Hansard: NCOP: Unrevised hansard

House: National Council of Provinces

Date of Meeting: 06 Dec 2011

Summary

No summary available.


Minutes

UNREVISED HANSARD

 

WEDNESDAY, 7 DECEMBER 2011

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PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES

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The Council met at 10:05 in the Old Assembly Chamber.

 

The Deputy Chairperson (Ms T C Memela) took the Chair and requested members to observe a moment of silence for prayers or meditation.

 

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS - see col 000.

 

NOTICES OF MOTION

 

Mr D B FELDMAN: Deputy Chairperson, I give notice on behalf of Cope that at the next sitting of the Council I shall move:

 

That the Council –

    

(1) notes the startling and endless inability of the government to implement the Public Finance Management Act with the rigour and force that it deserves;

 

(2) further notes the inexplicable delay by National Treasury in expeditiously helping the Gauteng province to staunch huge leakages and looting in the departments of health and social development by putting these services under enormous pressure;

 

(3) notes that the Special Investigating Unit is being asked to investigate fraud in the Gauteng department of health, estimated at R1 billion; and

 

(4) debates whether the time has come to substantially amend the Public Finance Management Act in order to prevent South Africa, under the ANC government, from totally bankrupting South Africa and putting our country where Greece is today.

 

Mr S H PLAATJIE: Deputy Chair, I give notice on behalf of Cope that at the next sitting of the House I shall move:

 

That the Council –

    

(1) notes the importance of re-introducing competitive school sports in schools around the country;

 

(2) further notes the model of support and investment in school infrastructure that is being introduced in Mafikeng in the North West province by the Ngaka Modiri Molema district and the mayor, Phaladi Saku;

 

(3) debates the need for such practices to be emulated in order to nurture sporting talent in our schools; and

 

(4) also debates the need to instill discipline in South African children while promoting a healthy lifestyle and a healthy spirit of competitiveness.

 

Mr M J R DE VILLIERS: Deputy Chairperson, I hereby give notice on behalf of the DA that I will move at the next sitting of the House:

 

That the Council –

    

(1) notes that the Rapport of Sunday, 4 December 2011, said that former Judge Willem Heath knew that former President Thabo Mbeki was misleading the country by plotting the corruption case against President Jacob Zuma;

 

(2) also notes that the rape case against President Jacob Zuma was also planned during that time;

 

(3) further notes that former Judge Heath also knew that former President Mbeki used the Independent Investigating Unit and others by telling them what to do and what to say;

 

(4) acknowledges that if these allegations were true, then former Judge Heath is certainly liable to be drawn into a court action against him for withholding important information from the courts and is also liable for misleading the people of South Africa and the courts of law; and

 

(5) requests the legal fraternity to clear these dark and unanswered allegations.

 

[Interjections.]

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): You will answer that next time because you have failed to answer it right now.

 

GRADUATION OF ARTISANS OF ACCELERATED ARTISAN TRAINING PROGRAMME

 

(Draft Resolution)

 

Ms L MABIJA: Deputy Chairperson, I move without notice:

 

That the Council —

 

(1)        notes that the Minister of Labour, Ms Nelisiwe Oliphant, presided over the graduation ceremony of 176 artisans who qualified in November 2011;

 

(2)        also notes that the function was attended by government representatives, business representatives and labour unions in the form of Cosatu, Fedusa and Nactu, who are also UIF board members;

 

(3)        further notes that this initiative was undertaken with the Gauteng departments of infrastructure development and of local government, the National Skills Fund and the Manufacturing, Engineering and Related Services Sector Education and Training Authority, merSETA, as a pilot project in the Gauteng province;

 

(4)        acknowledges that the 176 graduates were put into the Accelerated Artisan Training Programme by the Department of Labour under the leadership of the Unemployment Insurance Funds that the project had achieved an 85% pass rate and that the learners had achieved qualifications in the areas of fitting and turning, boilermaking, welding and as electricians;

 

(5)        further acknowledges that the Minister of Labour announced a R129-million fund allocation from the Unemployment Insurance Fund to put 2 500 learners through the Accelerated Artisan Training Programme, which will see 2 500 retrenched workers and unemployed young people in all provinces being trained into artisanship through the Mining Qualifications Authority and MerSETA; and

 

(6)        applauds this great initiative and the commitment by state institutions, which really shows that the government can achieve more through co-operative governance and supports the New Growth Path and job initiatives spearheaded by President Jacob Zuma.

 

Motion agreed to in accordance with section 65 of the Constitution.

 

ADOPTION OF NEW SCHOOLS SPORTS PLAN

 

(Draft Resolution)

 

Mr T A MASHAMAITE: Deputy Chairperson, I move without notice:

 

That the Council —

 

(1)        notes that the Department of Basic Education and the Department of Sport and Recreation have adopted a new school sports plan at the recently held Sports Indaba, to be launched at the beginning of 2012;

 

(2)        further notes that this plan will see schools participating in 16 sports codes and will be accompanied by the roll-out of sports facilities and equipment to all underprivileged schools;

 

(3)        also notes that the schools sports programme will make a huge contribution towards development and transformation in sport; and

 

(4)        takes this opportunity to commend both departments on signing a memorandum that will provide much needed sport opportunities to learners.

 

Motion agreed to in accordance with section 65 of the Constitution.

 

GERMISTON HOSPITAL RENAMED BERTHA GXOWA HOSPITAL

 

(Draft Resolution)

 

Mrs R N RASMENI: Hon Deputy Chairperson, I move without notice:

 

That the Council —

 

(1)        notes the opening of the revamped and renamed Germiston Hospital, now called Bertha Gxowa Hospital in Ekurhuleni Municipality;

 

(2)        further notes that MaBertha was a struggle stalwart who spent her formative years in Dukathole township and was among the thousands who participated in the Women’s March to the Union Buildings in 1956;

(3)        also notes that this hospital first opened its doors 100 years ago with separate sections for black and white patients and that the new and revamped Bertha Gxowa Hospital has been upgraded to the tune of R550 million and will cater for all our people, with dedicated neonatal, paediatric high-care units and four fully equipped operating theatres, among others; and

 

(4)        takes this opportunity to welcome this initiative to ensure that health care services are provided to all our people and the naming of this hospital in honour of this stalwart of the liberation struggle.

 

Motion agreed to in accordance with section 65 of the Constitution.

 

TJAKASTAD RECEIVES LOW-POWER TRANSMITTER

 

(Draft Resolution)

 

Ms M P THEMBA: Deputy Chairperson, I move without notice:

 

That the Council —

 

(1)        notes that the Minister of Communications, Minister Dina Pule, will officially switch on the low-power transmitter in Tjakastad in the Mpumalanga province;

(2)        further notes that the community of Tjakastad has been part of the 3,6 million people in South Africa who do not have access to any SABC television or to any of the SABC FM radio services and that with the switching on of the transmitter today, the community of Tjakastad will be able to watch SABC 1, 2 and 3 and listen to Ligwalagwala FM and other radio stations; and

 

(3)        takes this opportunity to congratulate the Minister of Communications and the SA Broadcasting Corporation for such sterling work and for their dedication to ensure universal service and access to broadcasting services, thereby keeping our people informed and empowered.

 

Motion agreed to in accordance with section 65 of the Constitution.

