Hansard: NCOP: Unrevised hansard
House: National Council of Provinces
Date of Meeting: 11 Sep 2012
Summary
No summary available.
Minutes
UNREVISED HANSARD
TUESDAY, 11 SEPTEMBER 2012
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PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
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The Council met at 14:04.
The Deputy Chairperson (Ms T C Memela) 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
Mr M P JACOBS: I hereby give notice that on the next sitting day of the Council I shall move on behalf of the ANC:
That the Council -
(1) notes the results of research by the SA Institute of Race Relations released recently that have revealed that the living standard of South Africans has been steadily improving since 2001;
(2) further notes that despite criticism and media reports that government has failed, this research in fact revealed the remarkable performance of the ANC government and its achievements over the past 10 years, among others in that:
(a) the number of households living in a formal house has during the past five years alone increased by 92%, from 5,7 million to 11 million;
(b) increases of similar magnitude also apply to every other area of service delivery, such as access to piped water, electricity, toilets, refuse removal and the like; and that;
(c) government has increased its social security net to allow orphans, poor families and fatherless children also to benefit; and
(3) takes this opportunity to commend the ANC and government on its vision, policies and dedication despite many challenges and mindful that a lot still needs to be done, and also commends it on its achievements to improve the living conditions of South Africans in order to ensure a better life for all.
Mr D A WORTH: I hereby give notice that on the next sitting day of the Council I shall move on behalf of the ANC:
That the Council –
(1) notes that more than 21 000 legal abortions were performed in the Free State in 2011 alone, a shocking increase from the 16 400 recorded in the previous year;
(2) further notes that the Free State figure of 21 994 makes up more than 28% of the 77 771 abortions performed in the entire South Africa in 2011 despite the Free State having only 5,7% of the population;
(3) notes that the figures, according to the Minister of Health, does not include terminations made at back-yard and private clinics;
(4) notes that something is very wrong in the Free State and the situation of rape and abuse could contribute to the increase in abortions; and
(5) notes that the Free State, with an HIV prevalence rate of 21,6%, is among South Africa’s worst affected provinces and it seems that the frightening HIV figures have done little to persuade people to become sexually responsible.
Mr Z MLENZANA: I hereby give notice that on the next sitting day of the Council I shall move on behalf of Cope:
That the Council -
(1) notes the ongoing political killings of ruling party members in KwaZulu-Natal and the psychological impact this could have on voters;
(2) further notes that if these murders are not properly investigated, then South Africa could be destabilised by either a third force, bent on creating divisions between political factions relating to access to tenders, or by competition for political posts;
(3) that this current state of affairs cannot continue, otherwise South Africa risks becoming a criminal state; and
(4) calls upon the Minister of Police to monitor closely and gather intelligence on these political killings.
Mrs E C VAN LINGEN: Hon Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the DA:
That the Council -
(1) notes that in the Cacadu District Municipality there are 17 mobile clinics that cannot operate because their licences have not been renewed;
(2) further notes that the spokesperson for the Eastern Cape department of Health is not contactable and that officials refer concerned parties and politicians to the department of public transport, whom they infer to be responsible;
(3) that this current state of affairs cannot continue, or South Africa risks becoming a criminal state; and
(4) calls on the House to:
(a) address the situation of the licences of mobile clinics in the Cacadu District and in the rest of the Eastern Cape;
(b) demand that MECs of health and public transport in the Eastern Cape immediately resolve the licence issue, pay the fees and put the mobile clinics back on the road;
(c) have the MEC for health submit a full report by the end of October 2012 on the reasons why licences were not renewed, what the ultimate costs were pertaining to this issue, who was responsible and how many patients suffered; and
(d) debate the state of health in the province since the Department of Health took over the function from the district municipalities.
Mr M W MAKHUBELA: I hereby give notice that on the next sitting day of the Council I shall move on behalf of Cope:
That the Council -
(1) notes that the education system of this country is in a state of complete collapse; and
(2) calls on the Minister of Education to establish a task team to investigate the current system of education in order to come up with a model that will be comparable with other progressive countries.
Mr J J GUNDA: I hereby give notice that on the next sitting day of the Council I shall move on behalf of ID:
That the Council -
(1) notes the Auditor-General’s report concerning local government on the quality of service delivery; and
(2) further notes that municipalities that received clean financial audits had neither delivered adequate services nor created sustainable jobs and there is a lack of sustainable local economic development for upcoming entrepreneurs.
Mr W F FABER: I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:
That the Council -
(1) notes that the recent report of National Treasury, which stipulates that R77,6 million is owed to local government across South Africa, is shocking and a picture of the failure in municipalities;
(2) further notes that the Act, which stipulates the education, skills and experience requirements for municipal managers and senior officials, was passed more than a year ago and Minister Baloyi missed a number of deadlines to finalise regulations;
(3) notes that as service delivery is failing in ANC-ruled municipalities, so is Minister Baloyi failing in his duty to come with regulations as ruled by law;
(4) notes that Minister Baloyi must take the bold step either to present the regulations or to say why he is in breach of the law; and
(5) further notes that the DA requests the House to debate the ignorance by the ANC government to adhere to law.
Mr F ADAMS: I hereby give notice that on the next sitting day of the Council I shall move on behalf of the ANC:
That the Council -
(1) notes with concern that the Western Cape provincial government and the DA-led City of Cape Town are not prepared to release vast areas of land owned by it for housing development for the poor while the provincial government has given clearance for the development of a 9 000?² shopping mall to be built on the shores of Princess Vlei, a very sensitive wetland fynbos area owned by the City;
(2) further notes that Mayor Patricia de Lille has refused to inform the people of Cape Town whether the City supports the development of the shopping mall or not.
(3) notes that as she apparently acts under the instructions of the DA and its leader, Helen Zille, she instead referred enquiries from the public to the MEC for Local Government, Environmental Affairs and Development Planning while the provincial government and the city are forcing poor people to the townships; and
(4) acknowledges that this state of affairs displays the lack of transparency and openness of the DA-led provincial government and the City of Cape Town and calls on the Minister of Co-operative Governance and Traditional Affairs; of Human Settlements and of Water and Environmental Affairs to investigate the matter as a matter of urgency and to intervene appropriately.
Mr V M MANZINI: I hereby give notice that on the next sitting day of the Council I shall move on behalf of the DA:
That the Council -
(1) notes that City of Cape Town residents will now be able to arrest errant motorists in their own communities;
(2) further notes that the City of Cape Town is preparing to train traffic reservist wardens;
(3) notes the training programme will be reduced to a phase of three months;
(4) notes that reservists will be able to issue tickets and pull over speeding motorists; and
(5) notes that this is in line with a move in traffic services towards increased visible enforcement.
Mr H B GROENEWALD: Deputy Chairperson, I hereby give notice that on the next sitting day of the Council I shall move on behalf of the DA:
That the Council —
(1) notes that taxpayers paid more than R33 million to build a border post at Skilpadhek between South Africa and Botswana without laying a single brick;
(2) further notes that the corrupt officials of the Department of Public Works collected R1,25 million from the contractor for the favour to them;
(3) notes that taxpayers’ money is also being spent on four buildings that are not being utilised by the state and have been empty for more than three years;
(4) notes that the Minister of Public Works said that all the financial losses and corruption can amount to billions of rands in his department; and
(5) notes that the DA is asking for the special intervention unit to support the Minister in fighting the corruption in his department.
Mr S S MAZOSIWE: Madam, I apologise profusely. My motion was moved by me previously. [Laughter.]
