Hansard: NCOP: Unrevised hansard

House: National Council of Provinces

Date of Meeting: 09 Nov 2010

Summary

No summary available.


Minutes

UNREVISED HANSARD

 

TUESDAY, 9 NOVEMBER 2010

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PROCEEDINGS OF THE NATIONAL COUNCIL OF PROVINCES

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The Council met at 14:00.

 

The Chairperson took the Chair and requested members to observe a moment of silence for prayer or meditation.

 

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS – see col 000.

 

NOTICES OF MOTION

 

Mr R A LEES: Chairperson, I give notice that I shall move at the next sitting of the Council:

    

     That the Council —

 

(1) notes with amazement the refusal of the Minister of Defence and Military Veterans to provide full information about flights undertaken by President Zuma, Deputy President Motlanthe and herself;

 

(2) further notes that such refusals on the part of the Minister constitute a breach of trust and a violation of the obligation for Parliament to conduct oversight of the executive;

 

(3) notes, in addition, that this refusal would seem to be a deliberate attempt to cover up huge costs incurred to fly VIPs overseas and around South Africa; and

 

(4) therefore calls upon the Minister of Defence and Military Veterans to immediately provide a full and detailed report on the costs, service providers, and destinations of flights undertaken for all members of the Cabinet over the past six months.

 

Mr M W MAKHUBELA: Chairperson, I give notice that I shall move at the next sitting of the Council:

    

     That the Council —

 

(1) notes the unacceptable manner in which the ANC supporters and MECs in the Northern Province are positioning themselves with regard to the detention of MEC John Block;

 

(2) further notes the urgent necessity to stamp out the belief that there is one law for the elite in government and another law for the rest of us;

 

(3) acknowledges the undesirable meting out of one form of treatment for Mr Block and another for other detainees considering that the law must not only have equal application, but must be seen by all to have equal application; and

 

(4) recognises the continuing manifestation that South Africa in 2010 is a regnant democracy, where one party has been in power for too long, and where, as a result people in government have come to believe that they are above the law.

 

Mrs E C VAN LINGEN: Chairperson, I give notice that I shall move at the next sitting of the Council:

    

     That the Council —

 

(1) notes that the livestock farmers in the Baviaans and Couga mountains as well as the Elands River and Groendal areas, have planned a meeting with the Department of Environmental Affairs for Friday 5 November 2010 where no less than 12 agricultural associations met to discuss the leopard problem in livestock and game farming in these areas;

(2) further notes that the Department of Environmental Affairs, who initiated and confirmed their attendance at the above meeting, recalled all their officials from attending;

 

(3) acknowledges that the leopards conserved and protected by the farmers at present which currently roam the area outside the Baviaans amount to at least 70, whereas the farmers had to eliminate only 28 in the last two years;

 

(4) acknowledges that the stock and game losses due to the leopard predation amount to about R1,4 million over the last two years;

 

(5) requests the Department of Environmental Affairs to immediately face their responsibility and reschedule the meeting with the farmers to discuss and resolve the way forward to not only protect the viability of farming operations but to also prevent the job losses with it;

 

(6) requests the government that, since 35% of the land, estimated at about 250 000 ha, where these cats roam belongs to the state -

 

(a) they fence and protect their properties according to the game fencing regulations as is expected of any other individual who farms with the big cat species; and

(b) they see there is sufficient food for the leopards in the Baviaanskloof state land.

 

Mr S S MAZOSIWE: Chairperson, I give notice that I shall move at the next sitting of the Council:

    

     That the Council —

 

(1) notes with utter contempt the horrendous accident involving the family of a Tshwane metro police officer, Mr Chris Fourie, his wife Jenny Fourie, and their three children who were badly injured when their car was hit at high speed by another car suspected to have raced through a red robot while taking part in drag racing, which is a common and notorious occurrence every Sunday in many parts of our cities and public roads;

 

(2) takes this opportunity to condemn in the harshest possible terms such disregard for the safety of our communities by heartless and irresponsible mavericks; and

 

(3) calls on all metro police and traffic departments across South Africa to wage a war against drag racers who continuously hold our communities at ransom and subject them to the deadliest dangers of their selfish and reckless antics that are nothing but a show of disrespect for our laws and the constitutionally enshrined rights of our communities.