 

FIRE CLAIMS LIVES OF TWO MEN IN DU NOON, WESTERN CAPE

 

(Draft Resolution)

 

Mr A J NYAMBI: Hon Deputy Chairperson, I move without notice:

 

That the Council —

 

(1) notes the tragic deaths of two brave men, Sinethemba Mathala and Malizo Martin, who died while attempting to help other residents in two deadly fires in Du Noon in Table View in the Western Cape;

 

(2)        further notes that in the first fire, 7 shacks were destroyed, leaving 24 people homeless, and with the help of Sinethemba and Malizo the fire was stopped from spreading to other shacks, possibly saving lives;

 

(3)        also notes that when the second fire started, the two brave men were killed in the blaze that destroyed 12 shacks, leaving 50 people homeless; and

 

(4)        takes this opportunity to convey its profound condolences to the family of the two men who lost their lives and urges our people to be extra careful over this period and implores the City of Cape Town to move with speed in addressing the huge housing backlog in the city.

 

Motion agreed to in accordance with section 65 of the Constitution.

 

2011 CHRISTMAS LIGHTS OF CAPE TOWN

 

(Draft Resolution)

 

Mr M J R DE VILLIERS: Deputy Chairperson, on behalf of the DA I move without notice:

That the Council notes that —

 

(1) according to the City of Cape Town, some 80 000 people experienced, by the flick of a switch, the Christmas lights of 2011 in Adderley Street;

 

(2) this year’s themes are: Cape Town – Africa’s Greatest City, The Musical City, and A Bird’s Life;

 

(3) these Christmas lights are the greenest festive season lights ever, and the City used rope lighting to be sensitive to energy saving; and

 

(4) the Cape Town metro is leading the way as a city for opportunities for the people of South Africa.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Order! Is there any objection to the motion? [Interjections.] There is. In the light of the objection, the motion may not be proceeded with. The motion without notice will therefore become a notice of motion.

 

CAPE TOWN BEACHES AWARDED BLUE FLAG STATUS

 

(Draft Resolution)

 

Mr J M BEKKER: Deputy Chairperson, on behalf of the DA I move without notice:

 

That the Council —

 

(1)        notes that the City of Cape Town was awarded eight Blue Flag beaches, the highest number for 2011-12 in South Africa;

 

(2)        further notes that this Blue Flag status for the beaches like Bikini Beach, Camps Bay, Clifton’s Fourth Beach, Llandudno, Muizenberg, Mnandi and Silverstroom was earned through high quality water, cleanliness, sufficient lifeguards, security, access to clean drinking water and an environment that is consistently well managed;

 

(3)        acknowledges that the Blue Flag programme is run by the Wildlife and Environment Society of South Africa; and

 

(4)        acknowledges that these beaches in Cape Town are safe havens to be visited during the festive season.

 

Motion agreed to in accordance with section 65 of the Constitution.

 

SOLUTIONS TO EASTERN CAPE EDUCATION DEPARTMENT PROBLEMS

 

(Draft Resolution)

Ms M W MAKGATE: Deputy Chairperson, I move without notice:

 

That the Council —

 

(1)        notes that the Minister of Basic Education, Minister Angie Motshekga has reported that solutions have been found for the problems in the Eastern Cape education department;

 

(2)        further notes that after months of wrangling between the Minister of Basic Education and the provincial department over her intervention, the department has started cleaning up its act and has rehired 4 000 dismissed temporary teachers;

 

(3)        also notes that the pupil transport system is being reinstated, the school feeding scheme was reintroduced and pupils are now benefiting from the programme; and

 

(4)        takes this opportunity to congratulate the inter-ministerial task team on their success in bringing stability and order into the Eastern Cape department of education and urges the national department to put measures in place to ensure that we do not see a recurrence of these problems.

 

Motion agreed to in accordance with section 65 of the Constitution.

 

ANALYSIS OF INPUT BY MRS E C VAN LINGEN

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Before we proceed I would like to address the hon Van Lingen. We haven’t finalised our analysis of your utterances. I therefore wish to say that the matter will stand down until further notice.

 

TAX ADMINISTRATION BILL

 

(Consideration of Bill and of Report thereon)

 

Mr C J DE BEER: Hon Chairperson, the drafting of the Tax Administration Bill was announced in the 2005 Budget Review as a project to incorporate into one piece of legislation certain generic administrative provisions that are currently duplicated in the different tax Acts. Tax legislation comprises two aspects, namely tax liability provisions and tax administration provisions. The drafting of the Tax Administration Bill focuses on reviewing the current administrative provisions of the tax Acts administered by the SA Revenue Service, Sars, but excludes the Customs and Excise Act of 1964.

 

The current tax framework needed to be aligned with modern approaches, business practices, accounting practices and constitutional rights. In essence, the rationale for a tax administration review in South Africa is to adapt to a fast-developing world and lower the cost and burden of tax administration.

A modern legislative framework is required. Why? It is to modernise the administration of the collection of revenue; consolidate duplicate provisions; adjust disparate requirements in existing law; and achieve a balance between the powers and duties of Sars and the rights and obligations of taxpayers.

 

The Tax Administration Bill seeks to effect protection of administrative fairness rights through affording taxpayers more effective and overarching remedies, such as the creation of a tax ombudsman’s office. There are also specific procedural rights in the clauses dealing with the powers of Sars, such as the right to audit the findings report after the finalisation of an audit and providing reasons for the assessments. Due regard was given to the principles of equity and fairness, certainty and simplicity, efficiency and effectiveness.

 

The purpose of the Tax Administration Bill is the extension of powers to more effectively target tax evaders who demonstrate certain behaviour.

 

The Tax Administration Bill was also informed by international best practice and the comparative evaluation of the tax administration laws of other countries with practical experience of tax administration laws over long periods, such as Australia, Botswana, Canada, New Zealand, the United Kingdom and the USA.

 

The following issues were raised in the committee. The Office of the Tax Ombudsman must be seen to be independent – and not only theoretically – and it has to report to the Minister of Finance. The Tax Ombudsman’s Office should recruit personnel freely and independently from Sars. The jeopardy assessment should be approved by the Tax Ombudsman. Lastly, the burden of proof for jeopardy assessments to be on Sars is supported, as it will be made available to the Tax Ombudsman, which makes sense. It was agreed in the committee that, after consultation with the Minister of Finance, the Minister would respond to the issues raised in the committee as soon as possible.

 

Hon Chairperson, Edmund Burke said, and I quote:

 

To tax and to please, no more than to love and to be wise, is not given to men.

 

Hon Chairperson, the Select Committee on Finance, having considered and examined the Tax Administration Bill [B 11B – 2011] (National Assembly – section 75) referred to it and classified by the JTM as a section 75 Bill, supports the Bill without amendments. I so move.

 

Debate concluded.

 

Question put: That the Bill be agreed to.

 

Mr M J R DE VILLIERS: [Inaudible.]

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Your microphone’s light was not on and I wonder if others heard what you said.

 

Mr M J R DE VILLIERS: Sorry, Chairperson. The DA wants to make a declaration on this Bill.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon De Villiers, you are the one who is ...

 

Mr M J R DE VILLIERS: Chairperson, is it the Second Order or the First Order? Members are telling me that we are still on the first one.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Yes, sir. You actually stood up ...

 

Mr M J R DE VILLIERS: Sorry, hon Chairperson. I am rising on the Second Order. Sorry.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): So, can you withdraw it so that it is not recorded?

 

Mr M J R DE VILLIERS: Yes, I withdraw it. Thank you.

Bill agreed to in accordance with section 75 of the Constitution.

 

INTELLECTUAL PROPERTY LAWS AMENDMENT BILL

 

(Consideration of Bill and of Report thereon)

 

Mr M C MAINE: Deputy Chairperson, traditional knowledge is the information that people in a given community, based on experience and adaptation to a local culture and environment, have developed over time and continue to develop. It plays a fundamental role in protecting the livelihood of many indigenous communities, protecting the community’s health and maintaining the resources necessary for the continued survival of the community.

