Hansard: NA: Unrevised hansard

House: National Assembly

Date of Meeting: 04 Aug 2015

Summary

No summary available.

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Minutes

TUESDAY, 04 AUGUST 2015

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PROCEEDINGS OF THE NATIONAL ASSEMBLY

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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.

 

WELCOME OF NEW MEMBER

 

(Announcement)

 

THE DEPUTY SPEAKER: Hon members, I wish to announce that the vacancy that occurred in the National Assembly, owing to the resignation of Mr A M Mpontshane, has been filled by the nomination of Inkosi R N Cebekhulu, with effect from 1 August 2015. The hon member made and subscribed to the oath and solemn affirmation in the Deputy Speaker’s office. I would like to welcome the hon member, once more.

NOTICES OF MOTION

 

Ms V BAM-MUGWANYA: 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 possible ways of and obstacles to securing suitable and affordable land for the integration of all communities closer to working areas or in the current suburbs to practically eliminate the legacy of apartheid settlement patterns.

 

THE LEADER OF THE OPPOSITION: 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 sections 1 and 2 of the Constitution, which declare that the state is founded on the supremacy of the Constitution and the rule of law;

 

(2)        further notes section 165 of the Constitution, which declares the independence and authority of the judiciary as a separate branch of the state;

(3)        acknowledges the President’s constitutional duties to uphold the law and the Constitution, specifically sections 83(a) and 85 of the Constitution and the President’s oath of office in Schedule 2 of the Constitution;

 

(4)        further acknowledges the Rome Statute of the International Criminal Court, section 231(4) of the Constitution, the Implementation of the Rome Statute of the International Criminal Court Act of 2002, the warrant of arrest issued to South Africa by the International Criminal Court for the arrest of the Sudanese president, Omar Al-Bashir, the interim order of the North Gauteng High Court on 14 June 2015, the court order of the North Gauteng High Court on 15 July, and the judgment of the North Gauteng High Court on 23 June 2015;

 

(5)        establishes, in terms of National Assembly Rule 214(1)(a), an ad hoc committee to—

 

(a)        inquire into the circumstances surrounding the departure of Omar Al-Bashir from the Republic on 15 June 2015;

 

(b)        inquire into the failure of the executive to prevent Omar Al-Bashir from leaving the Republic;

 

(c)        inquire into the failure of the executive to take steps to arrest Omar Al-Bashir while he was in the Republic;

 

(d)        establish whether, following the findings of the North Gauteng High Court, President Zuma, as head of the executive, in terms of the Constitution, specifically sections 83(a) and 85, and the President’s oath of office in Schedule 2 of the Constitution, in failing to arrest Omar Al-Bashir while he was in the Republic, seriously violated the law and the Constitution;

 

(e)        recommend to the House whether President Zuma should be removed from office in terms of section 89(1)(a) of the Constitution;

 

(f)         consist of 11 members, as follows: ANC, 6; DA, 3; EFF, 1; and other parties, 1;

 

(g)        exercise the powers in Rule 138 it may deem necessary for the performance of its task; and

 

(h)      report to the National Assembly on 24 September 2015.

 

Dr M J CARDO: 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 status of the National Infrastructure Plan and progress on government’s promised R4 trillion infrastructure spend in light of ongoing challenges to the implementation of the National Development Plan.

 

Ms D P MANANA: 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 engagement of the black capitalist class as a necessary force in the development and transformation of small and medium businesses in the fight to address inequality, unemployment and poverty.

 

Mr S A TLEANE: 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 and means of assisting people in lightning-prone areas to install lightning conductors, especially in provinces that are known to regularly have heavy storms that kill and injure 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 need for a swift and radical programme of land redistribution for equitable agricultural development that entails expropriating land for agricultural development without compensation.

 

Mr S G MMUSI: 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 lack of transformation and the failure to meet employment equity targets in the workplace, as confirmed by the employment equity statistics, recently.

 

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 need for a better trained, better equipped and fairly remunerated police service as a means of preventing the killing of police officers by criminals in South Africa.

 

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 the House debates the need to improve the qualifications and salaries of Grade R teachers.

 

Mr A M MATHLOKO: 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 progress made over the past 20 years to emancipate women from social, religious and economic oppression.

 

Ms L L VAN DER MERWE: 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 cancer of golden handshakes given to failed and underperforming executives of state-owned enterprises, SOEs, and the need to end this deplorable practice, which rewards gross incompetence and amounts to nothing more than the abuse of taxpayers’ money.

 

Ms D CARTER: Deputy Speaker, I give notice that I shall move at the next sitting of the House on behalf of Cope:

 

That the House debates the danger of government converting short-term loans now due for payment into long-term loans, which will saddle today’s youth with yesteryear’s debt.

 

NOTICES OF MOTIONS

 

REV K R J MESHOE: Deputy Speaker, I give notice that I shall move at the next sitting of the House on behalf of the ACDP:

 

That the House debates ways to prevent the exploitation of foreign nationals who work as car guards, and are expected to pay a daily fee of R50 before they are allowed to work on any business property, when, on some days, they earn less than the required daily fee of R50.

 

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 segregation and discrimination in the workplace by the private sector while they benefit from huge government contracts.

 

Mr N SINGH: 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 high number of government officials and those within public entities with proven falsified educational qualifications, but who yet still hold senior positions within these institutions.

 

Mr M S MALATSE: 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 disproportionate match fees that national sport federations pay to female national team players in comparison to their male counterparts.

 

Ms E N 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 the use of Parliament by the majority party:

1. to shield the leaders of the ruling party from scrutiny;

 

1. to punish those in the opposition who do not sing their tune; and

 

1. to render the practice of our constitutional democracy futile.

 

Ms D ROBINSON: Deputy Speaker, I give notice that I shall move at the next sitting of the House on behalf of the DA:

 

That the House, in the absence of any real plan of action by the Minister of Women, debates the protection of women and girls against violence and rape as well as propose solutions to streamline and empower agencies to support women in their ongoing plight.

 

Mr S P MHLONGO: 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 continuing abuse of power for personal aggrandizement by the family and those closer to President Zuma, as evidenced by the recent court interdict obtained by the KwaZulu-Natal MEC to stop President Zuma’s taxi boss nephew from harassing other taxi operators.

 

DEATH OF SOUTH AFRICAN LITERARY GREAT PROF T T CLOETE

 

(Draft Resolution)

 

Dr P W A MULDER: Mnr die Adjunkspeaker, die VF Plus stel voor:

 

Dat die Raad –

 

1. kennis neem van die afsterwe van prof T T Cloete verlede week op 29 Julie in Potchefstroom;

 

1. verder kennis neem dat-

 

1. prof Cloete as literator, kritikus, digter, dramaturg, prosaskrywer en psalmverwerker oor die jare ’n besondere reputasie in Suid-Afrika, maar ook internasionaal, opgebou het wat deur die internasionale reaksie ná sy dood bevestig word;

 

1. prof Cloete byna al die literêre pryse in Suid-Afrika ontvang het vir sy kreatiewe werk, soos die belangrikste prys vir Afrikaanse literatuur, die Hertzogprys, wat twee keer aan hom toegeken is;

 

1. hy as akademikus bykans 200 akademiese publikasies, boeke, monografieë en artikels geskryf het en hiervoor onder meer die Gustav Prellerprys en die Pieter van Drimmelenprys ontvang het;

 

1. hy op 56-jarige ouderdom sy eerste digbundel laat verskyn het en in die laaste tydperk van sy lewe primer as digter bekend was, terwyl 10 digbundels in hierdie tyd verskyn het, sy poësie allerweë baie hoog aangeslaan word en die Hofmeyrprys al drie keer aan hom toegeken is en hy onder meer ook ’n ontvanger van die Ingrid Jonkerprys was;

 

1. prof Cloete 10 jaar lank aktief gewerk het aan die omdigting van die Bybel se Psalms waarvoor hy groot lof en die Andrew Murrayprys ontvang het;

 

1. behalwe vir die talle toekennings wat prof Cloete van kulturele organisasies ontvang het, die President se Orde vir Voortreflike Diens in Goud ook aan hom toegeken is;
2. die stadsraad van Potchefstroom in 2002 ’n spesiale  toekenning aan hom gemaak het en dat die Noordwes-onderwysdepartement in 2004 die Pioneer and Education Award, hulle hoogste toekenning, aan hom gemaak het;

 

1. prof Cloete as bekroonde digter, bybelvertaler, letterkundige en wetenskaplike navorser gehuldig word vir die groot rol wat hy gespeel het in Suid-Afrika en ook veral in die ontwikkeling van die Afrikaanse taal; en

 

1. sy simpatie en meelewing met die familie van prof Cloete uitspreek. (Translation of Afrikaans draft resolution follows.)

 

[That the Council –

 

1. notes the death of prof T T Cloete last week on 29 July in Potchefstroom;

 

1. further notes that –

 

1. as literary person, critic, poet, playwright, prose writer and psalm composer, prof Cloete had over the years built a strong reputation in South Africa, but also internationally, which has been confirmed by the international reaction after his death;

 

1. prof Cloete has won almost all the literary prizes in South Africa for his creative work, such as the most important prize for Afrikaans literature, the Hertzog prize, which he had received twice;

 

1. as academic, he had published almost 200 academic publications, books, monographs and articles, and had been awarded, amongst other things, the Gustav Preller prize and the Pieter van Drimmelen prize;

 

1. he published his first volume of poetry at the age of 56, and that during the last period of his life, he was primarily known as a poet, that 10 volumes of poetry were published during this time, that his poetry is widely held in high regard, that the Hofmeyr prize had been awarded to him three times and that he was, amongst other things, also a recipient of the Ingrid Jonker prize;

 

1. prof Cloete worked on the versification of the Bible’s Psalms for 10 years, for which he received great acclaim and won the Andrew Murray prize;

 

1. apart from the many awards that prof Cloete received from cultural organisations, he was also awarded the President’s Order for Meritiorus Service in Gold;

 

1. the city council of Potchefstroom awarded him with a special award in 2002 and that the North West Education Department awarded him with the Pioneer and Education Award, their highest award;

 

1. prof Cloete is recognized, as award winning poet, Bible translator, literary person and scientific researcher, for the big role that he played in South Africa, and especially in the development of the Afrikaans language; and

 

1. expresses its sympathy and condolences with the family of prof Cloete.]

 

The DEPUTY SPEAKER: If there are no objections, I put the motion. [Interjections.]

An HON MEMBER: We object, Deputy Speaker, to whatever the hon member says.

 

The DEPUTY SPEAKER: Okay. As a result, the motion without notice will become a notice of a motion.

 

PASSING AWAY OF RENOWNED PHILOSOPHER JOHAN DEGENAAR

 

(Draft Resolution)

 

Dr W G JAMES: Deputy Speaker, I move without notice:

 

That the House -

 

1. notes that Johan Degenaar, one of South Africa’s greatest philosophers, sadly passed away at the age of 89 on Wednesday, 22 July 2015;

 

1. recalls that Degenaar taught at and was associated with the University of Stellenbosch from 1949 until his retirement in 1991;

 

1. also recalls that Degenaar wrote on the ethical dilemmas of South African society and was an outspoken critic of apartheid;

 

1. further recalls that after clashes with the Dutch Reformed Church, he had to leave the Philosophy Department and was made head of the Department of Political Philosophy;

 

1. also acknowledges that Degenaar was primarily concerned with the works of Soren Kierkegaard, Albert Camus and Martin Heidegger;

 

1. further acknowledges that he received the Stalsprys, the N P van Wyk Louw Medal in 1998, and in 2004 the Order of Ikhamanga for his "excellent contribution to philosophy and literature, his intellectual honesty and principled role in the broad struggle to resist conformity to the apartheid ideology";

 

1. further acknowledges that he questioned the 20th century ideologies of nationalism, of liberalism and of socialism and investigated the feasibility of our becoming a pluralistic democracy in South Africa;
2. further noting that he moved in the same intellectual circle as Van Zyl Slabbert and it is my great personal privilege to have known him;

 

1. remembers Degenaar by the motto of his life, which is mine, and the Socratic statement that “an unexamined life is not a life worth living”; and

 

1. conveys our sincerest condolences to the family of this wonderful, soft spoken and kind human being.

 

The DEPUTY SPEAKER: If there are no objections, I put the motion.

 

An HON MEMBER: Objection.

 

The DEPUTY SPEAKER: As there is an objection, the motion without notice will become a notice of a motion.

 

DEATHS OF SA POLICE SERVICE OFFICERS

 

(Draft Resolution)

 

Mr A M SHAIK-EMAM: Hon Deputy Speaker, I move without notice:

That the House -

 

1. notes that to date 52 police officers have been killed in 2015;

 

1. also notes that of the 52 murdered police officers, 25 were killed on duty and 29 off duty;

 

1. further notes that in the corresponding period in 2014, 47 police officers were murdered;

 

1. also notes that on Monday the SA Police Service made a public call for community support for its officers;

 

1. calls upon this honourable House to express its outrage and condemn the murders of our police officers in the strongest terms, and extends its condolences to the families and loved ones of all the SA Police Service officers who have been murdered; and

 

1. encourages all South Africans to heed the call to support our police officers and come forward with any information that could lead to the speedy arrest and conviction of those involved in these murders.

The DEPUTY SPEAKER: If there are no objections, I put the motion.

 

An HON MEMBER: We object, Deputy Speaker.

 

The DEPUTY SPEAKER: The motion without notice will now become a notice of a motion.

 

MALEMA’S CASE STRUCK OFF THE ROLL

 

(Draft Resolution)

 

Mr N F SHIVAMBU: Deputy Speaker, I move without notice:

 

That the House -

 

1. notes that the concocted fraud, money-laundering and corruption charges against the commander in chief of the EFF - the incoming president of South Africa - have been struck off the roll;

 

1. notes that the reason he was charged was because he was involved in the mining workers’ protests in Marikana;

 

1. appreciates the role of the independent judiciary and their ability to fulfil their functions without fear or favour and political intimidation;

 

1. further notes that the court decision to strike the case off the roll is confirmation that the ANC government never had never a legitimate case against the EFF commander in chief;

 

1. notes that the House must condemn the abuse of state institutions by Luthuli House to wage political wars against opposition leaders;

 

1. calls on the National Director of Public Prosecutions to stop the political persecution of political opponents, because this will further weaken the credibility of the National Prosecuting Authority;

 

1.  further notes that the EFF will continue to pursue its fight against corruption without fear of intimidation or Parliament-sanctioned violence by the police and the parliamentary security services; and

 

1. notes that Zuma is going to be asked to pay back the money, and in that regard we say, “Long live the commander in chief! Long live!”

 

The DEPUTY SPEAKER: If there are no objections, I put the motion. [Interjections.] The motion without notice will now become a notice of a motion.

 

PIRATES WIN 2015 CARLING BLACK LABEL CUP

 

(Draft Resolution)

 

Mr M S MABIKA: Deputy Speaker, I move without notice:

 

That the House -

 

1. notes that on Saturday, 1 August 2015, the Orlando Pirates Football Club won the highly coveted Carling Black Label Cup at the FNB Stadium in Johannesburg;

 

1. also notes that Orlando Pirates beat Kaizer Chiefs Football Club 4:3 in penalties after a 1:1 draw at the end of play time; and
2. calls upon this honourable House to congratulate the Orlando Pirates Football Club on their victory.

 

The DEPUTY SPEAKER: If there are no objections, I put the motion.

 

An HON SPEAKER: I object. [Interjections.]

 

The DEPUTY SPEAKER: The motion without notice will now become a notice of a motion.

 

Mr N SINGH: The next time Chiefs win, we’ll object. Hon Deputy Speaker, I hope it’s fifth time lucky for motions without notice.

 

WORLD RANGER DAY

 

(Draft Resolution)

 

Mr N SINGH: Hon Deputy Speaker, I hereby move without notice:

 

That the House -

 

1. recognises World Ranger Day, which is observed annually on 31 July and is promoted by the 63 member associations of the International Ranger Federation, IRF, and by individuals who support the work of rangers and the IRF;

 

1. acknowledges that the day commemorates rangers killed or injured in the line of duty and celebrates the work rangers do to protect the world’s natural and cultural treasures;

 

1. further acknowledges that park rangers are on the frontline in the fight to protect our natural heritage and that this day offers a chance to support their vital work, which ranges from environmental campaigning to education;

 

1. applauds the park rangers all over the world and in particular our very own who sacrifice their time and lives in performing their duties; and

 

1. finally, calls on all relevant spheres of government to ensure that these rangers’ dedication and efforts are supported at all times.

 

The DEPUTY SPEAKER: If there are no objections, I put the motion.

 

An HON MEMBER: We object to that. Thank you.

 

The DEPUTY SPEAKER: The motion without notice will now become a notice of a motion.

 

CALL FOR PRESIDENT ZUMA TO PAY BACK MONEY

 

(Draft Resolution)

 

Mr M G P LEKOTA: Deputy Speaker, I hereby move without notice:

 

That the House -

 

1. notes that King’s House in Durban is a presidential guests house in KwaZulu-Natal that both presidents, Nelson Mandela and Thabo Mbeki, used the King’s House throughout their terms of office to engage national and international leaders;

 

1. resolves that there was never any need to build Nkandla; and
2. instructs President Zuma to pay back all the R246 million to the taxpayer’s of our country.

 

Not agreed to.

 

PASSING ON OF MR STEPHEN ELLIS

(Draft Resolution)

 

Ms C N MAJEKE: Hon Chair, I hereby move without notice:

 

That the House –

 

1. notes that on 30 July 2015, a leading historian of Africa, Mr Stephen Ellis, died of leukaemia at the aged of 62 at his home in Amsterdam;

 

1. further notes that Mr Ellis grew up in Nottingham in the United Kingdom and studied at Oxford University;

 

1. acknowledges that he was the editor of the subscription journal Africa Confidential in the late 1980s;

 

1. notes that he reported the first account of the UMkhonto weSizwe mutiny in Angola in 1994, based in the inside information;

 

1. further acknowledges that the accuracy of Ellis’s work was confirmed by the final report of the Truth and Reconciliation Commission in 1998;

 

1. applauds Mr Ellis for his determination and tireless efforts in documenting South African history in the most accurate way possible, and contributing to preserving the inestimable narrative of South Africa’s history and that of other African countries; and

 

1. conveys its heartfelt condolences to his family.

 

Not agreed to.

 

ORLANDO PIRATES WON CARLING BLACK LABEL CUP:

 

(Draft Resolution)

 

Mr M S GANA: Deputy Speaker, I hereby move without notice:

That this House –

1. knows that South Africans were treated to another nail-biting encounter this weekend when the Soweto giants, Orlando Pirates, better known as the Buccaneers, and Kaizer Chiefs, the Amakhosi, clutched at the FNB Stadium;

 

1. further notes that Buccaneers won their fourth Carling Black Label Cup title in five editions after a dramatic 4-3 penalty shoot-out over their old first Kaizer Chiefs;

 

1. congratulates the Orlando Pirates coach, Eric Tinkler, and his team on the fantastic performance over the weekend ... [Interjections.]

 

The DEPUTY SPEAKER: Hon member, I know that it is very nice to repeat the victory of Orlando Pirates, but according to the Rules of the House you are repeating a notice that has been objected to. You are not allowed to do that.

 

The CHIEF WHIP OF THE OPPOSITION: Deputy Speaker, I rise on a point of order: The motion is different to the one that was read out. Therefore, I understand it was the same, Deputy Speaker, but the motion is also referring to the coach which the hon Makashule Gana had not got to yet. Therefore, it is different in form to the motion that was defeated. I ask that you allow him to read it and then let the House decide whether they reject it or not.

 

The DEPUTY SPEAKER: Hon Chief Whip, I think it is the same.

 

The CHIEF WHIP OF THE OPPOSITION: Deputy Speaker, with respect you have not allowed the hon Ghana to finish the motion. I think you are pre-empting whether it is different or not.

 

The DEPUTY SPEAKER: Okay, take your seat, Hon Gana, read from where you left off. [Laughter.]

 

Mr MS GANA: Ndza khensa ... [I thank you.]

 

1. Deputy Speaker. I want this House to congratulate the Orlando Pirates coach, Erick Tinkler, and his team on a fantastic performance over the weekend;

 

1. wishes both team well with their training and preparation for the upcoming ... [Intejections.]

 

Mr N S MATIASE: Hon Deputy Speaker, on a point of order.

 

The DEPUTY SPEAKER: What is the point of order?

Mr N S MATIASE: The statement, as you have ruled earlier on, has been objected and there is no basis of entertaining, in the least, a motion which has already been objected to. Therefore, I insist that you rule permanently on the statement.

 

The DEPUTY SPEAKER: I will hon member. Hon member, can you please finish that last line.

 

1. wishes Orlando Pirates team everything of the best on Saturday as they represent the country in the Caf Confederations Cup against Tunisia side, Club Sportif Sfaxien.

 

The EFF can object now. They support Swallows we know that. [Applause.] [Laughter.]

 

The SPEAKER: Hon member, it confirms what I said earlier on and it has been objected to anyway. Hon member proceed.

 

MISMANAGEMENT AT VUKANI AVIATION

 

(Draft Resolution)

 

Ms M MOKATSE: Deputy Speaker, I move on behalf of the president and the commander in chief of the EFF whose case has just been struck off the roll at Polokwane High Court:

 

That the House:

 

1. notes that Vukani Aviation, owned by the former Air Force Colonel and presidential pilot Nhlanhla Dube, continues to be characterised by mismanagement, misallocation of resources and intimidation of individuals that attempt to whistle blow;

 

1. also notes that the Department of Higher Education’s Minister, Blade Nzimande, misled Parliament by reporting that the programme has 60 cadet training openings at the school at a cost of R717 000 per cadet, when evidence shows fewer than 60 cadets are being trained, and that those who are being trained signed contracts under duress;

 

1. further notes that a similar contract was awarded to Deloitte for only R18 million, a fraction of the cost when compared to more than R70 million for Vukani Aviation;
2. further notes that Vukani Aviation employees foreign nationals who do not have official documents;

 

1. acknowledges the findings by the civil aviation authorities that the audit of the flight academy found operations to be unacceptable;

 

1. calls on the Minister of Higher Education to suspend the cadet training programme with Vukani Aviation, while it investigates the poor standards of the programme and mismanagement of allocation

 

1. also calls on the chief procurement officer, Mr Kenneth Brown, to investigate the tender awarded to Vukani Aviation.

 

The DEPUTY SPEAKER: If there are no objections, I put the motion

 

Dr P J GROENEWALD: Agb Adjunkspeaker, let asseblief die beswaar van die VF Plus. [Hon Deputy Speaker, please note the objection of the FF Plus.]

 

The DEPUTY SPEAKER: Hon member, what point are you rising on?

 

The DEPUTY MINISTER OF HOME AFFAIRS: Hon Deputy Speaker, I rise on a point of order. The member who just rose to read a motion without notice, moved on behalf of the leader of their party, as opposed to on behalf of the party. Now we know that they revere their leader who has been charged with a serious crimes, but that is out of order. [Interjections.]

 

Mr N F SHIVHAMBU: Deputy Speaker ... [Interjections.] Deputy Speaker ...

 

The DEPUTY SPEAKER: Yes, what are you rising on, hon member

 

Mr N F SHIVHAMBU: That member who has just spoken is from a political party whose leader is facing 700 charges of corruption and who must answer for the killing of workers in Marikana ...

 

The DEPUTY SPEAKER: Hon member, that is not a point of order.

 

Mr N F SHIVHAMBU: I want to give you a point of order! Every time the Whips of the ANC rise up here to say on behalf of the Chief Whip, on behalf of so and so, it’s allowed to raise a motion on behalf of a Chief Whip, or on behalf of a party leader. It’s not for the first time. I think she must pay close attention to what is happening here, and stop hallucinating like she just did now, please. [Interjections]

 

The DEPUTY SPEAKER: That is not a point of order. [Interjections.] Yes, hon member? What are you rising on?

 

Mr F ADAMS: I am rising on a point of order, Deputy Speaker. The member must withdraw the reference to “Blade”. It is “hon Minister”, not Blade. She misled the House by saying Blade.

 

DR C P MULDER: Hon Deputy Speaker ...

 

The DEPUTY SPEAKER: Yes, hon member?

 

DR C P MULDER: May I address you on this point of order in terms of Rule 99 of the Rules? It deals with acting for an absent member. If members propose a motion and they say they do so on behalf of somebody, then they are doing so because that member is absent. That is the indication that was given by the EFF. The Rule says, a member may give notice of a motion on behalf of an absent member, provided he or she has been authorised to do so by the absent member. I guess they have all been authorised by the commander in chief personally to do this. [Interjections]

 

The DEPUTY MINISTER OF HOME AFFAIRS: Deputy Speaker, may I address you on that? As I understand the Rule, it pertains to a notice of a motion, not a motion without notice, which is what this is.