 

Mr D A WORTH: Chairperson, I give notice that I shall move at the next sitting of the Council:

    

     That the Council —

 

(1) notes that 20 farms have been abandoned and a further 144 farms were found to be unproductive in the Free State province alone under the land reform programme;

 

(2) further notes that the Department of Rural Development and Land Affairs should therefore concentrate their resources on these unproductive and abandoned farms to ensure the future sustainability of emerging farmers; and

 

(3) acknowledges that experienced extension officers with sufficient resources and better mentoring by existing successful farmers, together with recapitalisation from the department, are required to ensure future food security, rather than the quest for new productive commercial agricultural land which is then added to the irresponsible failed state farming enterprises.

 

Mnr M J R DE VILLIERS: Voorsitter, by die volgende sitting van die Raad sal ek voorstel:

     

   Dat die Raad kennis neem —

 

(1)        dat die dwase besluit wat geneem is om die veelbesproke en omstrede multimiljoen-rand wapentransaksie te staak, die ANC—regering soos ’n spook kom jag;

 

(2)        dat die Staande Komitee op Openbare Rekeninge Adv Menzi Simelane, Hoof van die Nasionale Vervolgingsgesag, en Luitenant-Generaal, Anwar Dramat, hoof van die Valke, ontbied het om te verduidelik hoekom die ondersoek na die wapenskandaal gestaak is;

 

(3)        dat die ANC—regering verder onder druk kom deurdat die Accountancy and Acturial Discipline Board, AADB, nou KPMG in Brittanje ondersoek; en

 

(4)        dat die DA hierdie stappe verwelkom, omdat ons glo dat die waarheid aan die kiesers van Suid-Afrika en die wêreld verskuldig is.

(Translation of Afrikaans notice of motion follows.)

 

[Mr M J R DE VILLIERS: Chairperson, I give notice that I shall move at the next sitting of the Council:

That the Council –

 

(1) notes the foolish decision to end the investigation into the widely discussed and controversial multimillion-rand arms deal is coming back to haunt the ANC;

 

(2) further notes that the Standing Committee on Public Accounts, Scopa, has summoned Adv Menzi Simelane, head of the National Prosecuting Authority, and Lieutenant-General Anwar Dramat, head of the Hawks, to explain why the investigation into the arms deal has been halted;

 

(3) acknowledges that the ANC-led government has been placed under further pressure now that the Accountancy and Actuarial Discipline Board is investigating KPMG in Britain; and

 

(4) welcomes these steps because we believe that the voters of South Africa and the world are owed the truth.]

 

The CHIEF WHIP OF THE NCOP: Chairperson, I give notice that I shall move at the next sitting of the Council:

 

That the Council –

 

(1) notes the damning forensic audit by auditors KPMG which showed how the Congress of the People wasted millions in public funds in its parliamentary allowance, including over R2 million on its aborted elective party conference in Centurion;

 

(2) further notes that KPMG found that among the financial abuses were the following -

 

(a) people not employed by Cope parliamentary caucus were being paid from parliamentary allowances, including three provincial youth secretaries, who were paid an amount of R213 000 in 18 months without valid employment contracts and an additional R28 000 was spent on their travelling costs;

 

(b) a payment of R155 000 to their Johannesburg-based financial manager Pat Gamede whose employment contract was based on a verbal agreement with Shilowa;

 

(c) an amount of R212 000 to cover legal fees incurred when the hon Mr D Bloem and the hon Mr L Tolo took Parliament to court to stop and/or contest their evictions from houses they were occupying at the Pelican Park parliamentary village;

 

(d) an amount of R330 000 in petty cash withdrawals which took place from June 2009 to May 2010 and no receipts were provided for R110000 of the money;

 

(e) stationery purchases of R739 000 over a year without a signed contract with the supplier; and

 

(3)        takes this opportunity to condemn in the harshest possible terms such gross abuse of public funds and calls on Parliament to lay criminal charges against all those involved in this utter abuse of public funds.

  

Mr K A SINCLAIR: Chairperson, I give notice that I shall move at the next sitting of the Council:

 

That the Council –

    

(1) notes the failure of government to treat the owners of Aurora Mines, because of their political connections, in the normal way subject to the laws of the land;

 

(2) further notes the further shameful failure of government to ensure that long-suffering miners and workers who were owed remuneration were paid out according to the prevailing laws of our country; and

(3) acknowledges the further failure of government in allowing working and commercially viable mines, farms and other enterprises to collapse in the hands of new owners from the previously disadvantaged sectors.

 

Mr J M BEKKER: Chairperson, I give notice that I shall move at the next sitting of the Council:

 

That the Council debates what the upgrading of an informal settlement means to people as part of a better life for all.

