become productive. Without them being part of contributing to our economy, this country has no future. I thank you.
MAYOR OF CAPE TOWN PUSHING CLIFTON BEACH DEVELOPMENT FOR ENRICHMENT OF FRIENDS
(Member’s Statement)
Ms M MATSHOBA (ANC): The ANC would like to condemn in the strongest possible terms the conduct of the Mayor of Cape Town and DA leader in the Western Cape, Ms Patricia de Lille. According to recent media reports, Patricia de Lille is driving a clearly corrupt campaign to put the management of a project to develop public space on the scenic Clifton coastline in the hands of her close friends and associates.
The mayor of Cape Town is apparently going against the advice of officials in the City of Cape Town and the ratepayers’ association of Clifton, who have warned her about the potential conflict of interest that would arise by involving her friends and associates in this project.
The people concerned are De Lille’s social friends whom she visits and wines and dines with on a regular basis during her visits to their palatial homes in the affluent Camps Bay.
We say shame on you Patricia de Lille and the DA. Once again you have revealed yourself to be a hypocrite ... [Laughter.] ... who claims to be fighting against corruption and malpractices in the public sector while at the same time committing it for the benefit of your friends. I thank you.
SECTORS OF THE MINING INDUSTRY IN PERIL
(Member’s Statement)
Mr J R B LORIMER (DA): Deputy Speaker, sectors of the mining industry are circling the drain. If government refuses to act, it will have to take responsibility for those sectors disappearing. That will dramatically worsen the lives of millions South Africans.
Still, Gwede Mantashe has the gall to call on mines to review the retrenchment plans. Where was he when the mines warned that government policies would lead to a weaker industry and job loses? At that time, the ANC said, that is just white monopoly capital talking. Now, what has come to pass is exactly what the mining companies predicted, and the ANC is trying to blame the mines because jobs are being lost.
There are three steps the ANC could take immediately that would restore some confidence in the mining industry. The ANC needs to reassure people that they will back away from their ideologically driven economically suicidal plans. Firstly, agree to the principle of once empowered, always empowered. Secondly, withdraw the, Mineral and Petroleum Resources Development Act, pending a rewrite that will recognise the need for mines to be financially sustainable within a framework of legislative certainty. Thirdly, declare an intention not to raise the 26% BEE ownership level.
The ANC must stop putting its own mad ideological dreams before the livelihoods of South Africans. [Interjections.]
THE RE-OPENING OF CUBAN AND AMERICAN EMBASSIES
(Member’s Statement)
Ms T E KENYE (ANC): The ANC welcomes the re-establishment of diplomatic relations between the governments of Cuba and the United States of America, through the re-opening of embassies in their respective countries. This signals a historic step forward, and a great achievement after 54 years of enmity and isolation of the two neighbouring countries.
The ANC therefore commends both President Barack Obama and President Raul Castro for taking bold steps to build trust and goodwill between their two countries.
We view this initiative as an important step towards the total normalisation of relations between the US and Cuba.
We trust that these developments will culminate in the removal of the economic blockade which took its toll on the quality of life of the Cuban citizens, so that Cuba can pursue its own chosen path of developing its economy without interference from any country.
The ANC commends the commitment of its government and the progressive peoples of the world for standing in solidarity with the people of Cuba and the successful call and campaign for the release of the Cuban 5.
Furthermore, the ANC once again appeals to its government and the progressive people of the world to go the extra mile in solidarity with the Cuban people by calling for the US Congress to demonstrate commitment to the normalisation of relationships between these two countries, by ensuring that this important historic step decisively leads to the total lifting of the USA economic embargo of Cuba that has throttled the Cuban economy for many decades. I thank you. [Time expired.]
ACCUSATIONS OF CORRUPTION AGAINST EFF-LED STUDENT REPRESENTATIVE COUNCIL AT VAAL UNIVERSITY OF TECHNOLOGY
(Minister’s Response)
The MINISTER OF HIGHER EDUCATION: Deputy Speaker, I rise to agree strongly with hon Bongo that institutions of higher education, just like the rest of society, must be no-go areas for tenderpreneurs.
Some of the steps that we are taking to try and curb this kind of problem are, for instance, to ban students and student representative councils, SRCs, from sitting on tender committees in our higher education institutions ... [Applause.] ... and also to ensure that money in the hands of student representative councils is, indeed, used in the manner in which it is supposed to be used.
As Minister, I am very concerned about this allegation by the EFF – involving the EFF-led SRC at the Vaal University of Technology. I wish to say that, from my side, I will also make sure that the university gets to the bottom of it and actually investigates this matter. Thank you very much. [Applause.]
CANNED LION HUNTING
(Minister’s Response)
The MINISTER OF ENVIRONMENTAL AFFAIRS: Deputy Speaker, I rise to respond to the hon member from the IFP who had raised the issue of canned lion hunting.
Let me start by indicating that section 24(b)(iii) of our Constitution refers to the need for South Africa to—
... secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.
Having said that, I also want to indicate that South Africa has over a long time, many years, developed a very good track record in terms of conservation. We are among the best in the world. It is for that reason that in the wild today we have around 3 000 African lions. Those lions that are bred in captivity number roughly 6 000. South Africa has a policy, a law actually, the National Environmental Management: Biodiversity Act, which is followed by the Threatened or Protected Species Regulations. Regulation 26, and I have said it here before in this House, actually prohibits any form of hunting that is cruel, and we are on record saying there should be no tranquilisation. The regulations contain a list of things that are not to be done. Nobody has to hunt in that manner.
I have been on record, as I am today, that anybody in South Africa who is aware of anybody who is hunting under these conditions must refer that person to us. We will be onto that person. We are amending the regulations to ensure the time period between breeding and release is not as short as it is now. Thank you. [Time expired.] [Applause.]
UNEMPLOYMENT CRISIS IN SOUTH AFRICA
(Minister’s Response)
The MINISTER OF RURAL DEVELOPMENT AND LAND REFORM: Deputy Speaker, I just want to correct the hon member from the DA who spoke about employment.
The Quarterly Labour Force Survey of June 2015 contains the following figures. The total employment figure of 15,7 million is 197 000 higher than the first quarter of 2015. That is an increase of 1,3% and 563 000 higher than a year ago, which is an increase of 3,7%. Secondly, the unemployment rate dropped to 25% in the second quarter of 2015 ... [Interjections.] ... from 26,4% in the previous quarter. Thirdly, the number of unemployed workers fell by 305 000 from the last quarter to 5,2 million.
These are the facts. The hon member was misleading South Africa. [Interjections.] Things are very tough. We understand, and we acknowledge this. [Interjections.] Things are very tough in our economy and also in the global context. It is not unique to South Africa. [Interjections.] Therefore, when we talk about these facts, before we throw in politics like the hon member is doing, as South Africans, we must ask what the facts are so that South Africans can understand the truth behind the tough times we are experiencing as a country. Thank you very much. [Applause.]
HEADING
(Minister’s Response)
UNGQONGQOSHE WEZABASEBENZI: Sekela Somlomo, ngiyafisa ukusho kumhlonishwa uShivambu ukuthi ngizoyilindela incwadi evela kuyena. Into-ke kodwa obekufanele ayenze ukuthi aluleke abasebenzi ngokoMthetho weZabasebenzi kanye nangokoMthetho wokuQasha ngokuLingana abatshele ukuthi sinesikhungo esibizwa ngokuthi yiKhomishana yokuBuyisana, ukuXazulula noKwahlulela, i-CCMA. Kwakumele bayazise ngokushesha ngezikhalazo zabo ikakhulukazi uma kuza odabeni lokuthi bakhokhelwa imali engaphansi kweyabanye abasebenzi kodwa bebe benza umsebenzi ofanayo. Mhlawumbe kuyofanela ukuthi sibe nethuba lokuthi sibheke ukuthi izichibiyelo zibavuma kanjani abasebenzi. Kodwa-ke ngenkathi ngisalinde incwadi, ngiyocela ukuthi atshele abasebenzi ukuthi baphuthume e-CCMA ukuze udaba lwabo luthathelwe phezulu. Ngiyabonga. (Translation of isiZulu praragraph follows.)
[The MINISTER of LABOUR: Deputy Speaker, I would like to state to the hon Shivambu that I will do a follow up with regard to a letter from him. What he was supposed to do though was to advise workers about the Labour Law and the Employment Equity Act, tell them that we have an institution called the Commission for Conciliation, Mediation and Arbitration, the CCMA. They were supposed to report their complaints as soon as possible especially when it comes to an issue of being paid lesser amount from others whilst doing the same work. Perhaps we should make time to consider how the amendments favour the workers. In the meantime, whilst waiting for the letter, I would ask them to please hurry to the CCMA so that their matter can be attended to as soon as possible. Thank you.]
JOB LOSSES IN MINING SECTOR
(Minister’s Response)
The MINISTER OF MINERAL RESOURCES: Deputy Speaker, we should not celebrate job losses in our economy. These losses are occasioned by the global environment, particularly when it comes to mining ... [Interjections.] ... where you have had the collapse of mineral prices across the globe. So, it is not only here. It is happening across the globe. [Interjections.]
We are urging the mining houses, as they consider steps to retrench workers, to follow section 52 of the Minerals and Petroleum Resources Development Act. It is important in the sense that that particular section allows for consultation and inclusive involvement of all stakeholders. So, we definitely appeal for that section’s provisions to be the route that is followed as the retrenchment route is being chosen.
Secondly, we are in dialogue with our stakeholders. There are no broken bridges so, together with my department, I will continue to engage all industry stakeholders with the view of ascertaining what each one can bring to the table in order to mitigate the harsh, prevailing economic conditions that we are faced with currently. Thank you, Deputy Speaker.
CONSIDERATION OF FIRST REPORT OF RULES COMMITTEE OF NATIONAL ASSEMBLY, 2015
Mr M R MDAKANE: Hon Deputy Speaker, hon Ministers, hon Deputy Ministers, hon members, my intention was to talk about the report but I am advised that I must leave the report as it is for Hansard purposes. Hon members, if I take some of your time, you will bear with me. The Rules Committee of the National Assembly, having considered the proposals of the amendment of the Rules of the National Assembly, recommends the following amendments to the Rules. In section 1, the definition of the Parliamentary Protection Services should be amended to mean any employee authorised by Parliament to perform security and protection services within the precincts of Parliament, and includes all parliamentary staff members employed, appointed, assigned, delegated or contracted by Parliament to perform security and protection functions within the precincts of Parliament.
The new Rule which will be inserted is Rule 53(a) which deals with the removal of a member from the Chamber. Subrule 1 states that if a member refuses to leave the Chamber when ordered to do so by the presiding officer in terms of Rule 51, the presiding officer must instruct the Serjeant-at-Arms to remove the member from the Chamber and the precincts of Parliament forthwith. Subrule 2 states that if the Serjeant-at-Arms is unable in person to effect the removal of the member, the presiding officer may call upon the Parliamentary Protection Services to assist in removing the member from the Chamber and the precincts of Parliament.
Subrule 3 states that a member who is removed from the Chamber in terms of subrule (2), is thereby immediately automatically suspended for a period applicable as provided for in Rule 54, and may not enter the precincts for the duration of the suspension. Subrule 4 states that if a member resists attempts to be removed from the Chamber in terms of subrules (1) or (2), the Serjeant-at-Arms and the Parliamentary Protection Services may use such force as may be reasonably necessary to overcome any resistance.
Subrule 5 states that no member may, in any manner whatsoever, physically intervene in, prevent, obstruct or hinder the removal of a member from the Chamber in terms of these Rules. Subrule 6 states that any member or members who contravene subrule (5) may, on the instruction of the presiding officer, also be summarily removed from the Chamber and the precincts of Parliament forthwith. Subrule 7 states that if proceedings are suspended for the purposes of removing a member or members, all other members must remain seated or resume their seats, unless otherwise directed by the presiding officer.
Subrule 8 states that when entering the Chamber on the instruction of the presiding officer: Members of the Parliamentary Protection Services may not be armed; and members of the security services may not be armed, except in extraordinary circumstances in terms of the Security Policy. The Security Policy of Parliament is exists and was accepted by Parliament.
Subrule 9 states that a member who has been removed from the Chamber will be escorted off the precincts by Parliamentary Protection Services personnel and will not be allowed to enter the House or precincts of Parliament as the Rules prescribe. Subrule 10 states that if a member offers resistance to being removed from the precincts, members of the security services may be called upon to assist with such removal. Subrule 11 states that in the event of violence, or a reasonable prospect of violence or serious disruption ensuing in the Chamber as a result of a member resisting removal, the presiding officer may suspend proceedings, and members of the security services may be called upon by the presiding officer to assist with the removal of such member from the Chamber and the precincts of Parliament forthwith in terms of section 4(1) of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act No 4 of 2004, or may intervene directly anywhere in the precincts in terms of section 4(2) of the Act when there is immediate danger to the life or safety of any person or damage to any property.
Subrule 12 states that whenever a member is physically removed from the Chamber in terms of this Rule, the circumstances of such removal must be referred by the Speaker, within 24 hours, to a multi-party committee for consideration. Subrule 13 states that the House may approve Standard Operating Procedures, recommended by the Rules Committee, for the exercise of this function, in particular in relation to the use of the Parliamentary Protection Services and members of the security services for this purpose.
The following are Standard Operating Procedures when a member refuses to leave the Chamber: Firstly, if a member refuses to leave the Chamber, the presiding officer asks the Serjeant-at-Arms to remove the member from the Chamber. Secondly, the Serjeant-at-Arms approaches the member to explain in a respectful manner that the instruction of the presiding officer must be complied with and that failure to do so can constitute a grave offence and have serious implications, including that the member may need to be physically removed from the Chamber. Thirdly, if a member still refuses to leave, the Serjeant-at-Arms indicates to the presiding officer that the member refuses to comply, whereupon the presiding officer informs the House that the Parliamentary Protection Services are to be called upon to assist. Fourthly, the Parliamentary Protection Services personnel enter the Chamber upon the instruction of the presiding officer, and proceed to remove the member or members concerned under the direction of the Serjeant-at-Arms. Lastly, members of the public in the gallery who participate in disorderly conduct will be removed by the security services.
Hon Deputy Speaker, we submit that this House should consider the report and approve it, if it feels necessary. Thank you very much. [Applause.]
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: I move that the report be adopted. [Interjections.]
The DEPUTY SPEAKER: Hon members, my attention has been drawn to the technical amendment that was supposed to be made here. This is what the Table is referring to. They had it in their records [Interjections.] Okay, hon Deputy Chief Whip, do you have that now?
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: I move that the Report be adopted with the following amendment:
That the word “person” in the definition of Parliamentary Protection Services be deleted and replaced with the word “employee”.