 

The DEPUTY SPEAKER: Hon members, we will make a ruling on this. We will request the Table to look at it for us and we will rule on that today. [Interjections.] Yes, hon member?

 

Dr P J GROENEWALD: Agb Adjunkspeaker ... [Hon Deputy Speaker] ...

 

The DEPUTY SPEAKER: Yes, hon member?

 

Dr P J GROENEWALD: Deputy Speaker, I rise on a point of order and just want to ask, if the EFF rises, as they say, on behalf of the commander in chief, and they don’t say “of the EFF”, it actually means the commander in chief of the country, which is President Zuma, because he is actually the only commander in chief. [Interjections.] [Applause.] [Laughter.]

 

The DEPUTY SPEAKER: That is not a point of order. Yes, hon member?

 

Mr Z N MBHELE: On behalf of the DA I hereby move without notice

 

That this House -

 

1. notes that last week four police officers, three from Gauteng and one from the Western Cape, were tragically killed in the line of duty;

 

1. also notes that the statistics show that in the 2014-15 financial year, 35 on duty and 51 off duty police officers were killed

 

1. acknowledges that these numbers are unacceptably high and that every murder of a police officer is a tragic loss to a family and our country;

 

1. extends our deepest condolences to the family, friends and colleagues of the four police officers killed last week and thanks the thousands of dedicated brave men and women of the SA Police Service who continue to serve their communities with pride.

 

The DEPUTY SPEAKER: Hon Members can we plead that you listen to motions so that you don’t repeat almost 80%, 90% of what was stated here, so there is no point in putting that motion across. [Interjections]

 

Yes, hon member? [Interjections]

 

Because it’s the same thing.

 

NKANDLA AD HOC COMMITTEE ILLEGITIMATE AND TIME WASTING

 

(Draft Resolution)

 

Mr M M DLAMINI: Deputy Speaker, I move without notice:

 

That the House —

 

1. notes the Public Protector’s statement on the illegitimate and time-wasting Parliament’s Nkandla ad hoc committee;

 

1. welcomes the Public Protector’s initiative to convene a press conference to defend her office and its work after the Parliamentary ad hoc committee took a decision not to invite her to defend her report;

 

1. notes that this is the second time Parliament refuses to invite the Public Protector yet discussing reports that her office has published;

 

1. further notes that the Public Protector has also vindicated the EFF for not participating in the ad hoc committee because it has no legal or even constitutional significance except to serve as decoy;

 

1. notes that the Public Protector asked President Zuma, with the assistance of the Minister of Police and the National Treasury, to determine the cost that he must pay;

 

1. further notes that the Public Protector never asked the Minister of Police to reinvestigate the non-security upgrades in Nkandla;

 

1. notes that the ad hoc committee established to entertain the Police Minister’s report on Nkandla has neither legal nor constitutional standing; and

 

1. calls on Parliament to immediately dissolve the ad hoc committee and instead instruct the President to comply with the remedial action of the Public Protector to pay back the money.

 

The DEPUTY SPEAKER: Are there any objections? Yes. In the light of the objection the motion may not be proceeded with. The motion without notice now becomes a notice of motion on the Order Paper.

 

MTN QHUBEKA CYCLING TEAM WON STAGE 14 OF THE TOUR DE FRANCE

 

(Draft Resolution)

 

Mr F ADAMS: Deputy Speaker, I move without notice:

 

That the House —

 

1. notes that South Africa’s nine men MTN Qhubeka cycling team became the first African professional cycling team to participate in the Tour de France’s 112-year history;

 

1. further notes that the MTN Qhubeka cycling victory was on International Nelson Mandela Day when the team won stage 14 of the Tour de France;

 

1. acknowledges that MTN Qhubeka cyclist Daniel Teklehaimanot of the sister State of Eritrea won the King of the Mountain’s jersey;

 

1. congratulates him on being the first African to wear the Tour’s polka-dot jersey;

 

1. recognise that MTN Qhubeka on stage 17 of the Tour de France was ranked the best team on the stage; and

 

1. congratulates MTN Qhubeka cycling team for their performance at Tour de France.

 

The DEPUTY SPEAKER: Are there any objections? Yes. In the light of the objection the motion may not be proceeded with. The motion without notice now becomes a notice of motion on the Order Paper.

 

TWO METRO POLICE SHOT BY AN UNKOWN PERSON

 

(Draft Resolution)

 

Ms C N MAJEKE: Deputy Speaker, I move without notice:

 

That the House —

 

1. notes that two metro police were reported shot by an unknown person on Sunday evening while directing traffic in Ivory Park Midrand and are in a serious condition;

 

1. further notes that both men are being treated at Sunninghill hospital and that no arrests have been made;

 

1. condemns this barbaric and uncivilised behaviour in utmost strongest terms;

 

1. calls on those that are in position of authority to investigate the matter and once the perpetrators are found be brought to book;

 

1. wishes the injured officers a speedy recovery.

 

The DEPUTY SPEAKER: Are there any objections? Yes. In the light of the objection the motion may not be proceeded with. The motion without notice now becomes a notice of motion on the Order Paper.

 

FORMER DEPUTY MINISTER RECEIVES KNIGHTHOOD AWARD

(Draft Resolution)

 

Mr F ADAMS: I move without notice:

 

That the House —

 

1. congratulates the former Deputy Minister of International Relations and Co-operation and Parliamentary Counsellor to the President, hon Ebrahim Ismail Ebrahim, on being awarded a Knighthood by His Majesty the King of Spain;

 

1. further notes that the award is known as the Order of Civil Merit at the rank of Knight Commander;

 

1. further notes that the award is one of the highest honours given by His Majesty the King to Spanish nationals or foreign citizens deemed to have made an extraordinary contribution;

 

1. acknowledges that hon Ebrahim has been honoured for his contribution to the South African struggle and for strengthening South African-Spanish relations;

 

1. further acknowledges that His Majesty the King of Spain has given this honour to a highly deserving freedom fighter who sacrificed a lot for freedom, peace, justice and human rights and

 

1. congratulates hon Ebrahim on this rare honour which he has described correctly as an honour for all the people of South Africa who made history by putting the past behind them to build a new society together.

 

The DEPUTY SPEAKER: Are there any objections? Yes. In the light of the objection the motion may not be proceeded with. The motion without notice now becomes a notice of motion on the Order Paper.

 

BANYANA BANYANA ONE STEP CLOSER TO OLYMPICS

 

(Draft Resolution)

 

Ms M O MOKAUSE: Deputy Speaker, I move without notice:

 

That the House —

 

1. notes that Banyana Banyana progressed to the final round of 2016 Olympic qualifiers after beating Kenya 1-0 at Machakos Stadium on Sunday 02 August 2015;

 

1. further notes that South Africa’s women soccer team were dealt a blow in the early stage, when the first leg match-winner, Lebo Ramalepe, had to be substituted due to an injury;

 

1. recalls that South Africa broke the deadlock in the 25th minute when substitute Rhoda Mulaudzi slotted past the goalkeeper after a solo run; and

 

1. congratulates Banyana Banyana and wishes them well in their next encounter with Equatorial Guinea with the winner of that tie securing a sport in Brazil next year.

 

The DEPUTY SPEAKER: Are there any objections? Yes. In the light of the objection the motion may not be proceeded with. The motion without notice now becomes a notice of motion on the Order Paper.

 

CELEBRATION OF EID TO MARK END OF RAMADAN

 

(Draft Resolution)

 

Mr F ADAMS: Deputy Speaker, I move without notice:

 

That the House —

 

1. notes that millions of Muslims marked the end of Ramadan on Friday 17 July 2015 with prayer and greetings of Eid Mubarak;

 

1. recognises that the Muslim community’s Eid is regarded as the day of prayer and an expression of gratitude to the Almighty for all His blessings and bounties bestowed during the holy month of Ramadan;

 

1. acknowledges that Eid is the time to give in charity to those in need;

 

1. further acknowledges that Eid is also a time to celebrate with family and friends the completion of a month of blessings and joy; and

 

1. wishes all Muslims Eid Mubarak.

 

The DEPUTY SPEAKER: Are there any objections? Yes. In the light of the objection the motion may not be proceeded with. The motion without notice now becomes a notice of motion on the Order Paper.

 

SUSPENSION OF RULE 29 ON THURSDAY, 6 AUGUST 2015

 

(Draft Resolution)

 

The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Hon Deputy Speaker, I move the draft resolution printed in the name of the Chief Whip of the Majority Party, on the Order Paper as follows:

 

That notwithstanding Rule 29 which provides for the sequence of proceedings, limits the business for the sitting on 6 August 2015 to Questions to the President.

 

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

 

Division demanded.

 

The House divided.

 

AYES - 241: Abrahams, B L; Adams, F; America, D; Atkinson, P G; Baker, T E; Balindlela, Z B N; Bam-Mugwanya, V; Bergman, D; Beukman, F; Bhengu, P; Bhengu, N R; Bhengu, F; Bilankulu, N K; Booi, M S; Boroto, M G; Boshoff, H S; Bozzoli, B; Brauteseth, T J; Buthelezi, M G; Capa, R N; Capa, N; Cardo, M J; Carrim, Y I; Carter, D; Cele, M A; Cele, B H; Chance, R W T; Chikunga, L S; Chiloane, T D; Chohan, F I; Chueu, M P; Coleman, E M; Cwele, S C; Davies, R H; Davis, G R; De Kock, K; Dlakude, D E; Dlamini-Dubazana, Z S; Dunjwa, M L; Ebrahim, E S; Edwards, J; Esterhuizen, J A; Faku, Z C; Figg, M J; Figlan, A M; Frolick, C T; Fubbs, J L; Gamede, D D; Gana, S M; Gigaba, K M N; Gina, N; Godi, N T; Gqada, T; Groenewald, P J; Grootboom, G A; Gumede, D M; Hadebe, T Z; Hanekom, D A; Hill-Lewis, G G; Hlengwa, M; Hunsinger, C H H; Jafta, S M; James, L V; James, W G; Jeffery, J H; 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; Khoza, M B; Khoza, T Z M; Khubisa, N M; Kilian, J D; Kohler, D; Koornhof, G W; Kota-Fredricks, Z A; Kruger, H C C; Krumbock, G R; Kubayi, M T; Kwankwa, N L S; Lees, R A; Lekota, M G P; Lesoma, R M M; Letsatsi-Duba, D B; Loliwe, F S; Lorimer, J R B; Lovemore, A T; Luyenge, Z; Luzipo, S; Mabasa, X; Mabe, B P; Mabe, P P; Mabika, M S; Mabilo, S P; Mackay, G; Mackenzie, C; Madella, A F; Maesela, P; Mafolo, M V; Mafu, N N; 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; Manana, D P; Mandela, Z M D; Maphatsoe, E R K; Mapulane, M P; Marais, S J F; Masango, M S A; Maseko, L M; Mashatile, S P; Mashile, B L; Masondo, N A; Masuku, M B; Maswanganyi, M J; Mathale, C C; Matlala, M H; Matsimbi, C; Mavunda, R T; Maxegwana, C H M; Maynier, D J; Mazzone, N W A; Mbhele, Z N; Mbinda, L R; Mc Gluwa, J J; Mchunu, S; Mcloughlin, A R; Mdakane, M R; Mhlongo, T W; Mmemezi, H M Z; Mmola, M P; Mmusi, S G; Mncwabe, S C; Mncwango, M A; Mnganga - Gcabashe, L A; Mnguni, D; Mnguni, P J; Mnisi, N A; Mogotsi, V P; Mokgalapa, S; Molebatsi, M A; Moloi-Moropa, J C; Morutoa, M R; Mosala, I; Motau, S C; Mothapo, M R M; Motshekga, M S; Motsoaledi, P A; Mpumlwana, L K B; Msimang, C T; Mthembu, J M; Mthembu, N; Mudau, A M; Mulder, P W A; Mulder, C P; Muthambi, A F; Ndongeni, N; Nesi, B A; Ngcobo, B T; Ngwenya-Mabila, P C; Nkadimeng, M F; Nkomo, S J; Nobanda, G N; November, N T; Nyalungu, R E; Nyambi, H V; Oliphant, G G; Oliphant, M N; Ollis, I M; Pandor, G N M; Phosa, Y N; Pikinini, I A; Pilane-Majake, M C C; Rabotapi, M W; Radebe, B A; Ralegoma, S M; Ramokhoase, T R J E; Rantho, D Z; Raphuti, D D; Robinson, D; Ross, D C; Scheepers, M A; Schmidt, H C; Semenya, M R; September, C C; Shaik Emam, A M; Shinn, M R; Singh, N; Siwela, E K; Skosana, J J; Skwatsha, M; Smith, V G; Steenhuisen, J H; Steyn, A; Stubbe, D J; Thabethe, E; Tleane, S A; Tobias, T V; Tom, X S; Tongwane, T M A; Tseke, G K; Tseli, R M; Tshwete, P; Tsoleli, S 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 Dyk, V; Van Rooyen, D D D; Van Schalkwyk, S R; Volmink, H C; Vos, J; Walters, T C R; Waters, M; Williams, A J; Wilson, E R; Yengeni, L E.

 

NOES - 11: Dlamini, M M; Khawula, M S; Louw, E N; Matiase, N S; Matlhoko, A M; Matshobeni, A; Mbatha, M S; Mokause, M O; Morapela, K Z; Mulaudzi, T E; Shivambu, N F.

 

Question agreed to.

 

Motion accordingly agreed to.

 

SOUTH AFRICAN EXPORTS ON THE RISE

 

(Member’s Statement)

 

Ms L L FUBBS (ANC): Hon Deputy Speaker, we welcome the recent news that South Africa, for the second consecutive quarter, is running a trade surplus which has increased to R5,8 billion. Especially as we know, the current account has been under great pressure and this increased trade surplus will have a highly positive impact. The further good news is that much of this is also coming not only from minerals but very much so from the export of vehicles, transport equipment and vegetables.

 

This is a welcome shift from our traditional export products which relied almost entirely on unprocessed minerals. Even more important is that the good news which is in sharp contrast with the current global downturn on trade volumes.

 

Furthermore the rand has strengthened against the dollar which has also helped. This underpins government’s policy of focusing on value-addition, beneficiation and productive investment. The fanning of the rand linked to our productive economy is good news for South Africa’s credit ratings. The ANC welcomes this good news. I thank you. [Applause.]

 

MINISTER FAITH MUTHAMBI BACK FROM STUDY TRIP IN CHINA

 

(Member’s Statement)

 

Mr G R DAVIS (DA): Hon Deputy Speaker, on behalf of the DA I would like to welcome Minister Faith Muthambi back from her study trip in China. [Interjections.] I am sure the House is interested to know what the Minister learnt about the media in a country ranked 177 out of 180 on the World Press Freedom Index; a country where 44 journalists are currently languishing in prison.

 

Perhaps Minister Muthambi went to learn more about the Chinese state broadcaster and how it is directly controlled by the Chinese Minister of Propaganda, because that is exactly what Minister Muthambi is trying to replicate here in South Africa.

 

This is much clear from the letters written by former SA Broadcasting Corporation, SABC, Board, Chairperson, Hope Zinde, that were released last week. Hope Zinde’s letters paint a picture of a Minister putting immense political pressure on independent board members. For example, when Hope Zinde questioned the appointment of Hlaudi Motsoeneng, Minister Muthambi said that she must support Hlaudi because that is what President Zuma wants. [Interjections.] As the Minister apparently said, and I quote, “But baba [father] loves Hlaudi. He loves him so much, we must support him.”

 

When Hope Zinde did not support Hlaudi, Minister Muthambi had her fired. You could say that the SABC lost hope because there was too much faith. [Laughter.] We call on all members of this House to reject Minister Muthambi’s moves to turn our public broadcaster into a party political state broadcaster. Thank you. [Applause.]

 

VUKANI AVIATION PROJECT BADLY MANAGED

 

(Member’s Statement)

 

Mr M S MBATHA (EFF): Deputy Speaker, on behalf of our commander in chief, hon Julius Malema, the EFF is concerned about the continuous existence and the continuous funding of Vukani Aviation Project. We call upon the Higher Education department to advise the National Skills Authority to stop financing and funding this cadet programme.

 

The reason is that the cadet programme is ill-conceived, ill-managed and corruptly manipulated. We call upon the Minister of Higher Education to institute an investigation into the continued financing of the cadet programme and the continued exploitation of the cadets. The programme has been characterised by mismanagement and misallocation of resources. What is more concerning is the fact that the Minister of Higher Education has refused to investigate from time to time. It is clear now that the programme can no longer be left alone.

The EFF calls upon the procurement officer to make sure that investigation continues so as to ensure that public funds invested in this programme are accounted for and that if the programme is part of the fruitless expenditure ... [Time expired.]

 

GAUTENG GRADE 12 LEARNERS GO PAPERLESS

 

(Member’s Statement)

 

Nkul X MABASA (ANC): Xandla xa Xipikara, “Gauteng Grade 12 learners go paperless.” [Vadyondzi va Giredi 12 eGauteng a va ha tirhisi maphepha eka dyondzo]. Eka xiphemu xa swiboho swa manifesito ya ANC ya nhlawulo wa mani na mani wa 2014, ANC yi ti bohe ku tlakusa xiyimo xa dyondzo eswikolweni swa hina hi ku tirhisa mahungu ya xithekinology na switirhisiwa swa khompyuta. (Translation of Xitsonga paragraph follows.)

 

[Mr X MABASA (ANC): [Deputy Speaker, Gauteng Grade 12 learners are no longer using paper in education. In the section of the ANC resolutions in its manifesto of 2014 general elections, it has committed itself to improve the standard of education in our schools by employing information technology and computer facilities.]

In this regard, the ANC congratulates the government of Gauteng for successfully rolling out a teaching and learning programme which has seen learners being allocated tablets, and this has created paperless classrooms in 375 high schools mainly in townships and rural areas. [Applause.]

 

The programme entails using interactive boards and mobile devices such as tablets and laptops with complete internet connectivity for teaching and learning. The ANC believes that this project will improve the quality of education in our public schools whilst at the same time leapfrogging our learners into the next century.

 

We have no doubt that this project will improve performance in our schools while maintaining the upward trend in the pass rate and improve the quality of those passes. The ANC hopes that this project will speedily be emulated by other provinces.

 

Furthermore, the ANC reiterates the call ... [Time expired.]

 

SOUTH AFRICA EXPERIENCES SEVERE DROUGHT

 

(Member’s Statement)

 

Mr M MNCWANGO (IFP): Hon Deputy Speaker, South Africa is currently experiencing serious droughts not seen before in many years and in many parts of the country with serious effects on the agricultural economy and disastrous consequences for food security.

 

Already in many parts of KwaZulu-Natal, water shedding has begun and this has a negative impact both on business and social life. In the rural areas the situation is very dire. Drinking water has become such a precious commodity very hard to come by. Communities are now forced to compete with animals for whatever little that is now available by way of water.

 

Municipalities are failing to provide drinking water to rural areas. Small dams in the rural areas have dried up with grazing fields actually becoming deserts. Our people have started to lose their livestock in big numbers. This poses a risk in the agricultural industry for further job loses. Small holder farmers are already feeling the pinch and unless the government makes urgent intervention, disaster will surely be the end results.

 

We therefore call upon government to declare affected areas as drought disaster areas so that they can receive priority assistance from the government. I thank you.

 

NATIONAL WOMAN’S DAY

 

(Member’s Statement)

 

Mr C N MAJEKE (UDM): Deputy Speaker, as part of celebrating the 21st Woman’s Day under the democratic conditions, the first South Africa’s report on the status of women will be released. Indeed, there are many women who have made personal strides to draw beneficiations from the opportunities brought by democracy.

 

However, and as we all know, women and in particular the girl-child, remain the most vulnerable group in our society. However, despite the enabling policies and laws, it is still a large challenge in ensuring that the legal and regulated frameworks that have been put in place are effectively implemented, monitored and evaluated. More direct and clear investment in women emancipation with massive focus on empowering women, in particular the girl-child and rural women, will go a long way in alleviating poverty.

 

If we empower the majority of the citizens, the women with education so that they move towards sustainable lifestyle and create a better society, we must train and educate more girls as artisans with skills that were historically set aside for boys. We need more plumbers, bricklayers, electricians and mechanics who are women.

 

In celebrating the 2015 national Woman’s Day, we need to move a step forward away from history and theory into practical activities that must be done, specifically for rural women - girl-child, and I hope the majority of the activities during this month will favour rural women ... [Time expired.]

 

CITY OF CAPE TOWN SHUNS OFF PUBLIC PARTICIPATIONS

 

(Member’s Statement)

 

Ms M L DUNJWA (ANC): Deputy Speaker, the DA in the Western Cape provincial government has once again displayed its disregard for black communities in this province when it unilaterally decided to decommission the GF Jooste Hospital in Manenberg and converted it into a police training academy run by the City of Cape Town. This is hypocrisy of the highest order because the DA had earlier promised to build a bigger and more efficient GF Jooste Hospital by next year at a cost of R550 million.

 

But this is not surprising because it is not the first time that the DA has pushed through massive projects without consulting affected residents. They did so with the construction of the MyCiti route in Plumstead and the green cycle lanes in Woodstock.

 

The ANC is therefore convinced that the DA’s promise to build a bigger regional hospital in Manenberg is nothing but hollow electioneering ahead of next year’s municipal elections to deflect attention from the injustice inflicted on the poor people of this area. The DA has taken away an essential service from the poor people who are now forced to spend more on transport in order to access health facilities elsewhere. We stand with the people of Manenberg ... [Time expired.]

 

BELVEDERE COMMUNITY GETS ITS FIRST PUBLIC BUILDING

 

(Member’s Statement)

 

Mr T GODI (APC): Deputy Speaker, on Saturday 01 August, the APC led the community of Belvedere in the Chief Albert Luthuli Local Municipality in celebrating the opening of an early childhood centre. The building, which is not bigger than four metres breadth and 10 metres length, is divided into two rooms, roofed with rusted corrugated irons and its walls plastered with a mixture of cement and mud.

 

We would like to salute Sphiwe Ntuli and the women who form part of the board of governors. This ramshackle building means a world for this community. It is the first public amenity ... [Interjections.]

 

Mr E N LOUW: On a point of order, Deputy Speaker: I just want to check, is it parliamentary to listen to that member because it is a one-man party and he can’t lead a community?

 

Mr T GODI: The early childhood centre is the only public amenity in that community. I want to salute that community for having, at long last, built something that will assist in the development of the children.

 

Since the last time when we were there in 2012, it was however gratifying that at least the road leading to that community is now better managed. There are now two bridges to cross the two rivers before reaching that area. We understand that now there are some Reconstruction and Development Programme, RDP, houses that are being built, and that electricity will soon be connected to the community.

 

I am not sure what the Department of Agriculture is doing to assist that community ... [Time expired.]

 

SIGNIFICANT PROGRESS MADE IN FIGHT AGAINST HIV AND AIDS

 

(Member’s Statement)

 

Ms S C N SHOPE-SITHOLE (ANC): Deputy Speaker, the ANC welcomes the report of the United Nations Programme on HIV and Aids, which has recognised the significant progress South Africa has made in the fight against HIV and Aids.

 

In its report, released on July 14, under the title “How Aids Has Changed Everything - Meeting the MDG Targets”, the United Nations acknowledged South Africa as one of the countries that has made major strides in the struggle against this epidemic.

 

The report listed South Africa among the group of countries that have reduced the number of new HIV infections by at least 20%. The report further announced that deaths associated with HIV and Aids in South Africa have declined significantly by 58% since 2010, and life expectancy has increased from 52 years in 2005 to 61 years in 2014.

 

The report also declared that Aids deaths in children under five years of age have declined from 25 000 in 2000 to 3 800 in 2014. This report has further confirmed that the ANC government’s HIV and Aids treatment campaign, which is the biggest in the world, is yielding the desired result of preventing Aids-related deaths and ultimately increasing life expectancy, as required by the Millennium Development Goals. The ANC is pleased with the report. [Applause.]

 

SHORTCOMINGS OF NEW VISA REGULATIONS

 

(Member’s Statement)

 

Mr J VOS (DA): Mr Deputy Speaker, in the wake of last week’s embarrassing U-turn by Minister of Tourism Derek Hanekom on the government’s tourism-killing visa regulations, it is now clear that government rushed into these regulations without considering their impact. [Interjections.]