 

Mr S H PLAATJIE: Chairperson, I give notice that I shall move at the next sitting of the Council:

 

   That the Council –

 

(1) notes the failure of government in ensuring that our schools are safe, that a code of conduct is enforced and that educators serve as exemplary role models; and

 

(2)        further notes the failure of government to institute disciplinary procedures to deal promptly with educators who abuse pupils, engage in sexual activities with them, come to school late or do not come to school at all and those who come to school intoxicated.

  

Mr O DE BEER: Chairperson, I give notice that I shall move at the next sitting of the Council:

 

That the Council –

 

(1) notes the signal failure of the Minister of State Security in not publicly and strongly distancing himself from his wife who is in court on serious charges of widescale drug trafficking;

 

(2) further notes the further failure of the Minister in not standing aside for the duration of the legal proceedings against his wife; and

 

(3) acknowledges the failure of government in not making a pronouncement on the matter considering its implication for intelligence and security in our country.

 

DANGERS OF INFORMAL GAMBLING

 

(Draft Resolution)

 

Ms M C DIKGALE: Chairperson, I move without notice:

 

   That the Council —

  

(1) notes that the National Responsible Gambling Programme has released results of a survey showing that people are more at risk from informal gambling with dice, cards and fahfee, than from betting on horses or playing a slot machine at a casino;

 

(2) further notes that the survey shows that 19% of the country’s gamblers gamble at informal venues, 12% in casinos and 68% play the lottery, and that in the common gambling areas such as White City Jabavu and Javela Park in Johannesburg, people are betting their houses, cars and even wives or partners to fuel their gambling addictions;

 

(3) takes this opportunity to call on structures such as the SA Council on Responsible Gambling, the National Responsible Gambling Programme, and the National Gambling Board to create more programmes to raise awareness about the dangers of informal gambling; and

 

(4) calls on the SA Police and the Metro police to wage a war against this repulsive modernised slavery which is a gross violation of the rights of the women and children used for betting.

 

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

 

TRAGIC DEATH OF HOOSEN MOOSA

 

(Draft Resolution)

 

Mr R A LEES: Chairperson, I move without notice:

 

   That the Council —

 

(1) notes the tragic death of 19-year-old Hoosen Moosa who collapsed and died whilst participating in rugby training at Uvongo in KwaZulu-Natal on Saturday, 6 November 2010;

 

(2) further notes that Hoosen was a keen rugby player who had been selected to play for the Ugu team that is to participate in the Kwanaloga Games in Richards Bay later this year; and

 

(3) extends its condolences to Hoosen’s family and hopes that they may find peace in the midst of this tragedy.

 

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

 

GANG RAPE IN SCHOOLS

 

(Draft Resolution)

 

Ms B P MABE: Chairperson, I move without notice:

  

   That the Council —

 

(1) notes with utter dismay and contempt that a schoolgirl was gang-raped at her school in Johannesburg by a group of boys who filmed the assault last week Thursday, 4 November 2010;

 

(2) further notes that preliminary investigations suggested that two girls were given a date-rape drug on Thursday by a fellow learner and one of the girls was subsequently gang-raped by a group of boys while being filmed on their cellphones on the school grounds and during school hours;

 

(3) takes this opportunity to condemn in the harshest possible terms such inhumane and utterly repulsive behaviour from the learners and the failure of teachers and pupils to respond to the alleged gang-rape for almost five days under a frivolous excuse of not wanting to traumatise the school during the exams; and

 

(4) calls on the Minister of Basic Education to institute an inquiry into the incident and the conduct of the immediate school community for its failure to protect the learner.

 

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

 

The CHAIRPERSON OF THE NCOP: Hon member from Gauteng, did you have your hand up? I have just forgotten your name; they have not updated the list. [Interjections.] Hon Abrahams. Can you take your seat.

 

MAHATMA GANDHI AND ARRIVAL OF INDIAN COMMUNITY IN 1860

 

(Draft Resolution)

 

Mrs B L ABRAHAMS: Thank you, hon Chairperson. My name is Bev Abrahams from Gauteng, the beautiful province. [Laughter.] I move without notice:

 

   That the Council —

 

(1) notes that the Indian community arrived in South Africa on 16 November 1860, 150 years ago;

 

(2) further notes that they were employed on the Natal Estate sugar farms as labourers;

 

(3) acknowledges that Mahatma Gandhi was one of the first Indians that travelled on a “whites only” train and was forcefully removed by the apartheid government; and

 

(4) realises that we should never let that be allowed again in South Africa.

Long live the spirit of Mahatma Gandhi!

