Hansard: NA: Unrevised hansard
House: National Assembly
Date of Meeting: 12 Sep 2013
Summary
No summary available.
Minutes
UNREVISED HANSARD
THURSDAY, 12 SEPTEMBER 2013
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PROCEEDINGS OF THE NATIONAL ASSEMBLY
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The House met at 14:07.
The Speaker took the Chair and requested members to observe a moment of silence for prayers or meditation.
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.
NOTICES OF MOTION
Mr S MOKGALAPA: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:
That the House debates the impact of substandard low-cost housing development on the poor.
Mr N J J KOORNHOF: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of Cope:
That the House debates the negative effects of coal mining on the Mapungubwe National Park.
Mrs C N Z ZIKALALA: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:
That the House debates the current shortage of water engineers in South Africa and the need to import water engineering skills to improve the current poor state of our water infrastructure.
Ms S J NKOMO: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:
That the House debates whether the government is undermining rights and perpetuating inequality in funding by denying financial assistance for legal fees for the lawyers representing the Marikana miners.
Mr S J F MARAIS: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:
That the House debates the effects of cadre deployment in the Public Service in light of the dismal results in the management performance report released by Minister Chabane.
Ms N A MNISI: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House debates the measures to prevent further development of housing in marginal areas.
Mrs A STEYN: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:
That the House debates slow process for disaster management and the impact it has on the agricultural industry.
Ms L L VAN DER MERWE: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the IFP:
That the House debates the provision and funding of shelter services for abused women and their children by government departments, specifically the Department of Social Development.
Mrs R E NYALUNGU: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House debates recognising the important economic role of subsistence agriculture in rural communities.
Mr G G BOINAMO: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the DA:
That the House debates the governance void created by the North West government’s misconduct which has serious prejudicial consequences for the North West traditional communities.
Mrs W S NEWHOUDT-DRUCHEN: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House debates deepening South Africa’s integration regionally, continentally and globally.
Mr Z S MAKHUBELE: Speaker, I hereby give notice that on the next sitting day of the House I shall move on behalf of the ANC:
That the House debates the role of stakeholders in basic education.
FILM ABOUT LIFE OF FORMER PRESIDENT NELSON MANDELA
(Draft Resolution)
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move without notice:
That the House —
(1) welcomes the good news that the film about the life of former President uTata Nelson Mandela was well received at the Toronto International Film Festival on Saturday, 7 September 2013;
(2) notes that the film Long Walk To Freedom received an unprecedented eight-minute standing ovation, coupled with rapturous applause at the festival venue;
(3) believes that this film depicts with great insights the life journey of uTata Nelson Mandela from his childhood in a rural village through to his inauguration as the first democratically elected president of South Africa;
(4) further believes that the production of this film will remind us, as we celebrate the life of our international icon, to also contribute towards social cohesion, reconciliation and nation-building;
(5) acknowledges that through this film, we need to draw inspiration from uTata Madiba to continue to build an inclusive society as the best way to honour his legacy; and
(6) calls upon all South Africans to watch the film, as soon as it is released in South Africa in November, as a means to pay tribute to former President Nelson Rholihlahla Mandela.
Agreed to.
LUCAS SITHOLE WINS WHEELCHAIR QUAD SINGLES TITLE
(Draft Resolution)
The CHIEF WHIP OF THE OPPOSITION: Hon Speaker, I move without notice:
That the House —
(1) notes that South African, Lucas Sithole, won the wheelchair quad singles title at the US Open tennis tournament on 8 September 2013;
(2) further notes that Lucas Sithole was the first man from Africa to win a singles US Open title of any kind;
(3) acknowledges the tremendous physical challenges that Lucas Sithole overcame in order to become a world-class tennis player;
(4) recognises Lucas Sithole’s dedication and contribution to South African tennis; and
(5) congratulates Lucas Sithole on his achievement.
Agreed to.
59TH COMMONWEALTH PARLIAMENTARY CONFERENCE
(Draft Resolution)
The DEPUTY CHIEF WHIP OF THE MAJORITY PARTY: Hon Speaker, I move without notice:
That the House —
(1) notes that the 59th Commonwealth Parliamentary Conference was held in Johannesburg at the Sandton Convention Centre between 28 August and 6 September 2013, with the theme for this year’s conference being Effective Solutions to Commonwealth Developmental Challenges;
(2) further notes that the Commonwealth Parliamentary Association’s mission is to promote parliamentary democracy by enhancing knowledge and understanding of democratic governance, and further to seek co-operation among member parliaments and legislatures;
(3) recalls that South Africa joined the Commonwealth in December 1931, but left in May 1961 when it became a Republic under the apartheid rule of the National Party;
(4) believes that the Commonwealth Parliamentary Conference deliberations will assist in solving global political issues and promoting peace and stability around the world; and
(5) wishes the Commonwealth Parliamentary Association success in its endeavours to promote democracy, accountability and good governance.
Agreed to.
HASHIM AMLA WINS SA CRICKETER OF THE YEAR AWARD
(Draft Resolution)
Mrs S V KALYAN: Hon Speaker, I move without notice:
That the House —
(1) notes that South African cricketer Hashim Amla was awarded the SA Cricketer of the Year award at the Cricket South Africa awards held on 9 September 2013;
(2) further notes that Hashim Amla was also named the Test Cricketer of the Year and South Africa Fans' Cricketer of the Year, and won the KFC So Good award;
(3) recalls that Hashim Amla was the first South African to score a triple century in test cricket;
(4) acknowledges that Hashim Amla is also rated as the ICC’s number one batsman for both test and one day international cricket matches;
(5) recognises Hashim Amla’s dedication and contribution to South African cricket; and
(6) congratulates Hashim Amla on his awards and achievements.
Agreed to.
DEADLINE BY WHICH AD HOC COMMITTEE MUST REPORT POSTPONED
The CHIEF WHIP OF THE MAJORITY PARTY: Mr Speaker, I move:
That the House extends the deadline by which the Ad Hoc Committee to Exercise Co-ordinated Oversight on the Legacy of the Native Land Act of 1913 has to report, to 22 October 2013.
Agreed to.
PRESIDENT’S RESERVATIONS ABOUT PROTECTION OF STATE INFORMATION BILL
(Announcement)
The SPEAKER: Hon members, before we move on to Members’ statements I wish to make an announcement. A letter has been received from the President of the Republic, informing the National Assembly that he has reservations about the constitutionality of the Protection of State Information Bill. [Applause.] Order! I’m not done yet. [Laughter.] Consequently, he is referring the Bill back to the National Assembly for reconsideration in terms of section 79(1) of the Constitution. The full text of the letter will be published in the Announcements, Tablings and Committee Reports, ATC, tonight. [Applause.]
The Whippery is currently consulting on the establishment of an ad hoc committee for consideration of the President’s reservations. Once the committee has been established, the Bill and the President’s reservations thereon will be referred to it for consideration and report in terms of Joint Rule 203. Thank you. [Applause.]
UNPARLIAMENTARY LANGUAGE
(Ruling)
The SPEAKER: Hon members, during members’ statements on Tuesday, 20 August 2013, the hon Deputy Minister of the Department of Co-operative Governance and Traditional Affairs raised a point of order about certain remarks made by the hon D A Kganare during his member’s statement. I undertook to look at the Hansard and return to the House with a considered ruling.
Having had the opportunity to study the Unrevised Hansard, I wish to rule as follows. In the course of his member’s statement, hon Kganare said, amongst other things, “It was a day in which the democratic government of the ANC decided that those who threaten the monopoly of their alliance should be ruthlessly annihilated.” Also, “It was a sad day when the democratic government of the ANC decided that those who honestly demanded a living wage were enemies of the revolution and therefore had to be executed.” Lastly, he asked a question, “Will the ANC do the same to Numsa members who are now on strike?”
From the context of hon Kganare’s speech, it is quite clear that his reference to the “democratic government of the ANC” is to members of the executive as a collective since they, in terms of the Constitution, comprise the government at national level. In the Assembly, members of the executive enjoy the same protection under the Rules as other members of the House. It is a firmly established practice that a member who wishes to impute improper motives to another member of the House, including members of the executive, must do so by way of a substantive motion, supported by prima facie evidence.
To suggest that the Cabinet, either individually or as a collective, callously and deliberately decided to annihilate or execute citizens of South Africa not only imputes improper motives to those members of the Cabinet, it goes even further by implying that they are in dereliction of their constitutional duty, which is to be loyal to and secure the wellbeing of the people of South Africa as they undertake in their oath of office.
The first two remarks by hon Kganare, namely that the government had decided to ruthlessly annihilate and execute people, are therefore clearly unparliamentary. On the other hand, hon Kganare’s question, namely whether the ANC intended to do the same to Numsa workers who are on strike, did not refer to the government, but to the ANC as a political party. As we have ruled on numerous occasions in this House, reflections on the actions of a political party, as perceived by an opposing party’s member, are not out of order as long as aspersions are not cast on the character of members of the House. So, this particular remark by hon Kganare is therefore not unparliamentary.
As I have said earlier, the point of order in respect to the first two remarks is upheld, and I now ask the hon Kganare to withdraw his statement that the government had decided to “annihilate and execute workers at Marikana”. Hon member, will you withdraw that.
Mr D A KGANARE: Speaker, I withdraw that statement! [Applause.]
POWER OUTAGES IN JOHANNESBURG CAUSED BY CITY POWER WORKERS ON STRIKE
(Member’s Statement)
Dr G W KOORNHOF (ANC): Hon Speaker, the ANC notes with dismay the recent power outages in certain parts of Johannesburg that were allegedly linked to the unprotected strike by City Power workers. The ANC welcomes the investigation into the allegations of sabotage by disgruntled City Power workers. We are in agreement with the political leadership of Gauteng that no stone should be left unturned in ensuring that those responsible face the full wrath of the law.
Undoubtedly, these power disruptions have had adverse economic effects on businesses, endangered the lives of patients, such as those who are on life-support systems, and caused serious financial and social inconvenience to many households. The City of Johannesburg is Africa’s economic heartbeat and therefore electricity disruptions such as the one experienced last week is harmful to our economy and may have negatively affected growth and investor confidence.
A strong message must be sent out that such blatant acts of criminality in the course of a labour dispute, which in any case undermines workers’ struggles and bargaining processes, cannot be condoned anywhere in this country. No one should sabotage our economy, endanger innocent lives and cause costly inconvenience in citizens’ ordinary lives and get away with it.
We are hopeful that, as law enforcement agencies proceed with the investigation into the allegations of sabotage, the internal probe into City Power’s handling of the strike action will also be conducted. I thank you. [Applause.]
DA’S POLICIES TO REDRESS
(Member’s Statement)
The LEADER OF THE OPPOSITION (DA): Mr Speaker, earlier this week the DA launched an economic inclusion policy which highlights our commitment to undoing the wrongs of South Africa’s apartheid and colonial past through redress and reconciliation. For too long the lies and propaganda of the ANC about the DA’s policy response to redress and reconciliation have continued unabated.
We are now telling our side of the story. We know that although the unjust and illegitimate apartheid system died in 1994, its legacy is still deeply entrenched in our society. That is why the DA is fully committed to policies that seek to redress the legacy of apartheid. These include broad-based black economic empowerment, BBBEE, which we fully support.
What we do not support, Mr Speaker, is the BEE which benefits only the politically connected. We also do not support the BEE which benefits those who have already been empowered through multiple BEE deals. We support the BEE which benefits the many millions of black South Africans who are still unable to participate fully in the formal economy because of the legacy of apartheid. That is why the DA in Parliament voted “yes” in support of the Broad-Based Black Economic Empowerment Bill.
This is why the DA remains committed to land reform which corrects the injustices of the 1913 Native Land Act. This is also why the DA says to men and women who are trapped in poverty across South Africa, “You absolutely must receive social assistance from the state.” [Interjections.]
We not only fought against apartheid; we continue to fight against the legacy of apartheid. We have policies which are designed to do just this; policies that will lead to true economic inclusion for all. I thank you. [Applause.]
BUSINESS DAY REPORT ON SA ECONOMY
(Member’s Statement)
Mr N J J KOORNHOF (Cope): Mr Speaker, the Business Day, in its editorial yesterday, reflected on the latest Reserve Bank quarterly report with the headline: “It tells a gloomy story”.
However, there was some good news indicating a pick-up in private sector fixed investment. The private sector investment makes up more than two thirds of total investment spending. Let us hope this grows in the next quarter.
The worrying news is that the current account deficit came in at more than 6,5%, well above the forecasts! The trade deficit is rapidly growing and we have not benefited from a weaker rand.
Add to that the state of financial flows in and out of South Africa - how much they have turned for the worse - and the fact that foreign investors are dumping our bonds, is bad. The message is simple, says Business Day: “South Africa is very vulnerable to external shocks.”
The point is that some of us and some unions are adding to this vulnerability. We need mature leadership from all, now! Even the Cabinet lekgotla acknowledged that the fate of the South African economy is in our own hands. Amcu must realise this and must come on board. We should not allow cheap electioneering around the economy to drive us to the brink of a possible downgrade. Let us all be very cautious.
ANC CONDEMNS IMMINENT PLANNED ATTACK AGAINST SYRIA BY US
(Member’s Statement)
Mrs J P NGUBENI-MALULEKA (ANC): Hon Speaker, the ANC condemns the imminent US missile strikes planned against the Syrian government in retaliation for that government’s alleged use of chemical weapons against its own citizens, where more than 1 400 people were killed. It must be emphasised that the ANC does not condone any use of chemical weapons, particularly directed against innocent civilians, nor of vengeful violence through military interventions that might worsen the humanitarian situation.
The ANC believes in a peaceful resolution of all conflicts and therefore calls on all parties in the Syrian conflict to pursue a negotiated solution to the conflict.
We support the suggestion made by Russia urging the Syrian government to put its chemical weapons arsenal under international control. We also support the proposal of the UN for the creation of UN-supervised zones in Syria where the chemical weapons can be stored and destroyed if their existence is confirmed. We support President Jacob Zuma’s assertion that the UN should be respected as the only authority that can intervene militarily in any country, and only if all other avenues have been exhausted. I thank you. [Applause.]
HEALTH CRISIS IN SOUTH AFRICA GETTING WORSE
(Member’s Statement)
Mrs H S MSWELI (IFP): Hon Speaker, the health crisis in the country is getting worse. The lack of medical equipment and supplies, especially in rural areas, continues to ensure that many members of society suffer because they lack access to basic health care. The other fundamental problem is the lack of health professionals in the country as many trained individuals either join the private sector or leave the country in order to get better pay and improved working conditions.
We constantly hear the Minister of Health detailing the state of our country’s health system, yet instead of pushing for an improvement, the Department of Health seems to lack the drive to change things. The inability to renovate hospital infrastructure has pushed away qualified individuals, and those who remain are either too overwhelmed or do not care enough to change things. We cannot allow ourselves to limp along without dealing with the health crisis especially when the department received such a large budget. We must not focus on unnecessary needs but we ought to put the needs; of the South African people first. Thank you. [Applause.]
CALL FOR PRESIDENT ZUMA TO APPEAR BEFORE ARMS DEAL COMMISSION
(Member’s Statement)
Mr J J MCGLUWA (ID): Hon Speaker, this week marks one of the most electrifying times in the South African history, when Patricia de Lille was the first person to expose corruption in the arms deal on 9 September 1999 and called for a commission of inquiry. It took 13 years to establish a commission, which today faces more challenges than successes.
President Zuma was right to establish the commission, but the commission is not his own and should not be used to distort the truth for South Africans. It is only right, therefore, that President Zuma is subpoenaed to appear before the commission. As a senior ANC leader, President Zuma had intimate dealings with the arms deal process. We cannot erase history. It is a fact that President Zuma faced more than 700 charges relating to corruption and this prosecution was discontinued. Everyone in Zuma’s circle at the time seems to have benefitted in some way from the arms deal, especially his so-called adviser Schabir Shaik.
I urge this Parliament and all South Africans to join me in demanding President Zuma’s appearance. If the President truly has nothing to hide, then let him go to the commission voluntarily. Instead of having a whitewash commission report, let us have a commission report that washes away the filth of the arms deal. [Interjections.] That means all the facts and all the players. I thank you. [Applause.]
Adv T M MASUTHA: Hon Chairperson, the speaker who has just spoken at a certain point referred to the President by name. I think it is unparliamentary and the member knows it. Could he please be asked to address the President correctly?
The SPEAKER: I will check the Hansard, hon member, and come back with a ruling on that matter.
ANC WELCOMES INTO ITS RANKS MEMBERS FROM OPPOSITION PARTIES
(Member’s Statement)
Mrs W J NELSON (ANC): Hon Speaker, the ANC welcomes the six UCDP candidates in the Tlokwe Municipality who have recently joined the ANC, as well as seven members of Cope into its ranks. This is an indication that people realise that it is only the ANC that can provide a better life for all by ensuring and proving that we have reduced absolute poverty, expanded basic services to unprecedented levels and made our communities safer. [Interjections.]
This by-election in Tlokwe Municipality therefore represents another opportunity for our communities to use their power to vote for the ANC. This move will bolster the ANC’s efforts to convincingly win the council back in the by-election which will be held in Tlokwe on Wednesday, 18 September 2013. The ANC is confident that it is the only party that can deliver a better life for all South Africans. We call upon our people to rally behind the ANC’s vision of a united, nonracial, nonsexist, democratic and prosperous South Africa. I thank you. [Applause.]
CALL TO DECLARE SALDANHA BAY AN INDUSTRIAL DEVELOPMENT ZONE
(Member’s Statement)
Mr E J MARAIS (DA): Hon Speaker, the DA calls on the Minister of Trade and Industry, Rob Davies, to officially declare and gazette Saldanha Bay as an industrial development zone, IDZ. Any delay will hold up investment in identified sectors and hamper economic growth for the people of the Western Cape and South Africa as a whole. Any delay will further stifle job creation and ultimately withhold jobs from the people who need them most.
With nearly eight million unemployed people in South Africa, this is unacceptable. The ANC in the Western Cape legislature confirmed at the end of August 2013 that the national Cabinet had approved the decision to declare Saldanha Bay an IDZ on 7 August. It is now a month later, yet no decision has been communicated. Minister Davies needs to account to this House and the people of South Africa - not just share information with party comrades on why this delay has occurred - and resolve any reasons for the hold-up. Minister Davies needs to satisfy this House that no party-politicking is preventing economic growth and much needed job creation. Thank you. [Applause.]
ANC CONDEMNS DA’S ELECTIONS CAMPAIGN AT TLOKWE MUNICIPALITY
(Member’s Statement)
Ms S R TSEBE (ANC): The ANC is deeply concerned about the dirty election campaign unleashed by the DA in their act of desperation as they sense defeat in the Tlokwe Municipality in the North West. They have used the ANC’s symbols, including our logo and our colours, on a pamphlet whose content is defamatory and prejudicial towards former Tlokwe mayor Maphetle Maphetle in contravention of the Independent Electoral Commission’s Code of Conduct.
This is deeply disappointing, especially as the DA claims to champion the rule of law as well as advocate elections that are regular, free and fair. The ANC, however, is hardly surprised as we are fully aware of the depths the DA will stoop to in order to win at all costs. This dirty campaigning on the part of the DA merely reveals that they sense defeat.
Even though the DA has apologised to the IEC and has assured the IEC that they would not continue distributing these offensive pamphlets, we demand a public apology from the DA and also believe that their leadership should rein in their members who commit these despicable acts. The ANC calls upon all parties to respect the code of conduct as laid out by the IEC. As the ANC, we will continue to uphold this code of conduct in our election campaign. I thank you. [Applause.]
PROTESTS BY COMMUNITIES OVER SERVICE DELIVERY FAILURES
(Member’s Statement)
Mr R N CEBEKHULU (IFP): Speaker, service delivery has unfortunately become a slogan that is used to justify protest around the country by frustrated communities. No matter the context, violent protests occur mainly because of the lack of service delivery that is so prevalent around the country at this time. Some communities have gone so far as to burn down the houses of councillors, throw stones at political leaders and even dump human waste on highways in an effort to draw attention to their plight.
In many cases these protests have been politicised and the voice of those crying to be heard has been lost in the fray. The provision of services is part of government’s role to the people, but it seems many government officials make it impossible for our people to receive these services. Some communities have been without water for up to a month because the municipality was unable to service their water bill. We cannot expect people to sit by and not demand services, whether it is for water, electricity or health, while government fails to deal with incompetence. Services must be delivered and there is no legitimate excuse for government’s nondelivery. I thank you.
DECISION TO RECONSIDER PROTECTION OF STATE INFORMATION BILL
(Member’s Statement)
Mr D A KGANARE (Cope): Hon Speaker, Cope welcomes President Zuma’s decision to refer the Protection of State Information Bill back to the National Assembly. We appreciate his sensitivity in taking into consideration several views and concerns express by South Africans across the board.
This will definitely go a long way to demonstrating the constitutional stipulation about the access to information and transparency. We hope that this will be extended to other Bills about which the opposition parties have raised concerns. We also urge ANC Members of Parliament to take this decision seriously and ensure that when this Bill is brought back to the House, they don’t become just rubber stamps, but real Members of Parliament.
SASCO’S 22ND ANNIVERSARY
(Member’s Statement)
Ms N P KHUNOU (ANC): Speaker, on 7 September 2013 the great revolutionary student movement, the South African Students’ Congress, Sasco, celebrated its 22nd anniversary at North West University’s Potchefstroom Campus. The South African Students’ Congress was launched on 6 September 1991 at Rhodes University, Grahamstown, in the Eastern Cape when the two student organisations, Sasco and the National Union of South African Students, Nusas, combined to form one powerful student organisation.
The birth of the South African Students’ Congress was not easy as the two organisations were coming from different backgrounds, with Sasco predominantly black and Nusas a white student organisation. About 600 delegates from the hinterlands of South Africa gathered to work towards this vision of a future where black and white people lived in harmony and worked together to put into being a national democratic society through a national democratic revolution.