 

After months of near silence on the new visa regulations imposed by Home Affairs, Minister Derek Hanekom finally went public by telling the world he was worried about the impact, something which we warned about many, many months ago. A few hours later, Home Affairs Minister Malusi Gigaba hit back strongly, saying it was wrong for Minister Hanekom to go outside normal Cabinet procedures ... [Interjections.] ... and I quote that, “No one should undermine its procedures.”

 

Now, this quarrel between the two tourism-terminator Ministers clearly shows that not even Cabinet itself knows where to stand in relation to these new regulations. No one can, in good conscience, fault government’s intention to prevent child trafficking, and intervention is therefore required. However, the way they went about addressing these issues is similar to using a sledgehammer to crack a nut.

 

The solution is the introduction of biometrics on arrival and electronic visas. In countries where theses systems have been implemented, they have proved to be very effective in terms of safety, and more importantly they would cost far less than the country is currently losing from declining tourism numbers. South Africa needs to be open for business with the world to grow our tourism economy and to create much-needed jobs. It is now time for Minister Gigaba to admit defeat, cut his losses and suspend these regulations. [Applause.]

 

CONVICTION AND SENTENCING OF POST OFFICE CRIMINAL SYNDICATE

 

(Member’s Statement)

 

Ms L M MASEKO (ANC): Deputy Speaker, the ANC welcomes the combined jail term of 280 years meted out against nine former employees of the SA Post Office, Sapo, by the South Gauteng High Court after they were found guilty of a range of charges including racketeering, theft, fraud, money-laundering, forgery, corruption and attempted escape.

 

The guilty conviction and subsequent sentencing of the nine were the results of a joint operation by the Postal Service’s Forensic Investigation Unit and the SA Police Service. The investigation into the syndicate was launched in June 2011 after the Forensic Investigation Unit of Sapo received information of a suspected criminal syndicate targeting Post Bank accounts that held large sums of money.

 

This successful prosecution and conviction of former Sapo employees shows that, as the ANC, we are committed to eradicating corruption and any form of malfeasance in our public institutions, as we clearly articulated in our election manifesto. The actions of the police send a strong message that the operations of the Post Bank and the Post Office cannot be held to ransom by these shameless criminals. To the corrupt elements that may be in any of our public institutions, we would like to say: “Be warned. We are coming after you.” I thank you, Deputy Speaker. [Applause.]

 

FALSE DEMOCRACY IS TAKING ROOT IN SOUTH AFRICA

 

(Member’s Statement)

 

Mr L R MBINDA (PAC): Hon Deputy Speaker, the PAC notes the fragility of democracy. We have seen throughout the world that where democracy crumbles, anarchy or dictatorships flourish. The PAC truly and honestly has in its bones the pursuit of true democracy. By that it means that there can be false democracy.

 

In this country we are noting that false democracy is starting to take root. We have seen the Independent Electoral Commission, the IEC, taking a stance to ban political parties like the PAC, and the IEC is planting the seeds of anarchy and civil discourse. To them, banning a liberation movement is an administrative issue; to us, it is the undermining of our core existence, which is the establishment of true democracy.

 

For some of you it might not matter now, but tomorrow other parties in this House will be administratively excluded in the contest for power. The PAC has currently been stripped of its right to public funding, attending electoral meetings and the right to contest elections.

 

Once these rights have been taken away, the PAC is forced to explore other methods to contest power and there is no shortage of alternative methods of getting into power. We call on the parties in this Parliament to pronounce themselves on this matter before it’s too late. For now, we don’t even know who else is behind this.

 

SUCCESSFUL COMPLETION OF ANC’S NEC LEKGOTLA

 

(Member’s Statement)

 

Ms N N MAFU (ANC): Deputy Speaker, the ANC welcomes the conclusion of yet another successful national executive committee lekgotla of the ruling party, which was held recently in Tshwane. The ANC is encouraged by some of the key resolutions that were adopted by the NEC lekgotla, which mainly centre on economic development.

 

Among the main resolutions, the NEC lekgotla resolved that there needs to be more effective use of the Industrial Development Zones, such as the port of Saldhana in the Western Cape and the port of Coega in the Eastern Cape, which should be the main drivers towards the creation of black industrialists.

 

We also agree with the NEC lekgotla that the governance problems that are plaguing some of our state-owned enterprises, SOEs, need to be resolved as a matter of urgency. State-owned enterprises are important players in the economy and they also employ hundreds of thousands of our people. We therefore cannot afford to see them go under, hence our agreement with the NEC that the SOEs need to be run properly.

 

We also align ourselves with the call by the NEC on mining companies to do everything in their power to avoid retrenching workers. We urge them to find innovative ways of avoiding job losses. I thank you.

 

ESCALATING JOB CRISIS IN SOUTH AFRICA

 

(Member’s Statement)

 

Mr D J MAYNIER (DA): Speaker, we have to face the fact that there is a full-blown jobs crisis in South Africa. We know that 7,6 million people cannot find jobs and live without dignity and independence and freedom in South Africa.

 

What has been done to deal with the jobs crisis? Well, we have the National Development Plan, the NDP; we have the New Growth Path, the NGP; and now we have the Nine-Point Plan to ignite growth and create jobs. And we have ANC secretary-general Gwede Mantashe saying “Cutting jobs is unpatriotic”. We have the Minister of Economic Development, Ebrahim Patel, saying, “Create jobs by fixing the drains.” And we have the Minister of Finance, Nhlanhla Nene, saying, “But we don’t have the money to create jobs by fixing the drains.”

 

And then we have - and at least he is honest - ANC economic policy head Enoch Godongwana saying, “But there is no plan.” There is no plan, and that is why 321 000 more people find themselves unemployed in the first six months of 2015. And that is why more and more young people who want a job understand this: You can have a job or you can have an ANC government, but you cannot have both.

And that is why more and more young people who want a job are voting for freedom, fairness and opportunity in South Africa. [Applause.]

 

CALL FOR GUN LAWS TO BE REVIEWED

 

(Member’s Statement)

 

Ms H B KEKANA (ANC): Deputy Speaker, the ANC supports President Zuma's call for gun laws to be reviewed. The ANC supports the call by President Jacob Zuma for the country’s laws on gun-ownership to be reviewed. The President made this call yesterday during his visit to the family of Mr Simon Matabela, a member of the Johannesburg Metro police department, who was brutally killed while on duty during an armed robbery at a shopping complex. Since the beginning of this year, more than 50 police officers have been killed by ruthless criminals, and this is a matter of serious concern.

 

We wish to express our most heartfelt condolences to all the families of police officers who have been killed in the line of duty, and we call upon all law enforcement agencies to deal harshly with those responsible for these murders. We condemn, in the strongest possible terms, the use of violence against police officers. It is for this reason that we agree with the President in his call for tighter and stricter control around gun-ownership. I thank you.

 

SOUTH AFRICAN EXPORTS ON THE RISE

 

(Ministerial Response)

 

The MINISTER OF TRADE AND INDUSTRY: Deputy Speaker, I think that the hon Fubbs has drown our attention to an important trend that is taking place in South African trade that we have seen for the second quarter a surplus. We have also seen that that surplus is driven not only by our traditional mining exports but by value added products. In fact the figures for June tell us an interesting story because exports grew overall by 1.65 compared to the month before despite the fact that mineral exports declined or shrunk by 5%. We saw as the hon Fubbs was telling us that vegetable products were up 25% compared to the previous month. The work that we have been doing to try and promote vegetable exports in countries in the Middle East as well as in African markets and others is bearing some fruits. Vehicle exports are up by 9%. Machinery and electrical good are up by 7% and chemicals were up by 5%. It is too soon for us to be drawing huge conclusions from these but I think that over two quarters now we have seen the right kind of trend, value added exports leading the way and showing what can be achieved in this economy.

 

The hon Maynier made almost exactly the same statement a little while ago when he was answered by my colleague, the hon Gugile Nkwinti, he does not let the facts stand in the way of a good waving of his hands as he delivers an impassioned speech. I think that the point of the matter is that the latest figures showed us that employment was actually up 1.3% and unemployment decreased by a little over a percent quarter on quarter from the first to the second quarter. Jobs are created in this economy but we are not where we need to be. The fact of the matter also is that if you want to say where the Western Cape is governed by the DA, the performance of the Western Cape is somewhere in the middle towards the bottom and it is not over the top. So, I think that we can say that you can have the DA or jobs but you can’t have the DA and jobs. [Applause.]

 

GAUTENG GRADE 12 LEARNERS GO PAPERLESS

 

CONVICTION AND SENTENCING OF POST OFFICE CRIMINAL SYNDICATE

 

(Ministerial Response)

The MINISTER TELECOMMUNICATIONS AND POSTAL SERVICES: Deputy Speaker, let me respond to two questions. Firstly, I thank the hon Mabasa for raising the issues about Gauteng connecting 12’s. Let us also thank and congratulate the Premier of Gauteng because he has been at the centre of driving this connectivity programme. He has put aside resources; he has put aside personnel to lead the team including the MEC in order to connect not only the rich schools but also prioritise township and other service area schools. [Applause.] They are going to expand the programme to the rest of the classrooms as part of our phase two of broadband rollout.

 

In the next few weeks our officials will be meeting with officials from Gauteng and thereafter we will meet with the Premier and metro mayors where we will looking at expanding the programme beyond schools to connect communities themselves, in particular extending the free Wi-Fi where Tshwane Metro Municipality has been the leading municipality in South Africa.

 

Secondly, on the issues pertaining to criminals who are troubling our entities just not only the SA Post Office, Sapo, which we welcome that judgment because it sends strong signals that those who are defrauding the state will be dealt with. However, all the entities under our leadership where there are forensic investigations undergoing, we will definitely act. But even where there are no forensic activities, the new leadership which is leading these entities is taking decisive steps in ensuring that those who are not supposed to be in the system are removed from it. Thank you.

 

REDUCTION OF HIV/AIDS RATE OF INFECTIONS

 

(Ministerial Response)

 

The MINISTER OF HEALTH: Hon Deputy Speaker, the United Nations report is a good news report for the world in general but for South Africa in particular. Let me add that only 10 years ago they were 70 000 children born HIV positive in this country, today that number has fallen to below 7000 per annum. We have the right to believe that we can join Cuba very Soon. Cuba is the first country in the planet to totally eradicate mother to child transmission. We have cause to believe that we can join them. [Applause.]

 

Secondly, it gives us hope that we can successfully implement the 90-90-90 on HIV/Aids agreed in the International Aids Conference in Melbourne last year so that by 2030 we can step on top of the mountain and say indeed we have eradicated the whole HIV/Aids epidemic. Thank you very much. [Applause.]

 

SHORTCOMINGS OF NEW VISA REGULATIONS

 

(Ministerial Response)

 

The MINISTER OF HOME AFFAIRS: Hon Deputy Speaker, the first point we need to make is that regulations only regulate the entry stay and exit of people in country—they do not in themselves attract tourists. What attracts tourists to the country is the natural beauty of South Africa and nobody therefore must be able to attract tourists on the basis of weak regulations which can result in the abuse of the country’s legislation and put risks to children in South Africa.

 

Secondly, I reject with contempt the view that protecting our children from the risk of trafficking cannot coexist with attracting tourists. We also reject the contemptuous, crude, brutal and uncaring notion that chasing profits trumps the duty to protect our children. [Applause.] The Children’s Act of 2005 required us to take the steps that we took. Many countries are able both to protect children from the risk of trafficking and yet be able to attract tourists to their countries; such is the case in France, the United Kingdom, Canada and many other countries. Selective quoting of countries on the basis of systems they use is disingenuous to the extreme. Our country must reject this narrative that the interests of the tourism industry on their own trump the duty to protect our children from the risk of trafficking.

 

For a moment, I want this House to pause and think about the children that have been victims of trafficking before and those who are still victims of trafficking today. Think about their parents and the pain they are going through not knowing where their children are, not knowing how their children left the country, not knowing whether their children will be able to return home. [Interjections.]

 

Mr M WATERS: Deputy Speaker, on a point of order. The time allocated to Ministers is two minutes.

 

The DEPUTY SPEAKER: Hon member, I know that and now and then we do give additional seconds to Ministers giving responses. [Interjections.] We do that.

 

The MINISTER OF HOME AFFAIRS: Thank you Deputy Speaker, clearly what I am saying is hurting. Finally, hon Deputy Speaker ... [Interjections.]

 

The CHIEF WHIP OF THE OPPOSITION: Deputy Speaker

 

The DEPUTY SPEAKER: Hon Member, the responsibility for keeping time with due respect to yourselves is the Chair’s responsibility. 

 

The CHIEF WHIP OF THE OPPOSITION: Deputy Speaker, this is precisely why this House degenerates into chaos because there is slack cut to those Ministers but you are very quick to cut off my members when their Member’s Statement time has expired.

 

The DEPUTY SPEAKER: No, hon member ... [Interjections.]

 

The CHIEF WHIP OF THE OPPOSITION: You need to be in even handed. They are ordinary Members of Parliament as well and they do not have special privileges in this House. Their time can’t be left to people’s discretion. [Applause.] That is exactly why the Presiding Officers in this House are not given the respect they deserve.

 

The DEPUTY SPEAKER: Hon member, you are reaching conclusions you shouldn’t and we will come back to you to explain again why this has happened before and why now and then we choose to provide that time for Ministers to provide critical responses to questions. Hon Minister, conclude your comment.

 

The MINISTER OF HOME AFFAIRS: Hon Deputy Speaker, quite soon we will be making announcements on these issues of regulations in terms of how we intend to address some of the concerns raised with us. Deputy Speaker, we will not compromise on protecting children.

 

NATIONAL WOMENS DAY

 

(Minister’s Response)

 

The MINISTER OF WOMEN IN THE PRESIDENCY: Deputy Speaker, I want to thank hon Majeke for her comments in recognising the importance of women’s month in South Africa, and also in realising that, as we celebrate the 59th anniversary of the Women’s March, we are here because of those women who boldly marched to the Union Buildings in 1956 to fight apartheid laws. Today, we are a free South Africa because of the boldness of those giants and heroines who made it possible for us to be where we are today.

 

Indeed, the President will be launching the status of women report on 9 August in Sasolburg. That will be the first of its kind from our department. However, that is the beginning of the work of trying to reflect on the achievements and where we are going. It might not be conclusive but this is the beginning of the work of trying to disaggregate and understand what we have achieved and what more we need to do as a country. Thank you very much.

 

MINISTER FAITH MUTHAMBI BACK FROM STUDY TRIP TO CHINA

 

(Minister’s Response)

 

The MINISTER OF COMMUNICATIONS: Hon Deputy Speaker, it seems as if hon Davis still operates with a misplaced mentality that South Africa today can exist without strategic economic ties with countries such as China. This is evident because of his failure to view our visit in the context of the Brics grouping. We all know that what people hear on radio; watch on TV; and read in newspapers and social media influences their views. A rational patriotic South Africans would be very concerned that it matters how South Africa is perceived both here at home and abroad.

 

We had on several occasions clearly demonstrated that this government has no intention of being characterised by a culture of secrecy, disinformation and restrictions on press freedom. [Interjections.] South Africa is a multiparty, democratic state wherein media freedom is enjoyed by all citizens irrespective of racial groupings. Hon Davis, I know that you are a beneficiary to that effect. How I wish you could have joined us in listening to the Chinese not missing a word while telling us how they enjoyed their state controlled media coverage which always promotes patriotism. [Interjections.]

 

Another Chinese lesson for our country is to make media practitioners understand that they are messengers of the truth – nothing else but the truth – who strongly believe in accurate, balanced and fair reporting. Hon Davis, I am worried about your obsession with regard to the SA Broadcasting Corporation, SABC, because you know that the SABC is governed by statutory regulations. We reject the allegations that you are making because you know that they are devoid of all truth. [Applause.]

 

RATES AND MONETARY AMOUNTS AND AMENDMENT OF REVENUE LAWS BILL

(Consideration of Report of Standing Committee on Finance)

 

Mr B A RADEBE: I move that the report be adopted.

 

Mr Y CARRIM: Comrade Deputy Speaker, comrades and friends, I will speak to the Bill and the report that is related to it. Basically, the Rates and Monetary Amounts and Amendment of Revenue Laws Bill give legislative effect to the key tax proposal announced by the Minister in the budget, which of course was tabled this year in Parliament on 25 February. [Interjections.]

 

The DEPUTY SPEAKER: Hon Carrim, I am advised that I have made a mistake. We should first consider the report before we proceed to the Bill.

 

There was no debate.

 

Question put: That the Report of the Standing Committee on Finance on the Rates and Monetary Amounts and Amendment of Revenue Laws Bill be adopted.

 

The DEPUTY SPEAKER: Hon members, the motion is that the report be adopted. Are there any objections? There is an objection. I now put a question. Those in favour will say aye; those against will say noe. Obviously, the ayes have it. Hon members, the objections have been noted and the report is agreed to.

 

Mr N F SHIVAMBU: Hon Deputy Speaker, on a point of order: How do you determine that the report has been agreed to? We have objected to its adoption and if there is no consensus we are calling for a division of the House.

The DEPUTY SPEAKER: Hon Shivambu, do you want it to be reaffirmed?

 

Mr N F SHIVAMBU: No, we are objecting to it and we are calling for a division as well.

 

The DEPUTY SPEAKER: That’s exactly why we give you an opportunity to speak. The hon member calls for a division. The bells will be rung for five minutes.

 

Mr N F SHIVAMBU: Thank you very much.

 

The DEPUTY SPEAKER: No, no, I determine the time. Please don’t take my job.

 

Division demanded.

The House divided.

 

AYES - 239: Abrahams, B L; Adams, F; America, D; Atkinson, P G; Baker, T E; Balindlela, Z B N; Bam-Mugwanya, V; Bergman, D; Beukman, F; Bhengu, F; Bhengu, N R; Bhengu, P; Bilankulu, N K; Booi, M S; Boshoff, H S; Bozzoli, B; Brauteseth, T J; Buthelezi, M G; Capa, R N; Capa, N; Cardo, M J; Carrim, Y I; Cele, B H; Cele, M A; Chance, R W T; Chikunga, L S; Chiloane, T D; Chueu, M P; Coleman, E M; Cwele, S C; Davies, R H; Davis, G R; De Kock, K; Dlakude, D E; Dlamini-Dubazana, Z S; Dunjwa, M L; Ebrahim, E S; Esterhuizen, J A; Faku, Z C; Figg, M J; Figlan, A M; Frolick, C T; Fubbs, J L; Gamede, D D; Gana, S M; Gigaba, K M N; Gina, N; Gqada, T; Grootboom, G A; Gumede, D M; Hadebe, T Z; Hanekom, D A; Hill-Lewis, G G; Hlengwa, M; Hoosen, M H; Hunsinger, C H H; Jafta, S M; James, L V; James, W G; Jeffery, J H; Johnson, M; Jonas, M H; Jongbloed, Z; Kalako, M U; Kekana, H B; Kekana, C D; Kekana, M D; Kekana, E; Kenye, T E; Khoza, M B; Khoza, T Z M; Kilian, J D; Kohler, D; Koornhof, G W; Kota-Fredricks, Z A; Kruger, H C C; Kubayi, M T; Lesoma, R M M; Letsatsi-Duba, D B; Loliwe, F S; Lovemore, A T; Luyenge, Z; Luzipo, S; Mabasa, X; Mabe, B P; Mabe, P P; Mabija, L; Mabika, M S; Mabilo, S P; Mackay, G; Mackenzie, C; Madella, A F; Maesela, P; Mafolo, M V; Mafu, N N; Magadzi, D P; Mahambehlala, T; Mahlalela, A F; Mahlangu, D G; Mahlangu, J L; 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; Manana, D P; Manana, M N S; Mandela, Z M D; Mapulane, M P; Marais, S J F; Masango, M S A; Maseko, L M; Mashatile, S P; Mashile, B L; Masondo, N A; Masuku, M B; Maswanganyi, M J; Mathale, C C; Matlala, M H; Matsepe, C D; Matshoba, M O; Matsimbi, C; Mavunda, R T; Maxegwana, C H M; Maynier, D J; Mazzone, N W A; Mbhele, Z N; Mbinda, L R; Mc Gluwa, J J; Mchunu, S; Mcloughlin, A R; Mdakane, M R; Mhlongo, T W; Mileham, K J; Mmemezi, H M Z; Mmola, M P; Mmusi, S G; Mncwabe, S C; Mncwango, M A; Mnganga - Gcabashe, L A; Mnguni, D; Mnguni, P J; Mnisi, N A; Mogotsi, V P; Mokgalapa, S; Molebatsi, M A; Moloi-Moropa, J C; Morutoa, M R; Mosala, I; Motau, S C; Mothapo, M R M; Motshekga, M S; Motsoaledi, P A; Mpumlwana, L K B; Msimang, C T; Mthembu, J M; Mthembu, N; Mthethwa, E M; Mudau, A M; Muthambi, A F; Nchabeleng, M E; Ndongeni, N; Nesi, B A; Ngcobo, B T; Ngwenya-Mabila, P C; Nkadimeng, M F; Nkomo, S J; Nkwinti, G E; Nobanda, G N; November, N T; Nxesi, T W; Nyalungu, R E; Nyambi, H V; Oliphant, G G; Oliphant, M N; Ollis, I M; Pandor, G N M; Phosa, Y N; Pikinini, I A; Pilane-Majake, M C C; Rabotapi, M W; Radebe, B A; Radebe, G S; Ralegoma, S M; Ramatlakane, L; Ramokhoase, T R J E; Rantho, D Z; Raphuti, D D; Robinson, D; Ross, D C; Scheepers, M A; Schmidt, H C; Semenya, M R; September, C C; Shabangu, S; Shaik Emam, A M; Shinn, M R; Shope-Sithole, S C N; Sibande, M P; Siwela, E K; Skosana, J J; Skwatsha, M; Smith, V G; Steenhuisen, J H; Steyn, A; Stubbe, D J; Thabethe, E; Tleane, S A; Tobias, T V; Tom, X S; Tongwane, T M A; Tseke, G K; Tseli, R M; Tsenoli, S L; Tshwete, P; Tsoleli, S 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 Rooyen, D D D; Van Schalkwyk, S R; Volmink, H C; Vos, J; Walters, T C R; Waters, M; Williams, A J; Wilson, E R; Yengeni, L E; Zokwana, S.

NOES - 14: Dlamini, M M; Khawula, M S; Lekota, M G P; Louw, E N; Mahumapelo, J M K; Matiase, N S; Matlhoko, A M; Matshobeni, A; Mbatha, M S; Mokause, M O; Morapela, K Z; Mulaudzi, T E; Plouamma, M A; Shivambu, N F.

 

ABSTAIN - 1: Kwankwa, N L S.

 

Question agreed to.

 

Report accordingly adopted.

 

The HOUSE CHAIRPERSON (Ms M G Boroto): I will ask the secretary to read the second order.

 

Mr M G P LEKOTA: Madam Speaker, on a point of order: Chair, we request that the objection of Cope be recorded.

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon members, thank you very much. Can the secretary read the second order? [Interjections.] Sorry, can you please sit down? Yes, hon member.

 

Ms M O MOKAUSE: House Chair, can the objection of the EFF be recorded? [Interjections.]

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Honestly, hon members, that’s why ... I think the objection was called before. You were in order to call the objection, which was followed by a division. It has been noted. Can we continue? Can the secretary please read the second order? Can we reduce our noise levels, hon members? Thank you. [Interjections.]

 

RATES AND MONETARY AMOUNTS AND AMENDMENT OF REVENUE LAWS BILL

 

(First Reading debate)

 

Mr Y CARRIM: Chairperson, comrades and friends, as I am saying, the Rates and Monetary Bill basically gives effect to the key tax proposals announced by the Minister when he delivered the Budget, as happened on 25 February this year.

 

The Rates Bill deals with the proposed - we call it the Rates Bill, in short - changes to the rates and monetary thresholds relating to transfer duties, income tax and changes in customs and excise duties.

 

The Tax Law Amendment Bills, on which we were briefed this very morning, deal with the more complex issues and the broader policy issues. We engaged on those two Bills, presented to our committee this morning, far more exhaustively than the Bill that is the subject for our discussion today.

 

Section 2 of the Transfer Duty Act of 1949 provides for the levying of transfer duty on the purchase of fixed property, and the proposed rate changes in respect of the different values of fixed property are set out in detail in clause 2 of the current Rates Bill. The new rates structure applies in retrospect, in respect of property, obviously brought on or after 1 March this year.