POOR STATE OF SCHOOLS IN GAUTENG
(Draft Resolution)
Ms B V MNCUBE: Hon Deputy Chair, I hereby move without notice:
That the Council —
(1) notes that the provincial department of basic education in Gauteng and the schools in the province remain under constant pressure with a shortage of school infrastructure such as school buildings, classrooms, equipment, educators and the like. Some schools had to convert their staffrooms into classrooms to accommodate the growing number of learners;
(2) further notes that such shortages are caused as a result of enrolment constantly increasing at schools as a result of families relocating to certain school catchment areas and otherwise mainly because of consistently high levels of migration to the province; and
(3) notes that the provincial department of education will, among others, provide further or additional classrooms at 93 of the schools in the current financial year and commends the department in its efforts to ensure that learners are not deprived of the right to attend a school nearest to their homes.
Motion agreed to in accordance with section 65 of the Constitution.
Mrs E C VAN LINGEN: Hon Chairperson, I move without notice on behalf of the DA:
That the Council —
(1) notes that all the Eastern Cape legislatures’s portfolio committees are conducting oversight in Kouga and Koukamma Municipalitites this week 10-14 September as a forerunner to The Legislature to the People, which will take place in Humansdorp from 8 to 12 October 2012;
(2) further notes that the DA in Kouga and Koukamma welcomes the oversight visits and that we will make every effort to support the portfolio committees in their endeavour to gain ground-level information relating to each department they are responsible for politically;
(3) calls on the Eastern Cape legislature through this Council to submit the following:
(a) the full report of the oversight visit to the NCOP as soon as possible; and
(b) copies of the speeches of the debate in Humansdorp after the debate in October; and
(4) calls on the Council to:
(a) debate the above documents and findings of The Legislature to the People of Kouga and Koukamma in the NCOP and what the provincial leadership proposes as turnaround plans for these two municipalities to turn these into financially sustainable municipalities.
(b) consider what the provincial leadership proposes as turnaround plans for these two municipalities to turn them into financially sustainable municipalities.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Is there an objection to the motion?
HON MEMBERS: Yes!
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): In light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of motion.
CONDOLENCES TO FAMILY OF DAN SETSHEDI
(Draft Resolution)
Mrs B L ABRAHAMS: Hon Chairperson, I move without notice on behalf of the DA:
That the Council —
(1) notes the passing away of Dan Setshedi a former SABC radio and television sports commentator;
(2) further conveys condolences to his family;
(3) notes that he was affectionately called “Tshimega”, meaning Champion, by Radio Tswana listeners;
(4) notes that Dan Setshedi was an 80-year-old veteran presenter and died over the weekend after a long illness; and
(5) notes that he joined the SABC in 1964 and started at the now defunct Radio Bantu, where he worked himself into the hearts of many Radio Tswana listeners.
May his soul rest in peace and rise in glory.
Motion agreed to in accordance with section 65 of the Constitution.
FINDINGS OF SURVEY ON QUALITY OF LIFE IN GAUTENG
(Draft Resolution)
Ms M P THEMBA: Hon Deputy Chair, I move without notice:
That the Council -
(1) notes the findings made in a joint survey by Gauteng provincial government and the Universities of Johannesburg and the Witwatersrand on the quality of life, which was conducted last year, during which almost 17 000 people in Gauteng were interviewed;
(2) further notes that the quality of life survey found that 93% of households had access to piped water, and 91% of households had access to either a flush toilet or waterborne toilets. It was found that 82% of Johannesburg residents were satisfied with water services, 79% were satisfied with sanitation and 85% were satisfied with waste removal;
(3) notes that Gauteng has fared extremely well during the past two years of global economic recession and overall quality of life has risen very slightly for the province as a whole. The report also found that the areas of concern were public safety, public transport and access to economic opportunities; and
(4) welcomes the findings, which paint a good picture of one of the biggest metros in our country, and wishes to encourage the City of Johannesburg and all other municipalities to continue to do more in changing the lives of its citizens.
Motion agreed to in accordance with section 65 of the Constitution.
DISRUPTION AND CLOSURE OF SCHOOLS
(Draft Resolution)
Ms D Z RANTHO: Hon Chairperson, I move without notice:
That the Council –
(1) notes with concern and utter discontentment the recent disruption at schools, as well as the large number of schools that are closed due to protests and intimidation;
(2) notes, among other issues, that 41 of 65 schools in the John Taolo Gaetsewe District Municipality in the Northern Cape have been closed since June 2012 due to protests and intimidation that are not related to education but to the unhappiness of the communities over the lack of tarred roads in the municipality;
(3) further notes that in the Western Cape, education was disrupted in various schools due to the recent service delivery protests, and at Kayamandi High School in Kayamandi, Stellenbosch, the school was without electricity for the past two weeks as a result of illegal electricity connections to the school’s electricity supply by the community adjacent to it; and
(4) takes this opportunity to express serious concern that the disruption and closure of schools severely impact on the schools, on learners and on education in general, and that it deprives learners of quality education and teaching time and jeopardises their preparation for the upcoming September exams.
Motion agreed to in accordance with section 65 of the Constitution.
REJECTION OF STATEMENT BY MR LEES ON LOAN AMOUNT BETWEEN SOUTH AFRICA AND SWAZILAND
(Draft Resolution)
Ms M G BOROTO: Deputy Chair, I move without notice:
That the Council-
(1) notes that on Tuesday, 28 August 2012 the hon Mr Alf Lees moved without notice that the R1,4 billion bailout to the Kingdom of Swaziland was unacceptable and asked that the House call on government to refuse financial assistance to Swaziland;
(2) further notes that on the same day the Minister of Finance, Mr P Gordhan, issued a statement ... [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Boroto, can you just hold on? Hon Van Lingen, I can see that you are standing up.
Mrs E C VAN LINGEN: Deputy Chairperson, I rise on a point of order: We passed a motion in this matter last week and it cannot be raised again.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Van Lingen, do me favour ... [Interjections.]
Mrs E C VAN LINGEN: Deputy Chairperson, we have a ruling in this regard. [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Order! I was still talking.
Mrs E C VAN LINGEN: I am sorry.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): I was still talking to you in particular. [Interjections.] Okay, hon member, are you listening to me now? You have asked me to make a ruling. With regard to the matter proposed for discussion in the Council, I would then say that paragraph A does not prevent the Council from amending or resending any order, resolution or vote on the previous draft resolution. I hope that it is clear enough. Thank you. Hon Boroto, you may continue.
Ms M G BOROTO: Deputy Chair, I was saying, ...
(2) ... further notes that on the same day the Minister of Finance, Mr P Gordhan, issued a statement clarifying that -
(a) no amount of money had been paid by the government of South Africa to Swaziland;
(b) the negotiations between South Africa and Swaziland did not include R1,4 billion, as Mr Lees reported to the Council; and
(c) the negotiations between South Africa and Swaziland were in fact over a possible loan of R2,4 billion, which had not been paid and no plans had been made to pay this amount or the R1,4 billion mentioned by hon Lees;
(3) notes that the negotiations by authorities of the two countries are still under way;
(4) takes this opportunity to reject with utter contempt the misleading statement made by hon Lees; and
(5) resolves that hon Lees be asked to withdraw his statement and should he fail to do so, that this matter be referred to the Presiding Officers to investigate the factual inaccuracies in the motion moved by hon Lees and that they should report back to the House.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Order! Is there any objection to the motion? [Interjections.] I will do it again for you, Mrs Van Lingen. Is there any objection to the motion? [Interjections.] The majority said ... [Interjections.] Hon Van Lingen, hon Van Lingen, hon Van Lingen! [Interjections.] Either we reach an understanding or we don’t. I am very serious about this. Don’t you dare shout at me! I treat everybody in this Council the same. I am pleading with you, and not for the first time. Don’t you dare shout at me! Hon member, do you have an objection?
Mr K A SINCLAIR: Yes, Deputy Chairperson. [Interjections.]
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Boroto, you brought this up. Are you ... [Laughter.] Don’t you dare ...
