Hansard: NCOP: Unrevised hansard
House: National Council of Provinces
Date of Meeting: 26 Mar 2014
Summary
No summary available.
Minutes
UNREVISED HANSARD
WEDNESDAY, 26 MARCH 2014
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PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES
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The Council met at 10:04.
The Chairperson took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
The CHAIRPERSON OF THE NCOP: Keep standing, I have skipped a step. Thank you, sit down. [Laughter.]
NO NOTICES OF MOTION OR MOTIONS WITHOUT NOTICE
Order! Hon members, I have been informed that the Whippery have agreed that there will be no notices of motions or motions without notice, except the motion on the Order Paper.
SUSPENSION OF RULE 239(1)
(Draft Resolution)
Ms M G BOROTO (on behalf of the Chief Whip of the Council): Chairperson, I move:
That Rule 239(1), which provides inter alia that the consideration of a Bill may not commence before at least three working days have lapsed since the committee’s report was tabled, be suspended for the purposes of consideration of the following Bills:
a. Women Empowerment and Gender Equality Bill [B 50D – 2013] (National Assembly – sec 76).
b. Financial Management of Parliament Amendment Bill [B 1B – 2014] (National Assembly – sec 76).
c. National Credit Amendment Bill [B 47B – 2013] (National Assembly – sec 76).
d. Infrastructure Development Bill [B 49B – 2013] (National Assembly – sec 76).
e. State Attorney Amendment Bill [B 52B – 2013] (National Assembly – sec 76).
f. Division of Revenue Bill [B 5 – 2014] (National Assembly – sec 76).
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 accordingly agreed to in accordance with section 65 of the Constitution.
The CHAIRPERSON OF THE NCOP: Order! There is some disorder in our Order Paper because of certain technical issues. I will ask the Table to assist me: Which Order are we coming to now?
The Secretary will now read the Second Order of the day.
FINANCIAL MANAGEMENT OF PARLIAMENT AMENDMENT BILL.
(Consideration of Bill and of Report thereon.)
Mr C J DE BEER: Hon Chairperson, on 22 March 2012, the Constitutional Court, in Premier: Limpopo Province v the Speaker of the Limpopo Provincial Legislature and Others, found that the Constitution of the Republic of South Africa of 1996 does not authorise provincial legislatures to pass their own financial management legislation.
Consequently, the court found the various provincial statutes purporting to deal with the financial management of various provincial legislatures unconstitutional and invalid.
Parliament, which enjoys plenary legislative authority, may assign such power to the provincial legislatures to pass national legislation to deal with the financial management of the provincial legislatures.
The parties to this matter were required by order of the court to file a report with the court by 9 September 2013, on what steps have been taken to remedy the defect. Subsequently, the Constitutional Court ordered that the parties report on the implementation of legislation by 10 March 2014.
On 20 September 2012, the National Assembly referred the Financial Management of Parliament Act of 2009 to the Standing Committee on Finance to review the Act with a view to introducing amending legislation if necessary. The resolution noted technical challenges with implementation of certain provisions of the Act and instructed the standing committee to evaluate the application of the Act, including the application of those provisions relating to authority of provinces to enact similar legislation and timeframes associated with various reporting mechanisms.
It was subsequently decided by the Speaker’s Forum that the financial management of provincial legislatures will be provided for in an amendment to the Financial Management of Parliament Act instead of assigning such legislative competence to the provincial legislatures.
The objectives of the Bill are as follows: to include the new section to make the Act applicable to provincial legislatures and the section relating to the oversight mechanism; transfer the duty to submit audited financial statements to the accounting officer instead of the executive authority in order to streamline the existing practice; insert provisions to clarify the procedure for dealing with Parliament’s adjustment budget in respect of its own funds; amend the sections relating to the tabling of the annual report by the executive authority; and align the sections relating to the auditing of the annual financial statements and submission of the annual report to the Public Financial Management Act of 1999.
Further amendments were added by the Select Committee on Finance, as agreed to, and I refer to clause 13, which is on page 7, from line 13, to delete paragraphs (a) and (b) and to insert the following new paragraphs:
(a) the substitution for paragraph (b) of subsection (4) of the following paragraph:
(b) in the instance of
-and that is a new word –
(a) a modified audit opinion in respect of such funding, until adequate measures are put in place to rectify the issues giving rise to the modified audit opinion; and
(b) the insertion after subsection (4) of the following subsection: (4A) For the purpose of this section, modified audit opinion includes a qualified opinion, an adverse opinion and a disclaimer of opinion.
The Western Cape province voted against the Bill. They did not support it and their objections were tabled and included in the minutes.
We call on the House to support the amending Bill. Thank you.
Debate concluded.
Question put: That the Bill be agreed to.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West.
AGAINST: Western Cape.
Bill accordingly agreed to in accordance with section 65 of the Constitution.
INFRASTRUCTURE DEVELOPMENT BILL
(Consideration of Bill and of Report thereon)
Mr F ADAMS: Hon Chairperson and hon members, the second phase of our democratic transition will be characterised by taking decisive action, as only the ANC can, to effect thorough economic transformation and democratic consolidation.
This is critical not only in order to improve the quality of life of our people, but also to promote nation-building and social cohesion.
At the core of the second phase is a concerted drive to eradicate poverty and to reduce inequality. Every South African should enjoy a decent quality of life – not only some South Africans, as our opponents seek to ensure. This applies to both income and access to basic services.
The primary focus in this regard should be higher rates of economic growth and social inclusion, which will result in massive job creation, skills development and the provision of quality public goods and services. It also ensures the expansion of small and medium enterprises and co-operatives.
The National Infrastructure Plan seeks to change the structure of the economy and apartheid spatial distortions, supports both beneficiation and industrialisation and contributes to facilitating intra-Africa trade. As a flagship programme of the state, all spheres of government are joined in taking this forward.
Today marks an important milestone in the history of the NCOP. This is the first-ever legislated intervention of its kind dealing with infrastructure co-ordination. This legal intervention, in the form of the Infrastructure Development Bill, will result in the country’s infrastructure being developed in an accelerated and sustainable manner and in a manner that restores the dignity of every South African by ensuring equal access to basic essential services.
The ANC’s economic transformation programme seeks to promote a geographically inclusive economy. This will require that infrastructure development be rolled out in targeted areas – especially in the former TBVC states of Transkei, Bophuthatswana, Venda and Ciskei – in a phased manner.
A case in point is a well co-ordinated and integrated transport system, which will not only develop and change the spatial pattern of the country but will also have a fundamental impact on changing the lives of rural and semi-urban communities
In considering our position as the select committee, we noted the changes that the National Assembly had made to the Bill after its introduction and also the public participation that had been undertaken by the provinces. The select committee has not effected amendments to the Bill.
Together we shall make South Africa a better place to live in and together we shall move South Africa forward.
I want to thank hon Minister Ebrahim Patel; Deputy Minister Hlengiwe Mkhize; the Director-General, Ms Jennifer Schreiner; the staff of the Economic Development department; and also the committee members of the Select Committee on Economic Development for the thorough work that they did on this Bill.
I also thank the provinces for the thorough work done in preparing this piece of legislation.
The select committee tables the Bill for consideration and adoption by the Council. I thank you, Chair. [Applause.]
Debate concluded.
Question put: That the Bill be agreed to.
The CHAIRPERSON OF THE NCOP: Hon members, the results are: eight in favour; one against. Therefore, nine provinces have voted in favour of the Bill. I therefore declare the Bill agreed to in terms of section 65 of the Constitution. [Interjections.]
I’m sorry, one province abstained. Eight voted in favour. Therefore eight provinces have voted in favour. I therefore declare the Bill agreed to in terms of section 65 of the Constitution.
Mr M J R DE VILLIERS: Chair, your information is wrong.
The CHAIRPERSON OF THE NCOP: Order! Is it wrong? Yes?
Mr M J R DE VILLIERS: Chair, we voted against the Bill.
The CHAIRPERSON OF THE NCOP: Yes, that’s what I am saying. I said eight provinces voted in favour and one against.
Mr M J R DE VILLIERS: Okay. Thank you, Chair.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West.
AGAINST: Western Cape.
Bill accordingly agreed to in accordance with section 65 of the Constitution.
STATE ATTORNEY AMENDMENT BILL
(Consideration of Bill and of Report thereon)
Mr T M H MOFOKENG: Chairperson, the State Attorney Amendment Bill is a step towards the implementation of the department’s framework for the transformation of the state legal service, which was developed in 2012 to address some challenges experienced in the sector.
The main objectives of the Bill are as follows: to amend the State Attorney Act so as to provide for the establishment of the Office of the State Attorney; to provide for the appointment of a Solicitor-General and State Attorney; to provide for the powers of the Minister relating to the functions of the Office of the State Attorney; to provide for the powers and functions of the Solicitor-General; and to provide for matters connected therewith.
The Department of Justice and Constitutional Development responded to the amendments proposed in the provinces’ negotiating mandates on the Bill. The department’s responses were referred back to the provinces for their final mandates. The committee met to record the final mandates of provinces according to which five provinces voted in favour of the Bill.
The committee therefore recommends that the Council approve the State Attorney Amendment Bill. Thank you. [Applause.]
Debate concluded.
Question put: That the Bill be agreed to.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Bill accordingly agreed to in accordance with section 65 of the Constitution.
DETERMINATION OF REMUNERATION OF OFFICE-BEARERS OF INDEPENDENT CONSTITUTIONAL INSTITUTIONS LAWS AMENDMENT BILL
(Consideration of Bill and of Report thereon)
Mr T M H MOFOKENG: Chairperson, the Bill seeks to give effect to section 219 of the Constitution, which deals with the remuneration of public office bearers and which states that national legislation must establish frameworks for determining the salaries, allowances and benefits of judges, the Public Protector, the Auditor-General and members of any commission provided for in the Constitution, including the broadcasting authority, the Independent Communications Authority of South Africa, Icasa, referred to in section 192.
The Bill amends the relevant legislation to provide for a uniform procedure to be followed in respect of the determination of the remuneration, allowances and other terms and conditions of employment and service benefits. Thus, the Bill will also bring the salary determinations of the Public Protector, the Auditor-General, members of the SA Human Rights Commission and other commissions, as well as Icasa, under the ambit of the Independent Commission for the Remuneration of Public Office Bearers.
The committee received a briefing from the Department of Justice and Constitutional Development and adopted the Determination of Remuneration of Office Bearers of Independent Constitutional Institutions Laws Amendment Bill.
The committee recommends that the Council approve the Determination of Remuneration of Office Bearers of Independent Constitutional Institutions Laws Amendment Bill. I thank you.
Debate concluded.
Question put: That the Bill be agreed to.
Bill accordingly agreed to in accordance with section 75 of the Constitution.
DIVISION OF REVENUE BILL
(Consideration of Bill and of Report thereon)
Mr T E CHAANE: Chairperson, in terms of section 7(3) of the Money Bills Act and section 76(4) of the Constitution, the Division of Revenue Bill must be tabled in the National Assembly, after which it must be dealt with in accordance with the procedure established by section 76(1) of the Constitution.
In accordance with these sections, the Minister of Finance, Mr Pravin Gordhan, tabled the Division of Revenue Bill in the National Assembly on 26 February 2014. On 13 March 2014 the Bill was transmitted to the National Council of Provinces and referred to the committee, in accordance with section 76 of the Constitution.
Following a briefing by National Treasury on the Bill, the committee consulted the Financial and Fiscal Commission; the SA Local Government Association, Salga; the Parliamentary Budget Office and all nine provinces. The committee further conducted public hearings on 18 March 2014, in line with section 9(5)(b) of the Money Bills Act.
The committee found that the Bill was presented within a very sound fiscal policy guided by principles of countercyclicality, debt sustainability and intergovernmental fairness. A large part of the Bill remained the same. Revisions were mainly to take into account specific policy adjustments.
Expenditure in the Medium-Term Expenditure Framework, MTEF, remains within the bounds set out in the 2013 Budget, while revenue estimates for 2013-14 financial year presented in the 2014 Budget have been revised upwards by R1 billion due to unforeseen revenue collections.
With the exclusion of debt service costs and the contingency reserve, the allocated expenditure share between the three spheres amounted to R1,1 trillion, R1,2 trillion and R1,3 trillion over each of the MTEF years respectively. Despite the factoring in of the population movements in provincial equitable shares over the MTEF, nominal increases are reflected in the equitable share allocation of provinces when compared to last year’s allocations.
There have been a number of changes made with regard to conditional grants that might require regular monitoring to assess their efficiency and effectiveness. Such changes are the introduction of new grants, additions and reductions of allocations to certain grants and a shift of grants from direct to indirect grants.
Although the new local government equitable share formula imposed major changes on the allocations to some individual municipalities due to the updated Census 2011 data, the local government equitable share allocation increased within each year of the period under review. For the 2016 to 2017 period, the nominal rand value of the allocation will have more than doubled, from R23,8 billion in 2009 to 2010 to R52,9 billion.
For the period 2009-2010 to 2013-2014, the local government equitable share allocation grew at an average nominal rate of 14,2% and will grow by an average nominal rate of 9% over the 2014 to 2015 MTEF period.
The committee made some findings that might require further interaction with National Treasury during the Fifth Parliament. Some of these are the National Treasury revenue projections, expenditure ceiling measures, changes made to some conditional grants and the impact of various capacity-building grants over the past years, to date. The committee has deliberated on this and recommends that the Division of Revenue Bill be adopted without amendments.
In conclusion, I would like to take this opportunity to thank everyone for the support that we have received from all members of the Council, the leadership of the Council, all staff members and all the support staff members within our different committees. [Interjections.]
May I further conclude by saying that there is a time and season for everything under the sun. [Interjections.] There was time for us and it was indeed our season. We have made strides under our present leadership and we thank them for that. [Interjections.]
May I also wish every one of us who appears on the lists as a potential candidate for the Fifth Parliament well for the future. For those of us who do not yet appear on the lists, who are still waiting for further announcements ... [Laughter.] ... may I say to you, let your hearts not be troubled. [Laughter.] We are still together. May God bless you as you go out and may He also bless you as you come in. I thank you, Chair. [Interjections.] [Applause.]