Declarations of vote:
Mr N F SHIVAMBU: Hon Deputy Speaker, we stand here as the EFF to reject with contempt the proposed removal of Members of Parliament physically, for something that they say with their mouths. We do not have a problem if those who are physically threatening the security of other Members of Parliament or of the facilities here can be removed physically. But you cannot remove an elected Member of Parliament physically for something that they say with their mouth. So that is the nonsensical approach that we are being asked to adopt in this particular Parliament, and we cannot agree to that.
We also think that Rule 54 as it currently stand is unconstitutional. We told the Speaker, through our lawyers when she tried to suspend us through a procedure, that it can never be constitutional to arbitrarily suspend any member without having gone through a process. There is no law in South Africa that will ever allow an automatic suspension for whatever amount or extent of crime that you have committed.
The Deputy President Cyril Ramaphosa, the former Minister of Police Nathi Mthethwa are currently facing charges of murder [Interjections.] and conspiracy to commit murder for killing workers in Marikana, but they are sitting with us here. How on earth can we, as Parliament, pass a legislation which says that we must automatically suspend Members of Parliament for five, 10 or even 20 days? What kind of constitutional democracy are we embracing if we are just going to do that?
A sitting President here of the country is facing 700 charges of theft of public money. [Interjections.] And he is also facing charges of unduly benefitting in Nkandla ... [Interjections.] ... to enrich himself, but he is still the President of this country.
How on earth could we come here and approve legislation or some guidelines that allow a Speaker to arbitrarily suspend members for 10 days, depriving us of our right to come and speak on behalf of the deprived people of South Africa? Let us be reasonable and sensible. Let us respect the Constitution by rejecting the proposals that have been given by the representative of the SA National Civic Organisation, Sanco, who came here to speak. We need to take ourselves seriously.
I want to make members of this Parliament aware that even before this could be agreed upon, Parliament is already training 25 of those members of the SA Police Service, SAPS who came here to physically assault and remove members of the EFF. Already, human resources, HR, have been instructed to employ them against all odds, including the advice of the security services here in Parliament. Both the Head and Deputy Head of the Parliamentary Security Service of are not agreeing with this nonsense, but it is being implemented through the Section Manager of the Parliamentary Security Service, Deon Van der Spuy, without following proper procedures. We must reject the proposal as put here by the Rules committee. Thank you, very much. [Applause.]
The CHIEF WHIP OF THE OPPOSITION: Deputy Speaker, the foundation for today’s discussion and debate in this House on these rules has to begin where it started and that is with the Constitution. Section 57(1) of the Constitution says:
- the National Assembly may determine and control its internal arrangements, proceedings and procedures; and
- make rules and orders concerning its business with due regard to representatives in participatory democracy, accountability, transparency and public involvement.
This right of Parliament was upheld in the Constitutional Court judgment of Doctors for Life International v The Speaker of the National Assembly and Others in which the courts recognised the fact that Parliament has an important and very special role to play in our constitutional democracy. It said, in the doctors for life case, that it is a principal legislative organ of the state with due regard of that role it must be free to carry out its functions without interference. To this extent it has the power to determine and control its internal arrangements and proceedings. That is where we begin today.
Rules are transient. The Fifth Parliament is very different to the First and the Second Parliament and even the Third Parliament. And that is why we have the flexibility of Parliament to change the rules as and when situations arise. This is vested in the Rules committee and then obviously this House has the ability to change that.
We cannot have a situation where certain members of this House exercise their freedom of speech to the extent that it infringes on the other members of this House’s freedom of speech and their ability to perform the function which the millions of South Africans at home send us here to perform. This House cannot function if it simply becomes a Chamber where the party who shouts aloud and drowns out others prevails at the end of the day. That was never the intention that the framing founders of the Constitution envisaged with this Parliament. They wanted it to be a place where we could have a clash and exchange of ideas. If it simply becomes who outshouts the others the loudest it is a race to the bottom which will never see the jobs, the freedom, the fairness and opportunity which South Africans expect from us to be debated in this House.
It is for that reason that we support these rules. Two very important concessions made - and I want to thank all those who worked in the subcommittee from all parties - first of all, a multiparty oversight committee in which any party in this House can serve to ensure that there is oversight over these services. But more importantly and the bigger victory I think for Parliament is that the Parliamentary Protection Service cannot consist of members of the security service envisaged in Chapter 11 of the Constitution. [Applause.]
So, never again will members of the security services be here to remove members of this Chamber for things that they have said. We will have an independent Parliamentary Protection Service which is accountable to the Speaker and Parliament. And I think that is a good step forward. [Time expired.] [Applause.]
Mr N SINGH: Hon Deputy Speaker and hon members, we as the IFP have no problem in supporting the amendments as proposed in the Announcements, Tablings and Committee, ATC, Reports and the amendments as proposed by the hon Deputy Chief Whip which change the word of “persons” to “employees”. You see hon members and Deputy Speaker, extraordinary circumstances requires extraordinary measures. If we, as hon members of this Parliament, had been following and obeying the rules that we established for ourselves and that we have been following for the last many years, none of these measures that are being proposed today would have been necessary.
We are to blame for what has happened and we are now going to have to face the consequence of these standard procedures that will have to be invoked when ever there is transgression of the rules.
We are also pleased that there is a clear distinction between security services and Parliamentary Protection Service. There was a moment when there was going to be an interim definition of Parliamentary Protection Service to include the security services. And I am glad that all the members of the committee decided that, that clause be removed.
On the question of biasness - which came up quite a lot in our Rules committee meeting - I agree with the hon members of the EFF that when a presiding officer makes a particular ruling you can get red carded on a soccer field maybe for not even having committed an offense. But you have to leave the field at that moment in time and there are procedures to appeal. It has happened even in international football. [Applause.]
Therefore we would welcome the establishment, which hon Steenhuisen spoke about, of this multiparty committee sooner rather than later, which will sit with the Speaker and consider clause 55 - expression of regret. Because if a member is suspended you can still be reinstated even the next day if you express regret but I think it should be a joint decision.
In addition we need to urgently consider all the amendments that have been proposed by the Rules committee and the subRules committee of the Rules from Chapter 1 to Chapter 15. There is a process in place and I think all of us as caucus and as hon members need to apply our minds.
Lastly, nobody can take away the right of any hon member to say whatever he or she wants from this podium. The freedom of speech is enshrined in the Constitution. However, it comes with responsibility and if there is a ruling from the presiding officer we have to obey and respect the ruling, hence we will support these amendments and the proposed amendments. Thank you. [Applause.]
Declarations of vote:
Prof N M KHUBISA: Deputy Speaker, hon members, the national Parliament, as the highest legislative body in the land, derives its mandate from the Constitution. Section 57, particularly sections 1(a) and (b), provide that the NA may determine and control its internal arrangements, proceedings and procedures and make rules and orders concerning its business with due regard to representative and participatory democracy, accountability, transparency and public involvement. The Rules of Parliament take it’s cue from this section of the Constitution.
Debates of the Fifth Parliament have grabbed the attention of the public for a variety of reasons. Among these one can count robust and critical discourse, but, on the other hand, parliamentary debates are viewed as disorderly and not dealing with the substantive “bread and butter”, on service delivery matters that affect the people of South Africa on a daily basis.
It is sacrosanct that the decorum, integrity and dignity of the House be upheld and maintained. It is recorded that the NFP expressed displeasure at the concept of security services and their being summoned to come to the House or evict members of the House. The NFP is also on record calling for clarity on certain concepts, for instance the precincts of Parliament and how far we go with that.
We agreed as the Rules Committee that the report that is tabled here today should be followed by the process of looking into all 15 chapters of the Rules Book. Therefore, on these bases, Deputy Speaker, the NFP will support these rules. [Applause.]
Mrs C DUDLEY: Deputy Speaker, the ACDP will support the proposed amendment of the Rules of the NA. We commend the Rules Committee and in particular the subcommittee on a job well done in the face of very real challenges. One of the obstacles to finding agreement was a difference of opinion regarding the use of either the SAPS or private security for an interim period of six months, while a capable parliamentary protection service is adequately trained.
The ACDP has not been in favour of private security services being used, but considering the court ruling and the sensitivities around the use of the SAPS, we have agreed to this interim arrangement on the understanding that any procurement services in this regard will be fully opened and transparent and considered by a multi-party committee. The credentials and track record of potential private security companies must be above reproach.
A member removed from the Chamber in terms of the rules is automatically immediately suspended and may not enter the precincts for the duration of the suspension. Claims that this is arbitrary are not valid, as the process is clearly spelled out in the rules; and when members choose to contravene the rules they know exactly what the agreed repercussions will be. Also, very importantly, when a member is physically removed from the Chamber, it will be referred by the Speaker within 24 hours to a multi-party committee for consideration.
The ACDP is satisfied that the amendments are necessary and have the potential to ensure that disruptions in the House are no longer accommodated. Thank you.
Mr N L S KWANKWA: Hon Deputy Speaker and hon members, recently I said that a race to the bottom is currently under way in our Parliament. I said we engage and deal with our nation’s challenges less according to national interest and the need to create a better life for all, and more according to cheap political point-scoring and vote-maximisation at all costs and mostly according to the primitive doctrine that might is right.
Even now, through these amendments, we are entrenching the culture that might be right, when we should instead be seeking a political solution to our differences. To solve our political problems we need to address the conditions that gave rise to them. We are not in favour of rules that are created for specific application, but general application.
However, we support these amendments, as they seek to restore Parliamentary order and decorum. As we do so, we once more caution that using administrative processes to solve political problems is problematic. One of the reasons why we support them is simply because all of us here, without exception, have a constitutional mandate to discharge and Parliament as an institution has the responsibility to create an environment that is conducive for all of us to perform our jobs.
The multi-party forum is indeed an important institution that will serve as an important constraint over the power of the presiding officers.
Siyayixhasa le nto kodwa ... [We support this thing, but ...]
... but we are saying we need to seek a political solution. Thank you very much.
Mr M BOOI: Deputy Speaker, what is important and what we should have learned in this process is, as one of the hon members have already indicated, the constitutionalism of the process and how we sustain the rules. Some of the things that we have become accustomed to dealing with are lies, dishonesty and misleading of the public.
The more you shout; the more difficult you are making it for the public to understand what is going on in the House. You continuously present the President of the country, Gedleyihlekisa, in a negative way by, for example, narrating/ coming up with stories, stating that he is currently facing 700 charges against him - that is misleading the public and it forms the basis for the chaos you want to create in the House so that the misleading can continue. Even the National Directorate of Public Prosecutors, NDPP, has not been able to verify to that. [Interjections.]
What we know about what we have put together and the unity that has been shown by different members, is that centrally to that option was our own rights here in the House, there is no member who is better than any other member in the House. We are equal in front of our Constitution; we are even equal in fron of God Himself. There is no way that we would allow any member who comes into the House to think that he is better than any other member.
It is our responsibility as members. We came here with different party mandates and we want to be continuously able to explain to the public that voted for us that this is what is going to happen. The more you shout at us, the more you howl at us and the more you mislead the public, distortion gets around with citizens. That is what is important and we will deal with that.
These rules are about that. They are about making sure that any Member of Parliament who makes it very difficult for us to be heard in the House must know that, when the Serjeant-at-arms approaches you and you resist from the Serjeant-at-arms, the sacrosanct approach that we have taken for this particular House is to allow the protection guard to come in. The protection guard will come in unarmed, but if you raise your hands against the protection guard, you must know that you will not be treated as a Member of Parliament. We will definitely call in the police, because we can no longer allow a situation where you are ... [Interjections.] ... they will come into the House, because they’ve got a constitutional mandate to look at an environment where crimes are being committed. [Interjections.]
If you are a member, you will behave as a member. When the Speaker speaks you will listen to the Speaker. When the Speaker says to you, “hon member, you are misbehaving, please leave the House”, you will have to listen. If ever you decide that you are above these particular arrangements, you are going to feel the wrath of the law. Thank you. [Time expired.] [Applause.]
Question put: That the motion moved by the Deputy Chief Whip of the Majority Party be agreed to
Division demanded.
The House divided.