 

Section 5(2) of the Income Tax Act of 1962 requires that the rates of tax on income be fixed annually by Parliament. Section 48(b)(1) of the Income Tax Act has a similar requirement for the rates of the turnover tax payable by microbusiness. These rates changes are proposed in clause 3 of the Rates Bill, as set out in detail in Appendix 1 to the Rates Bill and you can peruse it in your time. Of course, many of the underlying policy issues relating to what we are discussing now have already been discussed in our consideration of the Budget between February and June last year.

 

Remember comrades and friends, basically there were two major proposals on raising revenue presented by Minister Nene, to ensure the sustainability of public finances - firstly, the increase in marginal personal income tax rates and of course, secondly, the increase in fuel levies.

 

The marginal personal income tax rates increased by one percentage point for all taxpayers earning more than R181 900 and the proposal was to adjust the tax brackets and rebates to account for fiscal drag.

 

The lowest income brackets will remain at 18%. The brackets and rebates will increase by 4,2%, what we call fiscal drag relief. Thirdly, these changes, combined together, provide for an increasing progressivity of the income tax system, with those earning less than around R450 000, paying less personal income tax, while those on higher income levels, understandable, will pay more.

The general fuel levy was raised by 30,5c per litre and the Road Accident Fund levy on fuel by 50c per litre, so, providing for an increase of 80,5c per litre. The steep decline in the price of petrol has created the space to increase the fuel levies - at least, this was presented by National Treasury at the time - without adversely affecting the economy

 

Other major tax proposals, in regard to this Bill, include the measure to counter base erosion and profit shifting, by improving documentation and reporting requirements relating to transfer pricing, which is a major preoccupation of the mineral’s committee, trade and industry, us and other related committees.

 

Secondly, also, the further proposal was to provide for a more generous turnover tax regime for microbusinesses. In our deliberations and as reported to Parliament, we raised, amongst the issues that came up, that there are sections of the middle income earners, who are concerned about how tax increases impact differently on different strata of middle income earners. For example, as pointed out, the section of the newly emergent African middle classes believes that the tax regime discriminates against them by not taking into account their historical exclusion from belonging to the middle class. They believe that the tax regime should not treat them in the same way as the establishment of class, which was privileged under apartheid.

 

The committee believes their case should be considered, as we said in our report, while also recognising, we must stress the urgent need for the country to reduce inequalities, requiring all those who are better off, whatever their backgrounds, to contribute, through fair and reasonable taxes, to reducing these inequalities, even if there are a variety of other ways in which to reduce inequalities, including through economic growth, job creation and development.

 

The committee has decided to organise a briefing on the fairness and other related aspects of the tax regime on different strata of the middle class. This will be held in the third quarter of this year and will include some relevant civil society stakeholders, the National Treasury, Sars and other relevant parties.

 

The committee also moreover, is concerned about some reports of IRP 5 forms reflecting overstated income, which leads to the individual taxpayer incurring higher tax liabilities. In terms of tax administration, the onus is on the individual taxpayer to provide Sars with proof that the information stated in the IRP5 form is incorrect. The committee is of the opinion that it should not be the sole responsibility of the individual taxpayer to provide this proof, but that the employer should make every effort to ensure that information contained in the IRP5 form is correct and, in addition, provide proof of salary slips and Pay as You Earn, Paye, deductions. If this practice of overstated income is significant, the committee argues that it may be necessary for Sars to have some sort of public awareness campaign on it.

 

Finally, the report noted that the Parliamentary Budget Office has observed that effective personal income tax rates have declined since the 1990s and there is therefore some scope for increasing these. However, the rationale for using this mechanism, rather than, or in addition to, increases in the corporate tax rate and other measures is not always clear. While raising corporate tax rates may discourage investment, increasing personal income tax rates may reduce household demand and place further strain on households in the current economic environment.

 

The committee doesn’t necessarily agree with the Parliamentary Budget Office. We are barely noting, because of the role they play in Parliament, what they feel. So, we said that we will engage more on this with National Treasury and get a better sense of what the rationale for this is. So, in short, let me stress once again, it is not as if the committee agrees with what the Parliamentary Budget Office says, but because they gave considered attention to this matter and they did some research, we thought we should consider what they are saying and engage with National Treasury. I thank you for your attention and time.

 

Mr D J MAYNIER: House Chairperson, the Rates and Monetary Amounts and Amendment of Revenue Laws Bill would’ve been a test for the Minister of Higher Education, Dr Blade Nzimande’s courage. What we do know is that the Minister does not have the courage to contest an election alone in South Africa; however, what we don’t know is whether he would’ve had the courage to oppose this Bill because the Rates and Monetary Amounts and Amendment of Revenue Laws Bill will raise the cost of a bottle of whiskey by R3,77 which, if what we hear is true, will cause a significant dent in the hon Minister’s disposable income.

 

The Minister of Finance, Nhlanhla Nene, reportedly warned that the economy was in deep trouble and that low levels of economic growth and high levels of unemployment were the new normal. The economy is unlikely to grow at more than two per cent this year. A total of 7,6 million people who would like jobs but who cannot find jobs or have given up finding jobs are unemployed. This means that 7,6 million people live without dignity, live without independence and live without freedom in South Africa.

 

Under President Jacob Zuma, the national debt has spiraled from R500 billion in 2008 to R1,6 trillion in 2015, and is expected to rise to R2,2 trillion in 2017. The debt service costs remain the fastest-growing component of expenditure. We will spend R126,4 billion, yes, R126,4 billion on servicing the national debt this year. Staggeringly, we are now spending more on servicing the national debt than we are spending on defence, the police, courts or prisons.

 

The Rates and Monetary Amounts and Amendment of Revenue Laws Bill has therefore been introduced to provide revenue raising measures to ensure we are told the sustainability of public finances. However, the truth is that public finances are not sustainable because of low economic growth, high public sector wage settlements and mismanaged state-owned enterprises.

 

In his budget, the Minister warned about the risk of public sector wage settlements significantly above inflation but the national executive responded with the collective middle finger and reached a public sector wage agreement which will reportedly provide the average state employee with an 11,5% increase and cost an additional R65,6 billion between 2015-16 and 2017-18.

 

We have to ensure that public finances are sustainable by cutting wasteful expenditure, rooting out corruption and dealing with failed state-owned enterprises. However, the fear is that further tax increases could be expected, especially given the Davis Commission’s report on the advantages of VAT.

 

Whatever the case, we have to face the fact that the root cause of the economic problem is the political problem. What we need is clear policy focused on economic growth and job creation, but what we have is policy uncertainty caused by factionalism and division.

 

President Jacob Zuma tells us that the National Development Plan, NDP, is the policy of his government, yet the Deputy Minister of Public Works, Jeremy Cronin, tells us that the NDP is, “more a vision.” Furthermore, he tells us that, “It consists of some useful insights and recommendations, intriguing but untested proposals, summaries of programmes long underway and much else.” What this illustrates is that the biggest binding constraint on the economy is the ANC, and unless we get the politics right we will never get the economics right.

 

That is why more and more young people who want jobs now understand that you can have high rates of economic growth or you can have an ANC government, but you cannot have both; you can have high levels of employment or you can have an ANC government, but you cannot have both. That is why more and more young people without jobs are choosing to vote for freedom, fairness and opportunity in South Africa. I thank you. {Applause.]

 

Mr N S MATIASE: House Chairperson, we dedicate this input to the victorious, unassailable son of the soil, the commander in chief, cic, and president of the EFF, Julius Malema.

 

Le re lekane. [We are ready for you.]

 

Unlike hon Maynier, we have diagnosed the source of the problem. On the one hand the source of the problem is the corrupt political elite of the ANC, and on the other side the filthy rich who eat to their deaths, who are rich and who don’t want to share with the poor. That’s the source of the problem. Over and above this, we have noted that technical corrections in the amendment Bill that is before the House today is also an opportunity to debate an inexcusable antiworker and racist tax regime of the government of the ANC.

 

While personal income tax continues to average more than 40%, the corporate income tax rate has remained largely untouched at a mere 28%. Again, this is evidence of an ANC government that continues to put the interest of capital above the interests of the workers and the poor.

 

In 2014, personal income tax contributed more than R300 billion to a total revenue of R900 billion, compared to just R170 billion from corporate income tax. What is even more disturbing is the fact that government spent billions of rand cleaning the mess of multinational corporations using limited resources. More than 40% of all alcohol consumed in South Africa is not recorded – transactions not taxed.

 

The ANC government tells us that we cannot increase corporate income tax because we will scare away investors. By the way, in addition to unrecorded transactions, companies like SA Breweries, SABMiller, resort to aggressive tax avoidance through more than 60 companies in tax havens, resulting in immediate revenue. Please have the courage of your own convictions and stop tax evasion, illicit revenue outflows and corruption now. By the way, this is the same industry where companies such as British American Tobacco use the SA Police Service’s tactical response unit in its private security interests.

All mining companies operating in South Africa are involved in illicit financial outflows. The R1,2 billion tax bill aggressively avoided by Lonmin through its Bermuda connection is just the tip of the iceberg. We know the likes of Glencore and BHP Billiton are organised crime syndicates. Construction companies like Murray and Roberts and others have made it quite clear that they will do whatever it takes to make as much profit as possible at the expense of the poor, even if it means collusion at the expense of workers and taxpayers.

 

While the ANC government continues to treat corporates with soft gloves, the tax rate has remained relatively low, even compared to our Brics partners. Corporates on the other hand continue to loot and deceive, and the government of the ANC refuses to understand that capital is not a developmental partner. Corporate South Africa has more than R3 trillion in cash which they refuse to invest. Instead, the majority of it is being increasingly shifted to offshore accounts.

 

Some of the key recommendations among others, that the EFF makes is, firstly, increase corporate income tax to at least 33%. This alone will bring in an estimated additional R10 billion annually.

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Mohl. Matiase, nako ya gago e fedile. [Hon Matiase, your time has expired.]

 

Mr N S MATIASE: This is nothing else compared to the mess that the ANC continues to make. We want to tell the ANC that there is no neutrality. You have to choose between foreign investors and the masses of our people. You have a chance to redeem yourself and that chance is now. Thank you.

 

MS S J NKOMO: Hon Chair, this Bill comprises a part of the suite of substantive tax changes and seeks to adjust taxation thresholds and rates of taxation.

 

The Bill contains some of the tax amendments, as announced by the Minister in his Budged Speech in February 2015 and most of these amendments were effective from the tabling of the Budget or soon thereafter.

 

Its amendments deal with a wide variety of taxable revenue streams, which include changes, personal income taxes, medical tax credits, the tax rate for trusts, the turnover tax regime for small businesses, transfer duties on the purchase of properties and excise duties on alcohol and tobacco.

 

One notable change is that the highest marginal tax rate for normal tax for individuals has been increased by 1% from 40% to 41%.

 

Whilst the IFP agrees that personal income tax provides a foundation for tax revenue collection, we note with some concern, the slight creep on personal income tax.

 

Sars must focus more on closing business loopholes like it has done recently by putting into operation a cargo container scanner at the port of Durban, which will bring in close to Rl trillion in customs taxes. These are the types of innovations we want to see Sars involved in. Big businesses that actually focus on profit organisations seem to always be advantaged in terms of taxes, when compared to the ordinary man in the street. We must close the net on business tax loopholes.

 

In this regard, I again raise the question of these burgeoning shopping complexes known as China Towns. Why do these retail outlets not provide customers with invoices, or pay VAT? This seems to be a multibillion rand cash business and government is not batting an eyelid. Why not? Why are these businesses seemingly exempted from paying taxes? This matter has been raised before by the IFP and we are raising it again.

 

Another concern is our constant expansion of the tax code, which has created great complexity and makes it difficult for SMMEs to enter and successfully navigate the challenges. Each tax comes with its own bureaucracy to administer. Yet, in the current budget, 85% of all tax revenue is from just three taxes. A tax overhaul must consider a major rationalisation of most other taxes.

 

MR EM SHAIK-EMAM: Hon Chairperson and members of this honourable House, the Bill debated today aims to give legislative effect to the tax proposals, announced by the Minister of Finance in the Budget Review. Nothing we say here today is going to make any difference, as the proposed amendments in the Bill merely serves to give legislative effect to decisions that have already been taken and implemented.

 

There is no denying that an efficient and progressive tax system is a cornerstone of South Africa’s democracy, supporting the values of social solidarity, as reflected in the Constitution. Tax revenues enable government to redistribute wealth, supply public services and increase domestic investment. Accordingly, the tax system needs to be fair, transparent, efficient and sufficiently flexible to adjust to changes in economic activity.

 

The NFP has taken note of the report of the Standing Committee on Finances with regard to the question of fairness and the impact of taxation on what it terms, the newly emergent African middle class. The tenor of the standing Committee is very worrying in that it seems to sympathise with view of the newly emergent African middle class who believe that the tax regime discriminates against them by not taking into account their historical exclusion from belonging to the middle class. They believe the tax regime should not treat them in the same way as the established middle class, which was privileged under apartheid.

 

The NFP also believes that tax avoidance is rife in South Africa, despite the sterling efforts made by Sars to improve tax collection. In particular, we are concerned with the proliferation of foreign-owned small businesses in the country. Anybody who has walked into one of these shops and bought anything will tell you that there are no cash registers and no receipts. How is the income of these businesses recorded and what mechanisms are there to collect tax from them? The answer is none. The question then is whether this is fair to South African small businesses and taxpayers.

 

Finally, the NFP is highly concerned about the ability to increase the tax base in our country. Our economic growth is virtually stagnant, yet the social spending on grants is burgeoning. Without an increase in the tax base, we are heading for an economic disaster as the government’s social spending rate is increasingly becoming untenable. We will need to find solutions sooner rather than later. I thank you.

 

Mr M G P LEKOTA: Hon Chairperson, we are in desperate times now. Over five million South Africans have no work because the economy is stagnant. To add to our woes, tens of thousands of workers face the threat of retrenchment in the short term.

 

The middleclass is truly bungling under the economic pressure. When the middleclass fails, society collapses. Government can choose to tax income earners heavily and thereby curb economic activity, or it can choose to tax more lightly and preserve economic activity.

 

We would have chosen the latter path in the present circumstances. We are fundamentally opposed to the heavy taxation that strangulates economic growth. The Transfer Duty Act, for example, will not apply to property below R750 000 after the proposed amendment. While this is a 25% improvement on the R600 000, we really need to improve our acquisition by first-time buyers and we need not to place an impediment in the path of new buyers.

 

What can anyone buy today for R750 000 as a lifetime investment? With interest rates increasing, higher transfer duties will severely inhibit property acquisition.

 

The Minister must seriously consider raising the duty-free figure to R1,5 million. Purchases up to that amount, in our view, should attract no transfer duty whatsoever. We do not want to see the bottom falling out at the end of the property market. That will be disastrous for our economy. In any country, a buoyant property market is essential to economic growth.

 

Government should therefore do everything to keep the property market stimulated so that the construction sector can remain dynamic and job opportunities can abound.

 

If the R1,5 million cutoff point that we are proposing did not work and the property market still remained sluggish, we would have abolished transfer duty, all together. Government can only achieve better revenue intake through higher economic activity and not by squeezing life out of the economy.

 

Sustaining growth must remain the fundamental basis for taxation. Similarly, the Minister should have done more to help taxpayers in three lowest rungs of the ladder.

 

Cope does not agree with the jump from 18% to 26% in rung 2 and 31% in rung 3. Constraining income earners from 181,9 to 393,2 through taxation, will seriously hurt the economy without improving state revenue.

 

Desperate times need desperate measures, but the Minister lacks the courage to act accordingly. In our view, the Minister dismally failed the taxpayer, especially at the lower three levels. He also failed first-time home buyers.

 

Cope will therefore not support this Bill. It is counterproductive in key parts. I thank you.

 

Ms D G MAHLANGU: House Chair, hon members, a very good afternoon. Lotjhani. [I greet you all.] The policy principle informing the ANC when dealing with matters of taxation is one which reflects the values of social solidarity. In this regard, taxation legislation and the important determination of rates and thresholds must be a reflection of this value of social solidarity. Such determinations should therefore influence the indicators used when constructing rates and thresholds.

 

Transforming the lives of the poor through fiscal policy does suggest that the nature and character of revenue raising measures that are adopted must on the one hand ensure the sustainability of the public finances whilst in their application reflect biasness towards addressing the needs of the poor.

 

The fairness and progressivity of the tax system is informed by the choice of rates and thresholds, despite the challenges regarding economic growth and revenue collection. The fiscal deficit, rising debt service cost and the fiscal stands of the ANC-led government recognise that the poor are just as equal as everybody else. A recent World Bank study has shown that since the end of apartheid, South Africa has made progress towards establishing a more equitable society, and that there has been a sizable reduction in the levels of poverty in recent years.

 

The report also confirmed that South Africa’s fiscal policies are cutting the rates of poverty and inequality and that tax and social benefits are effectively redistributing income from rich to poor. Choices of income tax brackets and rebates are conscious choices which consider, amongst others, matters of inflation and how this will impact upon lower and middle-income earners. The manner in which relief is structured to the lower and middle-income earners balances itself upon the needs to generate ever greater sources of revenue whilst ensuring that the cost of living are cushioned for those who can least afford it. Government has not only broadened the tax basis 1994, but also built an efficient tax administration through Sars to generate the resources needed to fund competing priorities in the country.

 

South Africa is one of the countries in the world that is experiencing the abuse of transfer pricing, base erosion and profit-shifting, Beps. Multinational companies, MMEs, especially in the mining sector continue to distort transfer pricing. This has led to the National Treasurer, together with Sars and the Reserve Bank, to highlight abusive practices of mispricing, base erosion and profit shifting as the important focus areas especially where it involves shifting of profits to jurisdictions outside South Africa. The abuse of transfer pricing and Beps result in the loss and decline of tax revenue which is critical in promoting economic growth.

 

The loss of tax revenue as a result of Beps leads to critical underfunding of public investment that could help promote economic growth, have a negative impact on labour empowerment ethical practices and in addressing the triple challenge of poverty, inequality and unemployment. The unique circumstances of South Africa have to be taken into consideration before legislative action can be taken. It has to be crafted in the context of the countries’ economic policy, the NDP and the constitutional objectives.

 

The ANC-led government has prioritised entrepreneurship and the advancement of small, medium and macrosized enterprises as the catalyst of achieving economic growth and development. Key to this, has been the implementation of SMME-related polices to ensure that adequate financial and nonfinancial assistance is provided to the sector for its long-term priority and that of the country as a whole.

 

Through the commitment of the ANC-led government to enhance SMME’s support, a dedicate department has been established to strengthen support of the small business sector. This commitment is in line with the National Development Plan, NDP. To achieve the NDP objectives, partnerships between government and other organisations is of utmost importance.

 

The ANC-led government remains committed to creating an environment that supports both informal traders and entrepreneurs who seek to develop small businesses into larger enterprises. Red tape and bureaucracy are hindrances to doing business, especially to small and medium-sized firms. And this Bill aims to streamline the regulatory regime. The proposed reform will reduce compliance cost and facilitate access to equality finance. A number of measures have been identified in the NDP to promote and support the development of the small business sector.

 

As noted in the 2014 budget the committee further proposed that turnover up to R350 000 should be taxed at zero-tax rate and the maximum rate be adjusted from the current 6% to 5%. The Committee on Tax and Revenue further concluded that the lower tax rate for small business corporation are not effective, do little to support the object of small business growth and do not address tax compliance cost.

 

The current regime provides tax relief to 50 000 businesses and to professions that originally intend beneficiaries. The ANC-led government has supported the reduced tax-rate regime with an annual refundable tax-compliant rebate. Informed by the Davis Tax Committee, the Bill incentivises income tax compliance by small business corporations, SBCs which are entitled to a cash rebate of R15 000 in tax liability. Thank you very much, hon House Chair. [Time expired.] [Applause.]

 

Mr D D VAN ROOYEN: Hon House Chairperson , hon Members of Parliament, I think in debating this Money Bill, one need to remind the House of the evolution of tax policy trends from 1994, hitherto. My specific target in this regard is opposition parties who seem to be severely struck by insomnia fever. Maybe I must take this opportunity to welcome hon Maynier. I hope we will have less time to dance and more time to familiarise ourselves with real issues our financial system.

 

Since coming to power in 1994, the ANC policy priorities focused on restructuring government expenditure towards social services that will contribute to better life for all South Africans and putting in place a microeconomic framework conducive to investment and economic growth.

 

Unlike the ousted white minority regime which was mainly focusing on improving the lives of few whites, the ANC-led government’s obsession has been about a better life for all South Africans. These include whites who immensely benefited from the evil apartheid system.

 

The success and sustainability of these progressive expenditure trends require realistic and practical revenue sources. From the beginning, it has been very apparent to the ANC that the government has to strategically maximise the revenue rising instruments at its disposal in order to address huge backlogs on social and infrastructure service provision, maybe to the previously disadvantaged communities.

 

Allow me, hon House Chair, to remind the DA, including hon Maynier and hon Ross that the backlog referred to was induced by the apartheid government ... [Interjections.] ... from which most of them benefited. Instead of rejecting the Bill meant to generate revenue to undo the evil mistakes committed by their forbearers in the spirit of reconciliation and prosperity, I will urge them to at least support this Bill. [Interjections.]

 

As the ANC, we fully concur that the ability of any government to decide and implement the tax system hinges on the capacity of the revenue authorities to administer the taxes. Therefore, any shortcomings in the administration of tax legislation and the collection of revenue will adversely impinge on the integrity of the tax system and any reform programme.

 

We acknowledge and welcome SA Revenue Service, Sars, introduction of many specific measures to improve the efficiency of tax collection in our beloved country, South Africa. As a result, since 1994, South Africa has realised that not less than 80% of budget revenue and consolidated revenue respectively accounted for by tax revenue which is collected by Sars.

 

Measures introduced by Sars have led to the realisation of higher than expected revenue collection in most financial years hitherto. Levels of compliance has drastically ballooned leading to the bulging of the national tax register. The introduction of electronically advance schemes like e-filing has drastically reduced the cost of revenue collection.

Sars’ adherence and commitment to its primary mandate is conspicuously evident in the recently released preliminary revenue collection outcome. Despite challenging economic conditions and alleged instability in Sars, they managed to collect R984,86,4 billion, which is 9,6% growth in total revenue from the previous financial year.

 

Important to note, hon members, the fact that the recorded revenue performance was made possible by an extra ordinary drive by Sars on compliance improvement undertaking under the auspices of its comprehensive revenue plan which in aggregate injected about R22 billion. This additional revenue compensated for revenue collection shortfall caused by a slow economy.

 

By the way, let me remind this House that doomsayers and the less patriotic among us predicted a very negative outlook because of the so-called exodus of skilled people and the appointment of a new commissioner possessing no tax experience.

 

Numbers can’t lie, we challenge all and sundry to refute this preliminary tax revenue figures. We commend Sars team under the capable leadership of Commissioner Tom Moyane for a job well done in a short space of time. You didn’t allow distractions by our freedom detractors to sway your focus from your national duty.

 

In light of all concerted efforts to undermine and erase the gains of hard-fought freedom. We call on your team to remain firm and focused. Count on our committee for robust oversight and support as we collectively drive Sars to greater heights.

 

Due to the sluggishness both global and domestic economic outlook, in 2014, the Medium-Term Budget Policy Statement envisaged a structural increase in tax revenues needed, of course, to safeguard the public finances and ensure that the fiscal framework is sustainable.

 

As the ANC we argued that any change to our tax structure should seek to enhance the principle of fairness that is vertical equity as well as progressivity. I think my two colleagues, hon Carrim as well as hon Mahlangu have elaborated on the progressivity as well as the vertical equity that is to be realised in the mooted rates. I think I am not going to waste time dealing with those.

 

I agree further with hon Mahlangu that our government policy stance has indeed provided real income relief for all tax payers with most of the relief to low and middle income earners. Income tax relief for just the period from 1994 to 2002 was close to R50 billion. The slow economic growth, inter alia, shrinks any country’s tax base, leading to unusual taxation provisions. South Africa is not immune. As much as it is managed to accord its taxpayers income tax relief for a long time, the current decline in our economic growth has adversely affected our tax base.

 

As we strive to deal our revenue challenge, it is equally crucial to take note of other countries’ experiences and learn one or two lessons from them. The quickest to come to mind is Greece. The Greece government had for a while engaged in what we are encouraged to do today by some speakers - what we call profligacy expenditure conduct. It is a conduct that allows them to practice what is termed distorted corporatism. They dish out generous social benefits in the absence of corresponding income generation.

 

The current developments in Greece are a direct result of experience and populace political decisions. A lesson to learn from this unfortunate situation is that no amount of populism will bring stability to public finances. All populist parties fail in Greece. This includes even the new kid on the block, seriously, which is currently imploding in the face of huge financial crisis facing in that country. I should encourage these populist parties to learn a lesson or two from what is happening in Greece.