Mr K A SINCLAIR: Sorry, hon Deputy Chair.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Don’t you dare! Don’t you dare! I am talking to an hon member. Do you understand? Hon Boroto, can you just read the first part?
Ms M G BOROTO: Yes, Deputy Chair: “I hereby move without notice that the Order Paper be amended to include the resolution that the Council ...”
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Order! She has proposed an amendment. [Interjections.] She proposed an amendment, so in that case ... Can you please sit down until I finish this sentence? Then I will ask you to make your objection or whatever. Please!
Mr K A SINCLAIR: Chair, you know, that is my ...
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Please!
Mr K A SINCLAIR: Thank you.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): If that be the case, I will ask the provinces to vote. Are all the people present?
Mr A LEES: Hon Chair, thank you for the opportunity. On a point of order: Could I please be informed in terms of which Rule the provinces are now voting?
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Well, the decision will be taken in accordance with section 65. I am proceeding now. Please ...
Mr K A SINCLAIR: Chairperson, this matter is actually very easy. In my understanding, we are busy with an item on the Order Paper - motions without notice. In terms of that, if there is an objection to a motion, then it’s rejected. Am I right or am I wrong?
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Order! I have just said something; right now: Let the provinces vote on this motion.
Mr D V BLOEM: Chair, I can’t start voting.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): No, you can’t stop me, hon member, you can’t. Sit down, please.
Mr K A SINCLAIR: Chair, with due respect ...
Mr D V BLOEM: Chair, can I speak?
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Sit down, please.
Mr D V BLOEM: Can I speak?
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Do me a favour and sit down. I haven’t given you permission to speak, hon Bloem. I’m now allowing you to speak.
Mr D V BLOEM: Chairperson, let’s do the simple thing - majority rule, mama. Let’s take the simple route - majority rule – and then this thing will be over.
Ms M G BOROTO: Deputy Chair, there is a proposal for an amendment here, and if we are going to do that, it is proper that we do it according to the Rules. You have ruled on that, saying the provinces should vote. Can we please do that? Thank you.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Order! I’m proceeding. I am now proceeding. I am not going to take any hands; I am proceeding.
Question put: That the motion be agreed to.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape and North West.
AGAINST: Western Cape.
Motion agreed to in accordance with section 65 of the Constitution.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Lees, I am not going to entertain any further discussion on this issue because voting has taken place. Thank you, sir. [Interjections.] You will what? No, repeat it. [Interjections.]
Mr A LEES: Deputy Chair, I’m saying to the hon member that we will approach the Chairperson after this. There’s nothing wrong with that.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Which member?
Mr A LEES: The member over there.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Who is that member and what did he say? Hon member, with due respect, we are busy dealing with serious matters. So, if you want to converse with someone else, please do it softly. Thank you. Hon Lees, I rule you out of order.
Mr A LEES: Madam Chair, am I allowed to put my point of order?
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Unfortunately we have voted. Can you take your seat, please? Can you put it in writing?
Mr A LEES: Madam Chair, I wish to raise a point of order, please.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Lees, I am not going to entertain you any further. Thank you very much.
Ms M G BOROTO: Chair, hon Lees wants to raise a point of order, but we have finalised the process. If there are problems, they know which processes to follow. Thank you, Chair.
GOVERNMENT AND PRIVATE SECTOR PARTNERSHIP TO IMPROVE PEOPLE’S EDUCATION
(Draft Resolution)
Mr A J NYAMBI: I hereby move without notice:
That the Council -
(1) notes with a great sense of pride a laboratory launched at Umlazi, which was made possible by a government and private-sector partnership and has benefited learners from two schools outside Durban;
(2) further notes that a major refinery in the area sponsored two state-of-the-art science laboratories at Umlazi and Isipingo High Schools. The new labs, built by Sapref, are world class physical science labs and have the potential to inspire the pupils’ career paths; and
(3) commends this great initiative and partnership by government and the private sector and encourages other provinces and departments to do the same and continue to improve the education of our children.
Motion agreed to in accordance with section 65 of the Constitution.
COUNCILLOR NDAWENI MAHLANGU BROUGHT HOPE TO RESIDENTS OF THEMBISILE HANI LOCAL MUNICIPALITY
(Draft Resolution)
Mr B L MASHILE: I hereby move without notice:
That the Council -
(1) notes the achievement of Councillor Ndaweni Mahlangu, the mayor of Thembisile Hani Local Municipality in Kwaggafontein in Mpumalanga, to improve the municipality’s collection rate by 18% since his appointment only in June last year;
(2) notes that given Mayor Mahlangu’s appointment only a year ago, and despite the fact that the municipality is one of the identified poverty-stricken municipalities in the province, he has managed to develop and implement a turnaround strategy, thereby turning the tide and stabilising the municipality through responsible leadership;
(3) further notes that with this leadership, the mayor has not only improved the capacity of the municipality to deliver better services to its communities but has also given them hope for a better life in future; and
(4) takes this opportunity to commend and congratulate Mayor Ndaweni Mahlangu on his leadership and calls on the leadership in all other municipalities to follow suit, and further calls on provincial government, the provincial department of co-operative governance and traditional affairs, the provincial treasury, as well as the SA Local Government Association to render ongoing assistance and support to the municipality and to ensure that the initiative and leadership of the mayor gain further momentum.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Are there any objections?
HON MEMBERS: Yes!
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): In view of the objection, the motion may not be proceeded with. The motion without notice therefore becomes a notice of motion.
Mr Lees, you are on the list - I wonder if you are still interested? Hon members, we’ve wasted a lot of time. I have to cut it short and proceed with the next item.
Mr A LEES: I will take the opportunity but I do not appreciate the comment you made, Chairperson.
ZIMBABWEAN GOVERNMENT APPROACHED SA GOVERNMENT FOR FINANCIAL ASSISTANCE
(Draft Resolution)
Mr A LEES: Madam Chair, on behalf of the DA I hereby move without notice:
That the Council –
(1) notes that the Zimbabwean government has approached the South African government for financial assistance and that Minister Gordhan is due to meet Zimbabwean Finance Minister Biti later this month;
(2) further notes the failure of Zanu PF to allow the full implementation of the accord agreed upon between Zanu PF and the MDC, the failure of Zanu PF to accept the constitution that it has negotiated with the MDC and the reported intimidation tactics against their opponents adopted before previous elections by Zanu PF, as well as the apparent current escalation of these tactics;
(3) the Council therefore resolves to call upon the South African government to impose strict conditions on any financial assistance to Zimbabwe and that such conditions must include:
(a) the full implementation of the accord agreed to between the MDC and Zanu PF;
(b) the adoption by Zanu PF of the new constitution for Zimbabwe as negotiated with the MDC;
(c) the implementation of the Universal Declaration of Human Rights;
(d) the immediate cessation of political intimidation and the full protection by the police and justice of anyone exposed to intimidation and violence.
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Are there any objections?
HON MEMBERS: Yes!
The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): In view of the objection, the motion may not be proceeded with. The motion without notice therefore becomes a notice of motion.
DESIGN, DEVELOPMENT AND BUILDING OF SOLAR CAR BY NELSON MANDELA METROPOLITAN UNIVERSITY STUDENTS
(Draft Resolution)
Mr M P SIBANDE: Hon Deputy Chair, I move without notice:
That the Council -
(1) notes that a team of engineering students consisting of local and international students from multiple faculties studying at the Nelson Mandela Metropolitan University in Port Elizabeth, Eastern Cape, have, under the sponsorship of Volkswagen South Africa, designed, developed and built a solar car to participate in the third SA Solar Challenge next week;
(2) further notes that renewable energy will play a significant role in the future of the automotive industry and by embarking on this project, the students will gain valuable knowledge and skills that they can bring into the engineering field;
(3) also notes that the car has been designed and manufactured to reduce energy consumption as much as possible and will travel the length and the breadth of South Africa with a 6?² solar deck producing power no more than it takes to run a hairdryer. A battery pack of lithium ion cells usually used for laptops has been integrated to supply enough power in case of the heat from the sun not providing sufficient energy; and
(4) commends and congratulates the students on this unique project and wishes them well for the race and extends its gratitude and appreciation to Volkswagen SA for their substantial financial and technical contribution.
