Hansard: NA: Unrevised hansard

House: National Assembly

Date of Meeting: 08 Sep 2015

Summary

No summary available.


Minutes

TUESDAY, 8 SEPTEMBER 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 prayers or meditation.

 

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

 

NOTICES OF MOTION

 

Dr W JAMES: Deputy Speaker, in light of the world futile syndrome that is happening tomorrow I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:

 

That the House, debates, the causes and consequences of Foetal Alcohol Syndrome, FAS, and solutions thereto.

 

Prof N KHUBISA: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the NFP:

 

That members of this House should deliberate on the serious consequences of the proposed legislative amendment to restrict dual citizenship in South Africa.

 

Ms F LOLIWE: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

 

That the House debates the continued students demonstrations arising from the institutions of higher education, especially the University of Stellenbosch and Elsenberg Agricultural College’s medium of instruction.

 

Mr N KOORNHOF: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

 

That the House debates South Africa’s well-established infrastructure, creating a launching pad for the country and Africa to grow the economy of the continent.

 

Ms M O MOKAUSE: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the EFF:

That the House debates the state of our country’s deteriorating water infrastructure and the implications of this on the capacity of the state to deliver services and on our future water security.

 

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

 

That the House debates the continued dominance of mineral and energy complex on the economy; and its impact on the ability of South Africa to achieve industrialisation and economic growth.

 

Ms L L VAN DER MERWE: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:

 

That the House debates the fact that an alarming number, almost 100 000 teenagers, fell pregnant in 2013, some of these pregnancies resulting from the teachers impregnating their pupils, and we want urgent measures put in place by the government and other role-players to urgently deal with this crisis.

Mr L J BASSON: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:

 

That the House debates the rampant underspending of R3,15 billion within the Department of Water and Sanitation and its effects on infrastructure projects.

 

Mr M M DLAMINI: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the EFF:

 

That the House debates the phenomenon of food shortage in South Africa as reported by the CEO of Pick n Pay, who argued that a third of all food produce in South Africa is wasted at the cost of R60 billion a year, equals to 2% of our gross domestic product.

 

Ms R M LESOMA: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

 

That the House debates the alarming rate of police killings in the line of duty by law breakers.

 

Mr M S F DE FREITAS: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:

 

That the House debates the Public Protector’s report into allegations of maladministration and corruption into the Public Rail Agency of South Africa, Prasa, called Derailed, as well as the Prasa board reaction to this report and the solutions to this issue.

 

Mr K P SITHOLE: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:

 

That the House debates about what programs will be put in place to develop athletes from rural areas in preparation for the upcoming 2022 Commonwealth Games in Durban.

 

Mr S LUZIPO: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

 

That the House debates the need for the value chain for research and development in the mining sector to be strengthened in all of its links so that full economic benefit may be gained for the nation from the responsible discovery, extraction and processing of our mineral heritage.

 

Mr P G MOTEKA: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the EFF:

 

That the House debates the role of the SA Reserve Bank in dealing with Base Erosion and capital flight.

 

Mr X MABASA: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:

 

That the House debates that co-operatives and small medium micro enterprises, if well supported, are instruments of not only job creation, poverty-reduction tool but they are also appropriate for addressing the inequalities.

 

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

 

That the House debates the enforcement of tender regulations to ensure that government and state-owned entities comply with the required 75% local content on procured goods.

Mr M S MABIKA: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the NFP:

 

That the House debates the sorry state of South African national football and ways to improve the standard of the management and performance of our national team.

 

Ms P NTOBONGWANA: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the EFF:

 

That the House debates whether or not the universities abuse their autonomous status to frustrate the transformation ideals of the country while they continue to happily receive the state subsidies.

 

Mr A M SHAIK-EMAM: Deputy Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the EFF:

 

That the House debates the unacceptable high rate of crime in South Africa, and in particular the extraordinary high per capita murder rate, and its effect on our economy and tourism in particular.

MOTION WITHOUT NOTICE

 

Mr M L W FILTANE: I move without notice on behalf of the UDM:

 

That the House -

 

  1. notes that three South African prominent boxers hailing from the Eastern Cape Province by the names of Xolisani “Nomeva” Ndongeni, Zolani “last born” Tete and Nkosinati “Mabhere” Joyi, scored resounding victories at the Orient Theatre, in East London on Friday 4 September 2015;

 

  1. further notes that, their outstanding performances, forced all their opponents down to the canvas before the scheduled duration of the fights;

 

  1. acknowledges that three fighters were of international standard featuring boxers from Mexico and Argentina; and

 

  1. congratulates the fighters for living up to expectations and placing the country back on the world map of boxing.

 

Mr T E MULAUDZI: Chairperson, we congratulate, however, the EFF objects the motion.

Mr R W CHANCE: I hereby move on behalf of the DA:

 

That this House –

 

  1. acknowledges the outstanding achievement that is the Philippi Village Business Incubation Hub, located in the central Cape Town suburb of Philippi, which was officially opened on Monday by the Premier of the Western Cape, Helen Zille;

 

  1. notes that Philippi Village came about through the inspired leadership and co-operation of the Bertha Centre, the Business Place Network, the Jobs Fund, the Industrial Development Corporation, the City of Cape Town and Metropolitan Life;

 

  1. further notes that through an investment of R95 million, the old cement works in Philippi has been converted into a state-of-the art, world class incubation hub which aims to revitalise the local economy through the provision of excellent infrastructure for up to 100 small businesses in a safe, business-friendly environment;

 

  1. looks forward to the establishment of the Philippi library in the main ground floor space in the next few months, providing the local community with a place of learning and knowledge acquisition so vital for its youth to realise its true potential; and

 

  1. Encourages the partners in this project to turn it into a benchmark that can be replicated countrywide, and so make a real impact on small business and job creation in our country.

 

Ms M O MOKAUSE: Deputy Speaker, we object.

 

Ms B P MABE:

 

Ms M O MOKAUSE: Deputy Speaker, we object.

 

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

 

That this House -

 

  1. notes that two men have been arrested near George on Sunday, 6 September, 2015 for drug possession;
  2. also note that 48 000 mandrax tablets with a street value of R2,4 million was confiscated;

 

  1. further notes that the two suspects, one is form Sandton and the other is from Gugulethu, in Cape Town

 

  1. Finally notes that: the mandrax tablets were destined for distribution in the Western Cape;

 

  1. wherefore, we call upon this House to express its appreciation for the swift action of the police who made the arrest after a tip-off; and

 

  1. encourages the South African Police to step up its efforts to wipe out the scourge of drugs which are ravaging our country.

 

Mr M M DLAMINI: We object, Deputy Speaker.

 

Prof N KHUBISA: Hon Speaker on behalf of the NFP, I move without notice:

 

That this House -

 

  1. notes that about 10 people were killed and 100 wounded on Thursday 3 September 2015 when a bomb went off near an army camp in Kerawa, a town in the Far North region, where soldiers are battling Boko Haram fighters from Nigeria;

 

  1. also note that on the same day, a bomb went off in a market at Kerawa, with a provisional toll of six dead and 87 wounded; and

 

  1. notes that Boko Haram has stepped up attacks on the countries bordering its northern Nigerian stronghold, that is Chad, Niger and Cameroon - after these countries took part in a regional offensive against it earlier this year

 

  1. wherefore, we call upon this House to express its condolences to the government of Cameroon on the loss of life of civilians in the ongoing terror attacks by Boko Haram; and

 

  1. call upon the African Union to intervene and make all efforts possible to stop the violence against civilians at the hand of the Boko Haram.

Mr N S MATIASE: Deputy Speaker, the EFF objects.

 

Ms C N MAJEKE: I move without notice on behalf of the UDM:

 

That the House –

 

  1. notes that the a Bekkersdal woman, Mama Moloi Susan Lukhooa, celebrated her 105th birthday on Saturday 05th September 2015;

 

  1. further notes that Mama Lukhooa, who was the first born child in a family of ten siblings, was honoured by her family with a special celebration, because she can’t make it to the church any more, her church choir came to sing for her, during her birthday celebration;

 

  1. recognises that Mama Lukhooa born on 05 September 1910, she had ten children of her own but she outlived some of them, as well as a number of her siblings and even her grandchildren;

 

  1. acknowledges Mama Lukhooa, whose message to others is, “Carry yourselves well, listen to others and have love;”

 

  1. ascribes her long life to the grace of God; and

 

  1. congratulates her for reaching a century alive and wishing all the best for years to come.

 

Ms M O MOKAUSE: Deputy Speaker, we object.

 

Mr D BERGMAN: I hereby move on behalf of the DA:

 

That this House -

 

  1. congratulates South African 15th seed tennis player, Kevin Anderson, for beating British third seed player, Andy Murray, at the US Open;

 

  1. notes that the match was four hours and eighteen minutes long; the longest match of the tournament so far;

 

  1. acknowledges that this victory has led to the South African athlete’s first major quarter-final; and

 

  1. wish Anderson luck for his next game.

 

Mr P G MOTEKA: EFF objects.

Nks N P SONTI: Ndiphakama egameni le-EFF:

 

Ukuba le Ndlu -

 

  1. iqaphele ukuba eMarikana kukho umhlolokazi owalimalela emgodini weLonmin ngonyaka wama-2009, elinyazwa ngumakalanyana;

 

  1. iphinde iqaphele uba lo mama akakwazi kuzenzela nto, uhamba ngesitulo esinamavili ubomi bakhe bonke, kwaye uhlala ebhedini iimini ezi, ukususela oko wenzakala;

 

  1. iqaphele ukuba akukho ncedo okanye mbuyekezo awakhe wayifumana kumgodi waseLonmin ukususela oko walimala, elimalela emsebenzini phofu;

 

  1. ivume ukuba le meko yalo mama ibeka ikamva labo bonke abaxhomekeke kuye emngciphekweni. Kungokunje intombi yakhe iphumelele imatrikI, ayikwazi kuqhubekela phambili ngemfundo, nezithembiso ezenziwa nguLonmin zokumfundisela abantwana zaphelela emoyeni okwezithukuthuku zenja;

 

  1. ibuye ivume kwakhona ukuba uLonmin lo yinkampani apha enobutsili obendeleyo bobuqhophololo, lo mama uhlala endlwini evuza amanzi mhla kunethayo, abe wayethenjisiwe nguLonmin ukuba bazakumakhela indlu emva kokulimala kwakhe;

 

  1. iqaphele ukuba ngexesha loqhankqalazo lwabasebenzi lonyaka ophelileyo, lweenyanga ezintlanu, lo mama zange afumane nesenti emvuzweni wakhe kuba bambandakanya nolo qhankqalazo nangona wayengekho, beyazi imeko yakhe, elele ebhedini; kwaye

 

  1. icele uMphathiswa wezabaSebenzi nowezeZimbiwa ukuba bakhe babhinqele phezulu bancede lo mama kunye nabo bonke abanye abasebenzi abafana naye, abaphethwe okwezilwanyana ngabaqeshi babo.
  2.  

 

[Ms N P SONTI: I move on behalf of the EFF:

 

That the House -

 

  1. notes that in Marikana there is a widow who was injured by the mining cart in the Lonmin mine in 2009;

 

  1. further notes that this woman is now an invalid as she is wheelchair-bound , and bedridden since the accident;

 

  1. further notes that there is neither help nor compensation received from the Lonmin mine since the accident which happened on duty;

 

  1. admits that this woman’s situation puts the future of all her dependents at risk. Currently, her daughter who had complete her matric cannot continue with her studies, and the promises done by Lonmin of helping with the education of her children ended nowhere;

 

  1. further admits that Lonmin is the company that specialises in corruption, because this woman stays in a house that leaks when there is rain, even though Lonmin had promised after the accident that they were going to build her a house;

 

  1. further notes that during last year’s  workers’ strike, which lasted for five months, this woman did not receive not even a cent in wages because they had included her in the strike although she was not there, when they knew her situation and that she was bedridden; and
  2. appeals with the Minister of Public Works and the Minister of Mineral Resources to expedite the delivery of services and assistance due to this woman and all those who are in the same predicament as her, who are being treated inhumanely by their employers. ]

 

SCHOOLS IN MPUMALANGA

 

(Draft Resolution)

 

Ms H S BOSHOFF: Deputy Speaker, I move without notice:

 

That the House —

 

  1. notes with concern that 40% of school children in Mpumalanga are forced to attend school without access to basic services, such as water and sanitation;

 

  1. also notes that during the MEC of Education’s budget speech earlier this year, she promised that this current financial year would see 178 schools benefitting from the eradication of the basic services backlog, with her department setting aside R241 million to achieve this;

 

  1. also notes that initially, it seemed like the MEC was serious about eradicating this problem, but to date, of the 178 projects, 162 should have commenced in January 2015, to be completed by December 2015;

 

  1. further notes that the remaining 16 projects were to begin in the new financial year, starting on 5 April 2015;

 

  1. acknowledges that a snap survey undertaken by the DA, confirmed that although these schools have been waiting for the department to start with the projects, up to date, nothing has been done;

 

  1. further acknowledges that learning conditions of learners in Mpumalanga are in stark contrast to DA schools in the Western Cape, where 100% of all schools listed on the National Education Infrastructure Management System, Neims, database have access to adequate sanitation;

 

  1. also acknowledges that the DA believes in constant innovation when it comes to improving the education system, which includes the maintenance of good physical infrastructure at schools, as this enhances access to quality education, whilst inadequate and poorly maintained infrastructure compromises learners; and

 

  1. calls on the MEC of Education to prioritise education and service delivery as a matter of urgency, to ensure learners have a proper learning environment, to ensure success in the classroom.

 

Ms M O MOKAUSE: The EFF objects.

 

Motion is not agreed to.

 

COURAGEOUS DECISION BY AMCU

 

(Draft Resolution)

 

Mr M N PAULSEN: Deputy Speaker, I move without notice:

 

That the House —

 

  1. notes the courageous decision by Amcu not to sign the so-called 10-point plan intervention in the mining sector to prevent job losses;

 

  1. commends Amcu for being a union, instead of being one of those investment companies, in pretense of a union that sign plans, which are nothing but clear political rhetoric by a party more concerned about elections than job creation;

 

  1. recognises a sign of arrogance and disrespect by the Minister of Mineral Resource, Chambers of Mines and the National Union of Mineworkers, Num, which invest in many of these mining companies, to simply expect workers to roll over every time the sector is in trouble, to save profit, but when the sector is doing well, wages do not reflect such growth;

 

  1. calls on the Minister of Mineral Resources to come up with a 10-point plan to stop the operations of all multinational companies that continue to operate illegally, as they failed to meet the Mining Charter equity, procurement, social and labour plan targets; and

 

  1. calls on the Minister of Mineral Resources to come up with a 10-point plan to increase minimum wage to R12 500 per month.

 

Ms R M LESOMA: The ANC objects.

 

Motion is not agreed to.

 

REINSTATEMENT OF THE CONTRACT BETWEEN ESKOM AND GLENCORE SUBSIDIARY, OPTIMUM COAL

(Draft Resolution)

 

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

 

That the House —

 

  1. notes the reinstatement of the contract between Eskom and Glencore subsidiary, Optimum Coal, to supply Eskom’s Hendrina power plant;

 

  1. notes that, Glencore attempted to extort money from Eskom when they wanted to force Eskom to change their current contract agreement where they currently supply coal at R150 per ton, to a new price of R500 per ton;

 

  1. commends the Acting CEO, Mr Brian Molefe, for not falling into the trap of Glencore’s claims about unprofitable production, now that they know Eskom received a new budget;

 

  1. calls on the Acting CEO to recover the R2 billion penalty fines from Glencore as soon as possible and also look at the quality of coal from Exxaro, BHP Billiton and Anglo America;

 

  1. recognises that the majority of mining companies, especially subsidiary companies of multinational companies and their BEE partners like Deputy President Cyril Ramaphosa’s company, Shanduka, charge Eskom exorbitant amounts for poor quality coal;

 

  1. calls on the Acting CEO to take all Eskom activities away from the war room, led by the Deputy President, to rebuild Eskom operations without political interference; and

 

  1. further calls on the Acting CEO to expand and intensify procurement of coal from the state-owned mining companies.

 

Mr A M SHAIK-EMAM: The NFP objects.

Motion is not agreed to.

 

TSHIṰEREKE TSHA VHADZULAPO VHA VUWANI

 

(Mvetamveto ya Tsheo)

 

Vho T E MULAUDZI: Mufarisa Mulangadzulo, ndi khou dzinginya ndi songo ḓivhadza:

 

Uri Nnḓu heyi -

 

  1. i ḓivhe nga ha tshiṱereke ngei kha vhadzulapo vha Vuwani hune ha vha na masipala muswa une wa khou thomiwa, vhadzulapo vha Vuwani a vha khou tenda uri vha wele khawo;

 

  1. vha khou humbela uri vhane vha ita mikaṋo ya  masipala vha humise tsheo yavho, na uri hetshi tshiṱereke u bva tshe tsha thoma, matshudeni na vhana vha zwikolo a vha khou ya zwikoloni, matshudeni vha maṱiriki a vha khou ṅwala milingo ya thirayaḽa u fana na vhaṅwe, Vho Minisiṱa vha no langula mimasipala vho ya vhaṱangana na vhadzulapo fhedzi vho kundelwa u fhelisa thaidzo iyi;

 

  1. ro vha ri khou ri vhadzulapo vha Vuwani vha khou humbela uri khumbelo yavho i tendeliwe, hu u itela nga maanḓa matshudeni uri vha kone u ya zwikoloni vha ye u ṅwala milingo ngauri milingo ya maṱiriki i tsini zwino, a vha koni u ya milingoni nga nṱhani ha tshiṱereke hetshi;

 

  1. muhasho u khou humbelwa uri u dzhenele nga maanḓesa uri heyi thaidzo i tandululiwe uri Bodo ya Mikano ya Masipala i imise tsheyo iyo.

(Translation of Tshivenḓa draft resolution follows.)

 

[VUWANI PROTESTS

 

(Draft Resolution)

 

Mr T E MULAUDZI: Deputy Speaker, I move without notice:

 

That the House -

 

  1. notes the protests by Vuwani residents who do not want to fall under the suggested new municipality;

 

  1. notes that the residents are requesting the Municipality Demarcation Board to reverse its decision, and further notes that since the protests started school children in Vuwani are not going to school and those who are doing Grade 12 are not writing their trial exams. The Minister for Co-operative Governance and Traditional Affairs met with the residents but failed to resolve this problem;

 

  1. further notes our requests on behalf of Vuwani residents that they should be granted their wishes and end the protests for the sake of the Grade 12 learners who must go back to school since they will be writing their examination soon; and

 

  1. requests the department to intervene so that this problem can be resolved and that the Municipality Demarcation Board must reverse its decision.]

 

CONGRATULATIONS TO THE LIGHTWEIGHT WOMEN’S DOUBLE CREW OF URSULA GROBLER AND KIRSTEN MCCANN

 

(Draft Resolution)

 

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

 

That the House —

  1. notes that on Saturday, 5 September 2015, the lightweight women’s double crew of Grobler and McCann finished third at the 2015 World Rowing Championship in France;

 

  1. acknowledges that the South African women crew has improved on their performance at the 2014 World Rowing Championships, where they finished in fourth place;

 

  1. congratulates Grobler and McCann on winning the bronze medal; and

 

  1. encourages them to train hard and continue their steady improvement for the World Rowing Championship next year.

 

Ms V KETABAHLE: We object.

 

Motion is not agreed to.

 

THE MURDER OF TWO FEMALE STUDENTS OF THE VAAL UNIVERSITY OF TECHNOLOGY

 

(Draft Resolution)

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

 

That the House —

 

  1. notes that two female students who were doing their second year in Logistics Management at the Vaal University of Technology were found dead in their flat on Sunday morning and both had been shot and put in their beds as if they were alive and still sleeping, while the killer is still at large;

 

  1. further notes that in the past five years, the university has been plagued with gruesome murders of students, most of which have never been resolved;

 

  1. acknowledges that last year, a female student was shot dead in front of her residence, not too far from where the two students were murdered;

 

  1. further acknowledges that the Vaal University of Technology SRC has held a meeting with the university management, the local police and representatives of the mayor’s office in May this year, to address the issue of security, but no one has done anything, ever since;

 

  1. calls on the university council and the Department of Higher Education and Training to censure the university management for the coldhearted monster behaviour of keeping the death of these young students a secret;

 

  1. further acknowledges that the Sedibeng police has a history of sweeping murders under the carpet and the coldblooded murder of fighter Lerata Victor last year went without proper investigation, and to this day, his killers are still at large;

 

  1. calls for the immediate deployment of the Sedibeng police to all known hotspots at the university;

 

  1. also calls on the university management to review the current security contract, as it does not protect the students;

 

  1. further calls on the university management, SAPS and the mayor’s office to be held responsible for these murders, as they did not do anything after their meetings in May; and

 

  1. sends its condolences to the families of the two lady students, their friends and classmates.

 

Mr M S MABIKA: Deputy Speaker, we cannot take anything from them.

 

Ms M O MOKAUSE: Deputy Speaker, on a point of order: We cannot be addressed by this member as “from them”. It is unparliamentary. This hon member must refrain from using that language and I suggest he withdraws.

Motion is not agreed to.

 

MUṰANGANO WA ḼAVHURARU ḼA 2 KHUBVUMEDZI 2015

 

(Mvetomveto ya Tsheo)

 

Mufumakadzi vho L MABIJA: Mufarisa Mulangadzulo, ndi khou dzinginya ndi so ngo ḓivhadza:

 

Uri Nnḓu heyi —

 

  1. i ḓivhe uri kha muṱangano wa Ḽavhuraru ḽino ḽa dzi 2 dza ṅwedzi wa Khubvumedzi ... [U Dzhenelela.]

(Translation of Tshivenḓa paragraphs follows.)

[WEDNESDAY MEETING 2 OCTOBER 2015

 

(Draft Resolution)

 

[Ms L MABIJA: Deputy Speaker, I move without notice:

 

That the House -

 

  1. notes that in the meeting held on Wednesday, 2 October ... [Interjections.]]

 

Mr M S MBATHA: Deputy Speaker, on a point of order: The hon member was out of order and we requested you to call him to order. You are not doing that.

 

The DEPUTY SPEAKER: Hon member, can you allow her? I will give you a chance.

 

Mr M S MBATHA: Deputy Speaker, no. The hon member was out of order. We requested you to call him to order and you are not doing that.

 

DEPUTY SPEAKER: Hon member, I will do it. Give me a chance.

Mr M S MBATHA: Deputy Speaker, every time when it is our points of order, you take long, unreasonably long, whereas on the other side of the mountain, you decide on the spot. Can you please preside fairly? Can you call that member to order?

 

DEPUTY SPEAKER: Hon member, take your seat.

 

Mr M S MBATHA: I will, once you do it.

 

DEPUTY SPEAKER: Hon member, I request that you comply with my request to sit down. The Rules allow the presiding officer to rule immediately or subsequently at the appropriate time. You know that. [Interjections.]

 

Mufumakadzi Vho L MABIJA: Mufarisa Mulangadzulo, ndi khou takuwa hu si na nḓivhadzo ndo imela ANC:

 

Uri Nnḓu heyi -

 

  1. i ḓivhe uri kha muṱangano wa Ḽavhuraru ḽino ḽa 2 ṅwedzi wa Khubvumedzi 2015, madzangano a zwa poḽotiki oṱhe e a vha a hone muṱanganoni, o sumbedzisa u takalela u tikedzana u shelamulenzhe zwavhuḓi ḽo lala, kha muvhigo wa Vho Minisiṱa vha Muhasho wa Tsireledzo na Vhutsireledzi Vho Nhleko, malugana na puḽane ya khwaṱhisedzo dza Khomishini ya Farlam;

 

  1. i ḓivhe uri na murumba wo no thoma kale u ṱambela zwanḓa malugana na khwaṱhisedzo idzo;

 

  1. i ḓivhe uri muvhuso wa ANC u khou isa lushaka ho teaho, namusi zwi songo leluwa , hu na mamilaṋowa a hanaho ngoho na u hana u vhona  nga iṱo ḽa tsha uḽa, a vhona nga iṱo ḽa monde mishumo mivhuya ine muvhuso wa ANC wa khou i itela lushaka. Ni songo vhuya na hanedza fhungo iḽi.

 

Vho T E MULAUDZI: Ro imela EFF, ri khou hana hoyu mudzinginyo, u songo tendeliwa. (Translation of Tshivenḓa paragraphs follows.)

 

[Ms L MABIJA: Deputy Speaker, I move without notice on behalf of the ANC:

 

That the House -

 

  1. notes that in the meeting held on Wednesday, 2 October 2015, all political parties which were present supported the report of the Minister of Safety and Security Mr Nheko regarding the recommendations of the Farlam Commission;

 

  1. notes that implementation of these recommendations is already started;

 

  1. further notes that the ANC government is moving the nation in the right direction even though there are challenges, there are traitors who refuse to see the truth and always have negative perceptions towards the ANC government; and the good work that is done for the nation. Don’t try to deny this.]

 

Mr T E MULAUDZI: The EFF does not support this motion and it should not be adopted.]

 

DEPUTY SPEAKER: Hon members, the point of order that was raised earlier on, as far as I am concerned, is not a point of order. [Interjections.] It is not unparliamentary at all.