 

We should collectively encourage the Finance Ministry to continue to be vigilant and to introduce appropriate reforms in dealing with identified problems. We can’t be like Greece, which pretended not to see their problem for too long and postponed the introduction of the much-needed reforms. When we need reforms, Sars and National Treasury must act prudently to introduce such reforms. I am tempted to remember what was said by the 32nd President of America, Delano Roosevelt, when asked about the roles of tax to civilisation had this to say and quote: “Taxes, after all, are the dues that we pay for the privileges of membership in an organised society.”

 

In simplistic fashion, it means paying tax is a patriotic conduct. To the opposition I would like to say:

 

Please, please, I urge you to do the honourable thing, support this Bill. By supporting it you enhance the limited prospects of being regarded as true patriots.

 

Ke a leboga [I thank you.] [Applause.]

 

The DEPUTY MINISTER OF FINANCE: Hon House Chair, hon members, I must start of by appreciating many of the comments made here and I will also advise hon members that they can still continue to make submissions to the Davis Committee on Tax on some of the changes and amendments that they are proposing to the system.

 

Maintaining the current levels of government expenditure to meet the needs of the country continues to be the top priority for government. The public provision of services and the allocation of grants directly improve the wellbeing of the most vulnerable in society, whilst increased public investment paves the way for a more prosperous future through higher economic growth.

 

I must emphasise, the financing of public expenditure must be sustainable. Relying on excessive levels of debt to fund government spending will lead to an ever increasing portion of our budget being allocated for debt repayments putting public services and economic growth at risk.

 

The global economy has struggled to regain the momentum that has been lost since 2009 and South Africa has not been spared from the negative impacts of financial crises. While economic growth is returning in some parts of the global economy, the structural constraints in South Africa have limited the extent to which our economy has recovered. If one looks at the Organisation for Economic Co-operation and Development, OECD, report recently, it probably amplifies that point.

 

The Medium Term Budget Policy Statement in October 2014 signalled our intent to safeguard the public finances through two years of fiscal consolidation by increasing tax revenue and lowering the spending ceiling. The Rates and Monetary Amounts and Amendment of Revenue Laws Bill provides the mechanism to carry out the tax rates adjustments needed to raise this additional revenue.

 

Government is mindful that the best way to optimise revenue sources for the fiscus is to be more decisive on how to increase and sustain economic growth levels. Key to this will be to address supply side constraints such as electricity and skills, build a more efficient trade and logistic platform as a country and diversify our economy away from overdependence on commodity exports and financial inflows as the key sources of growth. This is exactly what the 9-point plan seeks to do and the National Development Plan outlines. The Bill may contain simpler tax amendments for the year; however, they have the largest impact on tax revenue.

 

The main proposal includes one percentage point increase in marginal personal income tax rates for those incomes that are above R181 900, which along with the increase in the fuel levy, will be sufficient to meet the additional revenue requirement that was published in the 2014 Medium Term Budget Policy Statement, MTBPS.

 

The tax system plays an important role in ensuring that our society is equitable. The amendments also increase income tax brackets by an amount close to inflation and increase the tax free income threshold from R70 700 to R73 650 to alleviate the impact on those with lower income. The Bill also supports small businesses by implementing a recommendation of the Davis Tax Commission by increasing the turnover levels from R150 000 to R335 000 and the marginal tax rate has been halved from 6% to 3%.

 

The other amendments in the Bill have a smaller overall revenue impact, but aim to improve the relief for vulnerable taxpayers and improve the progressiveness and simplicity of the tax system and make general adjustment to the tax system to account for inflation.

 

Secondly, this might not satisfy everybody, but we think that we will continue to strengthen the progressivity of our tax system. Even with these tax changes and the expected higher revenue, we will continue to pay intense attention and interest in the progression of our tax receipts through the year and be ready to act where necessary.

 

We are thankful for the continued support from the standing committee but also continue to appreciate the work that the SA Revenue Service continues to do under difficult conditions. I thank you. [Applause.]

 

Mr N S MATIASE: House Chair, we rise to register our objection as the EFF.

 

Question put.

 

Division demanded.

 

The House divided

AYES - 185: Abrahams, B L; Adams, P E; Adams, F; Bam-Mugwanya, V; Basson, J V; Beukman, F; Bhengu, F; Bhengu, N R; Bhengu, P; Bilankulu, N K; Booi, M S; Buthelezi, M G; Capa, R N; Capa, N; Carrim, Y I; Cebekhulu, R N; Cele, M A; Cele, B H; Chikunga, L S; Chiloane, T D; Chueu, M P; Coleman, E M; Cwele, S C; Dlakude, D E; Dlamini-Dubazana, Z S; Dunjwa, M L; Esterhuizen, J A; Faku, Z C; Filtane, M L W; Frolick, C T; Fubbs, J L; Gamede, D D; Gigaba, K M N; Gina, N; Gumede, D M; Hanekom, D A; Hlengwa, M; Holomisa, S P; Jafta, S M; Jeffery, J H; Johnson, M; Jonas, M H; Kalako, M U; Kekana, H B; Kekana, E; Kekana, C D; Khoarai, L P; Khoza, M B; Khoza, T Z M; Khubisa, N M; Khunou, N P; Kilian, J D; Kubayi, M T; Lesoma, R M M; Letsatsi-Duba, D B; Loliwe, F S; Luyenge, Z; Luzipo, S; Mabasa, X; Mabe, B P; Mabe, P P; Mabika, M S; Mabilo, S P; Madella, A F; Maesela, P; Mafolo, M V; Mafu, N N; Magadzi, D P; Magwanishe, G; Mahambehlala, T; Mahlalela, A F; Mahlangu, D G; Mahlangu, J L; Mahumapelo, J M K; Maila, M S A; Majeke, C N; Majola, F Z; Makhubela-Mashele, L S; Makhubele, Z S; Makondo, T; Makwetla, S P; Malgas, H H; Maluleke, J M; Manana, D P; Manana, M N S; Mandela, Z M D; Mapulane, M P; Martins, B A D; Masango, M S A; Masehela, E K M; Maseko, L M; Mashatile, S P; Mashile, B L; Masondo, N A; Masuku, M B; Maswanganyi, M J; Mathale, C C; Mathebe, D H; Matlala, M H; Matshoba, M O; Matsimbi, C; Mavunda, R T; Maxegwana, C H M; Mbinda, L R; Mchunu, S; Mdakane, M R; Mjobo, L N; Mmemezi, H M Z; Mmola, M P; Mmusi, S G; Mncwabe, S C; Mncwango, M A; Mnganga - Gcabashe, L A; Mnguni, D; Mnguni, P J; Mnisi, N A; Mogotsi, V P; Molebatsi, M A; Moloi-Moropa, J C; Morutoa, M R; Mosala, I; Mothapo, M R M; Motshekga, M S; Mpumlwana, L K B; Msimang, C T; Mthembu, J M; Mthethwa, E M; Mudau, A M; Muthambi, A F; Nchabeleng, M E; Ndongeni, N; Nesi, B A; Ngcobo, B T; Ngwenya-Mabila, P C; Nkadimeng, M F; Nkomo, S J; Nkwinti, G E; Nobanda, G N; November, N T; Nxesi, T W; Nyalungu, R E; Nyambi, H V; Oliphant, G G; Patel, E; Phosa, Y N; Pikinini, I A; Pilane-Majake, M C C; Radebe, B A; Radebe, G S; Ralegoma, S M; Ramatlakane, L; Ramokhoase, T R J E; Rantho, D Z; Raphuti, D D; Scheepers, M A; Semenya, M R; September, C C; Shabangu, S; Shope-Sithole, S C N; Sibande, M P; Singh, N; Sithole, K P; Siwela, E K; Skosana, J J; Skwatsha, M; Smith, V G; Surty, M E; Thabethe, E; Tleane, S A; Tobias, T V; Tom, X S; Tongwane, T M A; Tseke, G K; Tseli, R M; Tsenoli, S L; Tshwete, P; Tsoleli, S P; Tsotetsi, D R; Tuck, A; v R Koornhof, N J J; Van Der Merwe, L L; Van Rooyen, D D D; Van Schalkwyk, S R; Williams, A J; Yengeni, L E.

 

NOES - 6: Matiase, N S; Maynier, D J; Mokgalapa, S; Ross, D C; Steenhuisen, JH; Waters M.

 

ABSTAIN - 1: Swart, S N.

The results of the division showed that there was not a majority of the members of the National Assembly present for a vote to be taken on a Bill as required by Rule 25(2)(a), decision of question is postponed.

 

RATES AND MONETORY AMOUNTS AND AMENDMENTS OF REVENUE LAWS BILL

 

(Second Reading debate)

 

The CHIEF WHIP OF THE OPPOSITION: I rise on a point of order. House Chair, could you please give guidance whether it is possible to proceed to a Second Reading debate when the Bill has failed on the First Reading debate?

 

The HOUSE CHAIRPERSON (Ms M G Boroto): I was following a process. There is now a hand by the Deputy Chief Whip. Can you allow the process hon Steenhuisen?

 

The DEPUTY CHIEF WHIP OF THE MAJORITY: House Chairperson, I move that the decision on this matter be postponed.

 

The HOUSE CHAIRPERSON (MS M G Boroto): On the Second Reading? The understanding is that the Third Order which is the Second Reading debate, Rates and Monetary Amounts and Amendments of Revenue Laws Bill be postponed.

 

The CHIEF WHIP OF THE OPPOSITION: Chair, can we get clarity? The Bill was defeated. So, on what basis is it put to the House for a Second reading if it’s been defeated?

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon members, if you heard me correctly, what I said was that the requisite number was supposed to be 201 and we did not reach that number. So, it was not defeated; it’s only that the number was not reached. That’s why we said that it is postponed. Now, I had to follow the process and call for the Third Order, and with regards to the Third Order, there is a motion by the Deputy Chief Whip that the Third order be postponed like the First Order that could not meet its requisite. Unless there are objections to that, we continue with our programme. No objection?

 

Mr NS MATIASE: Madam Chair, we object. In fact, to justify our objection, we want this point to be underscored. Lizzie Ridout said, it’s not those who are voting who determines the outcome of the vote, but those who counts the vote.

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Unfortunately, hon member, we are not on that lecture now.

 

Mr NS MATIASE: We hope the counting there can be accurate.

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Can we continue? We are not on that lecture now. I will recognise you, hon Steenhuisen, I’ve noted you. Can you give me a chance? Table staff, can you give me some advice on this matter? [Interjections.]

 

Thank you very much, hon members, it was for me to continue to the Fourth Order, but hon Steenhuisen rose up. Hon Steenhuisen, can I recognise you?

 

The CHIEF WHIP OF THE OPPOSITION: Just in terms of ... I beg your pardon?

 

The MINISTER OF TELECOMMUNICATION AND POSTAL SERVISE: You are the course.

 

The CHIEF WHIP OF THE OPPOSITION: I’m not the course! You can’t get your members into the House. You are the course of it.

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon Steenhuisen, please!

The CHIEF WHIP OF THE OPPOSITION: Get your members here! Where are they? They are elected to serve the people of South Africa and they are sitting at home. You are the course of it! You are the course of it! [Applause.]

 

The HOUSE CHAIRPERSON: (Ms M G Boroto): Hon Steenhuisen, you are recognised, please talk to me!

 

The CHIEF WHIP OF THE OPPOSITION: I want to seek clarity from you, whether a Second Reading debate can be called if the First Reading debate has not succeeded? That’s a clarity that I seek from you.

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Oh, that you seek from me? Okay, I can be assisted to answer that question. Unless you want to assist us because, having looked at the rules, it became grey to me. Unless you want to assist us! I say this because we have already passed that. Unless you want to assist us, you are allowed.

 

The CHIEF WHIP OF THE OPPOSITION: I would say to you, House Chair, that a Second Reading debate in a Bill can be called if the First Reading debate has not succeeded. This is a Money Bill. So, there may be a certain procedure for it that we are not aware of, but it’s my understanding that if there is a failure on the First Reading, it may not then proceed to a Second Reading.

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Okay. Can I then suggest this, that because I’ve seen grey in the Rules and you are talking about a Money Bill, and obviously it has been defeated and there was a motion for postponement, that we allow ... [Interjections.] ... hon members! ... [Interjections.] ... that we allow the proceedings of the day to continue whilst we seek the clarity. Can I ask the Table staff now to read the Fourth Order?

 

Ms H O MAXON: Hon Chair, just to make a correction, that Order was not defeated.

 

The HOUSE CHAIRPERSON (Ms MG Boroto): I think I’ve explained that it was not defeated ... [Interjections.]

 

Ms H O MAXON: Yes, but you’ve just said that it was defeated.

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Oh, I’m sorry! It’s the tongue! I explained that it was not defeated, but the requisite number was not reached. Thank you.

The CHIEF WHIP OF THE OPPOSITION: Chairperson, we can split hairs, but if we don’t have a number of votes, it’s been defeated.

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Oh no, hon member, we are done with that!

 

Hon Steenhuisen, fortunately the table staff has been able to assist us before we continue in that it is true. If the First Reading debate did not reach the requisite and has been postponed, we don’t have to call the second Reading debate. Thank you, very much. Now, I call the table staff to read the Fourth Order. 

 

CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON LABOUR ON LABOUR RELATIONS AMENDMENT BILL

 

There was no debate.

 

The Deputy Chief Whip of the Majority Party moved that the report be adopted.

 

Declarations of vote:

 

Mr I M OLLIS: This Private Member’s Bill is a Bill that could have prevented the killing of workers and policemen during the Marikana strike. It would have allowed courts to declare that strike unprotected and forced employers and trade unions into arbitration and a negotiated settlement. Nobody had to die. I tabled this Private Member’s Bill on strike violence in Parliament in October 2010 – a full two years before the Marikana violence broke out in 2012.

 

However, the ANC does not like democracy. That proved this with their actions. They do not want proposals or Private Members’ Bills from the opposition. In fact, the courts agreed that that is the case after the hon Mario Ambrosini’s court action. The Constitutional Court ruled that the so-called Private Member’s Committee was unconstitutional because it had become the ANC’s censorship mechanism to block the opposition’s proposals from seeing the light of the day.

 

Now, the Constitutional Court has partially freed us from the clutches of the ANC by allowing our Private Members’ Bills to at least be discussed in committee, but that is not enough. Democracy means including all the role-players and compromising at times for the greater good. It does not mean majoritarianism, which is what the ANC believes in.

The ANC has become addicted to power, which is like a drug coursing through their veins. They will not give up power at any cost, even if it means taking the country down the drain with them. Think of our collapsing economy; think of the lives lost in Marikana. If only this Bill had been sent to the National Economic Development and Labour Council, Nedlac, for deliberation. But it is not just in Parliament that they are trying to kill democracy. In Oudtshoorn the ANC refused to hand over power when they lost in the by-elections.

 

I can reveal today that in Johannesburg over 600 petitions from the public have never been processed by the ANC-run City of Johannesburg Metropolitan Municipality Council, because the ANC is afraid of letting the public have a say. Democracy is not just about elections, it is more about listening to new ideas from the public and this Private Member’s Bill is one such idea.

 

However, the ANC is even confused about whether or not it supports this Bill. We all know that the Chairperson of the Portfolio Committee on Labour is a special person. She is so special in fact that she signed the wrong version of the motion of desirability. The one that Ms L E Yengeni signed on 17 June 2015 - and I have it here - reads, “in the opinion of the Portfolio Committee on Labour, the legislation is desirable to amend the Labour Relations Act and that the Bill before the committee be taken as a basis”.

 

Hon Yengeni signed the wrong one. She is supporting my Bill. The ANC on the committee is against it. Who do we believe? [Laughter.] The ANC does not believe in democracy any longer. Guess how many Private Members’ Bills in the Fourth Parliament were sent to Nedlac by this Parliament? [Time expired.] Zero! [Applause.]

 

Mr K Z MORAPELA: Hon House Chair, the EFF supports the decision of the portfolio committee to reject the Private Member’s Bill tabled by hon Ollis of the DA to amend the Labour Relations Act of 1995 to hold unions accountable for violence committed during strikes and industrial action. We see the attempt as nothing more than an attempt by a party whose interest is to protect and advance the interest of white monopoly capital and pushing workers for engaging in industrial action.

 

The biggest crime is the one committed by those whose interests the DA, together with their friend, the ANC, represent. Those interests include protecting capitalists in their endeavours to make our country as capital as possible at the lowest labour cost possible. It was this protection of white capitalists that led to the massacre of the workers in Marikana whose crime was to demand a living wage.

 

According to the logic of the Private Member’s Bill, the workers in Marikana would have been held criminally liable for raising their demands. We found it interesting that the ruling party, which is the ANC, rejected this Bill because it sought to do what they are doing in any case. The ANC only rejects it because it will threaten the interests of their allies in Cosatu, whose interests have nothing to do with the interests of the workers. We welcome the rejection of this regressive Private Member’s Bill.

 

Mr M HLENGWA: Hon House Chairperson, at the outset, let me say that as the IFP we believe that the Portfolio Committee on Labour has lost and squandered an opportunity to intervene in an issue of great national importance to the people of South Africa. This Bill and what it speaks to has great merit and we should have paid greater attention to its content and import. But instead, what happened in the portfolio committee and the deliberations, was that the committee chose to play the man and not the ball and deferred it on, what appears to be, superficial grounds just because it was a Private Member’s Bill and was not introduced by a member of the executive.

In the last few years, we have seen an untold number of strikes and protest actions descending into chaos and violence. These many instances have led to innocent people being injured and property being destroyed. There are never any consequences and no one is ever held responsible. This Bill seeks to address that lacuna by holding labour unions to account in respect of strike actions that descend into such chaos and violence. It calls for and promotes responsible strike action with consequences if this does not occur.

 

But it seems that every time Cosatu sneezes, all of us catch the cold and that the grip of the unions and the alliance partners on the ruling party has not had any positive effect in the progress in which this country seeks to make, in particular in this instance whereby we seek to protect the collective interest of the workers. We believe that a great opportunity has been lost by the ruling party who, clearly motivated by the wishes of its alliance partners, has once again acted to the detriment of the vast majority of South Africans.

 

The IFP, having championed Private Members’ Bills wants to encourage members to continue to bring these Members’ Bills to this House, because it is a right we fought for. We might try and fail, but we will never fail to try, because we put the interest of the people first. I thank you. [Applause.]

 

Mrs D CARTER: Chairperson, Cope expresses serious concern, as do the people of South Africa, about the prolonged and at times violent strikes. It is of no use assuring the country that the Regulation of Gatherings Act, Act 205 of 1993, and the Nedlac process, led by the Deputy President, can adequately deal with the problem when this is patently not so. It is in no one’s interest, least of all the workers, for strikes to drag on or for violence to occur during such prolonged labour action.

The hon Ollis’ Bill sought through this Bill to seek a speedy and peaceful resolution to labour disputes, so do we as Cope and, dare we say, the workers and the whole of South Africa. Government must, without any further delay, come with solutions to ending protracted labour disputes and put in place mechanisms to stop disgruntled workers from resorting to violence when disputes remain unresolved for long periods of time. The Deputy President must make a statement in Parliament detailing progress at Nedlac in this regard as well. I thank you.

 

Ms L E YENGENI: Deputy Chair, I just want to put on record that I did in fact sign the right document.

 

An HON MEMBER: There is a first time for everything!

 

An HON MEMBER: Are you sure?

 

Ms L E YENGENI: The committee, having considered the desirability of the subject matter of the Bill in terms of interim measures for the introduction and consideration of Private Members’ Bills, reports that it has rejected the Private Member’s Bill.

 

The reasons for the rejection are as follows: There is a law in place that regulates strikes. The Regulation of Gatherings Act of 1993, section 11 says that if there is a riot damage which occurred as a result of a gathering which include strikes, the organiser of that strike and persons who participated are liable for that riot damage.

 

An HON MEMBER: Tell that to Marikana!

 

Ms L E YENGENI: What is proposed by the Labour Relations Amendment Bill by hon Ollis is already provided for in the Regulation of Gatherings Act. This was confirmed by our Constitutional Court in the case of Garvis and others v Satawu in 2012. In that case, during a strike action in the security industry, private-owned property was damaged and the individuals claimed damages from Satawu as the organiser of the gathering in terms of the Regulation of Gatherings Act.

 

The court confirmed that the Regulation of Gatherings Act is there to afford victims remedy where a gathering results to injury or loss of property. The Nedlac process, led by the Deputy President currently, is also dealing with this matter of prolonged and at times violent strikes. Once more, on the bases that I have just read, we reject the Amendment Bill, I thank you. [Applause.]

 

Question put: That the Report of the Portfolio Committee on Labour on Labour Relations Amendment Bill be adopted.

 

Mr I OLLIS: Chairperson, on a point of order: That is exactly my point. The Chairperson of the committee signed this document which says the Bill is desirable and the committee report says the committee found the Bill to be undesirable. So, the confusion is already at the level of the committee and now members of the House don’t even understand which way they are voting. [Laughter.]

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon member, they do understand why they are voting. [Interjections.] Let me say this, the Announcements, Tablings and Committee Report says that the committee rejects it. So, that is what we are talking about here.

 

Division demanded.

 

The House divided.

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Thank you, I just want to say, because of the confusion that hon Ollis caused, let me explain this before we vote. Hon members, ...

 

Mr I OLLIS: On a point of order, Chairperson: It was not I who created the confusion, it was you, actually.

 

The HOUSE CHAIRPERSON (Ms M G Boroto): No, no, no, you just talked before I could even conclude what I was saying. I need members to know exactly what they are voting on. Hon members, the report that we have to adopt says that it was rejected by the portfolio committee. So, that is what we are voting on - on the report that was rejected by the portfolio committee. Now I will start the process.

AYES - 175: Abrahams, B L; Adams, F; Adams, P E; Bam-Mugwanya, V; Basson, J V; Beukman, F; Bhengu, P; Bhengu, F; Bilankulu, N K; Booi, M S; Capa, R N; Capa, N; Carrim, Y I; Cele, B H; Cele, M A; Chikunga, L S; Chiloane, T D; Chueu, M P; Coleman, E M; Cwele, S C; Dlakude, D E; Dlamini, M M; Dlomo, B J; Dunjwa, M L; Ebrahim, E S; Faku, Z C; Frolick, C T; Fubbs, J L; Gamede, D D; Gina, N; Gumede, D M; Hanekom, D A; Holomisa, S P; Jeffery, J H; Johnson, M; Kalako, M U; Kekana, H B; Kekana, E; Kekana, C D; Kekana, M D; Khawula, M S; Khoarai, L P; Khoza, M B; Khoza, T Z M; Khunou, N P; Kilian, J D; Kota-Fredricks, Z A; Kubayi, M T; Lesoma, R M M; Letsatsi-Duba, D B; Loliwe, F S; Louw, E N; Luyenge, Z; Luzipo, S; Mabasa, X; Mabe, B P; Mabe, P P; Mabilo, S P; Madella, A F; Maesela, P; Mafolo, M V; Mafu, N N; Magadzi, D P; Magwanishe, G; Mahambehlala, T; Mahlalela, A F; Mahlangu, D G; Mahlangu, J L; Maila, M S A; Majola, F Z; Makhubela-Mashele, L S; Makhubele, Z S; Makondo, T; Malgas, H H; Maluleke, J M; Manana, D P; Manana, M N S; Mandela, Z M D; Mapulane, M P; Martins, B A D; Masango, M S A; Masehela, E K M; Maseko, L M; Mashatile, S P; Mashile, B L; Masondo, N A; Masuku, M B; Maswanganyi, M J; Mathale, C C; Mathebe, D H; Matiase, N S; Matlala, M H; Matlhoko, A M; Matshoba, M O; Matshobeni, A; Matsimbi, C; Mavunda, R T; Maxegwana, C H M; Mbatha, M S; Mbinda, L R; Mchunu, S; Mdakane, M R; Mhlongo, S P; Mjobo, L N; Mmemezi, H M Z; Mmola, M P; Mmusi, S G; Mnganga - Gcabashe, L A; Mnguni, D; Mnguni, P J; Mnisi, N A; Mogotsi, V P; Mokause, M O; Molebatsi, M A; Moloi-Moropa, J C; Morapela, K Z; Morutoa, M R; Mosala, I; Mothapo, M R M; Motshekga, M S; Motsoaledi, P A; Mpumlwana, L K B; Mthembu, J M; Mthethwa, E M; Mudau, A M; Muthambi, A F; Nchabeleng, M E; Ndongeni, N; Ngcobo, B T; Ngwenya-Mabila, P C; Nkadimeng, M F; Nkwinti, G E; Nobanda, G N; November, N T; Nxesi, T W; Nyalungu, R E; Nyambi, H V; Patel, E; Phosa, Y N; Pikinini, I A; Radebe, G S; Radebe, B A; Ralegoma, S M; Ramokhoase, T R J E; Rantho, D Z; Raphuti, D D; Scheepers, M A; Semenya, M R; September, C C; Shabangu, S; Shivambu, N F; Shope-Sithole, S C N; Sibande, M P; Siwela, E K; Skosana, J J; Skwatsha, M; Smith, V G; Surty, M E; Thabethe, E; Tleane, S A; Tobias, T V; Tom, X S; Tongwane, T M A; Tseke, G K; Tseli, R M; Tsenoli, S L; Tshwete, P; Tsoleli, S P; Tsotetsi, D R; Tuck, A; v R Koornhof, N J J; Van Rooyen, D D D; Van Schalkwyk, S R; Williams, A J; Yengeni, L E.