Debate concluded.
Question put: That the Bill be agreed to.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Bill accordingly agreed to in accordance with section 65 of the Constitution.
The CHAIRPERSON OF THE NCOP: The Secretary will now read the Eighth, Ninth and Tenth Orders of the day.
An HON MEMBER: Hon Montsitsi is not here.
The CHAIRPERSON OF THE NCOP: Order! If hon S D Montsitsi is not here, who is standing in for him? [Interjections.] Okay. Maybe he will step in just now. I don’t know - please look for him.
I then ask the Secretary to read the Eleventh Order of the day.
CONSIDERATION OF REPORT OF JOINT COMMITTEE ON ETHICS AND MEMBERS’ INTERESTS - CODE OF ETHICAL CONDUCT AND DISCLOSURE OF MEMBERS’ INTERESTS FOR ASSEMBLY AND PERMANENT COUNCIL MEMBERS
Mr B L MASHILE: Chairperson, the Joint Rules of Parliament mandate the Joint Committee of Ethics and Members’ Interests to review the code as and when required.
The committee took over the incomplete work of the Third Parliament on the review of the Code. The committee then adopted the incomplete work as a working document. Further improvements have been made to the document since 2009.
The code, as it stands now, is a product of the committee; one which all parties support. Note should be made that further improvements will be made in the Fifth Parliament if necessary. At no stage shall we have a perfect document.
The code brings in principles that will guide Members of Parliament as they execute their work as public representatives. These principles are selflessness, integrity, objectivity, openness, honesty and leadership.
This code must be read with the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act; Prevention and Combating of Corrupt Activities Act; and Financial Management of Parliament Act, amongst other documents. Of course, amongst them all the Constitution reigns supreme.
Included in this code are standards of ethical conduct that members must uphold. These include but are not limited to maintaining public confidence and trust in the integrity of Parliament. We also outlined conflict of financial or business interests. The requirement to resolve any possible conflict of interests and declaration thereof is highlighted in the code.
A number of prohibited activities that may give rise to conflict are listed to guide members. Here, Chair, we are asking members really to observe these and raise an awareness, because conflict of interest is key in the behaviour and the conduct of Members of Parliament.
The code prohibits a member from doing business with any organ of state. A process for approval and declaration of doing work outside Parliament is outlined. Here we are asking all parties really to observe the processes of approval for their members to do business outside Parliament. Members are required to observe this.
The breaches have been separated in terms of ordinary noncompliance with the disclosure requirements and the more serious prohibited activities that may attract serious sanctions. The penalties are also designed in terms of the severity of breaches.
What is a more marked inclusion in this code is the provision for the recommendation of an appropriate sanction to the appropriate House. Here we are referring to breaches, such as conflict of interest and prohibition of doing work with any organ of state, because these prohibitions may be subject to serious sanctions that are not spelled out in the code.
The provision has been made for it that the committee will make a recommendation to an appropriate House and if it agrees, then the sanction will be approved in the specific House. As the committee, we are satisfied that the code will bring a new normality to the ethical conduct and declaration of Members of Parliament.
The code will enhance the safeguarding of the decorum of Parliament and create public trust in public representatives. We, therefore, expect that after passing this code in both Houses, a workshop on the code must be held to ensure clarity on the requirements. The matter of the code completes the annual-report process of this committee for 2013, which has been tabled in Parliament.
Chairperson, it is important that the public accesses this code in order to have reasonable expectations on the basis of the requirements the code places on members. Members of the public can make submissions to the committee for consideration when the code comes up for review.
It is expected that the code will be a living document that will speak to the current conditions impacting on the lives of public representatives.
I therefore present the Code of Ethical Conduct and Disclosure of Members’ Interests for Assembly and Permanent Council Members for consideration and adoption by the Council. I thank you, Chairperson. [Applause.]
Debate concluded.
Declaration of vote:
Mr J M BEKKER: Hon Chair and colleagues, after five years as a member of the Joint Committee on Ethics and Members’ Interests, it is nice to report that this committee grew into a state of maturity.
It is a great pleasure to support the code of conduct on behalf of the DA. When you become a member of this committee, it means that you will be there as a Member of Parliament and not as a representative of any political party. Members of this committee should maintain high standards of moral and ethical values. This is of the utmost importance to have clean government. I thank you. [Applause.]
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.
WOMEN EMPOWERMENT AND GENDER EQUALITY BILL
(Consideration of Bill and Report thereon)
Ms B P MABE: Hon Chairperson and hon members, it gives me great pleasure to stand before you to present this statement after a process that I think represents yet another milestone in the fight for the emancipation of women in our country.
On 27 April 2014, a month from today, our country will be celebrating 20 years since the advent of the democratic dispensation. During that time we have made much progress in laying the groundwork for advancing the rights of women, starting with the founding document that binds us all, the Constitution of the Republic, and ending with this Bill before us today, the Women Empowerment and Gender Equality Bill.
Hon Chair, this progress was made possible through the efforts of the ANC and its deployees in government, as well as other role-players in the arena of the struggle. As the ANC we are proud of the progress we have made but, at the same time, we acknowledge that a lot more needs to be done to do away with discrimination based on gender and also to empower women.
The point we seek to make here is that whereas the historical realities of our country continue to hold us back, the material conditions that prevail today are much more conducive to enabling society to accelerate empowerment programmes for women.
I want to take this opportunity to salute Mama Mahlangu, a stalwart and freedom fighter. Mama, you have sacrificed much of your life and that of your children for the liberation of women and gender equality in this country.
Farewell Mama, and go tell others that South Africa is a better place for women to live in. Tell them the good story that the ANC-led government is passing a Bill that calls for 50% representation of women in the public and private sectors. In other words, as women we are no longer objects or subjects in the hands of others, but we are masters of our own destiny.
In terms of the Social Institutions and Gender Index of the Organisation for Economic Co-operation and Development, we are number 4 out of 87 countries in the 2012 index. [Applause.] The same index places us as the top country in Africa. This is indeed a good story to tell.
It is in this context that we, as the ANC, recommend to the Council that it consents to this Bill, which seeks to provide a legislative framework for both private and public bodies for the empowerment of women, as well as the appointment and representation of women in decision-making positions and structures.
It is our considered view that there ought to be sufficient consensus across all political parties on this piece of legislation because its passing here today will represent a victory for women, and this will be part of the good story of our country.
We are very disappointed that the DA and the Western Cape provincial legislature are voting against the Bill as they are again showing their disregard for the ability of women in this country. Women of corporate South Africa must remember when they go out to vote on 7 May 2014 that the DA does not support their progress and empowerment. [Interjections.] They do not believe that women can be leaders in the business and private sectors. [Interjections.]
The HOUSE CHAIRPERSON (Mr R J Tau): [Inaudible.]
MS B P MABE: Hon Tau, you are right — except for their leader, hon Helen Zille, the madam.
The main aim of the Bill is to give effect to section 9 of the Constitution in so far as the empowerment of women and gender equality is concerned. The Bill further seeks to establish a legislative framework for the empowerment of women and to align all aspects of laws and the implementation of laws relating to women empowerment.
The Bill also seeks to align aspects of law and the implementation of laws relating to the appointment and representation of women in decision-making positions and structures.
The Bill requires of the public and private bodies, designated by the Minister, to facilitate the development and implementation of plans and strategies for the promotion of women empowerment and gender equality. It further requires that the designated bodies submit their plans and strategies to the Minister for consideration, evaluation and guidance. This places the responsibility of training and empowering women on the shoulders of both the government and the private sector. Business must take responsibility.
South Africa is indeed a better place to live in than it was before 1994. We are proud to tell the good story of women empowerment in the 20 years of our democratic government. As we celebrate our second decade in government, we are proud to say that we have opened doors for women and we have recognised the role and value of women because they constitute the majority in our society. Women in South Africa sing a song that says:
Ayadum’ amakhosikazi,
Azongena ePhalamende.
I want to task the composers of this song to rewrite it and add the good story of women empowerment and development, and say:
Ayadum’ amakhosikazi,
Ayongena emkhakheni wezomnotho
Ayongena emabhizinisini”
Ayongena emabhodini
Ayongena emkhakheni wezamajaji
Ayongena kuhulumeni.
Fifty-fifty, no compromise! We are fighting for our space.
[Applause.]
While the Bill reminds us that the struggle for women’s economic empowerment is not yet over, it puts paid, once and for all, to the myth that a woman’s place is in the kitchen. The ANC-led government says a boardroom is as much a woman’s place as any other space in South Africa.
We are saying that with the strength we receive from God and the commitment of the ANC, nothing is impossible and nothing will stop us. I say forward with 50% representation and I therefore move that this House adopts the Bill. Thank you, Chair. [Applause.]
Debate concluded.
Declarations of vote:
Mr M J R DE VILLIERS: Chairperson, the Western Cape legislature cannot support the Bill because of the following reasons.
After the department was allowed to oppose the amendments that were submitted by the province, people were not given sufficient time to express their views. The Western Cape Provincial Parliament supports the empowerment of women, but it does not believe that this Bill will bring about meaningful change to the millions of unemployed women. The feasibility and constitutionality of the Bill is a major concern; and this Bill duplicates the constitutional mandate of the Commission for Gender Equality and certain provisions contained in legislation, such as the Promotion of Equality and Prevention of Unfair Discrimination Act, Act 4 of 2000, the Employment Equity Act, Act 75 of 1997, and the Broad-Based Black Economic Empowerment Act, Act 53 of 2013.
The Western Cape legislature cannot support attempts to impose quotas and the top-down manipulation of the labour market. This Bill fails dismally to adequately consider economically vulnerable women, such as unemployed women, rural women, disabled women, women working in the informal trading sector, lesbians, bisexual women, transgendered women and sex workers.
This Bill should be abandoned and not allowed to become an Act before all the areas of concern have been addressed and rectified. The Western Cape legislature opposes the Women Empowerment and Gender Equality Bill. Thank you, Chairperson. [Interjections.]
Ms M G BOROTO: Chairperson, it is not surprising that the Western Cape legislature will vote against this Bill because if one looks at the Western Cape legislature, it’s all men. Let us remind the DA that in 1954 Verwoerd said that girls should not be sent to school. [Interjections.]
That is how we grew up and today, because of what the ANC has put forward, and because of the ANC - as the hon Mabe has said - we are fourth in the world. It is not because of other parties, but because of the ANC, which recognises that women should be there. [Applause.]
We are saying that it does not have to apply to Parliament only. We support this and say that it must be everywhere. Fifty per cent — phambili! [forward!]
HON MEMBERS: Phambili! [Forward!]
Mr A G MATILA: Mr Chairperson, ... [Interjections.]
The CHAIRPERSON OF THE NCOP: Order! No, we ... [Interjections.]
Mr A G MATILA: ... on behalf of the Gauteng province ... [Interjections.]
The CHAIRPERSON OF THE NCOP: Oh, you are speaking on behalf of the Gauteng province? Oh, all right.
Mr A G MATILA: On behalf of the Gauteng province, I support this Bill. It is the Gauteng province that started the entire process. It is because 60% of people in Gauteng are women. That is the situation. We are saying in the Western Cape, it represents ... [Interjections.]
Ms E C VAN LINGEN: Chairperson, on a point of order: I thought you asked political parties if they wanted to make their declarations. [Interjections.] Provinces have had their say. [Interjections.]
The CHAIRPERSON OF THE NCOP: No, this is a section 76 Bill and according to Rule 71, we give provinces an opportunity to make declarations. So, he is speaking because he has been asked by the head of the Gauteng delegation to speak on behalf of the province. That’s why I’ve been asking. Continue, hon Matila.
Mr A G MATILA: Thank you, Chairperson. The point we want to raise is that the Western Cape still represents the old order. That is what they are doing in the Western Cape. You know, what you see in the Western Cape is that you find only white men. In fact, even my coloured colleagues are not properly represented in the Western Cape. [Laughter.]
This is because in the Western Cape you have hon Helen Zille as the only female leader. This tells us that in the DA there are no other leaders. She is the only leader; she is the premier-elect and she is president-elect. The same person! No other women are empowered in the DA. That is a problem. Thank you very much, Chairperson. [Laughter.] [Applause.]
An HON MEMBER: We are not surprised!
The CHAIRPERSON OF THE NCOP: Order! Mr Gamede, have you been delegated by your province?
Mr D D GAMEDE: Kunjalo, Sihlalo. [Indeed, Chairperson]
Chairperson, KwaZulu-Natal supports this Bill. I happened to pass by a meeting of this committee and I got to know that women from the DA supported this Bill, but males do not support it. [Laughter.]
We don’t even have to refer to the Western Cape province — even in this House, the majority of members in the DA are white males; white females are not given this opportunity. So, for us, as KwaZulu-Natal and as the ANC, we are saying: All females, black and white, must be fairly represented. Thank you, Chair. [Applause.]
Mr M P SIBANDE: Chairperson, it is not a surprise that the DA opposes this Bill. I hear and believe that they never went for public hearings — as usual.
Izinqumo abazithathayo, zithathwa amadoda kuphela. [The decisions that the DA takes are only taken by males.]
The only credit that can be given to the DA is the “Zill’Mphele” kiss. That’s all. [Laughter.]
The CHAIRPERSON OF THE NCOP: Hon Makunyane, have you been delegated by your province?
Mr T L MAKUNYANE: Yes, I have been delegated by Limpopo.
In fact, there is one thing that I think we need to point out: Before 1994 there were very few women in Parliament. Now, today, we see the beneficiaries of the reforms that were brought about by the ANC.
The beneficiaries are not only the women who are members of the ANC. Even women who are members of the DA and all the other parties have also benefited from these reforms.
Now, we want to bring about these reforms not only in the Public Service but also in the private sector. The only way to ensure that these reforms are implemented is to pass this Bill. This will ensure that the changes that we have brought about in the Public Service are also introduced in the private sector. [Applause.]