This single nonracial progressive student organisation in higher institutions of learning became a force to be reckoned with in representing the student needs. It is so unfortunate that some of these visionary leaders, like Bathandwa Ndondo, Claude Qavane and others, are no more. The ANC is proud that Sasco continues to enjoy majority hegemony in many institutions of higher learning and further education and training colleges. We are confident that this is a precursor to the ANC’s decisive and overwhelming victory in the 2014 general elections. I thank you. [Applause.]
HELEN SUZMAN MEMBERSHIP RECORD
(Member’s Statement)
Mr I M OLLIS (DA): Speaker, last term the ANC was understandably worried about the DA’s Know your DA campaign. The desperate reaction to continue a deceptive narrative came as no surprise. What was a surprise was the hon Naledi Pandor’s announcement that “Helen Suzman was never a member of the DA, she could not have been.”
Speaker, I was the Chairperson of the Johannesburg North branch of the DA until 2008, and went back to our party membership records.
The ANC government should have learnt by now that inconvenient truths will come to light. I have in my hand the branch membership records from May 2008 of the Johannesburg North branch. Let me read for you an extract, “ID number 1711070014080, Mrs H Suzman, DA membership number SND 100”. [Applause.] Helen Suzman renewed her membership by debit order on 2 January 2008. Helen Suzman was not just a member of the Progressive Federal Party, PFP, and the DP, but also very much a member of the DA in my branch until her death in January 2009.
Speaker, we respect the hon Naledi Pandor’s and the ANC’s right to free speech, but that right does not extend to making up or denying the facts. Helen Suzman fought for freedom in South Africa. For example, she fought for the right of women in Alexandra Hostel in Johannesburg to get hot water. Under the ANC government, for the past two months, there has been no hot water in the Alexandra women’s hostel. We should be celebrating the work that Helen Suzman had done for 36 years. Thank you. [Time expired.] [Applause.]
THE ANC YOUTH LEAGUE CONTRIBUTIONS
(Member’s Statement)
Mrs L S MAKHUBELA-MASHELE (ANC): Speaker, the ANC Youth League recently celebrated its 69th anniversary at the old Academy Hall in Johannesburg. The formation of the ANC Youth league in 1944 represented a new epoch in the body of politics of the movement and the struggle against colonial domination and national oppression. It was at the beginning of militant politics that signalled an end to the politics of soft diplomacy.
The ANC caucus pays tribute to the founding generation of the ANC Youth League, among others, Anthony Lembede, Mxolisi Majombozi, Nelson Mandela, Oliver Tambo, Walter Sisulu and many others, who dedicated so much time and energy in the struggle against national oppression.
The ANC Youth League has made an immeasurable contribution to building a democratic, nonsexist, nonracial and prosperous South Africa. These efforts date back to the defiance campaign, the formation of uMkhonto weSizwe, and the October 2011 mass action against white monopoly capital in South Africa. The Youth League is an entity that plays a critical role in the life of our glorious organisation, the ANC.
The ANC caucus, which is the Youth League, will put its effort into rebuilding and renewing itself, hoping that it will remain relevant, vibrant and forward-looking. As the ANC, we would like to wish the ANC Youth League a happy 69th anniversary. Thank you. [Applause.]
FREE STATE GOVERNMENT TO BUILD HOUSES IN LESOTHO
(Member’s Statement)
Mrs S P KOPANE (DA): Hon Speaker, last night on the SABC news the people of South Africa had the misfortune to hear that the Free State Premier, Ace Magashule, will go to the Kingdom of Lesotho to build houses. What we would like to know is why on earth Mr Ace Magashule would go to Lesotho to build houses when thousands of families in the Free State are forced to live in informal settlements without water or sanitation.
In addition, the Free State government has a backlog of about 8 700 houses, which the Free State government made a commitment to complete before the end of this year. The cost of reducing the backlog will be R385 million, taken from this year’s budget for last year’s project. In Ezenzeleni, 336 RDP houses and 94 land restitution houses are incomplete or partially completed despite the fact that the project was initiated in 2009. In Zastron, a town next to the border of Lesotho, about 670 houses remain incomplete. However, Mr Ace Magashule jumps fences to go to Lesotho to build houses while South African people in the Free State are suffering. [Applause.]
DA’S POLICIES TO REDRESS LEGACY OF APARTHEID
CALL TO DECLARE SALDANHA BAY AN INDUSTRIAL DEVELOPMENT ZONE
(Minister’s Response)
The MINISTER OF TRADE AND INDUSTRY: Hon Speaker, I would like to respond to two comments from the DA.
First of all, when we passed the Broad-Based Black Economic Empowerment Amendment Bill, I pointed out that, although the DA voted for the amending Bill, they had not voted for the original BEE legislation.
Today the Leader of the DA tells us that, in fact, the DA supports BEE. But a few days ago hon James told Power FM that, actually, the DA supported something called diversity economic empowerment. Now, I think we have a right to know: Is it to BEE or not to BEE, or to “DEE or not to DEE”? I don’t know. [Laughter.]
I think that the DA is as confused in its fight against the legacies of apartheid as it was about its fight against apartheid. [Interjections.]
Secondly, I want to make a comment about the hon member who talked about the Saldanha industrial development zone, IDZ. Let me tell you that there is absolutely no delay whatsoever in the process. We went through a process of extensive consultation with the communities and the people of Saldanha about the establishment of the IDZ. If the hon member had cared to take note, the Cabinet statement in August indicated that Cabinet had agreed that the Saldanha IDZ would be established.
We are now in the process of developing the legal documentation for the operator’s permit, and that will be rolled out to the operatives, together with a public information campaign in due course. There is no delay.
The Saldanha IDZ will join the stabilisation of the clothing industry, the roll-out of fishing co-operatives, the replacement of the Real Enterprise Development, RED, programme - which the provincial government of the Western Cape chose to close - with Seda outreach programmes and many other factories that have been opened. These programmes are among the deliveries of real jobs and real economic development, which the national government has brought to the people of the Western Cape. Thank you very much. [Applause.]
DECISION TO RECONSIDER PROTECTION OF STATE INFORMATION BILL
PROTESTS BY COMMUNITIES OVER SERVICE DELIVERY FAILURES
(Minister’s Response)
The MINISTER OF STATE SECURITY: Speaker, as the ANC, we welcome the referral by President Zuma of the Protection of State Information Bill back to Parliament for consideration. [Interjections.]
As the ANC, we have always held the view that we will welcome all the suggestions that are meant to strengthen the Bill and, in particular, its constitutional standing. [Interjections.] It is in this respect then, hon Kganare, that the ANC, like its President, has no intention of rubberstamping any process, but honestly to consider all those suggestions that are meant to improve the Bill.
The last response is to the hon member of the IFP with regard to service delivery protests. It’s true that there are genuine protests by the people, because people have seen that the government of the ANC can deliver. [Interjections.] [Laughter.] Where there are still challenges, they like to protest because this is the only government which can give them hope; that can listen to its people. [Interjections.] But what we should all condemn is the violence which goes with these protests. I thank you very much. [Applause.]
DA’S POLICIES TO REDRESS LEGACY OF APARTHEID
CALL FOR PRESIDENT ZUMA TO APPEAR BEFORE ARMS DEAL COMMISSION
BUSINESS DAY REPORT ON SA ECONOMY
(Minister’s Response)
UNGQONGQOSHE WEZABASEBENZI: Somlomo, ngicela ungivumele ngiphendule izitatimende ezintathu. Isitatimende sokuqala siqhamuka kuMholi weQembu eliPhikisayo, okuyiqembu elinamalungu amaningi kunamanye amaqembu amancane aphikisayo. (Translation of isiZulu paragraph follows.)
[The MINISTER OF LABOUR: Speaker, allow me to respond to three statements. The first statement was from the Leader of the Opposition, which is a party that has many members compared to other small opposition parties.]
She said the DA fully committed itself to redressing the imbalances of the past; I just want to appeal to the DA that, if that is what they are saying, then the first thing they have to do is to implement the Employment Equity Act here in the Western Cape. [Applause.] Then we will see that they are committed to redressing the imbalances of the past.
Secondly, I would like to respond to the other statement by hon McGluwa on the issue of the arms deal. The very same members have requested the President of the Republic to establish a commission of inquiry. Now the commission of inquiry has started its work and, therefore ...
... amaLungu ale Ndlu ayekhala ngalokho awayeke ukushaya umkhulungwane kuhle kwezingcanga zikhalela ezinye esezihambile.
Okwesithathu, umhlonishwa u-Koornhof we-Cope ukhulume ngeziteleka ezenzekayo... (Translation of isiZulu paragraphs follows.)
[... members of this House who were complaining must stop howling like a pack of dogs crying after those which have died.
Thirdly, hon Koornhof from Cope spoke about strikes which happen ...]
... during the process of negotiations.
Ngiyafisa ukuthi singabhekisi iziteleka kubasebenzi kuphela, kodwa nabaqashi asibakhombe ngeminwe ngoba izizathu ezenza ukuthi abasebenzi baze baye ezitelekeni ukuthi abaqashi bafike babeke... (Translation of isiZulu paragraph follows.)
[We shouldn’t blame workers only when it comes to strikes; we should also blame employers because they put ...]
... an offer on the table and immediately withdraw it. That is unfair negotiation. Therefore, with regard to unprocedural or unprotected strikes, the Labour Relations Act is very clear on that. The employers of this country must adhere to the laws of the country, including the laws of their own companies, rather than coming here and pretending that we don’t understand our labour market policies as members of this House who passed the very same labour market policies. I thank you, hon Speaker. [Applause.]
DA’S POLICIES TO REDRESS LEGACY OF APARTHEID
CALL FOR PRESIDENT ZUMA TO APPEAR BEFORE ARMS DEAL COMMISSION
(Minister’s Response)
The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Speaker, I want to respond to the hon Mr Ollis and also to some extent to the Leader of the Opposition who seems to have had a media moment and then left. She is no longer here.
Firstly, with regard to the issue that was raised by the Leader of the Opposition of fighting against apartheid and Helen Suzman fighting for freedom. Helen Suzman may have fought for freedom, but she didn’t fight for universal franchise. She didn’t fight for one-person, one-vote. When the Leader of the Opposition, who calls herself the parliamentary leader, says that “we” fought against apartheid, I’m not sure how “we” - that’s the DA - could have fought against apartheid when they weren’t there.
However, I think the issue, the inconvenient truth in your policy, your untold story, is that the policies of the Progressive Federal Party were not for one-person, one-vote. They were for a qualified franchise of minority vetoes. You didn’t oppose the state of emergency. You didn’t oppose as a party; that’s the PFP conscription. So, those are the issues you need to remind South Africans about. Don’t whitewash history, please!
I also want to respond to hon McGluwa’s statement of demanding President Zuma’s appearance before the commission. If, as a commission, they want him, they will call him. We can’t, as Parliament, demand something. Mr McGluwa needs to try to understand the legal system.
I also want to remind hon McGluwa that the charges against President Zuma were thrown out by two separate High Court judges on separate occasions; that was Judge Msimang and Judge Nicholson. [Interjections]. So, please look at all the facts. Thank you, Speaker. [Applause.]
MERCHANT SHIPPING (INTERNATIONAL OIL POLLUTION COMPENSATION FUND) BILL
(Second Reading debate)
The MINISTER OF TRANSPORT: Hon Speaker, Ministers, Deputy Ministers and hon members, at the outset I would like to thank the chairperson and members of the Portfolio Committee on Transport for the diligent work done in processing the Bills under consideration.
I have the honour to present the Merchant Shipping (International Oil Pollution Compensation Fund) Bill, 2013. The objects of this Bill are to enact the International Maritime Organization Protocol of 1992; to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage of 18 December 1971 into law; and to provide for matters connected therewith.
The Bill forms part of a package of measures that are designed to give effect to the Republic of South Africa’s obligations under the International Maritime Organization Protocol of 1992 and to give effect to the amendments of the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage of 18 December 1971.
The full package accompanying the Merchant Shipping (International Oil Pollution Compensation Fund) Bill consists of the following Bills: the Merchant Shipping (Civil Liability Convention) Bill, 2013; the Merchant Shipping (International Oil Pollution Compensation Fund) Contributions Bill, which is a money Bill contemplated in section 77 of the Constitution; and the Merchant Shipping (International Oil Pollution Compensation Fund) Administration Bill, which deals with the administrative matters of the money Bill, dealing with the collection and management of levies. It also deals with questions of liability and compensation for loss or damage caused by contamination resulting from the escape or discharge of persistent oil from oil tankers.
The Fund Convention establishes an international fund, which is called the International Oil Pollution Compensation Fund or the IOPC Fund. The purpose of the Fund Convention is to compensate victims of pollution damage where they have been unable to obtain any compensation or compensation in full under the provisions of the Civil Liability Convention.
The International Oil Pollution Compensation Fund will receive its contributions from cargo owners. In the South African context contributions will be from refinery owners of oil companies, specifically from persons who receive more than 150 000 tons of oil annually in South African ports or terminal installations of the contracting states that are the member states of the convention.
The Fund Convention is supplementary to the Civil Liability Convention; therefore a state cannot become a party to the Fund Convention without, at the same time, also becoming a party to the Civil Liability Convention.
Speaker and hon members, I hereby table the Bill to be passed by the NA. I thank you. [Applause.]
Nk N R BHENGU: Somlomo ohloniphekile, malungu ahloniphekile, mphakathi waseNingizimu Afrika, uKhongolose uyawuseka lo Mthethosivivinywa wokuSungulwa kwesiKhwama sokuNxephezela (seziNdleko zoMonakalo) wokuChitheka kukaWoyela oLwandle lwaseNingizimu Afrika, phecelezi i-Merchant Shipping (Civil Liability Convention) Bill, uma kuchitheka uwoyela othwelwe umkhumbi.
Kumele sibonge ukuthi ayenzekanga inhlekelele yokuchitheka kowoyela olwandle lwaseNingizimu Afrika ngaphambi kokuba lo Mthethosivivinywa wethulwe kule Ndlu yesiShayamthetho esikholwa ukuthi le Ndlu izowuphasisa namhlanje nokuthi abantu bonke baseNingizimu Afrika bazowujabulele kakhulu.
Yize sijabula ngomsebenzi esiwenzile wokusheshisa ukucubungula lo Mthethosivivinywa ngenxa yokubaluleka kwawo, sibambe umoya kanye namaphaphu aphezulu sifisa ukuthi ingenzeki inhlekelele yokuchitheka kukawoyela olwandle ngaphambi kokuthi uMongameli wezwe, uMnu Jacob Zuma, awusayine lo Mthethosivivinywa. Uma kungenzeka kugubhuqele umkhumbi othwala uwoyela olwandle singazalelwa inja endlini ngoba uhulumeni kungadingeka akhiphe izigidigidi zamarandi ukulungisa umonakalo ongenzeka. Lokho kungaba nomthelela omubi kakhulu ohlelweni lokulethwa kwezidingo zabantu, ikakhulukazi, ukuthuthukiswa kwemiphakathi ehluphekayo.
Lo Mthethosivivinywa uhlose ukuthi iNingizimu Afrika ibe yingxenye yomthetho womhlaba wonke wokufaka imali esikhwameni sesinxephezelo sokuthwala izindleko zomonakalo odalwa ukuchitheka kukawoyela olwandle. Lesi sikhwama somhlaba sikhona, kade sasungulwa futhi siyawasebenzela amanye amazwe. Kuphela nje okukhona ukuthi iNingizimu Afrika ibingeyona ingxenye yaso ngenxa yokuthi phela iNingizumu Afrika yake yasebenza ngobandlululo yase ikhishwa inyumbazana ngamanye amazwe. Ukhongolose usakhuculula lezo zinkinga ezeziwa yilabo ababengontamolukhuni; bebusa ngobandlululo.
Lokho kusho ukuthi kumele iNingizimu Afrika ifake imali esikhwameni somhlaba sokunxephezela izindleko zomonakalo wokuchitheka kukawoyela olwandle ukuze izindleko zokulungisa umonakalo ongenzeka zingathwalwa uhulumeni.
Lo Mthethosivivinywa uzosiza ngokuthi imali ingakhokhwa inkampani yemikhumbi kanye nomshwalensi wenkampani yemikhumbi kuphela uma kwenzeke inhlekelele yokuchitheka kukawoyela olwandle ngoba, leyo mali ingaba ncane kakhulu ukuthi ingamelana nezindleko zomonakalo ongenzeka.
Uma uhulumeni wethu engayiqoqi imali yokufaka kulesi sikhwama sokunxephezela, wuye ongagcina esebhekene nezindleko zokukhuculula uwoyela olwandle kanye nokukhuculula umonakalo owenziwe inkampani yemikhumbi. Lokho kungaba nomthelela omubi kakhulu, ikakhulukazi, ekuhanjisweni kwezidingo zomphakathi. Lokhu, uma bekungenzeka, nezinkampani zemikhumbi ethutha uwoyela bezingagcina ngokuvala ngoba izindleko zingaphezulu kakhulu kwamandla ezinkampani.
Isikhwama lesi esibizwa ngokuthi i-Merchant Shipping International Oil Pollution Compensation Fund, siyokwazi ukukhokha imali engadlula kuzinkulungwane ezintathu uma kwenzekile kwagubhuqela umkhumbi kwachitheka uwoyela olwandle. Lokho kuchaza ukuthi uma umkhumbi othwala uwoyela kungenzeka uchithe uwoyela olwandle lwaseNingizimu Afrika kuyokhokha inkampani leyo yomkhumbi ochithe uwoyela kuphinde kukhokhe nomshwalensi wenkampani yemikhumbi ethutha uwoyela, kanjalo nesikhwama lesi esikhuluma ngaso i-Merchant Shipping International Oil Pollution Compensation Fund.
Ngokwenza njalo, kusuka izindleko zomonakalo wokuchitheka kukawoyela olwandle emahlombe kahulumeni waseNingizimu Afrika nakubatheli bentela. Umbuzo esicabanga ukuthi wonke umuntu ulindele impendulo yawo uthi: Izophuma kubani imali yokusungula isikhwama saseNingizimu Afrika ezofakwa esikhwameni somhlaba? Impendulo yalo mbuzo ithi: Uhulumeni waseNingizimu Afrika uzoqoqa imali kubahwebi bezinkampani ezithutha uwoyela ngoba umkhiqizo wabo ongasifaka engcupheni yokungcolisa ulwandle. Okusho ukuthi abantu abazokhokha kulesi sikhwama yilezi zinkampani okuyizona ezikhiqiza nalezo futhi ezithutha uwoyela. Yibona abantu abazofaka imali kulesi sikhwama, akuzukukhokhiswa amalungu omphakathi ukuze kwakheke lesi sikhwama.
UMthethosivivinywa ogunyaza ukuqoqwa kwemali uzocutshungulwa yiKomiti leziMali kule Ndlu yesiShayamthetho. Okubalulekile ukuthi ukuze usebenze lo mthetho wokusungulwa kwesikhwama sokunxephezela kanye nokuthwalwa kwezindleko zomonakalo wokuchitheka kukawoyela olwandle kuzodingeka ukuthi le Ndlu yesiShayamthetho kaZwelonke noma uMkhandlu kaZwelonke iphasise uMthethosivivinywa ozokwethulwa yiKomiti leziMali ogunyaza ukuqoqwa kwezimali kulabo abahweba ngowoyela.
Uma lowo mthetho ogunyaza ukuqoqwa kwezimali ungazange waphasiswa yilesi siShayamthetho, lo Mthethosivivinywa esikhuluma ngawo namhlanje ngeke ukwazi ukusebenza. Uma futhi uMongameli wezwe engawusayindanga uMthethosivivinywa wokuqoqwa kwezimali ozokwethulwa yiKomiti leziMali, lo Mthethosivivinywa esikhuluma ngawo namhlanje angeke futhi ukwazi ukusebenza ngoba ukusebenza kwesikhwama sokunxephezela kanye nokuthwalwa kwezindleko zomonakalo wokuchitheka kukawoyela olwandle kuncike kakhulu ekuqoqweni kwemali ezofakwa esikhwameni.
Ngakho-ke, Sihlalo namalungu ahloniphekile, kuyobaluleka ukuthi uMthethosivivinywa wokuqoqwa kwezimali zesikhwama ube ngeminye yemithetho esohlwini eseqhulwini ezophasiswa yileli Phalamende leSine. Uma singahluleka ukwenza lokho singabeka leli lizwe engcupheni yokuthi kube uhulumeni obhekana nezindleko kanye nomonakalo wokuchitheka kukawoyela olwandle uma kungenzeka inhlekelele enjalo.
Ngesikhathi iKomiti licubungula lo Mthethosivivinywa lathola isethulo esenziwa izinhlangano zezazimthetho zokuthutha ngamanzi zaseNingizimu Afrika, phecelezi i-Maritime Law Association of South Africa, i-MLASA. Kwaphinda kwaba nokuphawula okwenziwa i-SA Maritime Safety Authority, u-SAMSA, eKomidini lezokuThutha, kanti futhi salekelelwa uMeluleki wezoMthetho kaHulumeni, phecelezi i-State Law Adviser kanye noMeluleki wezoMthetho wePhalamende phecelezi i-Parliamentary Law Adviser.
Okwavunyelwana ngakho-ke kwaba ukuthi lesi sinxephezelo sizosebenza endaweni engamakhilomitha angamakhulu amabili ukusuka ogwini lolwandle kuya ekujuleni kolwandle. Isinxephezelo futhi sizofaka nendawo ebizwa ngokuthi i-Prince Edward Islands. Lokho kuchaza ukuthi yimikhumbi eyobe ihamba endaweni engekho ngaphezulu kwamakhilomitha angamakhulu amabili ukusuka ogwini lolwandle kuya ekujuleni kolwandle eyokwazi ukuthi inxeshezelwe.
SinguKhongolose siyaziqhenya ngoshintsho olwenziwa nguhulumeni kaKhongolose kwezokuthutha ngamanzi. Yinde indlela esisazoyihamba ukulungisa lo mkhakha ukuze kuvikeleke izwe lakithi nokuthi abantu ababehluphekile; bengakwazi ukungena kulo mkhakha, bakwazi ukungena kwezohwebo lomkhakha wezokuthutha ngamanzi kuphinde kuvuleleke namathuba emisebenzi, futhi nabantu bakithi babe nemikhumbi.