 

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

 

CALL ON MEMBERS OF CRISIS-RIDDEN COPE TO RETURN TO ANC

 

(Draft Resolution)

 

Mr M P JACOBS: Chairperson, I move without notice:

 

That the Council –

 

(1) notes that the political circus in the Congress of the People continues to make headlines as whips of the party took a decision to have their Deputy President Mbhazima Shilowa suspended from Parliament for submitting unauthorised and fabricated financial statements;

 

(2) further notes that Mbhazima Shilowa was suspended as the party’s chief whip and accounting officer in a bitter political fight that has seen their party divided into those who support him and those who support his arch rival for the presidency of the party; and

 

(3) takes this opportunity to call on all those who left the ANC to join Cope to come back to where they belong and rejoin our national quest to rebuild South Africa and dismantle the legacy of apartheid development in our communities.

 

The CHAIRPERSON OF THE NCOP: Order, order! Is there any objection to that motion? [Interjections.] [Laughter.] In the light of the objection, the motion may not be proceeded with. The motion without notice will now become a notice of motion.

 

CONGRATULATIONS TO SA POLICE SERVICE FOR FIGHTING CRIME IN BEREA

 

(Draft Resolution)

 

Mnr H B GROENEWALD: Agb Voorsitter, ek stel sonder kennisgewing voor:

 

    Dat die Raad –

 

(1) die SA Polisiediens gelukwens met hulle optrede in Berea, Johannesburg om van misdadigers uit woonstelblokke ontslae te raak ...

(Translation of Afrikaans paragraph follows.)

 

[Mr H B GROENEWALD: Hon Chairperson, I move without notice:

 

That the Council –

    

(1) congratulates the SA Police Service, SAPS, on their action in Berea, Johannesburg  to get rid of criminals in blocks of flats ...]

 

Mrs E C VAN LINGEN: May we please ask Hon Groenewald to start from scratch, because he was half way through his motion, and the wrong microphone was switched on.

 

The CHAIRPERSON OF THE NCOP: Oh, I see. Can you start from the beginning, Mr Groenewald?

 

Mr H B GROENEWALD: I will do so.

 

Agb Voorsitter, ek stel sonder kennisgewing voor:

     

    Dat die Raad –

 

(1) die SA Polisiediens gelukwens met hulle optrede in Berea, Johannesburg om van misdadigers uit woonstelblokke ontslae te raak;

 

(2) kennis neem dat dit wys dat daar daadwerklik ’n poging aangewend word om die Suid-Afrikaanse publiek te beveilig; en

 

(3) van hierdie geleentheid gebruik maak om Minister Nathi Mthethwa sterkte toe te wens met die bekamping van misdaad.

(Translation of Afrikaans draft resolution follows.)

 

[Hon Chairperson, I move without notice:

 

That the Council -

 

(1)        congratulates the SA Police Service, SAPS, on their action in Berea, Johannesburg to get rid of criminals in blocks of flats;

 

(2) notes that this shows that a real attempt is being made at safeguarding the South African public; and

 

(3) would like to take this opportunity to wish Minister Nathi Mthethwa well in combating crime.]

 

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

 

DEATH OF AVELINA KAJUBA

 

(Draft Resolution)

 

Ms D Z RANTHO: Chairperson, I move without notice:

 

That the Council –

(1) notes the stories of goodwill and humility displayed by South Africans who offered to pay the funeral costs of Ms Avelina Kajuba who was beaten by her partner and declared brain dead by doctors at the Kimberley Hospital;

 

(2) takes this opportunity to thank all those who made their contribution to the family and conveys its profound condolences to the Kajuba family; and

 

(3) calls on the security cluster to ensure that the perpetrator of this gruesome and tragic incident receives the full might of the law.

 

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

 

SENTENCING OF MARTHINUS ESTERHUIZEN FOR KILLING OF THREE PEOPLE

 

(Draft Resolution)

 

Mrs A N D QIKANI: Chairperson, I move without notice:

 

   That the Council –

 

(1) notes that Marthinus Esterhuizen, the caretaker farmer who shot and killed Karoo guitarist Helena Nuwegeld, her husband Hendrik September and their friend Mannetjie John, was sentenced to three life terms in the Beaufort West circuit court yesterday, 8 November 2010; and

 

(2) takes this opportunity to welcome the sentence and hopes that it will send a very strong message to farmers who have no regard for the constitutional rights of farm dwellers and their families.

 

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

 

APPEAL TO BE VIGILANT OF SERIAL RAPIST

 

(Draft Resolution)

 

Mr G G MOKGORO: Chairperson, I move without notice:

 

   That the Council –

 

(1)        notes reports of a serial rapist who is preying on young black females between the ages of 19 and 21 in and around the Johannesburg area and more recently in Pretoria;

 

(2)        further notes that the serial rapist, who approaches a group of women and invites them to celebrate his birthday with him at a nearby restaurant or bar, has committed at least 12 rapes since August in the Hillbrow area; and

(3) calls on people who might know the perpetrator, who goes by the names of “Sbu” “Sibusiso,” or “Zamani” or “Vusi”, to alert the police, and appeals to young women to be vigilant.