The HOUSE CHAIRPERSON (Mr R J Tau): Hon Chairperson, in supporting this Bill one is again reminded of the activity, the round-table discussions, that we had yesterday, as the NCOP. The total absence of the members of the DA in yesterday’s exercise is a reflection of how they are dealing with issues related to women.
Perhaps I should just remind members of the Western Cape that under the leadership of the DA, it took their predecessor, Helen Suzman, more than 30 years to be the only woman represented in Parliament. That, in itself, is a structural-historical issue that we are trying to deal with.
This Bill, in particular, tries to break that historical, colonial and structural economist ideology. At the heart of it is to break the barriers of patriarchy in our society. And, for as long as they do not see that patriarchy is the oldest ideology, which has been at the centre of the oppression of women, there is no way that the DA or the Western Cape will transform to the point where women in leadership will emerge.
It is not only about women in leadership on the basis of wanting to appease women but, as the Bill says, over and above issues of women empowerment, it is about skilling; it is about empowering women in so far as knowledge is concerned. It is about giving them the capacity to lead, to own and to give direction in our society.
Hence, as the Northern Cape, we are continuing to say we shall move South Africa forwards, together with the women of this country. [Applause.]
The CHAIRPERSON OF THE NCOP: Order! The Eastern Cape? You haven’t spoken.
Nks D Z RANTHO: Sihlalo, siliphondo leMpuma Koloni siwuthathele ingqalelo lo Mthetho osaYilwayo. Siwucingisisile siliphondo leMpuma Koloni safumanisa okokuba kukokuqala mhlawumbi nokokugqibela ukuba amalungelo abantu abangomama aviwe elizweni. Kungenxa yalo mbutho kaKhongolose obangele ukuba nathi sifumane ithuba.
Lo Mthetho osaYilwayo ugxininisa ikakhulu kubantu abangathathi ntweni; abangazanga bazi ukuba bangaze bavule amashishini; nabantu abangazange bathathelwe ngqalelo kumashishini abasebenza kuwo nakwiindawo abasebenza kuzo eburhulumenteni. Siyavuma siliphondo laseMpuma Koloni ukuba uMzantsi Afrika siyawuthatha siwubhekisa phambili. Enkosi. (Translation of isiXhosa paragraphs follows.)
[Ms D Z RANTHO: Hon Chairperson, we support this Bill as the province of the Eastern Cape. We thought about it as a province and found that it is the first, and maybe the last, time that the rights of women will be considered in this country. It is the ANC that gave us this opportunity.
This Bill focuses on poor people, who do not know that they may own businesses; and those who were not taken into consideration in the industries and government sectors where they worked. We are happy as the province of the Eastern Cape because we are moving South Africa forwards. Thank you.]
Mr M P JACOBS: Chair, the Free State also supports this piece of legislation because it is a progressive piece of legislation.
But I just want to expose the DA for what it is. It has used blacks in the past and it is still using blacks even in the present. If one looks at their campaigns, most of the people who are there are blacks. Where are the whites, their children and their families?
Therefore the blacks who are out there, or the voters who are out there, must see the DA for what it is. Because it is ... [Interjections.]
Mr D A WORTH: Chairperson, on a point of order: I just want to correct the gentleman there. The DA is not against women’s empowerment, but certainly against quotas, which the Bill seeks to impose on the public and private bodies. This will have an adverse effect on .. [Interjections.]
The CHAIRPERSON OF THE NCOP: Order! Order, hon members! [Interjections.]
Mr D A WORTH: ... job opportunities and business. Thank you. [Applause.]
The CHAIRPERSON OF THE NCOP: No, that’s not a point of order.
Mr M P JACOBS: Chair, if they say they support women’s empowerment, why is their list dominated by white males? So I think I should just warn the voters that there is no future in the DA. Let them vote for the ANC. Thank you. [Applause.]
Mrs V KEKESI (North West): Chairperson, it is not surprising to see that the Western Cape is not in support of this Bill. You can just see that even at the podium, they were represented by men. Instead of women rejecting this Bill, the men are the ones who are here to reject the Bill.
I fear for the women of the Western Cape and their empowerment. The lack of women’s representation here means the DA rejects every Bill and whatever the ANC tries to do for the empowerment of women, and as a result they are leaving women behind.
The North West supports the Bill because, before 1994, we were in total darkness and we didn’t know what was happening with regard to women. We were oppressed by the then government.
I want to make this humble plea: Even though they are not in support of the Bill, no one is above the law. The ANC is leading. The ANC is alive. So they must please implement whatever the ANC says or they will remain behind, and remain behind for ever and ever. Thank you, Chair.
Question put: That the Bill be agreed to.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West.
AGAINST: Western Cape.
Bill accordingly agreed to in accordance with section 65 of the Constitution.
CONSIDERATION OF REPORT OF JOINT STANDING COMMITTEE ON INTELLIGENCE – ANNUAL REPORT OF JOINT STANDING COMMITTEE ON INTELLIGENCE FOR FINANCIAL YEAR ENDING 31 MARCH 2010
CONSIDERATION OF REPORT OF JOINT STANDING COMMITTEE ON INTELLIGENCE – ANNUAL REPORT OF JOINT STANDING COMMITTEE ON INTELLIGENCE FOR FINANCIAL YEAR ENDING 31 MARCH 2011
CONSIDERATION OF REPORT OF JOINT STANDING COMMITTEE ON INTELLIGENCE – ANNUAL REPORT OF JOINT STANDING COMMITTEE ON INTELLIGENCE FOR FINANCIAL YEAR ENDING 31 MARCH 2012
Mr S D MONTSITSI: My apologies, Chairperson, it seems as if the Table was not informed that the reports on intelligence have been deferred to tomorrow. Thank you.
The ACTING CHIEF WHIP OF THE COUNCIL (Ms M G Boroto): Chairperson, I think we have dealt with that matter. The Table has been consulted and the reports will be adopted without a statement. Thank you.
Orders disposed of without debate.
Question put: That the Report on Annual Report of Joint Standing Committee On Intelligence For Financial Year Ending 31 March 2010 be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report on Annual Report of Joint Standing Committee on Intelligence For Financial Year Ending 31 March 2010 be adopted accordingly adopted in accordance with section 65 of the Constitution.
Question put: That the Report on Annual Report of Joint Standing Committee On Intelligence For Financial Year Ending 31 March 2011 be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report on Annual Report of Joint Standing Committee On Intelligence For Financial Year Ending 31 March 2011 be adopted accordingly adopted in accordance with section 65 of the Constitution.
Question put: That the Report on Annual Report of Joint Standing Committee On Intelligence For Financial Year Ending 31 March 2012 be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Report on Annual Report of Joint Standing Committee On Intelligence For Financial Year Ending 31 March 2012 be adopted accordingly adopted in accordance with section 65 of the Constitution.
NATIONAL CREDIT AMENDMENT BILL
(Consideration of Bill and of Report thereon)
The MINISTER OF TRADE AND INDUSTRY: Hon Chairperson, the National Credit Amendment Bill follows intensive assessments of the effectiveness of the National Credit Act, which was passed in 2005 and which was also involved in extensive consultations with stakeholders, both within and outside government.
All the reviews agreed on one thing – the National Credit Act was a groundbreaking and quality piece of legislation whose key principles remain valid and important today.
The fundamental principle of this Act was that it required credit providers not to engage in reckless lending and, if they did, to provide for the transaction to be declared null and void. To this end, the Act required credit providers to engage in affordability assessments before granting credit and also provided a number of ways in which overindebted consumers could have access to facilities such as debt counselling to end their overindebtedness.
This farsighted piece of legislation was regarded by many observers as a key factor that cushioned our economy from the worst aspects of the global financial crisis of 2008, which, of course, had its origin precisely in reckless lending transactions embarked on in other jurisdictions.
However, the reviews highlighted the need to amend certain provisions of the Act; strengthen regulations; and develop industry codes in order to improve its effectiveness and to fully achieve the intended outcomes of a fair, transparent and accessible credit market in South Africa.
All of this takes place against the background of a significant increase in unsecured lending. Within this broad category of unsecured lending, we found that there have also been a number of predatory transaction practices targeting low-income people and the poor, and creating further conditions of difficulty for poor people in our country.
Gaps in the implementation of debt-counselling and debt-review procedures were also identified, which led to the amendments of other clauses in the main Act.
It is of concern that more than half of the 21 million credit-active consumers in this country have impaired credit records. Adverse listings at credit bureaus are difficult and costly to remove, even if the debt is repaid. This can have an adverse effect on the individual, both in terms of accessing other credit transactions and even employment opportunities.
It is against this background that the National Credit Amendment Bill is introduced. It covers the following areas – some of which I will speak on.
First of all, it seeks to improve the effectiveness of debt counselling and debt reviewing by removing an anomaly that resulted from a court interpretation of section 129 of the main Act. This section was intended to allow consumers, who were in credit difficulty, to approach creditors with the intention of seeking debt counselling.
The information that was provided was also allowing other creditors to act against these consumers even while they were undergoing debt counselling, often to the extent where these creditors would take action to repossess their homes.
The amendment that is sought here will allow a consumer to be issued with the clearance certificate if he or she has paid up all his or her debt, except the outstanding debt which is being serviced in terms of a mortgage agreement, provided that there are no arrears on that mortgage agreement.
The second area that the amending Bill addresses is the affordability assessment regulations. Research undertaken by the National Credit Regulator revealed that there were in fact serious gaps in the way in which affordability assessments were being conducted.
In terms of the principal Act, credit providers are allowed to develop their own models. Our research revealed that there was a wide variety of practices and that in several cases no real assessments were being conducted at all. This means that a lot of credit was actually extended recklessly, even going against the spirit and objectives of the Act.
In fact, a simple rule of thumb was generally applied: If someone’s name was on the adverse listing of a credit bureau, they would not receive credit even if they were credit-worthy. At the same time, if your name was not there, you were considered fair game and anybody could be preyed on in very predatory ways.
The amending Bill will empower the Minister to provide affordability assessment regulations to achieve uniformity and consistency in this area. In fact, we will be requiring more robust and significant affordability assessments.
Linked to this, the amending Bill amends sections dealing with adverse consumer credit information. It will essentially allow for the immediate removal of adverse credit information after payment on an ongoing basis. This means that a consumer with an adverse listing at a credit bureau need not approach a court anymore to rescind the information that is on their records.
What we found is that it is a costly and difficult process to have your name removed from an adverse listing at a credit bureau even if you paid back the debt that you had incurred. In fact, in my estimation, this has been a disincentive to pay back the debt. If you pay back the debt, you don’t automatically get all the adverse current information removed, so you might as well not bother to pay back the debt. What we are saying now is that once you have cleared the debt, your name will be removed through a simple and straightforward administrative process.
In this regard, let me salute the initiative of this Council and, in particular, the select committee under the chairpersonship of the hon Gamede. It spearheaded a series of hearings, which led to the introduction of Regulation 37386 in the Government Gazette. This regulation will require a once-off removal of adverse credit information from the records of credit bureaus.
From 1 April 2014, credit bureaus will not be able to pass on that information in respect of any transaction that involves credit transactions. [Applause.] They have two months thereafter to remove all that information from the records.
I want to salute the Council for the pioneering work it did, together with our department and the National Credit Regulator, to put that important benefit in place. Given what I said earlier on - that half of all our people have adverse credit records - that is a measure that will benefit no less than 10 million people in this country.
Thirdly, the Act deals with improved standards of service and procedures for debt counsellors. In fact, the debt counsellors are now subject to stricter regulations.
We saw the emergence of alternative dispute resolution agents, and they will now also be subject to regulation under the Bill, as will payment distribution agents, who emerged in the course of the practice of implementing the original Act, with the aim of assisting people involved in credit transactions who were having difficulties with repaying their debt.
The powers of the National Consumer Tribunal are being enhanced. The National Consumer Tribunal, which is a much more cost-effective and easier–to-access facility, will now have enhanced powers to deal with issues arising from the National Credit Act. The Bill will also provide for improved co-operation between the regulators, particularly those in the financial sector.
An important provision, which was inserted at the committee stage in the National Assembly, was that the Minister will be required, within six months of the passing of the National Credit Amendment Bill, to issue new regulations on the maximum charges that may be levied in terms of the cost of the credit.
It has been noticed as a matter of concern that the cost of credit continues to increase disproportionately, especially in relation to poor and working-class people in this country. The amending Bill introduces a cap on credit insurance, and I think it is going to make a difference in terms of the cost of credit.
Predatory and deceptive advertising to consumers will be regulated.
All in all, I think that we will tighten up on illegal credit providers by removing one very important loophole. Up to now, in order to be a registered credit provider, you had to be involved in a minimum of 100 credit transactions. If you have done less than that, you don’t have to register because you would not have been subject to the regulatory framework. What we found is that that was a massive loophole and it enabled a lot of people to slip through under the threshold. They then didn’t find themselves obliged to avoid practices such as holding people’s identity cards and bank cards, preying on people at SA Social Security Agency points and all those kinds of things.
What we will be doing now is to remove that threshold, but there will be an easier space for small people to register. It will be easier to register, but you will now have to register even if you are engaged in less than 100 transactions.
There is a prohibition on the selling and collection of prescribed or extinguished debt. We are reviewing the governing structures of the National Credit Regulator. This is part of the bigger exercise in the Department of Trade and Industry and also in government as a whole.
We are reviewing why some agencies continue to have boards and if these boards are necessary, particularly if we consider the fact that regulatory agencies are being brought back into the department without the necessity of them any longer having to have boards. We did this with the National Regulator for Compulsory Specifications; and through this Bill, we will be doing the same with the National Credit Regulator.
I want to thank the hon Gamede and the select committee for all the work they have done. I have already acknowledged the work they have done on the removal of adverse credit information. I want to thank them also for the way in which they have processed this particular piece of legislation.
It was passed unanimously in the National Assembly and I trust that the NCOP will provide the necessary endorsement for us to be able to move ahead and implement this important amending Bill. Thank you. [Applause.]
NEW MEMBER
(Announcement)
The CHAIRPERSON OF THE NCOP: Order! Just before hon Dikgale speaks, I want to introduce a new member who has recently joined us, so that you know that we have a new member or face in the House.