 

A World Bank study has shown that poor people can turn their own knowledge into income-generating opportunities through the use of modern methods to protect and market such knowledge. However, cases are known where unprotected cultural expression emerging from South African communities was appropriated and commercialised by individual interests without benefits going to these communities.

 

In 2004, therefore, the Cabinet approved the adoption of the policy on Indigenous Knowledge Systems, the IKS policy. Pursuant to the adoption of the IKS policy, the Department of Trade and Industry formulated a policy document on the commercialisation and protection of, through the Intellectual Property System. This policy seeks to recognise and protect indigenous knowledge as a form of intellectual property and to enable and promote the commercial exploitation of indigenous knowledge for the benefit of the indigenous communities from which the indigenous knowledge originated.

 

In order to create an appropriate legal framework for the recognition and protection of indigenous knowledge and to provide appropriate structures and mechanisms to enable the commercialisation of indigenous knowledge, it was considered appropriate to create an interface of indigenous knowledge with the current intellectual property legislative dispensation and to integrate the protection of indigenous knowledge into the current intellectual property protection laws of the Republic.

 

The object of the Bill is to provide for the recognition and protection of certain manifestations of indigenous knowledge as a species of intellectual property. To this end, it seeks to amend the following laws so as to provide for the protection of relevant manifestations of indigenous knowledge as a species of intellectual property.

 

They are: the Performers’ Protection Act, Act 11 of 1967, to provide for the recognition and protection of performances of traditional works; the Copyright Act, Act 98 of 1978, to provide for the recognition and protection of indigenous works, to provide for the establishment of a national council in respect of indigenous knowledge, to provide for a national database for recording indigenous knowledge and the recording of indigenous works, and to provide for the establishment of a National Trust Fund for Indigenous Knowledge; the Trade Marks Act, Act 194 of 1993, to provide for the recognition of indigenous terms and expressions and the registration of such terms and expressions as trademarks and create for this purpose a further part of the trademarks register to provide for the recording of indigenous terms and expressions, and to provide for further protection of geographical indications; and the Designs Act, Act 195 of 1993, so as to provide for the recognition and registration of indigenous designs and to create for this purpose a further part of the designs register and to provide for the recording of indigenous designs.

 

The Bill further seeks to introduce statutory provisions to provide for the establishment of a national council in respect of indigenous knowledge, a national database for the recording of indigenous knowledge and a national trust and trust fund for purposes of indigenous knowledge.

 

The Intellectual Property Laws Amendment Bill [B 8B – 2010] therefore seeks to implement the Department of Trade and Industry policy, by introducing appropriate amendments to the primary IP statutes, excluding the Patents Act, Act 57 of 1978.

 

The Patents Amendment Act, Act 20 of 2005, already gives recognition to indigenous knowledge and use within the context of the protection of indigenous genetic and biological resources, as contemplated in the National Environmental Management: Biodiversity Act, Act 10 of 2004. The Patents Amendment Act, Act 20 of 2005, complements the National Environmental Management: Biodiversity Act, Act 10 of 2004. There may be a need to effect consequential amendments to the National Environmental Management: Biodiversity Act, Act 10 of 2004 and the Plant Breeders’ Rights Act, Act 15 of 1976. This will be necessitated by the fact that the Department of Agriculture, Forestry and Fisheries, which administers the Plant Breeders’ Rights Act, Act 15 of 1976, has not yet effected amendments to complement the Patents Amendment Act, Act 20 of 2005.

 

The main thrust of the Bill is that no registration of intellectual property that is based on indigenous knowledge will be able to be effected without mandatory disclosure of the indigenous knowledge element, without the prior informed consent by indigenous knowledge owners, and without a benefit-sharing arrangement being entered into with the relevant indigenous knowledge owners – something the DA doesn’t want.

 

These principles have already been applied in the Patents Amendment Act, Act 20 of 2005, complementing the National Environmental Management: Biodiversity Act, Act 10 of 2004. By their nature, these principles undoubtedly give power back to indigenous communities who are the rightful owners of the indigenous knowledge.

 

In recognition of the fact that the power relations of indigenous communities and those of seasoned proponents of the intellectual property system are skewed, the Intellectual Property Laws Amendment Bill establishes an alternative dispute resolution system to deal with disputes.

 

The Intellectual Property Laws Amendment Bill also provides for the establishment of appropriate structures to facilitate the implementation of the Intellectual Property Laws Amendment Bill when it comes into legal force. These are the national council, the national trust and the trust fund, as well as the recognition of community structures and collecting societies.

 

The Bill is fully compatible with international treaties to which South Africa is a party. National treatment and reciprocity principles are appropriately observed in this Bill.

 

Currently, there are persons who are using traditional intellectual property for their own benefit and derive commercial benefit from such use. The Bill does not seek to deprive anybody of the constitutional rights they may be enjoying in terms of existing legislation. With the commencement of the Bill, such individuals or juristic persons may have to provide compensation for the use of the traditional intellectual property.

 

I therefore table the report of the committee on the Bill and propose that we adopt it. I thank you. [Applause.]

 

Debate concluded.

 

Question put: That the Bill be agreed to.

 

Declarations of vote:

Mrs B L ABRAHAMS: Deputy Chairperson, the intention of the Intellectual Property Laws Amendment Bill is to protect indigenous and traditional works through an established system of intellectual property laws.

 

The Bill is fundamentally deficient, despite all the hard work that was done by the parliamentary law advisers, and it will not achieve its objectives. The flaws in the Bill have been commented on in Nedlac and the National Assembly, and we will not repeat these grounds again. We do know that the World Intellectual Property Organisation, Wipo, in a letter dated 15 September 2011, gave advice to the National Assembly’s portfolio committee, at their request, and pointed out some substantial flaws in the Bill. We have a copy of the report to hand to the Chair.

 

In the rush to push this Bill through, these comments were not taken into account at all. The procedures followed in rushing the Bill through are likely to be found to be unconstitutional.

 

Firstly, this Bill should have been tagged as a section 76 Bill, as it deals with the functional area of indigenous law and customary law. Secondly, it is our view, as well as the view of senior members of the House of Traditional Leaders, that this Bill clearly pertains to customs of indigenous communities and should therefore be referred to the House of Traditional Leaders. Thirdly, far-reaching, onerous and substantially new provisions were added to the Bill right at the end of the National Assembly portfolio committee process, without any public consultation. I have a list of those new provisions, which I can hand to the Chair.

 

One of the most serious of those new provisions relates to those persons who have pre-existing rights to traditional works. In the version of the Bill that was subject to public comment, those pre-existing rights were unconditionally preserved. The new changes require those existing rights holders to register their rights and to conclude benefit-sharing agreements with the communities concerned. Any one of these issues could be the subject of a sound constitutional challenge to the Bill.

 

Finally, despite the hard efforts of the parliamentary legal team, the speed at which they had to work leaves the Bill littered with mistakes. We have a list of some of these mistakes, which can be made available to the Chair.

 

In consequence, the DA cannot support this Bill. It should be sent back to the National Assembly for the deficiencies raised to be reconsidered. Thank you.

 

The HOUSE CHAIRPERSON (Mr R J Tau): Deputy Chairperson, that was their declaration. As the ANC, we want to note that for a very long time, our indigenous people and their knowledge, particularly the knowledge that ordinarily would have empowered them to progress, to develop and to address all their social ills, have been exploited by ... There is an objection?

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon member, do you have an objection?