UKhongolose uyawusela lo Mthethosivivinywa wokuSungulwa kwesiKhwama sokuNxephezela iziNdleko zoMonakalo wokuChitheka kuka Woyela oLwandle. Ngiyabonga. [Ihlombe.] (Translation of isiZulu speech follows.)
[Ms N R BHENGU: Hon Chairperson, hon members and the society of South Africa, the ANC supports the Merchant Shipping (Civil Liability Convention) Bill, which will help to remedy the situation when ships spill oil at sea.
We must be grateful that oil spill disasters have not yet happened in the oceans around South Africa before this Bill was presented to the National Assembly. We believe that the House is going to pass it today and that will be good news for all South Africans.
Although we are pleased with the work that we have done to process the Bill speedily since it is very important, we are anxious that the President of the country, Mr Jacob Zuma, should sign it before an oil spill disaster happens. If an oil-carrying ship should be grounded, then the government would be liable to spend millions of rands to remedy the situation. That, in turn, would negatively impact on service delivery, especially in poorer communities.
This Bill is aimed at introducing South Africa to contributing to the International Oil Pollution Compensation Fund which is used to compensate for oil spill disasters. This fund is utilised for the whole world, it has been in existence for a long time and it is used effectively in other countries. South Africa is not a part of it, since the country was previously under apartheid and sanctions were imposed on it. The ANC is still righting the wrongs of the past and solving problems that were caused by the apartheid regime for the country.
That, then, means that South Africa has to contribute to the International Oil Pollution Compensation Fund so that our government will not be liable to pay up for oil spills.
This Bill will increase the compensation that might have to be paid by a shipping company and its insurance as the compensation might be too little to pay for all the damage caused by oil spills.
If our government does not contribute to the compensation fund, it will consequently incur costs associated with cleaning up oil spills that are caused by shipping companies at sea. That would have a very negative impact, especially on service delivery. If this should happen, even oil shipping companies would end up closing down because of high costs.
The International Oil Pollution Compensation Fund may pay over three thousand rands if there is an oil spill accident at sea. This means that if an oil tanker happened to spill oil at sea around South Africa, the responsible shipping company, its insurance, as well as the International Oil Pollution Compensation Fund would pay for damages.
In so doing, oil pollution compensation liabilities are removed from the hands of the South African government and taxpayers. One question whose answer we think everyone is expecting is this: How will the funds that South Africa will contribute to the international fund be generated? The answer is as follows: The South African government will collect revenue from oil shipping companies because it is their product that puts us at the risk of oil pollution of the sea. The oil producing and oil shipping companies will be liable for payments. Taxpayers will not be expected to contribute to the fund.
The Bill, which authorises the collection of revenue, will be processed by the Portfolio Committee on Finance in this House of the National Assembly. In order for the legislation to establish the compensation fund and to cover costs incurred through oil spills, the National Assembly or the National Council of Provinces will have to pass the Bill that will be presented by the Portfolio Committee on Finance, which will authorise the collection of revenue from companies that trade in oil.
If the legislation that authorises the collection of revenue is not passed in Parliament, the Bill we are discussing today will not become law. If the President does not sign the Bill, which is going to be presented by the Portfolio Committee on Finance, it cannot be implemented because the use of the International Oil Pollution Compensation Fund and the cleaning up of oil spills at sea depends on the collection of revenue for the fund.
Therefore, Chairperson and hon members, this Bill should be given priority in the Fourth Parliament. If we fail to do this, we would be risking our government covering all the costs in the event of an oil spill disaster.
When the committee processed this Bill, they received a proposal from the Maritime Law Association of South Africa, MLASA. The SA Maritime Safety Authority, Samsa, also made recommendations to the Transport committee, as well as the State Law Adviser and the Parliamentary Law Adviser.
It was agreed that the compensation fund would be utilised in an area of up to two hundred kilometres offshore. It will also be used around the Prince Edward Islands. That means only ships sailing at a distance of not more than two hundred kilometres will be compensated.
As the ANC we are proud of the transformation that the ANC government has brought about in water transport. We still have a long way to go towards transforming this sector in order to safeguard our country and to open up opportunities to the previously disadvantaged to obtain access to this kind of business and for them to own ships and also to open up employment opportunities for them.
The ANC supports this Merchant Shipping (Civil Liability Convention) Bill so that the compensation fund may be established. Thank you. [Applause.]]
Mr G R KRUMBOCK: Speaker, the Merchant Shipping (International Oil Pollution Compensation Fund) Bill, along with its companion Bill, the Merchant Shipping (Civil Liability Convention) Bill, is long overdue, but nevertheless, most welcome. The purpose of the Bill is to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage of 1971 into law.
The Bill is one of four in a package, which is designed to give effect to South Africa’s obligations under the Fund Convention and International Maritime Organization Protocol of 1992 to amend the International Convention on Civil Liability for Oil Pollution Damage, which I will refer to as the Civil Liability Convention.
The other three Bills, that form part of the package, are the Merchant Shipping (Civil Liability Convention) Bill, a Money Bill in terms of section 77 of the Constitution, ie the Merchant Shipping (International Oil Pollution Compensation Fund) Contribution Bill, and, lastly, the Merchant Shipping (International Oil Pollution Compensation Fund) Administration Bill, which addresses the administrative requirements of the aforementioned money Bill. The Civil Liability Convention and the Fund Convention, which I have referred to, regulate the liability and consequential compensation to claimants for loss or damage caused by oil pollution from tankers.
In the case of the Civil Liability Convention, claimants are entitled to compensation from the registered shipowner for pollution damage that occurs in the territory and territorial sea or exclusive economic zone of a contracting state. While there are only limited exceptions and defences that the shipowner may appeal to in an otherwise stringent liability regime, this liability is limited according to the tonnage of the ship in terms of the Civil Liability Convention.
Depending on the exchange rate, the existing possible compensation for oil pollution and incidental costs through normal insurance is limited to approximately R900 million, hence the mechanism to guarantee compensation to claimants in respect of oil pollution damage is the fund convention that establishes the International Oil Pollution Compensation Fund. This fund is financed by cargo owners who receive in the ports and terminal installations of the contracting states more than 150 000 tonnes of contributing oil annually. At recent exchange rates, the maximum compensation that can be paid by the fund in respect of a single incident is just over R3 billion, which can be used to compensate claimants where they have either been unable to receive payment or full payment in terms of the Civil Liability Convention. This significantly increased sum illustrates the value of this package of Bills.
Currently, South Africa is severely exposed in the event of a major oil spill as the limits contained in the Marine Pollution (Control and Civil Liability) Act are very low indeed. Once this package of Bills is enacted, the risks associated with a major oil pollution disaster will be mitigated to a far greater extent. If, for example, a tanker broke at Ethekwini, there will be many individuals, commercial enterprises as well as government, with legitimate claims. Government will be faced with an extremely expensive and unanticipated clean-up bill; resorts, hotels, B&Bs and related support industries will be hard hit, with many established, as well as marginalised entrepreneurs’ livelihoods placed at risk, possibly for an extended period of time. Lastly, individuals who may not be directly involved in the leisure and accommodation sectors will be equally prejudiced if their own residential properties are near the affected area.
Being able to access the International Oil Pollution Compensation Fund in these circumstances of multiple, substantial and legitimate claims up to approximately R3 billion, illustrates clearly the benefits of this legislation. Claimants will now enjoy a far greater level of cover, not least the state itself, as a contributor of the last resort. Appropriately, the cost of a major oil spill or disaster will now be borne to a great extent by the industry concerned. That is how it should be, and why the DA is supporting this Bill. In this respect, we do agree with the Minister, but then again, she was quoting verbatim from the explanatory memorandum to the Bill.
In summary, this is a welcome and constructive Bill that will afford South Africa a far greater measure of comfort should we be unfortunate enough to suffer a major oil pollution disaster. The Bill has been improved by the valuable and voluntary inputs of the Maritime Law Association of SA and General Council of the Bar of SA, who have tightened up several poorly defined jurisdictional and overlapping legislation issues. The DA will support this Bill. I thank you. [Applause.]
Mr P D MBHELE: Hon Speaker and hon members, let me mention upfront that we as Cope are fully in support of the Bill. Comprehensive oil spill liability and compensation fund legislation would have become a reality for this country a long time ago if South Africa had not been the pariah of the world for so many years. Compromises required to remove the principal impediment of the pre-emption of state oil spill liability law from the current legislation were being used. The most realistic compromise at this date is to ensure that the State Oil Spill Fund and the their taxing authorities and State Oil Spill Liability Law will not be pre-empted.
The SPEAKER: Hon members of the ANC, please reduce the noise level in the House.
Mr P D MBHELE: One of the questions most frequently asked of the International Tanker Owners’ Pollution Federation Ltd, ITOPF, is how much does it cost to clean up an oil spill. Unfortunately, there is no simple answer as the costs of oil spills vary considerably from one incident to another, depending on a number of interrelated factors. It is Cope’s hope that, given all the world experience, South Africa will come up with a Bill that will encompass all the major salient points because this is a universal problem. Cope will therefore impress on Parliament today to include the human collateral factor requiring community compensation. Currently we have only seen the law being applied under the 1992 Civil Liability Convention, CLC, fund against the registered owner of the ship. Attention has not been paid in principle to include victims from claiming compensation outside conventions from persons other than the shipowner. The case arises from what is also commonly referred to as the Erika decision for charterers and cargo holders.
In the loss of the Erika in December 1999, which polluted the coast of Brittany, the cargo owner, which is Total in this case, together with the shipowners and the classification society, were found liable to pay compensation to the victims of the spill. The village of Mesquer brought claims under the Waste Framework Directive, WFD. Because of this experience, the government of Canada has combined international conventions with internal regulations established by the International Maritime Organisation with response and recovery undertaking with a collaborative whole-of-government approach. Several departments fall into this, come to think of it, from the Departments of Mineral Resources, of Water and Environmental Affairs, of Home Affairs, and of Police, the Saps, the intelligence services, the coast guard, sea rescuers and the National Response Centre.
Cope has found that this Bill requires key questions to be asked. Firstly, can fuel oil, intended to be sold as a product by the producer, be classified as “waste” within the meaning of the WFD? Secondly, if so, should fuel oil accidentally spilled at sea, and either on its own or when mixed with water and sediment, constitute waste? Thirdly, is the polluter pays principle tantamount to a test of negligence? Is that constitutional?
In the case of the Erika, the introduction of the polluter pays principle seems to amount to a negligence test for maritime ship owners only. Cope would have liked to see the Bill classified as a section 77 Bill for broader consultation before South Africa experiences a major disaster, given the frequency of shipwrecks we have seen recently in Cape Town, Port Elizabeth, Knysna and Richard’s Bay. The Bill was introduced for public comment and gazetted in 2009 as a section 75 Bill, which excluded the NCOP and tribal authorities, hence no input was received, except from the two stakeholders that colleagues spoke about.
Cope would like to see a clear-cut definition of commercial ore tankers versus government-owned vessels. Clause 10 defines clearly which ships apply where government ships are used for noncommercial purposes. Clause 14 scrutinises the part of the Civil Liability Convention where the state provides for the period of validity and for the lapsing of the certificate of liability and sovereign immunity. Clauses 15 and 16 of the CLC pronounce on how long charges and detention costs will be managed until all costs are secured.
Finally, Cope would like to see the development and enforcement of institutions related to training, testing and certification, certifying marine personnel, including seafarers, ship security officers and pleasure craft operators, to ensure the safe operation of all marine activities in South Africa in relation to the fund coming out of this Bill. I thank you.
Mr N SINGH: Hon Speaker and colleagues, the vast majority of South Africa’s border consists of an ocean – or two oceans that meet at our south-western corner. These oceans maintain a vibrant marine life and numerous ecosystems. They must be continually protected and balanced against the interests and requirements of the economy for they are a renewable and sustainable resource.
The Cape of Good Hope is situated on one of the world’s major shipping routes. The potential for oil pollution along the coast is therefore high and it is critical that we have at our disposal every means for the protection and reparation thereof.
With the enactment of the Merchant Shipping (International Oil Pollution Compensation Fund) Bill, our country will have access to the much needed International Fund for Compensation for Oil Pollution Damage, also known as the Fund Convention.
With the South African territorial waters being part of major oil shipping routes, this access to an internationally resourced compensation fund which will cover damages arising out of spills along our coastline is very welcome.
The recent wreckage at Cape Town earlier this year of a certain bulk carrier off Bloubergstrand, where the hon Chief Whip of the IFP lives, it seems, has galvanised government into action. Whilst this legislative action in itself is very good, it is also very concerning that our government managed to only step up to the plate after post-catastrophe.
The lack or the unavailability of funding, or about who is responsible to pay when a disaster occurs, must not impede immediate interventions. Clause 7 is therefore welcome, where the SA Maritime Authority may request funds on behalf of the government. We also support all calls for our other marine legislation to be updated urgently to increase the shipowners’ liability in the case of a bunker fuel spill from a cargo ship such as the recent incident with the Kiani Satu, which ran aground near Knysna. In terms of present legislation, the maximum we can claim from the owners of the Kiani Satu would be R33 million, based on the size of the ship, yet it is reported that the ship’s cargo of rice is worth more than that amount.
Although compensation in itself will not restore damaged fauna and flora, it will allow for the rehabilitation and renewal of scarce resources. Moving forward, the IFP hopes to see more proactive intervention from all concerned in the protection of our territorial waters. The polluter pays principle must always be upheld. The IFP will support this Bill. Thank you. [Applause.]
Mnu L SUKA: Somlomo, malungu ale Ndlu abekekileyo, nam mandizathuze ndihlomle kule ngxoxo yanamhlanje ibaluleke kangaka nejolise ekungcolisweni kweelwandle zethu ziinqanawa ezidlula kweli loMzantsi Afrika, zithwele imithwalo emikhulu nemincinane.
UMzantsi Afrika lilizwe elinonxweme elibude bungamawaka amabini amakhulu asixhenxe namashumi alithoba enesibhozo eekhilomitha. Lulwandle olunamandla namaza anomsindo ngeyona ndlela xa sele lulwile, into emana ukwenzeka rhoqo maxa wambi. Iinqanawe ezininzi zikhe zagagana nala mandla kwanzima kuzo kuba kaloku iingxwelerha zezo nqanawa zidinga imali enkulu okanye imali etshisiweyo yokucoca umonakalo oshiywe ngasemva zezo nqanawa.
Lonke ixesha sijongene nale ngxaki, siba noloyiko olukhulu lokuba azi le mali yokucoca ezi lwandle iza kuvela phi na. Kufana nomntwana okanye nomntu ohambele kwakho endlini, angcolise, ophule izitya emke alindele ukuba wena mntu wekhaya coca uphinde uthenge, kodwa ube umonakalo wenziwe ngumhambeli. Utsho lo Mthetho umncinane.
Ngoko oko ke sithi wena wonakaliseleyo, hlawula musa ukudlula nje kuba imali esinayo ifanele ukuba ilungisa ezinye iingxaki zokujongana nezendalo phaya elwandle. Hayi ukulungisa umonakalo oshiywe ziinqanawa ezidlule apha kweli loMzantsi. Ilishwa ke lelokuba iinqanawe zethu siyayazi ukuba zathengiswa kurhulumente wobandlululo singekafiki ngomnyaka we-1993. Wathengisa zonke iinqanawa sashiyeke sibambelele esilevini. Ngoku kudlula ezinye zezo nqanawa zazithengisiwe nekufuneka ukuba kwathina ngoku silungise loo monakala xa bathe bangcolisa ezi lwandle zethu. [Kwaqhwatywa.]
Iingxowa ecetywayo ngalo Mthetho isekelwe ukuphendula loo mbuzo. Uphengululo lubonisa ukuba inqanawe nganye exingileyo idinga isigidi esinesiqingatha seerandi ukumelana nomsebenzi wokuhlangula. Ndifuna ukuba imibutho esecaleni engekho phantsi kwephiko likarhulumente mayisincedise ikhwaze ngamandla into yokuba bona abanikazi bezi nqanawa mabahlawule kaloku xa becoca ezi lwandle zethu. Laa mafutha adada kwezi lwandle awenziwanga sithi, kodwa nabo bebengazi ukuba maxa wambi iinqanawa zabo ziza konakala okanye zophuke apha endleleni, kodwa maba kulungiselele oko kungajongwa kwingxowa yethu nakwirhafu zethu esizirhafayo.
Ezi ndleko ziphindaphindeka kaninzi ke ukuba inqanawa leyo ithwele loo mafutha angcolisa ulwandle lwethu. Umonakalo oshiyeka ngasemva xa kukho nalo mafutha ngongathethekiyo. Ukuba ndikumemile kwam, uthi uza kuza wedwa ze sivumelane, kodwa xa ufika uze nabantu ababini nabathathu kuthetha ukuba ingxowa yam iyanda kufuneka ndithathe ngakumbi apha engxoweni. Nakubo ke ngokunjalo, ukuba uza nomthwalo omkhulu wezi nqanawa, uza kwandisa uhlahlo-lwabiwo-mali lwale ngxowa sinayo. Ithetha ukuba imali iza kwanda ibe zizigidi ngezigidi. Loo nto ifuna ukuba abanikazi bangenelele nabo ekusombululeni le ngxaki.
Le ngxowa isekelwe ukuze ikwazi ukuqokelela loo mali ibisele ixeliwe ngusihlalo wam xa ebethetha apha. Abacoli mafutha abamkela amafutha ngeenjongo zokuwacola, ngabo ekufuneka bafake imali kule ngxowa. Imali esengxoweni izokuncedisana nomsebenzi owenziwa ngelo xesha ukwenzela ukuba siphume kule ngxaki. Yingxowa yokuqinisekisa ukuba kujongwana ngeendlela nokukhuselo lonxweme lwethu kwanokuphila kwalo. Kaloku siyayazi into yokuba phaya elwandle ayingomanzi odwa aphaya koko kukwakho nezilwanyana ezidaliweyo zaselwandle. Umzk, iintaka zaselwandle le nto athi amaKhumsha xa eyibiza ziipenguins, iintlanzi, iindidi ngeendidi zazo kunye neentyantyambo ziphaya. Xa kuza kungcoliseka ulwandle lwethu, loo nto ithetha ukuba sibeka izinyalwana zaselwandle esichengeni. Loo nto ifuna ukuba sikhawulezise ukucoca ezo lwandle.
Eli lizwe libabalwe ngemvelo yaye amagugu amaninzi kweli anento yokwenza ngokusingqongileyo. Somlomo, njengoko usazi, singumbutho olawulayo wesizwe i-ANC, ukugcinwa kwamagugu sikwenza kube yinto ebalulekileyo. Ngale nyanga yamagugu, sinomgeni wokuqinisekisa ukuba isizukulwana esilandelayo asisishiyi sisengxakini esingasoze sikwazi ukumelana nayo. Kungoko ke kufuneka sihambe namafa ethu, siwakhusele naphaya elwandle kuba ulwandle lelinye lelifa esinalo kumafa alithoba esinawo ngokomthetho walapha ePalamente.
Sinamabali oyikisayo okusetyenziswa kakubi komhlaba wookhokho bethu. Abemi bezimbiwa babuthatha bonke ubutyebi kwikhulu leminyaka eyadlulayo. Thina ke sifumana imigodi enamanzi anobungozi. Le nto athi amaNgesi yi-Acid mine drainage. Laa ekufuneka senze kangangoko ukuze angachitheli amanzi asetyenziswa. (Translation of isiXhosa paragraphs follows.)
[Mr L SUKA: Hon Speaker, hon Members of Parliament, let me also join in on today’s very important debate relating to marine pollution that results from the use of our coastline by large and small cargo ships.
South Africa’s coastline is about 2 798 km long. Our seas can be rough and stormy at times. Many ships have fallen victim to our rough seas and the resultant wrecks require a lot of money to remove.
Every time we are faced with this problem, we always have to contend with the uncertainty of where the money for cleaning up the oceans is going to come from. It is like a child or an adult who is a guest in your house, who leaves the place dirty, with some dishes broken, and expects you as the host to fix the place and replace the stuff he or she broke. Therefore we have the provisions of this short Bill.
We therefore say, “You break, you fix!” Don’t just pass through. The money we have is for taking care of environmental issues in respect of our oceans and not for fixing damage caused by passing ships. Unfortunately, the apartheid government sold our entire fleet in 1993, before we came on the scene. This left us dumbfounded. Now we have to fix the environmental damage left in the wake of some of those ships. [Applause.]
The envisaged fund planned around this Bill is in response to that. Research findings show that for each vessel that runs aground, R1,5 million is required to carry out the rescue. I would like for nongovernmental organisations to make their voices heard and demand that the owners of vessels involved in oil spills carry the costs of cleaning up. We are not responsible for the oil spills and the owners could not have anticipated that their vessels would break down, but they should insure their vessels so that as taxpayers our money is not used for rescue operations.
The clean-up costs are even doubled if the vessel concerned carries oil, which spills into our oceans. The damage resulting from such oil spills is unbelievable. If I invite you to my house as my guest and we agree that you will come alone, but you arrive with two or three more people, that means more costs to me. This principle applies to the owners of vessels; the larger the load carried by their vessels, the greater the costs to this fund. This means our costs will run into millions of rands. Owners of vessels should play a part in trying to find a solution to this problem.
This fund was set up to raise the amount of money indicated by my chairperson here earlier on. It is refineries that should contribute to this fund. The fund will help us out with the work being carried out at any given time. The fund is there to ensure that we take good care of our oceans. Indeed, we know that our oceans are not just the water, but also the marine life. For instance, there are sea birds, penguins and various species of fish and plants there. When our oceans are polluted, it places marine life at risk. This means we must waste no time in cleaning up our oceans.