His name is Stanford Makashule Gana, from the DA. He comes from Gauteng province and replaces Beverly Abrahams. He was sworn in as a member of the Council in my office this morning. He is now a member of the NCOP. [Applause.]
Mrs M C DIKGALE: Hon Chairperson, hon Minister, hon Members of the Council, guests in the gallery, I want to say this to hon Mnguni: Even though you are sitting next to the man who replaced our woman, please keep on doing the job; we also need him in the ANC. [Laughter.]
Hon Chairperson, one of the distinguishing characteristics of the ANC-led government is its caring for the vulnerable people of our society. Our government is determined to eradicate poverty. It is beyond contention that poverty eradication attempts would prove vacuous and hollow if we did not secure the most vulnerable people from debt entrapment.
It is a historical fact that the apartheid dispensation and its economy were driven, in the main, by rural underdevelopment and racial economic exclusion. Rural areas were deemed to be labour reserves from which the able-bodied were transported in droves to urban areas as cheap labour and exploited until they were of no use to the exploitative industrial bosses, either because of sickness or old age.
Upon the depletion of their strength, they would be returned to the rural areas in a state of unconscionable poverty to be cared for by their struggling families.
It is thus common cause that the rural areas remain the most underdeveloped and economically marginalised in our country. The reversal of the legacies of poverty, unemployment and income inequality – I call them the three devils – has to be targeted, in the main, in rural areas. It is the rural poor who find themselves irreversibly indebted and thus rural economies remain underdeveloped.
Many credit providers continue to extend expensive credit to poor people in the rural areas without conducting proper affordability tests. As a result many poor people become increasingly overindebted and have impaired credit records. The impairment of credit records deepens the crisis our people find themselves in, as they not only lose access to credit but also to employment.
We welcome the provision in the Bill that allows for the automatic removal of adverse credit information upon the consumer repaying the owed debt to the creditors. It is the direct opposite of the current situation in which payment of debt does not offer automatic removal from the adverse credit information record.
In other words, even though a consumer may have paid all his or her debt, they continue to be barred from free participation in the country’s commerce. Surely the current situation is not only harsh, but for all intents and purposes it is also unreasonable and cannot be justified in a caring society, underpinned by the spirit of ubuntu.
It is fallacious to assume that equality before the law, guaranteed by section 9(1) of our Constitution, translates into the consumer being on an equal footing with credit providers. Many of our people who procure credit do so under the pressure to relieve immediate needs and thus find themselves falling prey to unscrupulous and at times unauthorised credit providers.
We therefore welcome the strengthening of the powers of the National Credit Regulator to ensure more efficient regulation of the industry. In the same way, we welcome the enhanced ways of dealing with reckless lending and the penalties that will be handed down to offenders.
Rural economic development is often slowed down by the lack of capacity of the rural consumer to participate in the economy. As I have mentioned above, the listing of poor people and unemployed people in adverse credit records not only prevents them from accessing credit but impedes them from eligibility for employment. It is a vicious cycle of underdevelopment that feeds on itself to the detriment of the poor.
Therefore, the powers that are being vested in the National Consumer Tribunal to declare a credit agreement reckless will protect the vulnerable people of our society from increasing poverty. In this regard, rural economies will also be strengthened by the more enhanced buying power of its general population as the majority will be employable and brought into the centre of economic activity.
The rule of law requires that creditors institute action in view of collecting debts against debtors within a given timeframe. By law, if a debt is not collected within a given period of time, such debt is extinguished by prescription. However, many credit providers have conducted, and continue to conduct, the business of selling prescribed debt and thus burdening the consumer with exorbitant repayment amounts as the debt-collecting agents add their own charges, compounded with interest accumulated on the principal debt over the years.
Many poor people continue to lose their assets and fall deeper and deeper into poverty because of such unconscionable activities. We therefore welcome the prohibition of sale of prescribed debt, which ensures that the law is upheld. This has the effect that prescription of the debt owed releases the consumer from the payment of such debt.
In conclusion, our role as representatives of the people is not only to ensure economic growth through supporting our government to create favourable conditions for commerce and foreign direct investment. Our mandate must fundamentally be informed by the purposive interpretation of our Constitution of creating an equal society in which fundamental human rights are protected and freedom for all is advanced.
We are therefore enjoined to protect the vulnerable in our society. Perhaps it is time that we also re-examine our jurisprudence or legal philosophy as well as our common law in relation to how they treat poor and vulnerable people.
Perhaps our approach must not be informed so much by the need to protect those who do business by ensuring ease of collecting the return on their investments, even at the expense of the human dignity of those who enter into agreements with them in good faith. It is high time that our history of underdevelopment and economic exclusion directs how the poor people are treated by the law.
We support this Bill because it restores the dignity of the poor and marginalised people. It is a Bill that will enhance the economic activity of rural economies by removing the stranglehold of adverse listings on poor people.
This is a Bill that will ensure that those who seek to ensnare and entrap the rural poor in a web of debt are penalised. It is a Bill that will limit the propensity of a number of credit providers to engage in reckless lending.
Indeed, for the first time, we move South Africa forwards to a future in which payment of one’s debts will result in automatic removal from bad-record listings and the freedom to engage in commerce. This amnesty means more to poor people in general and to the rural poor in particular. Thank you. [Applause.]
Ms E C VAN LINGEN: Chairperson, hon Minister and hon members, the financial industry in South Africa, led by the Reserve Bank and commercial banks, has a credible reputation. In fact, the banking system in South Africa is recognised as one of the best.
However, the situation in terms of the needs on the ground differ very much from this reputable and technologically advanced system. According to the National Credit Regulator, NCR, over 9 million people have more debt than they can afford. More than 16 million people have impaired credit records, which means they have fallen behind with payments, they have stopped paying or they might even be blacklisted.
Poor South Africans are exploited by credit providers and too many are bullied by reckless lenders and loan sharks. Consumers are charged very high interest rates, handling fees and additional premiums for credit insurance. Unfortunately, the risk profiles of consumers are not considered. Therefore, the cost of credit leaves many poor people with having their property confiscated. They lose control of their personal finances by handing over their bank or social grant cards to loan sharks although this is illegal. They are often bullied into signing voluntary garnishee orders.
It became necessary to protect vulnerable communities by placing obligations on the industry rather than to prescribe to consumers when credit transactions may be entered into. It became necessary to plug the loopholes in legislation, especially in the micro-lender and credit-provider sector, to stop unfair, discriminatory and unreasonable credit-providing practices. It became necessary to apply the same responsibilities of the top end of the credit market to the bottom end too.
In the proposed amendments, the NCR is empowered to ensure that the whole industry complies with the same principles and requirements in law when dealing with consumers and their right to protection. The amendments also provide for the structuring, organisation and operation of the National Consumer Tribunal.
The Minister ran through many of the amendments in the Act and I would like to add to and discuss the impact of these amendments as follows.
The provision for registration and voluntary cancellation of all payment distribution agents should stop informal, unprincipled and illegal operations. Measures relating to debt councillors and the conduct of their practices will be tightened.
The removal of adverse credit records of a consumer under debt review or debt-rearrangement agreement will be removed once the debtor has met all payment obligations or has been rehabilitated. The primary home of a consumer is protected when distress debt must be evaluated and rearranged under the debt review process.
To address irresponsible granting of credit, lenders and credit providers will have to consider the affordability of credit to consumers through affordability assessment regulations. All credit providers, even micro-lenders and loan sharks, must register to comply with the relevant requirements. The process for proper consideration for restructuring of distress debt is required to assist consumers to be able to meet their obligations.
Debt councillors will be obliged to issue rehabilitation certificates once a consumer has complied with the requirements of the rearranged debt agreement. The amendments also provide for the capping of costs, interests, levies and credit insurance via regulations by the Minister of Trade and Industry in consultation with the Minister of Finance. We request the Minister to be sensitive when issuing regulations to protect the industry from consequential damage. It was agreed that such regulations will be submitted to Parliament for oversight prior to publication.
The proposed amendments to the National Credit Act are in support of a reliable and credible industry in order to optimally support and protect consumers. Ultimately, responsible consumer spending through credit agreements can contribute to economic growth and job creation.
In closing, I would like to thank Minister Davies; Director-General Lionel October; Deputy Director-General Ntuli, who is also present today; the Department of Trade and Industry’s parliamentary liaison officer, Saroj Naidoo; and, in particular, Justice Mokoena. Thank you to the other DDGs and Department of Trade and Industry staff. It has been an amazing five years and we wish to congratulate the department on its performance.
We also wish to thank the select committee chairperson, hon Dumisani Gamede, for the role he has played, not only with this legislation but over the five years. Thank you. [Applause.]
Mrs V KEKESI: Hon Chairperson, hon Minister, hon Chief Whip, hon members of this House, comrades and friends, credit is one of the cornerstones of the modern financial system. It lubricates the economy and promotes commercial activity. However, credit enables people to spend money they don’t have and more money than they earn. They use credit for ordinary purchases, even when they have cash. They use debt to pay off debt.
Credit is often used by poor people who don’t have financial management skills. This leads them into a situation of overindebtedness, where they are unable to service credit agreements.
The complex nature of credit agreements renders many consumers vulnerable and often exploited by credit providers. This led to the establishment of the National Credit Act. The Act, like other pieces of legislation such as the Financial Advisory and Intermediary Service Act of 2002, and the Financial Intelligence Centre Act of 2001, which affect the financial services industry, helps to enhance control for better or more responsible credit practices in the credit industry.
The National Credit Act was the subject of intensive consultation and is arguably one of the best-researched pieces of legislation to be introduced into our law. The Act comprehensively regulates the credit industry and profoundly changes and codifies much, if not all, consumer credit law. The Act also introduced new concepts to our law, such as affordability, reckless lending and debt counselling.
Among a long list of abuses, the Act targets incorrect credit information; exploitative interest rates, fees and charges; abusive collection charges; discriminatory credit granting and lending without regard for a borrower’s ability to repay.
The NCA has updated areas of the law that were contained in the Credit Agreements Act, the Usury Act and elsewhere and that were cumbersome, unintelligible, ineffective, subject to abuse or just obsolete.
The specific objectives of the Act are inter alia:
to promote and advance the social and economic welfare of South Africans; promote a fair, transparent, competitive, sustainable, responsible, efficient, effective and accessible credit market and industry, and to protect consumers by
(a) promoting the development of a credit market that is accessible to all South Africans and in particular to those who have historically been unable to access credit under sustainable market conditions.
Terms such as “overindebtedness” and “reckless lending” are key concepts, which have changed the basis on which credit is granted and go far beyond simply checking the credit records.
The National Credit Act of 2005 was part of a comprehensive legislation overhauling by the ANC government, designed to protect the consumer in the credit market and make credit and banking services more accessible. The Act was introduced, and I quote:
To promote and advance the social and economic welfare of South Africans; to promote a fair, transparent, competitive, sustainable, responsible, efficient, effective and accessible credit market and industry; and to protect consumers ...
The purpose of the National Credit Act is therefore to promote a fair and nondiscriminatory marketplace for access to consumer credit, to regulate consumer credit, to improve standards of consumer information and to prohibit certain unfair credit and credit marketing practices.
Regulation of the consumer credit market is one of the constitutional imperatives advocated by the Constitution of the Republic of South Africa. The ANC believes that at the heart of the prohibition of unfair discrimination lies the recognition that the purpose of our new constitutional and democratic order is the establishment of a society in which all human beings are accorded equal dignity and respect, regardless of their membership of particular groups.
The ANC also believes that all citizens of South Africa, at present and in future, have the right to a life of wellbeing. On the 20th anniversary of our freedom, there can be little argument that the human-rights values underpinning our democratic dispensation have become increasingly entrenched with the passage of time.
More and more of our people have come to rely on and assert their rights, which have been placed within their grasp by the ANC government, through the broad objectives of the ANC’s financial and economic policies, aimed at fulfilling these rights in accordance with constitutional imperatives.
Since the coming into operation of the National Credit Act of 2005, there have from time to time been implementation and interpretation challenges in respect of credit regulation. These challenges necessitate amendments to the Act in order to ensure proper and better implementation of the Act and to ensure certainty and clarity where the Act seems to create uncertainty. The main objective of the National Credit Amendment Bill is to address the implementation challenges that have materialised.
It is acknowledged that one of the key areas requiring attention is reckless lending. The Bill seeks to develop and nurture an environment that balances responsible lending and borrowing with access to affordable credit.
The key amendments that would change the lives of our people, who are dependent on credit for their sustainable livelihoods, are to be found in clauses of the Amendment Bill. It would allow the Minister to require all credit providers to register and empower him to issue affordability assessment regulations that provide for a debt counsellor to issue a clearance certificate if the consumer has satisfied all the debt obligations as prescribed.
It would provide for the automatic removal of consumer credit information and for a registered auditor to confirm that consumer credit information has actually been reviewed, verified, corrected or removed. It would also empower a person to submit a complaint concerning allegations of a reckless credit agreement to the National Credit Regulator.
It has been far too easy for credit providers to simply provide credit and easy loans without considering the effect of their actions on overindebted communities. The National Credit Amendment Bill will certainly go a long way in restoring economic freedom and economic independence to an important part of our population.
In conclusion, it is not child’s play to be a member of the NCOP. As you can see, members of the NCOP are committed to taking South Africa forwards. They are under pressure with regard to Bills and don’t resist. Because of your leadership, they work day and night.
In South Africa, people are waiting for 7 May 2014 to cast their votes for the ANC so that the ANC can govern forever ...
... tot Piet kom. [... until Peter comes.]
Let us join hands together with the other political parties ...
The CHAIRPERSON OF THE NCOP: Hon member, your speaking time has expired. Finish the remaining sentence.
Mrs V KEKESI: Laat ons almal Suid-Afrika vorentoe neem. [Let all of us take South Africa forwards.]
Chair, thank you so much for your leadership and thank you, my chairperson, Comrade Gamede. [Applause.]