AYES - 307: Abrahams, B L; Adams, F; Adams, P E; America, D; Atkinson, P G; Bagraim, M; Baker, T E; Balindlela, Z B N; Bam-Mugwanya, V; Bapela, K O; Basson, L J; Basson, J V; Bekwa, S D; Bergman, D; Beukman, F; Bhengu, P; Bhengu, F; Bhengu, N R; Bilankulu, N K; Bongo, B T; Booi, M S; Boroto, M G; Boshoff, H S; Brauteseth, T J; Brown, L; Capa, N; Cardo, M J; Carrim, Y I; Cassim, Y; Cele, M A; Cele, B H; Chance, R W T; Chikunga, L S; Chiloane, T D; Chueu, M P; Coleman, E M; Cronin, J P; Cwele, S C; Davies, R H; Davis, G R; De Freitas, M S F; De Kock, K; Didiza, A T; Dlakude, D E; Dlamini, B O; Dlamini-Dubazana, Z S; Dlodlo, A; Dlomo, B J; Dlulane, B N; Dreyer, A M; Dudley, C; Dunjwa, M L; Ebrahim, E S; Edwards, J; Esau, S; Esterhuizen, J A; Figg, M J; Figlan, A M; Filtane, M L W; Frolick, C T; Fubbs, J L; Gamede, D D; Gana, S M; Gcwabaza, N E; Gina, N; Grootboom, G A; Gumede, D M; Hadebe, T Z; Hanekom, D A; Hill-Lewis, G G; Hlengwa, M; Holomisa, S P; Hoosen, M H; Hunsinger, C H H; Jafta, S M; James, L V; James, W G; Johnson, M; Jonas, M H; Jongbloed, Z; Kalako, M U; Kekana, H B; Kekana, C D; Kekana, M D; Kekana, E; Kenye, T E; Khoarai, L P; Khosa, D H; Khoza, M B; Khoza, T Z M; Khubisa, N M; Khunou, N P; Kilian, J D; Kohler, D; Koornhof, G W; Kopane, S P; Kruger, H C C; Krumbock, G R; Kubayi, M T; Kwankwa, N L S; Landers, L T; Lees, R A; Lekota, M G P; Lesoma, R M M; Loliwe, F S; Lorimer, J R B; Lotriet, A; Lovemore, A T; Luyenge, Z; Mabasa, X; Mabe, P P; Mabija, L; Mabilo, S P; Mabudafhasi, T R; Mackay, G; Mackenzie, C; Macpherson, D W; Madella, A F; Maesela, P; Mafu, N N; Magadla, N W; Magadzi, D P; Magwanishe, G; Mahambehlala, T; Mahlalela, A F; Mahlangu, D G; Mahlangu, J L; Mahlobo, M D; Maila, M S A; Maimane, M A; Majeke, C N; Majola, T R; 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; Manamela, K B; Manana, M C; Manana, M N S; Manana, D P; Mandela, Z M D; Maphatsoe, E R K; Mapulane, M P; Marais, S J F; Marais, E J; Martins, B A D; Masango, M S A; Masango, S J; Masehela, E K M; Maseko, L M; Mashatile, S P; Mashego-Dlamini, K C; Mashile, B L; Masina, M C; Masondo, N A; Masuku, M B; Masutha, T M; Maswanganyi, M J; Mathale, C C; Mathebe, D H; Matlala, M H; Matsepe, C D; Matshoba, M O; Matsimbi, C; Mavunda, R T; Maynier, D J; Mazzone, N W A; Mbalula, F A; Mbhele, Z N; Mbinda, L R; Mc Gluwa, J J; Mchunu, S; Mcloughlin, A R; Mdakane, M R; Memela, T C; Mfeketo, N C; Mhlongo, T W; Mileham, K J; Mjobo, L N; Mkhize, H B; Mkongi, B M; Mmemezi, H M Z; Mmola, M P; Mmusi, S G; Mncwabe, S C; Mncwango, M A; Mnganga - Gcabashe, L A; Mnguni, P J; Mnguni, D; Mnisi, N A; Mogotsi, V P; Mokgalapa, S; Mokoto, N R; Molebatsi, M A; Molewa, B E E; Moloi- Moropa, J C; Morutoa, M R; Mosala, I; Mothapo, M R M; Motshekga, M S; Motsoaledi, P A; Mpontshane, A M; Mpumlwana, L K B; Msimang, C T; Mthethwa, E N; Mudau, A M; Muthambi, A F; Nchabeleng, M E; Ndabeni-Abrahams, S T; Ndongeni, N; Nel, A C; Nene, N M; Ngcobo, B T; Ngwenya-Mabila, P C; Nkadimeng, M F; Nkoana-Mashabane, M E; Nkomo, S J; Nkwinti, G E; Nobanda, G N; Ntombela, M L D; Ntshayisa, L M; Nxesi, T W; Nyalungu, R E; Nyambi, H V; Nzimande, B E; Oliphant, M N; Oliphant, G G; Ollis, I M; Oosthuizen, G C; Pandor, G N M; Patel, E; Peters, E D; Phaahla, M J; Phosa, Y N; Pikinini, I A; Pilane-Majake, M C C; Qikani, A D N; Rabotapi, M W; Radebe, G S; Radebe, B A; Radebe, J T; Ralegoma, S M; Ramatlakane, L; Ramatlhodi, N A; Ramokhoase, T R J E; Rantho, D Z; Raphuti, D D; Redelinghuys, M H; Robinson, D; Scheepers, M A; Schmidt, H C; Semenya, M R; September, C C; Shaik Emam, A M; Shelembe, M L; Shinn, M R; Sibande, M P; Singh, N; Sisulu, L N; Sithole, K P; Siwela, E K; Sizani, P S; Skosana, J J; Skwatsha, M; Smith, V G; Stander, T; Steenhuisen, J H; Steyn, A; Stubbe, D J; Surty, M E; Swart, S N; Tarabella Marchesi, N I; Terblanche, J F; Thomson, B; Tleane, S A; Tom, X S; Tseke, G K; Tseli, R M; Tshwete, P; 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 Dyk, V; Van Rooyen, D D D; Van Schalkwyk, S R; Volmink, H C; Vos, J; Walters, T C R; Waters, M; Whitfield, A G; Williams, A J; Wilson, E R; Xasa, T; Xego-Sovita, S T; Yengeni, L E; Zokwana, S; and Zulu, L D.
NOES - 16: Chewane, H; Dlamini, M M; Khawula, M S; Louw, E N; Matiase, N S; Matshobeni, A; Maxon, H O; Mente, N V; Mhlongo, S P; Morapela, K Z; Moteka, P G; Ndlozi, M Q; Ntobongwana, P; Paulsen, M N; Shivambu, N F; and Sonti, N P.
Question agreed to.
Report, as amended, accordingly adopted.
Question put.
Division demanded.
The House divided.
AYES - 307: Abrahams, B L; Adams, F; Adams, P E; America, D; Atkinson, P G; Bagraim, M; Baker, T E; Balindlela, Z B N; Bam-Mugwanya, V; Bapela, K O; Basson, L J; Basson, J V; Bekwa, S D; Bergman, D; Beukman, F; Bhengu, P; Bhengu, F; Bhengu, N R; Bilankulu, N K; Bongo, B T; Booi, M S; Boroto, M G; Boshoff, H S; Brauteseth, T J; Brown, L; Capa, N; Cardo, M J; Carrim, Y I; Cassim, Y; Cele, M A; Cele, B H; Chance, R W T; Chikunga, L S; Chiloane, T D; Chueu, M P; Coleman, E M; Cronin, J P; Cwele, S C; Davies, R H; Davis, G R; De Freitas, M S F; De Kock, K; Didiza, A T; Dlakude, D E; Dlamini, B O; Dlamini-Dubazana, Z S; Dlodlo, A; Dlomo, B J; Dlulane, B N; Dreyer, A M; Dudley, C; Dunjwa, M L; Ebrahim, E S; Edwards, J; Esau, S; Esterhuizen, J A; Figg, M J; Figlan, A M; Filtane, M L W; Frolick, C T; Fubbs, J L; Gamede, D D; Gana, S M; Gcwabaza, N E; Gina, N; Grootboom, G A; Gumede, D M; Hadebe, T Z; Hanekom, D A; Hill-Lewis, G G; Hlengwa, M; Holomisa, S P; Hoosen, M H; Hunsinger, C H H; Jafta, S M; James, L V; James, W G; Johnson, M; Jonas, M H; Jongbloed, Z; Kalako, M U; Kekana, H B; Kekana, C D; Kekana, M D; Kekana, E; Kenye, T E; Khoarai, L P; Khosa, D H; Khoza, M B; Khoza, T Z M; Khubisa, N M; Khunou, N P; Kilian, J D; Kohler, D; Koornhof, G W; Kopane, S P; Kruger, H C C; Krumbock, G R; Kubayi, M T; Kwankwa, N L S; Landers, L T; Lees, R A; Lekota, M G P; Lesoma, R M M; Loliwe, F S; Lorimer, J R B; Lotriet, A; Lovemore, A T; Luyenge, Z; Mabasa, X; Mabe, P P; Mabija, L; Mabilo, S P; Mabudafhasi, T R; Mackay, G; Mackenzie, C; Macpherson, D W; Madella, A F; Maesela, P; Mafu, N N; Magadla, N W; Magadzi, D P; Magwanishe, G; Mahambehlala, T; Mahlalela, A F; Mahlangu, D G; Mahlangu, J L; Mahlobo, M D; Maila, M S A; Maimane, M A; Majeke, C N; Majola, T R; 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; Manamela, K B; Manana, M C; Manana, M N S; Manana, D P; Mandela, Z M D; Maphatsoe, E R K; Mapulane, M P; Marais, S J F; Marais, E J; Martins, B A D; Masango, M S A; Masango, S J; Masehela, E K M; Maseko, L M; Mashatile, S P; Mashego-Dlamini, K C; Mashile, B L; Masina, M C; Masondo, N A; Masuku, M B; Masutha, T M; Maswanganyi, M J; Mathale, C C; Mathebe, D H; Matlala, M H; Matsepe, C D; Matshoba, M O; Matsimbi, C; Mavunda, R T; Maynier, D J; Mazzone, N W A; Mbalula, F A; Mbhele, Z N; Mbinda, L R; Mc Gluwa, J J; Mchunu, S; Mcloughlin, A R; Mdakane, M R; Memela, T C; Mfeketo, N C; Mhlongo, T W; Mileham, K J; Mjobo, L N; Mkhize, H B; Mkongi, B M; Mmemezi, H M Z; Mmola, M P; Mmusi, S G; Mncwabe, S C; Mncwango, M A; Mnganga - Gcabashe, L A; Mnguni, P J; Mnguni, D; Mnisi, N A; Mogotsi, V P; Mokgalapa, S; Mokoto, N R; Molebatsi, M A; Molewa, B E E; Moloi-Moropa, J C; Morutoa, M R; Mosala, I; Mothapo, M R M; Motshekga, M S; Motsoaledi, P A; Mpontshane, A M; Mpumlwana, L K B; Msimang, C T; Mthethwa, E N; Mudau, A M; Muthambi, A F; Nchabeleng, M E; Ndabeni-Abrahams, S T; Ndongeni, N; Nel, A C; Nene, N M; Ngcobo, B T; Ngwenya-Mabila, P C; Nkadimeng, M F; Nkoana-Mashabane, M E; Nkomo, S J; Nkwinti, G E; Nobanda, G N; Ntombela, M L D; Ntshayisa, L M; Nxesi, T W; Nyalungu, R E; Nyambi, H V; Nzimande, B E; Oliphant, M N; Oliphant, G G; Ollis, I M; Oosthuizen, G C; Pandor, G N M; Patel, E; Peters, E D; Phaahla, M J; Phosa, Y N; Pikinini, I A; Pilane-Majake, M C C; Qikani, A D N; Rabotapi, M W; Radebe, G S; Radebe, B A; Radebe, J T; Ralegoma, S M; Ramatlakane, L; Ramatlhodi, N A; Ramokhoase, T R J E; Rantho, D Z; Raphuti, D D; Redelinghuys, M H; Robinson, D; Scheepers, M A; Schmidt, H C; Semenya, M R; September, C C; Shaik Emam, A M; Shelembe, M L; Shinn, M R; Sibande, M P; Singh, N; Sisulu, L N; Sithole, K P; Siwela, E K; Sizani, P S; Skosana, J J; Skwatsha, M; Smith, V G; Stander, T; Steenhuisen, J H; Steyn, A; Stubbe, D J; Surty, M E; Swart, S N; Tarabella Marchesi, N I; Terblanche, J F; Thomson, B; Tleane, S A; Tom, X S; Tseke, G K; Tseli, R M; Tshwete, P; 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 Dyk, V; Van Rooyen, D D D; Van Schalkwyk, S R; Volmink, H C; Vos, J; Walters, T C R; Waters, M; Whitfield, A G; Williams, A J; Wilson, E R; Xasa, T; Xego-Sovita, S T; Yengeni, L E; Zokwana, S; Zulu, L D. NOES - 16: Chewane, H; Dlamini, M M; Khawula, M S; Louw, E N; Matiase, N S; Matshobeni, A; Maxon, H O; Mente, N V; Mhlongo, S P; Morapela, K Z; Moteka, P G; Ndlozi, M Q; Ntobongwana, P; Paulsen, M N; Shivambu, N F; Sonti, N P.
Motion agreed to.
Report, as amended, accordingly adopted.
MERCHANT SHIPPING AMENDMENT BILL
(Second Reading debate)
Mr M P SIBANDE: Deputy Speaker, hon members, after 20 years of the ANC-led government we can declare unequivocally that South Africans have equal rights which are entrenched in the Constitution. It is our wish that we deepen these rights and the access of our people to courts [Interjections.]
The DEPUTY SPEAKER: Mr P Sibande, could you please hold on for a little while. I just want to make sure that we are on the right track. Can you just confirm that? Hon member, are you just introducing the report on behalf of the Chairperson because there is no debate. There is apparently an agreement that there is no debate. That there will only be an introduction of this thing. I just want to confirm that is what you are doing. Thank you very much, you may proceed.
Mr M P SIBANDE: It is our wish that we deepen these rights and the access of our people to courts, the state institutions, schools, hospitals and other public facilities. The ANC will continue to strive to improve the equality of government services for all our people wherever they live.
Within the framework of government policy of the Merchant Shipping Amendment Bill and compliance with our international obligation, we are also achieving modernisation and introducing aspects to this important area which will benefit our people. The Bill was published for comments in the Government Gazette number 36329 and comments were received. The Bill was brought to the portfolio committee for further engagements. After several engagements, the Bill was approved by the portfolio committee.
The Bill seeks to align the Maritime Labour Convention 2006 and Work in Fishing Convention, 2007, with the International Labour Organisation, a United Nation’s body aimed at promoting the rights of the seafarers at work, encouraging decent employment opportunities, enhancing social protection and strengthening dialogue on work related issues.
This Bill and its amendments are essentially designed to introduce the concept that seafarers have certain rights and can accrue certain income from their fishing performance subsequently. This is an important breakthrough because there is an imbalance of power between vessel owners and seafarers.
We are also establishing the idea of collecting society which is the ability to come together. This Bill will also play a pivotal role in making sure that the six pillars of the National Development Plan, NDP, are realised which are as follows: The mobilisation of all South Africans; building of key capabilities, human, physical and institutional; building a capable and developmental state; active engagement of citizens in their own development; fostering of strong leadership throughout society; and expansion of economy and making growth inclusive.
Ngalokho besicela ukuthi le Ndlu isekele lo Mthethosivivinywa. Ngiyabonga. [Ihlombe.] [We therefore ask this House to support this Bill. Thank you. [Applause.]]
Question put.
Mr M Q NDLOZI: Deputy Speaker, we don’t agree that there must not be a debate. It’s as if there is laziness crippling into Parliament [Howling]. We must debate. We are prepared for a debate here. We didn’t agree that there must not be a debate and they are saying there is an agreement. We think there is laziness crippling ... so we are just going to declare and go home! And we are done whilst we are being paid to work. We must debate! You pass corporal punishment laws, you go home, and that’s it!
The DEPUTY SPEAKER: Hon member.
Mr M Q NDLOZI: We must debate. We are prepared for a debate. At least we must voice that out that we didn’t agree and we would like to debate this amendment.
The DEPUTY SPEAKER: Huh! Yes, hon member.
The CHIEF WHIP OF THE OPPOSITION: Deputy Speaker, Parliament works according to a system. We have committee work, we then have this debate in the Chief Whip’s forum and then in the programming committee discussions like this take place. We can’t have this discussion every time it comes to the floor about the way.
There was an agreement in the programming committee, there was an agreement in the Chief Whips’ forum. There was no opposition to the programme whatsoever. So it’s not fair now to expect us to have a debate. We have a member who has prepared a declaration which is our understanding of what the agreement was. But we have agreed in the Chief Whips’ forum and programming committee that there will be no debate on this. So it’s going to be very unfair of us to have a debate if our members are not prepared.
Mr M Q NDLOZI: Deputy Speaker, before you call the principal against me. We disagreed. We even said that the DA is colluding with the ANC to render laziness in Parliament. We must debate. We are here to work. Everybody must come prepared with facts to debate. Let’s debate! Let’s debate!
The DEPUTY SPEAKER: Okay, I have heard you. No! No, hon members I have heard.