 

NOES - 69: America, D; Atkinson, P G; Baker, T E; Balindlela, Z B N; Bergman, D; Boshoff, H S; Bozzoli, B; Brauteseth, T J; Buthelezi, M G; Cardo, M J; Carter, D; Cebekhulu, R N; Davis, G R; De Kock, K; Dreyer, A M; Edwards, J; Esterhuizen, J A; Figg, M J; Figlan, A M; Gana, S M; Grootboom, G A; Hadebe, T Z; Hlengwa, M; Hunsinger, C H H; James, L V; James, W G; Jongbloed, Z; Khubisa, N M; Kohler, D; Kruger, H C C; Krumbock, G R; Lees, R A; Lorimer, J R B; Mabika, M S; Mackay, G; Mackenzie, C; Majola, T R; Malatsi, M S; Marais, S J F; Masango, S J; Matsepe, C D; Maynier, D J; Mazzone, N W A; Mbhele, Z N; Mc Gluwa, J J; Mcloughlin, A R; Mhlongo, T W; Mileham, K J; Mncwango, M A; Mokgalapa, S; Msimang, C T; Nkomo, S J; Ollis, I M; Rabotapi, M W; Robinson, D; Schmidt, H C; Singh, N; Sithole, K P; Steenhuisen, J H; Steyn, A; Stubbe, D J; Van Dalen, P; Van Damme, P T; Van Der Merwe, L L; Van Dyk, V; Volmink, H C; Walters, T C R; Waters, M; Wilson, E R.

ABSTAIN – 2: Dudley, C; Jafta, S M.

 

Question agreed to.

 

Report accordingly adopted.

 

Mr I OLLIS: [Inaudible.]

 

The HOUSE CHAIRPERSON: Ms M G BOROTO: Thank you, I had to let the Chief Whip and the Table staff discuss something before I continue. I have now been given the green light to continue.

 

TRANSFORMING THE MINING SECTOR AND ENSURING IT REMAINS A SUSTAINABLE INDUSTRY

 

(Subject for discussion)

 

Mr D D D VAN ROOYEN: Hon House Chair, I think is a well known fact that since the new dispensation of our democracy our government working together with other stakeholders have been seized with the mammoth task of transforming the country’s mining industry from an exploitative and a corrupt system driven for almost 300 years by a system of dual private and state ownership.

 

Guided by the Freedom Charter clause that states that the people shall share in the country’s wealth and the mineral wealth beneath the soil shall be transferred to the people as a whole. This has been the epic centre of our approach. Twenty years down the line we argued that the time is right for us as a country to do a thorough introspection on our performance. Inter alia, this national debate is precipitated by the following reasons: Mining sector is in decline due to a falling global commodity price and labour relation instability in the mining sector; new suppliers of low cost mineral commodities are coming on strain in an environment of a very soft commodity prices leading to further downward pressure on prices; and prices of coal, iron ore and steel are suffering as a result.

 

The global contest has become more uncertain with China’s growth no longer being commodity intensive in terms of demand. Work done by mining houses to sustain their competitive urge, domestically result into restructuring that is leading to massive job loses. Compliance of the mining charter is still a challenge resulting in a slow pace of transformation and mines surrounded by squalor. It reminds us of our people in Welkom, our people in Marikana, our people in Stilfontein and Orkney, our people in Merafong and our people in Westonaria. The list is endless. These communities are burdened by noncompliance of the mining charter in the main.

 

A major concern is also on the slow pace of beneficiation which is at pilot level. It is our submission that in dealing with enumerated challenges the following should be considered; the submission of the Bill to create a legal framework for the state-owned mining companies should be finalised as part of strengthening the company and enhance the state intervention in the mining sector.

 

The legal process should enable the state to have more than one state-owned mining entity with mineral resources and right as a whole vested in the state through the Department of Mineral Resources and individual state-owned entities controlling and managing rights granted to them.

 

Work on implementing programmes to revitalise the mining towns and the framework agreement for a sustainable mining industry must continue and should be given support. This process should provide for proper participation of affected [Inaudible.] communities. Let us support the slogan that suggests nothing for them without their inclusion. Comprehensive support should be given to emerging mining companies to take over marginal mines for the purpose of promoting job creation.

 

Need to intensify work on promoting industrialisation through mining beneficiation by moving with speed on the implementation of beneficiation programmes, prioritising iron ore and steel, polymers, energy minerals, titanium, platinum group metals and upstream inputs value chains. Investigation into the trading regime on minerals to ensure that exporting of minerals is done in an optimal way that ensures maximum returns to the country and deal with elicit training such as transfer pricing.

 

The undesirable practice of the unnecessary mothballing of shafts and putting them under care and maintenance, results in more job losses. Action must be taken by the state against the practice of unnecessary mothballing of mines. To mitigate against further job losses, the Mining Phakisa taking place in October should be used as a platform towards revitalising and modernisation of the sector, expediting beneficiation, promoting and supporting research and development, stabilisation of the sector and it must ensure peace and labour relation stability as well as improving the welfare of mineworkers.

 

We are introducing this debate conscious of the impact the mining sector has on our economy. The impact it has on the lives of the South Africans and their families, hence our call to all contributors to please refrain from any political grandstanding and party gimmicks. We plead that you use this opportunity to introduce meaningful contributions to this pertinent issue. Contributions that will help our beloved country, South Africa, to realise its development objectives as enshrined in the National Development Plan. Let us debate and constructively so make necessary input so as we take South Africa forward. Thank you.

 

Mr H C SCHMIDT: Hon Deputy Speaker, although mining, mineral economics and the price of commodities are linked to international conditions, a sustainable local mining industry ultimately exists where there is an incentive for mining companies to invest. The World Economic Forum’s Global Competitive Index determined that South African mining industry slipped to 56th place in 2014. The most important reasons South Africa continues to slip down the mining chart and is becoming less sustainable are the following. Let me give you a list.

 

There are adversarial labour relations between mining companies and unions. The ANC government’s support of the National Union of Mineworkers is ultimately the cause of the current acrimonious wage negotiations, the Marikana disaster, and the platinum strike of 2012.

 

Ill-fated amendments to the Mineral and Petroleum Resources Development Act Amendment Bill await further consideration by Parliament. This Bill is causing ever-growing discontent with mining companies, who regard the amendments as contributing ever more onerous conditions to local investment.

 

Certain minerals are determined by ministerial decree as being “designated minerals”. The economic consequences of this has not been properly considered nor understood by this government.

 

There are regulatory uncertainties due, inter alia, to more than 30 unfettered ministerial discretions to be entrusted to the Minister of Mineral Resources. These should be removed from the Bill as well as the Mineral and Petroleum Resources Development Act.

 

Government policy and legislation fails to provide security of land tenure. Threats to cancel mining and exploration licences do not contribute to investor confidence in the existing economic climate.

There is a lack of clear and understandable mineral and macro-economic policies. Government should strive to develop sound economic policies to ensure that business, mining communities and labour buy into relevant policies.

 

The constitutional imperative placed on the department to consult with affected parties should result in meaningful consultation. Too often, consultation is conducted by this government with a predetermined outcome. This is disrespectful to those affected parties who engage with government.

 

Poorly maintained rail networks, and water and electricity infrastructure limit mining companies’ ability to mine continuously and rail their commodities to their respective destinations, whether locally or internationally.

 

Although the threat of nationalisation has dissipated to a large extent – read the State Intervention in the Mineral Sector, Sims, report – this issue needs to be finalised. The disastrous economic and social consequences of nationalising mineral assets and rights and the expropriation thereof do not contribute to sustainable mining.

 

Government has failed to display political leadership in dispelling unrealistic demands placed on mining companies. Government itself has placed all kinds of unsustainable demands on mining companies. This ought to stop immediately.

 

Government needs to ensure that the long-forgotten rights of mining communities are realised by government allocating an equitable share of mining royalties for their benefit.

 

Government’s approach to mineral beneficiation and its policies will have disastrous consequences on the mining industry. Mineral economics should indicate the most suitable and economically viable minerals and levels of beneficiation, if at all.

 

There is lack of political will by unions and the ANC government to address poor labour productivity. Unrealistic salary increases and higher operating costs without increasing productivity bear ill-news to the mining industry and may lead to increased mechanisation of the industry, resulting in fewer jobs.

 

Lastly, state-owned companies are competing with the private sector. State participation in applying for mineral rights and participating in mining is not sustainable. The state cannot award licences, participate in mining activities and act as decision-maker in the cancellation of mining or exploration licences. You cannot be the judge and jury in your own case. I thank you. [Applause.] [Time expired.]

 

Mr N F SHIVAMBU: Deputy Speaker, you know, the only correct scientific and sensible characterisation of the crisis of mining in South Africa is the Marxist characterisation of a capitalist crisis: the crisis of overproduction and underconsumption.

 

The fact of the matter is that, as we speak here, China’s capability and capacity to consume mineral resources that come from South Africa has decreased significantly and is going to decrease further. Because these mines are producing mineral resources for profit purposes, they are going to shut down or actually slow down their levels of production. That causes the crisis in terms of the jobs that are created by the mining sector.

 

That is why Lonmin has already said that they are going to retrench 6 000 workers. Anglo-American Platinum say they are going to reduce their labour force by 14 000. Sibanye Gold is going to reduce their workforce by 3 000. Already the criminal syndicate organisation called Glencore has started to shed jobs. Thousands of jobs have already been lost in Glencore and in BHP Billiton and they are still going to shed thousands of jobs.

 

Therefore South Africa must brace itself for the reality that in the next two, three or four years, we are going to have a deeper crisis in the mining sector. Lots of jobs are going to be lost in terms of what is required.

 

Now, what is the response of the ruling party? The ruling party was begging through its general-secretary that mining companies must please not retrench workers. Let us give you free education today: mines and mining co-operations are not your friends; they are friends of profit. As a matter of fact, they are going to shed lots of jobs. Mining towns are going to be turned into ghost towns. Lots of families are going to be devastated. Lots of jobs are going to be lost not only in the actual mining activities, but in the upstream and downstream activities that happen around mining.

 

And why are we there? It is because we have been telling you, since we are in the liberation movement, to take strategic control of the mineral resources, of the actual process of producing mineral resources – like the extraction – so that you can locally beneficiate and industrialise those minerals. You have not been listening to us. Despite the fact that there is a state-owned mining company, it has not been engaged in real activities that deal with mining.

 

Mining companies will never listen to a logic that says, in order to save jobs for the sake of the country, please do not reduce jobs. They are only in pursuit of profit. But, as a state which has a responsibility to its people, you have to take a different approach in terms of how you are going to deal with the mining question.

 

We still stand by what we said that the only solution to the crisis of mining in South Africa is to discontinue private ownership of the mineral resources.

 

It is high time that we utilise the state-owned mining company to play a much more significant role in the production, extraction and beneficiation of mineral resources. You can start with coal. Eskom consumes lots of coal. There is a market already. How can you use a multinational company to supply coal to your own state-owned enterprise that produces electricity? Is it not long overdue that we utilise state-owned coal mining companies to supply coal to ourselves and also many other strategic sectors?

 

Now, the other crisis that we are going to face is that China is beginning to bring back some of the stockpiles of metals – steel and iron-ore – which they took in the hope that they would further urbanise. They were going to utilise that metal in their urbanisation programme. What is going to happen is that Mittal Steel and whoever has been arrogant with you are going to tell you to deal with the issues of tariffs in a different format and this is going to further compromise you in terms of how we relate on trade relations. This is free advice; you must take it this time. Thank you very much. [Applause.] [Time expired.]

 

The DEPUTY MINISTER OF MINERAL RESOURCES: Deputy Speaker, Ministers, Deputy Ministers, hon members, comrades and friends, on this day, the 4 August 1914, work was stopped at the Kimberley mine after 43 years of operation. The mine became uneconomical to operate as it reached the depth of 1 083m without yielding any production. This even ended a pioneering episode in the South African engineering history.

 

Today, 101 years later, we still continue with diamond mining in Kimberley. The resilience of the South African mining sector has been tried and tested over many years. Today we are mining over 53 commodities from about 1 700 mines and quarries with huge employments and associated services. Some mining companies like cum-gold, platinum coal and iron ore are going through a difficult time due to a depth in commodity prices. 

 

However, not all mines with commodities such as platinum are making a loss, which points to the need to look closely into the mining structures of some big companies at their methods of operation. We are also mindful of the fact that some companies have indicated the intention of cutting cost which may include retrenchments.

 

The Department of Mineral Resources is engaging all stakeholders in this regard to minimise the impact. On Monday last week, 27 July 2015, we launched the first blast of our new zinc mine in the Northern Cape, at Aggeneys, representing one of the biggest known undeveloped zinc deposits in the world today; with significant investment, job creation and economic expansion possibilities.

 

Also, there are other significant investments in mining around the country, including in platinum and coal that are far advanced in their developmental phases which signifies the confidents investors still have in South Africa as a major mining jurisdiction.

 

Mining does matter in this country and our beautiful geology has proven that we still going to be mining for the next 100 years plus. Therefore, we need to prepare for such eventuality accordingly. The determination of the ANC government to transform the mining industries was the cornerstone of our struggle over many years. This matter was further entrenched in the Freedom Charter by the real congress of the people, 60 years ago, which stated that:

 

The people shall share in the country’s wealth! The national wealth of our country, the heritage of South Africans shall be restored to the people; the mineral wealth beneath the soil, the banks and monopoly industry shall be transferred to the ownership of the people as a whole.

That is what the Freedom Charter says.

 

All other industry and trade shall be controlled to assist the wellbeing of the people; all people shall have equal rights to trade where they choose, to manufacture and to enter all trades, crafts and professions.

 

This was decided 60 years ago.

 

Following our democratic breakthrough in 1994, our democratic Parliament passed a solid Constitution and progressive legislation that included the Mine Health and Safety Act, and notably, the Mineral and Petroleum Resources Development Act, MPRDA, but also strengthened research and development institutions to support mining.

 

The Mining Charter and the Social and Labour Plans were but some of the instruments used to change the face of the mining. Ten years since the promulgation of the Mineral and Petroleum Resources Development Act the face of mining has indeed changed for the better. The ownership of our minerals has been transferred to the people of South Africa. The custodianship of these mineral resources has also been vested in the state.

 

We have indeed facilitated equitable access to and sustainable development of the nations’ mineral resources. We have ensured that mining right holders contribute towards the socioeconomic development of communities in which they operate. The majority of mineworkers live in much better conditions that it was prior to 1994.

 

Much has been achieved since the implementation of the Mineral and Petroleum Resources Development Act and the Mining Charter. However, the recent 10-year assessment of the Mining Charter indicates that much more is still ahead of us. Especially in terms of ensuring that there is meaningful economic empowerment of society through mining. We will continue to work with all stakeholders to ensure that our goal of ensuring that black people play a meaning role in the mining industry is realised. Restructuring also represent opportunities of creating broad-based empowerment companies ... [Interjections.]

 

Mr K Z MORAPELA: Deputy Speaker, on a point of order, I want to check whether the hon Deputy Minister will be prepared to take a question?

 

The DEPUTY SPEAKER: Respond, hon Deputy Minister.

 

The DEPUTY MINISTER OF MINERAL RESOURCES: Yes.

 

Mr K Z MORAPELA: Deputy Minister, the question that I want to really ask you is whether it is possible that you would actually quantify the people who benefited, in terms of the beneficiation of the minerals, as you have just alluded to, the fact that you continue to benefit our people. Can you please quantify that so that we can be convinced that you are really doing a sterling job by making sure that we empower our people who you say that they are being empowered. 

 

The DEPUTY MINISTER OF MINERAL RESOURCES: We are able to quantify all that. Baba, in terms of numbers, I cannot give you the statistics right now ... [Interjections.] but quantification means I can tell you exactly how many people work in the mines; I can tell you exactly how many black ownership of the mines are there; I can tell you exactly how much beneficiation has been done in the country.

 

Just look around you! All around you now, it is either mined or farmed. So, the beneficiation of what you see as in electricity in this Chamber is from mining. The car that you are driving is from mining. The equipments that are in you kitchen are from mining. [Interjections.] So, I can go on and on; the airplane that you are driving, I can tell you exactly what minerals come from mining. So ... [Interjections.]

 

The DEPUTY SPEAKER: Hon Oliphant, please take your seat.

 

PRINCE M G BUTHELEZI: Deputy Speaker, on a point of order, I appeal with all humility to my colleagues here. The Deputy Minister is completely drowned. Why did they ask the question in the first place if they did not want the answer? Because if they asked the Deputy Minister a question; then he is answering them. And while he is responding they drown that and all of us cannot hear a word of the answer. [Applause.]

 

The DEPUTY SPEAKER: Hon members, please let us give each other an opportunity to hear each other.

 

The DEPUTY MINISTER OF MINERAL RESOURCES: Thank you, Deputy Speaker, and ... [Interjections.]

 

Mr N S MATIASE: On a point of clarity. [Interjections.]

 

The DEPUTY SPEAKER: Hon member, clarity?

 

Mr N S MATIASE: Yes.

The DEPUTY SPEAKER: What is your point of clarity, there is no point of clarity here in the Rules.

 

Mr N S MATIASE: The question that has been put before the Deputy Minister is to give the number – the quantity. ... [Interjections.] Linani? Linani? quantity? [Interjections.] Ke kopa gore o arabe potso eo. [Could you please answer that question.]

 

The DEPUTY MINISTER OF MINERAL RESOURCES: No, no. Deputy Speaker, I think I must continue with my speech because clearly people who do not have the facts are trying to score cheap points about numbers! [Interjections.]

 

So, let me not waste my time because as the ANC we are here to give the country facts about what is happening in mining. [Interjections.] Not rhetoric that has failed when it was presented by some of the hon members in the public and they could not get the requisite vote to run this country. So, let us not waste our time with a 6% noise that does not signify anything. [Interjections.]

 

The point I am trying to make here is that in the recent 10-year assessment of the Mining Charter there is indication that more work still has to be done; especially in terms of ensuring that the mini-three economic empowerment of society through mining is happening. We continue to work with all stakeholders to ensure that our goal of ensuring that black people play a meaningful role in the mining industry is realised.

 

Restructuring also represent opportunities of creating Broad-Based Empowerment companies that will ensure that workers and communities benefit from the exploitation, equitably so, from the development of their country’s mineral resources. In this regard, government will continue to implement the programme to revitalise the mining towns and President-led Framework Agreement for a sustainable mining industry.

 

A total of R2,1 billion has been ring-fenced to address the housing situation in mining towns. The engagements with the mining companies are continuing to ensure co-operation in addressing housing and related infrastructure in prioritised mining towns. Focus has also been placed on social and labour plans which tools are meant to empower workers and contribute to the socioeconomic development of local and labour-sending areas.

 

The proposed amendments to the Mineral and Petroleum Resources Development Bill will play a major role in streamlining and implementing social and labour plans at district municipality level. The journey of transformation in mining industry will not be complete without state intervention. Government will therefore expedite the strengthening of state entities in the sector. More particularly, the African Exploration Mining and Finance Corporation, the legislation that creates a legal framework for the company will soon be submitted to this august House for consideration.

 

This is crucial for retaining our strategic objectives of ensuring security of supply, and creating a model mining company that develops mineral resources in a sustainable manner. But the African exploration is mining coal already and supplying to Eskom and that is a state company.

 

With regard to beneficiation, I just want to say that transformation of the industry also requires an integrated development of mineral resources through greater levels of mineral value addition. Consequently, the department is working with the departments of trade and industry as well as science and technology in implementing action to advance beneficiation, which is one the nine points in the plan announced by the President to re-ignite the South African economy.

 

A sustainable mining industry also requires sustained investment in research and development. The democratic government continues to support and invest in mining research programmes at universities and in four mining research institutions, such as Council for Geosciences, Construction Safety Inspection Reports CSIR, Mintek and the Mine Health and Safety Council.

 

Over the past few months, I have been engaging with scientists and engineers across various departments and with professors from universities to re-examine our mining methods going forward and to enhance improvement in our research and development spent. In that context, the amendment of the Mining Charter and the Mineral and Petroleum Resources Development Act, will provide a better regulatory clarity that is generally considered to provide for the entity of investment so to invest in the industry.

 

The fourth Mining Phakisa in October this year will also provide stakeholders and the country an important opportunity to reflect on these issues and agree on the necessary solutions for a long-term sustainability on this industry.

 

In that context, I also want to take this opportunity in this women’s month, to salute the women of our country for their pioneering spirit and the unbreakable work of struggle. We also wish the ANC Women’s League success in their up coming conference in a few days time. Malibongwe! [Praise!] [Applause.]

 

However, the insignificant presence of women in senior decision-making positions in our country is still of concern; especially for a country where the women are in the majority. The department will continue to make interventions that aim at empowering women in our sector and also ensuring that women enjoy a safe and dignifies working environment.

 

A women’s conference will be held on 5th August, which is tomorrow, for the tripartite stakeholder to engage on the measures which have been introduced by the department at the Mine Health and Safety Council to enhance the health safety of women in the industry. In the recent months, the Department of Mineral Resources, the Department of Labour, and the Department of Health under the leadership of the present Minister Motsoaledi, have been traversing the length and breadth of our country in effort to track and trace ex-mineworkers who were entitled by law to free medical benefit examination, at least, every two years. But also to pay those over 100 000 ex-mineworkers already identified for compensation.

 

I just want to say that the hon Minister Motsoaledi is paying, for now, ex-mineworkers a tune of R1,5 billion that is already available for payment. They are processing to take those to other levels to pay them. That is why we have been moving across the country informing ex-mineworkers to register, to take their names and to fill in the forms to ensure that they are in the system, and some of them have already been paid. [Applause.]

 

In addition, the Department of Mineral Resources has been working tirelessly in collaboration with the Department of Rural Development and Land Reform and the Department of Agriculture, Forestry and Fisheries to strengthen the collaboration between mining and farming for economic development. One such success is the roll-out of the Macadamia plantation in the Eastern Cape, the Ncera plantation, and so on.

 

We are rolling out that one and a delegation from the mining industry will be visiting that area next Thursday to determine the level of collaboration. Hon members, I must tell you that we are determined to roll-out these plantations and other commodities in other areas as well. In Mpumalanga, KwaZulu-Natal, Limpopo, and the Northern Cape mining and farming are going to be changing the face of the economy of this country.

 

Hon members, as I conclude, I whish to reiterate the importance of meaningful transformation of the South African economy. For the mining sector, in particular it constitutes the social licence to operate, but most importantly, the fundamentals of a sustainable mining industry; those right-holders - and I must emphasise this - who have effectively chosen to ignore their obligations as part of their mining rights are, in fact, breaking the law.

 

We are taking steps as regulators to deal decisively with that matter. We must ensure that the economy is truly reflective of the demographic of this country; and this will require bold actions from government organised labour and organised business. Siyaqhuba! [We are moving forward!] Thank you. [Applause.]

 

Mr J A ESTERHUIZEN: Hon Deputy Speaker, South Africa is very fortunate to hold one of the world’s largest mineral deposits. We are world leaders in mining, and our mining companies remain key players in international industries. There are very few minerals in the world in which we are not a significant player. Our reserves are estimated at $2,5 trillion, which makes us the fifth-largest mining sector globally in terms of gross domestic product value.

 

Yet, most of these assets will remain underground and unused in terms of the present situation as, without doubt, our mining industry is going through a fundamental structural adjustment and not just a cyclical correction.

 

This has been brought about by a number of events that have had the net cumulative effect of detracting and driving away both local and foreign investment. In brief, these are an ongoing and worsening energy crisis, ill-informed government policies, regulatory uncertainty, and a hostile labour regime.