 

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

 

CHANGE IN VENUE FOR OVERSIGHT VISIT TO FREE STATE

 

(Draft Resolution)

 

The CHIEF WHIP OF THE NCOP: Chairperson, I move the motion as printed in my name on the Order Paper as follows:

 

That the Council, in terms of Rule 21(2) and, in the interest of enhancing public participation, conducting oversight and providing a platform for consideration of issues affecting provinces as provided for in section 42(4) and 72(1) of the Constitution of the Republic of South Africa, 1996 –

 

(1)        the Council resolves to, from 15 to 19 November 2010, conduct public hearings, hold meetings, conduct oversight visits and sit in plenaries in the province of Free State on 16 and 19 November 2010, at 16:30 and 09:30 respectively, until the conclusion of business on those days; and

(2)        the Council notes that the estimated cost of effecting the change in venue and maintaining it for the specified period will be R8 million.

 

Question put: That the motion be agreed to.

 

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

 

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

 

SOUTH AFRICAN CITIZENSHIP AMENDMENT BILL

 

BIRTHS AND DEATHS REGISTRATION AMENDMENT BILL

 

LOCAL GOVERNMENT: MUNICIPAL ELECTORAL AMENDMENT BILL

 

(Consideration of Bills and of Reports thereon)

 

Mrs R N RASMENI: Chairperson and hon members, the founding provisions of the Constitution of the Republic of South Africa state that national legislation must provide for the acquisition, loss and restoration of citizenship. Up to now the acquisition, loss, deprivation and resumption of South African citizenship was regulated by the South African Citizenship Act, Act 88 of 1995 and the regulations issued in terms thereof.

New and changing circumstances made it necessary for the South African Citizenship Amendment Bill, Bill 17 of 2010, to be considered. In terms of the Bill, any person shall be a South African citizen by birth if he or she is born in or outside the Republic and one of his or her parents is or was, at the time of his or her birth, a South African citizen. No person shall be a South African citizen by birth if, at the time of his or her birth, one of his or her parents had not been admitted into the Republic for permanent residence and his or her other parent was not a South African citizen. Any person born in the Republic of parents who have been admitted into the Republic for permanent residence and who is not a citizen qualifies to be a citizen by birth if he or she has lived in the Republic from the date of birth up to attaining the age of maturity and his or her birth is registered in the Republic according to the Births and Deaths Registration Act, Act 51 of 1992. A child adopted by a South African citizen acquires citizenship by descent and, most importantly, a naturalised citizen may not apply for retention of citizenship if he or she wishes to engage in a war that the government of the Republic of South Africa does not support.

 

In 2006, the Prohibition of Mercenary Activities and Regulation of Certain Activities in Country of Armed Conflict Act, Act 27 of 2006, was passed as a way of prohibiting mercenary activity and to regulate the enlistment of South African citizens of permanent residence in other armed forces. The fact that there is no provision for the loss of citizenship by a naturalised citizen for engaging in a war that the Republic does not support has become a matter of concern. The amendment of section 6 of the South African Citizenship Act, Act 88 of 1995, now provides that a naturalised citizen may not apply for retention of citizenship if he or she wishes to engage in a war that the government of the Republic does not support under the flag of another country.

 

The main objective of the Births and Deaths Registration Amendment Bill, Bill 18 of 2010, is to amend the Births and Deaths Registration Act, Act 51 of 1992, with regard to the following: provisions relating to the registrations of births, designation of funeral undertakers, recording of adoptions, and provisions relating to secrecy of records obtained under the Act. It addresses the following: It provides for parents, persons having charge of a child or persons requested by parents or persons having charge of a child to give notice of birth. This allows agents to actively participate in births registration, resulting in inability to conduct verification processes. In some cases, this leads to false registration.

 

It categorises late registration of birth into three categories with different criteria. It permits the amendment of birth registration and particulars of a child born out of wedlock after the first registration. It allows for abandoned children who are part of child-headed families to get assistance to register birth, and it provides for the designation of funeral undertakers to act as agents for death registration activities, ensuring the mechanism of handling death registration forms and minimising corruption in the process.