Motion agreed to in accordance with section 65 of the Constitution.
EXTENSION OF DEADLINE BY WHICH AD HOC COMMITTEE WILL REPORT ON CODE OF JUDICIAL CONDUCT AND REGULATIONS ON JUDGES’ DISCLOSURE OF REGISTRABLE INTERESTS
(Draft Resolution)
The ACTING CHIEF WHIP OF THE COUNCIL (Ms M G Boroto): Hon Deputy Chairperson, I move:
That the Council extends the deadline by which the Ad Hoc Committee on the Code of Judicial Conduct and Regulations on Judge’s Disclosure of Registrable Interests has to report, with effect from 7 August 2012 to 30 November 2012.
Question put: That the motion be agreed to.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Motion agreed to in accordance with section 65 of the Constitution.
APPROVAL OF JUDGES’ REMUNERATION IN TERMS OF RELEVANT LEGISLATION
(Draft Resolution)
The ACTING CHIEF WHIP OF THE COUNCIL (Ms M G Boroto): Hon Deputy Chairperson, I move:
That the Council resolves, in terms of section 2(4)(b)(i) of the Judges Remuneration and Conditions of Employment Act, Act 47 of 2001, as amended by section 15 of the Judicial Officers (Amendment of Conditions of Service) Act, Act 28 of 2003, to approve in whole the determination by the President of the Republic of South Africa of the rate of salaries and allowances payable to Constitutional Court Judges and Judges, as it appears in the Draft Notice and Schedule of 23 August 2012, tabled in the Council on 28 August 2012.
Question put: That the motion be agreed to.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Motion agreed to in accordance with section 65 of the Constitution.
DISMISSAL OF SECRETARY TO PARLIAMENT FOR SERIOUS MISCONDUCT
(Draft Resolution)
The ACTING CHIEF WHIP OF THE COUNCIL (Ms M G Boroto): Deputy Chair, on behalf of the Chief Whip of the Council, I move the draft resolution printed in her name on the Order Paper, as follows:
That the Council -
(1) notes that —
(a) in a memorandum dated 1 December 2011, the Secretary to Parliament, Mr Z A Dingani, who is also the Accounting Officer, requested approval from the Executive Authority to Parliament for a “salary advance” in the amount of R186 000 to build a security boundary wall at his private residence;
(b) the Executive Authority approved the request on the basis that the Secretary to Parliament asserted that Parliament’s policies make provision for the granting of advances against salary in exceptional cases;
(c) it was later alleged that said “salary advance” was improper;
(d) as section 67(2)(a) of the Financial Management of Parliament Act, Act 10 of 2009 obliges the Executive Authority to investigate promptly any allegation of financial misconduct against the Accounting Officer, unless it is obviously unfounded, the Executive Authority requested the Auditor-General to investigate the matter;
(e) on 5 April 2012 the Secretary to Parliament was put on paid special leave in order to allow the investigation of the matter by the Auditor-General;
(f) on 9 May 2012 the Auditor-General recommended that disciplinary action be considered against the Secretary to Parliament;
(g) in accordance with section 67(2)(b) of the FMPA, the Executive Authority instituted disciplinary proceedings in accordance with the applicable systems and procedures;
(h) on 18 June 2012 the Secretary to Parliament was charged with nine counts of serious misconduct and, on 3 September 2012, a disciplinary hearing presided over by an external chairperson found him guilty on two of the charges, namely that he -
i. misled the Executive Authority of Parliament with regard to the existence and/or content of policies by misrepresenting to the Executive Authority of Parliament that the policies of Parliament made provision for the granting of a salary advance; and
ii. obtained an interest-free loan of R186 000 from Parliament in contravention of Parliament’s procedures and/or practices and applicable legislation; and
(i) in light of the seriousness of the misconduct and of several key provisions of the FMPA that were contravened, the disciplinary hearing, on 6 September 2012, recommended that the Secretary to Parliament be dismissed with immediate effect;
(2) accepts the findings of the disciplinary hearing; and
(3) resolves that the Secretary to Parliament be dismissed with immediate effect.
Question put: That the motion be agreed to.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Motion agreed to in accordance with section 65 of the Constitution.
MOTION OF CONDOLENCE
(The late Sister Bernard Ncube)
Ms M P THEMBA: Chairperson, I am paying tribute to a struggle hero, Sister Bernard Ncube, who was an activist for women’s rights and a long-time opponent of South African apartheid. As a small, tough as nails, militant Roman Catholic nun, she organised and inspired a generation of women to stand up for their human rights and fight apartheid.
Sister Bernard Ncube was consecutively and sometimes concurrently a member of the Select Committee on Arts, Culture and Language, and on Science and Technology; an alternate member of the Select Committee on the Reconstruction and Development Programme and on Safety and Security; a member of Private Members’ Legislative Proposals and Petitions; a member of the Ad Hoc Committee on the Ratification of the Convention on the Rights of the Child; an alternate member of the Select Committee on Abortion and Sterilisation; a member of the Ad Hoc Committee on the Development Facilitation Bill; and a member of the Joint Standing Committee on Members’ Interests.
Sister Ncube was involved in the launching of the Kagiso Ratepayers Association and the Young Christian Workers Association, which became breeding grounds for a generation of anti-apartheid and trade union activists. Her final deployment was as the mayor of the West Rand District Municipality, where she served between 2002 and 2005.
Indeed, losing a struggle giant and a woman of courage is a great loss. This is the time to celebrate her life and acknowledge her contribution to the struggle and to the empowerment of women. Sister Bernard Ncube was a struggle veteran and a champion of women’s rights in South Africa. Sister Ncube, who died on Friday, 31 August 2012 at the age of 80, played an integral role by organising women in the 1970s and 1980s in the then Transvaal. She also assisted in establishing the Federation of Transvaal Women and later became that organisation’s president.
In 1994, she was elected a member of the first democratic Parliament. She was also the chairperson of the Arts and Culture Portfolio Committee. Comrades, friends and compatriots, it is a challenge for me to share with you the achievements of this stalwart. The formation of the Federation of Transvaal Women demonstrated her concern for women’s issues during the dark days of apartheid. This shows that she was a pragmatist who believed in driving change rather than being an eloquent speaker who did not deliver.
Sister Bernard identified passionately with the frustrations that boiled over in the 1976 student uprising in Soweto. She hid students on the run from the police in her convent and arranged hiding places for those she could not accommodate. She was so loved by her community that it gave her the nickname Mmarona [our mother]. The apartheid security police did not feel the same way about her. Their only aim was to destroy the influence of a 50-year-old Catholic nun who was fighting for the liberation of her people. Her story became one of the most evocative of the 1980s.
When Sister Ncube joined the United Democratic Movement, she had the intellect to understand that although women’s issues were important, the bigger enemy was apartheid. She fought hand in hand with all of us who believed in a democratic, nonsexist South Africa until we established a democratic government. In that democratic government, she played a pivotal role in fighting for legislation that addressed women’s problems. We remember the statistics that showed the prevalence of rape, even then. Therefore, at a time when it was not popular to fight for abortion to enable women who were victims of rape to have this choice, she led this fight and made sure that the legislation on abortion was passed.
I know a lot will be said and has been said about Sister Bernard being a nun, but I must also acknowledge her achievements as a nun, her commitment to her country and her desire for a better life for all. She understood that one could be a Christian but the Christian belief could not be pursued in an oppressive apartheid system. It was therefore better to fight with the collective so that we could all practise our various beliefs in a democratic South Africa.