This country is blessed with natural resources, and much of our heritage in this country is of an environmental nature. Hon Speaker, as you know, as the ANC we are the ruling party and we make preserving our heritage a priority. In this, the heritage month, we are faced with the challenge of making sure that we don’t leave the next generation in a fix. That is why we have to preserve our heritage sites, including the coastal areas that, in terms of an Act of Parliament, are part of our nine heritage sites.
We have heard disturbing stories of the abuse of our forefathers’ land. Mining companies took all the riches a century ago. Now we get mines with what is called acid mine drainage, which we have to make sure doesn’t seep into the water we use.]
Such is our challenge that our coastline, as well as that of our African neighbours, is littered with wrecks, most of which remain a danger to the environment. The owners of such wrecks can simply limit their liability beyond a certain threshold to manage their losses.
We are a government that cares too much to want to limit our liability. Our obligation, and thus our undertaking to this country driven by our conscience, requires us to put in place adequate measures to ensure that we protect our heritage - in this regard, the rich maritime heritage.
Oko sikwenza kuba sinabantu abaphila ngokuloba iintlanzi kunxweme olukwintshona yeli, apho intlanzi nganye isusa inxele likakhetsekile. Sikwenza oko kuba sinomgeni wesimo sezoqoqosho eMpuma Koloni apho sinonxweme olude ekufuneka silusebenzisile. Sikwanawo nomgeni wemeko yaseMntla Kapa apho iindawo ezininzi eziza kuba neentshukumo zezoqoqosho olwaluqhutywa yidayimani nazo kuza kufuneka sizijonge, kodwa unxweme lusekho oluneentlanzi.
Somlomo, i-ANC njengoko iwuxhasalo Mthetho, sifuna nje ukuthi phaya kumhlobo wethu i-Cope, ezi zinto iziphakalisayo zilungile kodwa ezi zinto zezi zilungiswa ngulo Mthetho ngokuwukuxhasa. Mayingaziphakamisa ngokungathi ikhona enye into engenye eza kwenziwa engaphaya kwalo Mthetho kuba zezi zinto besivumelene ngazo entlanganisweni nasekomitini. Enkosi Somlomo. [Kwaqhwatywa.] (Translation of isiXhosa paragraphs follows.)
[We do this because we have people who depend on fishing for a living in the West Coast area of this province, where each fish helps to alleviate hunger. We do this because in the Eastern Cape we have a challenge in that we have an expansive coastal area that remains underutilised. We also have the challenge of having to aid the Northern Cape which has many areas whose economy depend on diamond trade; but we still have fish in the seas.
Hon Speaker, as the ANC we support this Bill. We just want to say to our friends from Cope that the points they are raising are relevant, but can only be addressed by them supporting the Bill. In raising those points, they must know that there is nothing more that can be done to address them other than through the Bill, because it encompasses all the matters we agreed on in committee meetings. Thank you, Speaker. [Applause.]]
TONA YA DIPALANGWA: Motlatsa Mmusakgotla, Maloko a Palamente a a tlotlegang a a neng a tsaya karolo mo puong e ya Molaotlhomo o re o bayang gompieno; ke a le leboga. Puo ya gompieno e kaya gore ruri re le Maloko a Palamente a mekgatlho e e farologaneng, re nna re ntse re tshegetsa ANC go baakanya tshenyo e e sa leng ya dirwa ke bao ba neng ba tshwere lefatshe la rona kalana ntlheng. Gompieno re a re re tshwanetse go tshegetsa Letlole la Boditšhabatšhaba la Tuediso ya Kgotlelo ya Oli go ka dira gore yo o tswang kwa ntle, a tla a rwele ditone tsa oli mo Aforika Borwa tse di tla kgotlelang lefatshe le tikologo ya rona, a duedisiwe.
Pele e ne e a tle e re fa motho a tla a re nna ke feletswe, ke dikobo dikhutswane, e be e le gore puso ke yona e tshwanetseng go tsenya letsogo e baakanye. Gompieno re a re letlole le ke le e leng gore ditheo tse di tlisang oli mo Aforika Borwa, di tshwanetse di le duele gore le tle le kgone go nna le tšhelete. Se se tla dira gore mo o reng o feletswe gona, puso e tle e kgone go tsenya kopo tuelo kgatlhanong le letlole le. Se se raya gore go okediwa mo godimo ga inšorense e o nang le yona. Ba diinšorense ba a tle ba re ke tlaleletso godimo.
Rona re itumelela gore Maloko otlhe a Palamente a tshegetsa Molaotlhomo o. Go na le Melaotlhomo e mengwe e e leng gore re tla e sekaseka e e buang ka ntlha e e tlhagisitsweng ke Rre Suka wa Cope. Gompieno re a re, jaaka re le puso ya ANC, re itumela thata gore re dirisa se se bidiwang mokgotledi o a duela ka sekgoa e le - the polluter pay - gore ditheo di seka tsa tswa kwa ntle tsa tla go dira Aforika Borwa thothobolo ya mathata le dikepe tsa bona. Ke ka moo gompieno ke reng ke a itumela ka ntlha ya fa re kgona go tshegetsa Molaotlhomo o, gore re tle re kgone go o tsweletsa pele. Ke a leboga. [Legofi.] (Translation of Setswana paragraphs follows.)
[The MINISTER OF TRANSPORT: Deputy Speaker and hon Members of Parliament who were taking part in today’s debate on this Bill, thank you. Today’s debate is a clear indication that, as Members of Parliament from different political affiliations, we will always support the ANC in reforming what was destroyed by those who were in charge of our country in the past. Today we are saying that we need to support the International Oil Pollution Compensation Fund to ensure that those who come from foreign countries, bringing tons of oil into South Africa that pollute our land and environment, should be punished.
Previously, when someone claimed to have nothing and is poor, the government would intervene and assist. Today we are saying that this is the fund that companies that are bringing oil into South Africa are supposed to be contributing to to make funds available. This will assist in cases where there is a dire need; the government will then source financial assistance from this fund. This will mean that a contribution would be added to an existing insurance, which is referred to as a top-up cover.
We are happy that all Members of Parliament support this Bill. There are other Bills that we will discuss which relate to what was indicated by Mr Suka from Cope. Today we are saying, as the ANC, that we are happy about the application of the polluter pays principle to curb foreign companies from turning South Africa into a heap of their problems and ships. That is why today I am saying that I am delighted that we support this Bill, because in this way we are taking the matter forward. Thank you.] [Applause.]]
Debate concluded.
Bill read a second time.
MERCHANT SHIPPING (CIVIL LIABILITY CONVENTION) BILL
(Second Reading debate)
The MINISTER OF TRANSPORT: Hon Deputy Speaker, Ministers, Deputy Ministers and hon members, let me once more thank the chairperson and members of the Portfolio Committee on Transport for the work done in processing the Bills under consideration.
The objectives of the Merchant Shipping (Civil Liability Convention) Bill [B 20B – 2013] are to enact the International Maritime Organization Protocol of 1992; to amend the International Convention on Civil Liability for Oil Pollution Damage of 29 November 1969 into law; and to provide for matters connected therewith. The National Development Plan points out that:
Market and policy failures have resulted in the global economy entering into a period of ecological deficit, as natural capital is being degraded, depleted faster than it can be replenished.
This Bill provides one way of addressing such policy failures and also fulfils the objectives of Outcome 10 on the preservation of our environment. Output four seeks to preserve our biodiversity and to protect ecosystems and species while increasing the number of species under formal protection. This Bill is key in protecting our marine biodiversity. This legislation will not only protect our resources, but will hold accountable those responsible for polluting and damaging our 3 000 km of world renowned and most beautiful coastline.
The Department of Transport has declared the year 2013 as Maritime Year and it is significant that these Bills are being presented at this particular time. Also noteworthy is the fact that the Department of Transport and its agency, the SA Maritime Safety Authority, Samsa, have sponsored 30 students to study masters and doctoral programmes in maritime affairs at the World Maritime University in Sweden.
It is expected that the students will, on completion of their studies, be more knowledgeable in the area of maritime environmental protection, amongst other fields. This is part of the ANC government’s endeavour to create the necessary skills to grow the maritime sector as part of the broader Blue Economy drive.
The package of measures in the Bill is designed to give effect to the Republic of South Africa’s obligations under the Civil Liability Convention and the International Maritime Organization Protocol of 1992, and to give effect to the amendments of the International Convention on Civil Liability for Oil Pollution Damage, the Civil Liability Convention.
Once more I want to indicate that, accompanying the Merchant Shipping (Civil Liability Convention) Bill are: The Merchant Shipping (International Oil Pollution Compensation Fund) Bill, which we have just passed; The Merchant Shipping (International Oil Pollution Compensation Fund) Contributions Bill, which is a money Bill as contemplated in terms of section 77 of the Constitution; and the Merchant Shipping (International Oil Pollution Compensation Fund Administration Bill, which deals with the administrative matters of the money Bill with regard to the collection and management of the levies.
The Bill deals with questions of liability and compensation for loss or damage caused by contamination resulting from the escape or discharge of persistent oil from oil tankers. Under the Civil Liability Convention, claimants are entitled to compensation from the registered shipowner or insurers for pollution damage suffered in the territory or exclusive economic zone of a contracting state.
In the event that the financial security of the shipowner is insufficient to cover all the damages caused, the victim is then entitled to recovering the shortfall from the International Oil Pollution Compensation Fund.
Currently, vessel or shipowners are liable to pay for pollution damages up to R1,5 billion based on the Civil Liability Convention, whilst the International Oil Pollution Compensation Fund provides for an additional amount of about R2,6 billion.
The passing of this Bill ensures that South Africa would avoid instances such as the R31 million paid in 2011 for the clean-up of the pollution damages caused by the tanker, MV Phoenix. I hereby table the Bill to be passed by the National Assembly. Thank you very much. [Applause.]
NK N R BHENGU: Phini likaSomlomo ohloniphekile, malungu ahloniphekile, sizwe sakithi eNingizimu Afrika, zihlobo nabangane, thina esimele i-African National Congress ekomidini lezokuThutha kule Ndlu yesiShayamthetho sikaZwelonke siweseka ngokukhulu ukuziqhenya uMthethosivivinywa wokuThutha kwezaManzi.
Nizokhumbula ukuthi sike salubeka udaba olubuhlungu lokufika komkhumbi kaJan Van Riebeeck owafika kule lizwe lokhokho bethu ngowe-1652 wasilethela enkulu ingcindezi nokuhlupheka thina bomsinsi wokuzimilela eNingizimu Afrika. [Ubuwelewele.]
Okubuhlungu kakhulu kwezomkhakha wezokuthutha ngamanzi yilokho okwenzeka ngowe-1993 lapho uhulumeni wobandlululo esebona ukuthi leli zwe selizobuyela kwabomsinsi wokuzimilela ababelwela inkululeko i-African National Congress wasethatha isinqumo sokudayisa yonke imikhumbi yahulumeni yokuthutha izimpahla ebalelwa emashumini amahlanu nesikhombisa.
Leso senzo sasichaza ukuthi noma ungaphatha muntu omnyama kodwa umnotho wasolwandle uyoqhoqhobalwa ngamazwe angaphandle lapho okwavela khona ondlebe zikhanya ilanga. Namanje iningi lezinkulungwane zemikhumbi ehamba olwandle lwaseNingizimu Afrika eyabahwebi bamanye amazwe nokudla okuningi okudliwa kule mikhumbi akuveli kubalimi bale lizwe abasathuthuka. Ngisho nesosishi elinikezwa emikhunjini liqhamuka e-Italy.
Yingakho obenguNgqongqoshe wezokuThutha uMhlonishwa uBen Martins waphakamisa ukuthi lo nyaka kube wunyaka wezokuthutha ngamanzi. Inhloso yalokho ukusabalalisa ulwazi lwezokuthutha ngamanzi, emphakathini wonke nezinhlaka zonke zikahulumeni eNingizimu Afrika ukuze sisebenzise ezokuthutha ngamanzi ukuvula amathuba ezomnotho nokuthuthukiswa komphakathi. Seluqalile uhlelo lokufundisa intsha yaseNingizimu Afrika imisebenzi eyehlukene edingwa umkhakha wezokuthutha ngamanzi.
Kunezinhlelo zokukhangisa ngemisebenzi yokuthutha ngamanzi ezenziwa minyaka yonke kuhambisana ne-South African Maritime Safety Authority, SAMSA, uMnyango wezokuThutha kuzwelonke nezikhungo zemfundo ephakeme ngenhloso yokusabalalisa ulwazi ebantwini bakithi abancishwa ulwazi ngezokuthutha ngomkhakha wamanzi. Lolu hlelo lwenzeka ngegalelo le-African National Congress nokuzinikela kwentsha eyakhetha ukuphuma kule lizwe iye kwamanye amazwe iyofuna amasu nezindlela zokulwisa ubandlululo nemiphumela yalo.
Emkhakheni wezokuthutha i-African National Congress yathuma ukhomanda Tsietsi Mokhele eRussia ukuthi ayoqeqeshwa kwezokuthutha ngamanzi. Ubuholi baleli sosha lomzabalazo eliyi-CEO kwa-SAMSA yikona okulethe izinguquko kwezokuthutha ngamanzi kule lizwe. Uhlelo lokuthuthukisa ezokuthutha ngomkhakha wamanzi liyovula imisebenzi eyizinkulungwane ezingamakhulu amane namashumi amahlanu eminyakeni eyishumi kusuka ngowezi-2012.
Isimo sobandlululo kule lizwe senza ukuthi iNingizimu Afrika ikhishwe inyumbazana ngamazwe omhlaba okwadala ukuthi nemithetho yozokuthutha yaleli lizwe ingahambisani nemithetho yezokuthutha yomhlaba ehlonishwa amazwe wonke. Omunye waleyo mithetho yi-International Maritime Organisation Protocol yowe-1992 oshintsha umthetho obizwa ngokuthi yi-International Convention on Civil Liability for Oil Pollution Damage of November 1969. Lo mthethosivivinywa uzokwenza ukuthi iNingizimu Afrika yenganyelwe umthetho womhlaba onikeza amandla okuthi uhulumeni ahlawulise abanikazi bemikhumbi ethutha uwoyela uma imikhumbi yabo ichithe uwoyela olwandle kwadaleka umonakalo odinga ukukhucululwa.
Lokho kuchaza ukuthi bekungenzeka ukuthi umkhumbi othwala uwoyela uchithe uwoyela olwandle ngaphambi kokuthi le Ndlu ishaye lo mthetho bekuzoba yizindleko zikahulumeni ukukhuculula nokulungisa umonakalo wokuchitheka kukawoyela olwandle. Lokhu bekuyodla izimali eziningi kuhulumeni nabatheli bentela kubuyisele intuthuko emuva.
Uma le Ndlu iwuphasisa lo mthethosivivinywa namhlanje kuzosho ukuthi uma ususayindiwe wuMomgameli Zuma izindleko zokukhuculula umonakalo ongenziwa ukuchitheka kukawoyela olwandle sezingabhekana nenkampani leyo yomkhumbi ochithe uwoyela kungabi wuhulumeni nabatheli bentela abathwala izindleko zomonakalo owenziwe yinkampani thizeni ethutha uwoyela ngemikhumbi.
Lo mthethosivivinywa awuhambi wodwa uhambisana nemithetho emibili. Owokuqala, yilo wesinxephezelo esesikhulume ngawo la eNdlini. Le mithethosivivinywa namhlanje kule Ndlu yesiShayamthetho sikaZwelonke kubalulekile ukuthi ishicilelwe ngesikhathi esifanayo. Yingakho sikhuluma ngayo yomibili namhlanje. Lo mthethosivivinywa inhloso yawo wukusungula isikhwama.
Owesibili, ohambisana nalo mthethosivivinywa, wumthetho wokugunyaza ukuqoqwa kwemali eyofakwa esikhwameni sokubhekela izindleko zokukhuculula umonakalo wokuchitheka kukawoyela olwandle. Lowo mthetho ubaluleke kakhulu ngoba yiwo oyokwenza ukuthi kuqoqwe imali kubanikazi bemikhumbi, ngaphandle kwawo angeke usebenze lo mthetho esikhuluma ngawo.
Ngesikhathi sicubungula lo mthethosivivinywa sathola izethulo ezinhlanganweni zabameli ikakhulukazi, nakunhlangano ye-Cape Bar Council ne-Samsa. Salulekwa futhi nayizazimthetho zikahulumeni, kanjalo nezePhalamende. Zonke izazimthetho zavumelana ngokuthi lo mthethosivivinywa muhle kumele ikomidi liwuphasise nathi savumela ngazwi linye kuloko.
Kwaba khona izigaba okwavunyelwana ngazo ukuthi zishintshwe. Ikomidi lanikeza isikhathi esanele sokuxoxisana phakathi koMnyango wezokuThutha, izazimthetho nabe-Samsa. Amaqembu wonke ezombusazwe akhona ekomidini okuyi-ANC, i-DA kanye ne-Cope kanjalo nezazimthetho bavumelana ngazwi linye ngokushintsha kwalezo. [Ubuwelewele.]
Sengigcina Sihlalo ake ngikubeke kucace kule Ndlu ephakeme yesiShayamthetho sikaZwelonke ukuthi igatsha lomkhakha wezokuthutha ngamanzi ngaphansi koMnyango wezokuThutha kule lizwe aliwenzi kahle umsebenzi walo nangendlela encomekayo. Lokhu kudale ukuthi ngesikhathi sicubungula le mithetho ikomidi lihlehlise umhlangano owawuhlelelwe ukucubungula lo mthetho kanti lokho kwaba nomthelela wokusetshenziswa kwezimali budedengu noma ukumosa imali. Sathi sesifikile sizimisele ukuthi sizocubungula lo mthetho sathola ukuthi owu-DDG, okumele afike ahole ithimba la elizokhuluma nathi lisicacisela ngalo mthetho, wakushaya indiva loko wangafika. Wasithumelela ongaphansi kwakhe naye owafika wasitshela ukuthi utshelwe ngayizolo ukuthi makeze azomela uMnyango uma sixoxisana ngalo mthetho.
Okunye esafika sakuthola kwaba ukuthi akuzange kuze kube khona ukuxoxisana phakathi koMnyango wezokuThutha ne-Samsa okuyiwona osebenza laphaya olwandle. Lesi yisimo esingajwayelekile ukuthi uma kwethulwa umthetho ekomidini sizowucubungula uMnyango ufike uhamba wodwa i-Samsa ingekho.
Okwesithathu esakubona okungahambanga kahle kwaba wukuthi izethulo ezazilethiwe kakhulu abe-Maritime Law Society uMnyango wawungazange wakhulumisana ngazo kwaba nokuvumelana kangangokuthi izazimthetho zikahulumeni kanjalo nabaluleki bePhalamende kwezomthetho babenokungabaza ukuthi baseluleke bathini. Lokho kwaholela ukuthi siwuchithe umhlangano sithi abaphindele emuva bahambe bayoqoqa kahle babuyele kuthina sebehleleke kahle.
Okunye esifisa ukukuchaza ukuthi kuye kwaba nesidingo sokuthi ngenxa yokuthi lo nyaka unesikhathi esifushane ngenxa yokhetho oluzayo, ikomidi liyaphoqeleka ukuthi libize umhlangano ophuthumayo wokuphasisa lo mthetho nokubhala umbiko walo ngesonto eledlule ngoLwesithathu. Lowo mhlangano wabizwa ngokushesha okwaphazamisa futhi izinhlelo zamanye amaqembu akhona kuleli komidi angakwazanga ukuba khona emhlanganweni. Umhlangano wekomidi waqhubeka ngoba i-African National Congress yona yayiphelele ngobumi bayo kanti futhi sase sivumelene ngakho konke okwakufanele sivumelana ngako la. Sawuqhuba-ke umhlangano siyi-African National Congress sawuphasisa lo mthetho ngoba isibalo sabantu abadingekayo ukuze kuphasiswe umthetho ekomidini sasiyisona. Ngakho thina siyi-African Congress siyawaeseka lo mthetho. Siyabonga futhi ukuthi amaqembu esibambisane nawo savumelana ngesikhathi sixoxisana ngezinto okwakufanele ukuthi zibekwe kulo mthetho. Ngiyabonga kakhulu. [Ihlombe.] (Translation of isiZulu speech follows.)
[Ms N R BHENGU: Hon Deputy Speaker, hon members, fellow South Africans, friends and relatives, as the representatives of the African National Congress in the Portfolio Committee on Transport, we proudly support this Merchant Shipping Bill.
You’ll remember that we once mentioned a very painful matter – that of the arrival of Jan Van Riebeeck’s ship which arrived in this country of our ancestors in 1652 and brought a lot of hardship and oppression to us, who were born and bred in South Africa. [Interjections.]
The worst thing that happened in the maritime sector is what happened in 1993 when the apartheid government, upon realising that this country was about to return to the rightful owners who fought for freedom, the African National Congress, took a decision to sell all 57 state cargo ships.
That decision meant that even if you could be in power as a black person, the wealth of the ocean would be controlled by the European countries where the whites originated from. Even now thousands of cargo ships travelling in South African waters belong to the traders from other countries, and most food served on these ships do not come from emerging South African farmers. Even the sausages that are served on those ships are from Italy.
That’s why the former Minister of Transport, hon Ben Martins, suggested that this year should be regarded as the year of water transport. The aim behind that is to disseminate information on water transport to the members of the public and the government structures in South Africa in order to use water transport to create socioeconomic and skills development opportunities. The programme of training the South African youth for the different jobs needed by the maritime sector has started.
Jobs in the maritime sector are showcased every year in conjunction with the South African Maritime Safety Authority, Samsa, the national Department of Transport and the Higher Education institutions with the aim of disseminating information to our people with regard to the maritime sector. This programme was launched as the initiative of the African National Congress and the youth who sacrificed and left this country for other countries in search of some strategies and ways to fight discrimination and its consequences.
The African National Congress sent Commander Tsietsi Mokhele to Rusia to undergo training in water transport. The leadership of this political activist, who is the CEO at Samsa, is what brought about the changes in the maritime sector in this country. The programme of promoting water transport will create 450 000 jobs in the next ten years as from 2012.