 

In the main, the Bill provides for a requirement that only parents or, if parents are deceased, a legal guardian or next of kin can give notice of birth; categorisation of late registration of birth and providing for stringent requirements and regulations; the requirement of prescribed conclusive proof of paternity in cases where fathers are amended to second father; the registration of orphaned children in order to ensure that child-headed families get assistance to register their births; and the designation of funeral undertakers on compliance with prescribed requirements.

 

With the Local Government: Municipal Electoral Amendment Bill, Bill 27B of 2010, we seek to deepen democracy in that the clauses we seek to amend will benefit the masses of our people in enabling them to access and enjoy their right to vote in their choice of local government in a manner that is easier and more efficient. South Africa’s system of local government is one of the youngest and most democratic in the world. The first democratic local government elections held on 5 December 2000 enabled South Africans to vote for public representatives and parties within a transformed local government.

 

We have, through this amending Bill, the opportunity to enhance the participation of our people at the centre of development and not merely as beneficiaries but as drivers of transformation. This amending Bill provides the opportunity to strengthen the system of electing public representatives, drawing on the lessons derived from our collective experience of the need for a more effective and accountable manner in which we elect our public representatives to local government. We must take the forthcoming local government election as an opportunity and important challenge to ensure that this sphere of government performs optimally with regard to all our socioeconomic programmes directed at the further improvement of the quality of life of all our people.

 

We have to work to improve the effectiveness and efficiency of our system of local government. Accordingly, we have to prepare the incoming councillors to understand their tasks to enable them to properly discharge their legislative and executive responsibilities.

 

This Bill is in line with the idea of ensuring that each of the district and metropolitan municipalities has the necessary managerial, professional and technical staff to enable them to implement the required developmental programmes. The Select Committee on Social Services agrees to the three mentioned Bills with minor amendments. I thank you very much. [Applause.]

 

Debate concluded.

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

 

Birth and Deaths Registration Amendment Bill, subject to a proposed amendment, agreed to in accordance with section 75 of the Constitution.

 

Local Government: Municipal Electoral Amendment Bill agreed to in accordance with section 75 of the Constitution.

 

BLACK AUTHORITIES ACT REPEAL BILL

 

(Consideration of Bill and of Report thereon)

 

Mr G G MOKGORO: Chairperson, Chief Whip and the Minister of Rural Development and Land Reform, good afternoon. This afternoon, I would like to share with the House some of the deliberations that the Select Committee on Land and Environmental Affairs had on the Black Authorities Act Repeal Bill, B9 of 2010, that was introduced by the Minister of Rural Development and Land Reform to Parliament.

 

The Black Authorities Act is the legislation which established statutory tribal, regional and territorial authorities to generally administer the affairs of black people, abolished the Black Representative Council established by section 20 of the Representation of Blacks Act, Act 12 of 1936 and amended the Black Affairs Act, Act 23 of 1920 and the Representation of Blacks Act, Act 12 of 1936.

 

This Act was a legislative cornerstone of apartheid by which black people were controlled and is reminiscent of the past division and discrimination. The provisions of the Act are both obsolete and repugnant to the values and human rights enshrined in the Constitution of the Republic of South Africa.

 

Therefore, the legislative process that the Select Committee on Land and Environmental Affairs followed for this section 76 Bill firstly entailed being briefed by the Department of Rural Development and Land Reform. Following the process for the section 76 Bill, the provinces were alerted, and the permanent delegates briefed their respective provincial counterparts on the Bill. Public hearings were then held within the provinces and, after that, a mandate ? negotiating meeting where eight provinces supported the Bill. The final mandate meeting was held on 2 November 2010, with all nine provinces supporting the Bill without amendment.

 

Therefore, Minister and members of the House, the Select Committee on Land and Environmental Affairs, having considered the Black Authorities Act Repeal Bill, Bill 9 of 2010, and it being classified by the Joint Tagging Mechanism, JTM, as a section 76 Bill, recommends adoption of the Bill without amendment.

 

Debate concluded.

 

Question put: That the Bill be agreed to.

 

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

 

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

 

The Council adjourned at 14:50.

__________

 

ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS

 

WEDNESDAY, 3 NOVEMBER 2010

 

ANNOUNCEMENTS

 

National Assembly and National Council of Provinces

 

The Speaker and the Chairperson

 

1.         Draft Bills submitted in terms of Joint Rule 159

 

(1) Regulation of Interception of Communications and Provision of Communication-related Information Amendment Bill, 2010, submitted by the Minister of Justice and Constitutional Development.

 

Referred to the Portfolio Committee on Justice and Constitutional Development and the Select Committee on Security and Constitutional Development.