 

Mr D JOSEPH: Yes, hon Deputy Chair.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): On what?

 

Mr D JOSEPH: Deputy Chairperson, I just want to correct the speaker and indicate that ANC members are not the only indigenous people in this country. Thank you. [Interjections.]

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon member, with due respect, will you allow this speaker to stand and complete what he was saying? Thank you.

 

The HOUSE CHAIRPERSON (Mr R J Tau): Deputy Chairperson, we in the ANC, an organisation that has the interests of the working class and the poor at heart, and an organisation that seeks to represent the interests of the downtrodden, particularly those who have been exploited by the imperialists for all these years and who have been exploited by big capital which uses their indigenous knowledge to produce products and put them on the market at the expense of the poor, and which in the main is represented by the DA today, stand here to support the amending Bill which is being presented to the Council as we speak. I must just emphasise that for a very long time - for decades in fact - our people have been exploited. I would be surprised if the hon member who stood up to object is not in actual fact a San or a Khoi person, the people who in the main have felt the brunt of this exploitation by big capital and especially imperialism. Thank you very much. [Applause.]

 

Mrs B L ABRAHAMS: Deputy Chairperson, on a point of order: I would just like to correct that – I am definitely not a San or a Khoi person. Thank you.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon members, listening is a very special gift. Can we try to practise that? Let’s listen properly before we object. We are wasting time. Some people’s flights are going to be leaving very soon. Let’s now try to use the little time that we have available. Thank you very much.

 

Bill agreed to in accordance with section 75 of the Constitution.

 

FURTHER EDUCATION AND TRAINING COLLEGES AMENDMENT BILL

 

(Consideration of Bill and of Report thereon)

 

Ms M W MAKGATE: Deputy Chairperson, the Further Education and Training Colleges Amendment Bill seeks to amend the Further Education and Training Colleges Act, Act 16 of 2006. The administration and powers entrusted by the Further Education and Training Colleges Act of 2006 were transferred to the Minister of Higher Education and Training by Proclamation No 44 of 2009. Cabinet approved the amendment of Schedule 4 of the Constitution of the Republic of South Africa in order to make further education and training, FET, colleges an exclusive national competency, hence we have this amending Bill.

 

Chairperson, the Further Education and Training Colleges Amendment Bill has the following key objectives:

 

Firstly, the Bill seeks to remove all references to provincial authorities by assigning the functions of MECs to the Minister of Higher Education and Training and the functions of the Head of Department to the Director-General of the Department of Higher Education and Training, according to clauses 1 to 10 and 14 to 33.

Secondly, the Bill further seeks to regulate the conduct of members of council and staff of public colleges engaging in business with the relevant public college. For instance, clause 8 amends section 10(9) of the Act in order to provide, among others, for a member of a council to declare, before she or he assumes office, any business, commercial or financial activities undertaken for financial gain that may raise a possible conflict of interest with the public college in question.

 

Thirdly, clause 8 adds several subsections to section 10. For instance, subsection 11 defines the immediate family of a member of a council as her or his parent, sibling or child, including an adopted child or stepchild, and spouse, including a life partner who is living with that member as if they were married to each other.

 

Fourthly, the Bill provides for the appointment of staff and transitional arrangements. For instance, clause 12 amends section 20(1) of the Act in order to empower the Minister of Higher Education and Training to appoint staff in the identified posts and to remunerate them from the funds allocated to the respective colleges in accordance with the norms and standards contemplated in section 23.

 

Lastly, clause 33 makes several amendments to schedule 1 of the principal Act. For instance, the Bill replaces “Every lecturer and member of the support staff” in section 36 of the schedule with:

 

Every member of staff employed in terms of the Public Service Act is subject to a code of conduct of public servants and disciplinary procedures provided for in terms of the Public Service Act and its regulations.

 

After the tabling of the Further Education and Training Colleges Amendment Bill before the Select Committee on Education and Recreation on 19 October 2011, the Select Committee on Education and Recreation, having considered the Bill, tabled in terms of section 231(2) of the Constitution, Act 108 of 1996, recommends that the House approves the Bill. I thank you.

 

Debate concluded.

 

Question put: That the Bill be agreed to.

 

Declaration of vote:

 

Mr M J R DE VILLIERS: Deputy Chairperson, I want to make a declaration on behalf of the Western Cape. On the Further Education and Training Colleges Amendment Bill [B 13D – 2011], new information has come to my attention in connection with this Bill, which has given me reasons not to support the Bill. The reasons will be provided in writing at a later stage. I thank you. [Interjections.]

 

The CHIEF WHIP OF THE COUNCIL: Deputy Chairperson, I think that Mr De Villiers is now telling us that the Western Cape is not voting. He can just say that the Western Cape is against the Bill. We are not voting yet and that is not a declaration.

 

Ms M W MAKGATE: Deputy Chairperson, I am covered by what the Chief Whip has said, but let me add that I am surprised because hon De Villiers was part of the whole process. Thank you.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): We shall now proceed to the voting. We shall do this in alphabetical order per province. Heads of delegation must indicate whether they are voting in favour or against, or are abstaining from voting.

 

Ms M W MAKGATE: Deputy Chairperson, I just want to put on record that when we dealt with the final mandate, the Western Cape voted in favour. [Interjections.] On the final mandate they voted in favour.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Chaane, do you want to say something?

 

Mr T E CHAANE: No, it has been covered.

 

Mr D V BLOEM: Deputy Chairperson, on a point of clarity: I don’t understand the term “abstaining technically”. I am serious when I say that. I don’t understand what Mpumalanga meant by that. Thank you.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Bloem, I think this is clear, but, if you need further information, the Chief Whip of the Council will give you that. Right now we are dealing with what is happening in the House.

 

Mr T E CHAANE: Deputy Chairperson, perhaps we will need your guidance for future clarity. This is a section 76 Bill. In regard to this Bill, provinces are expected to submit mandates that give a directive as to how their members should vote. In this case we are being told, reliably so, by the chair of the committee that in the mandate received, the Western Cape directed that the Bill be supported, but the member in this House is voting against the written mandate from the speaker of that province. Can we be guided, Chair?

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): My understanding is that the mandate rules. I will allow the Chief Whip to come in on this.

 

The CHIEF WHIP OF THE COUNCIL: Hon members, let’s allow the Western Cape to vote against this Bill – it is their provincial right to do so. Although they agreed in the committee, the last mandate is the one they are voting on now and here.

 

Furthermore, let me explain the technicality - it is about the Bill. They used the wrong version of the Bill on which to base their mandate, and that is why they are saying “technically”. It is a technicality. That is why she is not saying that they are voting against it, but that they are abstaining, because there was a technicality with the Bill – it should have been another version, whether C or D. That is all.

 

Mr M J R DE VILLIERS: Deputy Chairperson, I am a permanent delegate from the Western Cape and my instructions come from the Western Cape.

 

The HOUSE CHAIRPERSON (Mr R J Tau): Order! Order! Point of order! [Interjections.]

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon members, please be calm. Just be calm.

 

The HOUSE CHAIRPERSON (Mr R J Tau): Deputy Chairperson, I wanted to raise a point of order.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Tau, I am coming to you. There is a lot of grumbling here. Please, can we be cool-headed and deal with this Bill in that way? We have to deal with this amicably.

 

The HOUSE CHAIRPERSON (Mr R J Tau): Deputy Chairperson, on a point of order: You made a ruling. I don’t know what the objection from the hon De Villiers is. You made a ruling and we support that ruling. That is why I was calling the hon De Villiers to order. I don’t know what he is saying. Thank you.

 

IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal,

Limpopo, Northern Cape, North West.