 

PREGNANCY AT SCHOOLS

(Draft Resolution)

 

Ms H O MAXON: Deputy Speaker, I move without notice:

 

That the House —

 

  1. notes the alarming numbers of schoolgirls dropping out of schools, some as young as 13 years old, due to teen pregnancy;

 

  1. notes that the reported number of teen pregnancy has tripled in the last 3 years and it is the main cause of drop-out amongst girl learners;

 

  1. acknowledges that a decade of spending on sex education in schools has been a waste of resources;

 

  1. further notes that, in some instances, it is teachers who are impregnating these girls;

 

  1. notes that most of these girls are getting pregnant because there is no proper parental guidance on matters of sex education, because most black parents are spending the bulk of their time travelling to places of work that are far removed from their places of residence;

 

  1. further notes that some black parents, as a result of economic apartheid, spend their time looking after the children of white people, and have no time to look after their own children, because of a lack of economic opportunities;

 

  1. calls on the Minister of Health and the Minister of Basic Education to join forces in search of more proactive and outcome-driven sex education programmes in our schools, in particular rural and township schools;

 

  1. calls for the dismissal of all teachers found to have impregnated learners, that they be charged with statutory rape and that they never be allowed to work in schools or with children; and

 

  1. further calls on the DA to talk to their mainly white constituency to have flexible working hours for their domestic workers, so that they can have time to look after their own children.

 

The CHIEF WHIP OF THE OPPOSITION: Deputy Speaker, when the EFF do that for their domestic workers at Acacia Park, we will follow suit. We object 

 

The motion is not agreed to.

 

EXPLOITATION OF MINEWORKERS

 

(Draft Resolution)

 

Ms V KETABAHLE: Deputy Speaker, I move without notice:

 

That the House —

 

  1. notes the arrogance of mining houses that continue to exploit our mineral resources, transfer profits to tax havens abroad and yet exploit their workers and leave the communities from which they mine in despicable conditions;

 

  1. also notes that Kumba Iron Ore Sishen unfairly dismissed 120 employees in October 2012;

 

  1. further notes that these employees were among those who were involved in a march demanding a living wage;

 

  1. acknowledges that these workers are still battling with the employer to reinstate them or compensate them accordingly, despite them having voted for a government that claims to care for them;

 

  1. also acknowledges that the useless National Union of Mineworkers has chosen to abandon the struggle of mineworkers and has chosen to join forces with the employer;

 

  1. also acknowledges that the case of these mineworkers has been postponed till December 2016, whilst their families continue to go to bed hungry;

 

  1. further acknowledges that the arrogance of mining houses in the Northern Cape continues to escalate due to the corrupt relationship between the ANC in the Northern Cape and the mining houses;

 

  1. calls on government to rescue the poor workers who work long hours and are yet paid peanuts, whilst the elite and those in power continue to dine and wine with the mining bosses;

 

  1. further calls on government to investigate the cases of these unfair dismissals at Kumba Iron Ore and take action.

 

Mr A M SHAIK-EMAM: Deputy Speaker, the NFP opposes this. Everybody must know the difference between a member statement and a motion without notice.

 

The motion is not agreed to.

 

KUMBA IRON ORE, SISHEN IRON ORE AND OTHER MINING HOUSES EXPLOIT EMPLOYEES

 

(Draft Resoultion)

 

Ms M O MOKAUSE: Deputy Speaker, I am glad that hon Oliphant is in the House today. I move without notice:

 

That the House –

 

  1. notes the arrogance of mining houses which continue to exploit our mineral resources, transfer profits to tax havens abroad, and yet exploit their workers and leave the communities from which they mine in despicable conditions;

 

  1. further notes that Kumba Iron Ore Sishen unfairly dismissed 120 employees in October 2012;

 

  1. notes that these employees were among those who were involved in a march demanding a living wage;

 

  1. further notes that these workers are still battling with the employer to reinstate them or compensate them accordingly. This is despite them having voted for a government that claims to care for them;

 

  1. notes that the useless National Union of Mineworkers has chosen to abandon the struggle of mineworkers and chose to join forces with the employer;

 

  1. further notes that the case of these mineworkers has been postponed till December 2016 whilst their families continue to go to bed hungry;

 

  1. notes that the arrogance of mining houses in the Northern Cape continues to escalate due to the corrupt relationship between the ANC in the Northern Cape and the mining houses;

 

  1. we call on government to rescue the poor workers who work long hours and yet are paid peanuts whilst the elite and those in power continue to dine and wine with the mining bosses; and

 

  1. we further call on government to investigate the cases of these unfair dismissals at Kumba Iron Ore Sishen and take action.

 

Mr A M SHAIK-EMAM: Deputy Speaker, the NFP opposes this. To anybody who doesn’t know the difference between a Member’s Statement and a Motion without Notice. Thank you.

 

The DEPUTY SPEAKER: In light of the objection, the motion without notice may not be proceeded with. The motion will now become a notice of motion on the Order Paper.

 

Ms M O MOKAUSE: Deputy Speaker, I rise on a point of order that the EFF is grounded and the EFF is from the constituencies. They raise issues from the constituencies. If the NFP does not have constituency, it is not our problem

 

The DEPUTY SPEAKER: Hon Mokause, that’s not a point of order, but that’s expressing your political view. Please, do not do that again. I request you to obey the Rules as is appropriate. I hope you do not do that again.

 

Not agreed to.

 

MOTION OF CONDOLENCE

 

(The late Mama Florrie Daniels)

 

(Draft Resolution)

 

Mr E M MTHETHWA: Deputy Speaker, I move without notice:

 

That the House –

 

  1. notes with sadness the death of an ANC activist, community leader and stalwart of the movement Mam’ uFlorrie Daniels on Monday, 31 August 2015 at the age of 90;
  2. further notes that Mam’ uFlorrie led the campaign for better housing, health and living conditions in the Western Township until she relocated to Westbury where she resided until her passing;

 

  1. recalls that she joined and initiated a range of projects and organisations in the area driven by her deep commitment to the welfare of those who are less unfortunate as well as her concern for the consequences of injustice;

 

  1. further recalls that some of the projects she was involved with were in response to immediate basic needs and crisis situations, others were attempts at finding long term solutions to challenges faced by the community;

 

  1. realises that her departure is a loss to those less fortunate especially in Westbury; and

 

  1. expresses condolences to the family of Mam’ uFlorrie Daniels.

 

The DEPUTY SPEAKER: In light of the objection, the motion without notice may not be proceeded with. The motion will now become a notice of motion on the Order Paper.

 

Not agreed to.

 

MOTION OF CONDOLENCE

 

(The late Mr Joseph Aranes)

 

(Draft Resolution)

 

Ms R N LESOMA: Deputy Speaker, I move without notice:

 

That the House –

 

  1. notes with deep sadness the passing away of former Cape Argus assistant editor, Joseph Aranes, on Thursday, 03 September 2015 at his home in Lansdowne after suffering a heart attack;

 

  1. recalls that Aranes started his career at the Cape Argus as an intern in 1992 where he rose through the ranks to assistant news editor in 1999;
  2. further recalls that he was appointed news editor in 2000 and later promoted to assistant editor on politics in 2003;

 

  1. remembers that Aranes was born and raised in Bonteheuwel and after completing matric, he spent two years in Germany where he was involved in the anti-apartheid movement and joined the ANC;

 

  1. further remembers that he gained experience in mobilising mass action and on his return joined the Bonteheuwel Civic Association and thereafter established the Bonteheuwel Advice Office;

 

  1. reckons that Aranes was also involved in establishing the United Democratic Front, and was its treasurer in the Western Cape, was also responsible for community self-defence structures like the Bonteheuwel Military Wing and had his own cell within Umkhonto we Sizwe;

 

  1. further reckons that during 1986 he was detained twice, first at Victor Verster prison and later in solitary confinement at the Sea Point police station;

 

  1. believes that he has made his mark and contributed to the struggle against apartheid and exploitation of black people as well as bringing about a better life for all South Africans; and

 

  1. expresses its condolences, together with the ANC, to his wife Kathy, daughter Thandi, grandson Raoul, and his siblings.

 

The DEPUTY SPEAKER: Hon members, are there any objections to the motion?

 

Mr M S MBATHA: We object.

 

The DEPUTY SPEAKER: In light of the objection, the motion without notice may not be proceeded with. The motion will now become a notice of motion on the Order Paper.

 

Not agreed to.

 

MONUMENT UNVEILED IN HONOUR OF CHIEF MAKWENA MATLALA

 

(Draft Resolution)

 

Mr J J MAAKE: Deputy Speaker, I move without notice:

 

That the House –

 

  1. welcomes the unveiling of a very important and historic monument at the Bakone Tribal Offices on 31 August 2015 at Ga-Matlala in Limpopo;

 

  1. the monument is in honour of Chief Makwena Matlala, who was the first woman to be banished by the apartheid regime because of her fierce opposition to its repressive policies on land distribution by tribal authorities;

 

  1. notes that Kgošigadi Makwena Matlala was stripped off her traditional title and banished to Attredgeville and then later to King William’s Town in the Eastern Cape. Her banishment was withdrawn in 1966 and she, together with her son, then returned home;

 

  1. applauds the government for finally acknowledging the role played by Kgošigadi Makwena Matlala in the struggle against apartheid.

 

The DEPUTY SPEAKER: Hon members, are there any objections to the motion?

 

Mr P G MOTEKA: Deputy Speaker, we object. ANC is optimistic.

 

The DEPUTY SPEAKER: In light of the objection, the motion without notice may not be proceeded with. The motion will now become a notice of motion on the Order Paper.

 

Not agreed to.

 

AFRICAN NATIONAL CONGRESS WELCOMES NEW ANC YOUTH LEAGUE LEADERSHIP

 

(Member’s Statement)

 

Ms D P MANANA (ANC): Hon Deputy Speaker, the ANC welcomes the newly elected ANC Youth League leadership. [Interjections.] [Applause.] The ANC commends and congratulates the ANC Youth League for a successful conference held at Gallagher Estate in Midrand on 4 to 6 September 2015 with the assistance of the national task team. We are confident that they have emerged more determined and ready to mobilise and work with the ANC to ensure victory at the polls next year. [Interjections.] The 25th ANC Youth League national conference has silenced critics who believed that it would never be a success when more than 3 000 delegates converged in Midrand for the conference. [Applause.]

 

The ANC will rally behind their programmes especially on their commitment to rebuild the youth league. We strongly believe that there will be no anarchy in the newly constituted ANC Youth League, unlike its predecessor. [Applause.] We call on the newly elected leadership to waste no time in mobilising South African youth and society broadly for a major push towards the uplifting and empowerment of young people. The national executive committee of the league was elected unopposed on Saturday evening and the conference was concluded successfully on Sunday. I thank you. [Applause.]

 

Ms H O MAXON: Hon Deputy Speaker, on a point of order.

 

The DEPUTY SPEAKER: Yes, hon member.

 

Ms H O MAXON: Hon Deputy Speaker, I think this member’s statement is wrong. The hon member was supposed to say she is congratulating the premier league, Mr D D Mabuza, Mr Ace Magashule and Mr Supra Mahumapelo. [Interjections.]

 

EKURHULENI MUNICIPAL MANAGER IN ILLEGAL CONTRAVENTION OF ACT

 

(Member’s Statement)

 

Mr M WATERS (DA): Hon Deputy Speaker, the latest embarrassment to plague the Ekurhuleni Metro is the High Court ruling where the purported extension of the contract of the Municipal Manager, Mr Khaya Ngema, was declared illegal and in contravention of the Local Government Municipal System Act. Questions remain unanswered by the Minister of Finance and the Minister of Co-operative Governance and Traditional Affairs as well as the Auditor-General, AG, as to why the R119 million irregular expenditure Mr Ngema disclosed through the audited financial statements is, in fact, R700 million less than the amount he had disclosed to the National Treasury.

 

In addition, the National Treasury’s letter to Mr Ngema on 12 September 2012 rejected the grounds he used to delegate his powers to approve tenders of R10 million and above to the Bid Adjudication Committee which contravene both the Municipal Finance Management Act and the Constitution and resulted in R7,2 billion in irregular expenditure.

 

The AG’s Office needs to explain how Ekurhuleni managed to receive a clean audit against the R7,2 billion irregular expenditure and with the hidden R700 million. President Zuma got it right for once when he stated that Ekurhuleni was the most corrupt metro in Gauteng. The residence of Ekurhuleni deserves much better than the current ANC corruption-riddled administration. They deserve a corrupt-free metro whose main focus is service delivery. They can get this next year when they vote the DA into power. Thank you. [Applause.]

 

ETHEKWINI MUNICIPLALITY ILLTREATS UMLAZI AND INANDA NEWTOWN RESIDENTS

 

(Member’s Statement)

 

Nksz M S KHAWULA (EFF): Ngiyabonga Sekela Somlomo lapho ngaphambili, siyi-EFF asithandi ukubona abantu baseNingizimu Afrika behlukunyezwa ngale ndlela. Ngempela sekufanele sitshelwe ukuthi yini le enkulu kangaka abantu abazondelwa yona lapha eNingizimu Afrika. Indlela abaphiliswa ngayo yimbi ayibekezeleki. Kumanje laphaya ewadini lama-77 eMlazi kwa-S, K kanye no-M abantu babhidlizelwa izindlu ngonyaka owedlule wezi-2014. Kuyimanje lezi zindlu azikakhiwa. Abantu baqashile izimpahla zabo ziyanethwa emnyango. Lokhu kwenziwa ngumasipala waseThekwini.

 

Le ndaba ifana nse neyalaphaya eNanda Newtown, esigcemeni sakwa-A1090 lapho umndeni wakwaQwabe kaFaniza wadilikelwa umuzi ngezikhathi zezikhukhula ngonyaka wezi-2007 ngoLwezi. Lo muzi uphelile – indaba yawo nansi ephepheni Sekela Somlomo. Bangakhuluma nje into abayithandayo. Lo mndeni uhlala kabuhlungu emnyango. Awunayo indlu ngoba ayikalungiswa. Umbuzo wami uthi: Umasipala kanti usebenzela abanjani? Izingane, omama kanye nogogo abanazo izindlu zangasese lapha. Ngicela ubuke kahle Sekela Somlomo ngikhuluma nawe. Bayeke laba ngoba abanandaba nabantu balapha eNingizimu Afrika. [Ubuwelewele.] Bazicabangela bona bodwa, nabangane babo kanye nezihlobo zabo. Kwakhelwa abantu bakwamasipala imizi, abantu abahluphekayo abakhelwa. Bengicela bathule du balalele. Thina njenge-EFF sikhathele. [Uhleko.] [Ihlombe.] [Kwaphela isikhathi.] (Translation of isiZulu member’s statement follows.)

 

[Ms M S KHAWULA (EFF): Thank you, Deputy Speaker, as the EFF we do not want to see the people of South Africa being harassed this way. We really must be told what is this big thing that the people are hated for; here in South Africa. The way they are made to live is in such a way that one cannot stand it. As we are speaking in Umlazi, ward 77 - Sections S, K and M, residents’ houses were demolished last year in 2014.  And until now these houses have not been rebuilt. Residents are renting and their stuff is exposed to the rain outside. This was done by the eThekwini Municipality.

 

This issue is the same as that of Nanda Newtown, in ward A1090 where Faniza Qwabe’s household’s home was destroyed during the floods in November 2007. This home is completely destroyed – here is its story in the newspaper, Deputy Speaker. They can say whatever they want. This family is living uncomfortably in the open. They do not have a house because it is not fixed yet. The question is: What kind of people is the municipality working for? Children, women and grannies do not have toilets here. I am requesting that you to look closely at these, Deputy Speaker, as I am speaking to you. Ignore these ones because they do not care about the South African people. [Interjections.] They are only thinking about themselves, their friends and their relatives. They built houses for the municipal workers and the people who are struggling were left out. I am asking them to keep quiet and listen. We are tired as the EFF. [Laughter.] [Applause.] [Time expired.]]

 

MINISTER OF MINERAL RESOURCES’S PLAN TO SAVE JOBS IN MINING SECTOR

 

(Member’s Statement)

 

Mr I A PIKININI (ANC): Hon Deputy Speaker, on Monday 1 September 2015, the Minister of Mineral Resources announced a common stakeholder plan to save jobs in mining sector. The job losses in mining in turn have a huge impact on other sectors. They threaten thousand more jobs and the livelihoods of many of our people across the country. The causes of the present weakness in mineral commodity prices are international in scope. The fact is that South Africa is a price taker when it comes to the revenues that are earned from raw material exports.

 

In the immediate term, the responsibility is for all the stakeholders to save jobs where possible. Improved efficiency and productivity is imperative to delay and even avoid retrenchments. Innovative schemes are needed to employ mineworkers and former mineworkers in the huge task of cleaning up the environment, where the careless practices on mining companies in the past have caused pollution and made some areas unsafe for human habitation. The resources that mines have saved for their social and labour plans also need to be drawn upon to provide skills training and create alternative jobs for mineworkers.

 

In the longer term, there should also be investment promotion and market development to deal with the change international demand patterns for mined commodities. This includes support for exploration to discover new mineral deposits for sustainable mine operation. There is a need for joint promotional activities and innovation. Thank you, very much. [Time Expired.] [Applause.]

 

CHILDREN WITH DISABILITIES EXCLUDED FROM EDUCATION ACCORDING TO FINDINGS OF HUMAN RIGHTS WATCH

 

(Member’s Statement)

 

Ms L L VAN DER MERWE (IFP): Hon Deputy Speaker, our Constitution affords everyone the right to education. Unfortunately this right has not been extended to some half a million children with disabilities who are excluded from our education system on a daily basis. These are the damning findings of the Human Rights Watch published in the report titled, Complicit in Exclusion.

 

The IFP has raised this matter in this House on numerous occasions. Various NGOs too have highlighted these severe challenges faced by many children with disabilities especially those in rural areas. But the findings are sobering considering that South Africa was one of the first countries to ratify the United Nations Convention on the Rights of Persons with Disabilities which requires this government to promote an inclusive education system. Sadly, the very opposite has come to pass when children with disabilities are able to enter into a mainstream school, they often end up dropping out because teachers do not have the necessary skills to teach them. And in that case of special schools, accesses to these special schools are often limited. We need to ask our government today to take responsibility and admit that it is not providing education to all of its children, in fact, no schooling at all for many children with disabilities. We also appeal for answers today as to how it will ensure going forward that the implementation of its policy and inclusive education will afford all children a quality education. I thank you.

 

UNEMPLOYMENT HIGH AMONGST QUALIFIED MEN AND WOMEN IN OUR COUNTRY ACCORDING TO 2014 SURVEY

 

(Member’s Statement)

Ms C N MAJEKE (UDM): Hon Deputy Speaker, according to the 2014 Quarterly Labour Force Survey - Statistics SA, unemployment rate amongst men with tertiary qualifications ranged from 1,9% to 11% whilst amongst women with the same qualification ranged from 2,5% to 16,1%. Looking at this side of the road, is Thembinkosi Phakathi, a 22-year-old public relations graduate from the Durban University of Technology standing at the corner of Rivonia Road and Sandton Drive begging for nothing else but a job so that, amongst others, he can be able to pay back the National Student Financial Aid Scheme, NSFAS, debts. On the other side of the road of the Graystone Drive stands a 25-year-old qualified electrical engineer Tankiso Motaung joining in what can be called graduate street marketing for no less than eight hours with a placard begging for a job.

 

In the midst of all these painful sights, media reports daily about many in both public and private sector in positions of employment with either no qualification or fraudulently claimed qualification. The scourge of fake qualifications in the labour market may outnumber a number of qualified graduates looking for employment. There is an urgent need for decisive intervention with drastic actions in defence of the poor unemployed, young and old qualifying citizens in the economy of our country and indeed in order to ensure effective and efficient delivery of services to the people. Amongst others, this needs to be declared the national crisis so that urgent, practical and lasting solutions can be found. Thank you. [Time expired.]

 

INSTITUTE FOR SECURITY STUDIES ANNOUNCED THAT SOUTH AFRICA DOES NOT FACE A CRISIS

 

(Member’s Statement)

 

Dr N J J Van R KOORNHOF (ANC): Hon Deputy Speaker, the Institute for Security Studies recently announced that South Africa does not face a crisis despite our high crime, unemployment and inequality. [Interjections.] However, they warned that the margin for error is thin but there is reason to be optimistic.

 

We all know that we are experiencing turbulence, like many other parts of the world, but Jakkie Cilliers of the institute concluded, and I quote, “A perennial sense of crisis in the media is not supported by a deeper analysis of the structural conditions of South Africa”.

 

It appears from the study that our growth prospects are healthy, in the next five to 10 years it may be uncomfortable, but in the longer term South Africa, according to them, is in a sweet spot for growth due to the ANC-led government investments over the past 20 years in the provision of water, sanitation, quality health care and education. That is what Jakkie Cilliers is telling us, not me. [Interjections.] With our advanced infrastructure in comparison to many other regions and the growing opening of new markets in Africa, the future is not so bleak as many wants us to believe, and that include the DA. [Applause.]

 

VILLAGE OF HUNTINGTON IN BUSHBUCKRIDGE HAS NO HIGH SCHOOL

 

(Member’s Statement)

 

Mr N T GODI (APC): Hon Deputy Speaker, the village of Huntington in Bushbuckridge borders the Kruger National Park and has been in existence for over 40 years. It is the only village in Bushbuckridge that has been in existence for that long that does not have a high school. The villagers have since 2012 tried to follow all the prescribed procedures to ensure that they have a high school to date without success.

 

Three sponsors, which are, Sabi Sand, Africa Foundation and former Pfunanani Trust have come forward pledging to build the school on behalf of the village in case or only if the provincial department allows them to do so or registers the school. However, to date and by last week Friday, the sponsors were threatening to pull out because, so far, the only thing missing is the signature of the MEC who on many occasions has always found reason not to put pen on paper. As the APC we want to urge the national Minister to intervene to ensure that that village, like all the other villages, has a high school. Thank you. [Time expired.] [Applause.]

 

ELSENBURG AGRICULTURAL COLLEGE STUDENTS PROTEST

 

(Member’s Statement)

 

Ms J KILIAN (ANC): Hon Deputy Speaker, several campuses experienced student unrests recently owing to frustrations with lack of transformation of the institutional culture of these institutions. As the ANC we hope that in view of the coming exams our campuses will soon settle down to create an environment conducive to teaching and studying.

 

Some of the most violent incidents occurred here in the Western Cape at the Elsenburg Agricultural College, which is not part of the University of Stellenbosch, but a provincial agricultural college under the control of the Western Cape provincial government. The deafening silence from the DA leadership about the Elsenburg Agricultural College crisis was remarkable. This illustrates the serious policy confusion. They are caught between two fronts. On the one hand the Freedom Front Plus and its twin brother, AfriForum, which is waiting to erode the DA’s traditional support base, and on the other hand the EFF with whom they compete to gain a footprint in the populist market segment, so, voila! They opted for remote control asking the courts to intervene to stop the unrests.

 

Whatever their political agenda and fears that they may lose votes in the next year’s elections, Elsenburg Agricultural College for now remains the responsibility of the DA provincial government. The DA cannot cede their governance responsibility to lawyers and judges when the going gets tough. [Time expired.]

 

MACHABENG WATER PIPES RUN DRY

 

(Member’s Statement)

 

Ms S P KOPANE (DA): Deputy Speaker, last week Monday Sedibeng Water disconnected the entire Machabeng Local Municipality pipe water supply due to continuous nonpayment by the municipality for the bulk water supply. What is more shocking is that Machabeng spokesperson, Kgoshane Mathule said that the residents of Machabeng will have to do with 20% of usual water supply, and that if they don’t pay their water accounts the municipality will intensify the water restrictions.

 

Hon Deputy Speaker, this is an evidence of an uncaring arrogant attitude of the ANC government. It is disgusting that the Machabeng wants the residents to pay their water accounts, but the municipality doesn’t pay Sedibeng Water. It is estimated that Machabeng owe Sedibeng Water almost R950 million and more than R1,7 billion to the creditors.

 

Service delivery is almost nonexistent, poor and unaccountable governance is rampant. The state of economy in Machabeng is in crisis and businesses are closing doors at an unprecedented rate. Machabeng serves as a perfect example of how the ANC can govern a municipality into the ground.

 

Since its formation, Machabeng has not obtained even a single clean audit. It started off with the qualified audit report and for more than a decade it has only managed to regress annually to disclaimer with adverse finding. Access to clean water and reliable water supply is a basic human right and Machabeng is failing this constitutional mandate. The task team led by the Free State Finance MEC, Ms E Rockman and the Co-operative Governance, Traditional Affairs and Human Settlements, Cogta ,MEC, Ms Mlamleli is nowhere to be found. ANC, this is the story to tell now. [Time expired.]

 

The DEPUTY SPEAKER: Hon Mabe, just hold on. Hon Madisha, are you drawing attention to us? Hon Madisha, there is an order that I am following, sir. Do that to the people who programmed it, and not to me. I’m afraid. Get there, sir, and not in the House. Go ahead, hon member.

 

NATIONAL YOUTH DEVELOPMENT AGENCY GETS CLEAN AUDIT

 

(Member’s Statement)

 

Ms P MABE (ANC): Deputy Speaker, the National Youth Development Agency is the only public entity focusing solely on youth development. It struggled with institutional issues and interference from unruly individuals who infiltrated the agency to promote their own selfish interests. The same individuals who now occupy the ranks of the EFF after being expelled from the ANC, now the National Youth Development Agency, NYDA, stands tall.

 

As a government agency it has achieved its first ever clean audit opinion from the Auditor-General of South Africa. [Applause.] This is a rock solid sign by the most independent of parties of its strong governance structures. It has achieved 100% of its service delivery key performance indicators, KPIs, and assisted more than 1,2 million young people in the past financial year. [Interjection.] The doomsayers said that the NYDA will never be in a position to reduce its salary bill. [Interjections.]

 

Ms M O MOKAUSE: On a point of order, Deputy Speaker: A member cannot rise in this House and mislead us. We all know and the country knows that there is nothing good about the ANC government. The member cannot mislead us and say that the NYDA has assisted young people 100%. There is nothing good in the ANC.

 

DEPUTY SPEAKER: Hon member, you are out of order. Can you take your seat, please. You are out of order. Go ahead, hon member. Hon members, order! Give a member chance.