 

2.         Introduction of Bills

 

(1)        The Minister of Justice and Constitutional Development

 

(a) Regulation of Interception of Communications and Provision of Communication-related Information Amendment Bill [B 38 – 2010] (National Assembly – proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33719 of 29 October 2010.]

 

(b) Criminal Procedure Amendment Bill [B 39 – 2010] (National Assembly – proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33619 of 7 October 2010.]

 

Introduction and referral to the Portfolio Committee on Justice and Constitutional Development of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.

 

In terms of Joint Rule 154 written views on the classification of the Bill may be submitted to the JTM within three parliamentary working days.

 

National Council of Provinces

 

The Chairperson

 

1.         Membership of Committees

 

The following members have been nominated by their parties to serve on the Joint Ad Hoc Committee on the Code of Judicial Conduct and the Regulations on Judge’s Disclosure of Registrable Interests:

 

     Member                               Party                           Province          

Hon. Mr. A. G. Matila                             ANC                             Gauteng

Hon. Ms. D. Z. Rantho                           ANC                            Eastern Cape

Hon. Mr. T. M. H. Mofokeng                  ANC                             Free State

Hon. Prince M. M. M. Zulu                     IFP                               KwaZulu-Natal

Hon. Ms. M. C. Dikgale                         ANC                             Limpopo

Hon. Ms. M. G. Boroto                          ANC                             Mpumalanga

Hon. Ms. R. M. Rasmeni                        ANC                             North West

Hon. Mr. J. J. Gunda                             ID                                 Northern Cape

Hon. Mr. T. B. Beyleveldt                       DA                               Western Cape

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.         The Minister of Finance

 

(a) Amendments to Money Laundering and Terrorist Financing Control Regulation, 2002 in terms of section 77 of the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001)

 

(b) Amendments to Schedule 1 of the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001)

 

(c) Amendments to Schedule 2 of the Financial Intelligence Centre Act, 2001 (Act No. 38 of 2001)

 

2.         The Minister of Police

 

(a) Agreement between the Government of the Republic of South Africa and the Government of the Republic of Cyprus on Police Cooperation, tabled in terms of section 231(3) of the Constitution, 1996.

 

National Council of Provinces

 

1.         The Chairperson

 

(a)        Practical Guidelines for Employees, in terms of section 10 (4)(a) of the Protected Disclosures Act, 2000 (Act No 26 of 2000)

 

Referred to the Select Committee on Security and Constitutional Development for consideration and report.

 

COMMITTEE REPORTS

 

National Council of Provinces

 

1. Report of the Select Committee on Land and Environmental Affairs on the Black Authorities Act Repeal Bill [B9-2010], dated 02 November 2010

 

The Select Committee on Land and Environmental Affairs, having considered the Black Authorities Act Repeal Bill [B9-2010] (National Assembly – sec 76), referred to it and classified by the JTM as a section 76 Bill, reports the Bill without amendments.

 

_______________________

 

Ms AND Qikani, MP

Chairperson: Select Committee on Land and Environmental Affairs

 

Committee Room M314

Third Floor, Marks Building

02 November 2010

2. Report of the Select Committee on Social Services on the South African Citizenship Amendment Bill [B17 B – 2010] (National Assembly – sec 75), dated 02 November 2010:

 

The Select Committee on Social Services, having considered the subject of the South African Citizenship Amendment Bill [B17 B – 2010] (National Assembly – sec 75), referred to it, and classified by the JTM as a Section 75 Bill, reports the Bill with proposed amendments:

 

CLAUSE 6

 

      1.   On page 6, from line 37, to omit paragraph (a).

 

      2.   On page 6, after line 47, to add the following paragraph:

 

      (b)  the addition of the following subsection:

 

                        (3)        Any person who obtained South African citizenship by naturalization in terms of this Act, shall cease to be a South African citizen if he or she engages, under the flag of another country, in a war that the Republic does not support.

 

Report to be considered

 

THURSDAY, 4 NOVEMBER 2010

 

ANNOUNCEMENTS

 

National Council of Provinces

 

The Chairperson

 

1.         Message from National Assembly to National Council of Provinces in respect of Bills passed by Assembly and transmitted to Council

 

(1)        Bill passed by National Assembly and transmitted for concurrence on 4 November 2010:

 

(a)        Division of Revenue Amendment Bill [B 35 – 2010] (National Assembly – sec 76(1)).

 

The Bill has been referred to the Select Committee on Appropriations of the National Council of Provinces.

 

TABLINGS

 

National Council of Provinces

 

1.         The Chairperson

 

(a)        Notice of intervention issued in terms of section 139(1)(b) of the Constitution, 1996 to Msunduzi Local Municipality (KwaZulu-Natal).