The CHIEF WHIP OF THE MAJORITY PARTY: This is a drama that is unnecessary. [Interjections.] A collective decision cannot be overturned by one party. We have agreed there is no debate on this and if he wants to debate, he can do so in the committee, but not now.
The CHIEF WHIP OF THE OPPOSITION: Deputy Speaker, I just want to clarify because I can’t allow what hon Ndlozi has said to stand. He said he did not say that in the Chief Whips’ forum and he did not say that in the programming committee. He is saying it now in the House. I would say to him what laziness is, it’s when you can only get a few of your members into the House when we are voting on important things. That is laziness. [Applause.]
Mr M Q NDLOZI: Hon Deputy Speaker, it is laziness that we are being persuaded to come to Parliament and not work, but just only agree about corporal punishment.
The DEPUTY SPEAKER: Hon Ndlozi ...
Mr M Q NDLOZI: The EFF is here ready to debate with each and every one of you, one by one that side. [Laughter.] We are ready to debate, we are ready to put the facts and dismiss this Bill on the basis of a substantial debate. One by one we can debate all of you. We are not afraid!
The DEPUTY SPEAKER: Hon Ndlozi, take your seat! Take your seat.
Prof N M KHUBISA: Deputy Speaker, there are many issues that were discussed at the Chief Whips’ forum, including the Monetary Bill, Mandela day and other issues, including this one. We unanimously agreed that there will be no debate here, but only declarations. Thank you.
Declarations of vote:
Mr C H H HUNSINGER: Hon Deputy Speaker, the DA supports this Bill on the basis of the important alignment with current international standards expressed and agreed to in the form of the Maritime Labour Convention, 2006 and the Work in Fishing Convention, 2007.
These international legal measures are incorporated in this Amendment Bill and are aimed at improving working and living conditions for seafarers. This, in the opinion of the DA, succeeds in meeting the needs of the industry. However, we need to place on record the following concerns.
Firstly, the sanction or penalty for contravening a particular condition is still not clear.
Secondly, further development should also be considered on aspects like agreement between shipmasters and seafarers on behalf of employers, the total banning of children on merchant ships, the extension of the compulsory monthly account to include all benefits, entitlement to include an option for the independent facilitation of complaint procedures and agents.
International Labour Organisation, ILO Director-General, Guy Ryder, described this process of securing benefits to the most globalised of the world’s workers namely, seafarers, as an inspiring example for all economic sectors. However, our efforts in this regard, in South Africa, are a rather shameful economic example. Each year, we still rely on about 12 000 foreign vessels to carry 96% of our exports to the rest of the world.
Globally, South Africa is still regarded as a country with a ship register, which is seen as uncompetitive - a perception that has resulted in not a single merchant vessel being listed locally.
The DA recognises that this huge opportunity for job creation will incentivise the industry and get our flag amongst the best in the world. I thank you. [Applause.]
Ms M O MAKAUSE: Hon Deputy Speaker, the Merchant Shipping Amendment Bill that seeks to amend the Merchant Shipping Act of 1951 is a belated, yet welcome intervention to regulate the labour conditions of those working in the maritime industry. This Amendment Bill gives effect to the Maritime Labour Convention, 2006 and the Work in Fishing Convention, 2007. Both conventions were adopted by the United Nation and the International Labour Organisation, and South Africa is a member of both.
Central to the Maritime Labour Convention is a desire to better protect abundant seafarers and provide financial security as compensation to seafarers and their families, in cases of the seafarer’s death or long-term disability. These international legal measures are aimed at improving the working and living conditions of seafarers, the most globalised of the world’s workers.
As it is, 90% of the world’s trade is conducted through the oceans and South Africa is better placed geographically to benefit from the rising trade between Brazil, Russia, India, China and South Africa, Brics, members and increase trade into the rest of Africa. Without South Africa, the merchant shipping industry will never realise its potential.
About 98% of this country’s internationally bound trade is carried by ships and at least R160 billion a year is paid for shipping services to foreign owners and operators. The Maritime Labour Convention places a lot of emphases on fair labour practices in the maritime industry. We have seen reports on how these international merchant shipping companies mistreat their workers. The most recent being a case where a Taiwanese merchant shipping company was caught treating its workers like slaves on South African shores.
This Bill will not be of any use, if it does not specify a basic minimum wage of at least R8 500 for seafarers and dockworkers within the borders of this country. [Applause.] We cannot be celebrating our integration into the world’s economy, by adopting some of the most heinous labour practices from our trading partners.
This Bill fails to address most of these issues. For that reason, we object the Bill. [Applause.] Thank you, Chair.
Mr M HLENGWA: Hon Deputy Speaker, this Bill is an essential amendment, which seeks, through its amendments, to align the principal Act of the 1951 piece of legislation with the values and the provisions of our Constitution.
It further aligns our domestic legislation with current international convention, which in turn provides us with the comfort and knowledge that our sailors have global protection of their rights.
The working and living conditions that our sailors are subject to at times are beyond believe. Through this Bill, we will ensure decent living and working conditions for them and most importantly, we will ensure that children under the age of 16 years are not employed on merchant ships.
We agree that the Bill is a great step forward in improving the operations and image of the maritime industry, both domestically and internationally. Accordingly, the IFP will support this Bill.
We do also want to place on record that the sanctions and penalties provisions need to be further looked at to ensure that there is greater clarity on this matter and that the areas of ambiguity, which we find ourselves charting in, at this point in time are clarified. Having said that, the IFP supports this Bill. I thank you.
Mr A M SHAIK-EMAM: Hon Deputy Speaker and members of this honourable House, the NFP welcomes the Merchant Shipping Amendment Bill, which seeks to amend the Merchant shipping Act of 1951. As a participant in the deliberation during the drafting of both the Maritime Labour Convention and the Work in Fishing Convention, it is incumbent on this legislature to enact domestic laws, which will give effect to the essence of these two conventions.
The NFP believes that by aligning domestic legislation to global instruments, global protection of the rights of seafarers and decent working and living conditions are ensured. More importantly, adopting the Bill will enable South Africa to intervene in cases where foreign ships enter South African ports, if they have contravened the rights of seafarers.
The amended legislation contained in the Bill is also of particular importance for South Africa with the current focus on Operation Phakisa. Sustainable development of our oceanic resources entails more than the management of biological and mineral components. It also has to take the working environment of those who are involved into consideration. In particular, the NFP welcomes the legal prohibition on employing children under the age of 16 years on merchant ships, the introduction of entitlement of seafarers’ leave, regulated working hours, social benefit and facilitation of complaint procedures on ships.
We also welcome the explicit requirement of fishing vessel owners and skippers to ensure that the basic conditions of employment rights are extended to workers on fishing vessels. These provisions are congruent with existing national labour legislation and align the Merchant Shipping Act with the Constitution of our beloved country.
Finally, we believe that by adopting this Bill, the operations and image of South Africa’s emerging maritime industry will improve, which is vital in international trade.
In conclusion, hon Deputy Speaker, the NFP supports the Merchants Shipping Amendment Bill. Thank you.
Mrs D P MAGADZI: Hon Deputy Speaker, as the ANC, we want to applaud the department for deciding that it is important to have a legislation of this nature, which will regulate the seafarers, the skippers and the ships on sea, especially those that carry the flag of the Republic.
We also want to indicate that, inline with the National Development Plan, this Bill will assist in ensuring that the national conventions are upheld, particularly those on training and skilling seafarers, because this will add to the human resource and human capital development of the Republic.
As the ANC, we want to indicate that it is important for our country to have manufacturing companies that will manufacture ships and maintenance companies that will maintain the ships on our shores.
We are delighted that the Merchant Shipping Bill is taking care of the labour issues and children below the age of 16 years will not be seen on sea. Those who are below the age of 16 years on the ship will be on training.
We want to applaud the department. We are saying that this is a step in the right direction and we are able to comply with the international standards. I thank you. [Applause.]
There was no debate.
Declarations of vote made on behalf of the Democratic Alliance, Economic Freedom Fighters, Inkatha Freedom Party and African National Congress.
Bill accordingly read a second time.
NOTICES OF MOTION
Mr L RAMATLAKANE: Deputy Speaker, I give notice that I shall move at the next sitting of the House on behalf of the ANC:
That the House debates mechanisms to stop the use of violence by the taxi industry to enforce their grievances and the resolution of disputes in their favour.
Mr T W MHLONGO: Deputy Speaker, I give notice that I shall move at the next sitting of the House on behalf of the DA:
That the House debates the lack of consultation on and effective public participation in the implementation of prepaid meters being imposed on our people.
Mr M M DLAMINI: Deputy Speaker, I give notice that I shall move at the next sitting of the House on behalf of the EFF:
That the House debates the collusion between the land valuers and landowners that inflates prices to sabotage land redistribution efforts.
Prof N M KHUBISA: Deputy Speaker, I give notice that I shall move at the next sitting of the House on behalf of the NFP:
That this House debates the need to empower our youth with skills as a way of reducing escalating levels of unemployment in our country.
Mr N SINGH: Deputy Speaker, notwithstanding the response by the hon Minister of Environmental Affairs, I give notice that I shall move at the next sitting of the House on behalf of the IFP:
That the House debates the continued abhorrent practice of canned lion hunting in South Africa; the limited scope of its benefits to the economy; the regulations and legislation necessary to bring an end to this throwback from colonialism; and the steps we can and should be taking, going forward, to protect wildlife in South Africa for our future generations.
Mr G S RADEBE: Deputy Speaker, I give notice that I shall move at the next sitting of the House on behalf of the ANC:
That the House debates the strengthening of legislation geared at prosecuting bogus initiation schools and kidnappers of young boys for initiation.
Dr H C CHEWANE: Deputy Speaker, I give notice that I shall move at the next sitting of the House on behalf of the EFF:
That the House debates the concept that clinics be open 24 hours a day, seven days a week, in order to offer comprehensive, quality and equitable primary health care.
Mr M S F DE FREITAS: Deputy Speaker, I give notice that I shall move at the next sitting of the House on behalf of the DA:
That the House —
(1) notes that the Minister of Transport, in a written response to a written parliamentary question by the DA, stated that locomotive trains which had been purchased did not differ in any form from the required dimensions, from the required scale;
(2) further notes that the relevant documents predating the replies show that the dimensions of the trains are, in fact, not to the required scale;
(3) also notes the Minister must have been aware of the difference in scale before furnishing Parliament with the written reply; and
(4) resolves to refer the Minister to the Powers, Privileges Committee to investigate the Minister on the charge of deliberately misleading Parliament, and report back to this House.
Mr A MUDAU: Deputy Speaker, I give notice that I shall move at the next sitting of the House on behalf of the ANC:
That the House debates ways to speedily address the emergent use of tribalism in seeking to resolve disputes in the demarcation of municipal boundaries.
Mr M N PAULSEN: Deputy Speaker, I give notice that I shall move at the next sitting of the House on behalf of the EFF:
That the House debates the golden handshakes given to disgraced and corrupt parastatal executives.
Mr T Z HADEBE: Deputy Speaker, I give notice that I shall move at the next sitting of the House on behalf of the DA:
That the House debates the escalating public concern at the shameful slaughter of African wildlife and the serious ethical problems in the hunting industry which have led to an increase in illegal and canned hunting.
Mr E J MARAIS: Deputy Speaker, I give notice that I shall move at the next sitting of the House on behalf of the DA:
That the House debates the massive financial turnaround of arms manufacturer, Denel, following government’s partial privatisation of the organisation in 2002 and how a similar model can, and must, urgently be considered for Eskom.
Ms E LOUW: Deputy Speaker, I give notice that I shall move at the next sitting of the House on behalf of the EFF:
That the House debates councillors who take bribes, inclusive of money and sexual favours, from women for access to jobs and RDP houses.
Mr K Z MORAPELA: Deputy Speaker, I give notice that I shall move at the next sitting of the House on behalf of the EFF:
That the House debates the exorbitant price of textbooks, particularly those for academic purposes, as a fundamentally anti-intellectual tax regime.
Mr G G HILL-LEWIS: Deputy Speaker, I give notice that I shall move at the next sitting of the House on behalf of the DA:
That the House debates the arrest of Mr Andile Lili, who is a member of the provincial executive committee of the ANC in the Western Cape, for his comments that people should “kill rapists and robbers in our community ... in a brutal manner” and “once these poor people find someone committing a crime, they must kill that person immediately”; and further debate the basic respect by said ANC member for the right to life and the violation of the freedom of expression enshrined in the Constitution by using that freedom to incite hatred and violence.
Mr M HLENGWA: Deputy Speaker, I give notice that I shall move at the next sitting of the House on behalf of the IFP:
That the House debates the need to overhaul and revamp South Africa’s education system, such that it becomes globally competitive and responds to the collective needs of the job market through the provision of quality education and construction of the necessary infrastructure.
Ms A MATSHOBENI: Deputy Speaker, I give notice that I shall move at the next sitting of the House on behalf of the EFF:
That the House debates the impact of music piracy on the ability of artists, in particular, young, emerging, black artists, to earn a sustainable living.
Ms S R VAN SCHALKWYK: Deputy Speaker, I give notice that I shall move at the next sitting of the House on behalf of the ANC:
That the House debates the creation of six million jobs by 2019 through the new Expanded Public Works Programme.
MOTION WITHOUT NOTICE
Ms L MNGANGA-GCABASHE: (ON BEHALF OF THE CHIEF WHIP): Deputy Speaker, I move without notice:
That the House –
- notes that on 14 July 2015, the Ambassador of France to South Africa, Elisabeth Barbier bestowed upon Ahmed Kathrada the medal of Knight of the Legion of Honour during the celebrations at the French Residence in Pretoria;
- further notes that the French Legion of Honour celebrates the accomplishments of distinguished individuals, irrespective of sex, social background and nationality;
- acknowledges that Kathrada’s honour was as a result of his lifelong struggle for justice and freedom which commands respect and admiration;
- recognises that the National Order of the Legion of Honour was established in 1802 and it is the highest decoration in France divided into five degrees of increasing distinction;
- further recognises that Kathrada joins the few other prominent South Africans to have received this award including Nelson Mandela, Archbishop Desmond Tutu, Miriam Makeba and the late Nadine Gordimer; and
- congratulates Mr Kathrada on receiving this accolade.
Agreed to.
Mr M Q NDLOZI: Hon Deputy Speaker, are you fine or you did not recognise me?
DEPUTY SPEAKER: Hon member, you are on your feet, do your job now.