 

In fact, labour strikes have marked a shift in the power dynamic, showing that the modus operandi and even the future of gold mining in South Africa would no longer be solely determined by mine managers and owners. Labour unions and, in a way, government have now jumped into the driving seat of sector wage negotiations. We hope they understand the magnitude of this because investors certainly do.

 

Our platinum mines are also in a major crisis apart from the issues raised before. Platinum producers are being squeezed between soaring costs and a collapse in platinum prices, resulting in all-time price lows. Lonmin, our biggest producer, is bleeding. Its shares have dropped to their lowest price level since 1979, as they seem to be plagued by misfortune coupled with some very bad management decisions.

 

The industry is also not without blame. The astronomical salaries mining’s top management awards itself must become a thing of the past.

 

In South Africa there are currently 6 150 abandoned mines, most of which still have their ore bodies better than anywhere else in the world. Why aren’t these mines operational? They will create jobs and add to economic growth.

 

Clear policy guidelines must eliminate confusion between small-scale and illegal mining.

 

In conclusion, we as the IFP would like to see innovation in terms of business solutions, better social cohesion between business and labour, and the necessary policy adjustments from government that are urgently required in order to save the mining industry in South Africa, and ensure it benefits our people and our country.

 

Prof N M KHUBISA: Hon Deputy Speaker, South Africa cannot afford instability in the mining sector – a sector which accounts for 8,3% of GDP directly and continues to make a valuable contribution to the South African economy and employs about 510 000 workers.

 

Our unemployment rate of approximately 25% and slow projected economic growth rate of 2,48% paints a bleak picture of the country’s economic health, and rumblings of imminent retrenchment in the mining sector should be a cause for great concern. Looming job losses at Lonmin and other mines is a cause for great concern.

 

The NFP believes that the mining sector should be amenable to opening up opportunities and that the Department of Mineral Resources has an important role to play by providing clear legislative and policy guidelines and levelling the playing field through engagement with all the major stakeholders on an ongoing basis.

 

Broad-based economic empowerment must also be accelerated in the mining sector. Flexible opportunities for training and access to the sector must be created, in particular for women and our youth.

 

Our people need knowledge and equity to get into the sector. They need skills and mentorship programs, while coaching for those who newly enter the sector will assist in crucial skills transfer which is important for employment continuity.

 

Above all, the NFP believes that sustainable growth in the mining sector has the potential to impact positively on people and communities in the vicinity of mines. A stable partnership between mines, government and local communities could impact widely and positively on issues such as education, health and commerce at grassroots level, as schools and clinics can be built and opportunities for small business enterprises created.

 

In conclusion, none of these suggestions will be viable without political willingness by government to grapple with the problems bedevilling the mining sector. Unfortunately, the ANC government has failed to address the burning issues the mining sector is facing, and has actively embarked down the road of creating a few politically well-connected mining magnates at the expense of broad-based black economic empowerment.

 

To add insult to injury, the foot dragging by the Department of Mineral Resources to formulate clear legislative and policy guidelines is probably the biggest stumbling block this important sector of our country is facing. The time for positive intervention is now; tomorrow might be too late. I thank you.

 

Mr M L FILTANE: Hon Speaker and members, in his state of the nation address in February 2015, the President said “Government is also reviewing the compliance of mining companies with the 2014 Mining Charter targets.”

 

On 31 March 2015, the Minister of Mineral Resources reported that the majority of companies in South Africa’s mining sector have not met their transformation responsibilities in the ten years to 2014.

 

At the time, the report showed that, with regard to housing and living conditions of mining rights holders with hostels, 63% had converted to either family and/or single units. The living standards of mineworkers remain dehumanising. Companies are dragging their feet with regard to investment in human capital development through purposeful and sustainable training programmes. Mining communities remain poverty stricken, depressed and underdeveloped, a situation which is reflective of the reckless exploitation of our mineral resources and poor workers in order to enrich the few. Mining companies continue failing to invest in local enterprise development through procurement of services and goods, thus taking the resources away from the historically disadvantaged South African communities.

 

These facts clearly confirm that all is not well in the mining sector.

 

The arrogance of the mining bosses, demonstrated amongst others by their planned retrenchment of workers, must be rejected as the country cannot afford more jobs-shedding.

 

As we debate, the mining companies remain intransigent with regard to meeting the demands of workers for a living wage, let alone meeting the demands of the mining charter and the requirements of the Mineral and Petroleum Resources Development Act.

 

We need to move with high speed to resolve the ownership of the land, mines and mineral wealth. The allocation of mining rights to the ruling elite and the implication thereof for transformation processes must be investigated. Investment into the socioeconomic conditions of mineworkers and the immediate communities must be regarded as non-negotiable. Urgent investigation is needed into the role of unions and their investment arms in the management of mines with regard to the beneficiation of workers in general and to show how that involvement contributes to the slow pace of transformation in the mining sector.

 

The department of mineral resources must move with speed to strengthen the effectiveness of the mining charter, with clear processes to speed up transformation of the mining sector.

 

Adv A D ALBERTS: Adjunkspeaker, geskiedkundiges het Afrika se moderne ekonomie gebou op die rug van ons minerale rykdom. Dit is ook so dat daar geskiedkundig heelwat eksploitasie in die bedryf plaasgevind het, maar dit het ook gehelp om talle mense ekonomies te verbeter.

 

Die les lê daarin vir ons om te sorg dat die bedryf meer effektief en regverdige word. Daar is nog baie potensiaal in die mynwese, en die vernietiging van die bedryf sal bydra dat Suid-Afrika na of by ’n ekonomiese inploffing beland.

 

Ons moet ook begin beplan vir ’n toekomstige ekonomie met minder mynbedrywighede. Die kommoditeit siklus loop ’n lang draai en ons ekonomie het dus nodig om te diversifiseer om werksgeleenthede te behou en te skep. (Translation of Afrikaans paragraphs follows.)

 

[Adv A D ALBERTS: Deputy Speaker, historians have built Africa’s modern economy on the backs of our mineral wealth.  It is also true that historically a lot of exploitation had taken place with regard to the industry; but it also assisted with a lot of people improving themselves economically.

 

The lesson for us lies in ensuring that the industry becomes more effective and fair. There is still a lot of potential in the mining industry, and the destruction of said industry will contribute to South Africa on the brink of or at an economic implosion.

 

We should also start planning for a prospective economy with less mining activities. The commodity cycle rotates slowly and therefore it is necessary that our economy should diversify in order to keep and create job opportunities.]

 

Therefore, we need true leadership from all stakeholders to ensure a lasting solution in a mining industry. A stakeholder compact between all the role players is necessary. Mining bosses need to look at better ways to invest in their workers and the communities around mining operations and to look after the healthcare of their workers; also, those ones now dying of all kinds of mining-related diseases.

 

Unions and workers must also realise that the world is changing fast. While in the past the struggle was between workers and owners, mostly in racial terms, the struggle in future will be between the human and the robots. We are entering the phase of mechanisation that will increase as technology develops. Machines, robots and other forms of technology will increasingly replace the human worker as the cost of labour escalates. That is unfortunate but it is the truth.

 

Therefore, a balanced approach is needed to ensure a labour intensive mineral resources industry that ensures work. If the unions push too hard, they will lose everything as the mines scale in technology or completely withdraws their business from the country.

 

Die ANC regering het ook ’n rol hierin te speel. Beleid-sekuriteit moet geskep word en daardie beleid moet spasie skep vir buitelandse beleggings en die groei van bestaande myne in harmonie met omringende gemeenskappe, werkers en natuurlik ook die natuurlike omgewing wat tans orals “omgedowwel” word. Dit gebeur tans eenvoudig nie.

 

Dan moet ons ook vir die ANC waarsku en sê dat julle asseblief moet vergeet van ’n staatsmynhuis. Dit is ’n pypdroom. Tans kan julle nie eens die bestaande staatsondernemings korrek bestuur nie, en ek hoef nie eens almal te noem wat probleme ervaar nie. (Translation of Afrikaans paragraphs follows.)

 

[The ANC government should be playing a role in this too. Policy security should be established, and that policy should create room for investments abroad as well as the growth of existing mines in harmony with surrounding communities, workers and of course the natural environment which is currently being trenched all over. It simply does not happen at the moment.

 

Then we also have to warn the ANC and tell you that you should please not forget about the state mining house. It is a pipedream. You can’t even manage the existing state enterprises properly at the moment and I don’t even have to mention all those where challenges are being experienced.]

 

A great concern that is undermining confidence in South Africa’s economy is the handling of the contentious matter of the expropriation of mineral rights. While the Constitutional Court did not view the appropriation of mineral rights as expropriation per se, it is trite that the state did allow for the facilitation whereby rights that existed before were unilaterally alienated.

 

Given this position, surely the government must provide some compensation to those who have lost their mineral rights. One way of solving the problem is to provide that previous rights holders a must share in the profits made by any mining company, as much as connected communities should share therein. This will put right an equitable and elegant solution to a complex problem. Thank you very much.

 

Ms H V NYAMBI: Deputy Speaker, in 1994 the ANC government inherited a mining sector that was imbedded in colonial production relations. This was against the backdrop of a mineral resources sector that contributes so much to the political economy of South Africa and legal contradictions associated with these.

 

The 53rd National Conference of the ANC on the mining and minerals sector states that, state intervention with a focus on beneficiation for industrialisation is urgently required. It was in line with the Freedom Charter, which states that the national wealth of our country, the heritage of South Africans shall be restored to the people. The ANC government brought about the Mineral and Petroleum Resources Development Act of 2002, MPRDA, to provide for the development of a Mining Charter.

 

Deputy Speaker, the Mining Charter is a tool to effect transformation in the mining sector. The objective of it is to transform the mining sector and ensures it remains a sustainable industry. On analysis and assessment, these objectives have largely been ignored by the mining houses and many of the targets have not been met.

 

The substantial expanding opportunities for the historically disadvantaged South Africans offered by the Mining Charter for them to benefit from the exploitation of the national mineral resources, promote employment, advance the socioeconomic welfare of mine communities and provide a sustainable development and growth within the sector, still remain largely a concept with the concrete reality at a very different scenario.

 

Procurement and enterprise development remains a key to transforming the mining sector and the Charter clearly states that a minimum of 40% of capital goods must be procured from the Broad-Based Black Economic Empowerment, B-BBEE entities by 2014. The procurement of 70% of services and 50% of consumer goods from the B-BBEE entities is stipulated. The Department of Mineral Resources reported that only 42% of the mining houses met the target of 40% of capital goods, 33% of mining houses met the target of 70%.

 

It also states that houses must achieve a minimum of 40% representation of historically disadvantaged South Africans in executive management, senior management, core and critical skills, middle and junior management levels by 2014. In this regard, the department states that the mining industry exceeded the 40% target set to be achieved by 2014 in the different functional categories.

 

Historically disadvantaged South Africans representation was the highest in the core skills category at 75,2%, followed by the junior management at 62,8%. It is important to note that the assessment indicates that African males are underrepresented in the top, senior and middle management; with African females and coloured people being underrepresented in all functional categories.

 

On the other hand, white females are over represented in most categories and white males still dominate the higher functional categories. The Charter had set a target of 10% for representation of women by 2009, but only 6% had been achieved.

 

The mining houses are required to facilitate local beneficiation of mineral commodities to boost industrialisation in line with the state developmental priorities. The Charter is very clear that mining companies may offset the value of the level of beneficiation achieved by the company against a portion of its historically disadvantaged South Africans ownership requirements not exceeding the 11%.

 

The mining sector must also invest a percentage of its annual payroll in the key skills development activities, environmental conservation and rehabilitation targets, which is 5% for 2014. Only 35,2% of mining houses had met the target of the Mining Charter and used 5% of their payroll on training its employees.

 

Mining houses are required to invest ethnographic community consultative processes before initiating mining projects and together with the relevant communities must assess the development needs of the communities.

 

The assessment shows that nationally only 36% of mining rights holders has met their set target on mine community development. Furthermore, it reports that Limpopo has attained the highest level of progress with reported performance of 73%, followed by Free State and Northern Cape at 67% and 53% respectively.

 

It is interesting to note that the Western Cape was the worst performing province with 87% of the mining rights holders not meeting the targets, followed by the Eastern Cape at 71% as well as KwaZulu-Natal and Gauteng at 70% each. With a clear understanding of the history of the conditions of housing and living conditions on the mines, the Mining Charter called for family units in the hostels, one person per room and homeownership options for mine employees by 2014.

 

The department reported that only 55% of the mining rights holders, with hostel facilities had converted hostels to either family or single units. [Time expired.] Thank you, Deputy Speaker. [Applause.]

 

Ms D CARTER: Deputy Speaker, today the mining industry is smaller than what it was in 1994. Global commodity prices have continued to fall and at the same time mining costs have continued to rise. The mining industry has been between the proverbial rock and a cliff wall for many years. Since the advent of our democracy, thousands of miners have lost their jobs. The job carnage and conflict within the mining industry led the former Deputy President Kgalema Motlante, to help initiate the framework agreement for sustainable mining industry.

 

The parties in the mining industry met and negotiated issues of transformation and sustainability and finally committed themselves to building a working relationship among stakeholders based on trust and respect; ensuring the rule of law, safety and security; and to end violence and conflict. But on the rule of law at the Idwala coal mine in Mpumalanga to which is also attached to the Zuma name, there has been mining unbelievably for the last three years living at a trail of destructions. Are certain people free to operate outside the law?

 

Thirdly, they committed themselves to accelerate transformation and beneficiation within prevailing legislation, regulations, prevailing charter and existing agreements; eliminating negative social and economic legacies and empowering miners and workers; creating at government level greater certainty and predictability in policy and regulations; repositioning the mining industry to become more attractive to investors; accelerating the implantation of human settlement intervention to ensure that there is proper housing for mineworkers; and attending to the problem of high levels of indebtedness of mineworkers.

 

The Kgalema Motlante initiated framework agreement for a sustainable mining industry is an all-party agreement. Mining companies, miners, unions and government must therefore ensure that they all play their respective roles in order to transform mining. Two years have elapsed since the parties signed this agreement. It is now time for the executive to furnish a report to Parliament to indicate what progress has resulted in respect of the eight clauses of this agreement. Cope urges that the agreement must serve as the primary basis of both transformation and sustainability. We need to do so as expeditiously as possible. I thank you.

 

Mrs C DUDLEY: Deputy Speaker, on the state of transformation in South Africa’s mining sector including ownership, human resources development, procurement and enterprise development, improvement of employees housing and living conditions, mine community development and sustainable development in growth of host communities, the ACDP welcomes indications that some progress has been made. Well, we recognise that we have a long way to go. The Chamber of Mines, for example, believes significant progress in transformation has been made and reports that the average black economic empowerment ownership of its members is 38%, that’s 12% higher than the mandatory requirement. More than R159 billion in net value has been transferred to black economic empowerment, BEE, beneficiaries in the past 12 years.

 

It is true however, that if government is to realise the mining sector’s full growth domestic product potential in the shortest possible time as has been stated, there would have to be full government and industry co-operation and collaboration. The collaboration that achieved success in health and safety, for example, saw fatalities drop to 86%, from 615 in 1993 to 84 in 2014.

 

Government is not unaware of the need for regulatory certainty in this industry that requires ling-term investment, and as I have said, that would remain a priority. Yet, observers say investors see the willingness of the governing party to intervene in the market and the increasing cost and the volatility of labour as significant risks. These coupled with questionable black economic empowerment and mining deals which turn to escape the law and enrich insiders, they say is taking its toll on confidence resulting in many deferring investment or quietly leaving the country.

 

Work stability is paramount and this was seriously damaged by the shock of the Marikana tragedy, an event that caused shock waves within the industry and throughout South Africa. One thing South Africans often forget though or don’t realise is that they are the majority owners of the mining industry. The perception that most of the money earned from the industry leaves South Africa does not line up with the facts. Our understanding is that total mining income was slightly more than R497 billion in 2012, and total expenditure amounted to R488 billion, more than 80% of which was spent in this country.

 

Transforming the mining sector and ensuring it remains a sustainable industry will take the combined efforts of many to restore confidence and improve investment attractiveness. Thank you.

 

Mr S M JAFTA: Hon Deputy Speaker, mining industry is one of the main sectors in our country with major contribution towards economic development and towards decreasing the number of unemployed. Our country’s historical background demands that this industry should be transformed and made more inclusive to cater for those disadvantaged by the past. We are saying this, as the AIC, because more improvement and implementation still require to be done as far as mining policies and regulations of our country are concerned to address the imbalances of the past.

 

It is still very difficult and expensive for our African fellow citizens to apply for mining permits or mining rights. They do not have funds to hire consultants or lodge applications. But that is very easy for the other group and companies from outside this country. The payment of royalties by the mining companies need not be left relaxed as it is. It must be binding that companies, through mining permits, pay royalties to the local councils for the development of their respective areas. A reasonable percentage of their profit must be contributed to the government to invest on education. This does not include the tax that a company must pay for each mining licence granted to it.

 

We need to make mining companies invest very much on the labour supplying provinces like the Eastern Cape so as to grow the small, medium and micro enterprises, SMMEs, in these provinces. Working conditions for workers must be improved. A lot still requires much attention as far as this matter is concerned.

 

While we expect the mining industry to contribute a lot towards the economy of our country, the continent and the world, we must ensure that mineral resources of this country benefit its people and that their lives are improved by the mining activities taking place on their land. I thank you.

 

The DEPUTY SPEAKER: Hon Mbinda is not here to exercise his three minutes power, and this is why we are calling you, hon Lorimer.

 

Mr J R B LORIMER: Deputy Speaker, hon van Rooyen says nobody should use this debate for political grandstanding. When the law was drawn up by the ANC, it was a highly political process. When the officials were appointed, they were political appointments. When policy was determined it was ANC policy. When the budget was drawn up it was an ANC budget. Then it all fell apart because the ANC’s policies are not sustainable and the ANC says let’s not make this political.

 

South Africa was the dominant producer of gold for more than 100 years. During this time South Africa sunk an average of eight kilometers of gold mining shafts every year. That distance of vertical shafts sinking rising to as high as 25km in a single year. Our engineering was the wonder of the mining world.

 

Over the last year, for the first time in more than a century, that trend reversed. In South Africa more gold mine shafts were filled in than were dug. Nothing better illustrates the decline of this industry. Gold mining, like so much other of our mining, is going backwards. Make no mistake, the slow down and worldwide demand of our minerals is very bad. Mineral prices are at multi year lows and as low as those prices go, the cost of producing those minerals continues to rise. The slump is bad. Some people in the industry predict that it is going to last for five years. But that is not solely to blame for our reversals.

 

The five years to 2008 saw perhaps the biggest ever resources boom the world has ever known. But when it was over, our industry had barely grown, in fact, by some measures, it had shrunk. That should have been a warning to the ANC-led government that something was fundamentally wrong with its policies. But instead, we got what we always get from ANC when policies go wrong. That means you must do more of the same thing.

 

Broadly, ANC policies are designed around enriching cronies, comrades and cousins by having as much flexibility in the rules as possible. So miners hold their rights not according to the law, but according to the goodwill of the ANC or of what faction of the ANC is currently in charge. So, a result of that flexibility means a lack of certainty. That lack of certainty means investors stay away. They stay away from new mines and they stay away from putting more money into established mines.

 

The Deputy Minister has searched hard to find new mining investment examples, unfortunately, the examples he has found are the exception rather than a rule. Disappearing jobs are proof of that. At the moment, two thirds of our platinum mines are losing money and probably more than half of our gold mines. Jobs are being lost because very few people are making money from mining shares.

 

One financial expert told me if he bought South African mining shares for any of his clients’ portfolios, he would probably get fired. And here I offer my commiserations, I’m sorry that Madam Speaker is not here, because like all holders of large individual portfolios of mining shares, goldfields shares have lost 23% over the last year. So, we feel her pain, she has lost something in the order of R5 million because of her shares reducing in value.

 

Now, much of this damage is self inflicted. The South African mining industry has been in suspended animation for the past 16 months ever since the debacle of the passing of the new Mineral and Petroleum Resources Development Bill. There has been no certainty about what will come and investment has dried up largely.

 

We warned that it was a bad Bill and the President agreed with us. Since then, the Bill has remained in limbo, halfway between Parliament and an executive which can’t seem to make up its mind as to what it wants to happen. Now we hear about a mining Pakisa. Presumably, we will not get legislation until that is over. There is only one question about Operation Pakisa. Will government listen this time? It gets warned time and again that its actions will cost jobs, it ignores those warnings. What needs to be transformed is this government’s ability to listen.

 

In the meantime with no clear future in sight, mines tighten their belts and cut costs to survive. That cost cutting inevitably involves lost jobs. For companies to maintain the stream of capital that will keep mines operational, they need to believe they can make a profit in future. They need a clear view of a good future. No such clear view has been provided by this government. Instead, there come adolescent raves like the one from Minister Blade Nzimande last week who said “we do not believe that the mine bosses in South Africa have any reason to close down mines other than to destroy the NUM.” Seriously?

 

What business, in its right mind, is going to invest in a country where a senior member of government comes out with that sort of economically illiterate criticism? There needs to be a sign that things will be done differently. To this end we have suggested three positive statements of intent that would end the threats and will do a great deal to change sentiment for the better.

 

Firstly, government should accept the principle of once empowered, always empowered. This principle could be for every mining deposit, it doesn’t have to be for every company. If not accepted, this will deal a dangerous blow to the industry.

 

Second, the government could announce the withdrawal of the Mineral and Petroleum Resources Development Bill pending a rewrite which will result in a truly investment friendly piece of legislation. Thirdly, government needs to declare for once and for all that the highest black economic empowerment, BEE, ownership requirement in mines will be the current 26%. There is a continual stream of hints and threats that the final number is going to be far higher. On top of these pledges government needs to do something about the perception that the issuing of licences and stoppage notices is crooked.

 

Hon van Rooyen says this government has transformed mining from a corrupt system. He may very well believe that. Ask anybody who actually works in mining and they will tell you different. The portfolio committee has just done oversight in Mpumalanga. Word in the industry is, and I don’t know whether this true, but this is what a lot of people believe, that if you want to get a mining licence in that province you have to pay bribes of R600 000. Now the fact that this is a widely held perception means that government should be doing something about it.

 

My very earnest suggestion is that the Minister orders a series of lifestyle audits of those issuing licences and those inspecting compliance. [Applause.] If genuinely done that would help restore the reputation of the department. So, the ANC just has to make three simple pledges. They could do it in a day and then some confidence would be restored to our industry and mines would not be so quick to cut jobs. We will have an industry working at full potential that will take much more work, but that would show this government is serious about sustaining the mining industry and the more than million jobs that depend on it.

This government can stop the industry going backwards, but it needs to spell out clearly what it would do differently and take steps to show that it means business. Otherwise South Africa’s retreat from the mine would continue and more and more South Africans will face the personal catastrophe of job loss. If more jobs are lost it will be very clear who is responsible and this House can be certain that we will inform the victims who is to blame. Here is a novel idea. Why doesn’t the ANC transform mining from a dying industry into a growing one? Thank you.

 

Mr S LUZIPO: Deputy Speaker, members of the executive, hon members, let me start by a quotation from the former and late President Nelson Mandela. I quote:

 

A good leader can engage in a debate frankly and thoroughly, knowing that at the end, he and the other side must be closer and thus emerge stronger. You don’t have that idea when you are arrogant, superficial and uninformed.

 

Tomorrow, this House will be debating the International Mandela Day, a day on which our world icon Tata Rholihlahla Mandela - Ah Dalibhunga! - was ushered in on this planet earth. I hope and wish that in the debate tomorrow, there will be a highlight of former President Nelson Mandela as a mineworker by some of the speakers. This one part that he once worked on the mines gets missed in his biography. It means the mines have produced a world icon. [Applause.]

 

This is a reflection therefore that out of the worst conditions, you can produce the best. All the best leaders that were produced were leaders that were produced under the worst system of apartheid. Unfortunately, I doubt if others would want to associate themselves with former President Mandela as a person who worked on the mines because they were part of those who were encouraging oppression.

 

I must hasten to say that, hon Shivambu, I agree with you 100%, and I accept the fact that you were giving a lecture. That is only one thing that a Marxist must do. I accept it because hon Ndlozi requested that we must have a debate and I think that is what we must do! I accept the fact that you are giving a lecture and I think it must be appreciated! The only thing that you can’t omit though is: You must also give credit to the teacher! [Applause.] [Laughter.]