 

Ms P MABE: The doomsayers said that the NYDA would never be in a position to reduce its salary bill. Where are those people now when the NYDA has led the way in restructuring its operations and will save R37 million in salary costs to be redirected towards youth development? Where are those who proclaimed ruin as a result of the loan book of the NYDA to which it has now implemented successful collection measures? The NYDA is a youth development agency ... [Time expired.]

 

PAC CELEBRATES 11 SEPTEMBER DAY

 

(Member’s Statement)

 

Dr L R MBINDA (PAC): Deputy Speaker, the PAC would like to express its celebration for 11 September 1961, which was the founding of the modern armed struggle in this country. This day represents the founding of Poqo, which is the then Azanian People’s Liberation Army after the wars of resistance that were led by the kings of the African empires.

 

On 11 April 1961, the PAC was the first party to move from protest to defiance and from defiance to armed struggle. The armed struggle in conjunction with aggressive diplomatic work brought democracy to this country. The PAC gets stunned when theorists like those who are talking now, talk about the miracle of this democracy that democracy came from nowhere, but from thin air. We would like to correct that this democracy was hard-fought for, therefore remains very precious to us.

 

Thus as the PAC, we remain embarrassed on behalf of this nation where those people who fought for this democracy are still languishing in jails. They are not free just as the whole nation remains not free. They are still held for apartheid crimes. No one in this House of sober mind will accept that the dictates of the apartheid value system can remain the barometer of the release or nonrelease of the Azanian People's Liberation Army, Apla, soldiers who remain prisoners of war. To us it means the war is not over. [Time expired.]

 

TOURISM MONTH

 (Member’s Statement)

 

Ms L S MAKHUBELA-MASHELE: Deputy Speaker, the month of September is celebrated in South Africa as a tourism and Heritage Month. On 27 September we will be celebrating it under the auspices of the United Nations World Tourism Organisation as a tourism day. The United Nations World Tourism Organisation, UNWTO, theme for this year is: One billion tourists, one billion opportunities.

 

At the official launch of tourism month, the Minister unveiled a new domestic tourism marketing campaign: A million new experiences are a Sho't Left away. The theme is meant to highlight the economic impact of each tourist and how domestic tourism contributes to sustainable livelihoods of all South Africans. The current trend in global tourism is that tourists want to engage with communities they are visiting. The new trend presents countless opportunities that should be explored during the tourism month. The basic benefit of heritage tourism lies in the collaboration of the tourist industry with local cultural organisations and the general public to develop sustainable heritage tourism economies. This has a potential to create new business opportunities, jobs and strengthen local economies. It also protects natural and cultural resources which improve the quality of life for residents and travellers who participate in these tourist attractions.

 

South Africa will celebrate World Tourism Day on 27 September 2015 in Limpopo, which is home to the Mapungubwe World Heritage Site, South Africa’s first city of gold. [Time expired.]

 

SOUTH AFRICA’S FULFILLMENT OF THE MDG GOALS REPORT UNFINISHED

 

(Member’s Statement)

Ms S V KALYAN: Deputy Speaker, the final report on South Africa’s fulfillment of the Millennium Development Goals, MDG, was scheduled to be published in September 2015 for presentation to the UN General Assembly at its sitting to be held between 25th and 27th September 2015. However, the International Relations and Cooperation Portfolio Committee was informed by the department’s director general two weeks ago that the report is not yet finalized.

 

STATS South Africa was tasked with the compilation. Given that the General Assembly is imminent, and that Parliament goes into recess on the 14th of September, it is outrageous that this report is not yet finalized and has not yet come before Parliament for discussion. Such tardiness on the part of the lead ministry, International Relations and Cooperation is unacceptable and hampers Parliament’s oversight role.

 

The DA hereby calls on the leader of government business, hon Cyril Ramaphosa and the Speaker of the National Assembly hon Mbete to ensure that the practice of presenting country reports to international bodies before they are tabled in Parliament has stopped and that the oversight role of this August House and its committees is respected.

 

Ms L MABIJA: Deputy Speaker, in Limpopo Vhembe Region, Thulamela Municipality Ward 29 of councillor Nematenda. Early this year during implementation of the parliamentary constituency programme, the parliamentary constituency or management visited Khubvi Primary School. The school management indicated a need to have a reconstruction of dilapidated blocks of classrooms with big cracks. We saw it. The women of Khubvi village also showed concerns. The then acting MEC of Education, hon Jerry Ndou was very concerned and indicated that this need will be given an immediate attention. Today as we are seated here ...

 

... murumba u khou tambela tshanda ngei tshikoloni tsha Phuraimari ya Khubvi. [... reconstruction of Khubvi Primary School is underway.]

 

Building contractors are on site busy with a foundation of a block of 10 classrooms, a block of administration, renovation of a classroom and a mobile library is being assembled.

 

... namusi vha sa funi ndi ANC i no khou vhusa ... [... Even though you don’t like it, the ANC is governing ...]

 

... and implementing clauses of the freedom charter. You can ask yourselves why. It’s because ANC is a big church, and all churches belong to the kingdom of God. Amen. [Applause.]

 

FAKE QUALIFICATIONS

 

ACTS VIOLENCE AND VANDALISM ON CAMPUSES

 

(Minister’s Response)

 

The MINISTER OF HIGHER EDUCATION AND TRAINING: Deputy Speaker, just to briefly respond to two members, the one member was talking about qualifications. As the Deputy President clarified this matter in the NCOP last week, as government we are very determined to clamp on fake qualifications as well as name and shame those who claim qualifications they do not have.

 

Hon KALYAN, we are very concerned about acts of violence and vandalism in our campuses. We have instructed management of our institutions not to tolerate these at all and to be very firm and work closely with law enforcement agencies. We also hope that dealing with all these issues that are being with regard to universities, the summit that I am convening on the 15th October this year will put on the table all issues relating to transformation including indicators and concrete steps that will be taken. We hope that all stakeholders with reach some consensus.

 

Deputy Speaker, I am not surprised about the DA because when it comes to university issues, they tend to speak from both sides of their mouths.

 

The DEPUTY MINISTER OF MINERAL RESOURCES: Deputy Speaker, we want to thank hon Pikinini for raising this important matter relating to mining and the fall of commodity prices. This time, all resource-based countries are going through a difficulty. We just returned from Australia in the last few days. In the mining sector there, 20 000 jobs äre under threat. In Canada, 19 700 jobs are under threat. In the United States, in April alone they lost 15 000 jobs. In South Africa when the stakeholders came together, 11 000 jobs were under threat.

 

I think it is important that we commend the Minister of Mineral Resources, Adv Ramatlhodi for his leadership in this matter and also the stakeholders of Mining Industry Growth Development and Employment Task Team, MIG-DETT, for their leadership and engaging in this matter. Last week, hon members would recall that the stakeholders from the mining industry, government and the unions signed a declaration to try and save jobs and to intervene in the mining sector. Association of Mineworkers and Construction Union, AMCU, which did not sign at that stage, wanted to consult with their principals, and we respected that. We would urge them to also come back to sign the declaration. MIG-DETT was formed precisely for the purpose of saving jobs. We have done that in 2008 successfully. We also want to bring this matter of environmental rehabilitation to the fore because alone, if we do concurrent rehabilitation, we are able to correct the environment and create a lot of jobs. Thank you very much for raising this matter, I however think that ... [Interjection.]

 

Ms M O MOKAUSE: On a point of order Deputy Speaker, the Deputy Minister must not mislead us. [Interjection.]

 

The DEPUTY SPEAKER: No ... [Interjections.]

 

Ms M O MOKAUSE: ... There are many job losses in the mining sector ... [Interjection.]

 

The DEPUTY SPEAKER: Hon member, you are out of order. [Interjection]

 

Ms M O MOKAUSE: ... He stands here and grand stands. The Deputy Minister must stop that. [Interjection]

 

The DEPUTY SPEAKER: Hon member, this is the third time you do this. You are abusing the rules. I am not going to repeat this statement again. Hon Deputy Minister, your time is unfortunately over.

 

The MINISTER OF SCIENCE AND TECHNOLOGY: Deputy Speaker, I wanted to assure the hon member of IFP that the Minister of Basic Education and her department are committed to implementing the Inclusive Education Policy. They have made progress particularly concerning the Early Child Development schools, ECD, and the new built infrastructure. In that, attention has been given to the needs of children with disabilities. However, I would agree with her that more work needs to be done. I am not sure whether I would support the figures of human rights watch but clearly there is a challenge and it must be addressed. I think more particularly that we also need to work in our communities because I am aware many parents prefer to keep children who have disabilities at home and do not allow them to access education. They therefore do not take up the opportunity of children enjoying the right to education.

 

I believe as we expand implementation of the Inclusive Education Policy, we would address a diverse range of areas. The natures of the disabilities are so diverse that you are not immediately responsive. It’s not just the structure of the building, but also the form of disability that a child may have. We are not always able to respond to each of these. We are committed and have done a great deal in the first 21 years of freedom to address the suspect.

 

Secondly, I would agree that the future of South Africa is one that is bright. I speak from the perspective for example, of the recent agreement of the Square Kilometer Array Board that the initial price for the building of the global infrastructure of the radio telescope is set 650 million Euros, much of which will be invested in South Africa and the eight African partner countries. If we can put greater weight to innovation, research and development investment, we will indeed see growth in South Africa.

 

In addition, the strategies of improving our industrialization and enhancing manufacturing are all going to contribute to an improved job prospects in South Africa as well as greater growth.

 

DEFENCE LAWS REPEAL AND AMENDMENT BILL

 

(Second Reading debate)

 

The MINISTER OF DEFENCE AND MILITARY VETERANS: Deputy Speaker, hon members, ladies and gentlemen, I was told it is seven minutes. [Interjections.]

 

Mr M WATERS: [Inaudible.] ... It is two minutes.

 

The MINISTER OF DEFENCE AND MILITARY VETERANS: Khawuthule kaloku. Bathe ... [Shut up please. They said ...]

 

... it is seven minutes, is it true? What is happening is that I am talking to the Deputy Speaker. [Interjections.]

 

The Deputy Speaker: Hon member, your other two is at the end of the debate when you come back.

 

The MINISTER OF DEFENCE AND MILITARY VETERANS: Thank you.

 

The Deputy Speaker: Yes.

 

The MINISTER OF DEFENCE AND MILITARY VETERANS: In 2003, Cabinet approved that the Minister of Justice co-ordinates and mandates the South African Law Reform Commission to review a provision in the South African legislative framework that would result in discrimination as defined by section 9 of the Constitution.

 

In 2004, the commission’s mandate was further expanded upon by the inclusion of an investigation into statutory law revision which entails a revision of all statutes from 1910 to date. In essence, these processes were aimed at bringing the existing statues in line with the Constitution whilst at the same time cleansing our statute books of obsolete and redundant Acts.

 

The commission established that there are approximately 2 800 Acts on the statute book of which 41 are administered by the Department of Defence. The commission together with officials from my department identified Acts to repeal as contained in Schedules 1 and 2 of the Bill, it proposes the amendment of an Act administered by the department to bring it in line with section 9 of the Constitution.

 

The aim of the Bill is therefore straightforward as it proposes to repeal certain obsolete and redundant amendment Acts and such action warrants no further explanation. Today, however, I would like to focus on the repeal of the four time specific Acts by this Bill.

 

Renewed calls have lately been made for the integration of certain groupings into the South African National Defence Force, SANDF, and I believe it is important that today, we take a moment to reflect on the time specific nature of the integration process and revisit the past experiences to appreciate and understand where we are today.

 

The demobilisation and integration of nonstatutory forces from and into the SANDF was to take place within specific agreed timeframes which were reflected in the legislation governing these processes. The demobilisation and integration processes were therefore not open-ended but time specific.

 

At the defence force parade in April 1995 Madiba remarked as follows in relation to these processes and I quote:

 

The transformation of the defence force, involving integration and rationalisation, is on course. Once the integration exercise has been completed, the numerical strength will be greater than what the country needs. Rationalisation is inevitable. To reduce the force to a necessary and affordable level required thorough planning. This should be done without detriment to the ability of the defence force to fulfil its primary function. It should be done without undermining the principled objective of ensuring that the force reflects the make up of the South African society.

 

Rationalisation should be carried out in a humanitarian manner. Indispensable skills, expertise and experience will be retained and career prospects stabilised. Some of the reductions will be effected through retirements or normal conclusion of contracts.

It is against this background that the Demobilisation Act, Act 99 of 1996, was enacted to provide for the demobilisation of those members of the former nonstatutory forces who did not enter into appointment agreements with the SANDF.

 

Similarly, the Defence Special Tribunal Act, Act 81 of 1998, provided that the special tribunal established for adjudicating any labour disputes relating to the rationalisation and transition of the Department of Defence and Military Veterans would cease to have effect on 31 December 2001.

 

In May 2010, the North Gauteng High Court dismissed the application by the Khoisan Kingdom and All People’s Party. The applicant had brought an application with regard to the integration of its members into the SANDF. The court, in dismissing the application, observed as follows and I quote:

 

The matter essentially concerns and reveals, in my view, a pitiable situation of the people who made a historical, myopic and politically naïve choice of siding with the hitherto oppressive and apartheid regime, in its world condemned quest to resist democracy, both in Namibia and South Africa. It concerned the plight of a people who allowed themselves to be misused by their master in resisting the democratic winds of change in Southern Africa. It is a people who were funnelled as soldiers in the notorious Koevoet, through the Cape Corps, 21 Batallion, 1 SAI, 115 Battalion, 3 SAI and 32 Battalion and other units, coming particularly from the so called coloureds and (unfortunately) Khoisan.

 

The latter renowned for their tracking prowess, (were) misused in tracing freedom fighters who were infiltrated both in Namibia and South Africa. It is a people abandoned by their master, who had scant respect or regard for and was least bothered to secure them a place in the SA National Defence Force.

 

The Deputy Speaker: Hon Minister, your time has expired.

 

The MINISTER OF DEFENCE AND MILITARY VETERANS: Thank you very much. [Time expired.] [Applause.]

 

Mr M S MOTIMELE: Deputy Speaker, hon Minister, and hon members, from time to time, countries review their statute books, inter alia to ensure that its laws are still applicable and that it passes constitutional muster.

 

In South Africa, the SA Law Reform Commission undertook this task and listed several Acts that have either become obsolete, or redundant, or have clauses that are unconstitutional with a view to repeal or amend such Acts. The three Acts to be repealed by this Bill are the Demobilisation Act, Act 99 of 1996, the Defence Special Tribunal Act, Act 81 of 1998, and the Termination of Integration Intake Act, Act 44 of 2001. The SA Law Reform Commission, in conjunction with the Department of Defence and Military Veterans, identified the abovementioned three Acts and 13 Amendment Acts that had become obsolete and recommended that these should be repealed. Section 7(f) of the Castle Management Act has been found to be unconstitutional, and the commission recommended that it should be amended.

 

The Department of Defence and Military Veterans subsequently introduced and briefed the Portfolio Committee on Defence and Military Veterans on the Defence Laws Repeal and Amendment Bill on 11 March 2015. The portfolio committee called for public submissions on the Bill and received one which was generally in agreement with the amendment of the unconstitutional clause in the Castle Management Act, in the process eliminating the need for public hearings on the Bill. After receiving a briefing from the SA Law Reform Commission, the committee adopted the Bill without amendments on 2 September 2015.

 

The repeal and amendment of these Acts will not only further assist in cleaning up our statute book, but it will be in line with constitutional prescripts. In particular, it will assist in ensuring that the equality clause is respected and upheld and, in the process, assist in further deepening our democracy. The specific timeframe for which the Demobilisation Acts were purposefully promulgated has passed. They were enacted for circumstances to which those Acts applied. According to the Demobilisation Act, Act 99 of 1996, as amended, only former members of the Nonstatutory Force whose names appeared on certified personnel registers, CPRs, or personnel lists could be demobilised. The members whose names appear on the CPRs and who reported on or before 31 December 2002 for the last integration intake and who did not qualify to join the SA National Defence Force, SANDF, were demobilised in terms of a provision of the Demobilisation Amendment Act, Act 43 of 2001. A total of 9 809 demobilisation gratuities have been paid out, including 677 gratuities paid to dependants of deceased former Nonstatutory Force members.

 

The integration process of the Statutory Force members in all the services has been completed successfully, in accordance with sections 224 and 236 of the interim Constitution, Act 200 of 1993. In the case of these Statutory Force members, their integration from their previous force to the SANDF was conducted according to the then Public Service Commission’s translation measures. The pension audit of personnel files and records of these members were part of these measures. Members of the Ciskei defence force and former Transkei, Bophuthatswana and Venda defence force members have been admitted to the Government Employees Pension Fund and are contributing to the fund.

 

The procedures for the audit of these records were stipulated in the verification process and consisted of the audit of files and the written notification to members that they were integrated fully into the SANDF when their records were found to be in order. The SA Air Force completed the verification of all records on 31 October 1999 and the SA Navy on 31 October 2000. The SA Army and the SA Military Health Service completed the verification process of former SA Defence Force, SADF, and Transkei, Bophuthatswana, Venda and Ciskei members on 30 June 2001.

 

In terms of audit ranking, since late 2000, the government – and the Department of Defence and Military Veterans in particular – has been engaged in a process to identify former Nonstatutory Force members who may have been prejudiced during the first integration intakes at Wahlmanstall. A robust audit has been conducted by the Auditor-General to ensure that only genuine and properly motivated cases were reranked in accordance with departmental, financial and Department of Defence and Military Veterans human resources guidelines.

 

Coming up with legislation to address the past disintegrated forces had been a complex exercise. Furthermore, the integration of seven various former military forces, each of them having its own culture, traditions and military histories, into the SANDF, united in common allegiance to comply with the tasks our country’s Constitution require and admitting to a common culture and identity, proved to be a very complicated process. The Acts therefore exist for no purpose, as they served their objects.

 

The Portfolio Committee on Defence and Military Veterans therefore recommends that the Defence Laws Repeal and Amendment Bill be adopted without amendments. I thank you. [Applause.]

 

Mr S J F MARAIS: Deputy Speaker, as mentioned, the Bill in question arises out of work conducted by the SA Law Reform Commission under instruction of Cabinet.

 

This includes making recommendations as to the repeal or amendment of legislation which is either inconsistent with the Constitution, redundant or obsolete. My colleague hon Esau will deal with them in more detail.

 

Daar is ander aanpassings wat die Minister noodsaaklik ook moet oorweeg. Drastiese aanpassings moet eerstens aan die regering se beleid gemaak word, omdat beleid in wetgewing vervat word om so uiting daaraan te gee. (Translation of Afrikaans paragraph follows.)

 

[There are other changes the Minister necessarily also needs to consider. In the first instance drastic changes must be made to the government’s policy because policy is contained in legislation in order to give expression to what is being implied.]

 

Can our Defence Force execute its functions efficiently and effectively comparable with the best in terms of the needs and requirements we are faced with? We must be honest and unashamed to say no. As we speak, we are falling behind further.

 

Van die aanpassings wat nodig is, sluit die volgende in. Militêre geboue en terreine is in ’n patetiese toestand, hoofsaaklik omdat die Departement van Openbare Werke hiervoor verantwoordelik is. Hoewel die Weermagbegroting hiervoor voorsien, word dit onbevredigend hanteer en bestuur. (Translation of Afrikaans paragraph follows.)

 

[Some of the changes which are required include the following. Military buildings and terrains are in a pathetic state, mainly because it is the responsibility of the Department of Public Works. Although the budget of the Defence Force makes provision for this the handling and management thereof is unsatisfactory.]

 

The best example is 1 Military Hospital which is a shadow of its previous self, a hospital that used to be the pride of the Defence Force and the medical profession in South Africa. In the past, it had been the best facility where any president could have been treated for any condition, but today it can hardly provide basic services, let alone specialised services and operations. It is becoming critically important that Defence Force-related functions of the Department of Public Works be transferred to a “Defence Force Works” unit.

 

Secondly, a serious concern that has emerged lately, confirmed by the Minister, is the possible threat to, and breach of, our sovereignty and security when the executive is travelling abroad on luxury private jets. How is it possible that no-one cares to whom a private jet, to be used by the Deputy President, for example, belongs? It can belong to any person or persons with ulterior or self-centred motives that can pose serious threats to the safety of the executive and our nation. We require amendments to assure the disclosure of interests and high-alert vetting of all private aircraft to be used to secure the safety of the executive and the sovereignty of South Africa. We also need to know who will take responsibility for this because, currently, it seems like nobody is taking responsibility and everybody is passing the buck.

 

Thirdly, we quite evidently require urgent attention to regulate access to, and use of, Defence Force national strategic key points like the Waterkloof Air Force Base by private individuals and organisations like the African Union, AU, including heads of state, when visiting our shores even under the protection of the AU. Are we happy to surrender this base to even the AU in some cases?

 

Fourthly, it has become quite obvious also that there is an urgent need to address the availability as well as competency and qualification levels of Air Force commanding pilots to the VVIP and other strategic squadrons. The Air Force is also not in a position to protect our ocean economy and borders effectively or to respond to emergencies, especially at sea. It cannot be in the best interest of South Africa to have these squadrons hugely underbudgeted, understaffed, and basically dysfunctional. What happened to our world-class training facilities and having the best pilots in the world?

 

These national strategic assets must rescued as soon as possible – and not by the Cubans. We should be able to and be capable of doing this ourselves. Thank you. [Applause.]

 

Mr N S MATIASE: Deputy Speaker, our country comes from a very painful past, which allowed key organs of the state to play a very ... role in violently oppressing and suppressing the voice of the people and aspiration for freedom.

 

The SA Defence Force committed some of the most heinous atrocities against black people in this country which also was enabled by a series of legislative frameworks that have total onslaught against the former liberation movements.

 

The Defence Laws Appeal and Amendment Bill seeks to repeal the host of defence legislative that is now considered as obsolete, and to omit clauses considered unconstitutional in some of the laws. A serious matter of concern to us is that out of the 16 Schedule 1 laws that will be repealed; nine of them are apartheid era laws; one, even dating back to 1929. That these laws are still on our statute books, 21 years after the attainment of freedom is an indication of the extent of neglect that the ANC has on matters relating to freeing this country from the apartheid shackles.

Included also in the laws to be repealed is the Demobilisation Act of 1996, which provided for the demobilisation of former liberation movement’s soldiers who were not appointed or who refused appointments to the SA National Defence Force, and to ensure that those members and their dependants were paid allowances. Shamefully, this has not been the case for all those who sacrificed their youth for the liberation of our country.

 

We know of a number of former Azanian People's Liberation Army, Apla, and MK soldiers who live in squalor, who have never received a cent from the democratic government; the very same government that does all of these in its power to ensure that the safety and comfort of former apartheid soldiers is ensured. Some of the freedom fighters from Apla, soldiers specifically, are still in jail. One of them as we speak now, Kenny Motsamai, languishes in the jails of the democratic dispensation. Some of these freedom fighters are still in jail as we re-say. The question is why repeal such a law only now? ... until you have gone through all avenues to ensure that there isn’t a single liberation army soldier who still struggles to feed his family. The argument is the same for the Termination of Integration Intake of 2001. Special concession should have been made to extend these laws until the government has satisfied itself that all liberation army soldiers have been integrated into the Defence Force. This is indicative of a government that has forgotten where it comes from, a former liberation movement that embraces those who oppressed us before more than it should be defending and protecting its own. It is this lapse of memory that the South African government has decided to use soldiers for their state-sponsored xenophobic and xenophobia in the Operation Fiyela projects, where they target African people who are supposedly in the country illegally. This project criminalises the very same Africans who provided shelter for us during our dark days

 

Because the ANC leaders think we are a forgetting nation, they also use the army to fight illegal wars in defence of the business interest of the President Jacob Zuma’s nephew in the Central African Republic.

 

As we speak today, the SA National Defence force does not have enough pilots to ensure that the country is safe in cases of emergency. The delay therefore, in repealing these laws, is indicative of the rot and lack of leadership in that department.

 

For these reasons, we are reminded of the poet J R R. Tolkien, who observed that, is not all that glitters which is gold. And we also disagree with him. [Interjection.]

However, the EFF rejects the Defence Laws Repeal and Amendment Bill. Thank you very much. [Time expired.]

 

Mr M A MNCWANGO: Hon Chairperson, the SA Law Reform Commission recommended the repeal of the defence laws it considered to be redundant, and the amendment of those inconsistent with the Constitution’s equality clause. The Defence Laws Repeal and Amendment Bill, therefore, seek to repeal 16 defence laws and proposes an amendment to the Castle Management Act of 1993.

 

There is one of the 16 however; that we feel should not be repealed but rather be amended, that is the Termination of Integration Intake Act of 2001. Integration has not yet been fully completed and we feel ... we still find many soldiers who contributed greatly to the freedom we now so easily take for granted in South Africa, who have to be accommodated into the standing defence force of this country. Many members of the former self protection units for instance, and the self defence units find themselves being left out in the cold, languishing in a country that no longer values or recognises the great sacrifices and contributions they made during the struggle for our freedom and democracy. This is not the way we should be repaying those valiant comrades; the matter of integration should be kept open until all have been accommodated into our Defence Forces. Let us not turn our backs on them.

 

Another matter which also behoves our urgent attention is that of the repeal of the Demobilisation Act of 1996. Twenty one years after democracy we still find the armed wing of the ANC, uMkhonto weSizwe, being publicly paraded around by the ruling party as if it’s a private army. This is both reckless and irresponsible act by the ruling party. Public parades of this nature by a pseudo-military force outside of government, but yet with government sanctions, are breeding ground for lawlessness and criminality. The MK was demobilised together with all other non-statutory forces and it has now an able successor in the SA National Defence Force. It must be publicly demobilised and the ruling party’s full weight thrown behind the SA National Defence Force. As we have no enemies on our borders, our military’s role first and foremost, becomes that of peace-keeping ... though it must be the protection of the Constitution and the rule of law. One legitimate Defence Force is all what South Africa requires.

 

I thank you.