Her life must serve as a reminder to all women that the struggle for the emancipation of women is not over. Our children and their children need to know that we have taken the baton and are marching on to ensure that women are treated as equals in our country. May the celebration of the life of such heroes remind us that we need to change South African men who rape and abuse women to people who have goals to make our country a better country. The time has come for us as women to challenge our society to have stable homes with both parents present, so that discipline can begin at home.
Robala ka kagiso, mmarona. Re a leboga. [Rest in peace, Ma’am. Thank you.]
Mrs E C VAN LINGEN: Hon Chairperson, on behalf of the DA, I pay tribute to the life of Sister Bernard Ncube. Her life deserves acknowledgement for her compassion for the struggle for freedom and women’s rights. Sister Bernard Ncube, who was elected a Member of Parliament in 1994 and chaired the Committee for Arts and Culture and for Science and Technology, leaves a legacy of inspiration and courage. She was also an alternate member of various select committees in the NCOP.
She was born in 1932, studied theology in Lesotho and entered her Catholic order in 1955. Thereafter, she taught until 1960. In the years to follow, until the early 1980s, she was instrumental in the formation of women’s organisations in the then Transvaal region. She was elected president of the Federation of Transvaal Women in 1984. Between 1983 and 1986, she was detained six times under the emergency regulations of the day, and once placed in solitary confinement for three months. She was charged with sedition and subversion. She was eventually released because of international pressure.
She was a leader of the United Democratic Front. In 1989 she was part of the delegation who met with President Bush of the United States of America. In 1991 she was elected a national executive committee member of the ANC. She had courage. For instance, in 1986 she was instrumental in bringing a court interdict against the activities of the SA Police and SA Defence Force in Kagiso. Few would have dared.
She also went against the wishes of the Vatican when she agreed to her nomination to the ANC’s parliamentary lists in 1994. The Catholic Church leadership disapproved of clerics and nuns getting involved in party politics or holding office. Her final deployment was as mayor of the West Rand region in Johannesburg.
She was determined to see change happen. She said, “Repression was not only in detention, but also in the mind of the child born without fundamental human rights.” We will remember her passing with sadness and hold dear in our hearts her contribution to freedom in South Africa.
We offer our heartfelt condolences to her family. May she always be remembered for her life and her legacy.
Mr D V BLOEM: Chairperson, let me start by expressing my appreciation to the government for the fitting send-off given to our beloved Sister Bernard Ncube. She deserved it. The freedom we enjoy today was brought about by people like Sister Bernard Ncube.
Sister Bernard - a nun, freedom fighter and mother to many of us - was part of our struggle for freedom, justice and peace. She was so beloved by her community and comrades that her nickname was Mmarona, meaning “our mother”. She was not only there for the oppressed but also for the oppressor.
The reason, I think, that Bernard Ncube was involved in the freedom struggle was because of her Christian conviction based on the principles of the Bible. The Bible teaches us to love our neighbour as we love ourselves, and she lived for that. People could not understand why a nun was not even scared of going to jail and living with death threats all her life.
Sister Bernard spent time in prison as if she were a criminal. Neither prison nor death threats deterred Sister Bernard in her convictions. It was very dangerous to be a freedom fighter at that time. It was a case of prison or death. Sister Bernard Ncube was prepared for that.
Those of us who had the privilege of working with her in the UDF and in the ANC can say without any doubt that Sister Bernard Ncube was a true hero. I must say that this is a huge loss for the entire country, especially now that the country needs leaders like Sister Bernard Ncube. On behalf of Cope, I wish to express our condolences to the family and friends of Sister Bernard Ncube. May her soul rest in peace.
Hamba kahle mama. [Rest in peace.] [Applause.]
Debate concluded.
The Council observed a moment of silence in honour of the late Sister Bernard Ncube.
CONSIDERATION OF JUDICIAL MATTERS AMENDMENT BILL AND OF REPORT THEREON
Mr T M H MOFOKENG: Chairperson and hon members, the Judicial Matters Amendment Bill deals with matters relating to the powers and function of the Special Investigating Unit, as well as those relating to the consultation process required in terms of the National Prosecution Authority Act, Act 32 of 1998, to determine the annual cost-of-living salary increases of Deputy Directors of Public Prosecutions.
Although the select committee was satisfied with the department’s responses to its concerns and questions raised during deliberations on the Bill it was recommended that the executive standardise policy, legislation and processes around salary increases to prevent a situation where individual categories of public servants require legislation to be introduced to address their unique concerns in this regard in a piecemeal fashion.
Having considered the Bill, the committee recommends to the House that the Bill be adopted. [Applause.]
Debate concluded.
Bill accordingly agreed to in accordance with section 75 of the Constitution.
CONSIDERATION OF USE OF OFFICIAL LANGUAGES BILL AND OF REPORT THEREON
Ms M W MAKGATE: Hon Chairperson, section 6(1) of the Constitution of the Republic of South Africa declares that South Africa has 11 official languages. Subsection 4 goes further to say that government must regulate and monitor the use of these official languages. In addition, section 6(2) of the Constitution gives a directive to the state to say:
Recognising the historically diminished use and status of the indigenous languages of our people, the state must take practical and positive measures to elevate the status and advance the use of these languages.
It is in that spirit and for that purpose that the ANC government decided to come up with the Use of Official Languages Bill. The main aim of this Bill is to ensure that all South African languages are treated equally when it comes to government purposes.
The Use of Official Languages Bill has the following key objectives: to regulate and monitor the use of official languages by the national government for government purposes; to require the adoption of a language policy by a national department, national public entity and national public enterprise; to provide for the establishment and functions of a National Language Unit; and to facilitate the intergovernmental co-ordination of language units.
Clause 9(1) of the Bill empowers the Minister to monitor the use of official languages by the national government for government purposes. According to Clause 7 of the Bill, the Minister has the power to exempt, by notice in the Gazette, a national public entity or national public enterprise from establishing a language unit. If a department, an entity or enterprise is exempted from establishing a language unit, the Minister must assign a senior employee to perform the functions of a language unit. Clause 4(2)(f) of the Bill provides for the establishment of a complaints mechanism or ombudsman to deal with complaints by members of the public on the use of official languages.
It is crucial to indicate that this will be the first-ever Language Act to be promulgated in the history of South Africa, and it is without any doubt a breakthrough for all official languages and, in particular, indigenous languages of historically diminished use and status. In the main, the Bill seeks to ensure that the citizens of South Africa receive communication services in their first language - the languages they understand best - and this is another way of improving service delivery for the people of South Africa.
After tabling the Use of Official Languages Bill before the Portfolio Committee on Arts and Culture on 07 November 2011, the Department of Arts and Culture accordingly tabled the Bill to the Select Committee on Education and Recreation on 15 August 2012. The Select Committee on Education and Recreation, having considered the Bill, tabled in terms of section 231(2) of the Constitution, Act 108 of 1996, recommends that the House approves the Bill.
Debate concluded.
Bill accordingly agreed to in accordance with section 75 of the Constitution.
CONSIDERATION OF REPORT OF JOINT COMMITTEE ON ETHICS AND MEMBERS' INTERESTS
Mr B L MASHILE: House Chairperson, this report is presented in terms of Joint Rule 124(2), which stipulates that the committee must report to both Houses at least annually on the operation and effectiveness of the code of conduct. The Council should note that this has already been done in the National Assembly.
In 2010 the committee considered 31 allegations of nondisclosure identified by the Auditor-General when the annual audit of Parliament was conducted. All members who were found to be noncompliant in respect of the disclosure of interests were required to attend compulsory briefings on the code. All the members’ names in the report complied with the recommendation of the committee that required them to attend the compulsory workshop.