Mr M Q NDLOZI: We are afraid of corporal punishment. Deputy Speaker, I move without notice:
That the House –
- notes that –
- the allegations of police protection that the imperialist multinational corporation, British American Tobacco, a cigarette company which controls 80% of the tobacco industry in South Africa has been given members of the police elite squad, the Tactical Response Team, as private security guards for its private distribution vehicles;
- that British American Tobacco, BAT, is one of the multinational companies that is involved in tax avoidance and illicit financial flows to erode the South African tax base. Billions of rands through aggressive tax avoidance schemes leave the country because BAT like many multinationals that are engaged in illicit financial flows, under declare taxes through a complicated schemes that uses bogus companies in tax havens;
- that according to Action Aid, BAT has 142 companies in tax havens whose role is nothing but tax avoidance. In addition, that SARS did a reassessment of BAT to an amount of R1, 74 billion of unpaid taxes between 2006 and 2010, which BAT is disputing;
- that this means they are benefiting unduly from the tax payers money that they do everything in their power to weaken through illicit financial flows;
- further note that BAT trades in tobacco which is responsible for many deaths and diseases in society. Research shows that more than 20 000 people die from tobacco related deceases a year. That resources used to address the health damages caused by tobacco in society far exceed what the industry contributes to the fiscus. Thus, receiving police protection means BAT is literally receiving state sponsorship to go and physically place people’s lives and health at risk;
- to call upon Independent Police Investigative Directorate, IPID, to conduct an investigation into the protection of BAT by the top police because this is criminal and an utter disrespect of the constitutional role of the police.
Mr A M SHAIK-EMAM: Deputy Speaker, I move without notice:
That the House –
- notes that in mid-June 2015, I had the misfortune of a vehicle breakdown close to Grahamstown area where he felt unsafe;
- further notes that I made a telephone call to the South African Police Services in Grahamstown to notify them of my predicament;
- acknowledges that Colonel Thembani, from the Grahamstown Police, immediately informed the Traffic Department of the Eastern Cape. Traffic Officers Thaleni, Sentile, Mekuto and Mdwayi, came and provided me with assistance and safety whilst I was in a very unsafe place;
- further acknowledges that Colonel Thembani also dispatched Constable Nguni to remain with me for protection until I receive assistance;
- congratulates the SAPS of Grahamstown and the Eastern Cape Provincial Traffic Department under the leadership of Chief Traffic Officer Peterson for going beyond the call of duty to assist me and to provide protection; and
- commends the action of both the SAPS Grahamstown and the Eastern Cape Provincial Traffic Department, which shows that, whilst there are challenges and negative publicity, there are officers who serve as a shining example of the commitment and dedication which is hoped for and others would follow.
Agreed to.
Mr D BERGMAN: House Chairperson, I move without notice:
That the House –
- notes that former South African cricket captain Clive Rice sadly lost his battle with cancer on Tuesday morning although Cyber Knife works, a spot on his lung proved a further challenge;
- recalls that the cricket legend was at the top of his game at the height of apartheid, limiting his international experience because of sanctions against our teams;
- also recalls that Rice played three memorable One Day Internationals for South Africa following the country's return from sporting isolation against India in 1991;
- acknowledges that he played 482 first class matches, scoring 26 331 runs at an average of 40.95;
- also acknowledges that he took 930 wickets at an average of 22.49;
- further acknowledges the great loss his passing brings to the cricket fratenity in South Africa and around the world; and
- conveys our sincere condolences to the friends and family of Mr Clive Rice, may he rest in peace.
Agreed to.
Ms H O MAXON: House Chairperson, I move without notice:
That the House –
- notes that a burglary happened in the office of Party Leader of EFF, Hon Julius Malema;
- also notes that on the morning of the 29th July, EFF Parliamentary staff arrived and found the office of the President of EFF’s door locks changed, and other doors were left open;
- further notes private and confidential files containing information of the EFF, some containing the Commander-in-Chief, CIC’s, travel and security information, submissions by whistle blowers within government and state institutions relating to matters like Nkandla, Eskom, Passenger Rail Agency of South Africa, Prasa, and Marikana are missing;
- demands all security agents of the state to keep a reasonable distance from EFF party political issues and not be puppets of the ruling party because ANC’s ship is sinking slowly but surely;
- further demands that SA Police Service, the SAPS, together with Parliament security investigate and those who broke into the President’s office must be caught, arrested and those working with them must be exposed because ...
... kunesandla semfene la ... [... there is a third force here ...]
- acknowledges that criminal charges have been laid with the SAPS in Cape Town and a report was sent to the Speaker’s Office; and
- further acknowledges that we remain unshaken and will never be intimidated by desperate elements who are losing political power.
CHAIRPERSON OF THE HOUSE: (Ms A T Didiza):
Ms H O MAXON: House Chairperson, there should be no objection. You can’t just object to an investigation by the way.
Mr C D KEKANA: Hon Chair, I move without notice:
That the House –
- notes the distribution of learning content in digital and paperless classroom programmes so as to enhance a high quality of teaching and learning in this era of electronic education.
Prof N M KHUBISA: Hon House Chairperson, I move without notice:
That the House –
- notes that well-known and much loved maskandi artist, Mtshengiseni Indidane Gcwensa, who was born in Msinga, died in Dundee on Monday, 27 July 2015, after a long battle with illness;
- further notes that he won nine South African Traditional Music Awards, Satma, including Best Song of the Year‚ Best Selling Album and Best Composer of the Year, and that his work was also recognised by several Amantshontsho KaMaskandi Awards;
- further notes that Gcwensa was a founding member and leader of the award winning maskandi group, Amageza Amahle, which was formed in 2004 and whose song ‘Viva ngeNdidane’ won the Song of the Year Award during the 2013 Satma awards;
- finally notes that he was known for his humour and love for his family, wherefore we call upon this honourable House to express its sadness at the loss of one of South Africa’s legendary artists who helped preserve and promote our national cultural diversity through his music; and
- extend its condolences to the bereaved family and loved ones of Mtshengiseni Indidane Gcwensa in this time of sadness.
Agreed to.
Mr N SINGH: Hon Chairperson, I do not object to the content of the motion, but I object on the basis that the IFP on 27 July submitted this motion to the Table and there is a note here from the Table, which we all received as Whips, indicating where the NFP has got this previously, circulated by the IFP at 13:31 on 27 July 2015. So, I think that is a very important and as a matter of principle we need to adopt in this House, is that that kind of motion should not go through because it was moved by us in good time. I just like your understanding and ruling on that and I know Hon Hlengwa is ready to move that exact motion.
Mr N SINGH: Hon Chairperson, I do not object to the content of the motion, but I object on the basis that the IFP, on 27 July, submitted this motion to the Table. There’s a note here from the Table which we all received as Whips indicating where the NFP got this, previously circulated by the IFP at 13:31 on 27 July 2015. I think that this is a very important point and a matter of principle that we need to adopt in this House that that kind of motion should not go through because it was moved by us in good time. I would just like your understanding and ruling on that. I know hon Hlengwa is ready to move that exact motion.
Prof N M KHUBISA: Hon Chair.
The HOUSE CHAIRPERSON (Ms A T Didiza): Yes, hon Khubisa.
Prof N M KHUBISA: Chair, I don’t know what hon Singh is worried about, because we submitted the motion to the offices yesterday and it was accepted. It was never rejected. I think there’s a problem somewhere. However, if there’s a problem it’s not our problem. I haven’t yet looked at the content of his motion.
The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you, hon Khubisa, I will consult with the NA staff on how to resolve this matter. Thank you.
Prof N M KHUBISA: Thank you, hon Chairperson, but ... [Interjections.]
Mr N F SHIVAMBU: Hon Chairperson, can we help you?
The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Shivambu, please take your seat, hon Khubisa wanted to say something. Yes, hon Khubisa.
Prof N M KHUBISA: Hon Chairperson, whilst I was still standing up I heard some nasty remarks here before you were given a chance to say anything to me. However, I hope that these kinds of remarks will come to a halt.
The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you, hon Khubisa. As I indicated, I will consult with the ... [Interjections.]
Mr N F SHIVAMBU: Hon Chairperson, I wanted to help you.
The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon Shivambu!
Mr N F SHIVAMBU: As a matter of fact, the IFP is correct; the NFP is just taking advantage of a motion that was sent by the IFP. So, we must take the IFP motion before we move on.
The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Shivambu, I had indicated that I will consult on this matter to verify the facts, so there’s no need to elaborate on what we must do. Hon Singh, are you coming with a new motion?
ICONIC LEGACY AND LIFE EXAMPLE SET BY FORMER PRESIDENT NELSON ROLIHLAHLA MANDELA
(Draft Resolution)
Mr N SINGH: Hon Chairperson, I move without notice:
That the House -
- recognises the great value that people the world over place on the iconic legacy and life example set by former President Nelson Rolihlahla Mandela;
- notes that former President Mandela’s history makes for compelling reading and his quotes and messages are profoundly brimming with wisdom;
- agrees that there’s no better way to honour and celebrate this legacy than by entertaining the call by the United Nations for 67 minutes to be dedicated to community upliftment in memory of Nelson Mandela on Mandela Day;
- acknowledges in this regard the sterling work by Ms Mala Lutchmanan, a Tamil scholar and presenter on Lotus FM, who has translated 67 quotes from Mandela and is sharing them on compact disc, CD, with the Tamil Diaspora around the world; and
- applauds Ms Lutchmanan and encourages others to emulate her fine example in making the profound wisdom of Madiba accessible to all.
Agreed to.
MINEWORKERS KILLED IN AQUARIUS PLATINUM MINE
(Draft Resolution)
Mr S P MHLONGO: I move without notice ... [Interjections.]
The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon members! Order! Can we please allow the member to speak? Order, hon members! It’s the member’s maiden speech if I’m correct. Let’s allow him to be heard.
Mr S P MHLONGO: Madam Chairperson, I think ...
... aBaphathiswa bamakipkip baza kuthula. [... the makipkip (fake) Ministers are going to stop talking.]
That the House –
- notes that on 1 August 2012, 15 days before the Marikana massacre, the ANC government, together with private security firms, killed eight mineworkers at Aquarius Platinum Mine at Kwezi shaft in Rustenburg;
- further notes that these workers were murdered for protesting against the dismissal of 260 people by Murray & Roberts Cementation, which was contracted by Aquarius Platinum;
- also notes that those mineworkers who were dismissed have been abandoned by the National Union of Mineworkers, NUM, and have gone everywhere for help and received none;
- further notes that these workers have still not been paid their provident fund and Unemployment Insurance Fund, UIF, benefits;
- also notes that Murray & Roberts and Aquarius Platinum, after killing the eight workers, blacklisted the rest who now cannot... [Interjections.]
The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon members! I think our noise levels are too high. Can we please allow the speaker to be heard?
Mr S P MHLONGO: ... find jobs and have to survive on eating from rubbish dumps;
- calls on the Minister of Police to establish a high level of investigative team to look into the massacre of these workers by the police and private security guards in order for the perpetrators of this massacre to be prosecuted and jailed;
- further calls on Murray & Roberts Cementation and Aquarius Platinum immediately to pay to unfairly dismissed workers their provident funds and other benefits due to them; and
- calls on the Department of Labour immediately to process and pay UIF benefits to all dismissed workers. I also hope that the prisoners of Zuma in the ANC will keep quiet when I talk.
The HOUSE CHAIRPERSON (Ms A T Didiza): If there are no objections, I will put the motion. There are objections, the motion falls away.
DIE NUWE GRASKOUE TRAPPERS WON GOLD AND SILVER MEDALS AT 19TH ANNUAL INTERNATIONAL PERFORMING ARTS CHAMPIONSHIPS
(Draft Resolution)
Mr M P SIBANDE: Hon Chairperson, on behalf of the Chief Whip of the Majority Party, I move without notice:
That the House –
- notes that Die Nuwe Graskoue Trappers, a Khoisan dance group from the Cederberg in the Western Cape, flew the South African flag high at the 19th annual International Performing Arts Championships by clinching 29 gold and silver medals and a trophy at the world championship in America last month;
- further notes that they competed against performers from 50 countries at the 19th annual International Performing Arts Championships in Long Beach;
- recognises that the team earned gold medals in the Ethnic Folk Dance category, the Open Dance and Tap Dance categories, and silver in the Open Dance category for their spectacular gumboot routine;
- further recognises that the winning dance moves by the group were derived from traditional ritual dances by the Khoi and San – riel dancing – with a modern twist, including tap dancing;
- acknowledges that the gifted and proudly South African artists took their rightful place to share our culture and heritage with their counterparts worldwide;
- realises that the team are South African cultural ambassadors who carried the spirit of the country’s indigenous culture forward; and
- congratulates Die Nuwe Graskoue Trappers for flying the South African flag high in the international arena and wishes them all the best in their future endeavours.
Ms H O MAXON: Chair, we object on the basis that we didn’t hear anything; he was just mumbling all the way.
The HOUSE CHAIRPERSON (Ms A T Didiza): There being objections, the motion falls away.
Ms N V NQWENISO: Chairperson, I move without notice:
That the House -
- notes that during the oversight period last week, the Commander in Chief, CIC, our President for 2019, visited the home of the late ANC councilor, Moss Phakoe, who was assassinated for exposing the corruption of the ANC government in Rustenberg;
- also notes that the family and children of the late Moss Phakoe narrated to the CIC that they had been abandoned by the friends, comrades and the movement of their father, which he had believed in, lived, suffered and had died for;
- also notes that the draconian banks had given them an eviction notice to leave the home that their father had left them;
- further notes that the family had brought this painful reality to the attention of their father’s comrades and movement, from President Zuma to the councilors, from Luthuli House to its branches, and no one came to their rescue from the brutal threat of being thrown to the streets like hobo’s;
- acknowledges that, in line with its cardinal pillar number 7, the EFF, which reads “ ... open, accountable and corrupt-free government, where state institutions are not used ...” the EFF has donated money in order to save the house and the home of Moss Phakoe, ... [Applause.] ... so that his children and generations to come can know that those who die fighting against corruption will find friends way beyond the narrow shores of the ANC;
- recognises that this donation is a celebration and a declaration that the fighting spirit of Moss Phakoe must live forever and be emulated by all South Africans; and
- calls on the department of Arts and Culture to declare Moss Phakoe’s house, in which he was assassinated, a national monument against post-apartheid corruption and let me remind you that Moss Phakoe’s family is watching on TV when you are objecting; the people of Rustenberg will be watching .
In the light of the objection, the motion without notice will now become a notice of a motion.