 

Prof N M KHUBISA: House Chairperson, hon members, the Bill before us today recommends that the laws listed be repealed and Castle Management Act of 1993 be amended. The SA Law Reform Commission has been mandated with the task of revising our statutes and make suggestions regarding the laws which are in conflict with our Constitution, as well as the laws which are redundant and obsolete.

 

The cluster of defence laws listed in the report, fall squarely within the category of redundant and obsolete laws and serve no further purpose. The majority of these laws were enacted on an ad hoc basis to serve a very particular function within a particular time frame, all of which has since lapsed. Hence, the NFP is in support of the repeal of these laws.

 

The repealing of such obsolete laws awakens this House to the fact that there are many of these laws that are outdated and serve to discriminate rather than to unite our people across racial, gender, colour or creed lines. Such laws should either be repealed or amended, and do not deserve a space in our statute books. Many of these laws deny our people opportunities that they qualify for.

 

The NFP welcomes the amendment of the Castle Management Act, Act 207 of 1993, which place a prohibition on the retention of any person above the age of 70 years on the Castle’s Board. Such a prohibition is manifestly in violation of the country’s Constitution which prohibits discrimination on any of the listed grounds in section 9, which includes age and no racial limitation applies in terms of section 36.

 

I thank you.

 

Dr P J GROENEWALD: Voorsitter, ek wil begin om te sê die VF Plus ondersteun hierdie wysigingswetsontwerp. Ons sê dit is ’n tipiese vrugteslaai-wysigingswetsontwerp: dit vat ’n stukkie hier van hierdie wet en daardie wet en dan wysig hy hom. So, dit is nie ’n probleem nie, maar siende dat daar gekyk word dat dit ooreenstemmend is met die Grondwet, wil ek die volgende vir die agb Minister sê.

 

Minister, u gaan nou rond, en u doen ’n beroep op witmense om asseblief aan te sluit by die Weermag, maar u Adjunkminister kom en hy sê daar is ’n intelligensie-ondersoek in ’n gevorderde stadium na oudsoldate van die voormalige SA Weermag wat tans veg teen Boko Haram, en dan sê hy want ons het daardie kundigheid nodig in Suid-Afrika. Nou hoe skynheilig kan ’n mens wees? Dit is hierdie ANC regering wat deur sy beleid van transformasie en regstellende aksie in 2004 ’n total van 77 kolonels basies afgedank het, waarvan 76 wit kolonels was. In 2006 word die offisiersvormingskursus by die Leër Gevegskool beskikbaar gestel – en dit staan op skrif – slegs vir swartes, bruines, en Indiërs.

 

Agb Minister, as u dink u gaan witmense na die Weermag toe wil lok, maar dan vir hulle sê dat hulle nie eintlik op ’n offisierskursus kan gaan nie, want ons moet transformasie toepas, ons moet regstellende aksie toepas, wil ek vir u sê, mislei u uself om te dink dat mense dan by die SA Nasionale Weermag sal aansluit. As die regering regtig wil wysigings aanbring in terme van verdediging en ook in terme van die belang van hierdie land, sal u die Grondwet wysig om weg te doen met regstellende aksie. Dit is eintlik niks anders ’n rassistiese, diskriminerende wet wat die beste potensiaal van Suid-Afrika nie wil gebruik nie.

 

’n Sprekende voorbeeld is die Weermag – hulle het die kundigheid. Suid-Afrika is gewikkeld in operasies in Afrika, maar dit is hierdie kundigheid wat die sukses behaal teen Boko Haram. Ek wil vir die ANC regering sê, agb Minister, moenie die ondersoek doen as mense goeie werk doen nie. Bedank hul eerder en sê vir hulle dankie dat hulle sukses het teen Boko Haram om vrede in Afrika te vestig. Ek dank u. (Translation of Afrikaans speech follows.)

[Dr P J GROENEWALD: Chairperson, I want to start by saying that the FF Plus supports this amendment bill. We refer to it as a typical fruit salad amendment bill: it takes a bit of this act and that act and then amends it. So it is not a problem, but since it is seen to that it is in line with the Constitution, I want to say the following to the hon Minister.

 

Minister, you are going around and calling on white people to please join the Army, but your Deputy Minister says that there is an intelligence investigation in an advanced stage into former soldiers of the SA Defence Force currently fighting against Boko Haram, and then he says we need that expertise in South Africa. How hypocritical can one be? It is this ANC government that fired a total of 77 colonels in 2004 through its policy on transformation and affirmative action, of which 76 were white colonels. The training course for officers was introduced at the Army Battle School - and this is in writing - only for black people, brown people and Indians.

 

Hon Minister, if you think you are going to attract white people to the army, and then tell them that they cannot really go on a training course for officers, because you have to implement transformation, we must implement affirmative action, then I want to say to you that you will be misleading yourself if you think that people will join the SA Defence Force. If Government really wants to make amendments in terms of defence and also in terms of the interests of this country, then you will amend the Constitution to do away with affirmative action. It is actually nothing else but a racist, discriminatory law that does not want to use South Africa’s best potential.

 

A case in point is the Army - they have the expertise. South Africa is involved in operations in Africa, but it is this expertise that is achieving success against Boko Haram. I want to say to the ANC government, hon Minister, do not investigate the people if they are doing good work. Instead, thank them for achieving success against Boko Haram and to establish peace in Africa. I thank you.]

 

Ms D CARTER: Chairperson, the amendment we are considering today arises from the recommendations of the SA Law Reform Commission. Cope consistently supports any repeal or amendment of laws that are inconsistent with the equality clause in the Constitution. That much we owe to the people of South Africa. We support reducing the size of the statute book, the mordenisation of statutes and the simplification of statutes.

 

In 1996 this Parliament began a process to simplify our laws; regrettably that process did not go very far. Simplifying the law and reducing the size of the statute book must become a major ambition of our Parliament. We must remove and bury laws that are dead or dying and only keep alive necessary laws in our statute books. Too much law is as useless as too little law. The commission recently identified laws pertaining to military veterans that are now clearly obsolete and therefore need to be repealed.

 

Cope has looked at the 12 Acts that needs to be amended and some of these Acts date back to 1929 and have no present use. We agree that they should be repealed. The Bill seeks to amend section 7 of the Castle Management Act as already covered by my colleagues and section 7(f). The Bill discriminates clearly against people who are 70 years and older. It implies that persons who 70 years of age are incapable of dealing with functions and duties of the castles board. As section 9 of our Constitution does not permit such discrimination and as it is inconsistent with the Constitution we agree that it must go. It is important for us to recognise that we live in an open and democratic society based on human dignity, equality and freedom. Our laws must therefore reflect and protect these values.

 

Cope congratulates the SA Law Reform Commission for its diligence. We ask that the commission to do what gardeners have been doing for the last few months—extensive pruning of overgrowth. Our statute book is indeed too big and even as we keep adding new laws, the commission must suggest what we should prune and what we should take out. We urge Parliament to seek to take out laws that are not serving any purpose. We have too many laws and many of them are choking business and stifling economic growth, fewer and better laws will promote the rule and respect for law. Thank you.

 

Adv B T BONGO: Hon Chair, hon Ministers, hon Deputy Ministers, hon Members of Parliament and fellow South Africans. The father of the Cuban nationalism revolutionary, a fierce opponent of imperialism, an advocate of justice and equality, Jose Marti, once said that “liberty is a right of every man to be honest, to think and to speak without hypocrisy”. Hon members, we are before this House in regard to this Bill for one reason.

 

The ANC post-1994 was faced with serious unique challenges having to integrate statutory and nonstatutory forces for a cohesive democratic dispensation. This has seen a successful integration of what we call the SA National Defense Force and this did not come with challenges. The reason why we are before this House is to deal with laws that were created as ad hoc laws, that is, laws that in legal terms are abrogated by disuse and are obsolete so that we are able to create new laws. The matter before us should not be confused with the court case that the Khoisan self defence unit took to court because the court was very clear that issues of disintegration are things that are over and done with. However, the court has said that the Minister may need to have meaningful engagement with the Khoisan self defence unit with a progressive realisation of trying to check what can be done for that particular community and other communities that are affected.

 

Hon Chair, section 8 of the Defence Special Tribunal Act states that that law was supposed to come to an end on 31 December 2001. Coming to Parliament is just to fulfill a legislative process which is a logical step towards ensuring that we do away with those laws that are no longer in use in our current dispensation. Hon Chair, we will and we have agreed as a committee that we will have meaningful engagements as the court has requested us to do in looking at those special cases that may be there. Thank you. [Applause.]

 

Mr S ESAU: Hon Chair, I would like to firstly point out that the DA concurs with the amendments, the Repeal and the Amendment Bill, and has no objection to the issues of obsoleteness and of course being unnecessary ... [Inaudible.] ... being spent and these laws. So, we concur with that.

 

The issue I would like to discuss briefly with the House is the one that refers to the court case as mentioned by the hon Minister in the Khoisan Kingdom and All People’s Party versus the Minister of Defence, Case No 41202 of 2010 in which 14 500 names have been attached to that application, representing soldiers that were left out. These soldiers came from . . . [Inaudible.] mentioned by the Minister by Kofod, the SCC battalion 2132 and 115 and SAI 1 and SAI 3 and other units.

 

Now, these individuals as we know that SA Cape Corps, SACC, was disbanded in 1992. That was done intentionally by the SA Defence Force. These individuals were left out of the whole integration process, When the laws of Demobilisation and also the Termination of Integration Intake Act, both these Acts referred only to non-statutory forces.

 

These individuals were employed by the SA Defence Force, SADF, and they were not non-statutory, they were statutory, which means that they have Certified Personnel Register, CPR, with all documentation and everything in place. However, they were totally neglected. A few individuals may have been incorporated and integrated, but concerning the Act, there had to be formations that had to be integrated.

 

If we look at the judgment itself and appreciate, it was based on the Demobilisation Act, Termination of Integration Intake Act, both of these have come and expired and therefore, there was no legal framework for the judge to make a decision in favour of this organisation, the party and neither to grant them or urge or force the Minister to have an audience with them.

 

If that was the case, there was also a meeting with the SACC in which Major General Modise of the Mkhonto we Sizwe, MK, and Dr Mokgoba of the PAC on 2 October 2001, and this is written in the founding affidavit, where they commented and they say, they were dealing with a pathetic case of apartheid and this issue must somehow be faced. If the Cape Corps were really part of the SADF, then they have a case in saying, they were left out.

 

I think this is also because of the nature of the case and what has happened. The Minister admits the respondent. It says here, in the court document in the judgment, according to the respondent, a legislative intervention to address the plight of the applicant’s members, 14 500 members would require both Parliament and executive to be involved. To deal with this historical injustice, the then judge Mavundla quotes the Preamble of South Africa and says:

 

We, the people of South Africa, believe that South Africa belongs to all who live in it, united in diversity. We therefore heal the divisions of the past and establish a society based on democratic values , social justice and fundamental human rights.

 

He ends it by saying:

 

I am of the view that in line with the ethos reflected in the Preamble of the Constitution, the respondent should take the responsibility of addressing the concerns of the applicant’s left out members without the court obliging to do so.

 

We ask the Minister, have you met with those individuals and address them since 2010, since the court case in 2012, and we now in 2015? Thank you very much. [Applause.]

 

Mr M S BOOI: Hon members, Minister and Deputy Ministers, I thought that we are on par and we do understand the issues, but sometimes we get disappointed when members don’t come across as reflecting what is exactly stated and what is exactly expected of an hon member when we deal with constitutional matters.

 

This is not a matter that says, what do you do with repeal, but it goes to say that there is some consistency in upholding the Constitution and how we reflect and we would love to see it that Parliament in itself as an institution is able to uphold that law and is able to cooperate and work along with what it being expected of Parliament to do.

 

I do expect some of the issues that are being raised, that sometimes they don’t come and be within what is being raised. I am very sure, hon Esau, myself and yourself who have dealt extensively with these issues that they are raising, that it’s not an obligation that is far more pushed towards the Ministry. It’s the responsibility that we supposed to have taken, and quietly ... [Interjections] Yes, is fine, it’s your problem, and not mine.

 

What we are saying is that at the end of the day, after we have said that this issue is on top of the table, I and all other hon members that had been here for a long time in the Defence Committee. We clearly said that what happened to this section of the Cape Corps? You should be able to admit. We have always explained it within the committee that it’s not an obligation that is being pushed towards Parliament.

 

It has always been said that in the history of the problem, the SA Defence Force, SADF, abandoned the Cape Corps during negotiations. It’s not us. We kept on saying who will represent them? Who will come to them because we came through institutions to register ourselves? It can’t be pushed.

 

What we are saying is that even what the judge said, quiet clearly, there is no other person that represents the Cape Corps and that could be able to mobilise and assist the Cape Corps to be able to put forward the credentials. You know for a matter of fact, somebody must be able to see to the data centre, these are the people and this is where ... If the SADF abandoned them, who will come up and say to us this information is correct. This is the information that we should be able to incorporate and this is how we should be able to take cognisance of this people.

 

So, it’s a problem of the SADF and the ingenuity of those who have apartheid leaders. It’s not of our own creation to say that as a country, yes, we respect and we uphold the Constitution and this is what we are doing, and that is why we are able to say this is how we have dealt with the issues of demobilisation, but it become very unfair to shift that responsibility. For the past 10 years we have been saying that bring and show us how do we ensure that these individuals are incorporated, because in the negotiations table, they were represented by SADF, and the same SADF kicked them out.

 

Correctly so, hon Marais, we do hear what you are saying about the Air Force and we do ... It’s a collective thing that we all see as the Portfolio Committee on Defence. We should be able to do something with regard to the Air Force. We should apply our mind, that’s why we have been able to push the Defence Review. Until we get that Defence Review that could be able to make it possible for the Defence Force to have resources as a team that works under the Defence Force. I respect all of you for not showing partisanship towards the Defence Force. That is highly recommendable. That’s what we should always be doing. The way we apply our mind with regard to ensuring that the resources that are confronting the Defence Force and how do we help them is our collective wisdom. We will be able to appeal to National Treasury to reincorporate and help us to assist the Defence Force, so that the implementation of the Defence Review is what is going to cover some of the concerns that we all concerned about.

 

That spirit within the committee is what will always talk to all of us and is what I really welcome since you have also been part of the Defence Committee. The spirit that we should make it possible that the Defence Force is capacitated and that we are helped as a collective and speak to the Treasury to be able to get that processes to be finished.

 

As long as we have not been able to finalise how we deal with the Defence Review, which we have dealt with, we have shifted it over to the executive with an expectation that the executive should be able to do that.

 

I must say hon Mncwango that the challenges have always been that of dealing with the Special Protection Unit, SPU. We have never been ignorant as Members of Parliament of how we deal with that. You know I have spoken you at a personal level. We have spoken to each other, and we have been trying to develop mechanisms of how do we deal with the issue of the SPU.

 

Nobody in this government has ever said it. Even in approaching the President they wouldn’t be ignored but they have not done so. How do we regulate that relationship with the institution or with those that are in the Defence Force. The fact that they have been able to go into the negotiations and met during integration make it possible for the various parties.

 

So, if we have missed it there, what regulations are in place that we could be able to facilitate that could make it possible for us to reintegrate them through the law processes, so that we don’t undermine the Constitution, we don’t undermine the law, and that we find ways to make these things possible for the Defence Force. It goes along with how much fiscus we want to spend in that environment and how do we ensure that all South Africans are integrated.

 

I am definitely sure that, even the members of Azanian People’s Liberation Army, Apla, are quite conscious that is not us who does the vetting. We are Members of Parliament. The vetting was supposed to have been done at the integration centre so as to approve members who are supposed to enter into the Defence Force. If you have missed it my brother in the EFF, that’s how a process unfolds. It’s not something that you can just do but duty bound.

 

This government is committed and has always been able to make it possible. What we are saying is that Defence Force members were supposed to have gone there to be integrated. And through that process, it would have been possible for them to have been vetted. Whatever the criticism from the PAC, they should have followed those processes.

 

We are trying to deal with them even now, as we are dealing with the issues of the Department of Military Veterans, DMV, that who is he that we are talking about? It’s not upon anyone of us. What we are saying, what we have been able to do together as a collective within the Defence Force has been to set up the regulations for how do we regulate the relationship and the people that are supposed to be integrated and those that are left out.

 

If there was something that says the PAC or Apla here are the issues in terms of the law. We have heard them in the committee, many a times. They have never been able to say to us that these are the types of regulation that have taken place or these are the types of regulation that you could work with to reintegrate the members that have been left out.

 

Now, to continue to say that there is no leadership, there is no one who can apply his mind is full of fallacy and ignorant of how the system is beginning to work. Working on the fact that you would love to accuse the ANC without being able to use the strength that you have as a Member of Parliament, that when you sit in a parliamentary committee you need to be able to do. The Portfolio Committee on Defence sit down and reflect if there is a regulation or the law that could improve this particular relationship. We always take up that challenge and says, we are open minded within the committee, apply your mind, give some suggestions, so that we could be able to take these matters forward.

 

There are stagnant there. From where we sit, we have always thought and are always thinking that the laws and the rules that we on how we regulate the Defence Force as the parliamentary committee has been to the best of every South African. That’s why we are quiet confident. That’s why we are able to say we are demobilising because there is no challenge, there is no legality for us to be able to continuously sustain this particular approach because the Defence Force has become a very stable organisation. I thank you, Chairperson.

 

The MINISTER OF DEFENCE AND MILITARY VETERANS: Thank you very much, Chairperson and thanks to all those who have participated in the debate. I will just start with the matter raised by hon Marais on 1 Military Hospital. You re very correct, but I am sure that you are also aware of a report which I presented during the debate of Budget Votes, where we indicated that we have now a Memorandum of Understanding with the Department of Public Works for the purposes of taking over the work of renovations at 1 Military Hospital.

 

As I am talking now, indeed, it is the Defence Force Works Formation, which is dealing with 1 Military. That is why there is, in fact, progress. Yes, I agree with you that there have been enormous challenges. But the point is, we have now taken over and they are dealing with that matter.

 

Just to refer also back to the matter of rejuvenation of the Defence Force, it was mentioned that there is a need now to start talking about rejuvenation. I thought that we all understand that. In fact, milestone 1 of the Defence Review Report talks to that matter of rejuvenation of the SA National Defence Force but not only that it talks to arrest the decline of the capabilities of the SA National Defence Force. Part of that which we are trying to do on the matter, we’ve raised of aircrafts. Yes, indeed, I can confirm here today that we are buying aircrafts. We are buying a VVIP aircraft. You’ve also mentioned the fact that there is no vetting process of aircrafts but, actually, there is a vetting process. This was done through a RT61 contract together with National Treasury and the Vetting of companies which are listed was done together with National Treasury then. So, what you have here is a company which is part of many other companies that are listed in that RT61 contract. Thank you very much.

 

I wanted to say something on the boko haram, hon ... [Interjections] ... I think; we need to take note of the fact that we do have that Regulation Foreign Military Assistance Act, Act 15 of 1998 which we passed. It talks to an issue of preventing people from becoming mercenaries and go all over the continent doing things without the necessary authorisation in the countries of origin including South Africa. So, I don’t think, we should encourage people to become mercenaries. We should rather encourage Africa to engage on utilising the resources which it has. I think if that was an approach, I would definitely agree with you, but I certainly don’t agree with people who are going all out and who are mercenaries in the name of dealing with terrorism. We must condemn terrorism. Thank you. [Applause.]

 

The HOUSE CHAIRPERSON: (Ms M G BOROTO): Order, hon members! Are the any objections to the Bill being read the second time? No objections, agreed to. The Bill will be sent to the NCOP ... [Interjections.] Sorry, let me allow the secretary to read the Bill a second time. Thank you very much. The Bill will be sent to the NCOP for concurrence. Order!

 

Mr N S MATIASE: House Chairperson, I have thought that you would not only invite those who second the Bill, but also to check for those who object. [Interjections.] Nonetheless, the EFF registers its objection.

 

THE ONGOING SCOURGE OF CORRUPTION IN SOUTH AFRICA AND MEASURES TO COMBAT THIS

 

(Subject for Discussion)

 

Ms P T VAN DAMME: Thank you, hon Chairperson. In July this year the DA visited Ensingweni Primary School near Nkandla. On what was a day of heavy rainfall in the middle of winter, we found learners being taught in classrooms with leaking roofs, broken windows and no doors. In some classrooms, learners sat shivering while reciting the times table, and in others, they huddled in a corner to prevent the rain from soaking their notebooks.

 

The principal told us that he had been appealing for funding for renovations from the KwaZulu-Natal Department of Basic Education. None had been forthcoming, despite repeated promises. It is no wonder that their requests fell on deaf ears because; last year the department had overspent its budget by a staggering R2,6 billion.

 

The over-expenditure was not because of accelerated spending on education. But because the department had unlawfully awarded tenders to politically connected service providers which it then paid twice for a single service. I tell of the sad tale of Ensingweni Primary to demonstrate to the ANC and this House that corruption is not a victimless crime.

 

The learners, and teachers at Ensingweni Primary School who were effectively forced to learn and teach outside in rain in the middle of winter, are the victims of KwaZulu-Natal Department of Education’s tender fraud and corruption. The DA stands in support of all South Africans who have chosen to take a stand against corruption.

 

We stand in support of all the hardworking, freedom-loving people of our country who want to work hard and play by the rules. To these people we say, we understand how corruption makes your lives difficult; and how corruption steals from your families.

We understand the frustration that comes with waking up everyone morning to go work, while others simply choose to steal from the public purse. We understand how difficult it is to see the North West Provincial Government stealing R9 billion to pay 36 000 ghost employees, while you struggle to find one job. We understand how difficult it must be, not to have access to running water, while the Ventersdorp Local Municipality cannot account for how 95% of the water it purchased disappeared.

 

Sikhala kunye nani. (We are with you in mourning this.) It does certainly seem hopeless at times. But, there is hope. Hope for the future where public money is spent for the benefit of all the people, not the connected few. A future where public sector corruption is tackled, making government act honestly, transparently and in the best interests of all South Africans.

 

The DA is the only political party which is capable of doing this. Our anti-corruption policies have been tried, tested and delivered where we govern. We cleaned up the rot left by the ANC in the 27 municipalities we govern, and we can do so for all municipalities around the country. We cleaned up the rot left by the ANC in the Western Cape government, and can do so for all the other provinces.

 

For the Doubtful Donna’s on my left, let me remind you the Western Cape story and the Cape Town story. In 2006, a DA-led coalition in the City of Cape Town took over from the ANC. The new administration inherited a hot mess of a city. Service delivery was poor, infrastructure deteriorating and corruption rife. Under the ANC, the municipal tender system had been rigged to become a personal piggybank for well-connected individuals and ANC loyalists.

 

The DA started by overhauling the city administrative systems, appointing the right people in the right places and re-prioritising expenditure. To reduce corruption, the DA made the City of Cape Town’s procurement system fair, equitable, transparent, competitive, cost-effective and in accordance with the Constitution.

 

Today, in addition to advertising tenders in the press, the city maintains a supplier database where suppliers are able to register for free. When the Bid Adjudication Committee meets to adjudicate tenders, the meetings are open to the public. The City of Cape Town is the only municipality in South Africa that does this.

 

To prevent staff from being involved in corrupt-activities, all new employees in the City of Cape Town receive ethics training at the inductions. Because of these, and other efforts, the City of Cape Town has received 11 consecutive unqualified audits, and was the only Metro in South Africa last year to receive a clean audit. [Applause.]

 

In the Western Cape provincial administration, the same story can be told. In the ANC’s last year in office, not one of the government’s 13 departments received a clean audit. In the DA’s first year in office, seven departments achieved clean audits. This year, the Western Cape government delivered an unprecedented achievement in the history of South Africa’s democracy; it achieved 12 clean audits out of 13 departments. 100% of the audits were unqualified. [Applause.]

 

Achieving a Clean Audit is not child’s play. So committed is the Western Cape to clean governance that it went searching for seven missing library books. Fortunately, five we found. The benefit of a clean audit does not mean that mean that the government practices sound financial management, but also that money is spent on important services such education and health; and attracting investment to stimulate economic growth and job creation.

That is why in the Western Cape today, despite a 46% increase in population growth, the province has the highest access to basic services and lowest unemployment rate in South Africa. Don’t be jealous. [Applause.] The Western Cape story and the Cape Town story are indications that good governance and excellent service delivery is possible. It just requires the right government; and that right government is not the ANC but the DA. Thank you. [Applause.

 

Ms B P MABE: Hon House Chair, throughout the 103 years of its existence the ANC has always embodied and aspired to the highest morality and values of South African society. [Interjections.] Together with other forces of the liberation movement such as Cosatu ...

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Order hon members, order!

 

Ms B P MABE: ... the PAC, the Azanian People’s Organisation, Azapo, the SA Council of Churches, SACC, and the United Democratic Front, UDF, it defeated apartheid by taking South Africa out of the system of minority rule which thrived on corruption, into a democratic system that is based on high ethical values.

 

In its 49th conference in Mangaung in 1994, the ANC prepared a process that led to the drawing up and adoption of the democratic Constitution in 1996.

 

The 50th conference in Mahikeng in 1997 embraced the Constitution as the supreme law of the country. The ANC committed itself to the fundamental provisions of the basic law of the land, which accords with its own vision of a democratic and just society. The strategy and tactics also indicate that the apartheid state’s practices, which were illegal and illegitimate, eroded the moral fibre of South African society.

 

The state relied more and more on criminal actions to show up its fortunes and in the process it pulled the rest of society into a maelstrom of corruption and crime. As such, apartheid political and economic relations were not only a break on the development of the economy but it was also an albatross on the moral sensibilities of society. Therefore it was not going to be easy to deal with corruption.

 

The Constitution amongst other institutions, established the Public Protector and the Public Service Commission, PSC, to investigate and to report to Parliament on malpractices and maladministration in the public administration and Public Service respectively, thus contributing to the prevention of corruption.