The 2011 Register of Members’ Interests has been compiled, adopted and made public, in terms of the requirements of the code of conduct. All members have submitted their disclosure forms. However, certain members needed to be reminded and pushed to comply, but we are happy that after that little effort they have complied and submitted their disclosures.
The committee considered seven allegations of nondisclosure. A report on the complaint against Miss Yolanda Botha was tabled. Both Mr Dexter and Mr Godongwana resigned before the investigations were concluded. The complaint by Mr Davidson on Travelgate was outside the scope of the committee. At the closing of this particular annual report, the committee was still considering three complaints, which will obviously run into the next financial year.
The committee also has the mandate in terms of Joint Rule 124(1) to develop standards of ethical conduct for National Assembly and National Council of Provinces members; to serve as an advisory and consultative body both generally and to members; and also to regularly review the code and make recommendations for its amendment. The committee is at present dealing with the revised code.
In May 2011, three members of the Joint Committee on Ethics and Members’ Interests visited the German Bundestadt to interact with their counterparts on matters related to ethics. The visit was a success.
In November 2011 the co-chairpersons of the committee attended a good governance conference, convened by the Public Protector, on strengthening synergies and leadership in ensuring public accountability. That conference was also a success.
The co-chairperson of the committee requested that the Public Protector investigate allegations regarding the conduct of Minister Sicelo Shiceka. The report of the Public Protector was noted by the committee.
To conclude, the purpose of the code of conduct is to help members conduct themselves appropriately as public representatives. Our task is to outline acceptable behaviour, establish minimum standards and ensure that members’ personal interests are open to public scrutiny. At times these duties are onerous and sensitive, but we have a responsibility to uphold the standing and reputation of Parliament.
The committee would like all members to continue to protect the dignity of Parliament by complying with the code annually. This report is presented to the House as required. We hope that we have fulfilled our task in a responsible manner. This report is presented for consideration and adoption.
Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT ON AGREEMENT BETWEEN GOVERNMENT OF RSA AND GOVERNMENT OF ISLAMIC REPUBLIC OF IRAN ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT ON EXTRADITION TREATY BETWEEN GOVERNMENT OF RSA AND GOVERNMENT OF ISLAMIC REPUBLIC OF IRAN
Mr T M H MOFOKENG: House Chairperson, the extradition treaty and the agreement concerning mutual legal assistance in criminal matters between South Africa and Iran were both tabled in terms of section 231(2) of the Constitution, Act 108 of 1996, because these are actually two separate legal instruments that both require ratification by Parliament.
In terms of the extradition treaty, a state can request the extradition of a fugitive only if the offence in question is in both countries and is punishable by a sentence of at least one year’s imprisonment. The state from which the extradition is requested can refuse such a request. If a person is a national of the requested state, then proceedings must be instituted within the requested state.
The state from which the extradition is requested may also refuse extradition if the matter involved a political or a military offence or if the potential sentence for the offence in question is substantively different in both states, and also if the requesting state fails to provide assurance that the person in question will not be subjected to cruel, inhumane or degrading punishment, torture or detention without trial.
The treaty has no specific provision dealing with extradition in cases where the death penalty can be imposed. However, according to the Department of Justice and Constitutional Development, this is covered by the provision regarding cruel, inhumane and degrading punishment, as the Constitutional Court has stated that the death penalty amounts to cruel, inhumane or degrading punishment.
South Africa would therefore refuse extradition in cases where a person would be sentenced to death in Iran, where the death penalty is still in operation, unless the government of Iran assures South Africa in writing that the death penalty will not be imposed or, if it is imposed, would not be carried out.
With regard to an agreement concerning legal assistance, the agreement provides for surrender to legal evidence and forfeited properties linked to the commission of the crime in question to be kept by the requesting state until the end of the trial, when it will be decided by both states whether or not such properties or evidence will be returned.
South Africa has a foreign mission in Iran and the committee was informed that there have been renewed attempts to strengthen diplomatic ties between South Africa and Iran, and that South Africa therefore has an obligation to honour the treaty and agreement signed with Iran. There were also no limitations from bodies like the African Union and the Southern African Development Community, SADC, that prevented South Africa from dealing with Iran.
The committee proposes that the House should adopt the extradition treaty and the agreement.
Debate concluded.
Question put: That the Report of the Select Committee on Security and Constitutional Development on Agreement between the Government of the Republic of South Africa and the Government of the Islamic Republic of Iran on Mutual Legal Assistance in Criminal Matters be adopted.
Declaration of vote:
Mr D JOSEPH: Hon Chair, today Minister hon Jeff Radebe tabled in Parliament the extradition treaty between the Republic of South Africa and the Islamic Republic of Iran.
The state law advisers have indicated that the proposed treaties are not in conflict with South Africa’s domestic law and existing international obligations. The DA in the Western Cape province is of the opinion that the domestic laws of the Islamic Republic of Iran are in conflict with our constitutional democracy, which guides our domestic laws.
The extradition treaty, which refers to international co-operation, has to ensure that both the RSA and the Islamic Republic of Iran do not become easy targets for criminal activity. We are all aware of the poor human rights record of Iran and the negotiating team confirmed this in their reports. The fight for human rights and democracy in South Africa did not come cheap. People paid with their lives and spent many years in jail - and the international community supported us. [Interjections.]
The HOUSE CHAIRPERSON (Mr R J Tau): Hon member, can I just establish something with you? Is this a provincial declaration or a party declaration?
Mr D JOSEPH: It is a provincial and a party declaration.
The HOUSE CHAIRPERSON (Mr R J Tau): Proceed.
Mr D JOSEPH: How will we ensure that after a person has been extradited to Iran, protection will be in place against detention without trial, torture, punishment in a cruel way or in any action that is against human dignity, which includes the death penalty? The DA and the Western Cape delegation want to say that we are not convinced that a country like Iran, with no democratic systems and a poor human rights record, will uphold the extradition treaty. We will therefore not vote in favour of the extradition treaty between the Republic of South Africa and the Islamic Republic of Iran.
The HOUSE CHAIRPERSON (Mr R J Tau): Thank you, hon member. Does any other province wish to make a declaration of vote? In the absence of any more declarations, we proceed to voting on the question. Just as a word of caution, the reason I had to ask that question was the consistent reference to the party. It needs to be clear that it is a provincial declaration and not a party declaration.
Question put: That the Report be adopted.
Mr D JOSEPH: On a point of clarity, hon Chairperson: I just want to make sure whether we are voting on the Fifth and Sixth Orders combined?
The HOUSE CHAIRPERSON (Mr R J Tau): We are voting separately.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
The HOUSE CHAIRPERSON (Mr R J Tau): Hon member, I called this order, which is the Fifth Order. I also asked whether there was any province that wished to make a declaration of vote. The Western Cape stood up and made their declaration of vote. At the end, or in their conclusion, they declared they did not agree. My understanding is that the DA therefore intended to vote against the Order. Are you changing that?
Mr D JOSEPH: House Chairperson, I made a declaration of vote on the Sixth Order.
The HOUSE CHAIRPERSON (Mr R J Tau): Oh, so you made a declaration of vote on the Sixth Order while we were dealing with the Fifth Order? [Interjections.] All right, that’s fine.
Mr M J R DE VILLIERS: Chairperson, hon D Joseph has already delivered a declaration of vote relating to the Sixth Order on the Order Paper. Must he repeat it or does it stand? The declaration of vote has already been made.
The HOUSE CHAIRPERSON (Mr R J Tau): That is not a point of order, but rather a procedural issue. I will definitely have to get advice on that. [Interjections.] According to the advice I have been given, it will be recorded as a declaration of vote on the Sixth Order. It will therefore be noted as such.
Debate concluded.
Question put: That the Report of the Select Committee on Security and Constitutional Development on Extradition Treaty Between Government of RSA and Government of Islamic Republic of Iran be adopted.