Mr K A SINCLAIR: Hon Chairperson and hon Minister, it is appropriate that we debate these specific amendments in this Bill whilst celebrating 20 years of democracy. I still remember the day when the hon Gamede, the chairperson of our committee, had a discussion with me and asked why there could be amnesty for people who killed each other during the struggle but we can’t have amnesty for people who defaulted on credit agreements. It seems like yesterday.
Today we are here in this Council and at the core of this whole debate is a critical question. This critical question is: What type of a society are we building 20 years after democracy? The challenge remains: Do we have a strong sustainable middle class? But we know the realities. The realities are that we tend to taunt the poor and the marginalised. We need to address that.
In the context of this, a certain James Taylor once said, and I quote:
People should watch out for three things: avoid a major addiction, ...
How can I say this? To me it sounds like the DA has an addiction to opposing everything these days! [Laughter.]
... don’t get so deeply into debt that it controls your life, and don’t start a family before you are ready to settle down.
The unfortunate reality is that all three the issues that Taylor warned society about have become issues that modern-day society must deal with.
Worst of all, in my opinion, and of relevance to today’s debate, is overindebtedness. We have come a long way since the National Credit Act came into operation. This Act, however, did not suffice and implementation challenges necessitated amendments to it.
We knew the results of the review process. It indicated that South Africa is a role model in terms of credit regulation. The National Credit Act has had a significant impact on the curbing of reckless lending. There were a number of issues that it referred to and one of them is education.
Let me say that it is shocking to see how far advertisements go to lure consumers into credit and credit agreements. Let me perhaps refer to one - and unfortunately this is an advertisement for a bank. It says if you need a loan and you earn R1 000 a month, the bank can suggest that you qualify for a loan of up to R300 000. These types of advertisements are certainly irresponsible and do not serve the cause that we want to achieve.
I want to conclude by saying that South Africa, as a developing country and as a society in transformation, needs to reform the credit industry. More than that, the government had an obligation to intervene and improve the regulatory environment governing the industry.
We all know horrific stories. I hope that this piece of legislation and the amendments will get us to the point where we can make sure that we can create a middle class that is sustainable in the modern South Africa. I thank you. [Applause.]
Mr F ADAMS: Hon Chairperson, hon Minister Davies, hon members and comrades, when debating this Bill it is necessary that we consciously understand the political grounding of the amending Bill, its history and the direction in which it seeks to take the financial sector of our country.
The ANC’s 51st national conference in December 2002 resolved that South Africa’s financial sector should play a positive developmental role by increasing economic activity through the provision of credit and efficient payment mechanisms and should support legislation on the regulation of credit bureaus, as agreed to by the Nedlac-convened Financial Sector Summit of August 2002.
The origins of the Financial Sector Summit are to be found in the Red October campaign, a campaign formulated and driven by the SA Communist Party and endorsed by multiple stakeholders, including the ANC.
The objectives of the Financial Sector Summit were to lay the basis for the transformation of the financial sector in favour of the poor; build collectivised forms of capital through structures, such as co-operatives, that represent the poor; influence community reinvestment legislation and the creation of a co-operative banking sector and other publicly owned financial institutions; convene an urgent sectoral summit on development, financing and banks; and direct investment to labour-intensive and socially desirable asset projects.
The Financial Sector Summit agreement set out clear commitments from all stakeholders to transform and diversify the financial sector. One of the key recommendations arising from the Financial Sector Summit was the regulation of credit bureaus. It called for a regulatory framework to ensure that they provide unbiased information, are open to consumer complaints and that there is no scope for discrimination.
The National Credit Act of 2005 is a product of the Financial Sector Summit and campaign — I wonder which other party can boast about products and campaigns here in this House, except for the ANC.
The principal Act protects consumers in the credit market, making credit and banking services more accessible to the masses of our people. The Financial Sector Charter and its codes, which came into effect in 2004, also address the inequalities manifest in the country’s financial sector. A positive and proactive response from the financial sector through the implementation of broad-based black economic empowerment seeks to further unlock the financial sector’s potential.
The reality this amending Bill seeks to address is a South African population consisting predominantly of low-income earners who have no recourse to channels of credit-granting other than micro-financiers. These micro-financiers have earned themselves a negative reputation for overpricing debt repayment and capitalising on this vulnerable market. This has, over time, resulted in a large number of consumers being heavily overindebted and unable to service their monthly debt repayments.
The National Credit Act was designed to achieve objectives to benefit and protect the consumer, to regulate consumer credit and to ensure fair and nondiscriminatory access to consumer credit and improved standards of consumer information. It also seeks to promote the responsible granting of credit and provides for debt reorganisation in cases of overindebtedness.
Importantly, the Act deals with credit providers that provide credit recklessly and suspend agreements with consumers and render the credit provider’s rights under the agreement not enforceable.
In particular, the Act identified predatory marketing practices by credit providers and prohibited a credit provider from harassing a consumer, like the DA’s harassment of our people: “Vote DA, otherwise your electricity will be cut.” No, that is not how the ANC works. [Interjections.]
Thanks to the ANC government, the Act gave the consumer basic rights with regard to the credit market. Consumers, especially the illiterate, were placed in a position of protection from unjustifiable exploitation, exploitation like that of the DA of the people: renting a crowd for two months or a-month-and-half. [Interjections.]
It is thanks to the ANC government that the 2005 National Credit Act undoubtedly sheltered the South African economy from the effects that most countries, including developed countries, suffered during the financial crisis. The Act was lauded by the Cape editor of a South African financial daily newspaper, who stated:
South Africa’s National Credit Act has attracted the attention of policy-makers worldwide who are keen to prevent the reckless lending practices that were the root cause of many of the recent bank failures.
South Africa is also the world leader in terms of policies. The ANC-led government does that. I wonder if the DA, Cope or any other party can talk about policies. They do not even have their own.
Although the Act has been successful, its implementation impact has not been without challenges and areas of improvement are still being identified to make it more effective, hence the need for a review of the policy. A draft policy framework therefore sought, inter alia, to enhance the waste of dealing ... [Interjections.]
The CHAIRPERSON OF THE NCOP: Order! Hon member, order! Hon Faber, on what point are you rising?
Mr W F FABER: Hon Chair, I rise on a point of order: The hon member is misleading the House on different points regarding the DA. [Interjections.]
The hon member started by saying electricity would be cut if you didn’t vote for the DA. He also said that the DA does not have policies. I would like him to set that right please, hon Chair, as he is definitely misleading the House.
The CHAIRPERSON OF THE NCOP: Order! I gave a ruling a long time ago in terms of misleading the House. You know my ruling on that. You can go back to the Hansard and read it. Continue, hon member. [Interjections.]
Mr F ADAMS: Thank you, Chair. According to the National Treasury, the key test for the National Credit Act’s amendments was to give effect to new prudential regulatory objectives relating to the need for financial stability as a policy priority - meaning that no regulator should act in a way that can cause a systemic crisis - and to give effect to international commitments to make the financial sector safer.
At its 53rd national conference in December 2012, the ANC stated that -
As an integral part of the second phase of our transition from apartheid to a national democratic society, we need to accelerate growth and intensify our programme of economic transformation. Over the next five years, the ANC will take decisive and resolute action to overcome the triple challenges of poverty, inequality and unemployment, which are at the heart of South Africa’s socioeconomic challenges.
We intend to transform the structure of the economy through industrialisation; broad-based black economic empowerment; addressing the basic needs of our people, including women and youth; strengthening and expanding the role of the state and the role of state-owned enterprises.
The positive changes that the ANC seeks to make will not emerge spontaneously from the invisible hand of the market. The ANC-led government must play a central and strategic role by taking decisive action that is effective in addressing the social conditions of the masses of our people, and it must overcome the patterns of economic marginalisation by expanding the opportunities for sustainable livelihoods.
In the past five years, the proportion of South African adults with access to banking services has increased from 60% in 2009 to 75% in 2013, while an amnesty for 5 million people with adverse credit records was initiated. The amending Bill will enhance this.
The National Credit Amendment Bill, when enacted, will positively contribute towards the continued development and implementation of the ANC’s framework aimed at creating conditions conducive to sustainable livelihoods.
I want to end off by thanking our committee chairperson. Ngiyabonga, Baba. Sihlalo ... [Thank you, mister. Chairperson ...]
... for initiating this in the NCOP and in our committee. He was passionate about it. He was so passionate that he ignited all other members, including DA and Cope members, who were jumping up and down in their chairs when we started with this. But then they got other orders from somewhere up above - I think from Wale Street - to say “No, you do this and you do that.” They are not independent thinkers, as the ANC members are.
Thank you very much, Sihlalo Gamede, for leading this committee in order to implement ANC policies. Thank you very much. Also, to the Minister: thank you very much, Minister. To Director-General October, and Deputy Director-General Ntuli, the biggest Chiefs-Pirates supporter in South Africa, thank you very much for the time and the effort in leading us up to the Bill. [Laughter.]
To our able, competent and always passionate Stormers supporter, PLO Saroj Naidoo; to the other members of the committee and to the ANC as a whole: Victory for South Africa has already started. Watch this space on 7 May 2014 at 12h00, when you will see the results. Victory will be ours. Forwards march, backwards never! Chair, I nearly said “amandla” [power], but I thank you. [Laughter.]
The MINISTER OF TRADE AND INDUSTRY: Hon Chairperson, let me thank all the speakers for the support they have offered this Bill. I think it is the statement by everybody in this House that this is, in fact, an important piece of legislation and that both the amending Bill and the Principal Act are here to encourage responsible credit provision and to protect the poor consumers against all kinds of unscrupulous practices. In order to put the discussion into context, I just want to name some of these practices.
When the Marikana tragedy occurred, the National Credit Regulator went to Marikana and found out that there were no less than 11 small loan providers there, most of whom were noncompliant with one or other aspect of the Credit Act. Typically, what was happening there was that people were just being offered all kinds of credit with very high rates of interest.
The credit providers did not have to take any risks. They would take a garnishee order so that when the wages of the workers were paid to them, then the top slice of that would be the garnishee-order repayment to the credit provider. That is the sort of practice that we have seen in this country.
We have all seen on the television the advertisements aimed at happy gogos [grandmothers] getting their small loans. We did not see what the costs will be, and also the interest they will have to repay. We have seen a variety of practices like that. What we are basically saying is the following.
We need to get into a situation in this country where we do not have to extend credit recklessly; where we require credit providers to do a robust affordability assessment to make sure that the people who are undertaking this debt can do so responsibly and have the income to justify it; that the loan is for a reasonable purpose and that they have a reasonable chance of repaying.
Work has already been done by the National Treasury to amend the regulations on garnishee orders so that such orders would not be available to the credit providers in the same way that it has been. Basically, that is the situation.
Because I have been getting a few notes from members, I just want to explain what the removal exercise is that I was referring to. At the other end of the scale we found that there were 10 million people who, maybe while still much younger, at one stage or another in their lives, got next to their names at the credit bureaus words like “slow payer”, “delinquent payer”, “defaulter” or “absconder” because they defaulted in their payment of some debt or the other.
What happens is this: Some credit providers would go to the credit bureau, which is a commercial company, and see this kind of language next to peoples’ names. That would make it impossible for them to get credit. If they appliedfor a job, they would probably not get it.
Now, how do they get their name off the credit bureau lists? Not in an easy, simple or cost-effective way, at the moment! They actually have to go to court to pay the money off and pay another packet of money at court to get their names off the credit bureau list. That is what we are changing. We are changing that! What is this removal of adverse credit information? It is about removing those kinds of phrases from people’s names.
I think I should clarify that it is not an amnesty on the debt. If you incurred a debt and you owe somebody some money, you still owe that money. We are not saying that you don’t owe them anymore; you still do. But, the credit bureau will have to take off that information in that way, as a once-off. That is the exercise that was initiated by the hon Gamede.
If you have a court judgment against your name, they can still say you do; but if you don’t, they will have to remove all the phrases attached to your name on a once–off basis. On 1 April, it will no longer be legal for a credit bureau to provide information containing those kinds of phrases to any credit provider. Thereafter, they have two months to remove all that information from their books, in order for people not to come back again.
The credit bureau can still provide the credit provider with people’s payment information without those statements. The credit provider will then have to conduct a proper affordability assessment. If they see that in the past six months one has made a payment with no information that states that he or she is a slow payer or nonpayer, they will have to make a call as to whether to extend a credit or not to that person.
So, we think that there is a basis for responsible decisions and proper affordability assessments by the credit providers. What will happen is this: After people have paid up and rehabilitated themselves, instead of going to court to spend another packet of money, their information will be expunged.
The people, therefore, will not have this albatross around their necks for many years. This is very detrimental to them. That is the work we have done, with the support and the leadership of Comrade Gamede and the NCOP.
I once again would like to thank him for that piece of work. We will also be calling on the Credit Regulator and the National Credit Tribunal to look at the way in which credit is marketed in this country, particularly to low-income people. We can’t have a situation in which people are just being offered credit recklessly, willy-nilly and without control. We are looking at that and we ask the National Credit Tribunal and the Credit Regulator to look at that.
Finally, let me also just thank everybody who has made this piece of legislation a great success by gathering of the support of all the parties. Although Comrade Freddie Adams said that we led it as the ANC government and as the ANC, we managed to get all parties to support it, even at this time of the term. I think that is a considerable achievement that has a lot to do with the work done by the officials.
I also want to salute the Deputy Director-General of the Consumer and Corporate Regulatory Division, who spearheaded the work in Parliament, and the National Credit Regulator for the important work they have done.
Once again, I thank everybody for their support. We look forward to being able to improve the regulation of the credit industry in this country through this legislation. Thank you. [Applause.]
The CHAIRPERSON OF THE NCOP: Order! From the Chair also, thank you to Mr Gamede. You have been a proactive Member of Parliament and thanks for a fine piece of legislation, as everybody has said. Please give him a big round of applause! [Applause.]
I am advised that you are requested immediately after the adjournment to go and stand on the steps of the NCOP for a brief photo session. People will want to share your photos, perhaps when you are no longer in the NCOP one day. So, there will be a quick photo session outside.