 

The 50th ANC conference adopted two important resolutions, on accountability and on corruption. With regard to accountability for performance within the Public Service, the conference resolved that measures be put in place within the Public Service which ensures that fraud, corruption and misconduct can be dealt with promptly, and that such acts must be punished urgently, appropriately and through disciplinary procedures.

 

Corruption may be understood to be the abuse of power for illegitimate and illegal gain of profit, whether it is exercised in the private or public domains. Corruption leads to losses in efficiency and opportunity, and to increased production costs. Hence, it adversely affects development and as a consequence results in poverty becoming more prevalent. There are alarmingly high levels of corruption in the private sector. Corruption undermines the objectives of the national democratic revolution.

 

We are aware of the political opportunism of the enemies of the ANC in defining all mismanagement as corruption. Therefore it is also important for our enemies to be able to differentiate between corruption and maladministration. The ANC-led government inherited institutions with an ethos of corruption and personnel engaged in corrupt practices functioning within a society lacking in morality. They should also be reminded that it is the 50th conference of the ANC that resolved on a nationwide anticorruption campaign, including the media campaign. The opposition should not prevail as if they are champions of fighting corruption. The elimination of corruption was placed high on the agenda of the ANC during the 50th conference.

 

We have introduced legislation and regulations aimed at preventing corruption – the Prevention of Organised Crime Act, money laundering and criminal gang activities. For its reference please refer to the Malema case which can be used as a practical example.

 

The Prevention and Combatting of Corrupt Activities Act strengthens measures to prevent and combat corruption and corrupt activities; to provide for ...

 

Mr N S MATIASE: House Chair, I rise on a point of order.

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon Mabe, please take your seat. Yes, hon Matiase?

 

Mr N S MATIASE: Can the hon member take her seat please? Now ...

 

The HOUSE CHAIRPERSON (Ms M G Boroto): What is your point of order?

 

Mr N S MATIASE: My point of order is that the hon member knows that there is not a single case that the president of the EFF faces in the courts. She is being frivolous in mentioning his name, and even to allege that he is facing some serious corruption charges. We ask her to withdraw that remark.

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Okay hon member. I didn’t hear hon Mabe say that he is facing serious corruption charges but if she has said that I will check it. However, I didn’t hear her say that. [Interjections.] Hon members, I will come back to that. Continue hon member.

 

Ms H O MAXON: Hon House Chair, I’m rising on a point of order.

 

Ms B P MABE: The National Anticorruption Forum ...

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon Mabe, take your seat. Hon Maxon?

 

Ms H O MAXON: The procedure is that you must first check with the member.

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon member that is not the procedure.

 

Ms H O MAXON: Chair, I’m teaching you the procedure. {Interjections.]

 

The HOUSE CHAIRPERSON (Ms M G Boroto): No, no, no.

 

Ms H O MAXON: We raised a point of order as she said that here, and you are listening. The procedure is that you must first check with her. If she denies it you must check Hansard. That is a simple procedure, Chair; otherwise you are biased, as always.

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon member that is not the procedure but I promise I will check Hansard. Continue hon member.

 

Ms B P MABE: The National Anticorruption Forum mobilises the broader South African society against fraud and corruption. The National Anticorruption Hotline, NACH, which is now managed by the PSC, has been hard at work to encourage the public to blow the whistle against corruption. The NACH is an important public participation mechanism to report cases of alleged corruption. Cases received from NACH are forwarded to departments, both national and provincial. Departmental agencies and bodies are required to investigate the cases and provide feedback to the PSC. The successful investigation of cases of all alleged corrupt activities reported to the NACH has since its inception in 2004 resulted in the recovery of R333 million from perpetrators and various departments. As a result, more than 3 586 employees were found guilty of misconduct.

 

The Financial Disclosure Framework requires that senior management service members display a high standard of professional ethics by declaring their financial interests. It also checks whether those senior management service members don’t favour their companies in the procurement of goods and services for their departments. The level of compliance has been increased from 47% to 85%.

 

Financial misconduct requires departments to report on finalised financial misconduct cases to the executive authority, the PSC and the Department of Public Service and Administration, DPSA. The total number of finalised financial misconduct cases has decreased to 10 483. We appreciate the work done by the PSC and we also recommend that their recommendations should be implemented.

 

Corrupt individuals are found everywhere, and they are few but manipulative. Knowing that they are doing wrong things, they hide behind powerful structures such as the DA, EFF, IFP, churches, business and everywhere else. [Interjections.] Wherever they are, they must be defeated. They know how to use money to manipulate the majority and out of these manipulative acts they increase their wealth whilst impoverishing the majority. As the representatives of the people, irrespective of our political parties, it is our responsibility to ensure that institutions established by our progressive Constitution to fight and prevent corruption, such as the Public Protector and the PSC, are strengthened and supported.

 

Hon Mmusi Maimane, in your 100 days of leadership we have experienced that your research unit has not empowered ...

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon Mabe, please take your seat. Hon Waters?

 

Mr M WATERS: Chairperson, may I address you?

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Yes, hon Waters.

 

Mr M WATERS: The hon member speaking referred to the hon member of the opposition as Mmusi Maimane. She did not say hon, and we refer to members in this House as hon. Thank you.

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon member, would you please refer to every member of this House as hon.

 

Ms B P MABE: Hon Mmusi Maimane, in your 100 days of leadership we have experienced that your research unit has not empowered you with facts at all. Instead, they have set you up for failure and ill-advised you, and as a result you are always embarrassed with the motions that you sponsor in this House. If you are really in charge, if you have the authority and you are their leader, fire all of them. [Laughter.]

 

Together we shall defeat this evil called corruption. Corruption undermines the vision enshrined in the Constitution; the vision of building a South African society which is united, democratic, nonracial, nonsexist and prosperous. Thank you. [Applause.]

 

Mrs M O MOKAUSE: At least the ANC is acknowledging that the EFF is a powerful organisation in these chambers. [Interjections.] Hon House Chair, on 12 January 2009, the Supreme Court of Appeal delivered a judgement in the case of National Director of Public Prosecutions v Mr Zuma, case no. 573/08, where it upheld an appeal by the Public Prosecutor against the judgement by Judge Nicholson whereby he had set aside the indictment of Mr Zuma on 18 main counts of racketeering, corruption, money laundering, tax evasion and fraud. In effect the judgement on appeal meant that the prosecution of Zuma must proceed. That was in January 2009 before Mr Zuma took office. He achieved nothing since he joined Parliament and the Union Buildings. He has broken down all law enforcement processes from the SA Revenue Services, Sars, the Hawks, SA Police Services and the National Prosecuting Authority, NPA to avoid his day in court. [Interjections.]

 

Unlike the Commander-in-Chief, president Julius Malema who appeared before Judge Billy Mothle and the case was struck off the roll. This meant that the commander-in-chief and the future president of the country was set to go free. [Interjections.] Mr Zuma will forever run away from court and he has Parliament to defend his corruption. [Interjections.]

 

Immediately after Moses Phakoe and Alfred Motsi in the North West took evidence to Jacob Zuma in Nkandla with clear evidence showing that the former mayor of Rustenburg was selling municipal land and vehicles and was stealing everything; Moses Phakoe was murdered in front of his house by his own comrades in the ANC, defending corruption. [Interjections.] The former speaker of Mbombela Municipality, Jimmy Mohlala, was assassinated by his comrades in the ANC because of blowing the whistle on the R1,2 billion Mbombela Stadium tender. [Interjections.] Today we are still waiting on the Hawks to tell us how corrupt the Gold Fields mine BEE deal is, which involves the Speaker of this Parliament, Ms Baleka Mbete and Mr Zuma’s representative ... [Interjections.]

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon Mokause, thank you. [Interjections.] Please take your seat. Order, hon members! Order! Yes, hon Bongo?

 

Adv B T BONGO: On a point of order, Chair. The hon member is heard saying that the former speaker of Mbombela was assassinated. [Interjections.] There is no report from the courts whatsoever that suggests what she is alleging. Can I request her to withdraw that ...  [Interjections.]

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Thank you hon member. Please let’s not delay the process. [Interjections.]

 

Ms M O MOKAUSE: The truth hurts. [Interjections.] We are being robbed everyday and we are not robbed by tsotsis in balaclavas. It is the ANC politicians and senior government officials, some of whom are sitting here with us today. [Interjections.] The Public Protector, when she read the Passenger Rail Agency of South Africa’s report, some are stealing and are earning their salaries in state-owned entities and government institutions but they are Members of Parliament. [Interjections.] It is worse when one looks to the side of the racist white monopoly capital across all sectors and it is with regard to these issues where you will never hear a word from the DA. [Interjections.] First it was Clover, Nestlé, Parmalat and other companies in the dairy industry who fixed the prices of milk in a society where more than 10 million South Africans go to bed on empty stomachs. It is sickening.

 

It was Tiger Brands, Pioneer Foods and Premier Foods who fixed the price of bread in a society where four Mmupele children in Verdwaal, North West died of hunger. The directors of these companies should have been jailed for murder. In the construction industry the same is happening. In the mining sector all companies fail to meet the Mining Charter and they continue to loot and operate illegally. In Durban terminal ports, containers come to the country to only open a factory in Boksburg, all the way from Durban without inspection. Hon House Chair, what is clear is that there is a conspiracy against the public, the poor and the homeless in particular by the ANC government. [Interjections.] Where is the government when multimillion companies commit grand scale corruption through aggressive tax avoidance that was demonstrated by Lonmin ... [Interjections.]

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Thank you hon Mokause, your time has expired.

 

Ms M O MOKAUSE: Where is the government when multimillion companies commit grand scale corruption through aggressive tax avoidance that was demonstrated by Lonmin ... [Interjections.]

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon Mokause, your time has expired. Hon Mokause, please, your time has expired.

 

Ms M O MOKAUSE: ...  a transfer of R1,3 billion to a gold company in Bermuda while refusing to pay the workers in Marikana. [Applause.] [Interjections.]

 

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

 

Mr M HLENGWA: Hon House Chairperson, hon members, corruption in South Africa is endemic and is defiantly becoming synonymous with all aspects of public service. It has become standard and accepted practice in this government. One might even say that it has developed into an art form, ably practiced by skilled proponents in government. From those situated in the highest office, corruption has become the alpha and omega of their work. Everyone seems involved. Many government officials want to get paid for a favour here or turning a blind eye there. There is no such thing as a free lunch. There is no such thing as an unencumbered act of public service. The days of the rule of law, transparency, constitutionalism, accountability of government departments and fitness by public officials to hold office have all been sacrificed in the altars of cronyism, nepotism, cadre deployment, maladministration, fraud and widespread corruption. It is getting worse and is increasing like a cancer seeking to destroy its host body, and in our case, if left unchecked, it will destroy South Africa.

 

In January this year it was estimated by the Institute of Internal Auditors, that South Africa had lost a whopping R700 billion to corruption over the last 20 years. How different would South Africa be today, was the R700 billion channelled into proper provision for public service channels? How many citizens now living in informal housing settlements would have proper homes? How many poor students could have furthered their education? How many roads could have been built? The list of service delivery achievements which could have been achieved is endless.

 

The hon President ironically stated in January this year that “South Africa has a strong anticorruption architecture”. He further stated that:

 

With co-operation between government, the private sector, nongovernmental organisations and political parties, we will be able to make a difference in eradicating corruption which is what our people expect from us.

 

This is very rich coming from a man who at his own behest, the Scorpions met their demise. Even richer coming from the very man who has through his own nonaccountability has allowed corruption to become a culture of his administration. If the President is serious about fighting corruption he should lead by example and walk the talk all the way to court. In June a report by the World Justice Project Rule of Law Index found that South Africa scored low in its capacity to impose sanctions for official government misconduct.

Corruption must be rooted out at its source and a line must be drawn in the sand which says; this far and no further. If government is serious about the eradication of corruption it must take a long hard look at itself, as shameful as that might be, but the conclusion must be that Chapter 9 institutions such as the Public Protector should be supported and not vilified and attacked. The rule of law and accountability over public funds and their administration must be restored. We have the laws and the times and circumstances are now upon us to implement without fear, favour or compromise. The bottom line is ...

 

Ake niyeke ukudla imali yabantu ngoba ngendlela inkohlakalo inuka ngayo, seyinukela ngisho uNkulunkulu esesezulwini. [Ubuwelewele.] (Translation of isiZulu paragraph follows.)

 

[Stop misusing people’s money, the way corruption stinks, I am sure even God in heaven can smell it. [Intejections.]]

 

I thank you Chair.

 

Mr M S MABIKA: Hon House Chair, we do not have accurate statistics on corruption but the Auditor-General estimated that corruption costs the South African economy in the region of R20 billion to R30 billion annually. This is in line with the estimation of the Institute of Internal Auditors earlier this year that corruption has cost South Africa an estimated R700 billion over the past 20 years.

 

There is a well known saying that a fish rots from the head and this is particularly relevant for us in South Africa. We have an ANC government that has perfected the art of institutionalised corruption, using its parliamentary majority to effectively suppress any in-depth investigation and protecting their own as we have seen with Nkandla recently. The first major corruption scandal involving the post-1994 government was the arms deal which to this day has not been dealt with. The floodgates of corruption were opened when it became apparent that the ANC government will protect their own at whatever cost. The so-called travelgate scandal followed and soon corruption became an everyday occurrence.

 

The list of corruption scandals goes on and on ranging from high ranking ANC cadre deployees such as hon Bheki Cele and Ministers such as Dina Pule to municipal Mayors such as Obed Mlaba and many of the tenderpreneurs who have suddenly become very wealthy. This roll call of dishonour makes a mockery of our Constitution which requires of government to be transparent and accountable. The burning question is: What measures can be taken to combat the scourge of corruption which has become endemic in South Africa? We believe that the first step should be to get rid of corruption. [Interjections.]

 

The CHIEF WHIP OF THE MAJORITY PARTY: Hon Chairperson, on a point of order.

 

The HOUSE CHAIRPERSON (Ms M G BOROTO): Hon Mabika, will you please take your seat.

 

The CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I suggest that the NFP should teach the new member that when you bring an accusation on any sitting member you must do so through a substantive motion. The hon member accuses hon Bheki Cele of corruption, however, he has not submitted any substantive motion. He must withdraw now.

 

The HOUSE CHAIRPERSON (Ms M G BOROTO): I think the motion is sustained. Hon Mabika, hon Bheki Cele is a member of this House and if there are any corruption accusations against him you are allowed to bring a substantive motion. Will you please ... [Interjections.]

 

Mr M S MABIKA: Hon Chair, but why was he expelled from his position as the ... [Interjections.] [Applause.]

 

The HOUSE CHAIRPERSON (Ms M G BOROTO): Hon member! Please, we are in the House here, can we use the Rules of the House as they appear. [Interjections.]

 

Mr M S MABIKA: Its on record though we believe that ... [Interjections.]

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Can you please ... [Interjections.] Hon Mabika! Hon Chief Whip, please take your seat. Hon Mabika, you are not allowed, as I have explained. Will you please withdraw the accusation against hon Bheki Cele as a member of the House? [Interjections.]

 

Mr M S MABIKA: Chair, I was quoting from the report of the Public Protector. [Interjections.] [Applause.]

 

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

 

Mr M S MABIKA: And that resulted in the hon Bheki Cele removed as the Commissioner of Police.

 

The HOUSE CHAIRPERSON (Ms M G Boroto): Hon member that is not what you referred to. [Interjections.] If that is the case, you did not refer to that but I will ... [Interjections.]

 

Mr M S MABIKA: I referred to that.

 

The HOUSE CHAIRPERSON (Ms M G Boroto): ... check that. Thank you. Continue.

 

Mr M S MABIKA: We believe that the first step should be to get rid of the corruption-driven ANC government of the day. A government that does not protect its citizens from corruption by its own has no moral right to govern. Other measures that could be taken include: Strengthening of the powers of the Public Protector, securing the independence of the prosecuting authorities and swift legal action against any government employee found to be involved in corruption regardless of their political affiliation. Thank you.

 

Mr T J BRAUTESETH: House Chairperson, hon members, it is indeed the custom and tradition of this House to steer away from controversy when delivering one’s maiden speech. Whilst that is a noble tradition, it is now impossible when debating corruption. I therefore ask members to keep their emotions and sensitivities in check and join me in having a hard cold look at the facts. Hon members, I am blessed to be the proud father of two beautiful girls. Parenthood brings many lessons and much experience. The first lesson from my elder brother who advised the following:

 

When you promise a reward, go out of your way to deliver that reward. When you promise a punishment, make damn sure you deliver, no matter the pain you feel as a loving parent.

 

The lesson is clear: You have to follow through and be consequent on your undertakings.

 

As the collective parents of our nation, we must acknowledge that the governing party has failed our children in this regard. They have been quick to reward with bonuses and incentives, but have shied away from punishing where necessary. We have fine legislation in the Public Finance Management Act, PFMA, Municipal Finance Management Act, MFMA, Treasury regulations and a myriad other prescriptive Acts. Indeed, hon Mabe listed a whole long list of wonderful new things the ANC is going to do shortly. But it all means nothing, hon Mabe, if you have a government like ours that is hopeless in enforcing any of these laws. As a result, these departments and entities that have gone unpunished for a period of time have become habitual offenders. This culture has given rise to an environment where certain departments and state entities appear before Parliament to explain audit concerns year after year.

 

Amongst the repeat offenders are: the Department of Correctional Services, Home Affairs, Public Works, Water and Sanitation and its water trading entity. Since the 2005, the Department of Water Affairs and Sanitation has consistently appeared before their own portfolio committee as well as the Standing Committee on Public Accounts, Scopa, for failing to record intangible assets properly and for flagrantly contravening supply chain management procedures. The Department of Justice and Correctional Services has been receiving qualified and disclaimer audit opinions for 20 years. Twenty years! It is absolutely amazing. Not only does it appear regularly before it’s portfolio committee, but has also been invited on several occasions to explain its audit shortcomings to Scopa.

 

The Department of Public Works is so rotten that when they recently conducted an audit of 1,5 million transactions, they found 350 000 of them to be irregular. It is absolutely incredible. You wouldn’t believe it if it was in a movie. The Department of Home Affairs receives disclaimer after disclaimer. Let us remind ourselves, a disclaimer is the Auditor-General saying, you are so wayward in your administration that we can’t even tell you how bad you are. That is so ridiculous it is.

 

A further example is the Third Party Fund, which is the petty cash box of our justice system. The JDA Software computer system which is supposed to manage the funds is such a mess, that in fact it has become a lucky-dip fund for criminal elements in the criminal justice system who profit at the expense of desperate mothers awaiting to receive their maintenance payments - mothers who survive hand to mouth from month to month. And we have not even had the time in this debate to look at municipalities like Makana and Madibeng where mismanagement, fraud and infrastructural collapse are the order of the day and have led to five consecutive disclaimers without any discernible remedial action from the executive authorities. In fact, we would need to schedule a three hour debate just to handle the municipalities and the problems there.

 

Every year Scopa presents a host of reports for adoption to this House. These reports detail findings on each area of concern and direct the relevant department and entities to adopt remedial action and report back to Scopa within 90 days. Sadly, unfortunately, most recipients place these advisories on a shelf to collect dust or in file 13 where they remain. Few departments, if ever, report back to Scopa on the results of their remedial action. And the result is an ever growing corruption bill that robs our nation of the services it deserves to the tune of about R30 billion per year. And where action is taken against financial miscreants - very unusually when action is taken- we have no flagging system to make sure that these same persons do not re-enter public service via another department.

 

There is, however, a way to fix all of this; there is light at the end of the tunnel. All departments and entities by way of the PFMA and various Treasury regulations, have to have Internal Audit Units. Internal Audit Units, if properly resourced and properly funded can help with all these situations. However, it is common cause that whenever you have a department that has a disclaimer if you go and have a look you will find that the Internal Audit committee is dysfunctional or you will find that it is not being taken seriously by the accounting officer or executive political head. But it is this very unit - Internal Audit - that assists departments in managing their affairs on a daily, monthly and annual basis to make sure that the process of accounting for all their actions is a process and not a crazy mad scramble when the Auditor-General is about to come and visit.

 

Now, looking at all of these, we have to look at where we can find the solution. Well, we can see the solution with the DA because where it governs in the Western Cape, the Cape Metro and a host of our municipalities we have achieved unqualified audit opinions year after year. We take the consequence management issue seriously and we apply consistent management. We take heed of Chapter 9 institutions like the Auditor General and respect their recommendations. And we equip our internal audit committees with personnel and resources they need and we listen to them.

 

And so we have the tale of two governments, the ANC experiencing the worst of times and the DA reaping the best of times. The ANC paralysed by inaction and a fear of political consequence for taking tough decisions, the DA committed to consequent, excellent governance regardless of the political fallout. The people of South Africa, our collective children, will make their choice in 2016 ... [Interjections.]

 

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

Mr T J BRAUTESETH: ... and they will choose the best of governments, they will choose the DA. Siyeza! We are coming. [Applause.]

 

Mr M L W FILTANE: Madam House Chairperson, as the country discusses in Parliament the scourge of corruption, Members of the Cabinet are either absent from the House or the few who are here are paying scant attention. But here we move, the people out there are listening. Corruption, poverty eradication, job opportunity creation and closing the gap between the poor and the rich are permanent enemies that cannot share the same bed.

 

It undermines the people and renders their freedom unstable and insecure, making it impossible to achieve the kind of society envisaged in the Constitution. A quick look at the facts of corruption over the 20 years will tell you that. In 1994 the ruling party contested the elections under the slogan, “A better life for all”. The result is that it cannot be a better for all because that was not the case. The late Brenda Fassie put it this way,

 

 “Kuya ngokuthi ungubani, uphila nobani, udlisa kanjani, ungena kwindawo ezinjani.” [“It depends on who you are, who you know, how you behave and what type of places you go to.”]

That’s how you get to a better life for all. It had to be a better life for all. That is what the struggle was all about. [Interjections.]

 

The HOUSE CHAIRPERSON: Order hon members! Let’s allow the member to be heard.

 

Mr M L W FILTANE: After all, this is what many went to jail and to exile for, with some risking their lives and even being killed. In 1999 the slogan was, “Together fighting for change,” but alas cannot be presumed that this referred to the change of the lives of South Africans especially those of women, children and the youth because the results speak differently due to corruption. Whilst our education and health crumbles, corruption is on the rise. Whilst the fight for the so-called security upgrades in Nkandla is on the high, the rest of the rural communities will live under the same and sometimes even the worst conditions than they were before the dawn of democracy, yet corruption is on the rise.

 

In 2004, the rallying cry was, “A people’s contract to create work and fight poverty”. Recent results, as pronounced in 2011, show that over R30 billion per annum is lost to corruption. Corruption continues to be on the rise. We thought this was a people’s contract to fight poverty for people who live in dire conditions because of corruption.

 

In 2009, the slogan was, “Together we can do more”. Guess what? Few got rich and more got poorer. To close it off, in 2014 the slogan was, “Together we are moving South Africa forward”. What is moving forward is the looting of the public purse at the speed higher than that of a Tsunami. That is what we are experiencing. Corruption has reached a point where the people of South Africa must now stand up and reclaim their freedom from the ruling elite. An element of a constituency-based electoral system ... [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member your time is up.

 

Mr M L W FILTANE: The time to reclaim our freedom is now. Corruption is on the rise.

 

Dr P J GROENEWALD: Agb Voorsitter, die spreker van die ANC het gesê dat hierdie debat maar ’n opportunistiese poging is van die vyande van die ANC om hulle maar net swart te smeer.

 

Die Instituut van Interne Ouditeure het bevind dat die die staat die afgelope 20 jaar R700 miljard verloor het weens staatskorrupsie. Is dit opportunisme? Nee. Dis ’n skande. Besef die agb lede dat dit basies die helfte van die land se totale begroting is wat verloor is weens korrupsie?

 

Die President kom met elke opening van die Parlement en spog met wat hulle doen om korrupsie te beveg. Daar is nie minder as sewe instellings wat korrupsie moet beveg nie; nie minder as 17 wette wat korrupsie moet voorkom nie. Dan vra mens jou die vraag af, As jy al hierdie instellings het en al hierdie wetgewing, en daar is steeds nog al hierdie korrupsie, wat is fout?

 

Dit is die skande wat die regering van die dag moet antwoord. Die hoof van die Spesiale Ondersoekeenheid het reeds bevind dat daar jaarliks ongeveer R30 miljard tot R40 miljard van die staat se geld aan korrupsie verlore gaan. Dis die swaarverdiende geld van ons mense wat moet belasting betaal en u plunder die staatskas en dit gaan net eenvoudig vir korrupsie.

 

As ons gaan kyk, byvoorbeed, na die Valke, wat een instelling is, sodra die Valke ondersoek moet doen om korrupsie te voorkom en hy begin te naby beweeg aan die eiendom van die President, moet die hoof van die Valke ontslaan word. Dan is Lt-Gen Dramat nie meer geskik om korrupsie te beveg nie. Wat gebeur dan? Dan kom die regering van die dag en hy wil hom ’n goue handdruk gee. Hy koop hom eintlik om! Dit is eintlik verdere korrupsie, want dit is die belastingbetaler se geld wat u gebruik om ’n persoon ’n goue handdruk te gee om te sê, Moet asseblief nie verder gaan met jou ondersoek na korrupsie nie.

 

So kan ons gaan kyk na die Nasionale Vervolgingsgesag. Daar is hoeveel instellings wat korrupsie moet beveg, maar die oomblik as hulle van die goed wil openbaar maak, dan is daar skielik ’n omstredenheid rondom die hoof daarvan.

 

Ek wil darem nou ook vir die DA wat hier kom spog, sê daar’s ’n spreekwoord wat lui, “Hy wat in glashuise bly moenie klippe gooi nie.” [Tussenwerpsels.] Moenie laat ons daardie debat voer nie.