 

ABSTAIN: Mpumalanga.

 

AGAINST: Western Cape.

 

Bill accordingly agreed to in accordance with section 65 of the Constitution.

 

SKILLS DEVELOPMENT AMENDMENT BILL

 

(Consideration of Bill and of Report thereon)

 

Ms M W MAKGATE: Chairperson, the Department of Higher Education and Training focuses on higher-education matters, including skills development functions, which were transferred from the Department of Labour. It is because of the transfer of the skills development functions from the Department of Labour to the Department of Higher Education and Training that we have before us today the Skills Development Amendment Bill, which seeks to make sure that the transfer of the skills development function is done within the ambit of the law.

 

The Skills Development Amendment Bill seeks to amend the Skills Development Act, Act 97 of 1998. The following are some of the key objectives of the Skills Development Amendment Bill: to define certain words or expressions and to delete certain obsolete definitions; to amend provisions relating to the establishment, amalgamation and dissolution of Sector Education and Training Authorities, Setas; to provide for the incorporation of a subsector of one Seta into another Seta; to provide for the composition of an accounting authority for every Seta; to provide for a standard constitution for every Seta; to regulate the conduct of members of an accounting authority or staff members of a Seta when engaging in business with the Seta; and to repeal or amend certain provisions which became obsolete as a result of the transfer of the administration of the said Skills Development Act to the Minister of Higher Education and Training.

 

The following are some of the specific amendments that this Bill makes to the principal Act.

 

Clause 1 of the Bill amends section 1 of the Act by introducing a number of definitions relating to Setas and their constitution, and by deletion of references and definitions relating to redundant legislation with references that are applicable to the current and applicable legislation.

 

Clause 5 amends section 9 of the Act in order to allow the Minister of Higher Education and Training to establish Setas for a period specified by the Minister and to re-establish the Setas, if needed, after that period has lapsed.

 

Clause 8 amends section 10A of the Act in order to ensure that the service level agreements, SLAs, of Setas comply with government policies and service delivery strategies.

 

Clause 11 of the Bill amends section 13 of the Act and it provides for the introduction of a standard constitution for the Setas.

 

The Department of Higher Education and Training tabled the Bill to the Select Committee on Education and Recreation on 29 November 2011. The Select Committee on Education and Recreation, having considered the Bill tabled in terms of section 231(2) of the Constitution, Act 108 of 1996, recommends that the House approves the Bill. Thank you. [Applause.]

 

Debate concluded.

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): I shall now put the question.

 

Question put: That the Bill be agreed to.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): In accordance with Rule 63, I shall first allow political parties to make their declarations of vote if they so wish. Mr De Villiers?

 

Mr M J R DE VILLIERS: [Inaudible.]

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon de Villiers, if you have anything to say, can you switch on your microphone?

 

Mr M J R DE VILLIERS: Chairperson, you are asking me directly if I want to make a declaration, and I am just telling you that we do not want to make a declaration of vote.

 

Bill agreed to in accordance with section 75 of the Constitution.

 

CONSIDERATION OF REPORT OF SELECT COMMITTEE ON FINANCE — OVERSIGHT VISIT TO FREE STATE MUNICIPALITIES

 

Mr B L MASHILE: Deputy Chairperson, the Select Committee on Finance undertook an oversight visit to Free State municipalities from 16 to 19 August 2011. The objective was to engage with identified municipalities, along with national and provincial departments, on the following issues.

 

They are: the development and implementation of municipalities’ budgets; compliance with the Local Government: Municipal Finance Management Act, MFMA; spending and performance of municipalities with regard to conditional grants; relations and collaboration between municipalities and various national and provincial departments, including parastatals; service delivery and capacity constraints of municipalities; alignment of municipalities’ integrated development plans, IDPs, with the Provincial Growth and Development Strategy; and support that national and provincial departments render to municipalities in terms of section 154 of the Constitution and section 34 of the MFMA.

 

The following municipalities appeared before the committee: Mangaung, Masilonyana, Mohokare, Matjhabeng, Moqhaka, Naledi, Metsimaholo, Ngwathe, Mafube and Nala.

 

The following stakeholders participated: the national Department of Co-operative Governance and Traditional Affairs, Cogta, and related provincial departments; National and Provincial Treasuries; SA Local Government Association, Salga; Department of Energy; Eskom; Financial and Fiscal Commission, FFC; Department of Water and Environmental Affairs; Auditor-General; and the Development Bank of Southern Africa, DBSA.

The Auditor-General reported on the audit outcomes and that the following municipalities received disclaimers: Mafube, Matjhabeng, Metsimaholo, Mohokare, Ngwathe, Mangaung, Masilonyana, Moqhaka and Naledi, while Nala did not submit any financial statements for audit.

 

The Auditor-General reported the following issues within all municipalities:

 

There was a lack of competent staff and a high vacancy rate, specifically in the municipal budget and treasury offices. This resulted in poor financial statements being submitted for audit, poor service delivery, and a great reliance on consultants. It was reported that, of the 25 municipalities in the province, only three municipalities, namely Mantsopa, Setsoto and Dihlabeng, were not reliant on consultants.

 

Another common challenge in the municipalities in the province was inadequate record-keeping, resulting in the limitation of the scope of audits and the lack of business continuity.

 

Noncompliance with laws and regulations was also a major concern. This related especially to supply chain management policies, resulting in irregular expenditure being incurred.

 

There was a lack of proper information technology, IT, frameworks, as well as poor IT controls.

 

In the majority of the municipalities governance structures such as risk management, audit committees and internal audits either did not exist, or were not functioning properly.

 

We also received presentations from the provincial department of co-operative governance. At the time of the meeting with the municipalities, it was reported that the following municipalities were under section 106 of the Local Government: Municipal Systems Act: Setsoto, Matjhabeng, Naledi and Letsimeng municipalities, as well as the Mangaung metro.

 

The following municipalities were under section 139 of the Constitution: Nala, Masilonyana, Mohokare and Phumelela municipalities, as well as Thabo Mofutsanyana and Xhariep district municipalities.

 

The Free State municipalities had spent R638 million of the total municipal infrastructure grant, MIG, allocation of R793 million.

 

The provincial department of co-operative governance provided financial assistance to municipalities to the amount of R76 million as at 31 March 2011. Between that date and 18 August 2011, a further amount of R18 million was spent on assistance.

In light of the findings, the committee’s recommendations are as follows:

 

The provincial department of co-operative governance and traditional affairs should appear before a joint meeting of the Select Committees on Finance, on Appropriations and on Co-Operative Governance and Traditional Affairs to report on their support to municipalities, including all investigations. This delegation must be led by the MEC for co-operative governance and traditional affairs. The national Minister responsible for Co-operative Governance and Traditional Affairs will also be asked to attend the meeting.

 

The national Department of Co-operative Governance and Traditional Affairs and the National Treasury should, within 14 days after the adoption of this report by the NCOP, submit a provincial action plan for intervening in the Free State municipalities in line with all provisions of the Local Government: Municipal Finance Management Act.

 

The Public Protector should investigate allegations of mismanagement at the Nala local municipality.

 

The provincial department of co-operative governance and traditional affairs should consult the National and Provincial Treasuries, as well as all relevant departments, before implementing any section 139 interventions.

 

The Moqhaka local municipality should address the issue of open toilets as a matter of urgency, as this matter impacts on the dignity of the community.

 

The provincial treasury and provincial department of co-operative governance and traditional affairs should take appropriate action with regard to the report that the Matjhabeng local municipality was responsible for 50% of all fruitless and irregular expenditure in the province of the Free State during the 2009-10 financial year.