Debate concluded.
Question put: That the Bill be adopted.
IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.
Bill accordingly agreed to in accordance with section 65 of the Constitution.
The Council adjourned at 12:16
__________
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
THURSDAY, 20 MARCH 2014
TABLINGS
National Council of Provinces
1. The Chairperson
(a) Statement issued in terms of section 106(1)(b) of the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000), on allegations of maladministration, fraud, corruption or any other serious malpractices within Victor Khanye Local Municipality, Mpumalanga.
Referred to the Select Committee on Cooperative Governance and Traditional Affairs for consideration and report.
COMMITTEE REPORTS
National Council of Provinces
National Council of Provinces
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PRINTER PLEASE INSERT T140320e-Insert6 – PAGES 1762 - 1779
MONDAY, 24 MARCH 2014
ANNOUNCEMENTS
National Assembly and National Council of Provinces
The Speaker and the Chairperson
1. Classification of Bills by Joint Tagging Mechanism (JTM)
(1) The JTM in terms of Joint Rule 160(6) classified the following Bills as a section 76 Bill:
(a) Protection of Crucial Infrastructure Bill [PMB 2 – 2014] (National Assembly – sec 76).
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Water and Environmental Affairs
(a) Botshelo Water Board’s proposed increase in water Tariffs for 2014-15, tabled in terms of section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
(b) Magalies Water Board’s Proposed increase in Water Tariffs for 2014-15, tabled in terms of section 42 of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
COMMITTEE REPORTS
National Assembly and National Council of Provinces
Annual Report of the Joint Committee on Ethics and Members’ Interests, dated 12 March 2014:
Joint Rule 124(2) stipulates that the Committee on Ethics and Members’ Interests must report to both Houses at least annually on the operation and effectiveness of the Code of Conduct for Assembly and Permanent Council Members.
1. The Committee hosted a seminar on ethics at which the Auditor‑General, Public Protector and Public Service Commission all made inputs.
2. The Committee considered allegations against former Minister Hon D Pule MP, which was completed. A report to the National Assembly was tabled on 7 August 2013.
3. The Committee hosted the Ekhuruleni Municipality during its study visit to Parliament to consider the functioning of the Code of Conduct.
4. The Committee considered allegations of a breach of confidentiality against Hon D Kohler‑Barnard MP, which were dismissed by the Committee on 16 October 2013.
5. The Committee adopted the 2013 Register of Members’ Interests on 16 October 2013.
6. The Committee adopted a report on a complaint against Hon M R Mdakane.
7. The Committee adopted and tabled a revised Code.
Approved.
Signed______________________ Signed_____________________
Co-Chairperson Co-Chairperson
Mr B L Mashile Prof B Turok
Date_______________________ Date_______________________
Report to be noted.
TUESDAY, 25 MARCH 2014
ANNOUNCEMENTS
National Council of Provinces
The Chairperson
1. Referral to Committees of papers tabled
(1) The following paper is referred to the Select Committee on Security and Constitutional Development for consideration and report:
(a) Convention on Cluster Munitions, tabled in terms of section 231(2) of the Constitution, 1996.
(b) Explanatory Memorandum to the Convention on Cluster Munitions.
(2) The following papers are referred to the Select Committee on Education and Recreation for consideration:
(a) Annual Performance Plan of the Department of Arts and Culture for 2014/15.
(b) Annual Performance Plan of the Afrikaans Taal-museum and Monument for 2014/2015.
(c) Annual Performance Plan of the Iziko Museums of South Africa for 2014/15 – 2018/19 [RP 31-2014].
(d) Annual Performance Plan of the National English Literary Museum for 2014/2015 [RP 334-2013].
(e) Annual Performance Plan of the Kwazulu-Natal Museum for 2015-17 [RP 21-2014].
(f) Annual Performance Plan of the Msunduzi/Voortrekker and Ncome Museums for 2014-2015 [RP 05-2014].
(g) Annual Performance Plan of the National Museum – Bloemfontein for 2014 – 2015 [RP 06-2014].
(h) Annual Performance Plan of the Ditsong Museums of South Africa for 2014 – 2015 [RP 20-2014].
(i) Annual Performance Plan of the Robben Island Museum for 2014-15 [RP 58-2014].
(j) Annual Performance Plan of the War Museum of the Boer Republics for 2014/2015 [RP 07-2014].
(k) Annual Performance Plan of the William Humphreys Art Gallery Kimberley Northern Cape for 2014-15.
(l) Annual Performance Plan of the Freedom Park for 2014 – 2015 [RP 09-2014].
(m) Annual Performance Plan of the National Heritage Council for 2014 - 2015 [RP 19-2014].
(n) Annual Performance Plan of the National Film and Video Foundation for 2014/15.
(o) Annual Performance Plan of the South African Heritage Resources Agency (SAHRA) for 2014-2015 [RP 18-2014].
(p) Annual Performance Plan of the South African Library for the Blind for 2014/15 [RP 22-2014].
(q) Annual Performance Plan of the National Library of South Africa for 2014 – 2015.
(r) Annual Performance Plan of Artscape for 2014/15 [RP 27-2014].
(s) Annual Performance Plan of the Performing Arts Centre of the Free State for 2014/15 [RP 13-2014].
(t) Annual Performance Plan of the South African State Theatre for 2014 – 2015 [RP 11-2014].
(u) Annual Performance Plan of the Playhouse Company for 2014 – 2015 [RP 10-2014].
(v) Annual Performance Plan of the Windybrow Theatre for 2014-15.
(w) Annual Performance Plan of the Market Theatre Foundation for 2014 – 2015.
(x) Annual Performance Plan of the Luthuli Museum for 2014/2015.
(y) Annual Performance Plan of the National Arts Council for 2014/15 [RP 57-2014].
(z) Annual Performance Plan of the Nelson Mandela Museum for 2014/15 [RP 61-2014].
(aa) Annual Performance Plan of the Pan South African Language Board for 2014- 2015 [RP14-2014].
(bb) Annual Performance Plan of the Department of Basic Education for 2014 – 2015.
(cc) Annual Performance Plan of the South African Council for Educators (SACE) for 2014/15.
(dd) Annual Performance Plan of the Quality Council for General and Further Education and Training (UMALUSI) for 2014 – 2015.
(ee) Annual Performance Plan of the Education Labour Relations Council (ELRC) for 2014-15.
(ff) Annual Performance Plan of the Department of Science and Technology for 2014/15.
(gg) Annual Performance Plan of the South African National Space Agency (SANSA) for 2014- 2015. (no letter attached)
(hh) Strategic Plan of the Council for Scientific and Industrial Research (CSIR)
for 2014/15 - 2018/19 and Annual Performance Plan for 2014/15 – 2016/17.
(ii) Strategic Plan of the National Research Foundation (NRF) for 2015.
(jj) Annual Performance Plan of the National Research Foundation (NRF) for 2014/15 -2016/17.
(kk) Strategic Plan of the Human Sciences Research Council (HSRC) for 2014/15 – 2018/19 and Annual Performance Plan for 2014/15.
(ll) Annual Performance Plan of the Academy of Science of South Africa (ASSAF) for 2014/2015.
(mm) Annual Performance Plan of the National Advisory Council on Innovation for 2014/15.
(nn) Annual Performance Plan of the Technology Innovation Agency (TIA) for 2014/15.
(oo) Strategic Plan of the Department of Sport and Recreation South Africa for 2014 – 2019.
(pp) Annual Performance Plan of the Department of Sport and Recreation South Africa for 2014/15.
(qq) Strategic Plan of the South African Institute for Drug-Free Sport for 2013 – 2018.
(rr) Annual Performance Plan of Boxing South Africa for 2014/15.
(3) The following papers are referred to the Select Committee on Security and Constitutional Development for consideration:
(a) Annual Performance Plan of the Department of Correctional Services for 2014/2015.
(b) Annual Performance Plan of the Department of Military Veterans for 2014.
(c) Annual Performance Plan of the South African National Defence Force for 2014.
(d) Executive Authority Overarching Annual Strategic Statement for 2014 [RP 339-2013].
(e) Annual Performance Plan of the Defence Secretariat for 2014 [RP 340-2013].
(f) Annual Performance Plan of the Castle Control Board for 2014 [RP 83-2014].
(g) Strategic Plan (Corporate Plan) of the Armscor (Armaments Corporation) for 2014/15 – 2016/17.
(h) Annual Performance Plan for 2014/2015 of the Department of Justice and Constitutional Development.
(i) Strategic Plan for 2014 - 2019 of the National Prosecuting Authority (NPA).
(j) Annual Performance Plan for 2014 - 2015 of the National Prosecuting Authority (NPA).
(k) Report and Financial Statements of the Department of Justice and Constitutional Development on the Third Party Funds for 2010-11, including the Report of the Auditor-General on the Financial Statements for 2010-11.
(l) The 3rd Consolidated Annual Report on the Implementation of the Child Justice Act, 2008 (Act No 75 of 2008).
(4) The following papers are referred to the Select Committee on Economic Development for consideration:
(a) Economic Development Department Annual Performance Plan for 2014/15.
(b) Annual Performance Plan of the International Trade and Administration Commission of South Africa for 2014-15.
(c) Annual Performance Plan of the Competition Tribunal for 2014 – 2015.
(d) Annual Performance Plan of the Department of Energy for 2014/15.
(e) Strategic Plan for 2014 – 2019 and Annual Corporate Balanced Scorecard and Annual Plan for 2014 – 2015 of the National Nuclear Regulator.
(f) Annual Performance Plan of the South African National Energy Development Institute (SANEDI) for 2014/15.
(g) Strategic Plan for 2012/13 – 2016/17 and Annual Performance Plan for 2014/15 – 2016/172-2017 of the National Energy Regulator of South Africa (NERSA).
(5) The following paper is referred to the Select Committee on Appropriations for consideration:
(a) Municipal Budgets for the 2013 and 2014 Medium Term Revenue and Expenditure Framework (MTREF), tabled in terms of section 24(3) of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
(6) The following papers are referred to the Select Committee on Social Services for consideration:
(a) Annual Performance Plan of the Department of Home Affairs for 2014 – 2015 [RP 70-2014].
(b) Annual Performance Plan and Updated Strategic Plan for 2015 – 2019 of the Government Printing Works (GPW).
(c) Strategic Plan of the Film and Publication Board for 2013/14 – 2017/18.
(d) Annual Performance Plan of the National Department of Health for 2014/15 - 2016/17 [RP 37-2014].
(e) Strategic Plan of the National Department of Health for 2014/15 - 2018/19 [RP 37-2014].
(f) Annual Performance Plan of the National Health Laboratory Service (NHLS) for 2014 - 2015.
(g) Annual Performance Plan of the Compensation Commissioner for Occupational Diseases in Mines and Works (CCOD) and the Medical Bureau for Occupational Diseases (MBOD) for 2014 – 2015.
(h) Annual Performance Plan of the South African Medical Research Council (MRC) for 2014/2015.
(i) Strategic Plan of the South African Medical Research Council (MRC) for 2014/15 – 2018/19.
(j) Strategic Plan and the Annual Performance Plan of the Council for Medical Schemes for 2014/15.
(k) Annual Performance Plan of the Department of Social Development for 2014-2015 [RP 88-2014].
(l) Strategic Plan of the South African Social Security Agency (SASSA) for 2014/2015 – 2018/2019 [RP 76-2014].
(m) Annual Performance Plan of the South African Social Security Agency (SASSA) for 2014/2015 [RP 77-2014].
(n) Strategic Plan of the National Development Agency for 2014/15 – 2018/19 [RP 34-2014].
(o) Annual Performance Plan of the National Development Agency for 2014/15[RP 33-2014].
(7) The following papers are referred to the Select Committee on Education and Recreation for consideration:
(a) Annual Performance Plan of the Department of Higher Education and Training for 2014 – 2015 [RP 43-2014].
(b) Strategic Plan of the Department of Higher Education and Training for 2011/11 – 2014/15 [RP 55-2012].
(c) Strategic Plan of Agricultural Sector Education and Training Authority (AGRI-SETA) for 2011 – 2016.
(d) Annual Performance Plan of Agricultural Sector Education and Training Authority (AGRI-SETA) for 2014-15.
(e) Annual Performance Plan and (MTEF) Budget for 2014/15 – 2016/17 of the Council on Higher Education (CHE).
(f) Strategic Plan of the Construction Sector Education and Training Authority (CETA) for 2012 – 2013 and Annual Performance Plan for 2011 – 2016.
(g) Annual Performance Plan of the Construction Sector Education and Training Authority (CETA) for 2014/15.
(h) Strategic Plan of the Energy and Water Sector Education and Training Authority (EWSETA) for 2011/12 – 2015/16.
(i) Strategic Plan of the Education Training and Development Practices Sector Education and Training Authority (ETDP) for 2012/13 – 2016/17.
(j) Annual Performance Plan of the Education Training and Development Practices Sector Education and Training Authority (ETDP) for 2014 – 2015.
(k) Strategic Plan of the Financial and Accounting Services Sector Education and Training Authority (FASSET) for 2011 – 2016.
(l) Annual Performance Plan of the Financial and Accounting Services Sector Education and Training Authority (FASSET) for 2014 – 2015.
(m) Annual Performance Plan of the Food and Beverages Manufacturing Sector Education and Training Authority (FOODBEV-SETA) for 2014 – 2015.
(n) Strategic Plan of the Food and Beverages Manufacturing Sector Education and Training Authority (FOODBEV-SETA) for 2014/15 (Fiscal years 2011-2016).
(o) Annual Performance and Five Year Plan of the Health and Welfare Sector Education and Training Authority (HW-SETA) for 2013 – 2017.
(p) Strategic Plan of the Chemical Industries Education and Training Authority (CHIETA) for 2013/14 – 2017/18 and Annual Performance Plan for 2014 – 2015.
(q) Strategic Plan for 2014/15 – 2016/17 and Annual Performance Plan of the Transport Education Training Authority (TETA) for 2014/15.
(r) Annual Performance Plan of the Public Service Sector Education and Training Authority (PSETA) for 2014-2015.