 

Surely, no one is here without having been educated somewhere. When I look and marvel at the intervention, I then start to marvel at what the ANC can produce. [Applause.] It doesn’t change, and I always say this thing: It doesn’t change. I was born and I grew up in the rural areas of the Eastern Cape. I studied in a school call Sotinini Secondary School then. Today that school is about to be closed. However, it doesn’t mean it had not made a contribution to what I am today because of its eminent closure. [Applause.] [Interjections.]

 

So, it remains an issue, such that even if your parent can be whatever he is, don’t be ashamed to appreciate that he has made you to grow to be where you are. [Applause.] Secondly, I think we must engage on a debate and we must accept it constructively as it comes. A part of what Marxists believe, taking from Mao Tse Tung - Chairman Mao - says, “Long distance training is good practice for perseverance.”

 

In essence, it says that the process of engagement in the struggle - you must understand it - is not an event but a process of changing the minds of the people. Therefore, it cannot be done overnight. You must be patient, but at the same time, you must never be tolerant of antiprogress. [Applause.]

 

So, we accept and I don’t think that the ANC should fear to own up to what is says. The only difference that can exist is that too much sugar can cause disease. The fact that the ANC says ‘we want to put three spoons in a cup,’ and someone says ‘we want to put eight spoons in a cup,’ does not change the fact of the matter that you need sugar in order to drink tea. [Applause.] [Interjections.]

 

In order to transform the mining industry in general, we have to understand ... [Interjections.] The biggest problem every time we are here is that people quote the rules of the House and say ‘a member should not read the speech’. When you don’t read the speech and you speak off-the-cuff, people get irritated. [Applause.] [Interjections.]

 

We have to also accept the fact that we can’t be in denial. We have to accept that there is a commodity decline in the mining industry but – I think that is the point that we have argued even with the mining bosses –the issue of retrenchment cannot be used as to equate with the demand of salary increase. We have seen retrenchment in this country on the mining industry even when workers have not made demands for salary increases.

 

Therefore, we must see where this equation comes from because we don’t get an argument that says ‘if you don’t demand too much of salaries, we won’t retrench you’. I think we cannot deny it as the ANC. It is precisely for that reason that we emphasise that the mining bosses should not resort to retrenchment as and when they feel that there is a pinch. Retrenchment should become the last resort where every avenue has been exhausted. [Applause.] [Interjections.]

 

I fail to understand sometimes ... [Interjections.] I fail to understand it that one time at school ... [Interjections.] One time at school somebody was given a task to write the names of noise makers down. He wrote the name of someone onto the list who was not even at class that day. I hear there is an argument here about the problems of the victims and you only single out one union – the National Union of Mineworkers, NUM.

 

You single out the National Union of Mineworkers but you couldn’t tell us - when you talked about your five-month strike in the past – that it was the NUM that was leading the strike. For the record: It is not on the basis of which union workers belong to; it is on the basis of the goal that binds them together. [Applause.]

 

Therefore the unity of workers at all material times is what will make them achieve. We should not be liquidationists and want to liquidate workers as if they are incapable to take up a fight for what is good for them. [Interjections.]

The struggles of workers are not based on begging employers to do what is good for them. The only issue that we must always guard against – and I am sure hon Shivambu you will agree with me again on this one – is that if you want the working class to succeed, its unity remains sacrosanct. [Interjections.]

 

You invited politics, and you said there is a lecture: Let’s engage on that debate and the right lecture. In that context, it remains relevant that we should not identify workers according to which union they chose to affiliate to. If we mobilise workers, we must mobilise them around their own theory of revolution.

 

Therefore, a worker that is not theoretically grounded is very dangerous. It is like someone who caring a gun in house without understanding how to use it. [Applause.] He is not just dangerous to the people next to him; he is also dangerous to himself. [Applause.] [Interjections] So, it remains relevant to that effect. [Interjections.]

 

Mr J J MC GLUWA: The story is?

 

Mr S LUZIPO: The story is responding to what you were saying! [Laughter.] You think you are going to say some things and people must not respond.

 

It remains critical also that part of the issues that we have said as the committee, hon members of my committee, is the fact that the decline in the mining industry is not only based on what we now want to apportion to someone. Out of everything that you make, the only people that are not guilty are those that you came to protect here – those who continue to overfeed themselves at the expense of the working class.

 

Therefore, from that context, I don’t think we as the ANC should be fine. We said our own struggle is the struggle that wants to liberate black in general and Africans in particular. In that context, we are not going to be ashamed to make legislation that wants to redress the imbalances of the past. [Time expired.] Thank you. [Applause.]

 

Mr N F SHIVAMBU: Deputy Speaker! Deputy Speaker, just quickly that ... [Interjections.]

 

The DEPUTY SPEAKER: What are you rising on hon member?

 

Mr N F SHIVAMBU: I didn’t want to interrupt him. I wanted to clarify something that may he should admit that ... [Interjections.]

 

The DEPUTY SPEAKER: No, no, no! Hon member, this is not a point of order! [Interjections.]

 

Mr N F SHIVAMBU: ... what there was [Inaudible.] the ANC, the importance of nationalisation, after they adopted NIA and after advertising all [Inaudible] strategic [Inaudible], they feature in these instances ourselves - which are the ANC! [Interjections.] And, thank you very much for acknowledging our lessons to you. You must take it from there! [Interjections.]

 

The DEPUTY SPEAKER: Hon Shivambu, you are out of order! You are making a big mistake, hon Shivambu, by repeatedly engaging in debates instead of raising your point of order. Don’t do this again! I really think you are stepping out of the boundaries. Don’t take advantage of a good mood in the debate today to misbehave. Go ahead, hon member.

 

Mr D D D VAN ROOYEN: Deputy Speaker, let me pass my word of gratitude to all contributors and hasten to indicate that we are not that far apart from each other, except of course for historical reasons with the DA and the FF-Plus. [Interjections.]

 

Our country, as indicated by most of you, remains a mineral-driven economy. Indeed, it is crucial for the state to position itself to initiate and give life to catalytic sectors. The reality is that the government cannot do it alone. We need private sector investment to shape and drive the sustainability of the mining industry.

 

The task at hand as we proceed, for all of us as Members of Parliament, is the intensification of our oversight role on the implementation of all instruments meant to grow and sustain the mining industry. Among others, I will urge my colleagues to take on the following issues: The full implementation of the mining charter; the proper revitalisation of mining town; as well as the functioning of the state-owned mining company.

 

Also, let us not forget to assist municipalities as they strive for proper implementation of social plans in the host communities. To the department: I think it is important that the health-related compensation that has been referred to be attended. Among other things, why the department should consider popularising this important intervention is: The utilisation of parliamentary constituency offices so that people are properly informed; but also that this whole skim is properly popularised among our people.

 

I must take this opportunity hon Deputy Speaker, for the sake of our people and the country to call on all that we are in this together. Let us work as a collective to turn things around. Once more, thank you all for your contributions. [Applause.]

 

ADDITIONAL TIME WHEN MINISTERS ARE RESPONDING TO QUESTIONS

 

(Ruling)

 

The DEPUTY SPEAKER: Hon members, before I conclude this debate, hon Waters raised a complained earlier on about an additional 31 seconds I gave to the Minister of Home Affairs, hon Gigaba, when he responded to questions. The discretion of the Chair is often exercised in order to provide Ministers with an additional time when they are responding to questions by members in order to complete their thought on whatever they are saying and provide additional information.

 

Members here, on reading their statements, while speaking here on the platform, are allocated time. There are very few members whom we must give awards for sticking to their timeframes all the time. The majority of you members, throughout the House, exceed your time requirements.

 

So, we would like to advice you, members: It is two or three minutes often that you are allocated. You can really practice that and be dead-on-time in completing it. This is what we do then: We often allow you to go over with a second or two. Some of you, we have to speak to three times before you finally turn away even when the clock is red in front of your face. We have allowed that now and then because we are not mechanical but we discourage it. That is the basis on which I want to conclude this item.

 

Also, I do refer you not only to read Rule 105 but you must also read Rule 113, please! That provides for the discretion of Presiding Officers. We are not to be mechanical about this even as we would like you to stick to times. Please stay within your time limits but do recognise that time limit and the discretion of its application - their organisation here, having been decided by yourselves - is to the Chair.

 

Many of you save time: The Ministers themselves saved 50 seconds, 30 seconds, one minute; and some of you members here whom I have listed did complete their stipulated times. Their ideas were completely within the timeframe. So, time evens out as a result of such conduct. Please, let’s stick to the generally accepted time allocated.

 

We will allow you to finish your sentence or your thought but within limits. We can’t allow you to go beyond the timeframe you were allocated because it impacts on the variety of our arrangements here. I just wanted to make those observations and request you to remember the rules that we have suggested. Thank you very much.

 

Mr M WATERS: Deputy Speaker, sorry! May I address you? [Interjections.]

 

The DEPUTY SPEAKER: Yes, hon Waters. Yes, go ahead!

 

Mr M WATERS: I welcome your ruling and I want to thank you for that. I just want to raise two issues if I may. You are quite right when you refer to Rule 105 which deals wit the response from the executive on Members’ Statement. It does not give Presiding Officers any discretion to extend that time though. But, I hear what you say: That people should be given a few seconds to finish their sentence. In this regard, the Minister got an extra minute which is 50% over his time. [Interjections.]

 

The DEPUTY SPEAKER: No, it was 31 seconds!

 

Mr M WATERS: But on Rule 113, you are quite right there: You do have a discretion and that you can apply without fear or favour. However, under Rule 105 on Members’ Statements, there is no discretion. So, thank you very much.

 

The DEPUTY SPEAKER: Hon members, what I said to you was that let is us abide by that guidance which we have given here. We will discuss this matter with hon Waters outside of this House. Thank you very much.

 

The House adjourned at 18:50.

__________

 

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

 

FRIDAY, 31 JULY 2015

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.      The Minister of Environmental Affairs

 

(a)      Government Notice No R. 43, published in Government Gazette No 38417, dated 23 January 2015: Amendments to the Regulations on the Fees for Consideration and Processing of Environmental Authorisations and Amendments thereto, made in terms of sections 24(5)(c)(i), 24(5)(j) and 44(1)(a) and (b) of the National Environmental Management Act, 1998 (Act No 107 of 1998).

 

(b)      Government Notice No R. 44, published in Government Gazette No 38417, dated 23 January 2015: Amendment to the Regulations on the Fees for Consideration and Processing of Applications for Waste Management Licences, Transfer and Renewal thereof, made in terms of sections 45(2), 52(4)(a), 55(3)(a) and 69(1)(dd) of the National Environmental Management: Waste Act, 2008 (Act No 59 of 2008).

 

(c)      General Notice No 83, published in Government Gazette No 38436, dated 30 January 2015: Bioprospecting Permit Application, made under regulation 17(3)(c) read with regulation 11(1)(a) of the Bioprospecting, Access, and Benefit Sharing Regulations, 2008, read with Chapter 6 of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004).

 

(d)      General Notice No 411, published in Government Gazette No 38779, dated 11 May 2015: Draft National Greenhouse Gas Emission Reporting Regulations, made in terms of sections 12(b) and (c) and (53(aA), (o) and (p) read with section 57 of the National Environmental Management: Air Quality Act, 2004 (Act No 39 of 2004).

 

(e)      General Notice No 447, published in Government Gazette No 38809, dated 19 May 2015: Amendments to the regulations on Bio-prospecting, access and benefit-sharing, made in terms of section 97(1), (e), (f), (g), and (h) of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004).

 

(f)      General Notice No 470, published in Government Gazette No 38813, dated 20 May 2015: Proposed Language Policy, made in terms of Regulation 3(2) of the Use of Official Language Act, 2012 (Act No 12 of 2012).

 

(g)      General Notice No 450, published in Government Gazette No 38803, dated 22 May 2015: Draft Appeal Regulations, made in terms of section 74 read with section 83(1)(j) of the National Environmental Management: Integrated Coastal Management Act, 2008 (Act No 24 of 2008).

 

(h)      General Notice No 475, published in Government Gazette No 38822, dated 29 May 2015: Declaration of land to be part of West Coast National Park, made in terms of section 20(1)(a)(ii) of the National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003).

(i)       General Notice No 476, published in Government Gazette No 38822, dated 29 May 2015: Declaration of land to be part of Marakele National Park, made in terms of section 20(1)(a)(ii) of the National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003).

 

(j)       General Notice No 477, published in Government Gazette No 38822, dated 29 May 2015: Declaration of land to be part of Mountain Zebra National Park, made in terms of section 20(1)(a)(ii) of the National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003).

 

(k)      General Notice No 478, published in Government Gazette No 38822, dated 29 May 2015: Declaration of land to be part of Tankwa Karoo National Park, made in terms of section 20(1)(a)(ii) of the National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003).

 

(l)       General Notice No 479, published in Government Gazette No 38822, dated 29 May 2015: Declaration of land to be part of Richtersveld National Park, made in terms of section 20(1)(a)(ii) of the National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003).

 

(m)     General Notice No 480, published in Government Gazette No 38822, dated 29 May 2015: Declaration of land to be part of Table Mountain National Park, made in terms of section 20(1)(a)(ii) of the National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003).

 

(n)      General Notice No 481, published in Government Gazette No 38822, dated 29 May 2015: Declaration of land to be part of Namaqua National Park, made in terms of section 20(1)(a)(ii) of the National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003).

 

(o)      Government Notice No 453, published in Government Gazette No 38842, dated 29 May 2015: Regulations regarding fees for the provision of Aviation Meteorological Services, made in terms of sections 28(1)(b) read with sections 4(2)(e) and 21(1)(b) of the South African Weather Service Act, 2001 (Act No 8 of 2001).

 

(p)      General Notice No 493, published in Government Gazette No 38833, dated 29 May 2015: Draft Amendments to the Alien and Invasive Species Lists, 2015, made in terms of section 66(1), 67(1), 70(1)(a), 71(3) and 71A of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004).

 

(q)      General Notice No 541, published in Government Gazette No 38857, dated 5 June 2015: Draft National Greenhouse Gas Emission Reporting Regulations, made in terms of sections 12(b) and (c) and 53(aA), (o) and (p) read with section 57 of the National Environmental Management: Air Quality Act, 2004 (Act No 39 of 2004).

 

(r)       General Notice No 503, published in Government Gazette No 38844, dated 5 June 2015: Draft Biodiversity Management Plan for 11 Critically Endangered (CR) and 4 Endangered (EN) Encephalartos species, made in terms of section 43(1)(b)(i) read with sections 43(3) and 100 of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004).

 

(s)      General Notice No 534, published in Government Gazette No 38844, dated 5 June 2015: Declaration of land to be part of West Coast National Park, in terms of section 20(1)(a)(ii) of the National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003).

 

(t)       General Notice No 535, published in Government Gazette No 38844, dated 5 June 2015: Declaration of land to be part of Marakele National Park, made in terms of section 20(1)(a)(ii) of the National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003).

 

(u)      General Notice No 536, published in Government Gazette No 38844, dated 5 June 2015: Declaration of land to be part of Mountain Zebra National Park, made in terms of section 20(1)(a)(ii) of the National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003).

 

(v)      General Notice No 537, published in Government Gazette No 38844, dated 5 June 2015: Declaration of land to be part of Tankwa Karoo National Park, made in terms of section 20(1)(a)(ii) of the National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003).

 

(w)     General Notice No 538, published in Government Gazette No 38844, dated 5 June 2015: Declaration of land to be part of Richtersveld National Park, made in terms of section 20(1)(a)(ii) of the National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003).

 

(x)      General Notice No 539, published in Government Gazette No 38844, dated 5 June 2015: Declaration of land to be part of Table Mountain National Park, made in terms of section 20(1)(a)(ii) of the National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003).

 

(y)      General Notice No 540, published in Government Gazette No 38844, dated 5 June 2015: Declaration of land to be part of Namaqua National Park, made in terms of section 20(1)(a)(ii) of the National Environmental Management: Protected Areas Act, 2003 (Act No 57 of 2003).

 

(z)      General Notice No 550, published in Government Gazette No 38863, dated 12 June 2015: Draft regulations prescribing the atmospheric emission licence processing fee, in terms of sections 53(o), 37(2)(a), 44(3)(a), 45(1) and 47(3)(a) read with section 57(1) of the National Environmental Management: Air Quality Act, 2004 (Act No 39 of 2004).

(aa)    General Notice No 551, published in Government Gazette No 38863, dated 12 June 2015: Amendments to the list of activities which result in atmospheric emission which have or may have a significant detrimental effect on the environment, including health, social conditions, economic conditions, ecological conditions or cultural heritage, in terms of sections 21(1)(b) of the National Environmental Management: Air Quality Act, 2004 (Act No 39 of 2004).

 

(bb)    General Notice No 597, published in Government Gazette No 38894, dated 26 June 2015: Draft Air Quality Offsets Guideline, in terms of section 24J(a) of the National Environmental Management Act, 1998 (Act No 107 of 1998).

 

2.      The Minister of Finance

 

(a)      Government Notice No R. 170, published in Government Gazette No 38507, dated 25 February 2015: Amendments of Regulations made under section 72, in terms of section 72(1)(gA) of the Long-term Insurance Act, 1998 (Act No 52 of 1998).

 

(b)      Government Notice No 171, published in Government Gazette No 38508, dated 25 February 2015: Notice in terms of section 12T of the Income Tax Act, 1962: In respect of persons or entities that may administer financial instruments or policies as tax free investments, in terms of section 12T(1) of the Income Tax Act, 1962 (Act No 58 of 1962).

 

(c)      Government Notice No R. 172, published in Government Gazette No 38509, dated 25 February 2015: Regulations in terms of section 12T(8) of the Income Tax Act, 1962, on the requirements for tax free investment, in terms of section 12T(8) of the Income Tax Act, 1962 (Act No 58 of 1962).

 

(d)      Government Notice No R. 173, published in Government Gazette No 38514, dated 25 February 2015: Amendment of Schedule No. 1 (No. 1/1/1512), in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

(e)      Government Notice No 175, published in Government Gazette No 38509, dated 25 February 2015: Fixing of rate per kilometer in respect of motor vehicles for the purposes in section 8(1)(b)9ii) and (iii) of the Income Tax Act, 1962 (Act No 58 of 1962).

 

(f)      Government Notice No R. 186, published in Government Gazette No 38541, dated 6 March 2015: Regulations in terms of section 12L of the Income Tax Act, 1962 (Act No 58 of 1962): On the allowance for energy efficiency savings.

 

(g)      Government Notice No R. 209, published in Government Gazette No 38563, dated 13 March 2015: Amendment of Schedule No. 1 (No. 1/1/1513), in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(h)      Government Notice No R. 246, published in Government Gazette No 38603, dated 27 March 2015: Amendment of rules (DAR/144), in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(i)       Government Notice No R. 252, published in Government Gazette No 38611, dated 27 March 2015: Amendment of Schedule No. 1 (No. 1/1/1514), in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(j)       Government Notice No R. 254, published in Government Gazette No 38611, dated 27 March 2015: Amendment of Schedule No. 1 (No. 1/5A/160), in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(k)      Government Notice No R. 255, published in Government Gazette No 38611, dated 27 March 2015: Amendment of Schedule No. 1 (No. 1/5B/161), in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(l)       Government Notice No R. 256, published in Government Gazette No 38611, dated 27 March 2015: Amendment of Schedule No. 6 (No. 6/3/42), in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(m)     Government Notice No R. 261, published in Government Gazette No 38616, dated 27 March 2015: Amendment of Regulations, in terms of section 90 of the Banks Act, 1990 (Act No 94 of 1990).

(n)      Government Notice No R. 307, published in Government Gazette No 38681, dated 10 April 2015: Amendment of Schedule No. 1 (No. 1/1/1515), in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(o)      Government Notice No R. 308, published in Government Gazette No 38681, dated 10 April 2015: Amendment of Schedule No. 1 (No. 1/1/1516), in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(p)      Government Notice No R. 309, published in Government Gazette No 38682, dated 10 April 2015: Amendment of Regulations, in terms of section 90 of the Banks Act, 1990 (Act No 94 of 1990).

 

3.      The Minister of Public Enterprises

 

1. Report and Financial Statements of Transnet SOC Ltd (Volumes 1, 2 and 3) for 2014-2015, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2014-2015.

 

National Assembly

 

1.      The Speaker

 

(a)      Reply from the Minister of Public Enterprises to recommendations in a motion (moved without notice by Mr A M Shaik Emam) agreed to by the House on 16 April 2015.

 

Referred to the Portfolio Committee on Public Enterprises.

 

TUESDAY, 4 AUGUST 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

 

1. Bill passed by National Council of Provinces on 4 August 2015:

 

1. Maintenance Amendment Bill [B 16B – 2014] (National Assembly – sec 75).

 

2.      Draft Bills submitted in terms of Joint Rule 159

 

1. Public Service Commission Amendment Bill, submitted by the Minister of Public Service and Administration.

 

Referred to the Portfolio Committee on Public Service and Administration and the Select Committee on Cooperative Governance and Traditional Affairs.

 

2.      Classification of Bills by Joint Tagging Mechanism (JTM)

 

1. The JTM in terms of Joint Rule 160(6) classified the following Bill as a section 75 Bill:

 

1. Children’s Amendment Bill [B 13 – 2015] (National Assembly – sec 75).

 

1. The JTM in terms of Joint Rule 160(6) classified the following Bill as a section 76 Bill:

 

1. Children’s Second Amendment Bill [B 14 – 2015] (National Assembly – sec 76).

 

National Assembly

 

The Speaker

 

1.       Introduction of Bills

 

1. The Portfolio Committee on Home Affairs

 

1. Refugees Amendment Bill [B 19 – 2015] (National Assembly – proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 38893 of 19 June 2015.]

 

Bill initiated by the Portfolio Committee on Home Affairs of the National Assembly, and referred 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 Bill may be submitted to the JTM. The Bill may only be classified after the expiry of at least three parliamentary working days since introduction.

 

2.       Membership of Committees

 

1. The following changes to Committee membership have been made by the Democratic Alliance:

Portfolio Committee on Police

 

Discharge: Twala, Mr LD

Appointed: Mhlonga, Mr P

 

Joint Standing Committee on Defence

 

Appointed: Mhlonga, Mr P [Alternate]

 

COMMITTEE REPORTS

 

National Assembly

 

Please see pages 2738-2747 of the ATCs.

 

1. Report of the Portfolio Committee on Home Affairs on the Refugees Amendment Bill [B19 - 2015], dated 4 August 2015.

 

1. The Portfolio Committee on Home Affairs (“the Committee”) resolved to initiate the Refugees Amendment Bill [B19 - 2015], (“the draft Bill”), that seeks to amend the Refugees Act, 1998 (Act No. 130 of 1998) (“the Act”), in order to comply with the Constitutional Court judgment in the Mail and Guardian Media Limited and Others v MJ Chipu and others CCT 136/12 [2013]. The purpose of the draft Bill is to amend section 21(5) of the Act so as to confer a discretion upon the Refugee Appeals Authority to allow members of the public and the media access to its proceedings in appropriate cases.

 

1. The Committee complied with NA Rule 238(1) by tabling a memorandum in the National Assembly on 20 May 2015 in order to obtain permission to proceed with the legislative proposal.

 

1. The Committee was granted permission by the House to proceed with the legislative proposal to amend the Act. (See National Assembly House Minutes No. 19-2015 dated 4 June 2015, page 2132).

 

1. Prior notice of the introduction of the Bill, together with an explanatory summary of the draft Bill as well as the draft Bill, was published in the Government Gazette No. 38893, dated 19 June 2015. The notice also contained an invitation to interested persons and institutions to submit written representations on the draft Bill by 17 July 2015. The same invitation was also published in City Press in English, uMamqobhozi in IsiZulu and Free State News in Sesotho. The Committee also consulted the Joint Tagging Mechanism (JTM) in terms of NA Rule 239(1)(b) for advice on the classification of the draft Bill.

 

1. The Committee received seven submissions in total from the following organisations: Agency for Refugee Education, Skills Training & Advocacy (ARESTA), Mail and Guardian Newspaper, Congress of South African Trade Unions (COSATU) Parliamentary Office, Law Society of South Africa (LSSA), Lawyers for Human Rights (LHR), Catholic Parliamentary Liaison Office (CPLO) and Jo’burg Child Welfare. These submissions were considered and deliberated upon by the Committee on 28 July 2015. The Department of Home Affairs and the Chairperson of the Refugee Appeal Board responded to the submissions on the same date. After consideration of the responses, it was agreed that some of the recommendations would be included in the rules of the Refugee Appeals Authority.

 

1. The Committee further deliberated and adopted the draft Bill on 4 August 2015.

 

1. The Committee, in accordance with NA Rule 243, introduces the Refugees Amendment Bill [B19 - 2015] (National Assembly - proposed section 75).

 

Report to be considered.

 

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