 

Salga should provide Parliament with a plan on how they are going to assist municipalities in the Free State with their turnaround strategies.

 

The provincial department of co-operative governance and traditional affairs, the provincial treasury and Salga should co-ordinate and establish a task team that will include all sector departments and assist the municipalities to deal with all challenges identified in this report. They should submit a progress report to the NCOP within three months of the adoption of this report.

 

Municipalities should take cognisance of the fact that tariff structures should account for repairs and maintenance other than provision costs only, particularly in light of the fact that municipalities are charging electricity tariffs that are below the cost of provision.

 

Salga should ensure that the leadership of municipalities is capacitated to sufficiently monitor the management’s compliance with laws, regulations and internally designed policies and procedures.

 

The Office of the Premier in the Free State should address the unavailability of reports of municipal investigations in the province.

 

Municipalities should refrain from investing grant funds and use them for their intended purpose, which is service delivery.

 

Mangaung metro must provide the NCOP with a written report on the progress of the implementation of the resolutions of the provincial standing committee on public accounts regarding Centlec within seven days of the adoption of this report.

 

The Office of the Premier in the Free State should provide a detailed report on the finances and auditing of the Hlasela Fund. This report should reach the NCOP within 30 days after the adoption of this report.

 

The outcomes of the investigations against the former Mayor of Ngwathe, completed by the SAPS and based on the audit report, which are not dealt with by the council, should, where possible, be made public.

 

All municipalities should make their relevant senior officials available to attend training and skills transfer programmes offered by national and provincial treasuries.

 

The Mangaung Metro should comply with the grant framework conditions as stated in the Division of Revenue Act.

 

All municipalities should immediately implement an action plan to address matters raised by the Auditor-General in the audit reports and by the provincial standing committee on public accounts in its resolution.

 

The National Treasury should interact with the provincial department of co-operative governance with regard to the legality of the financial assistance that the latter department gave to municipalities.

 

Cogta, National Treasury and other affected stakeholders should improve intergovernmental relations in a co-ordinated way when interventions are made in municipalities.

 

The Select Committee on Finance proposes that the report be adopted by the House. I thank you, Chair.

 

Debate concluded.

 

Question put: That the Report be adopted.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Order! [Interjections.]

 

Mr D V BLOEM: Cope is a province!

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Bloem, to which province do you belong? I ask this because right now the question is dealing with the provinces.

 

Mr D V BLOEM: I apologise, Madam. I thought that Cope was a province. [Interjections.]

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): We shall now proceed to the voting on the question.

 

IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal,

Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.

 

Report accordingly adopted in accordance with section 65 of the Constitution.

 

CONSIDERATION OF REPORT ON WHIPPERY STUDY TOUR TO INDIA

 

Ms M G BOROTO: Deputy Chairperson, hon members, ladies and gentlemen, I rise to present and table the report on the NCOP Whippery’s study tour to the Republic of India from 15 to 19 August 2011.

 

The decision to visit the upper House of Parliament in India was informed by a number of factors. Firstly, we did so because our Council and the Rajya Sabha possess great similarities that permeate them, coming from the institutional design of their mandate.

 

Secondly, we undertook the study tour to the Rajya Sabha to look at the functioning of the Whippery and the mechanisms that were in place in the Rajya Sabha to enhance the role of the Whippery, particularly the political management and co-ordination of the business of committees and plenary sessions.

 

Thirdly, we also wanted to look at systems, processes and mechanisms that were in place in the Rajya Sabha to strengthen the representation of provincial interests. We did so because our Council and the Rajya Sabha have a very important and unique role to play in being the voices of the provinces and a national platform for the representation of issues from provinces.

 

Lastly, we also wanted to look at the measures that have been put in place in the Rajya Sabha to ensure that the Whips play an integral role in enforcing discipline and monitoring. The Chairperson of the NCOP said yesterday that we should keep them on their toes!

 

I must say that this House made an investment in training us as the Whippery, and it is our duty to attain the outcomes and outputs of our training and justify the money that was invested in us. That is why we are always learning and continue to act as Whips as we are expected to do.

 

I am speaking through you, Chairperson. Hon Gunda, will you stop your interference while I am speaking.

 

Our visit to the Rajya Sabha was humbling and quite an experience for all of us. We received a welcome from the SA High Commissioner to India, His Excellency, Rev Majeke, and his team and from the various members of the Rajya Sabha and the staff we met.

 

We were indeed humbled to find that the NCOP and Rajya Sabha processes were similar in regard to their institutional arrangements, mandates and functions. These two Houses have similar constitutional responsibilities that demonstrate a homogeneous ideal interpretation of their political and institutional functions.

 

I must say that, like our Council, the Rajya Sabha is not only a legislative assembly but also a deliberative body that plays a very important role in the overall governance of the affairs of the people of India, particularly those in the states. The Rajya Sabha makes a valuable contribution in transposing the diverse views of the people from the 28 states of India to the national agenda.

 

We were humbled to learn that the Whippery in the Rajya Sabha plays an integral role in the overall political management of Parliament. It ensures that there is always decorum and that Members of Parliament are in Parliament to undertake their parliamentary duties.

 

The report of the Whippery contains a wealth of information on various aspects of the functioning of the Rajya Sabha, particularly on the role that the Whippery plays in driving the political implementation of the mandate of the Rajya Sabha, which we believe will assist the NCOP Whippery to strengthen certain areas of its work.

 

As the Whippery in the NCOP we must remember that we come from different provinces and we represent our parties, and we will make sure that we achieve results according to the manifestos that we gave to our people who voted for us. We will keep on learning and making sure that we have that political leadership in all the committees and in the work of the NCOP.

 

As the leader of the delegation, hon Nosipho Ntwanambi really wants to thank all the members who were part of the delegation, and she says she was profoundly humbled to lead such a diverse group of political leaders, who demonstrated the utmost commitment to the objectives of the tour.

 

Allow me also to express my profound gratitude to the multiparty delegation that represented the NCOP Whippery. We are also truly grateful to the provincial legislatures for allowing their Chief Whips to be part of the Whippery delegation to India. We are grateful to the staff in the office of the Chief Whip for ensuring that this study tour was a success and trust that there will be many more to come.

 

We sincerely hope that this report will serve as an important resource for our Council. We are sure that many of you will find it very useful, as we continue to move with the utmost speed to seek more ways to enhance and improve the functioning of the Whippery and our Council.

 

As I conclude, let me say that many of us have been wondering how we could have allowed ourselves to be sitting on this date, and so late. As I say, it is the mandate that was given to us. It is the investment that was made in us, to make sure that things run properly, and as such it was necessary for us to be in this Parliament until today. The Whippery will continue to make sure that the work is done.

 

Hon Chairperson, we table this report for consideration and urge each and every member of this House to read it. Thank you.

 

Debate concluded.

 

Question put: That the Report be adopted.

 

IN FAVOUR: Eastern Cape, Free State, Gauteng, KwaZulu-Natal, Limpopo, Mpumalanga, Northern Cape, North West, Western Cape.

 

Report accordingly adopted in accordance with section 65 of the Constitution.

 

MILITARY OMBUD BILL (INTRODUCED AS MILITARY OMBUDSMAN BILL)

 

(Consideration of Bill and of Report thereon)

 

Mr T M H MOFOKENG: Hon Deputy Chair, the Select Committee on Security and Constitutional Development considered the subject of the Military Ombud Bill referred to it. It applied its mind to the subject and queried the rationale of the National Assembly’s amendment to clause 5 of the Bill, which transferred the power to appoint the Ombud from the President to Parliament, on its recommendation.