(s) Strategic Plan of the Public Service Sector Education and Training Authority (PSETA) for 2011-2016 (2014/15 Update).
(t) Strategic Plan of the Insurance Sector Education and Training Authority (INSETA) for 2011 – 2016.
(u) Annual Performance Plan of the Manufacturing, Engineering and Related Services Seta (MER-SETA) for 2014/15.
(v) Strategic Plan of the Manufacturing, Engineering and Related Services Seta (MER-SETA) for 2014/15 – 2018/19.
(w) Strategic Plan of the Mining Qualifications Authority (MQA) for 2014 – 2015 and Annual Performance Plan for 2014/15.
(x) Strategic Plan of Safety and Security Sector Education and Training Authority (SAS SETA) for 2013/14 – 2015/16.
(y) Annual Performance Plan of Safety and Security Sector Education and Training Authority (SAS SETA) for 2014 – 2015.
(z) Annual Performance Plan of the Services Sector Education and Training Authority for 2014 – 2015.
(aa) Strategic Plan of the Services Sector Education and Training Authority for 2011/12 – 2015/16.
(bb) Strategic Plan of the Wholesale and Retail Sector Education and Training Authority (W&R-SETA) for 2011 – 2016.
(cc) Strategic Plan of the Local Government Sector Education and Training Authority (LG-SETA) for 2011 – 2016.
(dd) Annual Performance Plan of the Local Government Sector Education and Training Authority (LG-SETA) for 2014/15.
(ee) Strategic Plan of the Fibre Processing and Manufacturing Sector Education and Training Authority (FP&M SETA) for 2011 – 2016 and Annual Performance Plan for 2014 - 2015.
(ff) Revised Strategic Plan of the Quality Council for Trades & Occupations for 2012/13 – 2016 /17.
(gg) Annual Performance Plan for 2014 – 2015 and Strategic Plan of the South African Qualifications Authority (SAQA) for 2012 – 2017.
(hh) Strategic Plan of the National Student Financial Aid Scheme (NSFAS) for 2012 – 2017.
(ii) Annual Performance Plan of the National Student Financial Aid Scheme (NSFAS) for 2014 – 2015.
(jj) Strategic Plan of the Culture, Arts, Tourism, Hospitality and Sport Sector Education and Training Authority (CATHSSETA) for 2014/15 – 2018/19.
(kk) Annual Performance Plan of the Culture, Arts, Tourism, Hospitality and Sport Sector Education and Training Authority (CATHSSETA) for 2014/15.
(ll) Strategic Plan and Annual Performance Plan of the Banking Sector Education and Training Authority (BANKSETA) for 2014/15.
(mm) Strategic Plan of the Media, Information and Communication Technologies Sector Education and Training Authority (“MICT SETA”) for 2014/15.
(nn) Strategic Plan of the National Skills Fund (NSF) for 2011/12 - 2015/16.
(8) The following papers are referred to the Select Committee on Trade and International Relations for consideration:
(a) Annual Performance Plan of the Department of International Relations and Cooperation for 2014 – 2015.
(b) Strategic Plan for 2014 – 2017 and Annual Performance Plan for 2014 – 2015 of the African Renaissance and International Cooperation Fund.
(c) Strategic Plan of the Department of Trade and Industry for 2014/19 and Annual Performance Plan for 2014/17.
(d) Strategic Plan of the Small Enterprise Development Agency (SEDA) for 2014/15 - 2018/19.
(e) Annual Performance Plan of the Small Enterprise Development Agency (SEDA) for 2014/2015 - 2016/2017.
(f) Strategic Plan of the National Empowerment Fund (NEF) for 2014/15 – 2019.
(g) Annual Performance Plan of the National Empowerment Fund (NEF) for 2014/15 - 2017.
(h) Strategic Plan of the Export Credit Insurance Corporation of South Africa SOC Limited (ECIC) for 2014/15 - 2016/17.
(i) Strategic Plan of the Companies and Intellectual Property Commission (CIPC) for 2014/15 – 2018/19.
(j) Annual Performance Plan of the Companies and Intellectual Property Commission (CIPC) for 2014/15 – 2016/17.
(k) Strategic Plan of the Company Tribunal for 2014/15 – 2018/19.
(l) Annual Performance Plan of the Company Tribunal for 2014/15 – 2016/17.
(m) Strategic Plan of the National Consumer Commission (NCC) for 2014/15 - 2018/19.
(n) Annual Performance Plan of the National Consumer Commission (NCC) for 2014/15 - 2016/17.
(o) Annual Performance Plan of the National Consumer Tribunal (NCT) for 2014/15 -2016/17.
(p) Strategic Plan of the National Consumer Tribunal (NCT) for 2014/15 -2018/19.
(q) (Five Year) Strategic Plan of the National Credit Regulator (NCR) for 2014/15 - 2018/19 and (Three Year) Annual Performance Plan for 2013/14- 2015/16.
(r) Strategic Plan of the National Gambling Board (NGB) for 2014 /2019.
(s) Annual Performance Plan of the National Gambling Board (NGB) for 2014 /2015.
(t) Attachment A: Fraud Prevention Plan of the National Gambling Board (NGB).
(u) Attachment B: Risk Register of the National Gambling Board (NGB).
(v) Attachment C: Profile of Performance Indicators of the National Gambling Board (NGB).
(w) Annual Performance Plan of the National Lotteries Board for 2014/15 – 2016/17.
(x) Strategic Plan (Corporate) of the National Regulator for Compulsory Specifications (NRCS) for 2014 – 2019.
(y) Annual Performance Plan for the Fiscal Years of the National Regulator for Compulsory Specifications (NRCS) for 2014 - 2016.
(z) Strategic Plan of the South African National Accreditation System (SANAS) for 2014/15 - 2018/19.
(aa) Annual Performance Plan of the South African National Accreditation System (SANAS) for 2014/15 - 2016/17.
(bb) Corporate Plan of the South African Bureau of Standards (SABS) for 2014/15 - 2016/17 and Business Plan for 2014/2015.
(cc) Strategic Plan of the National Metrology Institute of South Africa (NMISA) for 2014 - 2018.
(dd) Annual Performance Plan of the National Metrology Institute of South Africa (NEMISA) for 2014 - 2018.
(ee) Strategic Plan (Updated - Final) of the Department of Tourism for 2014/15 – 2018/19 and Annual Performance Plan for 2014-15.
(ff) Strategic Plan (Updated - Final) of the South African Tourism for 2014/15 and Annual Performance Plan (and Budget) for 2014-15.
(9) The following papers are referred to the Select Committee on Labour and Public Enterprises for consideration:
(a) Strategic Plan of the Department of Labour for 2014 - 2019 [RP 41-2014]
(b) Annual Performance Plan of the Department of Labour for 2014 – 2015 [RP 44-2014].
(c) Strategic Plan of the Compensation Fund for 2014/2015 – 2018/2019.
(d) Annual Performance Plan of the Compensation Fund for 2014 – 2015.
(e) Annual Performance Plan of the Unemployment Insurance Fund (UIF) for 2014/15.
(f) Strategic Plan of the Unemployment Insurance Fund (UIF) for 2011/12 – 2015/16.
(g) Strategic Plan of Productivity SA for 2014/15.
(h) Annual Performance Plan of the Commission for Conciliation, Mediation and Arbitration (CCMA) for 2013 - 2018 and Annual Performance Plan for 2013/14.
(i) Strategic Plan of the National Economic Development and Labour Council (NEDLAC) for 2014/15.
(j) Annual Performance Plan of the National Economic Development and Labour Council (NEDLAC) for 2014 – 2015.
(k) Strategic Plan of the National Economic Development and Labour Council (NEDLAC) for 2013/14 – 2014/15.
(10) The following paper is referred to the Select Committee on Public Services for consideration:
(a) Annual Performance Plan of the Department of Transport for 2014/15-2016/17.
(b) Strategic Plan of the Road Traffic Infringement Agency for 2014 – 2019.
(c) Annual Performance Plan of the Road Traffic Infringement Agency for 2014/15.
(d) Strategic Plan of the Cross-Border Road Transport Agency (C-BRTA) for 2014 - 2019.
(e) Annual Performance Plan of the Cross-Border Road Transport Agency (C-BRTA) for 2014 - 2015.
(f) Annual Performance Plan of the Driving License Card Account Trading Entity for 2014/15-2016/17.
(g) Strategic Plan of the South African National Roads Agency SOC Limited (SANRAL) for 2012/2013 – 2016/2017.
(h) Annual Performance Plan of the South African National Roads Agency SOC Limited (SANRAL) for 2014/2015 - 2016/2017.
(i) Strategic Plan (Corporate and Budget Plan) of the Airports Company of South Africa SOC Limited (ACSA) for 2015 - 2017.
(j) Revised Strategic Plan of the Road Accident Fund (RAF) for 2013 – 2017.
(k) Annual Performance Plan of the Road Accident Fund (RAF) for 2014 – 2015 .
(l) Corporate Plan (Final) of the Air Traffic and Navigation Services Company Limited (ATNS) for 2014/15 – 2016/17.
(m) Strategic Plan of the Railway Safety Regulator (RSR) for 2014/2019 [RP 335-2013].
(n) Strategic Plan (Corporate Plan) of the Passenger Rail Agency of South Africa (PRASA) for 2014/15 – 2016/17.
(o) Strategic Plan of the South African Civil Aviation Authority (SACAA) for 2013-14 – 2017 and Annual Performance Plan for 2014/2015.
(p) Revised Strategic Plan of the Road Traffic Management Corporation for 2014-2019.
(q) Annual Performance Plan of the Road Traffic Management Corporation for 2014/15.
(r) Strategic Plan of the Department of Public Works for 2014 – 2019.
(s) Annual Performance Plan of the Department of Public Works for 2014 -15.
(t) Strategic Plan of the Agrément South Africa (ASA) for 2014/2015 - 2018/2019.
(u) Annual Performance Plan of the Construction Industry Development Board (CIDB) for 2014/15.
(v) Annual Performance Plan of the Council for the Built Environment for 2014 – 2015.
(w) Strategic Plan of the Independent Development Trust for 2014/15 - 2018/19 and Annual Performance Plan for 2014/15.
(11) The following papers are referred to the Select Committee on Land and Environmental Affairs for consideration:
(a) Strategic Plan of the Department of Water Affairs for 2014/15 - 2018/19.
(b) Annual Performance Plan of the Department of Water Affairs for 2014/15 – 2016/17.
(c) Strategic Plan of the Department of Environmental Affairs for 2014/15 - 2018/19 and Annual Performance Plan for 2014/15.
(d) Strategic Plan (Final Corporate Plan) of the South African National Biodiversity Institute (SANBI) for 2014 – 2019.
(e) Annual Performance Plan of the South African National Biodiversity Institute (SANBI) for 2014/ 2015.
(f) Strategic Plan of the South African Weather Service for 2014/15 - 2018/19 and Annual Performance Plan for 2014/15.
(g) Strategic Plan of the South African National Parks for 2014/15 - 2018/19
(h) Annual Performance Plan of the South African National Parks for 2014/15.
(i) Strategic Plan (Corporate Strategy) of the iSimangaliso Wetland Park Authority for 2015 - 2019.
(j) Strategic Plan of the Department of Rural Development and Land Reform for 2014 – 2019.
(k) Annual Performance Plan of the Department of Rural Development and Land Reform for 2014 – 2015 [RP 82-2014].
(12) The following paper is referred to the Select Committee on Women, Children and Persons with Disabilities for consideration:
(a) Annual Performance Plan of the Department of Women, Children and People with Disabilities for 2014 – 2015.
(13) The following paper is referred to the Select Committee on Finance:
(a) General Notice No 892, published in Government Gazette No 36806, dated 3 September 2013: Publication of Draft Municipal Regulations on standard chart of accounts for public comments, in terms of section 169 (1)(b) of the Local Government: Municipal Finance Management Act, 2003 (Act No 56 of 2003).
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Justice and Constitutional Development
(a) Strategic Plan of the Legal Aid South Africa (Review 2014 -2015) for 2012 – 2017.
(b) Annual Performance Plan of the Legal Aid South Africa for 2014 – 2015.
(c) Materiality Framework of Legal Aid South Africa for 2014/15.
(d) Strategic Plan of the Special Investigating Unit (SIU) for 2015 -2019 and Annual Performance Plan for 2014/ 2015.
National Council of Provinces
National Council of Provinces
1. The Chairperson
(a) The President of the Republic submitted the following letter dated 20 March 2014 to the Chairperson of the 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 fulfillment of international obligations of the Republic of South Africa towards the African Union (AU) and United Nations (UN).
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(b) The President of the Republic submitted the following letter dated 20 March 2014 to the Chairperson of the National Council of Provinces, informing members of the Assembly of the extension of the employment of members of the South African National Defence Force for service in fulfillment of international obligations of the Republic of South Africa towards the United Nations.
PRINTER PLEASE INSER T140325e-insert5 – PAGES 1942 - 1943
(c) The President of the Republic submitted the following letter dated 20 March 2014 to the Chairperson of the 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 fulfillment of international obligations of the Republic of South Africa towards Southern African Development Community.
PRINTER PLEASE INSERT T140325e-insert6 –PAGES 1944 - 1945
COMMITTEE REPORTS
National Assembly and National Council of Provinces
1. Report of the Mediation Committee on the National Environmental Management: Integrated Coastal Management Amendment Bill [B 8 D - 2013] (National Council of Provinces – sec 76), dated 25 March 2014.
The Mediation Committee, having considered the National Environmental Management: Integrated Coastal Management Amendment Bill [B 8 D - 2013] (National Council of Provinces – sec 76), reports that it has agreed to a new version of the Bill [B 8 F – 2013].
Report to be considered.
National Council of Provinces
1. Report of the Select Committee on Security and Constitutional Development on the State Attorney Amendment Bill [B 52B– 2013 (S76)], dated 25 March 2014:
The Select Committee on Security and Constitutional Development, having considered the subject of the State Attorney Amendment Bill [B 52B– 2013 (S76)], referred to it, reports that it has agreed to the Bill without further amendments.