 

Hoe maak ons hierdie ding reg? Daar is net een manier. Die ANC-geleide regering moet vervang word. Dit is al wat hierdie land sal red van korrupsie. [Tussenwerpsels.] (Translation of Afrikaans speech follows.)

 

[Dr P J GROENEWALD: Hon Chairperson, the member of the ANC said that this debate is more of an opportunistic attempt by enemies of the ANC to simply put them in a bad light.

The Institute of Internal Auditors has found that the Government had lost R700 billion to government corruption in the past 20 years. Is this opportunism? No. It is a disgrace! Do the hon members not realise that it is basically half of the country’s total budget that is lost due to corruption?

 

The President comes and brags at every Opening of Parliament about what they do to combat corruption. There are no fewer than seven institutions that have to combat corruption and no fewer than 17 laws that must prevent corruption. Then one asks yourself the question: if you have all these institutions and all these laws in place and you still have all this corruption, then what is wrong?

 

It is a disgrace that the government of the day must account for. The head of the Special Investigations Unit has already found that approximately R30 to R40 billion of Government’s money is lost to corruption on an annual basis. This is the hard earned money of our people who have to pay tax. And you loot the state coffers and it simply goes to corruption.

 

If we were have to, for instance, take a look at the Hawks, which is one institution ... as soon as the Hawks have to do an investigation in order to prevent corruption and it starts to move too close to the President’s property, then the head of the Hawks must be dismissed. Then all of a sudden Lt Gen Dramat is no longer the appropriate person to combat corruption. What happens then? Then the government of the day wants to give him a golden handshake. It is actually bribing him! This is in actual fact further corruption as it is the taxpayer’s money that you are utilizing to give such a person a golden handshake by saying: “Please do not continue with your investigation into corruption.”

 

Similarly we can have a look at the National Prosecuting Authority. There are numerous institutions that must combat corruption, but the moment they want to disclose something, then suddenly there is controversy surrounding its head.

 

But I also want to say to the DA, who comes here and brags, that there is an old saying that goes like this: “Those who live in glass houses should not throw stones.” [Interjections.] Let us rather not debate that issue.

 

How do we fix this thing? There is only one way. The ANC led government must be replaced. It is the only thing that will save this country from corruption. [Interjections.]]

 

Mr W M MADISHA: Chairperson, it is now time for this Parliament to accept that corruption destroys the people of South Africa, daily. Hence, in our country, we have millions of our people who die daily due to unemployment, poverty and hunger. We are talking here of more than 40% of the people of our country who are not employed.

 

Corruption permeates state administration where kickbacks and megacontracts cannot be counted. To mention a few examples, one reason for the proliferation of corruption is what is called cadre deployment. [Interjections.} Here, one will have, inter alia, the employment of spouses. Now, the so-called cadres are fleecing our country. R30 billion and, perhaps, even more is lost annually through irregular spending.

 

The Public Finance Management Act is routinely bypassed, especially in the Department of Public Works. This opens the way for massive corruption. The Act is there, but the ruling party will not enforce it stringently. The Auditor-General repeatedly brings up issues, and do you know what? He has lamented the fact that no one in government really wants to tackle the thorny issues. So, corruption entrenches itself.

 

The ruling party needs corruption to survive. What is Nkandla, for example? It is a premier example of enormous corruption. Who protects it? The ruling party, of course! Who disbanded the Scorpions? The ruling party, of course! Who appointed Ellen Tshabalala to a top position? The ruling party, of course! [Interjections.]

 

By appointing people with low ethical standards to key positions in government and the criminal justice system, the ruling party ensures that corruption can continue, with benefits for the political elite. Those willing to shut their eyes, close their ears and sacrifice their principles sit comfortably on that side. [Interjections.]

 

The ruling party presides, unconcerned, over endemic corruption, and so, corruption has rooted itself deeper and deeper. The new struggle of the common people now taking shape must be a struggle against the corrupt aristocracy living royal and expansive lives. [Interjections.]

 

For as long as Zuma and the ANC lead the country, you can forget it. Our country shall never go anywhere. [Interjections.] [Time expired.] [Applause.]

 

Mr S N SWART: Chairperson, corruption remains one of the most significant challenges to good governance, sustainable economic growth, peace, stability and development in South Africa. Whilst corruption may outrage middle and upper classes on moral grounds, it totally ravages the poor. Now, the ACDP believes that we will not be able to address systemic poverty until we address systemic corruption.

 

The ADCP asked a question in the justice committee to the Special Investigating Unit, SIU, as to the extent of corruption. The answer was an estimated R30 billion per year. This is unacceptable. It is probably only the tip of the iceberg, and greater urgency is needed. So, how does one address this? We have robust anticorruption legislation, but the laws are not adequately enforced.

 

We are also on record for calling for increased internal audits and increased capacity of the law-enforcement agencies, such as the Hawks, National Prosecuting Authority, NPA, SIU and the Asset Forfeiture Unit. The SIU said that if they had additional capacity, they would be able to recover millions and millions more rands that have been lost through maladministration and corruption. We believe that is a way to start.

 

However, we also see – as was pointed out by previous speakers – how Lt-Gen Dramat of the Hawks, as soon as he came close to investigating issues close to politically aligned persons, was removed. This is unacceptable.

 

We also, of course, need to have a look at the Public Protector, a key institution in fighting corruption and maladministration. It is very interesting that during the debates around Nkandla and in the portfolio committee, the leader of the EFF, the hon Mr Malema, said that he was deployed by the ANC to close the Scorpions, and that the ANC was doing the same thing to the Public Protector. Now, that is right out of the house of the ANC, and it cannot be contested. [Interjections.] So, you see, how can we speak about fighting corruption when we see this issue?

 

Mr T E MULAUDZI: Chairperson, on a point of order ...

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon member! Hon Swart, can you take your seat?

 

Mr S N SWART: I meant it as a commendation, hon member. [Interjections.]

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Swart, can you take your seat? What is the point of order, hon member?

 

Mr T E MULAUDZI: Chair, yes, I want to call him to order because he is trying to ...

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Can you address the Chair? What is your point of order?

 

Mr T E MULAUDZI: Alright, Chair. The point of order is: He is casting aspersions on our president by saying he closed the Scorpions, which is not true ... [Interjections.] ... because he can’t prove ...

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you, hon member. We will reflect on the matter and then come back to the House. Thank you. [Interjections.]

 

Mr T E MULAUDZI: Alright, thank you. [Interjections.]

 

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

 

Mr S N SWART: Chairperson, lastly ... [Interjections.]

 

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

 

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

 

The HOUSE CHAIRPERSON (Ms A T Didiza): What is the point of order?

 

Ms M O MOKAUSE: Chair, the hon member is casting aspersions on our leader. [Interjections.]

 

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

 

Ms M O MOKAUSE: The speaker ...

 

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

 

Ms M O MOKAUSE: ... knows very well that the leader of the EFF is not in ... [Interjections.] [Applause.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member, I have asked you to hold on because I had already addressed your member on the same matter.

 

Ms M O MOKAUSE: Hon House Chair ...

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Can you allow me to finish? I said to your member who raised the same point we would look at the Hansard and come back to the House. So, you won’t expect me to make a ruling on the matter that you are rising on, because you are rising on the same matter of casting aspersions. So, that matter will be looked into, and I will come back to the House to make a ruling. [Interjections.] So, we will allow the member to continue. Hon Swart.

 

Ms M O MOKAUSE: House Chair ... [Interjections.]

 

Mr S N SWART: Thank you, Chairperson.

 

Ms M O MOKAUSE: Hon House Chair ...

 

Mr S N SWART: Chairperson, we commend civil society initiatives, such as the Unite Against Corruption march, which will take place on 23 September this year. It will mobilise churches, civil society, trade unions and ordinary citizens, who are tired of corruption.

 

Lastly, we would also urge members to support the Unashamedly Ethical movement in South Africa. This was founded by a businessman who believed that active opposition to corrupt behaviour and a groundswell of public support for ethics, values and clean living is necessary. We would urge members to look at this and sign the pledge that is available on the Unashamedly Ethical website, thereby committing themselves and their organisations to clean, ethical living and practices. I thank you. [Time expired.]

 

Nks X S TOM: Ndiyabulela kakhulu, Sihlalo ohloniphekileyo. Lusizi lumi lodwa emnqamlezweni. Ubunokude ucinge ukuba amaqela aphikisayo aza kuba sele eyikhulele into yokukhomba omnye elisweni babe bekhusela elabo iliso. Lugxeko olutheni olu olude ludale ukuba abantu bamfameke? Kodwa ke, akunakothuka xa kukudala usidla amazimba.

 

Kwimagazini esihloko sithi Challenge kwinyanga yoKwindla ngowe-1994, uMfundisi u-Albert Nolan wathetha wenjenje: (Translation of isiXhosa paragraphs follows.)

 

[Ms X S TOM: Thank you very much, hon Chairperson. It is sadness in the cross. You might think opposition parties are already matured to blame others while protecting themselves.  What kind of criticism it this, that make people to be blind? But you cannot be surprised when you are old.

In a magazine called Challenge in March 1994, Rev Albert Nolan said:]

 

Cynicism is not just a matter of finding fault with everyone all the time. Cynicism scoffs and sneers at the human effort and questions the sincerity of everyone or almost everyone’s motives. It is so easy to dip into this mood of cynicism, especially when others around you indulge in it, which makes it important for us to stop and think because cynicism is a form of self-righteousness and therefore a sinfully destructive attitude of mind.

 

Umfundisi uCredo Dollar yena kule Cawe iphelileyo utshilo wathi lo mkhwa wenza abantu bahlale benomsindo ngamaxesha onke. Andiqondi ke ukuba ukhona umntu ofuna ukuhlala esilwa kuba inzima ingubo yokulwa. I-ANC ilwe iminyaka emininzi, idiniwe kukulwa. (Translation of isiXhosa paragraph follows.)

 

[Rev Credo Dollar last Sunday said this behaviour makes people to be angry all the time. I don’t think there is someone who likes to fight because that is not a good thing.  The ANC fought for many years, it is tired now.]

 

Chairperson, the ANC is committed to corrupt free society. [Interjections.] This is in the 2014 manifesto ...

 

Ms M O MOKAUSE: On a point of order, House Chair.

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Tom, can you take your seat? What’s your point of order, hon member?

 

Ms M O MOKAUSE: The speaker cannot be allowed to mislead us. The ANC President has so many counts of corruption, yet the speaker says the ANC is committed.

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon member. I stopped you because you are not rising on a point of order. It’s a point of opinion. Political opinions can be debated when somebody has got an opportunity to engage in debate. Points of order are about what they are indeed referred to, points of order. Can we allow hon Tom to proceed? Order, hon Tom. Hon Pandor.

 

The MINISTER OF SCIENCE AND TECHNOLOGY: Chairperson, I apologise for interrupting hon Tom. However, the hon member of the EFF has stood up on several occasions in the House accusing members of misleading the House. That is a breach of the Rules. And I do ask you, Chairperson, to look into this matter and rule on it. Thank you. [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you, hon member, we will indeed do so. Hon Tom, will you proceed?

 

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

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member, what’s your point of order? [Interjections.] [Laughter.]

 

Mr N S MATIASE: It’s really a waste of time for the hon Naledi Pandor to rise on a point of order on a baseless reason as if – allow me just a second – she tried to deprive a member her right to speak on the Rules that are provided in the House. So, a member can rise and speak on any matter when there is a point of order and even caution the Chair if a member is misleading the House.

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you, hon member. Let me just indicate there was no interference by hon Pandor during a member’s point of order. I ruled on your member on what she was rising on. I have said I will look into the matter and we will do so. Please proceed, hon Tom.

Ms H O MAXON: Chair, ... [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Tom, can you take your seat. Hon Maxon, what’s your point of order?

 

Ms H O MAXON: Chair, may I address you?

 

The HOUSE CHAIRPERSON (Ms A T Didiza): What’s your point of order?

 

Ms H O MAXON: May I address you, Chair?

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Are you rising on a point of order?

 

Ms H O MAXON: Chair, can we be treated fairly here? [Interjections.] I’m just appealing to you as the Chair and I’ve been saying you are not the Chairperson of the ANC when you are seated there, but you are the Chairperson of this House. We all belong to this House. You just switched your microphone for the hon member of the EFF, ...

 

The HOUSE CHAIRPERSON: Ms A T DIDIZA: Yes, I did.

 

Ms H O MAXON: ... because you are so impatient with EFF, but when hon Pandor stood up, you allowed her to finish her point. You are very biased, Chairperson. This is unfair.

 

The HOUSE CHAIRPERSON: Ms A T DIDIZA: Hon Maxon, thank you very much. Can you take your seat? I think it would do all of us wise to listen to one another and also to listen to the Chairs, because I explained the reason I stopped the mike of your hon member. She was not rising on a point of order; she was making her opinion heard, which she has the right to do in a debate, not on a point of order. And I think I’ve ruled on that one, hon Maxon. So, we can proceed with the debate. What’s your point of order again?

 

Ms H O MAXON: Chair, my argument with you is that you were very impatient with her. You were supposed to allow her to finish and then rule after she had spoken. But because you are very biased in this House, you are treating us as stepchildren. You did not even wait until she finished, but when the ANC member stood up you allowed her to speak until she finished. That is my appeal to you. Stop doing that, Chair, and we respect you very much but you disappoint us each and everyday.

 

The HOUSE CHAIRPERSON: Ms A T DIDIZA: Hon Maxon, will you please go to the Speaker’s office if you’ve got any concern about the manner in which this House has been run.

 

M H O MAXON: Chair, it won’t help us, even the Speaker is biased.

 

The HOUSE CHAIRPERSON: Ms A T DIDIZA: Okay, take your seat then. Thank you. Hon Tom, can you proceed? [Interjections.]

 

Ms X S TOM: The ANC is committed to a corrupt free society, ethical behaviour across society and a government that is accountable to the people. Corruption is a broad societal problem, prevalent in both the public and private sectors requiring the commitment of all actors in society to eradicate it.

 

Olu xanduva asilulo uxanduva lukabani, luxanduva lwethu sonke singabemi beli lizwe ukuba silulwe. [Uwele-wele.] Sihlalo, into esiyaziyo thina yeyokuba ngalo naliphi na ixesha, ingakumbi xa kusondele unyulo, abantu bathi gqada beze ngaphambili besiza nezinto abacinga ukuba ziza kuvuselela ihlombe kuluntu. Ukulwa urhwaphiliso yenye yezinto abayizisa ngaphambili. Ibalulekile ke indlela esiluchaza ngayo urhwaphilizo. Kufuneka singakhethi izinto ezithile apha kulo, koko siyichaze kakuhle ukuze wonke umntu acacelwe.

 

Phambi kokuba sikhululeke, ngowe-1993, kukho imihlaba eyanikezelwa apha eNtshona Koloni, inikezelwa ebantwini ngemali engekhoyo. Umzekelo, Welcome Properties, ixabiso lalo mhlaba zizigidi ezi-R1,9. Kuhlawulwa imali yengqesho engama-R4 210. Baxelelwe ke ukuba sininika iminyaka engama-25 ukuba nihlawule imali yokuqasha engekhoyo. Eyesibini, iDal Josefat, ngumhlaba oxabisa izigidi ezili-R11, namhlanje kuhlawulwa imali yokuqasha engama-R5 500 kuphela. [Uwele-wele.] Uye ke ngoku kwiFisherman’s Cottages, ixabiso lezi-cottages zizigidi eziR1,2. Kodwa ixabiso eziqashiswe ngalo yi-R1 ngenyanga iminyaka engama-25. Yintoni ke loo nto?

 

Le nto ifuna ukuba xa sithetha ngezi zinto sigqale sazi kananjalo ukuba urhwaphilizo lusityhutyhile sisonke, ngoko ke makungabikho okhomba omnye esweni omnye akhusele elakhe. [Uwele-wele.] Umbutho kaKhongolose ufike lukhona urhwaphilizo wenza iinzame, esele zixeliwe apha ngohloniphekileyo uMabe, zokuba luliwe urhwaphilizo. Yinto ekhoyo esingenako ukuyiphikisa nakancinane. Zininzi izinto ebezisenzeka ngexesha localucalulo, ekutyiwe kuzo imali ngendlela engumangaliso, urhwaphilizo lokuqala nelokugqibela. I-ANC ingene yazinqanda ezinye zezo zinto.

 

Sihlalo ohloniphekileyo, ibaluleke kakhulu into yokuba singamalungu ale Ndlu yoWiso-mthetho siziqwalasele izinto ezilungileyo ezenziweyo nguKhongolose, size sizichaze njengokuba sisenza ezingalunganga. Oko kubalulekile kuba kaloku into eyenzekayo ngoku, abantu bafaka ii-blinkers bengaziboni izinto ezenzekayo ezilungileyo. [Uwele-wele.] (Translation of isiXhosa paragraphs follows.)

 

[This is not anyone’s responsibility, to fight it is for all of us as citizens of this country. [Interjections.] Hon Chairperson, what we know is that at any time, especially when elections are around the corner, people come forth with things they think can persuade people. Fighting corruption is one of them.  The way we explain corruption is important. We mustn’t talk about certain things in it, we must explain it clearly so that everybody understands.

 

Before our freedom, in 1993, there were pieces of land that were given to people with small prices in the Western Cape. For example, Welcome Properties, the price of that land was R1,9 million. R4 210 was paid for rent. They were told that they are given 25 years to pay for rent which was very little. The second one Dal Josefat, which was R11 million, today an amount of R5 500 only is paid for rent. [Interjections.] Then Fisherman’s Cottages, the price of these cottages is R1,2 million. R1 was the price they paid per month for 25 years. What is that?

 

This needs us to know that all of us have done corruption before we talk about these things, no one must blame the other and protect himself. [Interjections.] When the ANC came to power there was corruption and it made means to fight it, as hon Mabe has already mentioned. We cannot run away from that.  There is a lot of things that were happening during the apartheid era, where money was misused in many instances, the first and the last corruption. When the ANC started it stopped those things.

 

Hon Chairperson, it is very important for us as members of this August House to consider good things that the ANC has done, and mention them as we do with the bad ones. That is very important because what is happening now, people are wearing blinkers and they don’t see the good thing that have been done. [Interjections.]]

 

Hon Chair, rooting out corruption is key to economic and social emancipation. The ANC is committed to undoing the effects of colonial domination which resulted in the elements of national oppression and capitalism and these two elements are interconnected and mutually reinforcing and thus untimely building a South Africa that lives up to the ideals of the Freedom Charter. We want a South Africa in which all citizens have an equal opportunity to participate in an economy that is not monopolised by a small section of the society.

 

Ndandiyithethile ekuqaleni, ndisayithetha nangoku into yokuba umntu othi ufuna ukukhulula abantu kule nkululeko, yingcuka eyambethe ufele lwegusha. [I said this in the beginning, I’m still saying it now that if a person says he wants to set people free in this freedom he is a dangerous deceiver.]

 

The ANC is working very hard. We are working to eradicate the threats that are threatening governance and these have been enumerated by hon Mabe. Ending corruption is possible, all it requires is honesty, integrity and an unwavering moral compass and to adopt a quotation by Nelson Mandela “corruption is man-made and it can be eradicated by the actions of human beings”. [Intejections.]

 

Ndanditshilo ngaphambili kwaye ndisatsho nangoku ukuba umntu othi ufuna ukukhulula abantu kule nkululeko bakuyo ufuna ukubasa engcinezelweni. USteve Biko kwincwadi yakhe esihloko sithi I write what I like uyayicacisa into yokuba ... [I said so before and I still say it now that if someone says he wants to set people free in the freedom they have, he wants to take them to oppression.  Steve Biko in his book titled, I write what I like, makes it clear that ...]

 

... in adopting the line of a nonracial approach, the liberals are playing their old game. They are claiming a “monopoly on intelligence and moral judgement” and setting the pattern and pace for the realisation of black man’s aspirations. They want to remain in good books with both black and white worlds. They want to shy away from all forms of “extremism”, condemning “white supremacy” as just being as bad as “Black Power!”. They vacillate between the two worlds verbalising all the complaints of the blacks beautifully while skilfully extracting what suits them from the exclusive pool of white privileges. But ask them for a moment to give you concrete meaningful programme that they intend adopting then you will see on whose side they really are. Their protests are directed at finally convincing the white electorate that the black man is also a man and that at some future date he should be given a place at the white man’s table.

 

Sifuna ukuba abantu bakuthi mabazilumkele ezi ngcuka zambethe ufele lwegusha. Urhwaphilizo lona luyinto ekhoyo efuna ukuba sonke silulwe, siyeke le nto yokukhombana omnye akhombe omnye elisweni, omnye akhusele iliso lakhe. Ndiyabulela. [Kwaqhwatywa.] (Translation of isiXhosa paragraph follows.)

 

[We want our people to be careful about these dangerous deceivers.  Corruption exists and it needs us to fight it, and stop blaming each other, where one protects himself.  Thank you. [Applause.]]

 

Mr L M NTSHAYISA: Hon House Chairperson, I can say that when the word corruption is mentioned, everyone is feeling the heat. I’ll just confine myself now to the topic which talks about the scourge of corruption and the measures that are supposed to be taken to fight this corruption.

 

The ongoing scourge of corruption in South Africa is a matter of great concern. It is a running sore that needs immediate attention. There is corruption in each and every department. The following are some of the causes of the corruption: The improper tender system; the deployment of cadres under the cloak of democracy and of having suffered a lot during apartheid; nepotism; appointment of unqualified people and friends; lack of proper leadership and management and the existence of arrogance on the path of many; the abuse of power; the failure to observe the rule of law and failure to uphold the Constitution. Those are some of the causes of corruption. If we can do away with those, then our country will be in good position.

 

There are things that should be done to combat this scourge of corruption. Let us all do away with the corrupt tender system, more especially in the municipalities. There is no need at all for a tender for the job that can be done by government officials; and they then now, they issue tenders. Let those officials do the work. If a tender is to be issued, there must be a tender board composing of all the relevant stakeholders and the beneficiaries, in particular. There must be efficient and effective monitoring and evaluation. I am just talking about the measures that should be taken to put an end to this corruption.

 

Cadre deployment should now be history. Only those who qualify for the job should be appointed. The government should get rid of the employment of relatives. Government work should not be a family matter but a community and national matter. In order to take South Africa forward and fight corruption; we need true leaders who can be trusted all the times even in the absence of these very monitors.

The arrogance on part of those in power is a matter of great concern. It cannot be correct for those in power to arrogantly do something simply because they cannot be challenged successfully. Democracy does not mean the exclusion of the minority. Thank you. [Time expired.]

 

Mr L R MBINDA: Hon House Chairperson, the PAC notes this motion and looks at it from two paradigms. The first one is that there is an increase in the exposure of corruption; the second is that corruption is inherent in the system. On the first paradigm, you note elements like Nkandla that have been discussed a lot in this House, the Public Protector’s report on Prasa, the 37 000 ghost employees in North West, the killing for tenders in Mpumalanga and many others.

 

So, corruption is really there and it is large; but it is not a new phenomenon. The Auditor-General’s reports are littered with fruitless and wasteful expenditure. This magnitude of corruption will definitely destroy this nation.

 

Looking at the evidence before us - if we limit our experience on mainstream media, you will definitely say that corruption is increasing but that is an artificial picture. The real picture lies in the other perspective - the perspective that says that the capitalist system itself is corrupt and it brews corruption.

 

Most of the corrupt practices are actually legislated and look very legal. What drives corruption lies in a Gini coefficient which explains the difference in society. South Africa sits among the highest in discrepancies of economic distribution - standing at 65 on a scale of 100, means that the inequalities are extremely high.

 

You do not get this phenomenon in the developed nations. You find it in a colonial setup which means that South Africa remains a firmly colonial state. This difference and inequality drives crime in the country. The value systems that we have adopted are corrupt themselves.

 

The solution, as the PAC sees it, is revolution - a total transformation of our value system and a change in the economic distribution. In the new value system; we need to put people before profit and then hold the state accountable for this primary objective and officials accountable for these things.

 

Lastly, we need to make effect of the blacklisting databases for corrupt officials, companies and directors. And then, if you still want to know whether the PAC is strong, you must ask the EFF at the university.

 

The CHIEF WHIP OF THE OPPOSITION: Hon House Chair, I think it is absolute disgrace that the Chairperson of the Standing Committee on Public Accounts is not in this debate but clearly, he got another brown envelope that told him to stay away from the debate today. [Interjections.]

 

That only gets even more disgusting to see the ANC benches like that, and it seems that we have to start bringing more and more motions of no confidence because that’s the only way we get the ANC Members of Parliament here in the benches to come and do their job. It is completely empty today.

 

The noted academic, Arvind Jain, who wrote a single article on corruption said this and I quote:

 

Recent studies on the impact of corruption indicate that its effects tend to reverberate throughout an economy rather than be confined to specific corruption-based transactions. Corruption seems to affect the level of investment, entrepreneurial incentives, and the design or implementation of rules or regulations regarding access to resources and assets within a country.

 

And nowhere is this more prevalent in a housing application list around the country. We see that there is no transparent waiting lists and ANC councillors use this housing opportunities as a way to get personal power within the communities. There is no allocation processes. Very often, rather than the houses being given to people who deserve them; they actually are given to family members and friends of the ANC. Many citizens who deserve these opportunities are denied them on a daily basis.

 

The same goes with the Expanded Public Works Programme jobs, where it’s only those connected to the ANC cadres who can access them. Many, again, are family and friends of ANC councillors. This is the same with tenders. I thought it was quite interesting that the hon Mabe was able to come up here today. Let’s not forget that the hon Mabe is the chairperson of the Standing Committee on the Portfolio Committee of Public Service and Administration.

 

She spoke at great length today about the Public Service Commission. But you know what, she also said - if I have to remind you, that we must all respect and uphold the Public Service Commission findings. The Public Service Commission came to her committee a little while ago and asked for more powers because their reports are continuously ignored. Hon Mabe said that they are not going to give them more powers because they have enough. [Interjections.]