Dr A LOTRIET: Voorsitter, hiermee stel ek sonder kennisgewing voor:
Dat die Huis -
- kennis neem dat die bekroonde en alombekende Afrikaanse digter, T T Cloete, gisteroggend op die ouderdom van 91 oorlede is aan natuurlike oorsake;
- ook kennis neem dat Cloete Sondag in die Mooimed Hospitaal in sy tuisdorp, Potchefstroom, opgeneem is, nadat hy vir jare aan die Noordwes Universiteit se Potchefstroom kampus verbonde was aan die Skool vir Tale en Skryfkuns;
- verder kennis neem dat Cloete ’n massiewe bydrae tot akademia, prosa, poësie en die wetenskap gelewer het as skrywer, Bybelvertaler, letterkundige en wetenskaplike navorser;
- onthou hoe hy tydens sy loopbaan verskeie kere met gesogte toekennings vereer is, onder meer die Ingrid Jonker-prys, W A Hofmeyr-prys, Rapportryersprys, Hertzog-prys en die Andrew Murray-prys;
- sy dankbaarheid uitspreek vir die magdom werke en woorde wat Cloete aan Suid-Afrika nalaat, wat vir eeue boekrakke oral in Suid-Afrika sal volstaan; en
- sy innige meegevoel en opregte simpatie aan die kinders, kleinkinders, vriende en kollegas van T T Cloete uitspreek en hoop dat hy in vrede sal rus.
(Translation of Afrikaans draft resolution follows.)
[Dr A LOTRIET: Chairperson, I hereby move without notice:
That the House –
- notes that the award-winning and well-known Afrikaans poet, T T Cloete, died of natural causes yesterday morning at the age of 91;
- also notes that Cloete was admitted to the Mooimed Hospital in his hometown, Potchefstroom, on Sunday, after being affiliated with the Potchefstroom Campus of the North-West University at the School of Languages and Creative Writing;
- further notes that Cloete made a huge contribution to academia, prose, poetry and science as a writer, a Bible translator, and as a literary and scientific researcher;
- recalls how he was honoured with several awards during his career, among others, the Ingrid Jonker Prize, the W A Hofmeyer Prize, the Rapportryers Prize, the Hertzog Prize and the Andrew Murray Prize;
- expresses its gratitude for the myriad works and words that Cloete left to South Africa, that will fill bookshelves for centuries everywhere in South Africa; and
- expresses its heartfelt condolences and deepest sympathy to the children, grandchildren, friends and colleagues of T T Cloete and hopes that he will rest in peace.]
In the light of the objection, the motion without notice will now become a notice of a motion.
CHAIRPERSON OF THE HOUSE (Ms A T Didiza): Hon members, can you please respect the member who is speaking.
Mr N SINGH: Chairperson, I move without notice:
That the House -
- extends its deepest condolences to the government and people of India on the passing of the former President of India, A P J Abdul Kalam, known as the People’s President, after he collapsed during a lecture at the IIM in Shillong on Monday, 27 July 2015;
- notes that former President Kalam became the 11th head of the state of India, occupied the post between 2002 and 2007 and was widely celebrated as the most popular President of India;
- further notes the close ties between India and South Africa, engendered during his term of office and the results, which are now a greater diplomatic relationship between these two states;
- acknowledges that former President Kalam received several prestigious awards, including the Bharat Ratna, India’s highest civilian honour award; and
- further acknowledges the immense character of this man, who despite coming from a poor background, managed to achieve a great deal as a scientist, science administrator and statesman.
Agreed to.
Ms C N MAJEKE: Chairperson, I move without notice:
That the House -
- notes that on 22 July 2015, it was reported that an ex-police officer from Parow was found guilty of fraud, after using a state vehicle without authorisation;
- further notes that according to reports, the constable was having a rest day when she used the state vehicle without the authority or permission from her superiors; and
- commends the authorities who have played a pivotal role in ensuring that the offender of this crime is brought to book, as fraud and corruption destroy the founding principles on which our democracy was attained.
Agreed to.
Mr N S MATIASE: Chairperson, I move without notice:
That the House -
- notes that the EFF held a successful and monumental second-year anniversary rally in Rustenburg, Olympia Park Stadium on 25 July;
- also notes that the EFF continues to grow significantly with the 45 000-seat stadium painted in red, to full capacity;
- acknowledges that tens of thousands of our people from all different parts of the country, who braved the cold celebrated the July 26 economic emancipation movement, the first socialist party in the South African Parliament and the 1,1 million voters who trusted the EFF after less than nine months of its formation;
- recognises the celebration of the mandate, based on the seven non-negotiable cardinal pillars;
- also acknowledges all the concerning matters raised to the CIC, the president of the EEF, president Julius Malema, such as lack of water, lack of sanitation, lack of access to housing and councilors who exchange EPWP jobs for sex, when he visited communities;
- notes that the EFF promised the people that the EFF will bring all these matters, ward by ward, before this House; and
- further acknowledges that, with the current antilife, antiblack, antiworker, corrupt and violent ANC government in a land of opulence, as is the case in this country, poverty is a disgrace and we shall keep on reminding you, shame to you.
In the light of the objection, the motion without notice will now become a notice of a motion.
Ms E N LOUW: Chairperson, on a point of order: When a member is rising to object, the member must rise to say he or she object. That member is sitting there and objecting like that. That is very disrespectful.
CHAIRPERSON OF THE HOUSE (Ms A T Didiza): Thank you, hon member. That is the Rule. It has to apply to everybody. I am sure earlier, other parties done the same.
Mr M P SIBANDE: Chairperson, I move without notice:
That the House -
- notes that Archbishop Emeritus Desmond Tutu has returned for hospital treatment on Tuesday, 28 July 2015, a week after he left a Cape Town hospital following an intensive antibiotics course for an infection;
- acknowledges that his doctors considered it prudent for him to return to hospital for observation, after he expressed renewed discomfort;
- further acknowledges that he will have a few days of bed rest while his medical dream team brings the situation under control and determines the next course of action;
- believes that the Archbishop has a strong character and that he will soon be back in good spirits, rejoining the South African society in his cheerful mood;
- calls for the support of all South Africans and the world to carry him in prayers for his speedy recovery, whilst he is still in hospital; and
- wishes him good health and a speedy recovery.
Agreed to.
Mr M L W FILTANE: Hon Chair, I move without notice on behalf of the UDM:
That the House –
- notes that the South African football club, Orlando Pirates, ‘amathambo’, has maintained its winning momentum as it beat S C Sfaxien by 1-0 at Stade Taieb Mhiri, Tunisia, on 26 July 2015;
- further notes that this win has increased chances for the team to advance to the group stages of the Confederation of African Football (CAF) Confederations Cup;
- congratulates the coach, players and the technical staff for the outstanding performance that they have demonstrated and for keeping the South African flag flying high; and
- wishes the team all the best in the upcoming competition, including the Carling black Label tournament. Watch, Kaizer Chiefs.
Agreed to.
The HOUSE CHAIRPERSON (Ms A T Didiza): I’ve noted that hon Filtane, as he read his motion, had the sign of Orlando Pirates until the end.
Mr A M SHAIK-EMAM: Chairperson, I move without notice on behalf of the NFP:
That the House –
- notes that in the past four months, a total of eight athletes have set 14 outdoor national senior athletics records in 12 events, including seven Olympic disciplines, as follows:
(a) Lebogang Shange, who holds the record for the 3km and 20km walk respectively;
(b) Stephen Mokoka, who holds the record for the 5 000m and 10 000m run respectively;
- L.J. van Zyl, who holds the record for the 200m hurdles;
- Anaso Jobodwana, who holds the record for the 200m sprint;
- Willem Coertzen, who holds the record for the decathlon;
- Wayde van Niekerk, who holds the record for the 300m and 400m sprint respectively; and
(g) Henricho Bruintjies, who holds the record for the 100m sprint;
- further notes that amongst the athletes, Anaso Jobodwana and Wayde van Niekerk have broken the national records for the 200 meters hurdles and 400 meters sprint respectively, twice in their disciplines this year;
- acknowledges that Wayde van Niekerk became the first African athlete to record a time below 44 seconds in the men’s 400m at the International Association of Athletics Federations (IAAF) Diamond League meeting in Paris, setting an African record;
- further acknowledges that Henricho Bruintjies set a new national record in the men’s 100m in Switzerland by shaving 0,01 seconds off the previous South African record of 9,98 held by Simon Magakwe, and in doing so, became only the third South African to break through the 10-second barrier in the 100m sprint;
- congratulates the new South African record-holding athletes on their fine performances; and
- wishes all participating athletes success in their preparation and build up to the World Championships in Beijing next month.
Agreed to.
Ms N V NQWENISO: On a point of order, Chairperson.
The HOUSE CHAIRPERSON (Ms A T Didiza): Sorry, can we address whether there is an objection to the motion.
Ms N V NQWENISO: Okay.
The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Nqweniso, what is your point of order?
Ms N V NQWENISO: I just want to hear you clearly. Did you say the motion of Moss Phakoe was objected to and I want to see the person who objected to it? [Interjections.] No, because no one spoke on Hansard. No one did. So, it is not objected to. Fuck you too!
The HOUSE CHAIRPERSON (Ms A T Didiza): Hon members, order. That motion was objected to and I did say.
Mr N S MATIASE: Madam Chair, I rise on a point of order.
The HOUSE CHAIRPERSON (Ms A T Didiza): What is your point of order?
Mr N S MATIASE: It is on record that a member of the EFF stood up and asked whoever objected should identify himself or herself and that was not done. So, we rise to see that the motion of Comrade Phakoe was not objected to and whoever does so must identify himself or herself. [Interjections.]
The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon members. Can I address you? This matter that is being raised is really indeed a new one. There has never been a requirement for any member to identify himself or herself on objections. Members have always objected – all of us in this House – members would just object seated and we have noted those objections.
Mr N F SHIVAMBU: Chairperson, we want to know who is objecting to the fact that the EFF is going to save the house of Moss Phakoe in the North West. [Interjections.] Who is objecting? These people are not objecting. Let them raise their hands and stand up and say they are objecting to building a house for Moss Phakoe’s family. Who has done so?
The MINISTER OF SMALL BUSINESS DEVELOPMENT: On a point of order, Chair.
The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon member.
Mr N F SHIVAMBU: Can we see that person who is objecting to the building a house for Moss Phakoe’s family? Who is doing so?
The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon member. Hon Shivhambu, can you please take your seat.
Mr N F SHIVAMBU: Can you please give a direction. We want to see who is objecting, please.
The HOUSE CHAIRPERSON (Ms A T Didiza): I have given a direction and if members want this matter as a new matter for discussion about the Rules and the procedures, let them do so in an appropriate place, not in this House. I recognise hon Minister Zulu.
The MINISTER OF SMALL BUSINESS DEVELOPMENT: Hon Chair, I think we’ve just finished discussing something very serious about the Rules. How is it that other members stand up and speak without being given permission to do so? [Interjections.] When others do that, they make noise. Hon Shivambu was never given the permission to speak. He stood up, took the microphone and spoke without you giving him permission to do so.
The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you, hon Minister. I’ve noted your point and indeed, I think all of us, as members, should be respectful of our procedures and Rules. Can I now take further motions without notice?
Mr M N PAULSEN: On a point of order, Chairperson. I don’t think you should allow the ANC to be such cowards and not to say who in the ANC is objecting to saving Moss Phakoe’s house.
The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon member, can you please wait to be addressed. You have risen on a point of order and I’ve not even recognised you, but you are already going ahead and making your point. Can you please take your seat? Hon member, can you please take your seat?
Mr M M DLAMINI: Chairperson, we just want to know who is objecting? We just want to know, that’s all we are asking.
The HOUSE CHAIRPERSON (Ms A T Didiza): Hon members, can you please take your seats?
Mr M M DLAMINI: Yes, but who is this person who is objecting, please? We just want to know. Is that difficult?
The HOUSE CHAIRPERSON (Ms A T Didiza): Hon members, can we please be respectful?
Mr M M DLAMINI: Yes, is that difficult, Chairperson?
The HOUSE CHAIRPERSON (Ms A T Didiza): Can you take your seats?
Mr M M DLAMINI: Am I asking a difficult question?
The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member, there are Rules in this House that must be obeyed. I said members can request a point of order. They will be asked to speak. Can you please take a seat?
Mr M M DLAMINI: Am I asking a difficult question? That’s all I’m asking. Is it difficult? Who is that person? These cowards!
The HOUSE CHAIRPERSON (Ms A T Didiza): Hon members, I think we need to take ourselves and this House seriously. Can I now move ...
Mr M N PAULSEN: On a point of order, Chairperson. Chairperson, you just said now ...
The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon member. What point are you rising on?
Mr M N PAULSEN: Chairperson, you just said we need to take ourselves seriously.
The HOUSE CHAIRPERSON (Ms A T Didiza): What order are you rising on?
Mr M N PAULSEN: Now, the coward in the ANC does not want to stand up and show who he/she is who is objecting to us saving Moss Phakoe’s house? Who is the coward of that side? You said we need to take ourselves seriously, and I think you should start with that side of the House, because they are not taking this seriously. They want to object, but they don’t want to stand up and show who they are.
The HOUSE CHAIRPERSON (Ms A T Didiza): Hon members, I have ruled on this matter. Can we proceed? Are there any further motions without notice?
Mr K Z MORAPELA: Chairperson, with due respect, can I address you, please?
The HOUSE CHAIRPERSON (Ms A T Didiza): What point do you wish to address me on?
Mr K Z MORAPELA: Thank you, Chairperson. Is it that difficult for a member to identify himself or herself who is objecting when the EFF is helping at Moss Phakoe’s house? [Interjections.] Can we, with due respect, just get that particular person?
The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member, can you take your seat? Hon Pandor.
The MINISTER OF SCIENCE AND TECHNOLOGY: Chairperson, normally, when members stand up which the hon Ndlozi has become adept at doing, they indicate which Rule they are rising in order to move a point of order on. Which Rule prescribes the identification as is being proposed in these spurious points of order?
The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you, hon member.
Mr N F SHIVAMBU: Chairperson, just before you rule, can we please address the hon member who just sat down now. I will call hon Madisha to do so on our behalf ...
Mr N F SHIVAMBU: Hon Shivambu.
Mr N F SHIVAMBU: Yes?
The HOUSE CHAIRPERSON (Ms A T Didiza): Can you take your seat?
Mr N F SHIVAMBU: But, Chair, ...
The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Shivambu.
Mr N F SHIVAMBU: ... we are standing on a point of order. It’s allowed to stand on a point of order here to say we don’t think there is an objection there. Can you we be told who has objected to our motion? What is difficult about that?
The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon members. Hon Shivambu, can you take your seat?
Mr N F SHIVAMBU: But, can you please address why the people are objecting to our motion?
The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Shivambu, can you take your seat. Hon members, this point that the hon members of the EFF are rising on, about the identification, I responded and made ...
Ms E N LOUW: Chairperson, on a point of order.
The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Louw, can you take your seat?
Ms E N LOUW: On a point of order.
The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Louw, can you take your seat? I’m addressing ...
Ms E N LOUW: But I’m rising on a point of order.
The HOUSE CHAIRPERSON (Ms A T Didiza): I have not recognised you.