Report to be considered.
2. Report of the Select Committee on Trade and International Relations on the National Credit Amendment Bill [B 47B – 2013] (National Assembly – sec 76), dated 25 March 2014:
The Select Committee on Trade and International Relations, having considered the subject of the National Credit Amendment Bill [B 47B – 2013] (National Assembly – sec 76), referred to it, reports the Bill without amendment.
Report to be considered.
3. Report of the Select Committee on Economic Development on the Infrastructure Development Bill [B 49B – 2013] (National Assembly – sec 76), dated 25 March 2014:
The Select Committee on Economic Development, having considered the subject of the Infrastructure Development Bill [B 49B – 2013] (National Assembly – sec 76), referred to it, reports the Bill without amendment.
Report to be considered.
4. Report of the Select Committee on Land and Environmental Affairs on the National Environmental Management: Waste Amendment Bill [B32B - 2013] (National Assembly – Section 76), dated 25 March 2014.
The Department of Environmental Affairs briefed the committee on 28 February 2014 on the National Environmental Management: Waste Amendment Bill [B32B - 2013]. The Bill was referred to the committee on 27 February 2014.
The Select Committee on Land and Environmental Affairs, having deliberated on and considered the subject of the National Environmental Management: Waste Amendment Bill [B32B - 2013] (National Assembly – sec 76), referred to it and classified by the JTM as a section 76 Bill, agrees to the Bill.
Report to be considered
5. Report of the Select Committee on Land and Environmental Affairs on the Property Valuation Bill [B54B - 2013] (National Assembly – Section 75), dated 25 March 2014.
The Department of Rural Development and Land Reform briefed the committee on 18 March 2014 on the Property Valuation Bill [B54B - 2013]. The Bill was referred to the committee on 12 March 2014.
The Select Committee on Land and Environmental Affairs, having deliberated on and considered the subject of the Property Valuation Bill [B54B - 2013] (National Assembly – sec 75), referred to it and classified by the JTM as a section 75 Bill, agrees to the Bill without amendments.
Report to be considered
6. Report of the Select Committee on Land and Environmental Affairs on the Restitution of Land Rights Amendment Bill [B35B-2013] (National Assembly – Section 76), dated 25 March 2014.
The Department of Rural Development and Land Reform Affairs briefed the committee on 28 February 2014 on the Restitution of Land Rights Amendment Bill [B 35B-2013]. The Bill was referred to the committee on 26 February 2014.
The Select Committee on Land and Environmental Affairs, having deliberated on and considered the subject of the Restitution of Land Rights Amendment Bill [B 35B-2013] (National Assembly – sec 76), referred to it and classified by the JTM as a section 76 Bill, agrees to the Bill.
Report to be considered.
7. Report of the Select Committee on Land and Environmental Affairs, on the National Environmental Management Laws Third Amendment Bill [B26B-2013] (National Assembly – Section 76), dated 25 March 2014.
The Department of Environmental Affairs briefed the committee on 28 February 2014 on the National Environmental Management Laws Third Amendment Bill [B 26B-2013]. The Bill was referred to the committee on 27 February 2014.
The Select Committee on Land and Environmental Affairs, having deliberated on and considered the subject of the National Environmental Management Laws Third Amendment Bill [B 26B-2013] (National Assembly – sec 76), referred to it and classified by the JTM as a section 76 Bill, agrees to the Bill.
Report to be considered.
8. Report of the Select Committee on Women, Children and People with Disabilities on the Women Empowerment and Gender Equality Bill [B50B - 2013] (National Assembly – Section 76), dated 25 March 2014.
The Department of Women, Children and People with Disabilities briefed the committee on 4 March 2014 on the Women Empowerment and Gender Equality Bill [B50B - 2013]. The Bill was referred to the committee on 4 March 2014.
The Select Committee on Women, Children and People with Disabilities, having deliberated on and considered the subject of the Women Empowerment and Gender Equality Bill [B50B - 2013] (National Assembly – sec 76), referred to it and classified by the JTM as a section 76 Bill, reports that it has agreed to an amended Bill [B50C – 2013], as follows:
CLAUSE 1
1. On page 4, in line 3, after ‘‘policies’’, to insert ‘‘, legislation’’.
CLAUSE 3
1. On page 4, in line 56, to omit ‘‘People’s’’ and to substitute, ‘‘Peoples’’’.
2. On page 4, in line 57, to omit ‘‘African’’, and to substitute ‘‘Africa’’.
3. On page 4, after line 59, to insert the following:
‘‘(vii) The United Nations Convention on the Rights of Persons with
Disabilities, 2008.’’
4. On page 5, in line 8, to omit ‘‘a’’.
5. On page 5, in line 9, to omit ‘‘per cent’’, and to substitute ‘‘percent’’.
6. On page 5, in line 16, after ‘‘programmes’’, to insert ‘‘by designated public
bodies and designated private bodies’’.
7. On page 5, after line 18, to insert the following paragraph:
‘‘(h) address the pervasive discriminatory patriarchal attitudes and
the lingering effects of apartheid faced by women in the
education system, and to ensure that women’s childbearing
responsibilities are not the cause for drop out or exclusion.’’.
CLAUSE 4
1. On page 5, from line 25, to omit ‘‘address the pervasive discriminatory
patriarchal attitudes and the lingering effects of apartheid faced by women
in the education system, and to ensure that woman’s childbearing
responsibilities are not the cause for drop out or exclusion, in order to’’.
2. On page 5, from line 33, to omit ‘‘at least a minimum of 50 percent’’.
CLAUSE 7
1. On page 6, in line 26, to omit ‘‘per cent’’, and to substitute ‘‘percent’’.
CLAUSE 8
1. On page 6, in line 57, to omit ‘‘and the international agreements’’.
CLAUSE 9
1. On page 7, in line 17, after ‘‘women’’, to insert ‘‘, black women in
particular,’’.
2. On page 7, in line 18, to omit ‘‘at least 50%’’ and to substitute ‘‘a minimum
of 50 percent’’.
CLAUSE 10
1. On page 8, in line 9, to omit ‘‘at least 50%’’ and to substitute ‘‘a minimum
of 50 percent’’.
CLAUSE 11
1. On page 3, in line 39, after the second ‘‘and’’, to insert ‘‘measures’’.
CLAUSE 17
1. On page 10, in line 42, to omit ‘‘16(b)’’, and to substitute ‘‘16(1)(b)’’.
2. On page 10, in line 49, to omit ‘‘16(b)’’, and to substitute ‘‘16(1)(b)’’.
SCHEDULE 2
1. On page 13, to insert the following legislation:
Act No. 32 of 2000: Local Government: Municipal Systems Act
Act No. 56 of 2003: Local Government: Municipal Finance
Management Act
Act No. 41 of 2003: Traditional Leadership and Governance
Framework Act
Report to be considered.
9. Report of the Select Committee on Public Services on the Rental Housing Amendment Bill [B 56B – 2013] (National Assembly - sec 76), dated 25 March 2014:
The Select Committee on Public Services, having considered the subject of the Rental Housing Amendment Bill [B 56B – 2013] (National Assembly - sec 76), referred to it, reports that it has agreed to an amended Bill [B 56D – 2013].
Report to be considered.
10. Report of the Select Committee on Finance on the Financial Management of Parliament Amendment Bill [B1 – 2014] (National Assembly- section 76), dated 25 March 2014.
The Select Committee on Finance, having considered the Financial Management of Parliament Amendment Bill [B1 – 2014] (National Assembly- section 76), referred to it, and classified by the JTM as a section 76 Bill, reports that it has agreed to an amended Bill [B1B – 2014].
Report to be considered.
PRINTER PLEASE INSERT T140325e-insert20 – PAGES 2025 - 2049
WEDNESDAY, 26 MARCH 2014
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 26 March 2014:
(a) Determination of Remuneration of Office-Bearers of Independent Constitutional Institutions Laws Amendment Bill [B 31B – 2013] (National Assembly – sec 75).
(b) National Credit Amendment Bill [B 47B - 2013] (National Assembly – sec 76).
(c) Infrastructure Development Bill [B 49B - 2013] (National Assembly – sec 76).
(d) State Attorney Amendment Bill [B 52B - 2013] (National Assembly – sec 76).
(e) Division of Revenue Bill [B 5 – 2014] (National Assembly – sec 76).
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Water and Environmental Affairs
(a) General Notice No 74, published in Government Gazette No 37307, dated 14 February 2014: Intention to declare the Kwelera National Botanical Garden, in terms of section 33(1)(a) read with section 100 of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004).
(b) General Notice No 78, published in Government Gazette No 37320, dated 12 February 2014: Draft Alien and Invasive Species list, 2014, in terms of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004).
(c) General Notice No 79, published in Government Gazette No 37320, dated 12 February 2014: Draft Alien and Invasive Species list, 2014, in terms of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004).
(d) General Notice No 68, published in Government Gazette No 37300, dated 7 February 2014: Draft National Norms and Standards for Organic Waste Composting, in terms of the National Environmental Management: Waste Act, 2008 (Act No 59 of 2008).
(e) Government Notice No 83, published in Government Gazette No 37302, dated 7 February 2014: Norms and Standards for Biodiversity Management Plans for Ecosystems, in terms of the National Environmental Management: Biodiversity Act, 2004 (Act No 10 of 2004).
COMMITTEE REPORTS
National Council of Provinces
(The following report replaces the Report of the Select Committee on Women, Children and People with Disabilities which was published on page 2022 in ATC No 35 of 25 March 2014)
1. Report of the Select Committee on Women, Children and People with Disabilities on the Women Empowerment and Gender Equality Bill [B50B - 2013] (National Assembly – Section 76), dated 25 March 2014.
The Department of Women, Children and People with Disabilities briefed the committee on 4 March 2014 on the Women Empowerment and Gender Equality Bill [B50B - 2013]. The Bill was referred to the committee on 4 March 2014.
The Select Committee on Women, Children and People with Disabilities, having deliberated on and considered the subject of the Women Empowerment and Gender Equality Bill [B50B - 2013] (National Assembly – sec 76), referred to it and classified by the JTM as a section 76 Bill, reports that it has agreed to an amended Bill [B50D – 2013], as follows:
CLAUSE 1
3. On page 4, in line 3, after ‘‘policies’’, to insert ‘‘, legislation’’.
CLAUSE 3
1. On page 4, in line 56, to omit ‘‘People’s’’ and to substitute, ‘‘Peoples’’’.
2. On page 4, in line 57, to omit ‘‘African’’, and to substitute ‘‘Africa’’.
3. On page 4, after line 59, to insert the following:
‘‘(vii) The United Nations Convention on the Rights of Persons with
Disabilities, 2008.’’
4. On page 5, in line 8, to omit ‘‘a’’.
5. On page 5, in line 9, to omit ‘‘per cent’’, and to substitute ‘‘percent’’.
6. On page 5, in line 16, after ‘‘programmes’’, to insert ‘‘by designated public
bodies and designated private bodies’’.
7. On page 5, after line 18, to insert the following paragraph:
‘‘(h) address the pervasive discriminatory patriarchal attitudes and
the lingering effects of apartheid faced by women in the
education system, and to ensure that women’s childbearing
responsibilities are not the cause for drop out or exclusion.’’.
CLAUSE 4
1. On page 5, from line 25, to omit ‘‘address the pervasive discriminatory
patriarchal attitudes and the lingering effects of apartheid faced by women
in the education system, and to ensure that woman’s childbearing
responsibilities are not the cause for drop out or exclusion, in order to’’.
4. On page 5, from line 33, to omit ‘‘at least a minimum of 50 percent’’.
CLAUSE 7
2. On page 6, in line 26, to omit ‘‘per cent’’, and to substitute ‘‘percent’’.
CLAUSE 8
1. On page 6, in line 57, to omit ‘‘and the international agreements’’.
CLAUSE 9
1. On page 7, in line 17, after ‘‘women’’, to insert ‘‘, black women in
particular,’’.
2. On page 7, in line 18, to omit ‘‘at least 50%’’ and to substitute ‘‘a minimum
of 50 percent’’.
CLAUSE 10
1. On page 8, in line 9, to omit ‘‘at least 50%’’ and to substitute ‘‘a minimum
of 50 percent’’.
CLAUSE 11
2. On page 3, in line 39, after the second ‘‘and’’, to insert ‘‘measures’’.
CLAUSE 17
1. On page 10, in line 42, to omit ‘‘16(b)’’, and to substitute ‘‘16(1)(b)’’.
2. On page 10, in line 49, to omit ‘‘16(b)’’, and to substitute ‘‘16(1)(b)’’.
SCHEDULE 2
1. On page 13, to insert the following legislation:
Act No. 32 of 2000: Local Government: Municipal Systems Act
Act No. 56 of 2003: Local Government: Municipal Finance
Management Act
Act No. 41 of 2003: Traditional Leadership and Governance
Framework Act
Report to be considered.
2. Report of the Select Committee on Economic Development on the Mineral and Petroleum Resources Development Amendment Bill [B 15B -2013] (National Assembly – sec 76), dated 26 March 2014:
The Select Committee on Economic Development, having considered the subject of the Mineral and Petroleum Resources Development Amendment Bill [B 15B – 2013] (National Assembly – sec 76), referred to it, reports the Bill without amendment.
Report to be considered.
26 MARCH 2014 Page 4 of 120
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No related
Documents
Bills
- B1-2014 - Financial Management of Parliament Amendment Bill
- B31-2013 - Determination of Remuneration of Members of Constitutional Institutions Laws Amendment Bill
- B52-2013 - State Attorney Amendment Bill
- B49-2013 - Infrastructure Development Bill
- B47-2013 - National Credit Amendment Bill
- B5-2014 - Division of Revenue Bill
- B50-2013 - Women Empowerment and Gender Equality Bill
- B28-2013 - National Environmental Management: Protected Areas Amendment Bill
- B54-2013 - Property Valuation Bill
- B26-2013 - National Environmental Management Laws Third Amendment Bill
- B15-2013 - Mineral and Petroleum Resources Development Amendment Bill