 

Referred to the Select Committee on Cooperative Governance and Traditional Affairs for consideration and report.

 

FRIDAY, 5 NOVEMBER 2010

 

TABLINGS

 

National Assembly and National Council of Provinces

 

1.         The Minister of Justice and Constitutional Development

 

(a)        Report on the provisional suspension of a magistrate: Mr F R Rambau, a regional magistrate at Polokwane in terms of section 13(3)(b) of the Magistrates Act, 1993 (Act No 90 of 1993).

 

(b)        Report on the provisional suspension of a magistrate: Mr L Skrenya, a magistrate at Cala in terms of section 13(3)(b) of the Magistrates Act, 1993 (Act No 90 of 1993).

 

(c)        Report on the provisional suspension of a magistrate: Mr M K Chauke, an additional magistrate at Pretoria in terms of section 13(3)(c) of the Magistrates Act, 1993 (Act No 90 of 1993).

 

(d)        Report on the provisional suspension of a magistrate: Mr W J M Prinsloo, a magistrate at Ermelo in terms of section 13(3)(c) of the Magistrates Act, 1993 (Act No 90 of 1993).

 

(e)        Report on the provisional suspension of a magistrate: Mr I W O M Morake, a magistrate at Lichtenburg in terms of section 13(3)(b) of the Magistrates Act, 1993 (Act No 90 of 1993).

 

(f)         Report on the provisional suspension of a magistrate: Ms A Maharaj, an additional magistrate at George in terms of section 13(4)(b) of the Magistrates Act, 1993 (Act No 90 of 1993).

 

(g)        Report on the provisional suspension of a magistrate: Mr N M Jassiem, an additional magistrate at Mitchells Plain in terms of section 13(4)(b) of the Magistrates Act, 1993 (Act No 90 of 1993).

 

2.         The Minister of Finance

 

(a)        Government Notice No R999 published in Government Gazette No 33717 dated 1 November 2010: Amendment:  Exchange Control Regulations, in terms of the Currency and Exchanges Act, 1933 (Act No 9 of 1933).

 

MONDAY, 8 NOVEMBER 2010

 

ANNOUNCEMENTS

 

National Council of Provinces

 

The Chairperson

 

1. Referral to Committees of papers tabled

 

(1) The following papers are referred to the Select Committee on Labour and Public Enterprises for consideration and report:

 

(a)        Final Acts of the International Telecommunications Union (ITU) Plenipotentiary Conference, Antalya, 2006, tabled in terms of section 231(2) of the Constitution, 1996.

 

(b)        Explanatory Memorandum to the Final Acts of the International Telecommunications Union (ITU) Plenipotentiary Conference, Antalya, 2006.

 

TUESDAY, 9 NOVEMBER 2010

 

ANNOUNCEMENTS

 

National Assembly and National Council of Provinces

 

The Speaker and the Chairperson

 

1.         Introduction of Bills

 

(1)        The Minister of Trade and Industry

(c) Companies Amendment Bill [B 40 – 2010] (National Assembly – proposed sec 75) [Explanatory summary of Bill and prior notice of its introduction published in Government Gazette No 33695 of 27 October 2010.]

 

Introduction and referral to the Portfolio Committee on Trade and Industry of the National Assembly, as well as referral to the Joint Tagging Mechanism (JTM) for classification in terms of Joint Rule 160.

 

In terms of Joint Rule 154 written views on the classification of the Bill may be submitted to the JTM within three parliamentary working days.

 

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

 

(1)        Bills passed by National Council of Provinces on 9 November 2010:

 

(a) Black Authorites Act Repeal Bill [B 9 – 2010] (National Assembly – sec 76).

(b) Local Government: Municipal Electoral Amendment Bill [B 27 – 2010] (National Assembly – sec 75)

 

3.         Membership of Committees

 

(1)        Hon. Mr JB Sibanyoni (NA) and Hon. Mr AG Matila (NCOP) were elected as co-chairpersons of the Ad Hoc Joint Committee on Code of Judicial Conduct and the Regulations on Judges’ Disclosure of Registrable Interests on 9 November 2010.

 

4.         Classification of Bills by Joint Tagging Mechanism (JTM)

 

(1)        The JTM in terms of Joint Rule 160(6) classified the following Bills as section 75 Bills:

 

(a) Regulation of Interception of Communications and Provision of Communication-related Information Amendment Bill [B 38 – 2010] (National Assembly – sec 75)

 

(b) Criminal Procedure Amendment Bill [B 39 – 2010] (National Assembly – sec 75).

 

 

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