Ms E N LOUW: After that, you gonna recognise me. Thank you.
The HOUSE CHAIRPERSON (Ms A T Didiza): Can you take your seat? Hon members, members of the EFF have continuously raised a point on which I have already ruled. I have said there is no requirement in Rules that a member who objects to a motion must identify himself. I further said if any member would want a new Rule of a procedure to be defined as such, should raise it in an appropriate forum. That closes the matter. Can we please proceed if there are any further motions, because I will not take this one again. Hon Maxon, are you rising on a further motion?
SUSPENSION OF EMPLOYEES OF PARLIAMENTARY PROTECTION SERVICES
(Draft Resolution)
Ms H O MAXON: Yes, Chair, but we are public figures here; we must do things in public. Chair, I move without notice:
That the House –
- notes that the head of the Parliamentary Protection Services, Zelda Holtzman, and her deputy, Motlatsi Mokgatla, have been suspended by Parliament for failing to implement the nonsensical security plan aimed at brutalising members of the EFF;
- further notes that they have been suspended for objecting to the nonprocedural employment of security personnel from the SA Police Service, whose aim is to brutalise the EFF;
- lastly, calls upon the Parliamentary Oversight Authority to convene urgently to reinstate them.
The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon members! I am informed, hon Maxon, that your motion was not circulated as is the rule.
Ms H O MAXON: Madam Chair, this is an urgent motion, because of the seriousness of this matter that is taking place here. We can’t fold our hands if Parliament is victimising our workers. We must protect them.
The HOUSE CHAIRPERSON (Ms A T Didiza): I would advise, hon Maxon, that the motion be submitted accordingly.
PASSING AWAY OF ANC REGIONAL CHAIRPERSON
(Draft Resolution)
Ms L A MNGANGA-GCABASHE: Chairperson, on behalf of the Chief Whip of the Majority Party, I move without notice:
That the House-
- notes with sadness the tragic death of the ANC regional chairperson for the Musa Dladla Region and the Deputy Mayor of the uThungulu District Municipality, Thulani Mashaba, in a car accident on Thursday, 9 July 2015;
- further notes that the two bodyguards he was travelling with from King Shaka International Airport to Richards Bay were injured and hospitalised;
- recognises that Mashaba was a young and energetic leader with immense potential and the objective to serve the people with distinction and dignity;
- also believes that his untimely passing has robbed the ANC and the entire country of a dedicated leader, who had a clear vision of taking the movement and the citizens of this country forward;
- also recognising that his tragic death is a blow to the uThungulu District Municipality and its surrounding areas, given the strategic position he occupied as Deputy Mayor and;
- extends heartfelt condolences to the Mashaba family, his colleagues and friends, and wish the two injured protectors a speedy recovery.
Mr T W MHLONGO: I hereby object to the motion raised by the hon member, because this is about internal squabbles within the ruling party.
The HOUSE CHAIRPERSON (Ms A T Didiza): The motion falls away. The motion without notice will now become a notice of a motion. Are there any further motions without notice?
RETIREMENT OF MR M P MPONTSHANE
(Draft Resolution)
Mr N SINGH: Hon Chairperson, I move without notice:
That the House -
- notes that hon member M P Mpontshane has tendered his resignation from Parliament with effect from tomorrow Friday, 30 July 2015, due to, inter alia, ill health;
- further extends its sincere gratitude and appreciation to Mr Alfred Mkhipheni Mpontshane for his dedicated and diligent service to this Parliament and South Africa over the past 19 years;
- acknowledges that Mr Mpontshane, MP, is a consummate gentleman and leader in his chosen specialisation of basic and higher education and is highly respected in both political and academic circles;
- further acknowledges that Mr Mpontshane ably served on the Portfolio Committees of Basic Education, Higher Education and Training, Water and Sanitation, and State Security during his busy tenure at Parliament;
- also notes that through his exemplary conduct, leadership skills and high work ethics, he very capably held the position of Deputy Chief Whip of the IFP; and
- lastly, thanks the hon Mpontshane for his loyalty, dedication to and support for this Parliament in the interests of building a better South Africa for all.
[Applause.]
The HOUSE CHAIRPERSON (Ms A T Didiza): Hon members, when members retire from Parliament, it is customary that we provide an opportunity to say farewell. In this instance, it has not been possible for us to arrange such an opportunity. I have been approached to allow parties that wish to do so, an opportunity to say a few words of farewell to the hon Mpontshane. I now recognise the parties. The DA.
Mr J R B LORIMER: Madam Chair, on behalf of the DA Whippery and the DA, I would like to thank hon Mpontshane for his extended years of service to the House and to the people of South Africa. I would further like to say that when he is back home in his Zululand constituency, if he ever misses us too much he can always turn on channel 408, and understand and remember why he left. Thank you very much.
Mr N F SHIVAMBU: As the EFF we want to say farewell to hon Mpontshane. He is an hon member and one of the few who deserved to be called an hon member. He is respectful, he engages with issues and he was not petty. He was always consistent in whatever he stood for and he is not ashamed of what he stands for. He is an hon member.
We wish him well in the future, in his life and in his family. He must grow stronger in his health and contribute further to the political discourse of South Africa wherever he is going to be doing such. Farewell, Mpontshane! [Applause.]
Mrs C DUDLEY: The ACDP would like to wish our colleague, hon Mpontshane, everything of the best as he dares to find out, in the words of the late hon Ambrosini, whether there is indeed life after Parliament and what it will be. We will be praying for your speedy recovery, good health and happiness in whatever you choose to do going forward. We appreciate you and all that you have contributed through your work at Parliament and more broadly as a leader in our nation.
I am sad to have to say goodbye to a colleague and friend of 16 plus years; another reminder of how the years have flown while we have been focused on the issues of nation-building and achieving a better life for the people of South Africa. I will always remember the time we spent in the year 2000 as members of the parliamentary delegation to Zimbabwe to oversee the elections; the work we did in 2007 as part of the Education Portfolio Committee on the study tour to China; and of course the many oversight trips and committee meetings of the Education Portfolio Committee over the years. We really should have taken more time to have coffee though.
Go well, my friend. I pray that God will bless and keep you, and give you the desires of your heart. [Applause.]
Mr M L W FILTANE: Hon Chair, there is a time to come; there is a time to go. Through the times, hon Mpontshane has seen both. It was a time of transition and it was a time when South Africa needed men of his stature. He was able to withstand it all and he is leaving this House with a clean bill of performance. We salute him and the party from which he comes that had the confidence to assign him the responsibility of coming to Parliament to pay his dues to the country that is needy of such people.
The UDM would like to be on record as having said that we appreciate so much his wonderful work and his steadfastness throughout the testing times. Fare thee well, my friend. [Applause.]
Prof N M KHUBISA: Madam Chair, the NFP would like to say farewell to the hon Mpontshane. He has been a passionate scholar, teacher, former school principal and former inspector of schools.
I remember quite vividly when we were still lecturers how he would come for inspection but would be tempted by the board and chalk, and he would find himself going into the lecture hall to teach. He has indeed been a scholar and he has contributed a lot, especially in education. He is a very passionate educationist.
We want to hope that as he rests, he will find time to rest with his family but also go to St Lucia and do a bit of fishing because he has been in the hustle and bustle of politics. We wish you all the best, sir. Thank you very much.
The MINISTER OF SCIENCE AND TECHNOLOGY: House Chairperson, I rise on behalf of the ANC to wish the hon Mpontshane well on his retirement from Parliament. It is indeed a pleasure to wish such a member well.
The hon member will be recalled in this House as having fully understood and executed his role as a representative of the people. I recall him as a very active Whip and a member of the education committee from 1996 I think it was, during his service in Parliament. Though his concerns went too often toward the University of Zululand and Mangosuthu Buthelezi Technikon, I do believe that he will be remembered in this House as Mr National Student Financial Aid Scheme, NSFAS.
He has been a true representative of the people; exercising his parliamentary duties with due regard to upholding the rules of Parliament and respecting the rights of all members. I think I’m correct in that I don’t recall him insulting any person in this House during his 16 years of service. [Applause.] Yet, he posed challenging questions to the executive and contributed to a wide range of parliamentary work, overseeing and supporting many policy initiatives from the government of Mr Mandela, through to Mr Mbeki and up until the current government of Mr Zuma. He supported initiatives and played a role in there coming into life, such as initiatives undertaken by the ANC-led Government of National Unity and subsequently by the ANC government.
He leaves Parliament having been part of crafting a democratic national Constitution; he leaves Parliament having been part of introducing 10 years of compulsory education for all children of our country for the first time in our history; he leaves Parliament having been part of expanding access to higher education through NSFAS which today provides R9 billion to needy talented young people of our country; and he leaves Parliament having supported thousands of other changes that have fundamentally altered the character of our society and the lives of our people.
So, hon Mpontshane, when you are asked what have you done, you have a long list of honour. We wish you well in your retirement. [Applause.]
The HOUSE CHAIRPERSON (Ms A T Didiza): If there are no objections ... hello? Hon Singh?
Mr N SINGH: Hon House Chairperson, I would beg your indulgence so that hon Mpontshane can respond.
Mr A M MPONTSHANE: Thank you ... [Applause.] ... thank you ... thank you very much.
The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you, hon members. Hon Mpontshane?
Mr A M MPONTSHANE: House Chairperson, naturally I am a very shy person, more so when it concerns my retirement. However, I am humbled by the messages of support and appreciation today.
I wish to take this opportunity to thank my leader, Prince Mangosuthu Buthelezi and my party for having afforded me this opportunity to serve my nation in my capacity as a Member of Parliament in this august House. Furthermore, I wish to thank all my colleagues on both sides of the House, for I have made many special friendships and bonds which will last a lifetime. I also extend my appreciation to the Speaker, other Presiding Officers and the staff of Parliament at large.
As I depart here today after having served for almost 20 years, I feel a lump in my throat. As I say goodbye to each one of you today, be assured that my life’s work of serving our people will continue. [Applause.] Biblically speaking, my spirit is willing but my body is now weak, which is the reason I am retiring. However, you see colleagues, I’m already on retirement as I have traded my suit for an old man’s coat, as you can see. Goodbye everybody. [Applause.]
The HOUSE CHAIRPERSON (Ms A T Didiza): Order hon members, can we take our seats?
Hon Mpontshane, the Presiding Officers also wish to take this opportunity to wish you well in your retirement and we hope that you will continue to have a moment to pursue the work that this Parliament is executing, even in your retirement. As other members have said, in St Lucia you will also have a lake from which to fish. We would like to thank you for the service you have given to the people of South Africa. [Applause.]
Hon members, that was the last motion without notice. This motion concluded ... Hon Nqweniso, that was the last motion. Why are you rising?
Ms N V NQWENISO: [Inaudible.]
The HOUSE CHAIRPERSON (Ms A T Didiza): I’m sorry but we have already concluded. That was the last motion for the day.
Motion accordingly agreed to.
The House adjourned at 16:49.
__________
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
THURSDAY, 25 JUNE 2015
ANNOUNCEMENTS
National Assembly
The Speaker
- Membership of Committees
(a) The following changes to Committee membership have been made by the Democratic Alliance:
Ad Hoc Committee to consider the report by the Minister of Police in reply to recommendations in the Report of Ad Hoc Committee to Consider the Report by the President regarding Security upgrades at the Nkandla Private Residence of the President
Appointed: Steenhuisen, Mr JH (Voting Member) [Alternate]
Portfolio Committee on Defence and Military Veterans
Discharged: Maynier, Mr DJ
Appointed: Marais, Mr SJF
Portfolio Committee on Economic Development
Discharged: Marais, Mr SJF
Appointed: Cardo, Dr MJ
Standing Committee on Finance
Discharged: George, Dr DT
Ross, Mr DC
Appointed: Maynier, Mr DJ
Lees, Mr RA
Committee on Public Accounts
Discharged: Lees, Mr RA
Appointed: Ross, Mr DC
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Environmental Affairs
- General Notice No 44, published in Government Gazette No 38395, dated 15 January 2015: Norms and Standards for the translocation of indigenous species in South Africa, in terms of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004).
- General Notice No 16, published in Government Gazette No 38388, dated 16 January 2015: Draft Research Regulations, in terms of the National Environmental Management Integrated Coastal Management Act, 2008 (Act No 24 of 2008).
- General Notice No 83, published in Government Gazette No 38436, dated 30 January 2015: Bioprospecting Permit Application, in terms of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004).
- General Notice No 84, published in Government Gazette No 38438, dated 2 February 2015: National Pricing strategy for Waste Management Charges, in terms of the National Environmental Management: Waste Act, 2008 (Act No 59 of 2008).
- General Notice No 130, published in Government Gazette No 38472, dated 13 February 2015: Amendment to the list of waste management activities that have , or are likely to have a detrimental effect on the environment, in terms of the National Environmental Management: Waste Act, 2008 (Act No 59 of 2008).
- General Notice No 208, published in Government Gazette No 38543, dated 6 March 2015: Proposed Regulations regarding fees for the provision of Aviation Meteorological Services, in terms of the South African Weather Service Act, 2001 (Act No 8 of 2001).
- Government Notice No R. 205, published in Government Gazette No 38559, dated 12 March 2015: National Appeal Amendment Regulations, in terms of the National Environmental Management Act, 1998 (Act No 107 of 1998).
- General Notice No 351, published in Government Gazette No 38706, dated 17 April 2015: Biodiversity Management Plan for African Lion (Panthera Leo), in terms of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004).
- General Notice No 364, published in Government Gazette, No 38707, dated 24 April 2015: Draft Waterberg Bojanala Priority Area Air Quality Management Plan, in terms of the National Environmental Management: Air Quality Act, 2004 (Act No 39 of 2004).
2. The Minister of Trade and Industry
(a) Additional Protocol to the Trade, Development and Cooperation Agreement (TDCA) between the European Community (EC) and its member states of the one part, and the Republic of South Africa, of the other part, to take account of the Accession of the Republic of Croatia to the European Union, tabled in terms of section 231(2) of the Constitution, 1996.
(b) Explanatory Memorandum to the Additional Protocol to the Trade, Development and Cooperation Agreement (TDCA) between the European Community (EC) and its member states of the one part, and the Republic of South Africa, of the other part, to take account of the Accession of the Republic of Croatia to the European Union.
(c) Government Notice No 359, published in Government Gazette, No 38735, dated 30 April 2015: Amendments to the Compulsory Specification for Circuit-Breakers (VC8036), in terms of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
(d) General Notice No 396, published in Government Gazette No 38764, dated 5 May 2015: Amendment Codes of Good Practice, in terms of the Broad-Based Black Economic Empowerment Act, 2013 (Act No 46 of 2013).