As a result of apartheid, sanctions were imposed on South Africa by other countries. This in turn caused the water transport of this country to be in conflict with international water transportation laws, which is respected by all countries. One of those laws is the International Maritime Organization Protocol of 1992, which replaces the International Convention on Civil Liability for Oil Pollution Damage of November 1969. This protocol will give government power to fine the owners of ships which cause oil spills and to ensure that they clean up the spills as well as repair any damage caused.
This means that if a ship spills oil before this House passes the Bill, it would be the responsibility of government to foot the cleaning-up bill and to repair any damage related to the spill. This would cost the taxpayers and the state a lot of money and it would be a drawback to the economy.
If this House passes this Bill today, and it is signed into law by President Zuma, the expenses of cleaning up and of repairing any damage which might have been caused by an oil spill would be the responsibility of the company that caused the damage and not that of the state and the taxpayers.
This Bill is not independent, but it goes hand in hand with two other Bills. The first one is the one that deals with compensation, which we have already discussed in this House. It is important that these Bills that are before us today in the National Assembly should be passed at the same time. That is why we are discussing both today. The aim of this Bill is to establish a fund.
The second one, which goes together with this Bill, is the law that authorises the collecting of money that will be put in the fund for cleaning up oil spills in the ocean and for repairing damaged caused by those spills. That law is very important, because it is the one that will ensure the collection of money from the shipowners, without which this Bill we are talking about will not work.
When we were analysing this Bill, we received submissions mostly from legal organisations, the Cape Bar Council and Samsa. We were also advised by the state law advisors, as well as those from Parliament. All these legal experts agreed that this Bill is good and that the committee should approve it, and we agreed unanimously.
There were some sections which we all agreed should be amended. The committee gave enough time for consultation to take place between the Department of Transport, the legal experts and Samsa. All the political parties that are on the committee, which include the ANC, the DA and Cope, as well as the legal experts, agreed unanimously in respect of the amendment of those sections. [Interjections.]
In conclusion, Chairperson, let me make it clear in this august House that the water transport sector, which falls under the Department of Transport, is not doing its work properly. This resulted in the postponement of the committee meeting which was meant for the analysing of this Bill, and that resulted in careless or wasteful expenditure. When we were there and ready to analyse this Bill, we found that the DDG, who was supposed to come and lead the delegation which was to speak to us about the Bill, did not bother to come. He sent us his junior, who informed us that he was told the previous day that he had to come and represent the department in discussions on the Bill.
What we also discovered was that there was no discussion between the Department of Transport and Samsa, which works directly with matters related to the ocean. This is an unusual situation - when a Bill is presented to the committee to be analysed, the department comes alone without Samsa.
The third thing we observed that did not go well was that the department did not have talks about the submissions which were mostly submitted by the Maritime Law Society, and there were no agreements whatsoever. This resulted in the legal experts of the state as well as the legal advisors from Parliament being doubtful on how to advise us. That led to the postponement of the meeting. We told them to go back and prepare, and then to come back to us when they were well prepared.
What we want to explain again is that, since we have limited time this year because of the upcoming elections, the committee was forced to call an urgent meeting to approve this Bill and to write its report last Wednesday. Because that meeting was called urgently, it disturbed the programmes of other political party members who are on this committee and were unable to attend the meeting. We proceeded with the meeting because all the members of the African National Congress were present, and we already had an agreement about everything that we had to agree upon. We proceeded with the meeting as the African National Congress and we approved the Bill because the required number of people was there. Therefore, as the African National Congress, we support this Bill. We are also grateful that we had an agreement with the parties that we work with about the issues that should be addressed in this Bill. Thank you very much. [Applause.]]
Mr G R KRUMBOCK: Deputy Speaker, the Merchant Shipping (Civil Liability Convention) Bill is a companion Bill to the Merchant Shipping (International Oil Pollution Compensation Fund) Bill, which this House considered in the previous item on the Order Paper.
The purpose of the Bill is to amend the International Convention on Civil Liability Convention for Oil Pollution Damage into law. As in the previous Bill we have just considered, this Bill is one of four in a package which is designed to give effect to South Africa’s obligations under the Civil Liability Convention and International Maritime Organization Protocol of 1992 to amend the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage of 1971, which I will refer to as the Fund Convention.
In this particular case, the money Bill and administration Bill referred to in the previous debate in this House still form part of the package, with the Merchant Shipping (International Oil Pollution Compensation Fund) Bill completing the quartet.
This Merchant Shipping (Civil Liability Convention) Bill must be read together with the Merchant Shipping (International Oil Pollution Compensation Fund) Bill, which the House has just considered. Therefore, the benefits to be obtained by the establishment of an International Oil Pollution Compensation Fund and the mechanism of the civil liability provisions apply equally to this Bill.
Indeed, as the Maritime Law Association – not “society”, committee chairperson - pointed out to the committee, both the money and administration Bills need to be enacted at the same time as the other two Bills to give effect to the Fund Convention. This has been confirmed by the Department of Transport, which assured the committee that the aim was to proclaim all the Bills on the same day. The Bill contains two further important parts other than miscellaneous provisions, which deal with compensation and insurance matters.
With regard to compensation, clause 6 refers to the construction of certain provisions and references in the 1992 Liability Convention and clarifies that references to “territorial sea” and “exclusive economic zone” in the Civil Liability Convention must be construed in a manner that is consistent with the Maritime Zones Act of 1994.
The jurisdiction of the High Court to hear and determine claims for compensation in terms of its admiralty jurisdiction is confirmed in clause 7, while the area of jurisdiction of the court is deemed to include that portion of the exclusive economic zone and territorial waters of South Africa adjacent to the coastline of its area of jurisdiction. This deeming provision was one of the amendments motivated by the General Council of the Bar and accepted by the Portfolio Committee on Transport.
Clause 8 of the Bill completes the section on compensation and sets out the process as to whether a claim for liability may be limited and where that application will be heard. Part 3 of the Bill deals with insurance certificates in some details. A government ship is defined, as well as the application of the Act to ships and a limited class of exceptions. A detailed series of subclauses set out various enforcement provisions and fairly punitive sanctions for noncompliance. The final clauses in this part specify how insurance certificates are issued, extended and may be cancelled. It defines the role that the South African Maritime Safety Authority, Samsa, plays in this respect.
The DA would like to acknowledge the positive and constructive role both the Maritime Law Association and the General Council of the Bar played in tightening up this legislation. The Maritime Law Association made a number of pertinent inputs aimed at harmonising the Civil Liability Convention with the maritime pollution Act as well as commenting on various jurisdictional issues. The General Council of the Bar clarified exactly which protocols or conventions were being enacted, the exact purpose of the Bill, as well as wording some of the language used more precisely. The DA thus has pleasure in supporting this Bill.
Finally, Deputy Speaker, it is odd that we have devoted nearly two hours to debating two pieces of largely technical and uncontroversial legislation when there are so many issues of national importance that are not debated in this House. Why are we not debating the parlous state of our mining industry, brought to its knees by debilitating strikes, or the fate of learners whose exam papers have been torn up by members of the SA Democratic Teachers’ Union, or perhaps most importantly, the collapse of health services in the Eastern Cape, where the most vulnerable of our people pay with their lives for catastrophic ineptitude and government failure?
After 20 years of democracy, we have to do better than this. Passing good legislation is not enough if the failure of implementation and service delivery reeks like an oil spill on a pristine South African beach. I thank you. [Applause.]
Mr P D MBHELE: Hon Deputy Speaker, hon members, it is a simple imperative that both the 1992 Civil Liability Convention and the Fund Convention are given the force of law as soon as reasonably possible so as to ensure that our limits of liability, at least in relation to pollution from tankers, are increased from the unacceptably low-levels contained in the maritime pollution Act and to ensure a claimant’s access to the 1992 fund.
The long period of bureaucratic torpor that had characterised the Bill’s passage left South Africa in a compromised position. The delay in drafting and passing the Bill was technical and related to the fact that more than one government department was involved. Everyone is aware of the various bulk carriers that have been shipwrecked off various shores of South Africa in the past ten years.
The saying that it is better late than never fits the Merchant Shipping (International Maritime Oil Pollution Compensation Fund) Bill of 2013. This Bill seeks to enact the 1992 protocol and amend the 1971 Fund Convention to become law. This has come at a time when South African taxpayers have been under siege to pay for ships that are stranded and abandoned by their owners in our seas.
In 2009 the Seli 1 was stranded at Bloubergstrand. This was surrounded by controversy. Seli 1’s owner abandoned her and insurers washed their hands of the entire affair. The South African Maritime Safety Authority was forced to spend an estimated R40 million on failed rescue operations.
In 2011 the MT Phoenix oil tanker ran aground north of Durban. Even though the High Court in Pietermaritzburg granted Samsa a seizure and sale order, allowing the authority to sell the vessel, millions of taxpayers’ money was used to remove more than 400 000 litres of fuel. The vessel also accrued a bill of about R8 million in an attempt to refloat it.
In 2012 South Africa was hit by another headline: “South Africa will foot the bill for salvaging Japanese fishing vessel”. That was the headline. This is the vessel which ran aground whose owner refused to cover the costs of the salvage. The question is, do they know something that we don’t? Why do they keep refusing to cover the costs? Why do they abandon their ships on our shores?
The answer that one can think of is that they were taking advantage of the fact that there has been no legislation that would hold owners liable until now, as we discuss the passage of the legislation. This is the reason why South Africa is always left with the dirty work and sizeable bills at the end of the day.
Cope agrees with clause 2 of the Bill that seeks to enact the Fund Convention into law. We are only hoping that funds that are lost will be reclaimed either from owners or the fund itself. This is not impossible, because the Seli 1 does not seem to be going anywhere anytime soon. The oil spill is still evident and sea life has been destroyed. She is causing an environmental hazard.
The MT Phoenix is still posing challenges for Samsa. Millions are spent on international salvage specialists to explore options for dealing with the vessel. The prospect for Samsa to sell the vessel and use the money to cover the cost of fuel removal and refloating the vessel before it can be towed out of South African territorial waters is very slim.
In the case of the stranded Clifton vessel, Cope can only hope that the Bill will fast-track the process for South Africa to claim back expenses for the ship’s removal from the owner, if she is insured, or from the fund.
The polluter pays principle affects all shipowners and it might be prudent that the Bill leaves room for a regulated environment for separate insurance in the event that they are also held accountable for the costs of the clean-up following an oil spill. Without doubt the vetting of tankers by charterers and owners of oil cargoes is now of paramount importance, and this process will need to be exhaustive and rigorous if the parties involved are to have a fighting chance of disproving negligence and contributory risk to the oil pollution damage in both the civil and criminal spheres.
Offshore civil liability is the next step this Bill has to address to be comprehensive. Floating oil slicks put the shoreline at particular risk when they eventually come ashore, covering the substrate with oil. This influences the type of clean-up that will be required to effectively decontaminate the shoreline. This extends to rivers, lakes, estuary shores and possible grass and farmlands, as well as to biological productivity and sensitivity.
The Exxon Valdes oil spill served as a major focal point in oil spill governance and reform. South Africa should look seriously at the developments elsewhere to come up with a modern Bill. Nonetheless, Cope will support the Bill. Thank you.
Mr J H VAN DER MERWE: Deputy Speaker, previous speakers have dealt with the technicalities of the Bill and I will therefore not repeat that, but what we wish to emphasise is that there is an ever-present danger of oil spills and the resultant pollution and destruction of the fauna and flora of our maritime environments and beaches. Protecting these precious assets must be our primary aim.
The protocol essentially modifies the entry of in-service requirements and increases the quantum of the compensation amount of the 1971 convention.
This Bill, amongst certain others, will give force and effect to our country’s obligations under the Civil Liability Convention as well as the said 1992 protocol.
The question of liability and compensation for loss or damage caused by the contamination resulting from the escape or discharge of persistent oil from tankers has always been fraught with difficulty of enforcement.
Claimants will now be entitled to be compensated by the registered shipowner or his insurer for pollution damages suffered in the territory or exclusive economic zone of a contracting state.
The liability of the offending party is strict, but subject to limitation. The conventions provide for a compensation of up to R3,04 billion to be paid after an incident involving an oil tanker. This is a significant and welcome increase from the prior compensation of only R210 million. The IFP supports the Bill. [Applause.]
Mr K J DIKOBO: Hon Deputy Speaker, hon members, it is the responsibility of the state to protect the land, sea and air against pollution. The state also carries the responsibility to clean up where pollution has already taken place.
A lot of taxpayers’ money is spent on cleaning and rehabilitating the sea every time something goes wrong. It is therefore right that the state should have a claim against the shipowners who cause pollution. The reality, though, is that there are many other parties whose lives are disrupted by pollution.
There are people who depend on the sea for their livelihood, particularly ordinary small-scale fishermen. Their business is negatively affected during the cleaning and salvage operations. They are unable to operate or forced to operate elsewhere for weeks or even months. How will they benefit from the R3 billion referred to in the Bill? Azapo supports the Merchant Shipping (Civil Liability Convention) Bill.
Nksk N J NGELE: Sekela Somlomo, ingathi ingxaki noko ikhona kancinci ngokuba namhlanje size kuthetha ngemikhumbi nezinto ezenzekayo kumalwandle ethu. Siza kuthetha njani ngoku ngeencwadi ezikrazuliweyo ngathi sithetha ngezeSebe lezeMfundo? AbeSebe lezeMfundo sebeza kuthetha ngantoni? Hayi, Sekela Somlomo, mna ndibona ngathi sinokulahlekana okuthile, kodwa ke ethubeni siza kuhlangana. [Kwaqhwatywa.] (Translation of isiXhosa paragraph follows.)
[Mrs N J NGELE: Deputy Speaker, I think there is a slight problem, because today we are here to talk about ships and what is happening in our oceans. How can we talk about textbooks that are been destroyed as if we are dealing with the Department of Education? What will the Department of Education talk about? No, Deputy Speaker, I think we are losing track in a way, but we will be in tune as the time goes on. [Applause.]]
The South African coastline is home to some of the most pristine areas and biodiversity. At 2 798 kilometres, it is the second longest coastline in Africa after Somalia, with 3 025 km, and one of the longest coastlines in the world. The area of confluence of the warm Indian Ocean and the cold Atlantic Ocean produces a rare marine biodiversity. It also produces the most violent sea conditions of a busy shipping route, making the Cape of Storms the most sensitive of the busiest shipping routes in the world.
South Africa, at the southernmost tip of Africa, is especially disadvantaged in that there is minimal capacity and marine equipment available in the region to intervene in cases of marine incidents. We thus have to ensure that there is adequate capacity to monitor the coastline, as well as to intervene in and manage cases of incidents.
The variety of ships that round the Cape varies from very large crude carriers, large container vessels carrying a variety of dangerous goods and substances, chemical tankers with dangerous substances, bulk carriers with large quantities of bunker fuels to scrap vessels on the way to the breakers, etc. Each of these vessels has a particular risk profile and requires a particular approach in dealing with it.
Now I want you to listen very carefully to the following. This is complicated by the fact that these vessels are ordinarily in transit in our waters. Even the ships that call at our ports are foreign-owned and largely manned by foreign crews. The ships of the companies purporting to be South African are all registered in foreign lands, where they pay their taxes.
The exposure to the country is huge, considering the fact that there is very little economic benefit normally realised from these activities. There is no employment or tax income, only a huge risk should an incident occur. This is the story of this country and this is the case for the entire African continent.
Over the past few years we have seen ships that had nothing to do with our country or our economy foundering on our shores. Just as a demonstration of this, in 2009 a vessel carrying coal from Durban to Gibraltar in the Mediterranean Sea ran aground in Cape Town due to the failure of its engines in heavy seas. As it turned out, it was not insured and the owners ran away, leaving the country with a bill of over R70 million.
In 2011 the barge Margaret, sailing from China to Holland, encountered heavy seas and ran aground outside Saldanha Bay. Again, it turned out not to have been insured as its insurance was valid only if the barge used the Suez Canal. The shipowner soon ran out of money and the state had to pick up a R15 million bill in wreck reduction costs.
In 2011, again, the vessel Olivia, sailing from Brazil to China, collided head-on with a mountain cliff off Tristan da Cunha Island, breaking into two and spilling thousands of tons of fuel oil and closing the South African fishing grounds in the southern oceans at a big cost to the fishing companies operating in that area as well as to the economy. Also in 2011 the MT Phoenix, a scrap ship from West Africa on the way to India, encountered engine problems, was uninsured, and was abandoned by its owners. It subsequently ran aground off Durban.
UMzantsi Afrika kwafuneka ukhuphe amashumi amathathu avayo ezigidi zeerandi ukuphipha loo mosharha. Sekela Somlomo, imeko yezi nqanawe kuqoqosho lwethu inzima injalo kwaye ayiqali ngoku. Kudala yaqala. (Translation of isiXhosa paragraph follows.)
[South Africa was compelled to fork out a whopping R30 million to clean up that damage. Deputy Speaker, the situation of these ships affects our economy and it dates back from time immemorial.]
In 1983 the Castillo de Bellver, carrying about 252 000 tons of light crude oil, caught fire about 70 miles northwest of Cape Town. This ship drifted offshore and broke in two and sank 24 miles off the coast. This remains the second biggest tanker oil spills in the history of pollution from a tanker vessel.
In 2000 another bulk carrier, the Treasure, also sank in heavy seas off Cape Town, spilling at least 200 tons of heavy fuel oil. The incident severely affected two large breeding grounds of African penguins on Robben and Dassen Islands and resulted in the evacuation of 21 000 birds.
Ithini ke impendulo yethu? Ndiyakuxelela! [What is our solution to this? That is a story for another day!]
The 1967 oil spill from the Torrey Canyon, which ran aground near the Scilly Isles, Italy, exposed a number of serious shortcomings, in particular the absence of an international regime on liability and compensation in the event of oil spills from tankers. That incident led the International Maritime Organization to establish a legal framework for compensation for victims of oil pollution from tankers. This framework was called the International Convention on Civil Liability for Oil Pollution Damage and was adopted in 1969.
In 1971 an International Convention on the Establishment of an International Fund for Compensation for Oil Pollution, the 1971 Fund Convention, was adopted in order to provide a mechanism for raising funds for the Civil Liability Convention. These conventions were for compensation for damage caused by oil spills from laden tankers, which are the tankers carrying oil as cargo. Both conventions were amended by the 1992 protocols, that is the 1992 CLC and the 1992 Fund Protocol, respectively.
The amendments were effected in order to increase the amounts of compensation payable to claimants. This is due to the fact that the 1969 convention had a limit of R180 million, which has become too little to cater for today’s risks. Because of the South African geographic location, there are many VLCCs passing by the coastline, and the 1969 limit of R180 million proved to be minimal and could barely cover oil spills from those tankers.
Our government has acceded to the amended convention, which is the 1992 protocol, in order to gain access to the higher insurance fund in cases of incidents. This amounts to R2,5 billion per incident. The Merchant Shipping (Civil Liability Convention) Bill, which is the CLC Bill, is meant to get South Africa to participate in the benefits of the higher insurance.
One is going to ask: Why did it take so long to get these Bills in place? The answer lies in the historical context. South Africa was kicked out of the international multilateral organisations and, as such, could only apply a range of laws modelled on the international instruments, but not the actual instruments. This has invariably led to a concoction of Acts that we have to be careful does not present a conflict of what are we trying to do now. This specifically affects all laws linked to international obligations.
What we are undertaking is for the government risk to be properly managed, and to ensure that all these incidents that have nothing to do with our economy do not end up costing this economy and thus directing resources away from well-deserving causes. The ANC supports the Bill. [Applause.]
TONA YA DIPALANGWA: Motlatsammusakgotla, jaaka ke ne ke tlhagisitse gore ngwaga ono, go ya ka Lefapha la Dipalangwa, ke ngwaga wa go tsamaisa dithoto ka metsi, le gore re rometse baithuti ba le 30 kwa Sweden go ya go ithuta ka tsa Molao wa Lewatle, poloko ya tikologo le go aga dikepe.
Ke batla go tlhagisa gape gore Moporesitente Zuma o tlhamile ANC e e lebaneng le ekonomi e e tlisang kgwebo ya tsa lewatle e bile e tlhama ditiro go lwantsha botlhoka tiro le go fedisa lehuma. Batho ba rona ba tshwanetse go itse gore lewatle le rwele eng, kago ya dikepe le lefelo la go tsamaisa dithoto ka metsi. Dikepe tse re buang ka tsona gompieno ke dikepe tsa mafelo a kwa ntle, e seng tsa batho ba Aforika Borwa.
Ke batla go tlhagisa gape gore mo ngwageng ono ... (Translation of Setswana paragraphs follows.)
[The MINISTER OF TRANSPORT: Deputy Speaker, as I have indicated, this year, according to the Department of Transport, is the year to transport goods on sea, and we have sent 30 students to Sweden to learn about marine law, environmental conservation and ship design.
I would also like to indicate that President Zuma, who leads the ANC, has sound economic policies that promote marine business, create jobs to fight unemployment and eradicate poverty. Our people need to know what is being transported on the sea, how ships are designed and what harbours is like - where goods are transported. The ships that we are talking about today are importing products which are not manufactured by South Africans.
I would also like to indicate that this year ...]
... the South African Maritime Safety Authority, Samsa, bid to host the regional co-ordination centre under the Western Indian Ocean Marine Highway Project. As the Department of Transport we are obliged to support Samsa to make this project a reality. Samsa wants to host the centre at the Maritime Rescue Co-ordination Centre, which is paid for by the Department of Transport. Therefore, we need to look for additional resources, and I believe that the department will get the support of the portfolio committee to make this centre a success.
At the same time, I’ve taken note of the issues raised by the chairperson of the portfolio committee. I want to say to you, Chair, that it is not the intention of the Department or the Ministry of Transport to undermine the portfolio committee. I want to say to you today that we are addressing the challenges that you came to raise with me.