 

The proposed amendment addresses the matter of the overdemocratisation of the administration of the SA National Defence Force, SANDF. The President, as Commander-in-Chief, should have the powers to appoint the required personnel without administrative restrictions. The SANDF is the country’s first line of defence and must not be hampered by bureaucratic red tape.

 

The committee was advised that the National Assembly’s amendment created an independent Military Ombud. The rationale was that the Military Ombud would be independent from the Minister, and that this would allow military personnel to have faith that the Military Ombud’s decisions would be fair and impartial. However, the Committee disputed this assertion as the process followed by the Military Ombud is transparent and would be challenged if found unfair.

 

The new proposed amendment will ensure that the security of the country takes precedence and ensures the smooth running of the SANDF.

 

The committee presents proposed amendments to Clause 5 for consideration. They are as follows:

 

On page 3, from line 2, to omit “on the recommendation of the National Assembly,”.

 

On page 3, from line 4, to omit subsections (2) and (3).

 

On page 3, from line 34, to omit subsections (9) and (10).

 

On page 3, in line 43, after the first “the”, to insert “Ombud and”.

 

I thank you. [Applause.]

 

Debate concluded.

 

Question put: That the Bill, subject to the proposed amendments, be agreed to.

 

Bill, subject to the proposed amendments, agreed to in accordance with section 75 of the Constitution.

 

FAREWELL SPEECHES

 

Mrs R N RASMENI: Hon Deputy Chairperson, on behalf of the ANC I would like to make the following farewell statement as we, as members of the Council, conclude our parliamentary tasks for this year.

 

The ANC would like to convey its sincere appreciation to us all for work well done by the MPs in the NCOP, as well as the Presiding Officers and the support staff who do an excellent job quietly behind the scenes.

 

The year 2011 has been a long, very busy and challenging year for all of us but, despite all that, I would like to believe that we managed to accomplish a lot. Yes, sometimes we tried so hard to achieve more but fell short. That does not mean we have failed, but just that we could not do more than we did.

 

Yes, our people expected a lot from us in regard to changing their lives for the better, and our task here was to ensure that we did exactly that and that all the programmes we undertook, the legislation we passed and the reports we adopted during the course of this year, whether as individuals or as parties, were aimed at addressing that fundamental task.

 

As we take this break, let us all ensure that we do indeed rest, in order to regain the power, the stamina and the sweat we have lost over the past year. This is so that in 2012 we can continue together and pick up our mandates from where we left off.

 

The ANC wishes each and every one of us, our families and our constituencies a very peaceful and joyous festive season and hopes that we will all meet again in Mangaung on the big day, 8 January 2012, to celebrate the centenary of our glorious movement, the ANC. We, in the ANC, will be having a double celebration over the next month – the New Year celebration and also the centenary, which will be the mother of all celebrations. Let me remind drivers not to drink and drive. I thank you. [Applause.]

 

Mrs E C VAN LINGEN: Chairperson, the work done by the NCOP in 2011 was a tremendous job-well done, in spite of our varying political affiliations.

 

This is also the time of the year when one spends time in reflection.

 

Unfortunately, our Chairperson is not here, and we did not get the opportunity last night to thank him for his leadership and for the respect that was always displayed. His role in the supervision of the NCOP programme is phenomenal, and he has always had this wonderful open-door policy, which we appreciate. He has also had a very good attitude towards the many new members who joined in the last year.

Deputy Chair, there is a majority “ruling” by the DA, supported by all the other political parties of this Council, that we appreciate the work that you have done this year – the majority rules!

 

To hon “Point of Order” Ntwanambi, we thank you very much for your guidance this year and for a job well done as Chief Whip of the Council. I wanted to make an exception of hon Ntwanambi because she has a heavy schedule, and she has sometimes done her work under very difficult circumstances.

 

To our committee chairpersons, House Chairpersons, and everybody else who has held a title in the NCOP, thank you very much. I think we have achieved our goals, and we can all be very proud of what we have achieved.

 

To other members of the NCOP, I think there is a wonderful camaraderie among us all, and we do respect each other, irrespective of where we come from and what political parties we support, except when hon Tau forces ANC nonlogic on us and we do not share the vision that he seems to have! [Laughter.]

 

I want to thank the NCOP staff and all the staff members of the political parties for the supporting role they have played this year in making what we have done possible and in achieving the goals that we have been mandated to achieve.

 

I would also like to ask everybody to drive carefully – it is the holiday season.

 

This is a Council with camaraderie and respect for one another. We are now entering the festive season, and in many cases we will have families that will spend the festive season without the loved ones that they have lost. We will be thinking of you with the same compassion that we had during your time of difficulty, as this is a hard time to go through.

 

However, we also wish you all a very happy holiday season and the very best for 2012. We hope that we can beat the programme that we had for 2011 and make the NCOP even better than what it was in 2011. I thank you. [Applause.]

 

Mr D V BLOEM: Thank you very much, Deputy Chairperson. [Interjections.]

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Hon Bloem, we will bear with you because there is something that you have left at home! We will give you a chance! [Laughter.] You may proceed.

 

Mr D V BLOEM: Thank you very much, Deputy Chairperson. [Laughter.] That implies that something is wrong here – I do not understand, but it is fine. I will forgive you for now, Mama! [Laughter.]

 

Hon Deputy Chairperson and hon members, this is our last sitting today. It is a moment to reflect on what we said we were going to do as servants of the people. It is a time for each of us to ask ourselves: Did I perform my duty to the best of my ability?

 

I can say without doubt that the Chairperson, Deputy Chairperson, Chief Whip, all Presiding Officers, the leadership, and the members of this House are equal to the task. All of us know that a soccer team, or a rugby team, or a ship without a captain will definitely sink. Again, without doubt, I can say the NCOP is in good hands.

 

Our Chairperson of the NCOP, the hon Mahlangu, is a champion; a very wise and very humble leader! I would like to say this in his presence, but I will say it even in his absence – I know he informed us yesterday that he would not be with us today.

 

Let me come to our Deputy Chairperson, the hon Mama. [Laughter.] She is a very strong, principled leader! We are very fortunate to have such a motherly figure around us. I know that the hon Deputy Chairperson has some extra grey hair from the trouble I have caused in this House! [Laughter.] Deputy Chairperson, let me take this opportunity to apologise to you for all the troubles I caused this whole year. I hope I am forgiven. Thank you in advance, Deputy Chairperson. To make up for all the trouble, my Christmas present to you will be a 2-litre bottle of black hair dye, for the grey hair! [Laughter.]

To all the members of this House, let me apologise to anybody I have hurt, unintentionally, during this year, especially hon Mashile. Let me thank the Table staff for the hard work they have put in to make our work successful during the year. I cannot forget to thank the service officers for the glasses of water that they always give with a smile. It does not go unnoticed – a big thank you!

 

In conclusion, on behalf of Cope, I want to wish all of you a restful Christmas and a prosperous 2012. May you spend quality time with your family – they deserve it! Please do not call me – I will call you! Thank you very much. [Applause.]

 

Mr J J GUNDA: Thank you, hon Deputy Chair. [Interjections.]

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): I have subtracted one minute because of your behaviour! You may proceed! [Laughter.]

 

Mr J J GUNDA: Thank you, hon Deputy Chair. I appreciate the fact that you have added another two minutes! Thank you!

 

Hon Deputy Chair and hon members here in the House, it is indeed a pleasure to work with you. This year has been a great challenge, but many of us have succeeded because of the support we have had from each other.