(e) General Notice No 407, published in Government Gazette No 38765, dated 6 May 2015: Amendment of Code Series 400, Statement 400-Add 9 fifth criterion for the empowering supplier, in terms of the Broad-Based Black Economic Empowerment Act, 2013 (Act No 46 of 2013).
(f) General Notice No 408, published in Government Gazette No 38766, dated 6 May 2015: Statement 003: Amended guidelines for developing and gazetting of sector codes, in terms of the Broad-Based Black Economic Empowerment Act, 2013 (Act No 46 of 2013).
(g) General Notice No 416, published in Government Gazette No 38791, dated 15 May 2015: Department of Trade and Industry: Invitation for the public to comment on the National Gambling Policy.
(h) General Notice No 446, published in Government Gazette No 38808, dated 20 May 2015: Invitation to the public to comment on the National Liquor Policy, in terms of the Liquor Act, 2003 (Act No 59 of 2003).
COMMITTEE REPORTS
National Assembly
Please see pages 2557-2558 of the ATCs.
Please see pages 2559-2581 of the ATCs.
Please see pages 2581-2588 of the ATCs.
FRIDAY, 26 JUNE 2015
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Bills passed by Houses – to be submitted to President for assent
- Bills passed by National Council of Provinces on 26 June 2015:
- Eskom Special Appropriation Bill [B 16 – 2015] (National Assembly – sec 77).
- Eskom Subordinated Loan Special Appropriation Amendment Bill (2008/09-2010/11 Financial Years) [B 17 – 2015] (National Assembly – sec 77).
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Finance
- Draft regulations, submitted on 26 June 2015, in terms of section 107(2)(a)(vi) of the Financial Markets Act, 2012 (Act No 19 of 2012).
- Report and Financial Statements of the South African Reserve Bank for 2014-15, including the Report of the Independent Auditors on the Financial Statements for 2014-15.
COMMITTEE REPORTS
National Assembly
Please see pages 2601-2620 of the ATCs.
THURSDAY, 2 JULY 2015
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Assent by President in respect of Bills
- Banks Amendment Bill [B 17B – 2014] – Act No 3 of 2015 (assented to and signed by President on 25 June 2015).
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Finance
- Corporate Plan of the South African Airways SOC Limited (SAA) for 2015.
MONDAY, 6 JULY 2015
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Assent by President in respect of Bills
- Eskom Special Appropriation Bill [B 16 – 2015] – Act No 7 of 2015 (assented to and signed by President on 3 July 2015).
- Eskom Subordinated Loan Special Appropriation Amendment Bill (2008/09-2010/11 Financial Years) [B 17 – 2015] – Act No 6 of 2015 (assented to and signed by President on 3 July 2015).
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Trade and Industry
(a) Government Notice No 359, published in Government Gazette, No 38735, dated 30 April 2015: Amendments of the Compulsory Specification for Small Arms Shooting Ranges: VC 9088, in terms of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
THURSDAY, 9 JULY 2015
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
- Assent by President in respect of Bills
- Financial and Fiscal Commission Amendment Bill [B 1B – 2015] – Act No 4 of 2015 (assented to and signed by President on 3 July 2015).
- Criminal Law (Sexual Offences and Related Matters) Amendment Bill Amendment Bill [B 18B – 2014 (Reprint)] – Act No 5 of 2015 (assented to and signed by President on 3 July 2015).
TABLINGS
National Assembly and National Council of Provinces
- The Minister of Agriculture, Forestry and Fisheries
- Revised Strategic Plan of the Department of Agriculture, Forestry and Fisheries for 2015‑16 to 2019‑20.
- Revised Annual Performance Plan of the Department of Agriculture, Forestry and Fisheries for 2015‑16 to 2019‑20.
- The Minister of Police
- Funding Agreement between the Government of the Republic of South Africa and the United Nations Inter Regional Crime and Justice Research Institute, tabled in terms of section 231(3) of the Constitution of the Republic of South Africa.
- Annexure to Funding Agreement between the Government of the Republic of South Africa and the United Nations Inter Regional Crime and Justice Research Institute.
- Proclamation No 40, published in Government Gazette No 36857, dated 20 September 2013: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 41, published in the Government Gazette No 36857, dated 20 September 2013: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 38, published in the Government Gazette No 36846, dated 18 September 2013: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 51, published in the Government Gazette No 37024, dated 14 November 2013: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 53, published in the Government Gazette No 37024, dated 14 November 2013: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 50, published in the Government Gazette No 37024, dated 14 November 2013: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 52, published in the Government Gazette No 37024, dated 14 November 2013: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 54, published in the Government Gazette No 37114, dated 10 December 2013: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 55, published in the Government Gazette No 37114, dated 10 December 2013: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 56, published in the Government Gazette No 37114, dated 10 December 2013: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 58, published in the Government Gazette No 37152, dated 18 December 2013: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 16, published in the Government Gazette No 37410, dated 6 March 2014: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 17, published in the Government Gazette No 37410, dated 6 March 2014: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 22, published in the Government Gazette No 37540, dated 8 April 2014: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 23, published in the Government Gazette No 37540, dated 8 April 2014: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 24, published in the Government Gazette No 37540, dated 8 April 2014: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 36, published in the Government Gazette No 37709, dated 11 June 2014: Notification by President in respect of emnities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 39, published in the Government Gazette No 37758, dated 20 June 2014: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 64, published in the Government Gazette No 38011, dated 22 September 2014: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 74, published in the Government Gazette No 38220, dated 18 November 2014: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 75, published in the Government Gazette No 38220, dated 18 November 2014: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 81, published in the Government Gazette No 38286, dated 5 December 2014: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 82, published in the Government Gazette No 38286, dated 5 December 2014: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 85, published in the Government Gazette No 38287, dated 5 December 2014: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 6, published in the Government Gazette No 38473, dated 18 February 2015: Notification by President in respect of emnities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 22, published in the Government Gazette No 38795, dated 15 May 2015: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- Proclamation No 23, published in the Government Gazette No 38795, dated 15 May 2015: Notification by President in respect of entities identified by the United Nations Security Council, made in terms of section 25 of the Protection of Constitutional Democracy Against Terrorist and Related Activities, 2004 (Act No 33 of 2004) and tabled in terms of section 26 of the Act.
- The Minister of Trade and Industry
- Additional Protocol to the Trade, Development and Cooperation Agreement between the Republic of South Africa, of the One Part, and the European Community and Its members States of the Other Part, to take account of the Accession of the Republic of Croatia to the European Union, tabled in terms of section 231(2) of the Constitution, 1996.
- Explanatory Memorandum to the Additional Protocol.
National Assembly
- The Speaker
- Petition from residents of Wards 24, 25, 26, 27 and 34 of Tzaneen calling for improved water supply, submitted in terms of Rule 312 (Ms E R Wilson).
THURSDAY, 16 JULY 2015
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Assent by President in respect of Bills - correction
- Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Bill [B 18B – 2014 (Reprint)] – Act No 5 of 2015 (assented to and signed by President on 3 July 2015).
The above announcement replaces the announcement contained in the ATC of 9 July 2015.
National Assembly
The Speaker
- Submission by Chief Justice of list of candidate for filling of vacancy in Electoral Commission
- A letter dated 24 June 2015 has been received from the Chief Justice of the Republic of South Africa, submitting a list of eight (8) candidates and their abbreviated curricula vitae in terms of section 6(4) of the Electoral Commission Act of 1996 (Act No 51 of 1996), and requesting the Assembly to recommend a candidate to the President of the Republic for appointment to the Electoral Commission.
Referred to the Portfolio Committee on Home Affairs for consideration and report.
TABLINGS
National Assembly and National Council of Provinces
1. The Speaker and the Chairperson
(a) Report of the Auditor-General on the Special audit of the rural household infrastructure grant and rural household infrastructure programme [RP 206-2015].
2. The Minister of Social Development
(a) Report and Financial Statements of the Central Drug Authority (CDA) for 2013-14 [RP 247-2015].
3. The Minister of Trade and Industry
(a) Memorandum of Understanding (MOU) on Economic and Trade Cooperation between the Government of the Republic of South Africa and Government of the Republic of Zimbabwe, tabled in terms of section 231(3) of the Constitution, 1996.
(b) Explanatory Memorandum on the Memorandum of Understanding (MOU) on Economic and Trade Cooperation between the Government of the Republic of South Africa and Government of the Republic of Zimbabwe.
Please note: The following entry replaces item 1(a) under Tablings in the Announcements, Tablings and Committee Reports (ATC) in the name of the Minister of Trade and Industry published in ATC of 6 July 2015, on page 2624:
(a) Government Notice No 518, published in Government Gazette, No 38877, dated 19 June 2015: Amendments of the Compulsory Specification for Small Arms Shooting Ranges: VC 9088, in terms of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
National Assembly
- The Speaker
- Letter from the Minister of Social Development dated 27 June 2015, to the Speaker of the National Assembly explaining the reasons for the delay in the tabling of the Annual Report of the Central Drug Authority for 2013-14.
EXPLANATION ON THE LATE TABLING OF THE CENTRAL DRUG AUTHORITY 2013/2014 ANNUAL REPORT IN PARLIAMENT
In terms of section 53(11)(a)(b) of the Prevention of and Treatment for Substance Abuse Act (Act, 70 of 2008), The Executive must table the Central Drug Authority (CDA) report in the National Assembly.
In addition hereto, the Public Finance Management Act, Act No.1 of 1999, as amended, requires in terms of section 65(1)(a) the Executive to table the Central Drug Authority Annual Report in the National Assembly. Subsection (2)(a) further requires the Executive to table a written explanation to Parliament explaining circumstances for the delay in tabling such a report within six months from the end of the financial year.
In that regard, I would like to inform Parliament that the delay in tabling the CDA Annual Report (2013/14) is as a result of late submission of reports by other government departments, which are critical in the implementation of the National Drug Master Plan.
The CDA Annual Report for 2013/2014 is hereby submitted for tabling and I trust that this explanation will be received favourably in the National Assembly.
Enclosed herewith is a copy of the 2013/2014 Annual Report for official tabling.
Yours sincerely
MS B O DLAMINI, MP
MINISTER OF SOCIAL DEVELOPMENT
COMMITTEE REPORTS
National Assembly
Please see pages 2641-2656 of the ATCs.
Please see pages 2657-2678 of the ATCs.
Please see pages 2679-2699 of the ATCs.
THURSDAY, 23 JULY 2015
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Draft Bills submitted in terms of Joint Rule 159
- Promotion and Protection of Investment Bill, 2015, submitted by the Minister of Trade and Industry.
Referred to the Portfolio Committee on Trade and Industry and the Select Committee on Trade and International Relations.
COMMITTEE REPORTS
National Assembly
- Report of the Portfolio Committee on Transport on the Merchant Shipping Amendment Bill [B 12 – 2015] (National Assembly – sec 75), dated 21 July 2015:
The Portfolio Committee on Transport, having considered the subject of the Merchant Shipping Amendment Bill [B 12 – 2015] (National Assembly – sec 75), referred to it and classified by the JTM as a section 75 Bill, reports the Bill without amendment.
Report to be considered.
MONDAY, 27 JULY 2015
ANNOUNCEMENTS
National Assembly and National Council of Provinces
1. Assent by President in respect of Bills
- Appropriation Bill [B 6 – 2015] – Act No 8 of 2015 (assented to and signed by President on 24 July 2015).
National Assembly
The Speaker
The Speaker and the Chairperson
1. Introduction of Bills
- The Minister of Trade and Industry
- Promotion and Protection of Investment Bill [B 18 – 2015] (National Assembly – proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 39009 of 22 July 2015.]
Introduction and referral to the Portfolio Committee on Trade and Industry of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.
In terms of Joint Rule 154 written views on the classification of the Bills may be submitted to the JTM. The Bills may only be classified after the expiry of at least three parliamentary working days since introduction.
WEDNESDAY, 29 JULY 2015
TABLINGS
National Assembly and National Council of Provinces
1. The Speaker and the Chairperson
- Education Sector Report 2013-14 of the Auditor-General South Africa – July 2015 [PR 204-2015].
COMMITTEE REPORTS
National Assembly
Please see pages 2705-2708 of the ATCs.
THURSDAY, 30 JULY 2015
ANNOUNCEMENTS
National Council of Provinces
The Chairperson
- Message from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council
- Bill passed by National Assembly and transmitted for concurrence on 30 July 2015:
- Merchant Shipping Amendment Bill [B 12 – 2015] (National Assembly – sec 75).
The Bill has been referred to the Select Committee on Economic and Business Development of the National Council of Provinces.
- Membership of Committees
(a) The following changes have been made to Select Committees:
Select Committee on Economic and Business Development
(Economic Development, Energy, Labour, Transport, Public Works and Small Business Development)
Appointed: Hon. Ms Z. Ncitha (ANC: Eastern Cape)
Resigned: Hon. Mr. L. Suka (ANC: Eastern Cape)
Appointed as an alternate: Hon Ms. N. Mokgosi (EFF:
Northern Cape)
Resigned: Hon. Mr. M. A. Matebus (EFF: Northern Cape)
Select Committee on Trade and International Relations
(Trade and Industry, Tourism and International Relations)
Appointed: Hon. Ms Z. Ncitha (ANC: Eastern Cape)
Resigned: Hon. Mr. L. Suka (ANC: Eastern Cape)
Appointed as an alternate: Hon Ms. N. Mokgosi (EFF:
Northern Cape)
Resigned: Hon. Mr. M. A. Matebus (EFF: Northern Cape)
Select Committee on Land and Mineral Resources
(Agriculture, Forestry and Fisheries, Rural Development and Land Reform, Environmental Affairs and Mineral Resources)
Appointed: Hon Ms. N. Mokgosi (EFF: Northern Cape)
Resigned: Hon. Mr. M. A. Matebus (EFF: Northern Cape)
Select Committee on Communications and Public Enterprises
(Communications, Telecommunications and Postal Services, Science and Technology and Public Enterprises)
Appointed: Hon Ms. N. Mokgosi (EFF: Northern Cape)
Resigned: Hon. Mr. M. A. Matebus (EFF: Northern Cape)
Select Committee on Finance
Appointed as an alternate: Hon Ms. N. Mokgosi (EFF: Northern Cape)
Resigned: Hon. Mr. M. A. Matebus (EFF: Northern Cape)
Select Committee on Appropriations
Appointed as an alternate: Hon Ms. N. Mokgosi (EFF: Northern Cape)
Resigned: Hon. Mr. M. A. Matebus (EFF: Northern Cape)
TABLINGS
National Assembly
- The Speaker
- Petition from backyard dwellers of PHomolong Wards 12 and 13, Ekurhuleni Metropolitan Municipality, calling for assistance in acquiring social housing, submitted in terms of Rule 312 (Mr M Waters).