 

She spoke about the hotline. What she doesn’t tell you is that in the National Anti-Corruption Hotline, only 36% of 14 149 cases of suspected corruption in 2013 and 2014 have been closed. If you are going to come here and tell me that’s an achievement, then I really despair of you. Since what you have done has rendered the Public Service Commission which you laud as an achievement, as a toothless body with no enforcement powers, watching this happening on your watch. Now, she also says that the ANC have always advanced the moral high ground, the highest moral standards.

 

Clearly, and I hope that the Chief Whip is paying attention, hon Mabe has not done her reading ahead of the national general council that’s coming up. Under the heading of organisational challenges in your own documents, which is ‘Factionalism and money politics - it says the critical weaknesses here are sapping the very core of your organisation. There hasn’t been a systematic campaign to root this out, and here is the killer punchline in their own document that says, ‘many of the acts of corruption in government derived from party dynamics.’ [Interjections.] ... Well, if that is an admission, I don’t know.

 

She blamed everybody else. She blamed everybody else in the country for corruption. I still kept thinking, well, Jan van Riebeeck was going to come out for a last hoorah here as well, because he seems to be to blame for a lot of things in South Africa. [Laughter.]

 

The hon Tom as well comes up here trying to give us an academic lecture, I thought she was on Heritage Day debates. I didn’t know she was talking about corruption but nonetheless, she made some points here. What she doesn’t tell you that she is the former MEC of Sports, Recreation, Arts and Culture in the Eastern Cape. [Interjections.]

 

Do yourself a favour and go and have a look at some of the audits of the Auditor-General’s reports of her department when she was the MEC. [Interjections.] It reads like a horror story, colleagues. Yes, we are angry. We are angry that state resources are being plundered on a daily basis. We are angry that our citizens are being robbed of opportunities and they are homeless and hungry. And if that doesn’t make you angry, hon Tom, then I don’t know what should.

 

The truth is that the ANC don’t want the Scorpions, the don’t want the Public Protector, they don’t want a strong Public Service Commission, they don’t want a competent Police Commissioner, they don’t want an independent National Director of Public Prosecutions - because they know that if we have those strong institutions and they are strengthened and given the power that they deserve, many of the comrades on this side of the House, will be sitting on the wrong side of the barge. [Interjections.] [Applause.]

 

Adv B T BONGO: Hon Chairperson, one of the greatest theoreticians and revolutionaries, an icon of the struggle for liberation of the people of Guinea Bissau and Cape Verde, Amìlcar Cabral, when talking about truth and lies, had this to say:

 

Hide nothing from the masses of our people. Tell no lies. Expose lies whenever they are told. Mask no difficulties, mistakes, failures. Claim no easy victories.

 

An HON MEMBER: We’ve never heard that before!

Adv B T BONGO: In 1990, the Auditor-General released a very damming report in the then House of Representatives in which he claimed that millions of rands had been misused and stolen by the the government of the day. He made the assertion that corruption was structural and endemic.

 

When the ANC took over government in 1994, it brought all sorts of legislation that you can think of. It brought all sorts of offices that the opposition is speaking about today. It is only the ANC that is serious in dealing with the issue of corruption. [Interjections.] Only the ANC’s manifesto, out of all the manifestos that we have seen, has prioritised the issue of corruption. We are saying that corruption is an enemy of the state and government. Only the ANC is saying that.

 

Out of the 82 years that we have spent fighting the struggle for liberation, we have managed to put all systems in place to make sure that we deal with this matter of corruption.

 

Now, I heard hon Madisha speaking about corruption. I was a bit embarrassed, because that which made him to leave the liberation movement was the very issue of bags that he was carrying all over the show! So, hon Madisha, you have to be able to stand on a moral high ground when you deal with these issues. [Interjections.]

 

The ANC does welcome the criticism about these issues that comes from the opposition parties, the Public Protector and all others. But all we have requested from the Public Protector is that the reports must be fair, they must be justifiable and above board. So, to come here as an opposition party and want to defend a Chapter 9 institution as if you have created it, creates problems, because these things belong to the ANC. [Interjections.] The pettiness that is displayed by the DA in dealing with the issues of corruption is very disturbing to us as the ANC.

 

And the issue of coming to the stage here, every time speaking about the President and corruption, is very wrong. Not only wrong, but wrong to the extreme.

 

An HON MEMBER: Why?

 

Adv B T BONGO: First of all, the leader who has brought this motion here ... I thought you will be here by today to discuss this matter ... he needs to respect the President of the ANC ... [Interjections.] When President Zuma was co-opted to the national executive committee in 1977, he was not even born himself. [Interjections.]

 

An HON MEMBER: What’s that got to do with anything?

 

Adv B T BONGO: The credentials of ... President Zuma himself served in the NEC since 1977 wihtout interruption until today. That shows the credibility of the leader. [Interjections.] Who are you today to come and say the leader ... and so on ... young as you are? [Interjections.]

 

An HON MEMBER: You want to talk about the past! [Interjections.]

 

Adv B T BONGO: Now let’s come to the DA in the Western Cape. We have appointed Vusi Pikoli in the Western Cape as a payback for the work that he did on the controversial issue of Khayelitsha. [Interjections.] It is a payback and amounts to corruption. That is what you are doing. So you can’t stand on a higher moral ground than the ANC and speak about issues of corruption. [Interjections.]

 

One DA councillor in the City of Cape Town uses letterheads for own selfish interests.

 

An HON MEMBER: And then he was fired!

 

Adv B T BONGO: Do you see? And you want to come and stand ... [Inaudible.] ... on the ANC on these issues. [Interjections.]

 

Your former boss, Helen Zille, thanked the Guptas for money given for a good project. We don’t know what that money was for. You still haven’t told us what that money was for. And you want to stand here and talk about corruption. [Interjections.]

 

In the EFF, on a daily basis ... as we speak, police are investigation an allegation of fraud against top EFF officials, including their leader, Mr Malema, and his deputy, Floyd Shivambu.

 

For party caucus issues ... [Interjections.]

 

Mr M M DLAMINI: Chair, I rise on a point of order. [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Order! What is your point of order, hon member? [Interjections.]

 

Mr M M DLAMINI: Please call the member to order. He is now misleading. And you know we are not going to accept any stories about ‘I didn’t hear’. That guy is misleading the House. There is no such thing. He must give us the case number. He must stop lying here. He must not do that.

 

Adv B T BONGO: What I can say is, when it will be time to address...

The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon member! When we deal with issues that cast aspersions on members, we are supposed to bring those with a substantive motion. Can you please move on your speech and, if you want to bring a matter on a substantive motion, you bring it to the House in the manner it is supposed to be brought.

 

Adv B T BONGO: Thank you, Chair. Maybe...

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon member! I haven’t finished!

 

Mr M M DLAMINI: No, no. He can’t move. He must withdraw! Please!

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon members, you must do as you request. You asked me to listen to you until you are finished, but you are not willing to listen to me until I finish. I have not finished my ruling.

 

So, thank you very much for your understanding.

 

Hon Bongo, can you please withdraw until you bring that matter on a substantive motion to the House.

 

Adv B T BONGO: Okay, thank you, Chair. Maybe he ...

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Can you withdraw?

 

Adv B T BONGO: I withdraw, Chair. Maybe it is time to deal with this issue of the disruptions in the House that are caused by the EFF. As we move around addressing members of the ANC in the public, they always ask us, why are you not getting to these guys? Then, what we always say is that ... because, as the ANC, we have a responsibility to lead society and to lead them. That is why we will always try to tolerate them.

 

But secondly, 90% of members of the ANC this side have been trained in military ... both inside and outside the country. If we are to move this side, we would just crush them into smithereens! [Interjections.]

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member! Order! Hon Bongo, can you please come back to the matter under discussion? [Interjections.]

 

The CHIEF WHIP OF THE OPPOSITION: Madam House Chair ...

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Order! Yes, hon Steenhuisen?

 

The CHIEF WHIP OF THE OPPOSITION: House Chair, this is a Chamber of debate. When one member makes threats of physical, military violence against other members, it is inappropriate ... [Interjections.] ... and tends to suppress debate. I would ask that he withdraws those threats of violence against members on this side of this House.

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you, hon Steenhuisen. That is why I asked the hon member to refrain and come back to the matter under debate, because he was straying away from the debate. [Interjections.]

 

Hon Mbatha, on what point are you rising?

 

Mr M S MBATHA: Hon House Chair, my point of order is as follows: The hon member must also know that 16% of his fellow members are former Special Branch operatives.

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon member! Again, hon Mbatha, you are casting aspersions on members. You haven’t mentioned them. I think we should refrain doing that. Hon Bongo, please come back to the matter under debate.

 

Adv B T BONGO: Thank you, Chair. What I am trying to say is that the issue of corruption is at the heart of the ANC ... [Interjections.]

 

Mr M WATERS: Hon House Chair, may I address you?

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon Bongo. Hon Waters?

 

Mr M WATERS: Hon Chairperson, the hon Chief Whip has just raised a very serious issue. The hon member at the podium raised a threat of violence against the members on this side of the House.

 

The CHIEF WHIP OF THE MAJORITY PARTY: On a point of order!

Mr M WATERS: He should withdraw that before he ...

 

The CHIEF WHIP OF THE MAJORITY PARTY: Point of order!

 

Mr M WATERS: I’m on the floor! I’ve been recognised.

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Chief Whip, allow me to listen to the hon member. I will come back to you. [Interjections.] Please take your seat, hon Chief Whip.

 

Mr M WATERS: Thank you very much, Chair. I really appreciate that. The hon Chief Whip of the Opposition raised the issue of the hon member making threats of military action against members on this of the House. He should withdraw that before he continues with his speech. [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Waters, I did indicate to you that I had asked the member to refrain from that speech. I actually intervened. [Interjections.] Order, hon members! I intervened on the member while he was speaking even before hon Steenhuisen raised a point of order. Hon Chief Whip?

 

The CHIEF WHIP OF THE MAJORITY PARTY: I really commend you very much. Your patience is very good. Hon Steenhuisen ... you have already made a ruling directing hon Bongo to withdraw from behaving in the manner in which he did. And he stands up to give you an instruction. And you tell him that you have already instructed hon Bongo. Hon Waters tells you to listen to his boss, as if he is your boss. [Interjections.] I really would never allow a kind of situation where ...

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Chief Whip ... [Interjections.]

 

The CHIEF WHIP OF THE MAJORITY PARTY: ... these members instruct us. You cannot instruct us! [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon members! [Interjections.] Hon members! Order! [Interjections.] Order!

 

The CHIEF WHIP OF THE MAJORITY PARTY: It’s an instruction!

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Chief Whip, please take your seat! Hon members, can we please take our seats!

 

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

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member, what is your point of order?

 

Mr N S MATIASE: Madam Chair, we can of course be as combative as the Chief Whip of the Majority Party, but please restrain him so that you can rule on the member, hon Bongo, who is at the podium. You must rule that he must retract the threats that he has made. That is the only request we are making. He must retract and apologise so that we can proceed.

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you. Please take your seat. Hon members, hon Bongo in his speech indeed made a comment ... [Interjections.] Order, hon members! [Interjections.] M’am Khawula, ngiyabonga. [Thank you.] Hon Bongo, in his speech, made ... [Interjections.]

 

Hon Maxon, thank you very much ...

 

In his speech, he made a reference to what he and others are being asked outside about their conduct in relation to the behaviour of other members in the House. He elaborated that they indicated that their role is to lead society and to lead those members. He further said that amongst the members here are members who have been trained militarily ...

 

An HON MEMBER: No, he said 90%! Ninety per cent!

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Okay, we can put the percentage. He said, there are members who are trained militarily and therefore, if they were to act, it would not be correct. At that point, I interjected and asked the member to refrain. I said he must refrain from that because, firstly, it was unparliamentary, and, secondly, it was out of the debate and I asked him to come back. Hon Steenhuisen stood up and made the reference that such a statement is indeed unparliamentary, that it is a threat of violence that affects the openness for other members to able to participate openly in the debate. I indicated that I had already asked the member to refrain. Hon Waters asked that the member be asked be asked to withdraw. Hon Chief Whip did the same.

 

Hon members, I am deliberately enunciating this long process so that all of us can appreciate what has happened in this debate. Clearly members would want hon Bongo to publicly again say he withdraws. I will ask him. Can you please withdraw that statement, hon Bongo, as you have done already? You can do it.

 

Adv B T BONGO: Chair, I want to know exactly: What should I withdraw, because ... [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member! Hon Bongo, the reference you made in your statement, vis-à-vis the military training, borders on threatening.

 

Adv B T BONGO: But it is a matter of fact that the majority of the members of ANC are from exile. [Interjections.] It is just a matter of fact! [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member! Hon member Bongo! Hon member Bongo, can you please withdraw so that we proceed with the debate.

 

Adv B T BONGO: Okay, I withdraw! [Applause.] [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you! Can you proceed with your debate?

 

Adv B T BONGO: Chair, hon Mulder will agree with me ... [Interjections.] ... that there is a damning report from the Public Protector about the DA-run municipality in the Midvaal Local Municipality, a report which says that Midvaal is probably the most corrupt municipality in South Africa. [Interjections.]

 

Mr G G HILL-LEWIS: You cannot say that! You cannot say that!

Adv B T BONGO: There is a report about maladministration and corruption that is taking place there. [Interjections.] Hence, we are emphasising as the ANC that all opposition parties must look at our manifesto because they don’t have manifestos. [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon member! Hon Hill-Lewis?

 

Mr G G HILL-LEWIS: Chairperson, will the hon member take a question on the statement he has just made?

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Bongo, would you be able to take a question on the statement of the Municipality of the Midvaal?

 

Adv B T BONGO: Yes, I will take a question. [Interjections.]

 

Mr G G HILL-LEWIS: Thank you! Thank you! You know, it would be useful if you kindly made a speech based on facts ... [Interjections.]

 

Adv B T BONGO: Question, Chair! Question! [Interjections.]

 

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

 

Mr G G HILL-LEWIS: I am getting to the question. [Interjections.] Can you ... [Interjections.]

 

Let me get straight to the question: ... [Interjections.]

 

Adv B T BONGO: Chair, you must protect me: I want a question!

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon member. You said you will take a question!

 

Mr G G HILL-LEWIS: Can you outline exactly what that report says and how it compares to all of the other reports of corruption in ANC-governed municipalities? Thank you!

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Bongo, you can proceed!

 

Ms M O MOKAUSE: Hon House Chair ...  [Interjections.] ... may I address you ...  [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Yes, you can!

 

Ms M O MOKAUSE: ... And through you, to the member who just made a statement that says political parties do not have manifestos: ... [Interjections.] As for the EFF, we do have a manifesto. When we take over government in 2019, we will show you that indeed we can deliver up to the expectations of the poor masses of South Africa. [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you very much. Hon Bongo, you can proceed!

 

Adv B T BONGO: That will be when Jesus Christ has come, sesi! [Laughter.] [Interjections.] Hon Chair, the EFF cannot stand here and speak about corruption, when its leader, hon Malema owes us R16 million in taxes! [Interjections.]

 

Mr P G MOTEKA: Point of order, Chair!

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Order! Order, hon members! Hon member Moteka? [Interjections.] Hon Maxon, can you please take your seat!

 

Mr P G MOTEKA: I think we have honourable members here ...

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member of the EFF, there was a member whom I pointed out to speak. Thank you! Yes, hon member?

 

Mr G G HILL-LEWIS: Ma’am, I asked the member a specific question: Could you please outline exactly what that report says and how it compares to other reports on ANC-run municipalities? He has not replied to that and I would like an answer. [Interjections.]

 

Adv B T BONGO: Me and Hill-Lewis, ... [Interjections.] ... and hon Mulder will discuss after the House ...  [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Sorry, hon Bongo. Hon Bongo! Hon Bongo, ... [Interjections.] ... I am taking a point of order. Hon member?

 

Mr M M DLAMINI: Hon Chair, this member is again talking lies. He says that our president is involved in corruption with SA Revenue Service. Those are lies. He must withdraw. Moreover, you must clarify that issue of violence: That wena [you] don’t have the capacity of violence when you are just an [Inaudible.] ... [Interjections.] We have no capacity of violence. You must withdraw that quickly. [Interjections.]

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member, you are now straying again from matters that are of debate. Hon Bongo, did you say hon Malema is involved in corruption with the SA Revenue Service?

 

Adv B T BONGO: I never said so. I said, he owes up to R16 million of taxes with the SA Revenue Service. [Interjections.] That is a matter of fact. I have never mentioned corruption. You will figure out whether it is corruption or what.

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member, did you say it or you didn’t?

 

Adv B T BONGO: I did not say it!

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you! Hon Maxon?

 

Ms H O MAXON: Hon Chair, I am rising on a point of order. We are sick and tired of Bongo now. [Interjections.] We are sick and tired, we want to warn him. [Interjections.] No, wait wait wait, Chair! Bongo, the chief-in-command, the CIC, is not your friend. [Interjections.] If you belong to the premier league, you don’t have a licence to undermine our CIC. If you don’t follow news, you must know that the CIC does not owe a cent! Nxa! [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon members! Hon member on the podium, can you please stick to your topic on your speech! [Interjections.]

 

Adv B T BONGO: Chair, you will also recall that they can’t speak [Inaudible.] ... [Interjections.] They suspended [Inaudible.] ... [Interjections.] ... Tshabalala, because of exposing corruption.

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon member! Hon Bongo, ... [Interjections.]

 

Mr M M DLAMINI: On a point of order, Chair: [Interjections.] He must withdraw that the CIC ... [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Order, ho member! I am addressing the member on the podium. Can you take your seat? [Interjections.] Can you please take your seat? You will be recognised but for now you need to take your seat.

 

Hon Bongo, I have asked you repeatedly to please stick to your speech. You have been asked by a member if you would reply to his question, and you said you would. He feels that you have not answered the question. Can you please respond to that? Secondly, can you please stick to the matter under debate?

 

Order, hon member! Hon Hlengwa?

 

Mr M HLENGWA: Chair, I don’t want to trivialize the debate. I would ask you to go back to Hansard and check the comments being made by the hon Bongo with regard ... [Interjections.]

 

I am not talking to you! [Interjections.]

 

... with regards to Jesus Christ. I find that flippen comment to be offensive as a Christian and to be blasphemous. I request you to go to Hansard, to check on that and make a considered ruling because I feel that the comments that he has made are unparliamentary. [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you! Hon member of the EFF?

 

Mr M M DLAMINI: Chair, we want to ask the member to withdraw that statement of R16 million: It is not true; there is no such thing. That is wrong. It is lies. He must stop continuing to do that! [Interjections.] Please! Now!

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon members, firstly I asked hon Bongo, as it was alleged, whether he mentioned that hon Malema is corrupt as it was referred to. He said “no”, all what he said was that hon Malema owes the SA Revenue Service R16 million. Hon members, can you please allow the Chair to once again ask hon Bongo the question: Hon Bongo, apart from the matter under debate, the point of order is that there is a dispute whether hon Malema owes the SA Revenue Service R16 million. [Interjections.]

 

Adv B T BONGO: But the member said they have already paid it, Chair! [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Can I confirm if we are allowed as the Table to deal with matter? Can you proceed with your speech so long?

 

Adv B T BONGO: Hon Chair, in 2011 ... [Interjections.]

 

Mr N S MATIASE: Madame Chair, we have got unreserved respect for you and your authority, but for once, can you please put your foot firm on the ground so that there can be progress. Ask the hon member – I don’t know why we should refer to him as honourable ... [Interjections.] Can you please ask him to retract his words about the president of the EFF so that we can move on. [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member, firstly, there was an issue with regard to his statement that inferring and casting aspersions on the member of the EFF, hon Malema. I asked him; he denied. Indeed you urged us to check on Hansard as well. Secondly, the member has mentioned that hon Malema owes R16 million. You have pointed out that the allegation is not correct. So, it is a matter under dispute which we will follow up as the Table, and I have said that. [Interjections.] So I don’t know what firmness you want us to have in respect to these matters! [Interjections.] You can ... [Interjections.]

 

Mr N S MATIASE: Madame Chair, the request I am making is: Be firm. Tell him to withdraw ... [Interjections.] ... because he keeps on casting aspersions about the president of the EFF. He now alleges that a member of the EFF says the R16 million has been paid by the EFF.

So, if you ... [Interjections.] ... can’t stop him from making such irresponsible utterances, it will be difficult for us to allow him to continue to address us. [Interjections.] Otherwise, he has long exceeded his allocated time. Can you instruct him to leave? [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): He has not! He has not! Hon member, thank you very much! Can you take your seat!

 

Mr N S MATIASE: Unless he apologises, he cannot continue to speak! [Interjections.] He ought to be clear about that!

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Can you also take your seat so that we are clear about it too! Unfortunately, when there are matters of debate and there are disputes on fact, you can’t ask the Chair to rule one way or the other. It is for that reason that you reserve your ruling as a Chair. That is exactly what I said I would do.

 

So, it is not that he is right or he is wrong. I have said: I will look into the matter and I will come back to the House at an appropriate time to rule. I suppose we have to respect that!

 

Hon member, your question has indeed not been answered. I think that for the sake of time, we should proceed. Perhaps you will be answered the next time. [Interjections.]

 

Mr G G HILL-LEWIS: Could I be heard on a point of order, Madame Chair?

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Okay, are you now rising on a point of order; not on the question?

 

Mr G G HILL-LEWIS: Well, it is emphatically clear that he has not intention of answering my question after he accepted the question. Frankly, it is also emphatically clear that he hasn’t read the report that he refers to. So, I think he should withdraw that comment as well. [Interjections.] His speech is frankly an embarrassment to him and to his party today. [Interjections.] [Applause.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Bongo, for the last chance, you have been asked whether you could take a question or not, and you agreed. A question has been asked. Would you respond to the question as asked?

 

Adv B T BONGO: Chair, I have agreed to take the question but looking at my minutes here I am saying that I am inviting him outside so that I can give him a comprehensive answer and the report. [Interjections.] It comes back to an answer! [Interjections.]

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member, I think it will be important that next time, ... [Interjections.] ... all of us, when we make a commitment to people that we will take their questions while on the podium, we should do so. [Interjections.] If not, we should not accept that we will do. [Applause.] Hon member, can you please conclude on your speech?

 

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

 

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

 

Ms M O MOKAUSE: Before the hon member can continue, let me just make one thing clear that irrespective of whether the president of the EFF is present in this House or not, we will continue to protect him. He had his day in court! Unlike your President Zuma who is running away from the courts of South Africa, ... [Interjections.] ... our president had his day in court!

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member, I don’t think that is a point of order. We have indicated that on the issues under dispute, I will come back and rule in this House. Hon Bongo, can you please conclude your speech?

 

Mr P G MOTEKA: Hon Chair, I rise on a point of order!

 

The HOUSE CHAIRPERSON (Ms A T Didiza): What is your point of order, hon member?

 

Mr P G MOTEKA: The speaker on the podium has referred to hon Mokause as “sesi”. He must withdraw that, ...

 

... asinaye usisi lapha! [... we do not have a sister here!]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member, did you say “sisi”? [Interjections.]

 

Ms M O MOKAUSE: Yes, you said “sisi”, hon House Chair, and I am not sisi!

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Okay, hon Mokause, can you please take your seat? [Interjections.] Hon Mokause, can you please take your seat? Hon member Bongo, did you say “sisi”?

Adv B T BONGO: Yes, I did say “sisi”.

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Can you please say “hon member”?

 

Adv B T BONGO: I withdraw, hon member.

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you!

 

Mr J M MTHEMBU: Chairperson, ... [Interjections.] ... on point of order: The President of the Republic of South Africa, President Zuma, did not run away from any court of law. Therefore, there is no truth in what is being said by hon Mokause. [Interjections.] None!

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you, hon member. Can you take your seat? Hon Bongo, can you please conclude your speech.

 

Adv B T BONGO: Relating to what I raised earlier about 1990, in 2011, the Premier of the Western Cape was exposed by awarding a multimillion rand tender on communication without following proper procedures and regulations. [Interjections.] In 2012, questions were raised about the ... [Interjections.]

The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon member. Yes, hon Hill-Lewis?

 

Mr G G HILL-LEWIS: Will the hon member take a question on that statement? [Laughter.] [Interjections.]

 

Adv B T BONGO: Outside the House! [Interjections.]

 

Mr G G HILL-LEWIS: No, now! Now! [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Order! Hon member, can you take your seat? Hon Bongo, can you please conclude.

 

Adv B T BONGO: In 2012, questions were raised about the deal between the media group, Naspers, and the City of Cape Town, in which the DA-led municipality intended to buy a piece of parking space from a media firm. At an independent property valuation, the property was worth R50 million, but the City of Cape Town was prepared to pay R106 million. [Interjections.] It is clear that the value was highly inflated. We wonder who stood to benefit out of this.

 

In July this year, the Mayor of Cape Town and a DA leader in the Western Cape, Ms De Lille, was exposed by Mail & Guardian for an apparent corrupt campaign: Putting the management of the project to develop a public space on a scenic Clifton coastal land in the hands of a close friend and an associate. [Interjections.]

 

The City of Cape Town has recently lost a court case involving R113,5 million for sewage treatment plant. When they were asked whether they will appeal this case, they said they couldn’t appeal because they had no facts and they followed no procedure in dealing with this matter. [Interjections.]

 

So, we want to call upon all political parties as the ANC to work with us ... [Interjections.]

 

Mr G G HILL-LEWIS: Hon Chairperson!

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon member! Hon Hill-Lewis?

 

Mr G G HILL-LEWIS: The hon member literally has not a single idea of what he is talking about. Will he take a question on the nonsense he is talking now? [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): I think the member has said he will reply to the questions outside the House. Can you please ... [Interjections.]