Declaration of vote made on behalf of the Western Cape.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West.
AGAINST: Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON TRADE AND INTERNATIONAL RELATIONS - AGREEMENT BETWEEN GOVERNMENT OF REPUBLIC OF RSA AND GOVERNMENT OF REPUBLIC OF CUBA ON ECONOMIC ASSISTANCE
Mr D D GAMEDE: Chairperson, this agreement between the government of the RSA and the government of the Republic of Cuba on economic assistance was signed in Pretoria on 3 February 2012 by Minister Rob Davies and the ambassador of Cuba, His Excellency Angel Villa.
The financial package set out in the agreement consists of facilities A, B and C. Facility A is a grant of R40 million for the purchase of seed, and R5 million is allocated for the purchase of seed in South Africa. The remaining R35 million is for the purchase of seed either in South Africa or elsewhere in the world.
Facility B is a solidarity grant of R100 million for the purchase of goods in the South African market. Facility C is a R210 million credit line, wherein a first tranche of R70 million will be made available immediately on entry into force of the agreement. The second tranche of R140 million will be made available after the repayment of the initial R70 million.
In view of South Africa’s recognition of these strategic avenues for deepening dialogue and bilateral economic relations, the Select Committee on Trade and International Relations requests that the House ratifies the agreement on economic assistance between the government of the RSA and the government of the Republic of Cuba.
Declarations of vote:
Mr M J R DE VILLIERS: Chairperson, a generous and charitable spirit is a virtuous quality for any nation. It is only fair that South Africa should be known in the community of nations as a generous state that is willing to help where and when our help is sorely needed.
Here at home, we have millions of people trapped in a cycle of poverty. Our own people are homeless; our own people are jobless; our own people struggle to feed themselves. This money we are so easily giving to Cuba is money we could put to work here in our own country. What is the motivation for bailing out the Castro regime, which remains hellbent on maintaining the communist status quo by limiting freedom of expression, association, assembly, movement and the press?
South Africa should always seek to lead other countries in democratic transition, respect for human rights, constitutionalism and freedom. We must leverage our influence and stand as an example to the world. Is this our policy with respect to Cuba? The ANC is betraying the people of South Africa with this grant to Cuba. [Interjections.] The ANC is still a captive of Cold War communist ideology. The Cold War is over! It was won by the forces for freedom and prosperity. Cuba’s relentless adherence to a failed ideology is the root cause of its economic woes. The Castro regime should be consigned to the pages of history. It is a modern absurdity on the lunatic fringe of global politics.
South Africa should not declare any solidarity with the communist Cuban regime. The ANC proposes that this Parliament declares its solidarity with the Castro regime by giving it R250 million, over and above the R1,1 billion of bad Cuban debt that President Zuma wrote off last year. If the ANC wishes to repay an old debt to Cuba, let the money come from Luthuli House. [Interjections.] The ANC will easily find ... [Time expired.]
Mr L P M NZIMANDE: Chairperson, on behalf of KwaZulu-Natal we recognise the work that Cuba has done to contribute to the health of the people of the province by providing an education to medical doctors and many other personnel and accepting our young people for training in Cuba. We therefore feel that if Cuba is in trouble, we, as South Africa, and not only the people of KwaZulu-Natal, should be true friends. The people of South Africa have benefited from the contribution of Cuba socially and in terms of health and education. There can be no question about that.
The DA is being malicious by choosing friends for the people of South Africa in favour of the capitalist countries. They don’t raise these issues against any country that is a capitalist country, except to say to the people of South Africa that the ideology of ubuntu is a useless philosophy or ideology. The people of South Africa must take the DA for what it is: It rejects anything that helps and empowers people, as well as anything that recognises that the people of South Africa are people too. They should also adopt ubuntu as a concept for Africa. [Applause.]
Mr G G MOKGORO: Chair, in agreement with what hon Nzimande from KwaZulu-Natal said, I want to repudiate the notion just expressed by the Western Cape. I would like to remind the Western Cape that besides the health assistance that we are getting from Cuba, as poor as Cuba is and as small as it is, that help is for the South African nation.
I would like to bring to the attention of the Western Cape that even the freedom we enjoy today is because of the enormous assistance and sacrifices that Cuba made for the South African people. I would like to say to the Western Cape that hon De Villiers would not have had the opportunity of sitting in this House today had it not been for the assistance that Cuba gave the people of South Africa. It helped us to defeat apartheid and bring South Africa to where it is today, allowing us to be sitting in this House. [Applause.]
Mr T M H MOFOKENG: Chairperson, I just want to add my sentiments to what has been said by KwaZulu-Natal and the Northern Cape. Last month, Cuba accepted students from the Free State to go and study medicine in that country. It cannot be that when they need us, re ba qhalla matsoho. [... we shun them.]
Thank you very much. [Applause.]
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West.
AGAINST: Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF SELECT COMMITTEE ON SOCIAL SERVICES – APPOINTMENT OF CANDIDATES TO SERVE ON CENTRAL DRUG AUTHORITY BOARD
Mrs R N RASMENI: Hon Chairperson, the re-entry of South Africa into the international arena in 1994 brought with it new opportunities, international obligations and responsibilities on the one hand and a range of new challenges on the other hand.
The Central Drug Authority, which was approved by Cabinet in 1998, co-ordinates and streamlines the national fight against drugs on all fronts. It is a statutory body that is appointed by the Minister of Social Development in terms of the Prevention and Treatment of Drug Dependency Act, Act 20 of 1992, as amended, with the stated overarching goal of facilitating communication on various levels in the field of drug prevention.
The CDA consists of 12 nominated experts in the field of substance abuse. They are selected after interviews conducted by the parliamentary Portfolio Committee on Social Development and the Select Committee on Social Services jointly, and they are appointed by the Minister of Social Development for a five-year period. In order to achieve a well-co-ordinated approach, nominated representatives from 12 national government departments and two entities were also appointed to the CDA.
The term of office of the CDA members expired in April 2012. A request from the Minister of Social Development, hon Bathabile Dlamini, to fill 12 vacancies at the CDA was referred to both the Portfolio Committee on Social Development and the Select Committee on Social Services on 26 July 2012. The committees were tasked to shortlist, interview and submit recommendations to the Minister of Social Development for the purpose of appointing suitable candidates to serve on the CDA. The committees received 64 curricula vitae of applicants, and after a thorough scrutiny of the curricula vitae, they unanimously shortlisted 24 candidates.
The Select Committee on Social Services recommends that the House, in accordance with the Prevention and Treatment of Drug Dependency Amendment Act, Act 14 of 1999, recommends to the Minister of Social Development that the following persons serve on the Central Drug Authority Board: Mr J Kruger from the Free State; Dr R Eberlein, Mr D Bayever, Dr L R Silva, Mr C Mpyane, Mr M M Gama and Mr C P Ucko, who are all from Gauteng; Mrs C Du Toit and Ms S Ndlovu from KwaZulu-Natal; Ms A M Salter from Limpopo; Dr M Manyedi from North West and, lastly, Prof D Stein from the Western Cape.
The use of drugs and substances continues to impact negatively on the type of society we seek to build. The ANC-led government is therefore committed to putting up a fight against substance and drug abuse in our communities and it remains committed to exploring further awareness and education campaigns in relation to drug trafficking and substance abuse. [Applause.]
Debate concluded.
Question put: That the Report be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report accordingly adopted in accordance with section 65 of the Constitution.
The Council adjourned at 16:06.
__________
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
WEDNESDAY, 5 SEPTEMBER 2012
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Science and Technology
(a) Report and Financial Statements of the National Consumer Commission for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 310-2012].
(b) Report and Financial Statements of the Small Enterprise Development Agency for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 264-2012].
(c) Report and Financial Statements of the National Credit Regulator (NCR) for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 300-2012].