I would also like to convey my appreciation for the effort that the portfolio committee made to send a multiparty committee to meet with me to raise the particular challenges that you experienced in the process of dealing with these pieces of legislation. We will not undermine the role and task of Parliament and we want to work together with you. But, I also would like to say to hon Krumbock that it is... [Time expired.] [Applause.]
Debate concluded.
Bill read a second time.
CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF SOUTHERN AFRICAN DEVELOPMENT COMMUNITY (SADC) PROTOCOL ON TRADE IN SERVICES IN TERMS OF SECTION 231(2) OF THE CONSTITUTION
Ms J L FUBBS: Hon Deputy Speaker, thank you for the opportunity to share with our hon colleagues the importance of this, the Southern African Development Community, SADC, services protocol, which is why we need to support it. I am pleased to say and to share with the House that the members of a multiparty committee all supported this. So, thank you very much for the efforts. The SADC Protocol on Trade in Services is indeed a significant step in this quest to pursue and strengthen regional integration.
This dream of regional integration did not begin with Rhodes’s Cape to Cairo. Rather, it was envisaged centuries before, as evidenced through the Mapungubwe empire, which led to the Kingdom of Zimbabwe of Africa and Kwame Nkrumah’s vision of Pan-Africanism. Today, under the leadership of the ANC, President Zuma and Minister Robert Davies, this vision is being translated into reality. Yes, the integration of the African continent is underpinned by the SADC services protocol, which directly promotes regional integration.
South Africa’s commitment to intra-African trade and the Industrial Policy Action Plan, which informs our Strategic Trade Policy, will grow a developmental, regional economy through the co-operation between the various economies and countries. You may ask what the point, or the objectives, of this services protocol is. We should never forget that mining, manufacturing, no matter what you are doing in the productive area, require services to be put together, as it were. In this regard, a little example is communications. We need communications.
Other services would be transport, IT and financial services, to name just a few. There is no trade without financial services. There are many other things. Services also include the tourism sector and, of course, the agricultural sector.
Analysts have actually said that strategic trade, not aid, contributes to sustainable development and the elimination of poverty. Analysts have said freer and greater trade between African countries will stimulate local economic growth and create jobs by attracting more domestic and foreign investment and by cutting a reliance on expensive exported goods. Let’s build our local economy and, in that way, we may just cut our current account deficit.
South Africa has a well-developed services sector, possibly the most developed in Africa. However, the need to further develop the sector has become, without a doubt, more prominent in the last 10 years, particularly because the country, faced with the challenges of unemployment and a lack of skills, took the decision to promote this, together with manufacturing.
The services protocol is a tool representing deeper integration within the SADC, from which South Africa will directly benefit through increased availability of competition, quality services and enhanced economic activity.
There is another issue that we should not ignore. When you are looking at the current account deficit itself, you may ask yourself why we are talking about the current account when it is supposed to be the SADC services protocol. It is because there is a relationship between that and trade. It is a very significant one - the region’s economic development.
In its broadest sense, for those of us who may not know clearly what that is, it is the broadest measure of the country’s trade in goods and services. Unfortunately, we do know that it widened. The question becomes why it widened. Did it widen because manufacturing dropped? No, manufacturing went up. So, why did it drop?
One of the reasons for this is a very simple one. The Americans play around with the money. First of all they said, let’s have great quantitative easing, and through it open and lower interest rates. All the money went out and came to emerging economies. Of course, when they wanted to bring it back, they just sort of tapered the whole thing off, slowed it down, so that the money started coming back to the United States. Notwithstanding that, our manufacturing was increasing and our whole economic environment was becoming attractive. We cannot ignore the quantitative policies practised by other countries. We have to take them into account. [Interjections.]
Mr I M OLLIS: Chairperson.
The HOUSE CHAIRPERSON (Mrs F Hajaig): Yes?
Mr I M OLLIS: Chairperson, would you ask the hon Fubbs whether she would take a question.
The HOUSE CHAIRPERSON (Mrs F Hajaig): Hon Fubbs, will you take a question?
Ms J L FUBBS: I do see a lot of the hon Hill-Lewis and I will answer his questions in committee. Right now ... [Interjections.]
Mr I M OLLIS: Chairperson, my name is actually hon Ollis. Hon Hill-Lewis is sitting over there.
The HOUSE CHAIRPERSON (Mrs F Hajaig): Right, well, whoever spoke. I can’t see with my left eye. [Laughter.]
Ms J L FUBBS: House Chair, I want to get to the objectives and spell them out a little bit more clearly. Right, we said ... [Interjections.] All right, speak up and tell me!
Enhanced economic diversification and investment in the service economies of the region liberalise the intraregional trade in services on the basis of mutual benefit, eliminate substantially all the discrimination in services trade between the countries and create a single, large market for trade in services.
No single country in Africa on its own is any match for India, China and the United States, but together, we are a formidable economy with which to deal. That is why we are saying we want to do this. We have heard that the hon Bheki Radebe will be dealing in depth with the trade and, of course, the hon Gcwabaza with the economic development. We do deserve the right to regulate and to introduce new regulations for the benefit of South Africans as well as other Africans.
The other issue is about some of the obligations, broadly speaking. What benefit will this give to SADC countries, apart from what I have said? They will also get better treatment during this process, something called “the most favoured nation”. There will also be a broad agreement, through our co-operative engagement, on how this comes about. There will be mutual recognition of each country’s licences, qualifications and regulations and there will be a reduction in red tape. Member states will be able to retain the right to regulate the entry, stay, work and labour conditions of people. But, what we need to ...
The HOUSE CHAIRPERSON (Mrs F Hajaig): Could members on this side of the House please lower their voices?
Ms J L FUBBS: What I would like to point out is that the services liberalisation, contrary to what it may appear to be, is a key step in the deeper integration of the SADC itself.
One of two final points I wish to make is that our own companies are companies in which members on my left have a great interest. Indeed, we welcome the private sector’s development and growth and their participation in deepening their relationship with the SADC, remembering that efficient services trade can support industrial and infrastructure development. As we know, we have identified infrastructure development as a major means and instrument through which we can create an enabling environment for jobs.
I want to say to the House and the people of South Africa very clearly that the ANC government supports this protocol, but it also knows that many other parties in this House also support it, as do all South Africans who want a prosperous future. Aluta! [Time expired.]
HON MEMBERS: Continua! [Applause.]
Dr W G JAMES: Hon members and hon Chair, I speak on behalf of the DA in support of the Protocol on Trade in Services. Hon Fubbs is quite correct. To get a grip on the implications of this, however, we need to learn from the ongoing debate and negotiations at present going on in Geneva to develop a Trade in Services Agreement, otherwise known by its acronym, Tisa.
As of September 2013, 50 participating nations, representing 70% of the world’s trade in services, will develop new sets of protocols. The benefits of such a protocol is, firstly, to establish new market access commitments and universal rules that reflect 20th century trade as a result of technological advances, changing business practices and deeper global integration.
Secondly, the protocol has the potential to create conducive trading conditions and to challenge barriers to increase trade in the service sector, such as the limited movements of data across borders, unfair competition from state-owned enterprises, lack of transparency and the need for due process of law and forced local ownership, as in the case of Zimbabwe, for example, and discrimination in obtaining business licences and permits.
For the Southern African Development Community, SADC, to adopt such guidelines could also result in greater regional integration and increased competitiveness globally. However, such protocols are not without risks, especially for developing countries. Let me say that the protocol is intended to be a broad and comprehensive agreement with no service sectors excluded from the very outset. Potentially, therefore, all service sectors could be covered, including public services such as health care and education.
Education remains one of the least covered sectors because of legitimate concerns that trade liberalisation can constrain - I repeat - trade liberation can constrain the ability of governments to effectively provide and regulate quality education, even though private sector lobby groups and several countries have been pressing for further and deeper commitments.
Given the fact that most education systems do in fact contain a mixture of not-for-profit and commercial, public and private provisions, it is unlikely that the education sector in most countries would be excluded from the protocol. Including educational services in any trade agreement raises significant concerns. Let me just mention two of them. Firstly, trade rules are legally binding and can have the effect of locking in and intensifying pressures of commercialisation and privatisation. For instance, rules around market access can limit the ability of countries that make commitments on education services to limit the entry and regulate the operations of private and for-profit schools and institutions.
Protocols such as these are aimed at ensuring competitive neutrality or a level playing field between the public and private providers, meaning governments could not treat public schools more favourably. It is really quite a fundamental point.
Secondly, commercialisation of education potentially endangers its quality. Trade agreements can also adversely affect the ability of authorities to ensure the quality of education provided. Let me end by saying that at the same time private sector providers must be fully supported in the regulatory frameworks and incentivised to expand where the protocol runs into effect. Let me give you a local example. English, as a foreign language, has become a real industry in South Africa. There has been a phenomenal increase in students from francophone and lusophone African countries, as well as from Brazil and, increasingly, also from China.
We have 40 English as a foreign language, EFL, institutions in South Africa today. China normally sends its students to Australia and Brazil, but is now looking to South Africa. Brazil and Argentina are increasingly sending students to South Africa. But the schools that we have require SA Qualifications Authority, Saqa, recognition. They require value-added tax, VAT, exemption and ease of travel, which has to do with visas.
When we become a signatory to this protocol, Ministers Blade Nzimande, Pravin Gordhan and Naledi Pandor have to make the necessary reforms to give direct support to private education provision in order to comply with the requirements of the new protocol. Thank you very much. [Applause.]
Mr G B D MCINTOSH: Madam Chair, this protocol is very important for us. We are ratifying it, although our President did not sign it, because on 18 August he, quite rightly, left the SADC summit to rush back to be present at the tragedy that had happened at Marikana.
There are three originals of this document and they are all authentic – one in English, one in French and one in Portuguese. What I am interested in is how many people in the Department of Trade and Industry are fluent in French and in Portuguese. I’m sure there are quite a lot in the Department of International Relations and Co-operation, Dirco.
Clause 66 of the state law advisers’ summary says the protocol will have a major political significance, and hon Fubbs has referred to that. That is why the state law advisers said that section 231(2) of the Constitution must come in here.
Customs unions - and this is not the Customs Union - trade agreements and economic interactivity often lead to political co-operation and even union. The “Zollverein” in Germany in the 19th century eventually produced a Germany that moved into the 20th century. Trading and currency agreements have moved towards what is now the European Union, which is still a work in progress.
The Southern African Customs Union, Sacu, comprising South Africa, Lesotho, Swaziland, Botswana and Namibia, is the oldest customs union in the world. Increasingly we will see a move towards a rationalisation of relationships and probably more and more political co-operation. South Africa is, in fact, in economic terms the united states of Africa. We are in economic terms and, to use an African simile, the gorilla in the African garden. This is even more so in the SADC.
The services protocol is important. Sometimes one is puzzled about what a services protocol is. It is a thing which we sometimes call, in economic terms, invisible earning. I remember reading about some countries that have a section in their gross domestic product called invisible earnings. Perhaps the best example is the City of London.
We can benefit from invisible earnings and so also could our banks, air services and computer services. An example is MultiChoice, which is hugely successful in Africa. Another one is the cellphone services. I don’t think people realise how much South Africans have done to establish the infrastructure in Africa for cellphone services.
There are other things like aircraft maintenance. Most aircraft in Africa are flown down south to Johannesburg to be serviced. Increasingly, our hospitals are being used. Many people, for example Shell in Nigeria, ask people where they want to go. It will cost you much more to fly to Paris or London, or you can fly to Johannesburg or Cape Town and get the same quality medical services. For South Africa it’s a huge benefit.
Furthermore, there is article 4, which is called the most-favoured nation treatment. Of course it has some acronym. The most-favoured nation treatment means that you get the same treatment as anybody else who signed this treaty. There are 15 countries and nine have signed it. They have to give you the same treatment as for anybody else. It means that we can compete with the French, British and Germans in terms of services and provisions. It’s a very exciting development.
I encourage South Africans who may feel a bit frustrated about the opportunities in this country not to be frustrated. The whole world is waiting for them. Hon Fubbs mentioned Cecil John Rhodes. If you go just behind this Parliament you will see his statue. There is a statue of him in the Gardens. He has his hands out, and he says: Your hinterland lies there. This gives us the opportunity ... [Time expired.] [Applause.]
Mr J H VAN DER MERWE: Deputy Chairperson, the hon member who spoke before me had a big worry about the fact that people don’t speak French and Portuguese. I want to put his mind to rest. Graham, jy moet luister! [You must listen!] I want to put his mind to rest.
“Parce-que, monsieur, je parle français”. [Because, sir, I speak French.]
In addition ...
“Eu falo tambem português.” [I also speak Portuguese. [Interjections.]
So, put your mind at rest.
Previous speakers have dealt with the technicalities and the conditions of the protocol. As far as we are concerned, the overall objective is very acceptable, namely, to promote regional integration within the SADC by creating a single market for trade in services.
There are no limitations on number, values, personal or commercial presence for provision of services, unless stipulated in specific commitments to be negotiated. The IFP supports the protocol.
Mr N E GCWABAZA: Hon Chairperson, hon Ministers, Deputy Ministers and hon members, it has taken some time for trade in services to be acknowledged as an integral part of the world economy. And, until a few decades ago, the services were regarded as invisible, nontradable and confined to domestic economies.
The increasing number of jobs, the significant contribution that services have made to the percentage of the gross domestic product, GDP, of both developing and developed countries and the growing percentage of domestic and foreign direct investment in the service sector have exposed to governments and economists the important role that services play in economic growth and development. For instance, today service companies account for no less than 50% of all foreign direct investment in the global economy.
The Southern African Development Community member states have noticed the increasing mobility of services, not only in the region, but also across the continent and therefore seek to facilitate through this protocol regional economic integration, investments and job creation. This resonates with the resolution on economic transformation ... [Interjections.]
The HOUSE CHAIRPERSON (Mrs F Hajaig): Hon Gcwabaza, could you just take your seat, please. I am requesting members in that corner over there to lower their voices. Yes, you; you are turning around to look at somebody at the back. I can actually hear what you are saying. Please carry on, hon member.
Mr N E GCWABAZA: This resonates with the resolution on economic transformation of 2007, the 52nd conference of the ANC in Polokwane and the 53rd conference in Mangaung 2012, namely that the ANC seeks integration with economies of Southern Africa, on a fair and equitable basis, and desires to build stronger economic linkages across the continent as a whole.
South Africa’s approach to the SADC Protocol on Trade in Services is also informed by the resolve to build and strengthen the regional market for the services sector, attract foreign direct investment, encourage skills transfer across the region, provide a platform for the SADC to participate in the global services economy and for our domestic and regional firms to access economies of scale. Chapter 7 of the National Development Plan makes a broad and explicit reference to the vital role that South Africa has to play in regional and continental economic growth, development and trade, including the point that Africa must take its rightful place as an important global economic player.
The SADC member states have recognised the importance of services such as transport, infrastructure, communication, energy, tourism and finance as significant economic sectors in their own right and the vital and complementary role these services play in the development and support of manufacturing and trade.
Ngakho-ke kufanele kusheshe ukwakhiwa kwengqalasizinda yemigwaqo, imizila yezitimela, ezokuxhumana, ezamandla, ezokuvakasha kanye noxhaso lwemali kosomabhizinisi futhi konke lokhu kusabalale kuwo wonke amazwe asezansi ne-Afrika kuqhubeke kusabalale nezwekazi lonke.
Futhi loku kuhweba kwamazwe asezansi ne-Afrika ngezinkonzo kufanele kukhulise osomabhizinisi nezinhlangano ezisebenza ngokubambisana ukuze abantu bakithi bazibambele ngokwabo ekuthuthukeni komnotho wezwekazi lonke. (Translation of isiZulu paragraphs follows.)
[Therefore, we must speed up the putting into place of infrastructure in respect of roads, railway lines, communication, energy and tourism, as well as providing financial support for entrepreneurs. All this must spread over all the countries in Southern Africa and across the entire continent.
This trade between countries in Southern Africa in respect of services must develop businessmen and co-operatives so that our people can develop the economy of the entire continent.]
The SADC protocol seeks to promote sustainable economic growth and development to improve the standard and quality of life of the region’s people. It is worth noting that the protocol also recognises that anticompetitive agreements, abuse of the market position, cartels, anticompetitive mergers and acquisitions constitute business conduct that is detrimental to competitive economic growth and development. Therefore, state parties are encouraged to use their respective domestic laws and co-operate with each other on issues relating to competition and enforcement of policies to combat anticompetitive business practices. South Africa stands ready to use her competition legislation to discourage and punish anticompetitive business activity.
The SADC Protocol on Trade in Services lays a firm foundation for future negotiations at the level of the SADC, Common Market for Eastern and Southern Africa, and the East African Community, EAC, Tripartite Free Trade Agreement, FTA. Therefore Chairperson, the ANC supports the SADC Protocol on Trade in Services and requests Parliament to approve it. I thank you. [Applause.].
Mr G G HILL-LEWIS: Chairperson, the DA supports this protocol and we have no objection to ratifying it today. We are taking the unprecedented step, though, of today ratifying a trade treaty which has not yet been signed by the President. Of course, the President was absolutely correct in returning immediately to South Africa on 16 August 2012 to deal with the Marikana tragedy. But, Chair, it has been 13 months since that awful day last August and the document has still not been signed. The President’s Office and the SADC Secretariat have been unable to get together in the past 13 months for even five minutes just to sign this document. This has caused unnecessary delays regarding a crucial document.
We are sure that what we are doing here today is legal and so we are proceeding with ratification, but we must ask why it took so long to negotiate, finalise and ratify such an important and obviously beneficial agreement for South Africa and for job creation in industry in this country.
South African professionals, Chairperson, are by far the biggest providers of professional services to the rest of the continent. Our industry and our professions are best placed to take advantage of this agreement. We provide services in a wide variety of industries like financial services, energy, transport, telecommunications, agribusiness and many others. So this treaty is a very important milestone and opportunity for our country. But, Chairperson, perhaps the delay in signing the treaty that we are discussing today is somewhat indicative of the delay in the department’s African trade and customs integration vision. The vision, as previous speakers have said, is laudable, but the pace is achingly slow. We have seen little significant progress on the tripartite FTA, as African News Network, ANN7, would call it.
There are South African businesses and professionals waiting to take advantage of agreements like these to grow the industry into the continent and create jobs here at home. Services already account for 22,9% of South African employment and there are many businesses literally waiting at the border for increased access and opportunities. We must then ask why the department has made so little significant progress in the African integration vision. We need access, we need infrastructure and we need a much faster work pace than we have seen over the last few years. There are really significant opportunities, but this department needs to focus and get the job done. Thank you very much. [Applause.]
Mr B A RADEBE: Hon Chairperson, hon Ministers, Deputy Ministers and members of this august House, the ANC supports the adoption of this protocol simply because it realises the vision of the founding fathers of the Organisation of African Unity, OAU, who, 50 years ago, ensured that they came up with a plan to fight colonialism and remove apartheid from the African continent.
When the last outpost of colonialism was uprooted in 1994 with the creation of a free South African state, the mission of the OAU was achieved. The leadership of the organisation had to change focus from liberation to economic integration. That is why ...
... iSithwalandwe, uTata Madiba ... [... isithwalandwe, Tata Madiba ...]
... at a heads of state and government meeting in Tunis in 1995 said that Africa was entering a new era of renaissance, where economic and political integration would drive economic development of the continent.
The basis was then laid for this organisation to be changed to the African Union, AU. This was done in 2002. The AU then adopted a very bold vision, which very simply seeks to promote an integrated, prosperous and peaceful Africa, driven by its own citizens and representing a dynamic force in the global arena. Everybody knows that if we stand together, we are strong, but if we are divided, we are weak.
What was very important about the AU is that it said that regional or continental integration would be based on the integration of the regional economic communities, RECs. That is why the first tripartite agreement was agreed upon, where the SADC, the Common Market for Eastern and Southern Africa, Comesa, and the East African Community, EAC, came together. This tripartite area represents more than 600 million citizens and has a combined GDP of US$1 trillion. The principle of the tripartite free-trade area is that the RECs will be the building blocks. In our case, the SADC will be our springboard in harmonising the AU programmes.
The AU decided on three pillars for harmonisation: firstly, market integration; secondly, infrastructure development; and lastly, industrial development. To strengthen these pillars, the AU decided on joint planning and implementation of infrastructure programmes, which comprise roads, rail, information and communications technology, ICT, energy, and freedom of movement of the businesspeople within the free-trade area.
The protocol we are adopting today will try to fulfil the obligation of the SADC in harmonising its policies within the AU. In this protocol, there are six priority sectors which have been identified, that is, communication, construction, energy, finance, transport and tourism. The protocol will enhance the diversification and investment in the economies of the SADC. For example, the Grand Inga Dam project will pull together the resources of the region to build the biggest hydroelectric power station in Africa, with the capacity of producing 39 000 MW, which will translate to about 250 TWh per annum. This project will connect the electricity grids of the following countries: the DRC, Namibia, Angola, Botswana and South Africa. When the project is completed in 2020, it will have the productive capacity of 1 000 TWh, which will be 20% of the energy needs of Africa at that time.
There are multinational funding institutions which have lined up to have a stake in this US$80 billion project. These funding institutions include the African Development Bank, World Bank and European Investment Bank. So, with South Africa being an advanced economy in the financial sector, such projects are going to provide a very good opportunity for our businesspeople and our companies to spread out into the continent.
With Eskom involved in the Inga Dam project, it means that it will be able to sell its services to other SADC countries and help to create a single market in the trade of electricity services. This protocol provides for Eskom to benefit from the article on national treatment which is in this protocol. National treatments provide for any company within the member states operating in another state to be treated like a company of the area that it comes from. It means that when Eskom is providing electricity to Botswana, it will be treated as if it is a Botswana company. That is the critical aspect.
What is also very important is that the member states of the SADC will grant each other most favoured nation status, which entails treatment which is not less favourable than what it accords to other suppliers of services to the member states.
The HOUSE CHAIRPERSON (Mr M B Skosana): Order, hon members! Order! Please, lower the volume of your conversations.