 

The time has come to reflect on the year we have had and, at the same time, to be optimistic about the year that lies ahead. There are great challenges that we have to face and tackle during the coming year, especially with decisions to make that will have an impact on our Constitution and the future of our country.

 

What has stood out the most over the past year has been the involvement and input of powerful voices from ordinary South Africans on issues that will have a direct impact on them and especially on the hype around the Protection of Information Bill.

 

We hope that the coming year will address areas in government that have fallen short of robust intervention.

 

Furthermore, we take note of the ANC’s centennial celebration, which is to be held early next year. We do hope that these celebrations will not be held at the expense of the poor people. It is time for the ANC to develop, educate and empower the poorest of the poor. Grant them the economic freedom that the Freedom Charter said they would have, and sustainability so, which is long overdue.

 

May this very same august organisation, which has brought forth and still brings forth quality leaders, such as Lillian Ngoyi, Rolihlahla Mandela, the Sisulu family, Winnie Mandela, Albert Luthuli and many more, reflect on those people – they made this organisation what it is today.

On behalf of the ID, I take this opportunity to wish every member of the House a safe and peaceful festive season, as well as a prosperous New Year.

 

Let me not forget the staff of the NCOP and the leadership who have done such marvellous work. Let me specially thank the hon Chief Whip who was sitting there today. Sometimes she might come across as an arrogant or aggressive person, but deep down in her heart, she understands what we mean when we argue. I would like to thank the staff of the Chief Whip’s office as well. Many times, when we go out with the NCOP, especially with the Chief Whip’s office, the staff is there and everything is sorted out.

 

Therefore, to the people at the Table, who are sitting there today, and everyone in the NCOP, let me just say: “My dear sisters and brothers in the House, I wish you a merry, prosperous Christmas blessed by God. I wish you, when you wake up in 2012, a year when you will say, “I know God has brought us through.” Thank you, hon Deputy Chair. [Applause.]

 

The CHIEF WHIP OF THE COUNCIL: Deputy Chair, I am tempted to respond ...

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): No.

 

The CHIEF WHIP OF THE COUNCIL: ... but, I won’t, for Christmas sake. Of course, there is a better word that I will say to hon Gunda.

 

Hon members, comrades and “madelakufa” [fearless compatriots], I rise to express my profound appreciation to each and every one of our hon members for their resilience and utter commitment throughout the year. I have on many occasions this year expressed my appreciation for working with such committed men and women, whose loyalty to our people is immeasurable.

 

Today we are concluding yet another momentous year, one of the busiest for hon members and the committees of the Council. I am proud to be part of a leadership collective that continues to demonstrate its strong resolve and commitment to working tirelessly and with the utmost dedication.

 

I would like to sincerely thank all of you – I repeat, all of you –for your individual contributions. The work of our committees and plenary sessions attest to the dedication, loyalty and commitment that you have shown this year.

 

This year we have witnessed the most robust engagements and debates this Council has ever seen. We have passed more motions and asked more questions than in any other year since this Council was established in 2002.

 

Our committees have continued with their work to ensure that our Council plays an important role in our national quest to build a better life for our people and ensure that we bring to the fore the voices of our people in the provinces.

 

As a Council, we have ensured that the issues facing our people receive the utmost attention from the government. We have also continued with our work of holding the government accountable. We have done so because we are aware that accountability and a high sense of responsibility in the governance of the affairs of the people is the bedrock of our democracy, and it is our collective duty as representatives of the people to protect and defend our democratic ideals.

 

We have undertaken the most successful Provincial Week, and recently visited the people of uMzinyathi as part of our programme of Taking Parliament to the People.

 

Your conduct and character show your commitment to working tirelessly and with utter dedication to leave a lasting legacy for our Parliament, specifically our Council. Your dedication and hard work are reflected in the important role that our Council continues to play in the evolution of our young nation. You have truly entrenched the NCOP as one of the most important institutions of our democracy.

 

We have also worked continuously to create space for our people to raise their challenges and give true meaning to the concept of a People’s Parliament. Our Council has been consistent in its message of being the voice of our people. Indeed, through its work, the NCOP has helped to bring practical meaning to participatory democracy and representing issues that our people are confronted with on a daily basis.

 

I know that while we have come to the last day of the official sitting of our Council this year, many of our hon members will still be hard at work in their constituencies. As we continue to communicate the message of hope and service to our people, we must also take some time to rest, recuperate and re-energise our vigour and spend time with our families.

 

Lastly, allow me to thank all of you for the support you gave me at the beginning of the year 2011. It was tough, but you made me understand that amputation was not the end of my life. Let’s do this for all those who need comfort, particularly hon Rantho, who lost her brother in a fire in the Strand, and hon Mlenzana, whose son was stabbed to death last Saturday.

 

In conclusion, as we depart from the precincts of Parliament and drive to our various destinations, let us be safe and continue to preach the gospel of safety on our roads.

 

I wish you and your families a happy festive season and a prosperous new year. May we all come back next year as good as we are this year. Thank you, Chair. [Applause.]

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Order! May I take this opportunity to speak to everybody seated here and also to those who are not here for various reasons. In particular, I wish to say to those who have lost members of their families that we all extend our deepest sympathy to them. We will be with you on the difficult days, and may the souls of those who have departed rest in peace.

 

To all of you here, let us come back next year very vigilant, in order to work better than this year. A few members here must grow up. They have now actually graduated from Preschool to Sub A, which is a good step. [Laughter.] I am not going to mention names – they know who they are. To the ANC members, they should please go back to their respective constituencies and work hard, jointly, to achieve their goals for the centenary that falls on 8 January.

 

I will now allow the Chief Whip to say something. Chief Whip, you have the floor.

 

The CHIEF WHIP OF THE COUNCIL: Deputy Chairperson and hon members, yesterday there was a question and some confusion in regard to the announcement made by the hon Minister of Finance. Among those members who were confused was hon Bloem.

 

We want to say that there is an intervention in one province. A notice still has to be sent to the NCOP and the Council will be briefed on that. So, let’s wait for that. That doesn’t affect the other two provinces. I want us to leave it at that and not discuss it. Let us not say anything until we have proper communication, and those processes will then unfold.

 

I would also like to ask the Deputy Chairperson, even though I have not notified her, to ask the ANC members to remain just for two minutes, please. There is an announcement that we need to make quickly. I really thank you for that, Deputy Chair.

 

The DEPUTY CHAIRPERSON OF THE NCOP (Ms T C Memela): Order! It is as requested. That concludes the business of the day. Hon members, you are requested to remain standing until the procession has left the Chamber.

 

The Council adjourned at 11:47.

__________

 

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

 

ANNOUNCEMENTS

National Assembly and National Council of Provinces

 

The Speaker and the Chairperson

 

1.         Assent by President in respect of Bills

 

(1) Division of Revenue Amendment Bill [B 17 – 2011] – Act No 20 of 2011 (assented to and signed by President on 5 December 2011).

 

2.         Bills passed by Houses – to be submitted to President for assent

 

(1)        Bills passed by National Council of Provinces on 7 December 2011:

 

(a) Intellectual Property Laws Amendment Bill [B 8B – 2010] (National Assembly – sec 75).

 

(b) Tax Administration Bill [B 11B – 2011] (National Assembly – sec 75).

 

(c) Skills Development Amendment Bill [B 16B – 2011 (Reprint)] (National Assembly – sec 75).

 

National Council of Provinces

 

The Chairperson

 

1.         Membership of Committees

 

(1)        Mr R J Tau has been elected Chairperson of the Ad Hoc Committee on the Protection of State Information Bill with effect from 7 December 2011.

 

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