 

Mr G G HILL-LEWIS: No, no, this is a new question. I wonder what he could have said now. [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Order, hon member. I think we really should respect the time - all of us. [Interjections.] Surely, the truth must also be respected. That is why the member had said earlier to you: He will reply to you outside; he doesn’t have time. Can you please conclude?

 

Adv B T BONGO: We want to call upon all opposition parties, as the ANC, to work with us in dealing this culture of corruption. [Interjections.] We want to call all opposition parties to work with us and look at our manifesto priorities around the issue of corruption so that we can deal with it to its roots, and so that we can work together to build South Africa for its people and her the future generations. [Interjections.] Thank you very much. [Applause.]

 

Ms P T VAN DAMME: Hon Chairperson, it is so painful to read of corruption stories involving the ANC every day. [Interjections.] It is embarrassing for us as South Africans. [Interjections.] Today, I was hoping that the ANC speakers would come and talk to us about how - firstly, owning up to the fact that corruption is a big problem in government and give us details of how it will be dealt with. [Interjections.] Instead, speaker after speaker from the ANC came and stood up and spoke a lot of hot air. I mean, hon Mabe, the hon leader of castle corner, came up here and said the ANC inherited an ethos of corruption. [Interjections.]

 

Nobody denies that apartheid was a corrupt system but it was not the apartheid government that built Nkandla, it was not the apartheid government that took ten women on a joyride on a Passenger Rail Agency of South Africa, train, and it was not the apartheid government. ... [Interjections.]

 

Ms L S MAKHUBELE-MASHELE: On a point of order: Hon Van Damme ... [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Order! [Interjections.] Order hon members! [Interjections.] Hon members! Order! [Interjections.] Yes, hon member, what is the point of order? [Interjections.]

 

Ms L S MAKHUBELE-MASHELE: this hon member says that there is a castle corner here. [Interjections.] What castle corner ... [Interjections.]

 

Ms P T VAN DAMME: If there isn’t one why are you standing up then? [Interjections.] If there isn’t one why are you standing up? [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Van Damme, can you please withdraw that? [Interjections.] It is unparliamentary. [Interjections.]

 

Ms P T VAN DAMME: I withdraw castle corner. [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon Van Damme, can you please withdraw. [Interjections.]

 

Ms P T VAN DAMME: I withdraw. [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Thank you. You can proceed with your speech.

 

Ms P T VAN DAMME: Then, there was hon Tom whose speech was just a [Inaudible.] of quotes. I wasn’t quite sure which point she was making. However, I got the sense that she was very sad that the DA is finding fault and that we are always angry – that is what we are here to do. We are here to hold government accountable. Be strong.

 

Then there was hon Bhongo, owu Nkosi yam, uBhongo! Umkhwenyana we EFF, who was suppose to be here to be the ... [Interjections.]

 

An HON MEMBER: Order! Chair ... [Interjections.]

 

The HOUSE CHAIRPERSON (Ms A T Didiza): Hon member, can you withdraw that? [Interjections.] Can you please withdraw that? [Interjections.]

 

Ms P T VAN DAMME: I withdraw mkhwenyana. [Interjections.] Hon Bhongo was supposed to come here and sweep for the ANC. [Interjections.] However, it was like sweeping with a broken old mob. [Interjections.] This is a man who clearly has no understanding of the law. This is the man who said that the Public Protector should refrain from making adverse statements about the government because she is part of the government. [Interjections.] Chap, you must familiarise yourself with these documents. You must read them. [Interjections.] You don’t know what you are talking about. [Applause.]

 

The point is, South Africa has given the ANC more than 21 years to tackle corruption. Instead, it continues to allow some amongst them to continue to practice politics of the stomach. The rot has, unfortunately, sunk in too deep and there is no possibility of redemption. South Africa can no longer wait for the ANC to improve because it will not. [Time expired.] It is time for South Africa to tell the ANC – so long, and thanks for all this. [Applause.]

 

Debate Concluded

 

The House is adjourned at 18:17

__________

 

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

 

FRIDAY, 4 SEPTEMBER 2015

 

TABLINGS

 

National Assembly and National Council of Provinces

1.       The Minister of Trade and Industry

 

  1. Progress Report on Implementation of the Industrial Policy Action Plan (IPAP) for the year April 2014 – March 2015.

 

National Assembly

 

1.       The Speaker

 

  1. Reply from the Minister of Finance to recommendations in Report of Standing Committee on Appropriations on Division of Revenue Bill [B5‑2015], as adopted by the House on 12 March 2015.

 

Referred to the Standing Committee on Appropriations.

 

  1. Petition from residents of Limpopo, requesting an audit of the schools feeding programme in that province, submitted in terms of Rule 312 (Ms D van der Walt MP).

 

MONDAY, 7 SEPTEMBER 2015

 

ANNOUNCEMENTS

 

National Assembly

The Speaker

 

1.       Referral to Committees of papers tabled

 

  1. The following papers are referred to the Portfolio Committee on Human Settlements for consideration and report:

 

  1. Petition from backyard dwellers of Phomolong Wards 12 and 13, Ekurhuleni Metropolitan Municipality, Gauteng, calling for assistance in acquiring social housing, submitted in terms of Rule 312 (Mr M Waters MP).

 

  1. Petition from residents of Struisbult, Ekurhuleni Metropolitan Municipality, Gauteng, calling for the eradication of their informal settlements and improved service delivery in respect of housing, submitted in terms of Rule 312 (Mr M Waters MP).

 

  1. The following papers are referred to the Portfolio Committee on Public Enterprises for consideration and report. The Reports of the Auditor‑General and Independent Auditors on the Financial Statements are referred to the Committee on Public Accounts for consideration:

 

  1. Report and Financial Statements of Eskom Holdings Soc Limited for 2014-15, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2014-15.

 

  1. Integrated Report of Eskom Holdings Soc Limited for 2015.

 

  1. Report and Financial Statements of the South African Forestry Company Soc (Limited) (Safcol) for 2014-15, including the Report of the Auditor-General on the Financial Statements for 2014-15.

 

  1. Report and Financial Statements of Alexkor Soc Limited for 2014-15, including the  Report of the Independent Auditors on the Financial Statements and Performance Information for 2014-15.

 

  1. The following paper is referred to the Portfolio Committee on Public Service and Administration as well as Monitoring and Evaluation:

 

  1. Government Notice No 800, published in Government Gazette, No 39051, dated 3 August 2015: Invitation for public comment on draft Public Service Regulations 2015, issued in terms of section 41 of the Public Service Act, 1994 (promulgated under Proclamation No 103 of 1994).

 

  1. The following papers are referred to the Portfolio Committee on Transport for consideration and report:

 

  1. Cape Town Agreement of 2012 on the Implementation of the provisions of the Torremolinos Protocol of 1993 relating to the International Convention for the Safety of Fishing Vessels, 1977, tabled in terms of section 231(2) of the Constitution, 1996.

 

  1. Explanatory Memorandum to the Cape Town Agreement of 2012 on the Implementation of the provisions of the Torremolinos Protocol of 1993 relating to the International Convention for the Safety of Fishing Vessels, 1977.

 

  1. African Maritime Transport Charter, tabled in terms of section 231(2) of the Constitution, 1996.

 

  1. Explanatory Memorandum to the African Maritime Transport Charter.

 

  1. The following paper is referred to the Portfolio Committee on Water and Sanitation for consideration and report:

 

(a)      Petition from residents of Inxuba Yethemba in the Chris Hani District Municipality, calling for improved service delivery in respect of water and sanitation, submitted in terms of Rule 312 (Mr L J Basson MP).

  1. The following papers are referred to the Standing Committee of Finance:

 

(a)      Government Notice No R.343, published in Government Gazette, No 38729, dated 23 April 2015: Notice in terms of section 11D(6)(b) of the Act of certain categories of research and development deemed to constitute the carrying on of research and development, given in terms of the Income Tax Act, 1962 (Act No 58 of 1962).

 

(b)     Government Notice No R.344, published in Government Gazette, No 38730, dated 23 April 2015: Regulations in terms of paragraph (e) of definition of “research and development” in section 11D (1) of the Act on criteria for clinical trials in respect of deduction for research and development, made in terms of the Income Tax Act, 1962 (Act No 58 of 1962).

 

(c)      Government Notice No R.346, published in Government Gazette, No 38732, dated 23 April 2015: Regulations in terms of paragraph (d) of definition of “research and development” in section 11D (1) of the Act on additional criteria for multisource pharmaceutical products, made in terms of the Income Tax Act, 1962 (Act No 58 of 1962).

 

(d)     Government Notice No R.362, published in Government Gazette, No 38744, dated 28 April 2015: Regulations under items (a) and (c) of definition of “determined value” in paragraph 7(1) of Seventh Schedule to Income Tax Act, 1962, on retail market value in respect of right of use of motor vehicle, made in terms of the Income Tax Act, 1962 (Act No 58 of 1962).

 

(e)      Government Notice No 352, published in Government Gazette, No 38735, dated 30 April 2015: Technical Changes to Public Entities in terms of the Public Finance Management Act, 1999 (Act No 1 of 1999).

 

(f)      Government Notice No 353, published in Government Gazette, No 38735, dated 30 April 2015: Technical Changes to Public Entities in terms of the Public Finance Management Act, 1999 (Act No 1 of 1999).

 

(g)     Government Notice No 354, published in Government Gazette, No 38735, dated 30 April 2015: Listing of Public Entities in terms of the Public Finance Management Act, 1999 (Act No 1 of 1999).

 

(h)      Government Notice No 355, published in Government Gazette, No 38735, dated 30 April 2015: Listing of Public Entities in terms of the Public Finance Management Act, 1999 (Act No 1 of 1999).

 

(i)       Government Notice No 356, published in Government Gazette, No 38735, dated 30 April 2015: Listing of Public Entities in terms of the Public Finance Management Act, 1999 (Act No 1 of 1999).

 

(j)       Government Notice No 357, published in Government Gazette, No 38735, dated 30 April 2015: Listing of Public Entities in terms of the Public Finance Management Act, 1999 (Act No 1 of 1999).

 

(k)      Government Notice No 358, published in Government Gazette, No 38735, dated 30 April 2015: Listing of Public Entities in terms of the Public Finance Management Act, 1999 (Act No 1 of 1999).

 

(l)       Government Notice No R.425, published in Government Gazette, No 38804, dated 22 May 2015: Amendment of rules (DAR/145) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(m)     Government Notice No R.426, published in Government Gazette, No 38804, dated 22 May 2015:  Amendment of Schedule No 4 (No 4/2/370) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(n)      Government Notice No R.427, published in Government Gazette, No 38804, dated 22 May 2015: Amendment of Schedule No 6 (No 6/33) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(o)     Government Notice No R.428, published in Government Gazette, No 38804, dated 22 May 2015: Amendment of Schedule No 6 (No 6/1B/01) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

(p)     Government Notice No R.429, published in Government Gazette, No 38804, dated 22 May 2015: Amendment of Schedule No 6 (No 6/1C/40) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(q)     Government Notice No R.430, published in Government Gazette, No 38804, dated 22 May 2015: Amendment of Schedule No 6 (No 6/1D/03) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

 (r)     Government Notice No R.437, published in Government Gazette, No 38823, dated 29 May 2015: Amendment of Schedule No 1 (No 1/1/1517) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(s)      Government Notice No R.438, published in Government Gazette, No 38823, dated 29 May 2015: Amendment of Schedule No 6 (No 6/1D/04) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(t)      Government Notice No R.445, published in Government Gazette, No 38834, dated 29 May 2015: Amendment of Schedule No 1 (No 1/1/1518) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(u)      Government Notice No R.457, published in Government Gazette, No 38845, dated 5 June 2015: Second publication of draft regulations made under sections 5(1) and 107(2) of the Financial Markets Act, 2012 (Act No 19 of 2012).

(v)      Government Notice No 461, published in Government Gazette, No 38844, dated 5 June 2015: Exemption in terms of section 74 of the Financial Intelligence Centre Act, 2001 (Act No 38 of 2001).

 

(w)     Government Notice No R.512, published in Government Gazette, No 38878, dated 19 June 2015: Amendment of rules (DAR/155) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(x)      Government Notice No R.533, published in Government Gazette, No 38891, dated 19 June 2015: Amendment of Schedule No 1 (No 1/1/1519) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(y)      Government Notice No 541, published in Government Gazette, No 38906, dated 23 June 2015: Exemption of Ekurhuleni Metropolitan Municipality from Regulation 45(2)(a)(x) of Asset Transfer Regulations 2008, granted in terms of section 177(1)(b) of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).

 

(z)      Government Notice No 546, published in Government Gazette, No 38916, dated 26 June 2015: Allocations to Metropolitan Municipalities of General Fuel Levy Revenue in terms of item 3(2)(a) of Schedule 1 of the Taxation Laws Amendment Act, 2009 (Act No 17 of 2009).

 

(aa)    Government Notice No R.566, published in Government Gazette, No 38925, dated 3 July 2015: Amendment of rules (DAR/156) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(bb)   Government Notice No R.567, published in Government Gazette, No 38925, dated 3 July 2015: Amendment of Schedule No 2 (2/1/367) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(cc)    Government Notice No R.568, published in Government Gazette, No 38925, dated 3 July 2015: Amendment of Schedule No 3 (3/1/709) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(dd)   Government Notice No R.653, published in Government Gazette, No 39035, dated 31 July 2015: Amendment of Schedule No 6 (1/1/1520) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(ee)    Government Notice No R.654, published in Government Gazette, No 39035, dated 31 July 2015: Amendment of Schedule No 1 (1/1/1520) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(ff)     Government Notice No R.655, published in Government Gazette, No 39035, dated 31 July 2015: Amendment of Schedule No 2 (2/1/368) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

(gg)   Government Notice No 722, published in Government Gazette, No 39100, dated 14 August 2015: Amendment of Schedule No 4 (4/6/2) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

(hh)    Government Notice No 723, published in Government Gazette, No 39100, dated 14 August 2015: Amendment of Paragraph 8 of Schedule 1 in terms of section 74(3)(a) the Value-Added Tax Act, 1964 (Act No 89 of 1991).

 

(ii)      Government Notice No 724, published in Government Gazette, No 39100, dated 14 August 2015: Amendment of Schedule No 4 (No 4/6/3) in terms of the Customs and Excise Act, 1964 (Act No 91 of 1964).

 

  1. The following papers are referred to the Standing Committee on Finance for consideration and report. The Reports of the Auditor‑General and Independent Auditors on the Financial Statements are referred to the Committee on Public Accounts for consideration:

 

  1. Report and Financial Statements of the Land Bank for 2014-15, including the Report of the Auditor-General on the Consolidated Financial Statements of the Land and Agricultural Development Bank of South Africa (Land Bank) for 2014-15  [RP224‑2015].

 

  1. Report and Financial Statements of the Financial Services Board for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP292-2015].

 

  1. Report and Financial Statements of the Financial and Fiscal Commission (FFC) for 2014‑15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

 

  1. Report and Financial Statements of the Financial Intelligence Centre for 2014-15,  including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

 

  1. Report and Financial Statements of the Independent Regulatory Board for Auditors for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP249-2015].

 

  1. Report and Financial Statements of the Accounting Standards Board for 2014-15, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2014-15 [RP206-2015].

 

  1. Report and Financial Statements of the Cooperative Banks for 2014-15.

 

  1. Annual Financial Statements of the Corporation for Public Deposits for the year ended 31 March 2015.

 

  1. The following paper is referred to the Joint Standing Committee on Defence for consideration and to the Portfolio Committee on Defence and Military Veterans:

 

  1. 2015 Second Quarterly Report of the National Conventional Arms Control Committee (NCACC) for April – June 2015, tabled in terms of section 23(1)(c) of the National Conventional Arms Control Act, 2002 (Act No 41 of 2002).

 

  1. The following papers are referred to the Portfolio Committee on Environmental Affairs for consideration and report. The Reports of the Auditor‑General on the Financial Statements are referred to the Committee on Public Accounts for consideration:

 

  1. Report and Financial Statements of Vote 30 – Department of Environmental Affairs for 2014‑15, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 30 for 2014-15 [RP327-2015].

 

  1. Report and Financial Statements of the South African National Biodiversity Institute for 2014‑15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15. 
  2. Report and Financial Statements of the South African Weather Service for 2014‑15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP242-2015].

 

  1. Report and Financial Statements of the South African National Parks (SANParks) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP143-2015].

 

  1. Report and Financial Statements of the iSimangaliso Wetland Park Authority for 2014‑15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

 

  1. The following papers are referred to the Portfolio Committee on Defence and Military Veterans for consideration and report. The Report of the Auditor‑General on the Financial Statements is referred to the Committee on Public Accounts for consideration:

 

  1. Report and Financial Statements of Vote 22 – Department of Military Veterans for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 22 for 2014-15 [RP 146-2015].

 

  1. The following papers are referred to the Portfolio Committee on Cooperative Governance and Traditional Affairs for consideration and report. The Reports of the Auditor‑General on the Financial Statements are referred to the Committee on Public Accounts for consideration:

 

  1. Report and Financial Statements of the South African Local Government Association (Salga) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP165-2015].

 

  1. Report and Financial Statements of the Municipal Demarcation Board (MDB) for 2014‑15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP223-2015].

 

  1. Report and Financial Statements of the Municipal Infrastructure Support Agent (Misa) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP141-2015].

 

  1. The following papers are referred to the Portfolio Committee on Justice and Correctional Services for consideration and report. The Report of the Auditor‑General on the Financial Statements is referred to the Committee on Public Accounts for consideration:

 

  1. Report and Financial Statements of the Public Protector South Africa for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

 

  1. The following papers are referred to the Portfolio Committee on Tourism for consideration and report. The Reports of the Auditor‑General on the Financial Statements are referred to the Committee on Public Accounts for consideration:

 

  1. Report and Financial Statements of Vote 35 – Department of Tourism for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 35 for 2014-15 [RP156-2015].

 

  1. Report and Financial Statements of South African Tourism (SAT) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

 

  1. The following papers are referred to the Portfolio Committee on Trade and Industry for consideration and report. The Reports of the Auditor‑General and Independent Auditors on the Financial Statements are referred to the Committee on Public Accounts for consideration:

 

  1. Report and Financial Statements of the National Gambling Board for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP306-2015].

 

  1. Report and Financial Statements of the National Lotteries Commission for 2014-14, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 and the Financial Statements of the National Lottery Distribution Trust Fund for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

 

  1. Report and Financial Statements of the National Credit Regulator (NCR) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP14-2015].

 

  1. Report and Financial Statements of the National Consumer Tribunal for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

 

  1. Report and Financial Statements of the Companies and Intellectual Property Commission (CIPC) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.
  2. Report and Financial Statements of the National Consumer Commission for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP219-2015].

 

  1. Report and Financial Statements of the Companies Tribunal for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

 

  1. Report and Financial Statements of the National Metrology Institute of South Africa for 2014-15, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2014-15 [RP261-2015].

 

  1. Report and Financial Statements of the South African National Accreditation System (SANAS) for 2014-15, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2014-15 [RP218-2015].

 

  1. Report and Financial Statements of South African Bureau of Standards (SABS) for 2014‑15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

 

  1. Report and Financial Statements of the National Regulator for Compulsory Specifications (NRCS) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP277-2015].

 

  • Report and Financial Statements of Export Credit Insurance Corporation of South Africa (ECIC) Soc Ltd  for 2014-15, including the  Report of the Independent Auditors on the Financial Statements and Performance Information for 2014-15.

 

  1. Report and Financial Statements of the National Empowerment Fund (NEF) for 2014‑15, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2014-15 [RP157-2015].

 

  • Report and Financial Statements of the South African Council for the Non-Proliferation of Weapons of Mass Destruction for the period April 2014 to 31 March 2015.

 

  • Report and Financial Statements of the Technology and Human Resources for  Industry Programme (THRIP) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

 

  1. Report and Financial Statements of Vote 36 – Department of Trade and Industry for 2014‑15, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 36 for 2014-15 [RP328-2015].

 

  1. The following papers are referred to the Portfolio Committee on Science and Technology for consideration and report. The Reports of the Auditor‑General and Independent Auditors on the Financial Statements are referred to the Committee on Public Accounts for consideration:

 

  1. Report and Financial Statements of the South African Council for Natural Scientific Professions (SACNASP) for 2014-15, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2014-15.

 

  1. Report and Financial Statements of the Academy of Science of South Africa (Assaf) for 2014‑15, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2014-15.

 

  1. Report and Financial Statements of the National Research Foundation (NRF) for 2014‑15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

 

  1. Report and Financial Statements of the Human Sciences Research Council (HSRC) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

 

  1. Report and Financial Statements of the Council for Scientific and Industrial Research (CSIR) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP170-2015].

 

  1. Report and Financial Statements of the National Advisory Council on Innovation for 2014‑15.

 

  1. Report and Financial Statements of the Technology Innovation Agency (TIA) for 2014‑15, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2014-15.

 

  1. Report and Financial Statements of the South African National Space Agency (Sansa) for 2014‑15, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2014-15 [RP307-2015].

 

  1. The following paper is referred to the Portfolio Committee on Social Development for consideration and report:

 

  1. Petition from residents of the East Rand, calling for an investigation into reasons for the chronic underfunding of its child welfare organisations, submitted in terms of Rule 312 (Mr M Waters MP).

 

  1. The following papers are referred to the Committee on the Auditor‑General for consideration and report. The Report of the Independent Auditors on the Financial Statements is referred to the Committee on Public Accounts for consideration:

 

  1. Integrated Report and Financial Statements of the Office of the Auditor-General of South Africa for 2014‑15, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2014‑15 [RP338-2015].

 

  1. The following papers are referred to the Portfolio Committee on Public Service and Administration as well as Monitoring and Evaluation for consideration and report. The Reports of the Auditor‑General on the Financial Statements are referred to the Committee on Public Accounts for consideration:

 

(a)      Report and Financial Statements of Vote 39 (Previously Vote 6) – Department of Planning, Monitoring and Evaluation for 2014-15, including the Report of the Auditor‑General on the Financial Statements and Performance Information of Vote 39 (Previously Vote 6) for 2014-15 [RP 325-2015].

 

  1. Report and Financial Statements of the National Youth Development Agency (NYDA) for 2014‑15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

 

  1. The following papers are referred to the Portfolio Committee on Trade and Industry:

 

  1. Government Notice No 678, published in Government Gazette No 39066, dated 7 August 2015: Notice in terms of section 23 of the Counterfeit Goods Act, 1997 (Act No 37 of 1997).

 

  1. Progress Report on Implementation of the Industrial Policy Action Plan (IPAP) for the year April 2014 – March 2015.

 

  1. The following papers are referred to the Portfolio Committee on Labour for consideration and report. The Reports of the Auditor‑General and Independent Auditors on the Financial Statements are referred to the Committee on Public Accounts for consideration:

 

  1. Report and Financial Statements of Vote 18 – Department of Labour for 2014‑15, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 18 for 2014-15 [RP221-2015].
  2. Report and Financial Statements of the Unemployment Insurance Fund (UIF) for 2014‑15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP154-2015].

 

  1. Report and Financial Statements of Productivity South Africa for 2014‑15, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2014-15 [RP314-2015].

 

  1. Report and Financial Statements of the Commission for Conciliation, Mediation and Arbitration (CCMA) for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15 [RP 210-2015].

 

  1. Report and Financial Statements of the National Economic Development and Labour Council (Nedlac) for 2014-15, including the Report of the Auditor-General on the Financial Statements for 2014-15.

 

  1. Report and Financial Statements of the Compensation Fund for 2014‑15, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2014-15.

 

  1. The following paper is referred to the Portfolio Committee on Basic Education for consideration and report:
    1. Petition from residents of Limpopo, requesting an audit of the schools feeding programme in that province, submitted in terms of Rule 312 (Ms D van der Walt MP).

 

TABLINGS

 

National Assembly and National Council of Provinces

 

  1. The Minister of Finance

 

  1. Report and Financial Statements on the Registrar of Friendly Societies for 2013 [RP 325-2014].

 

National Assembly

 

  1. The Speaker

 

(a)      Reply from the Minister of Health to recommendations in a motion (moved without notice by Mr N Singh MP) agreed to by the House on 9 September 2014.

 

Referred to the Portfolio Committee on Health.

 

TUESDAY, 8 SEPTEMBER 2015

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.       The Minister of Justice and Correctional Services

 

(a)   Report dated 02 August 2015 by the Magistrates Commission on the conditional upliftment of the provisional suspension of Mr P S Hole, a Regional Magistrate at Kimberley, in terms of a resolution of the Assembly on 20 June 2013. (6th Report).

 

(b)   Progress report dated 02 August 2015 on the provisional suspension from office of Mr I W O M Morake, a magistrate at Lichtenburg, in terms of section 13(3)(f) of the Magistrates Act, 1993 (No 90 of 1993).

 

(c)   Progress report dated 02 August 2015 on the provisional suspension from office of Mr M J Kgomo, an additional magistrate at Randburg, in terms of section 13(3)(f) of the Magistrates Act, 1993 (No 90 of 1993).

 

(d)   Progress report dated 02 August 2015 on the provisional suspension from office of Ms J F Van Schalkwyk, chief magistrate at Kempton Park, in terms of section 13(3)(f) of the Magistrates Act, 1993 (No 90 of 1993).

 

(e)   Progress report dated 02 August 2015 on the provisional suspension from office of Mrs R M Malahlela, aspirant additional magistrate at Delma, in terms of section 13(3)(f) of the Magistrates Act, 1993 (No 90 of 1993).

 

  1. The Minister in The Presidency: Planning, Monitoring and Evaluation

 

(a)    Report and Financial Statements of Vote 13 - Statistics South Africa for 2014-15, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 13 for 2014-15 [RP 160-2015] (Book 1) and [RP 161-2015] (Book 2).

 

COMMITTEE REPORTS

 

National Assembly

 

Please see pages 3409-3410 of the ATCs.

 


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