Mr B A RADEBE: This article is very important in order to avert the failures like the past interim agreements which were entered into by various countries within SADC with the European Union. So, with the most favoured nation status, it means that before the country which has subscribed to the protocol can enter into an agreement with another country, it must consult the other countries. It cannot do that unilaterally. It shows that the issue of the African agenda is being deepened in that regard.
The articles of this protocol will promote inter-trade between SADC member states. The movement of business people within the region will be enhanced. How will this happen? There will be mutual recognition of the trading licences from the countries of origin. What is also very important is that the qualifications from the various countries will be recognised. Once that happens, it means that the issue of integration will have been enhanced. It means that the vision of the founding fathers and mothers of the African Union and the OAU is being realised. That is why I appeal that each and every member supports this protocol. Thank you. [Applause.]
The HOUSE CHAIRPERSON (Mr M B Skosana): Please, hon members, can you lower your voices.
The MINISTER OF TRADE AND INDUSTRY: Chairperson ...
Em primeiro lugar, queria informar o sr McIntosh que tal como o sr Van der Merwe, eu posso falar português. [Firstly, I would like to inform Mr McIntosh that, just like Mr Van der Merwe, I can speak Portuguese.] [Interjections.] [Applause.]
I want to thank the hon members for the support of this protocol, and then just make a few comments on some of the points that have been made.
Mr J H VAN DER MERWE: Chairperson, I just want to say that ...
... o sr Andries Nel tambem fala português. [Mr Andries Nel also speaks Portuguese.]
The MINISTER OF TRADE AND INDUSTRY: Aah, há muitos, não? [Aah, there are many, not so?]
The HOUSE CHAIRPERSON (Mr M B Skosana): That is not a point of order.
The DEPUTY MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT: Isso não é verdade. [That is not true.]
The HOUSE CHAIRPERSON (Mr M B Skosana): That is another no point of order. [Laughter.]
The MINISTER OF TRADE AND INDUSTRY: Mais je ne parle pas français. [But I do not speak French.]
I want to answer a few points that have been raised by the hon members. Firstly, hon Hill-Lewis, once sufficient heads of state have signed the protocol, the operation to make it come into force is ratification, not more signatures. We are actually one of the first countries in the queue to ratify this protocol. So, we are moving faster than our peers in the region to make this come into effect. [Applause.] [Interjections.]
Secondly, let me say that it is not true that we are not giving attention to and making progress in the Tripartite Free Trade Agreement, FTA. The architecture of the negotiation has been agreed. The level of ambition has been agreed and we are in the process of delivering and receiving offers and requests in the process. The negotiation is continuing and we are giving priority attention to that.
I now come to the hon James who made some points about the potential negatives with reference to education. I think it is important to point out that this Protocol on Trade in Services Protocol actually provides for negotiation on a positive list basis. That means that nothing is liberalised unless we explicitly agree that it should be. More than that, this protocol actually identifies six priority sectors for negotiation over the next three years. These are communications, construction, energy, finance, tourism and transport. So, that is where the negotiations are going to focus – on a positive list methodology.
I should say that we do attach importance to this. South Africa’s services sector accounts for about 67% of our GDP, and our trade in services for 14,3% of our total trade. We are already quite active in the services trade in the SADC, in areas such as retail, banking, telecommunications and transport. So, we think that this protocol is important, important for our own commercial interests, but also important for regional integration.
Once this Protocol on Trade in Services has been negotiated, or the negotiation given rise to by the protocol proceed in the SADC, we will then have laid the basis for the next phase of the tripartite process. This envisages, in the next round after the negotiation of the trade in goods agreement, a trade in services agreement among the 26 members of Comesa, the East African Community and the SADC. I think that this is an important step forward in the process we are involved in.
Today I had the privilege of participating in the launch of the annual Trade and Development Report of the United Nations’ Conference on Trade and Development. This report follows two other reports this year, which I also participated in – the World Investment Report, and then earlier, the Economic Development in Africa Report. These three reports tell us something very important about our economy which we are actually trying to follow through.
Today the report told us that the state of the world economy is not such that developing countries can hope to develop and strengthen their productive sectors if they rely on trade with and exports to the developed world. The developed world is likely to remain flat in respect of its demand for goods and services from developing countries. Developing countries have to rely on the domestic and regional market as a tool for the industrial development diversification of their economies.
The second, the World Investment Report, told us that this matter of global value chains, which has been much debated, is seeing a greater blurring of the distinction between goods and services production. The issue for developing countries is not whether one is integrated or not in global value chains, but where one is integrated. For Africa and South Africa to be an exporter of primary products and an importer of finished goods is not the place we need to be located. We need to move up those value chains and become much more significant producers of manufactured goods and the services that go along with that.
The Economic Development in Africa Report said that Africa needs to pursue regional integration, particularly across our regional economic communities so that we can overcome the disadvantage created by colonialism, which divided us into 54 countries, each of which has got too small a market for its own domestic industrialisation. We have to come together; we have to pursue regional integration.
We are supporting this protocol energetically. We are one of the frontrunners in respect of negotiating it, and the reason it took a while to negotiate had nothing to do with South Africa. It had lots to do with technical questions raised by other member states. This is something which we are trying to push forward by being in the forefront of those that are ratifying this agreement.
I want to thank everybody for this. As has already been said, this Protocol on Trade in Services will support the National Development Plan. The NDP has identified trade in services as an area that deserves more attention and states that South Africa is not exploiting the opportunities. This will give us a chance to remedy that. I thank everyone for their support. [Applause.]
Debate concluded.
Southern African Development Community (SADC) Protocol on Trade in Services approved.
CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF THE 2001 UNESCO CONVENTION ON THE PROTECTION OF UNDERWATER CULTURAL HERITAGE IN TERMS OF SECTION 231(2) OF CONSTITUTION
CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF THE 1995 UNIDROIT CONVENTION ON STOLEN OR ILLEGALLY EXPORTED CULTURAL OBJECTS IN TERMS OF SECTION 231(2) OF CONSTITUTION
CONSIDERATION OF REQUEST FOR APPROVAL BY PARLIAMENT OF THE 1999 SECOND PROTOCOL TO THE 1954 THE HAGUE CONVENTION FOR THE PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT IN TERMS OF SECTION 231(2) OF CONSTITUTION
Ms T B SUNDUZA: Chairperson, I hereby appeal that the Members of Parliament adopt these three conventions. The Convention on the Protection of Underwater Cultural Heritage provides a blanket protection of all wrecks, being vessel or aircraft or any part thereof that was wrecked in South Africa, whether on land, in the internal waters or territorial waters, is older than 60 years and which the South African Heritage Resources Agency, Sahra, considers to be worthy of conservation.
Since the 15th century, South African seawaters have been the site of numerous shipwrecks. So, I would like to appeal to Members of Parliament to adopt this convention as it is very important to protect our underwater cultural heritage.
Secondly, I would like us to further adopt the Unidroit Convention on Stolen or Illegally Exported Cultural Objects. This convention focuses on the recovery phase of stolen or illegally exported cultural objects, and set uniform rules and conditions for restitution claims on stolen objects as well as return claims on illegally exported cultural objects.
The 1970 United Nations Educational, Scientific and Cultural Organization, Unesco, Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property requires cultural objects to have been designated by the state requesting return. This is critical, because it allows for cultural objects from private homes, traditional communities and private collections that are not yet registered or designated by the state to be claimed back. However, this does not mean that the state parties should not take the inventoring of cultural objects seriously, as it is very difficult to claim successfully cultural objects that have not been inventoried. This is also covered under a section of the National Heritage Resources Act.
Thirdly, I would like to appeal, once again, to Parliament to adopt the Second Protocol to the 1954 The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. I think it becomes very important when there is armed conflict throughout the world to protect cultural property. The protocol is designed to improve the application and effectiveness of the convention. It applies to situations of international and noninternational armed conflict and aims to improve the protection of cultural property in the event of armed conflict. It establishes and enhances systems for the protection of designated cultural property.
State parties are required to put in place practical measures in peacetime to safeguard cultural property. These include the development of inventories and planning for emergency measures for protecting cultural property. Hon members will remember what happened recently in Mali, where the Timbuktu library was burnt. Some of the most important African renaissance products were burnt and some were stolen in the armed conflict. So, it becomes very important to pass this convention.
Advantages for South Africa includes that the country will be party to the sharing of international expertise and best practice on the protection of cultural property. The protocol establishes an intergovernmental committee that supervises its implementation. It also establishes an international fund. State parties can apply for financial or other assistance from this fund for the purposes of putting in place practical measures in peacetime to safeguard cultural property.
South Africa already has a policy and legislative framework that addresses issues of stolen or illegally removed cultural property through the National Heritage Resources Act. Legislation will have to be amended to address critical issues that are not currently covered, such as the strict regulation of the location of cultural property in relation to military objectives. I would like to appeal to Members of Parliament to adopt these three conventions. Thank you, Chairperson. [Applause.]
There was no debate.
The 2001 Unesco Convention on the Protection of Underwater Cultural Heritage approved.
The 1995 Unidroit Convention on Stolen or Illegally Exported Cultural Objects approved.
The 1999 Second Protocol to the 1954 The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict approved.
REQUEST FOR LEAVE TO MOVE MOTION
(Announcement)
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon members, before we move to the seventh order, the Chief Whip of the Majority Party has requested an opportunity to move a motion. I understand the parties have been consulted about the matter. I now grant him the opportunity to do so.
PROTECTION OF STATE INFORMATION BILL REFERRED BACK TO NATIONAL ASSEMBLY
(Draft Resolution)
The CHIEF WHIP OF THE MAJORITY PARTY: Hon House Chair, I move without notice:
That the House -
(1) notes that a letter has been received from the President of the Republic informing the National Assembly that he has reservations about the constitutionality of the Protection of State Information Bill [B 6D – 2010];
(2) further notes that the President is referring the Bill back to the National Assembly for reconsideration in terms of section 79(1) of the Constitution, 1996;
(3) establishes an ad hoc committee to consider and report on the President’s reservations and the Bill in terms of Joint Rule 203, the committee to –
a) consist of 12 members as follows: ANC 7; DA 2; Cope 1; IFP 1 and other parties 1;
b) exercise those powers in Rule 138 that may assist it in carrying out its task; and
c) take into account the proceedings and all the work of the previous ad hoc committee established to consider the Bill; and
(4) sets the deadline by which the committee must report at 31 October 2013.
Agreed to.
The HOUSE CHAIRPERSON (Mr M B Skosana): Hon members, the Protection of State Information Bill [B 6D – 2010] and the President’s reservations thereon are therefore referred to the Ad Hoc Committee on the Protection of State Information Bill for consideration and report in terms of Joint Rule 203.
CHILDREN’S AMENDMENT BILL
(Consideration of Report)
Mrs Y R BOTHA: Chairperson, the Portfolio Committee on Social Development considered the Children’s Amendment Bill, which is a private member’s Bill. It was tabled and referred to the committee on 13 March 2013.
The committee met with the sponsor of the Bill, hon Mike Waters, on 18 June 2013 in order to receive a briefing on the Bill. The Bill seeks to amend the Children’s Act of 2005 in order to provide for a person convicted of attempted rape to be found unsuitable to work with children and to provide for matters connected therewith.
The proposed amendment has the insertion of attempted rape in sections 120(4) and (5) of the Act to provide for the person who has been convicted of attempted rape to be found unsuitable to work with children.
Hon Waters explained to us that part B of the Child Protection Register that is stipulated in the Act was introduced to protect children from people who have been found unsuitable to work with them. At present, the Act determines that such people include those convicted of murder, attempted murder, rape, indecent assault or assault with the intent to do grievous bodily harm with regard to a child.
On 13 August 2013 the committee received a briefing from the Department of Social Development and the Department of Justice and Constitutional Development, responding to the proposed amendments in respect of the committee decision.
The Department of Social Development also briefed us on some legislative and operational implementation challenges regarding the Act. These include the implementation of the adoption policy, the National Child Protection Register, the foster care system, human resources and funding of early child development programmes. In order to address these challenges, the department initiated a process of reviewing this Act since 2011.
With regard to section 120(4) and (5) of the Children’s Act, the department acknowledged that there has been challenges pertaining to the interpretation of the term “unsuitability” and that this has impacted on the implementation of the section. Currently, the court may convict an offender in terms of an offence mentioned in section 120, but another legal process has to be followed to make the finding of unsuitability to work with children. This has been quite a challenge for the Department of Social Development.
Therefore, instead of having a separate process, they are proposing in one of the 43 amendments that a person must be deemed to be found unsuitable to work with children when they are found guilty of a crime against a child. Furthermore, section 120 does not provide for the attempted sexual offences that are stated in section 55 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007. The amendment proposes that a person convicted of an attempted sexual offence against the child be included in the section. That is obviously the amendment that comes from the department.
Having heard these two presentations and also the presentations from hon Waters, the committee decided to reject the motion of desirability of the Bill and to rather go for a holistic approach on the amendments as proposed by the Department of Justice and Constitutional Development, as well as the Department of Social Development. This process has already proceeded quite far; it is already at Cabinet level in respect of the amendments. Thank you. [Applause.]
There was no debate.
The CHIEF WHIP OF THE MAJORITY PARTY: Chairperson, I move:
That the Report be adopted.
Declarations of vote:
Mr M WATERS: Chairperson, the ANC is defending the indefensible here. The only reason the ANC rejected the Bill is because it was proposed by a member of the opposition. We all know that the ANC has taken a decision to reject every single Bill proposed by opposition MPs, irrespective of what they say. [Interjections.]
Rejecting this very minor amending Bill sends a signal to the people of South Africa that this Parliament under the ANC-led government cares more about protecting itself than the protection of vulnerable children. [Interjections.]
The HOUSE CHAIRPERSON (Mr M B Skosana): Order, hon members!
Mr M WATERS: At the behest of the ANC, every person convicted of an attempted rape in our courts can continue working with children. I pray that none of them succeed in what they failed to do the first time around. It is as indefensible as it is inconceivable to the parents of this country that their government has concocted a way to delay the protection of their children from convicted criminals just so that the government can glorify themselves by taking the credit for introducing this exact amendment in their name at a later date.
A comprehensive overhaul of the current Children’s Act will take months, if not a year or more, to be tabled in Parliament, and the hon Botha knows this. The department has yet to even start the consultation process with the public. There is absolutely no reason why we cannot protect our children from the hands of convicted criminals as of today. There is no morally defensible reason why the children of South Africa must remain exposed and vulnerable in this way while the government sets aside another waste of time reviewing the Act.
ANC members of this House, know that your party has placed party politicking above the people of this country. Know that your your party has made you complicit in exposing South Africa’s children to the potentially harmful hands of the individuals who have tried to rape them. Chair, a vote to reject this minor, but vital amendment to the Children’s Act is a vote of shame by the ANC. [Interjections.]
I ask the House to muster all the sincerity it has within it and uphold the interests of the people who want this protection to begin now. I ask the House to vote against the recommendations of this report and have the Bill sent back to the committee for reconsideration. I thank you. [Applause.]
Mrs B C DIEMU: Chair, Cope recognises that sexual violence perpetrated on children is increasing. Every time we hear and read about missing children, we pray that our children will be found safe and sound. Sometimes - in most cases - this does not happen. We also recognise that the amending Bill seeks to provide a deterrent to these gruesome acts.
Cope supports the report for the following reasons: The purpose of the National Register of Sex Offenders is to record names of those found guilty of sexual offences against children. Chapter 2 of the Constitution, the Bill of Rights, section 35(3) states that every accused person has the right to be presumed innocent until proven otherwise.
Mhlalingaphambili, ukuhlonyelwa kwalo Mthetho kuza kuncedisa ukuba xa umntu edlwengule, waxhaphaza waze wabulala, asiwe emthethweni, abanjwe, agwetywe emva koko afakwe kuluhlu lwabadlwenguli. Loo nto iya kumenza ukuba abenebala eluntwini. Enkosi. [Kwaqhwatywa.] (Translation of isiXhosa paragraph follows.)
[Chairperson, the amending Bill will assist in recording names of sex offenders in the National Register of Sex Offenders if a person has been found guilty of rape, child abuse and murder. That will leave him with a stigma in the community. Thank you. [Applause.]]
Ms H N MAKHUBA: Chairperson, I speak on behalf of the Inkatha Freedom Party. We support the report tabled by the chairperson of the portfolio committee, taking into consideration the briefings by the Department of Social Development and the Department of Justice and Constitutional Development.
We agree that the committee should not proceed with the proposed legislation, but await the amending Bill to be introduced by the department. That amending Bill will contain other amendments that will be addressing certain implementation and legislative challenges of the Act. I thank you. [Applause.]
Mrs V M MAFOLO: Deputy Speaker, the ANC supports the committee report because the briefing received by the Departments of Social Development and of Justice and Constitutional Development envisage a more comprehensive amendment process of the Children’s Act that already started in 2011. This process has been completed and is now before the Cabinet. This will ensure that all aspects with regard to adoption, unsuitability to work with children and many more will be included to bring the Act in line with the Criminal Law (Sexual Offences and Related Matters) Amendment Act, Act 32 of 2007.
Amendments are being proposed. Does it not make better sense to follow a holistic approach instead of a piecemeal one? Thank you. [Applause.]
The DEPUTY SPEAKER: Are there any objections to the motion that the report be adopted?
HON MEMBERS: Yes!
HON MEMBERS: No!
Mr M WATERS: Deputy Speaker, I have an amendment, if I may move it. May I continue?
The DEPUTY SPEAKER: Yes.
Mr M WATERS: I move:
That the House omits the word “adopted” and substitutes the words “referred back to the Portfolio Committee on Social Development for reconsideration”.
Thank you.
The DEPUTY SPEAKER: Are there any objections to the amended motion?
HON MEMBERS: Yes!
HON MEMBERS: No!
The DEPUTY SPEAKER: Those in favour will say, Aye.
HON MEMBERS: Aye!
The DEPUTY SPEAKER: Those against will say, No.
HON MEMBERS: No!
The DEPUTY SPEAKER: I still hear noes. [Interjections.] No, no, no, I still hear noes. [Interjections.]
The CHIEF WHIP OF THE OPPOSITION: Madam Deputy Speaker, may I address you? It was not very clear whether you called for the “ayes” and the “nays” on the amendment or on the report. I put it here that we have to attend to the amendment first.
The DEPUTY SPEAKER: No, I put it on the amended motion that was raised by hon Waters. I did; yes, I did. [Interjections.] No, no, no, maybe you were not listening. [Interjections.] Please don’t howl at the Chair. You do not want the Chair to get angry. What is it that I am supposed to be doing? [Interjections.] Do you want me to repeat it?
The CHIEF WHIP OF THE OPPOSITION: Yes.
The DEPUTY SPEAKER: I now put the motion. Hon Waters has put his amendment. Are there any objections to the amended motion by hon Waters?
HON MEMBERS: Yes!
HON MEMBERS: No!
The DEPUTY SPEAKER: As there are yes and no, those in favour will say, Aye.
HON MEMBERS: Aye!
The DEPUTY SPEAKER: Those against will say, No.
HON MEMBERS: No!
The DEPUTY SPEAKER: There is a big voice saying, No.
Mr S B FARROW: Madam Deputy Speaker, under the circumstances, we would like to call for a division. Thank you.
The House divided.
AYES – 47:Bhanga, B M; Bosman, L L; Coetzee, T W; Dreyer, A M; Eloff, E H; Esau, S; Farrow, S B; Gcwabaza, N E; Hill-Lewis, G G; James, W G; Kganare, D A; Kloppers-Lourens, J C; Kohler-Barnard, D; Kopane, S P; Krumbock, G R; Lamoela, H; Lorimer, J R B; Lotriet, A; Marais, S J F; Maynier, D J; Mazibuko, L D; Mbhele, P D; McGluwa, J J; Mileham, K J; Mokgalapa, S; More, E; Mosimane, C K K; Motau, S C; Ollis, I M; Sayedali-Shah, M R; Schäfer, D A; Schmidt, H C; Selfe, J; Skosana, J J; Smuts, M; Steenhuisen, J H; Steyn, A C; Steyn, A; Swart, M; Swathe, M M; Terblanche, J F; Van den Berg, N J; Van der Linde, N J; Van der Westhuizen, A P; Van Schalkwyk, H C; Waters, M; Watson, A.