(d) Report and Financial Statements of the National Regulator for Compulsory Specifications for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 141-2012].
COMMITTEE REPORTS
National Council of Provinces
1. Report of the Select Committee on Security and Constitutional Development on the Draft notice and schedule determining the rate at which salaries are payable to Constitutional Court Judges and Judges annually, dated 5 September 2012
The Select Committee on Security and Constitutional Development, having considered the Draft notice and schedule determining the rate, with effect from 1 April 2012, at which salaries, allowances and benefits are payable to Constitutional Court Judges and Judges annually, submitted for approval by Parliament in terms of section 2(4) of the Judges’ Remuneration and Conditions of Employment Act, 2001 (Act No 47 of 2001) and referred to the Committee, recommends that the Council approve the said Draft notice and schedule.
Report to be considered
THURSDAY, 6 SEPTEMBER 2012
TABLINGS
National Assembly and National Council of Provinces
1. The Speaker and the Chairperson
(a) 2012 Second Quarterly Report of the National Conventional Arms Control Committee (NCACC), tabled in terms of section 23(1)(b) of the National Conventional Arms Control Act, 2002 (Act No 41 of 2002).
2. The Minister of Trade and Industry
(a) Report and Financial Statements of Vote 36 – Department of Trade and Industry for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 36 for 2011-12 [RP 311-2012].
3. The Minister of Science and Technology
(a) Report and Financial Statements of Vote 34 – Department of Science and Technology for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 34 for 2011-12 [RP 217-2012].
Correction: The following entry replaces item 1 under Tablings in the name of the Minister of Science and Technology in the Announcements, Tablings and Committee Reports of 5 September 2012, on p 2949.
4. The Minister of Trade and Industry
(a) Report and Financial Statements of the National Consumer Commission for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 310-2012].
(b) Report and Financial Statements of the Small Enterprise Development Agency for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 264-2012].
(c) Report and Financial Statements of the National Credit Regulator (NCR) for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 300-2012].
(d) Report and Financial Statements of the National Regulator for Compulsory Specifications for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 141-2012].
National Council of Provinces
1. The Chairperson
(a) Agreement between the Government of the Republic of South Africa and the Government of the Italian Republic on Police Cooperation, tabled in terms of section 231(3) of the Constitution, 1996.
Referred to the Select Committee on Security and Constitutional Development:
(b) The President of the Republic submitted the following letter dated 13 August 2012 to the Chairperson: National Council of Provinces, informing Members of the Council of the extension of the employment of members of the South African National Defence Force for service in fulfilment of the international obligations of the Republic of South Africa towards the Democratic Republic of Congo.
EXTENSION OF THE EMPLOYMENT OF MEMBERS OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE FOR SERVICE IN FULFILMENT OF THE INTERNATIONAL OBLIGATIONS OF THE REPUBLIC OF SOUTH AFRICA TOWARDS THE DEMOCRATIC REPUBLIC OF CONGO
This serves to inform the National Council of Provinces that I have extended the employment of Eleven (11) South African National Defence Force (SANDF) personnel to the Democratic Republic of Congo (DRC) in fulfilment of the international obligations of the Republic of South Africa towards the DRC to assist with the capacity building of the DRC Defence Force (FARDC).
This employment is authorised in accordance with the provisions of section 201(2)(c) of the Constitution of the Republic of South Africa, 1996.
The extension of the employment of the SANDF is for the period 01 April 2012 to 31 March 2013.
I will communicate this report to members of the National Assembly and wish to request that you bring the contents hereof to the attention of the National Council of Provinces.
Regards
signed
Mr Jacob Gedleyihlekisa Zuma
President of the Republic of South Africa
Referred to the Select Committee on Security and Constitutional Development.
FRIDAY, 7 SEPTEMBER 2012
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Calling of Joint Sitting
CALLING OF JOINT SITTING OF PARLIAMENT
The Speaker of the National Assembly, Mr M V Sisulu, and the Chairperson of the National Council of Provinces, Mr M J Mahlangu, in terms of Joint Rule 7(2), have called a Joint Sitting of the Houses of Parliament for Wednesday, 12 September 2012 at 15:00, to conduct a debate on Heritage Day.
M V SISULU MP M J MAHLANGU MP
SPEAKER OF THE CHAIRPERSON OF THE
NATIONAL ASSEMBLY NATIONAL COUNCIL OF
PROVINCES
2. Calling of Joint Sitting
CALLING OF JOINT SITTING OF PARLIAMENT
The Speaker of the National Assembly, Mr M V Sisulu, and the Chairperson of the National Council of Provinces, Mr M J Mahlangu, in terms of Joint Rule 7(2), have called a Joint Sitting of the Houses of Parliament for Wednesday, 19 September 2012 at 14:00, to congratulate and honour Dr Nkosazana Dlamini Zuma on being elected as Chairperson of the African Union Commission.
M V SISULU MP M J MAHLANGU MP
SPEAKER OF THE CHAIRPERSON OF THE
NATIONAL ASSEMBLY NATIONAL COUNCIL OF
PROVINCES
TABLINGS
National Assembly and National Council of Provinces
1. The Speaker and the Chairperson
(a) Report and Financial Statements of the South African Human Rights Commission (SAHRC) for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 207-2012].
MONDAY, 10 SEPTEMBER 2012
ANNOUNCEMENTS
National Council of Provinces
The Chairperson
1. Referral to Committees of papers tabled
(1) The following papers are referred to the Select Committee on Security and Constitutional Development for consideration:
(a) Agreement between the Government of the Republic of South Africa and the Government of the Italian Republic on Police Cooperation, tabled in terms of section 231(3) of the Constitution, 1996.
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Labour
(a) Report and Financial Statements of Vote 18 – Department of Labour for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 18 for 2011-12 and the Report of the Auditor-General on the Financial Statements and Performance Information of the Sheltered Employment Factories for 2011-12 [RP 171-2012].
(b) Report and Financial Statements of the Commission for Conciliation, Mediation and Arbitration (CCMA) for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 288-2012].
(c) Report and Financial Statements of the Unemployment Insurance Fund (UIF) for 2010-2011, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 298-2012].
(d) Report and Financial Statements of the National Economic Development and Labour Council (NEDLAC) for 2011-12, including the Report of the Independent Auditors on the Financial Statements for 2011-12.
(e) Report and Financial Statements of Productivity SA for 2011-12, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2011-12 [RP 165-2011].
TUESDAY, 11 SEPTEMBER 2012
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Bills passed by Houses – to be submitted to President for assent
(1) Bills passed by National Council of Provinces on 11 September 2012:
(a) Judicial Matters Amendment Bill [B 11B – 2012] (National Assembly – sec 75).
(b) Use of Official Languages Bill [B 23B – 2011] (National Assembly – sec 75).
National Council of Provinces
The Chairperson
1. Message from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council
(1) Bills passed by National Assembly and transmitted for concurrence on 11 September 2012:
(a) Protection of Personal Information Bill [B 9B – 2009] (National Assembly – sec 75).
The Bill has been referred to the Select Committee on Security and Constitutional Development of the National Council of Provinces.
(b) Veterinary and Para-Veterinary Professions Amendment Bill [B 25B – 2012] (National Assembly – sec 75).
The Bill has been referred to the Select Committee on Land and Environmental Affairs of the National Council of Provinces.
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Finance
(a) Report and Financial Statements of the Independent Regulatory Board for Auditors for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 294-2012].
(b) Report and Financial Statements of the Accounting Standards Board for 2011-12, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2011-12 [RP 137-2012].
2. The Minister of Justice and Constitutional Development
(a) Report and Financial Statements of the National Prosecuting Authority (NPA) for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12.
3. The Minister of Transport
(a) Report and Financial Statements of the Road Accident Fund for 2011-12, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2011-12 [RP 247-2012].
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