NOES – 184:Abram, S; Adams, P E; Bam-Mugwanya, V; Bapela, K O; Beukman, F; Bhengu, P; Bhengu, F; Bhengu, N R; Bikani, F C; Bonhomme, T; Booi, M S; Borman, G M; Boshigo, D F; Botha, T; Botha, Y R; Burgess, C V; Cebekhulu, R S; Chikunga, S; Chili, D O; Chohan, F I; Dambuza, B N; Daniels, P N; Davies, R H; De Lange, J H; Diale, L N; Dikgacwi, M M; Dlakude, D E; Dlamini, B O; Dlomo, B J; Dubazana, Z S; Duma, N M; Dunjwa, M L; Fubbs, J L; Gasebonwe, T M A; Gaum, A H; Gelderblom, J P; Gina, N; Gololo, C L; Hajaig, F; Hanekom, D A; Huang, S - B; Jeffery, J H; Johnson, M; Kekana, C D; Kenye, T E; Khoarai, L P; Kholwane, S E; Khumalo, F E; Khunou, N P; Kilian, J D; Koornhof, N J J v R; Kubayi, M T; Landers, L T; Lekgetho, G; Lesoma, R M M; Lishivha, T E; Luyenge, Z; Mabasa, X; Mabedla, N R; Mabuza, M C; Madlala, N M; Mafolo, M V; Magagula, V V; Magubane, E; Magwanishe, G; Mahomed, F; Makhuba, H N; Makhubela-Mashele, L S; Makhubele, Z S; Malale, M l; Malgas, H H; Maluleka, H P; Maluleke, J M; Manana, N C; Mangena, M S; Martins, B A D; Mashigo, R M; Mashishi, A C; Masilo, J M; Masutha, T M; Mathale, C C; Mathibela, N F; Matlanyane, H F; Matshoba, J M; Maunye, M M; Mavunda, D W; Mayatula, S M; Maziya, A M; McIntosh, G B D; Mdaka, M N; Mdakane, M R; Mjobo, L N; Mkhulusi, N N P; Mlambo, E M; Mnisi, N A; Mocumi, P A; Mohai, S J; Mohale, M C; Mokoena, A D; Molebatsi, M A; Moloto, K A; Morutoa, M R; Moss, L N; Motimele, M S; Motsepe, R M; Msweli, H S; Mthethwa, E M; Mtshali, E; Mufamadi, T A; Mushwana, F F; Muthambi, A F; N'wamitwa-Shilubana, T L P; Nchabeleng, M E; Ndabandaba, L B G; Ndlazi, A Z; Ndude, H N; Nel, A C; Nelson, W J; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, E N N; Ngcobo, B T; Ngele, N J; Ngonyama, L S; Ngubeni-Maluleka, J P; Ngwenya, W; Ngwenya-Mabila, P C; Nhanha, M A; Nhlengethwa, D G; Njikelana, S J; Nkomo, S J; November, N T; Ntuli, Z C; Nxumalo, M D; Nyalungu, R E; Nyanda, S; Nyekemba, E; Oliphant, G G; Oliphant, M N; Oosthuizen, G C; Paulse, S; Peters, E D; Petersen-Maduna, P; Phaliso, M N; Pilane-Majake, M C C; Pilusa-Mosoane, M E; Radebe, B A; Ramatlakane, L; Schneemann, G D; Segale-Diswai, M J; Selau, G J; Sibanyoni, J B; Sibiya, D; Sindane, G S; Sithole, S C N; Sizani, P S; Skosana, M B; Snell, G T; Sogoni, E M; Sonto, M R; Sosibo, J E; Suka, L; Sulliman, E M; Sunduza, T B; Surty, M E; Thibedi, J D; Thobejane, S G; Tlake, M F; Tobias, T V; Tsebe, S R; Tseke, G K; Tshabalala, J; Tshwete, P; Tsotetsi, D R; Van der Merwe, S C; Van Der Merwe, L L; Van der Merwe, J H; van Wyk, A; Wayile, Z G; Xaba, P P; Ximbi, D L; Yengeni, L E; Zikalala, C N Z; Zulu, B Z.
Question not agreed to.
Amendment accordingly negatived.
Question put: That the motion moved by the Chief Whip of the Majority Party that the Report be adopted be agreed to.
Division demanded.
The House divided.
AYES – 187: Abram, S; Adams, P E; Bam-Mugwanya, V; Bapela, K O; Beukman, F; Bhengu, P; Bhengu, N R; Bhengu, F; Bikani, F C; Bonhomme, T; Booi, M S; Borman, G M; Boshigo, D F; Botha, T; Botha, Y R; Burgess, C V; Cebekhulu, R S; Chikunga, S; Chili, D O; Chohan, F I; Dambuza, B N; Daniels, P N; Davies, R H; De Lange, J H; Diale, L N; Dikgacwi, M M; Dlakude, D E; Dlamini, B O; Dlomo, B J; Dubazana, Z S; Duma, N M; Dunjwa, M L; Fubbs, J L; Gasebonwe, T M A; Gaum, A H; Gcume, N P; Gcwabaza, N E; Gelderblom, J P; Gina, N; Gololo, C L; Hajaig, F; Hanekom, D A; Huang, S - B; Jeffery, J H; Johnson, M; Kekana, C D; Kenye, T E; Khoarai, L P; Kholwane, S E; Khumalo, F E; Khunou, N P; Kilian, J D; Koornhof, G W; Koornhof, N J J v R; Kubayi, M T; Landers, L T; Lekgetho, G; Lesoma, R M M; Lishivha, T E; Luyenge, Z; Mabasa, X; Mabedla, N R; Mabuza, M C; Madlala, N M; Mafolo, M V; Magagula, V V; Magubane, E; Magwanishe, G; Mahomed, F; Makhuba, H N; Makhubela-Mashele, L S; Makhubele, Z S; Malale, M l; Malgas, H H; Maluleka, H P; Maluleke, J M; Manana, N C; Mangena, M S; Martins, B A D; Mashigo, R M; Mashishi, A C; Masilo, J M; Masutha, T M; Mathale, C C; Mathibela, N F; Matlanyane, H F; Matshoba, J M; Maunye, M M; Mavunda, D W; Mayatula, S M; Maziya, A M; McIntosh, G B D; Mdaka, M N; Mdakane, M R; Mjobo, L N; Mkhulusi, N N P; Mlambo, E M; Mnisi, N A; Mocumi, P A; Mohai, S J; Mohale, M C; Mokoena, A D; Molebatsi, M A; Moloto, K A; Morutoa, M R; Moss, L N; Motimele, M S; Motsepe, R M; Msweli, H S; Mthethwa, E M; Mtshali, E; Mufamadi, T A; Mushwana, F F; Muthambi, A F; N'wamitwa-Shilubana, T L P; Nchabeleng, M E; Ndabandaba, L B G; Ndlazi, A Z; Ndude, H N; Nel, A C; Nelson, W J; Newhoudt-Druchen, W S; Ngcengwane, N D; Ngcobo, E N N; Ngcobo, B T; Ngele, N J; Ngonyama, L S; Ngubeni-Maluleka, J P; Ngwenya, W; Ngwenya-Mabila, P C; Nhanha, M A; Nhlengethwa, D G; Njikelana, S J; Nkomo, S J; November, N T; Ntuli, Z C; Nxumalo, M D; Nyalungu, R E; Nyanda, S; Nyekemba, E; Oliphant, M N; Oliphant, G G; Oosthuizen, G C; Peters, E D; Petersen-Maduna, P; Phaliso, M N; Pilane-Majake, M C C; Pilusa-Mosoane, M E; Radebe, B A; Ramatlakane, L; Schneemann, G D; Segale-Diswai, M J; Selau, G J; Sibanyoni, J B; Sibiya, D; Sindane, G S; Sithole, S C N; Sizani, P S; Skosana, M B; Skosana, J J; Snell, G T; Sogoni, E M; Sonto, M R; Sosibo, J E; Suka, L; Sulliman, E M; Sunduza, T B; Surty, M E; Thibedi, J D; Thobejane, S G; Tlake, M F; Tobias, T V; Tsebe, S R; Tseke, G K; Tshabalala, J; Tshwete, P; Tsotetsi, D R; Van der Merwe, S C; Van Der Merwe, L L; Van der Merwe, J H; van Wyk, A; Wayile, Z G; Xaba, P P; Ximbi, D L; Yengeni, L E; Zikalala, C N Z; Zulu, B Z.
NOES – 48: Berend, S R; Bhanga, B M; Bosman, L L; Coetzee, T W; De Freitas, M S F; Dreyer, A M; Eloff, E H; Esau, S; Farrow, S B; Ferguson, B D; Hill-Lewis, G G; James, W G; Kloppers-Lourens, J C; Kohler-Barnard, D; Kopane, S P; Krumbock, G R; Lamoela, H; Lorimer, J R B; Lotriet, A; Marais, S J F; Maynier, D J; Mazibuko, L D; Mbhele, P D; McGluwa, J J; Mileham, K J; Mokgalapa, S; More, E; Mosimane, C K K; Motau, S C; Ollis, I M; Paulse, S; Sayedali-Shah, M R; Schäfer, D A; Schmidt, H C; Selfe, J; Smuts, M; Steenhuisen, J H; Steyn, A C; Steyn, A; Swart, M; Swathe, M M; Terblanche, J F; Van den Berg, N J; Van der Linde, N J; Van der Westhuizen, A P; Van Schalkwyk, H C; Waters, M; Watson, A.
Question agreed to.
Report accordingly adopted.
REMARK BY HON MCGLUWA NOT UNPARLIAMENTARY
(Ruling)
The DEPUTY SPEAKER: Hon members, on Tuesday, 18 July 2013, after the speech by hon J J McGluwa, hon Kubayi raised a point of order requesting that I make a ruling regarding whether a remark made by hon McGluwa during his speech was parliamentary or not. I undertook to study the Hansard and return to the House with a ruling. Having now had an opportunity to study the unrevised Hansard, I wish to rule as follows.
According to the unrevised Hansard, hon McGluwa stated:
The core function of this Parliament is about oversight; it is not about sexist members who come here and look around to see what the opposition benches are wearing.
I would like to emphasise that, where there have been instances in the past in which hon members have made sexist remarks directed at other hon members, such remarks were dealt with firmly by the Chair. Sexist remarks have always been ruled to be offensive as they detract from the dignity and decorum of this House.
Where issues have been dealt with by the Chair, it is expected that members, including you, hon McGluwa, adhere to the Rulings given and not revisit these matters, either in an explicit or implicit manner.
While the remark in this instance cannot be ruled as unparliamentary owing to its general nature, I wish to remind hon members that all members are honourable and every member should therefore act towards other hon members with the same decorum and respect that he or she expects from them.
I also want to appeal to hon members to exercise their right to freedom of speech in a considerate and responsible manner and, in doing so, to moderate their language and refrain from using expressions that detract from the dignity and decorum of this House. I thank you. [Applause.]
CONSIDERATION OF REPORT OF PORTFOLIO COMMITTEE ON SOCIAL DEVELOPMENT - 2011-12 ANNUAL REPORT OF THE CENTRAL DRUG AUTHORITY
Mrs Y R BOTHA: Hon Deputy Speaker, the Central Drug Authority, CDA, is a statutory body, as the committee report reflects. It was established in terms of the Prevention and Treatment of Drug Dependency Act, Act No 20 of 1992, as amended. It consists of 12 members and it advises the Minister of Social Development.
The overall goal of the CDA is to ensure that there is a measurable reduction in substance abuse. The consequence of this is to see a reduction in social ills like poverty, HIV/Aids, gangsterism and sex work. The outcome is therefore to ensure that there is an improved quality of life, as envisaged in the integrated National and Provincial Drug Master Plan and reports.
Let me highlight a few matters of public importance. The report covers all the major achievements of the national departments, as well as provincial departments. Of note is the high number of arrests to reduce the supply, distribution and use of illicit substances and also to address the gang problem in our communities throughout South Africa.
What we have seen in our oversight is the use of children as couriers and merchants, which is a growing concern. This phenomenon is increasing. We saw it in Eldorodo Park and we saw the flare-up of gang wars in Cape Town. The issue of gansterism should be addressed developmentally. It’s no use bringing in the army. You have to address the issue of gangsterism holistically. That is why the Eldorodo Park model is a very good model to replicate throughout the country.
In terms of the committee’s recommendations, it has been resolved that the National Drug Master Plan should be finalised, and it has been finalised; that the Eldorodo Park antisubstance outreach model should be rolled out to other drug-infested towns, and we have seen that; and we also said that the Department of Social Development, with provinces and Treasury, should ensure that we have more rehabilitation centres throughout the country. We hope that the Minister will bring us that good news in the next Budget Vote. Thank you very much. [Applause.]
There was no debate.
The CHIEF WHIP OF THE MAJORITY PARTY: Hon Deputy Speaker, I move:
That the Report be adopted.
Motion agreed to.
Report accordingly adopted.
The House adjourned at 18:01.
__________
ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS
ANNOUNCEMENTS
National Assembly
The Speaker
1. Referral to Committees of papers tabled
(1) The following papers are referred to the Portfolio Committee on Trade and Industry:
(a) Government Notice No R517, published in Government Gazette No 36684, dated 26 July 2013: Withdrawal of VC8062 “Retro-Reflective number plates for motor vehicles”, as published in Government Notice No. R445 of 3 April 1998, in Government Gazette 18779, in terms of section 13(1)(d) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
(b) Government Notice No R518, published in Government Gazette No 36684, dated 26 July 2013: Withdrawal of VC8078 “Material for contour marking on motor vehicles”, as published in Government Notice No. R1078 of 1 August 2003, in Government Gazette 25245, in terms of section 13(1)(d) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
(c) Government Notice No R519, published in Government Gazette No 36684, dated 26 July 2013: The withdrawal of the compulsory specification for firearm proofing for civilian use – VC8028, as published in Government Notice No.1624 of 3 September 1976, in Government Gazette 5278, in terms of section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
(d) General Notice No 785, published in Government Gazette No 36707, dated 2 August 2013: Mapungubwe Institute for Strategic Reflection: B-BBEE Facilitator Status in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act, 2003 (Act No 53 of 2003).
(e) Government Notice No 557, published in Government Gazette No 36724, dated 8 August 2013: Proposed withdrawal of the compulsory specification for coal-burning stoves and heaters for use in a dwelling (VC 8034), in terms of section 13(1) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
(f) Government Notice No R 552, published in Government Gazette No 36725, dated 8 August 2013: Amendment of the Compulsory Specification for non-pressure paraffin stoves and heater VC9089, in terms of section 13(1)(a) of the National Regulator for Compulsory Specifications Act, 2008 (Act No 5 of 2008).
(g) Memorandum of Understanding between the Government of the Republic of South Africa and the Government of the Republic of Ghana regarding economic and technical cooperation, tabled in terms of section 231(3) of the Constitution, 1996.
(h) Explanatory Memorandum to the Memorandum of Understanding between the Government of the Republic of South Africa and the Government of the Republic of Ghana regarding economic and technical cooperation.
(i) Memorandum of Understanding between the Government of the Republic of South Africa and the Government of the Republic of Benin regarding economic and technical cooperation, tabled in terms of section 231(3) of the Constitution, 1996.
(j) Explanatory Memorandum to the Memorandum of Understanding between the Government of the Republic of South Africa and the Government of the Republic of Benin regarding economic and technical cooperation.
(k) Memorandum of Understanding between the Government of the Republic of South Africa and the Government of the Federal Republic of Nigeria on economic and technical cooperation, tabled in terms of section 231(3) of the Constitution, 1996.
(l) Explanatory Memorandum on the Memorandum of Understanding between the Government of the Republic of South Africa and the Government of the Federal Republic of Nigeria on economic and technical cooperation.
(2) The following paper is referred to the Portfolio Committee on Science and Technology:
(a) Agreement between the Government of the Republic of South Africa and the Government of Jamaica on Scientific and Technological Co-operation, tabled in terms of section 231(3) of the Constitution, 1996.
(3) The following papers are referred to the Portfolio Committee on Justice and Constitutional Development for consideration and report. The reports of the Auditor‑General on the Financial Statements and Performance Information are referred to the Committee on Public Accounts for consideration:
(a) Report and Financial Statements of the Public Protector South Africa for 2012-13, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2012-13.
(4) The following paper is referred to the Committee on the Auditor-General for consideration and report. The report of the Independent Auditors on the Financial Statements and Performance Information is referred to the Committee on Public Accounts for consideration:
(a) Report and Financial Statements of the Office of the Auditor-General of South Africa for 2012-13, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2012-13 [RP 272-2013].
(5) The following paper is referred to the Joint Standing Committee on Defence for consideration and to the Portfolio Committee on Defence and Military Veterans:
(a) Letter from the President of the Republic, dated 15 August 2013, to the Speaker of the National Assembly, informing members of the Assembly of the employment of the South African National Defence Force for service in fulfillment of the international obligations of the Republic of South Africa towards the United Nations: Democratic Republic of Congo.
(6) The following paper is referred to the Portfolio Committee on Justice and Constitutional Development:
(a) Interim Report of the Special Investigating Unit (SIU) for April – September 2012, [RP 130-2013].
(7) The following papers are referred to the Portfolio Committee on Tourism:
(a) Agreement between the Government of the Republic of South Africa and the Government of the Republic of Seychelles on Co-operation in the field of Tourism, tabled in terms of section 231(3) of the Constitution, 1996.
(b) Explanatory Memorandum to the Agreement between the Government of the Republic of South Africa and the Government of the Republic of Seychelles on Co-operation in the field of Tourism.
(8) The following papers are referred to the Portfolio Committee on Tourism for consideration and report. The Reports of the Auditor-General on the Financial Statements and Performance Information are referred to the Committee on Public Accounts for consideration:
(a) Report and Financial Statements of Vote 35 – Department of Tourism for 2012-13, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 35 for 2012-13 [RP 205-2013].
(b) Report and Financial Statements of South African Tourism (SAT) for 2012-13, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2012-13.
(9) The following papers are referred to the Portfolio Committee on Communications for consideration and report. The Reports of the Auditor-General on the Financial Statements and Performance Information are referred to the Committee on Public Accounts for consideration:
(a) Report and Financial Statements of the Media Development and Diversity Agency (MDDA) for 2012-13, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2012-13.
(b) Report and Financial Statements of Brand South Africa for 2012-13, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2012-13 [RP 240-2013].
(10) The following paper is referred to the Standing Committee on Appropriations:
(a) Development Indicators 2012: Report of the Department of Performance Monitoring and Evaluation in The Presidency.
(11) The following papers are referred to the Standing Committee on Finance:
(a) Government Notice No R487, published in Government Gazette No 36657, dated 11 July 2013: Amendment of rules (DAR/122) in terms of sections 119A and120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(b) Government Notice No 502, published in Government Gazette No 36666, dated 19 July 2013: Borrowing powers of Water Boards listed under Schedule 3, Part B of the Act, in terms of section 66(3)(b) of the Public Finance Management Act, 1999 (Act No 1 of 1999).
(c) Government Notice No R516, published in Government Gazette No 36684, dated 26 July 2013: Amendment of Part 1 of Schedule No 2 (No 2/1/348), in terms of section 56 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(d) Government Notice No R606, published in Government Gazette No 36737, dated 16 August 2013: Amendment of Rules (DAR/124) in terms of sections 19 and 120 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(e) Government Notice No R607, published in Government Gazette No 36737, dated 16 August 2013: Amendment of Part 1C of Schedule No 6 (No 6/1C/37), in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(f) Government Notice No R608, published in Government Gazette No 36737, dated 16 August 2013: Amendment of Part 1C of Schedule No 6 (No 6/1C/38), in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(g) Government Notice No R609, published in Government Gazette No 36737, dated 16 August 2013: Amendment of Part 1 of Schedule No 1 (No 1/1/1473), in terms of section 48 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(h) Government Notice No R610, published in Government Gazette No 36737, dated 16 August 2013: Amendment of Part 1 of Schedule No 2 (No 2/1/350), in terms of section 56 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(i) Government Notice No R611, published in Government Gazette No 36737, dated 16 August 2013: Wysiging van Deel 1 van Bylae No 2 (No 2/1/349) in terme van artikel 56 van die Doeane- en Aksynswet, 1964 (Act No 91 of 1964).
(j) Government Notice No R612, published in Government Gazette No 36737, dated 16 August 2013: Amendment of Part 1 of Schedule No 3 (No 3/1/697), in terms of section 75 of the Customs and Excise Act, 1964 (Act No 91 of 1964).
(12) The following paper is referred to the Standing Committee on Finance for consideration and report. The Report of the Auditor-General on the Financial Statements and Performance Information are referred to the Committee on Public Accounts for consideration:
(a) Report and Financial Statements of the Independent Regulatory Board for Auditors for 2012-13, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2012-13 [RP 232-2013].
(13) The following papers are referred to the Portfolio Committee on Water and Environmental Affairs for consideration and report. The Reports of the Auditor-General on the Financial Statements and Performance Information are referred to the Committee on Public Accounts for consideration:
(a) Report and Financial Statements of Vote 30 – Department of Environmental Affairs for 2012-13, including the Report of the Auditor-General on the Financial Statements and Performance Information of Vote 30 for 2012-13 [RP 268-2013].
(b) Report and Financial Statements of the South African National Parks (SanParks) for 2012-13, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2012-13 [RP 124-2013].
(c) Report and Financial Statements of the iSimangaliso Wetland Park Authority for 2012-13, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2012-13.
(d) Report and Financial Statements of the South African Weather Service for 2012-13, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2012-13 [RP 107-2013].
(e) Report and Financial Statements of the South African National Biodiversity Institute for 2012-13, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2012-13.
TABLINGS
National Assembly and National Council of Provinces
1. The Minister of Economic Development
(a) Report and Financial Statements of the Industrial Development Corporation of South Africa Limited (IDC) for 2012-13, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2012-13.
(b) Report and Financial Statements of the International Trade Administration Commission of South Africa (ITAC) for 2012-13, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2012-13[RP 217-2013].
(c) Report and Financial Statements of the Competition Commission for 2012-13, including the Report of the Auditor-General on the Financial Statements and Performance Information for 2012-13 [RP 137-2013].
(d) Report and Financial Statements of the Competition Tribunal for 2012-13, including the Report of the Auditor-General on the Financial Statements and Performance information for 2012-13 [RP 227-2013].
(e) Report and Financial Statements of the Small Enterprise Finance Agency SOC Limited (SEFA) for 2012-13, including the Report of the Independent Auditors on the Financial Statements and Performance Information for 2012-13 [RP 196-2013].
National Assembly
1. The Speaker
(a) Letter from the President of the Republic, returning the Protection of State Information Bill [B6D-2010] to the National Assembly for consideration of the President’s reservations about its constitutionality:
PRINTER INSERT - T130912e-insert1 – PAGES 3473 – 3474
Referred to the Ad Hoc Committee on the Protection of State Information Bill for consideration and report in terms of Joint Rule 203.
COMMITTEE REPORTS
National Assembly
1. Report of the Portfolio Committee on Rural Development and Land Reform on the Sectional Titles Amendment Bill [B11 – 2013] (National Assembly– section 76), dated 11 September 2013.
The Portfolio Committee on Rural Development and Land Reform, having considered the subject of the Sectional Titles Amendment Bill (National Assembly – sec 76, referred to it and classified by the Joint Tagging Mechanism as a section 76 Bill), reports the Bill with amendments [B11B – 2013].
1. Report of the Portfolio Committee on Rural Development and Land Reform on the Deeds Registries Amendment Bill [B10 – 2013] (National Assembly– section 75), dated 11 September 2013.
The Portfolio Committee on Rural Development and Land Reform, having considered the subject of the Deeds Registries Amendment Bill (National Assembly – sec 75, referred to it and classified by the Joint Tagging Mechanism as a section 75 Bill), reports the Bill with amendments [B10B – 2013].
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